Decree of the Ministry of Environment No. 236 / 2002 Coll.
Decree of the Ministry of the Environment on the manner and extent of processing of design and setting of flood areas
Valid
Order
Effective from 10.07.2002
Text versions:
10.07.2002
10.06.2002
236
DECLARATION
Ministry of Environment
of 24 May 2002
on the manner and extent of processing of the design and setting of flood areas
According to § 66 (3) of Act No. 254 / 2001 Coll., on Water and on the amendment of certain laws (Water Act), the Ministry of the Environment provides:
Subject matter
This decree sets out the manner and extent of processing of the flood area design by the water flow manager and the manner and scope of setting that flood area by the water authority.
Basic concepts
For the purposes of this decree:
(a) flood line - a curve corresponding to the intersection of the water level with the earth's surface during flooding;
(b) flood areas - the area defined by the flood line;
(c) design of the flood area - documentation of the flood area submitted to the water authority;
(d) the flood area of the highest natural flood recorded - a territory which is defined by a flood line corresponding to the highest historically recorded and documented water level in the natural flood;
(e) an active flood area - a territory in built-up areas of the municipalities (1) and in areas intended for installation according to the territorial plans (2) which, in the course of the flood, pays a decisive part of the total flow and thus directly threatens the life, health and property of the people;
(f) periodic floods 5, 20 and 100 years - the occurrence of floods that are reached or exceeded on average once every 5, 20 and 100 years,
(g) inundation areas - areas adjacent to the water flow which are flooded at flows exceeding the capacity of the watercourse.
Method of processing flood area design
(1) The water flow manager shall immediately notify the water authority of the commencement of work on the flood area design and consult it on the way in which the flood area is designed.
(2) If the proposal for a flood area is not processed in accordance with this Decree, the Water Authority shall return it to the Water Water Manager for replenishment or change.
Scope of processing of flood area design
(1) The design of the flood area is processed for the water flow inundation area designated by the water flow manager or by the Plan of the main catchment areas of the Czech Republic and plans of the water catchment areas.
(2) The design of the flood area corresponding to the natural flood, the hydrological characteristics of which were the starting point for the definition of the flood area, for the flows corresponding to the relevant technical standard, 3) which occur in natural flooding with periodicity of 5, 20 and 100 years.
(3) At the same time, in the built-up areas of the municipalities and in the areas designated for installation according to the territorial plans, pursuant to Section 66 (2) of the Water Act, the active flood zone shall be defined for flows corresponding to the relevant technical standard (3).
Documentation for the processing of flood area design
The documentation for processing the flood area design shall include:
(a) the standard hydrological data provided by the Czech Hydrometeorological Institute;
(b) the handling order of the water works used to inhale or accumulate water which may significantly affect the highest flow rates during the passage of the natural flood, if such water works are present on the water flow section;
(c) Basic map of the Czech Republic 1: 10 0004) and basic basis of geographical data of the Czech Republic, 5)
(d) the results of the geodetic orientation of the longitudinal and transverse profiles of the watercourse and adjacent inundation area, including the objects affecting the flow;
(e) the result of the hydraulic calculation;
(f) available data on the highest natural flood recorded.
(1) The proposal for a flood area shall be processed and kept in digital form and, where appropriate, in printed form and with the requirements ensuring its applicability for further public administration needs. 6)
(2) The basic map of the Czech Republic 1: 10 000 and the basic base of the geographical data of the Czech Republic determine for the design of the flood area the semi-hourly determination of the water flow, the identifiers of its sections and the peers the height ratios of the inundation area. From this background is also derived the kilometer of the water flow and the relative profile positions.
(3) The altitude of the water flow levels at the highest flood flow rate for whose standard hydrological characteristics the design of the flood area is being processed is determined in individual profiles by a hydraulic calculation of uneven flow and the height is identified on the layers of the Basic Map of the Czech Republic 1: 10 000 or the basic base of the geographical data of the Czech Republic. Thus they form the basis of the semi-rapid determination of the flood line.
(4) The design of the flood area shall also take into account the influence of the water flow of the higher order into which the water flow for which the flood area proposal is being processed flows.
