644.018. Reasonable use defined in cases involving surface water in flood-prone areas.
Reasonable use defined in cases involving surface water inflood-prone areas.
644.018. In any contested case or judicial proceeding filed afterJanuary 1, 1998, involving surface water in any flood-prone area, if anydefendant has obtained and fully complied with a permit from a politicalsubdivision which has enacted orders or ordinances as required by theFederal Emergency Management Agency as a prerequisite to participation inthe National Flood Insurance Program, and which political subdivision hasjurisdiction, pursuant to the zoning laws of this state or the laws andregulations of the Federal Emergency Management Agency, over the area indispute, then the proper permitting and compliance with all conditions ofsuch permitting of such project shall be conclusive proof that the projectis a reasonable use and meets any reasonable-use test imposed by law or bya court.
(L. 1998 H.B. 1161)Effective 6-9-98