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The 100-year flood, or a flood with a one percent annual chance of being equaled or exceeded, has been adopted by FEMA as the base flood for the NFIP. The water surface elevation of the base flood is known as the base flood elevation (BFE). " A floodplain development permit is required for any construction in a special flood hazard area. Special flood hazard areas are typically shown as "A zones" on flood insurance maps. 3 Floodway Encroachment on the floodplain, such as roadway fill, reduces the floodcarrying capacity, increases the flood heights of streams and increases flood hazards in areas beyond the encroachment itself.

Reasonableness is determined on a case by case basis. This case represents the first use of the Reasonable Use Rule in a decision involving MoDOT. The department can be held liable for downstream impacts. This has not been affected by the Hines Implement case. 7 Negligence and Liabil ity No hydraulic design is without risk, and some degree of risk must be accepted in the final design. However, damages that were not anticipated in the design may be viewed as due to negligence. It is appropriate to have foreseen the possibility of damage, weighed it against other factors, and accepted that risk as a proper exercise of discretionary judgment.

This case represents the first use of the Reasonable Use Rule in a decision involving MoDOT. The department can be held liable for downstream impacts. This has not been affected by the Hines Implement case. 7 Negligence and Liabil ity No hydraulic design is without risk, and some degree of risk must be accepted in the final design. However, damages that were not anticipated in the design may be viewed as due to negligence. It is appropriate to have foreseen the possibility of damage, weighed it against other factors, and accepted that risk as a proper exercise of discretionary judgment.

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