(5) The proposal for a flood area shall be submitted by the water flow manager with the following elements:
(a) the standard hydrological data (§ 5 (a)) used to prepare the flood area design;
b) by calculating the observed flood line (§ 4 (2) and (3)) and transverse profiles above the "water flow" and "pedigree" layers of the Czech Republic's basic map 1: 10 000 or the basic base of geographical data of the Czech Republic, in digital form,
(c) by the calculation of the proposed flood area found, or by the definition, where appropriate, of the active zone of the flood area in the map base referred to in Article 5 (c), which may be adapted to a continuous belt of a width exceeding that flood area at a frequency of 100 years;
(d) a description of how the flood area design and, where appropriate, the flood area active zone referred to in (b) are processed; the description may contain a reference to the standard mathematical models used in the calculation,
(e) a clear table of data on calculated elevation levels of flood levels for which the proposal has been drawn up, for the periodicity of flooding 5, 20 and 100 years in individual profiles;
(f) showing the flood area of the highest natural flood recorded in existing relevant documentation.
(6) The draft flood area shall be submitted by the water flow manager to the water authority in two copies. The proposal referred to in paragraph 5 (c) shall be submitted by the water flow manager in the number of copies agreed with the water authority, but at least in such a number as to enable it to be transmitted to all the bodies referred to in Paragraph 66 (4) of the Water Law once the flood area has been established.
Method and extent of setting of flood land
Procedure of the Water Authority for establishing the flood area and keeping its documentation
(1) The Water Authority provides for a flood area within its territorial competence on the basis of a proposal for a flood area. The two copies of the documentation on the flood area (Paragraph 6 (6)) shall bear the stamp and signature of the authorised worker on the front page and on all map components (hereinafter referred to as the documentation on the designated flood area).
(2) The Water Authority is constantly monitoring, for example in flood inspections, whether the conditions on which the proposal for a flood area was based have changed. In particular, it concerns the loss of validity of the default standard hydrological data [§ 5 (a)] and changes in numbers or parameters of objects that fundamentally affect the process of flooding. If such changes occur, the Water Authority will apply a proposal to change the flood area in the Plan of the main catchment areas of the Czech Republic and in the plans of the river basin areas.
(3) The Water Authority may, for reasons of clarity for the public in carrying out obligations under the specific legislature7) supplement the definition of a specified flood area by using geographical identifiers of generally known objects. 8)
(4) One copy of the documentation of the specified flood area shall be transmitted by the Water Authority to the watercourse administrator who has drawn up the proposal for a flood area.
(5) The display of the designated flood area pursuant to § 6 (5) (c) is distributed by the Water Authority to the bodies referred to in § 66 (4) of the Water Law.
(6) The Water Authority shall provide it for inspection on request to any legal person or natural person, free of charge, in charge of documentation of the designated flood area. The requested copy of this dossier shall be provided to the applicant for his own use for the cost of his acquisition. 9)
Final provision
The flood area established under this decree is the basis for the creation of a thematic layer of flood areas above the basic base of the geographical data of the Czech Republic and for the creation of a map of flood territories of the Czech Republic 1: 10 000 as part of the information system of public administration pursuant to § 22 (4) of the Water Act.
Efficacy
This decree shall take effect 30 days after the date of its publication.
Minister:
RNDr. Kužvart v. r.
1) Paragraph 139a (2) of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended by Act No. 83 / 1998 Coll.
2) Article 139a (3) of Act No. 50 / 1976 Coll., as amended by Act No. 83 / 1998 Coll.
3) ČSN 75 14 00 Hydrological data of surface water.
4) Government Decree No. 116 / 1995 Coll., establishing geodetic reference systems, state map works binding throughout the country and the principles of their use.
5) § 3a (d) of Act No. 359 / 1992 Coll., on Geographic and Catastral Bodies, as amended by Act No. 107 / 1994 Coll.
6) Act No. 365 / 2000 Coll., on Information Systems of Public Administration and on the amendment of certain other laws.
7) Act No. 240 / 2000 Coll., on Crisis Management and on the amendment of certain laws (Crisis Act).
8) ČSN P ENV 12 661 Geographic information - Expression of spatial references - Geographic identifiers.
9) Act No. 123 / 1998 Coll., on the right to environmental information, as amended by Act No. 132 / 2000 Coll.
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Regulation Information
| Citation | Decree of the Ministry of the Environment No. 236 / 2002 Coll., on the method and extent of processing of design and setting of flood areas |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.06.2002 |
|---|---|
| Effective from | 10.07.2002 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Administrative law
Water, Water management
The regulation text is for informational purposes only.
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