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58:16A-55 - Land in designated floodway;  rules, regulations and orders concerning development and use;  waiver

58:16A-55.  Land in designated floodway;  rules, regulations and orders concerning development and use;  waiver
    (a) The department is authorized to adopt, amend and repeal rules and regulations and to issue orders concerning the development and use of land in any delineated floodway which shall be designed to preserve its flood carrying capacity and to minimize the threat to the public safety, health and general welfare.  Such rules and regulations or orders may require the approval of the department for specified changes in the use of land within any such floodway.    (b) Provision shall be made by the department for the waiver, according to definite criteria, of strict compliance with the rules and regulations, where necessary to alleviate hardship.     L.1972, c. 185, s. 4, eff. Dec. 14, 1972.  Amended by L.1979, c. 359, s. 5, eff. Jan. 31, 1980.
 

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