Section 361.50 - Adoption, Submittal, Notifications, and Approval of Regional Flood Plans(a) The RFPGs shall approve each recommended FME, FMP, and FMS by a vote and shall adopt their draft and final RFPs by a vote and submit their final adopted RFPs to the Board every five years on a date to be determined by the EA, as modified by subsection (d)(2)(D) of this section, for approval and inclusion in the State Flood Plan.(b) The draft RFP submitted to the EA must be in the electronic and paper format specified by the EA. Each draft RFP must certify that the draft RFP is complete and adopted by the RFPG.(c) Prior to adopting a final RFP, the RFPGs shall consider the following comments in accordance with § 361.21 of this title (relating to General Notice Requirements) to include:(1) any written or oral comments received from the public on the draft RFP; and(2) the EA's written comments on the draft RFP.(d) RFPGs shall submit the draft RFP and the adopted RFPs and any subsequent amendments to approved RFPs to the EA in conformance with this section.(1) RFPs shall include:(A) The technical report and data prepared in accordance with this chapter and the EA's specifications;(B) A list of recommended FMEs, FMPs, and FMSs, with accompanying data to be used by the EA to rank each associated non-zero capital costs or other non-recurring costs in accordance with specifications and guidance to be provided by the EA;(C) An executive summary that documents key RFP findings and recommendations; and(D) In the adopted RFP, summaries of all written and oral comments received pursuant to subsection (c) of this section, with a response by the RFPG explaining how the plan was revised or why changes were not warranted in response to written comments received under subsection (c) of this section.(2) RFPGs shall submit RFPs to the EA according to the following schedule: (A) Draft RFPs are due every five years on a date disseminated by the EA unless an extension is approved, in writing, by the EA.(B) Prior to submission of the draft RFP, the RFPGs shall provide and or upload data, metadata, and all other relevant digital information supporting the plan to the Board, including to the Board's State Flood Plan Database, when available. All changes and corrections to this information must be entered into or otherwise updated in RFPG's dataset including into the Board's State Flood Plan Database, when available, prior to submittal of a final adopted RFP.(C) The RFPG shall make publicly available and transfer copies of all data, models, and reports generated by the planning process and used in developing the RFP to the EA. To the maximum extent possible, data shall be transferred in digital form according to specifications provided by the EA. One copy of all reports prepared by the RFPG shall be provided in digital format according to specifications provided by the EA. All digital mapping shall use a geographic information system according to specifications provided by the EA. The EA shall seek the input from the State Geographic Information Officer regarding specifications mentioned in this section.(D) Adopted RFPs are due to the EA every five years on a date disseminated by the EA unless, at the discretion of the EA, a time extension is granted by the EA.(E) Once approved by the Board, RFPs shall be made available on the Board website.(e) Upon receipt of an RFP adopted by the RFPG, the Board shall consider approval of such plan based on the following criteria:(1) verified adoption of the RFP by the RFPG;(2) whether the RFP satisfies the requirements for regional flood plans adopted in the guidance principles at § 361.20 of this title (relating to Guidance Principles for State and Regional Flood Planning);(3) whether the RFP adequately provides for the preservation of life and property and the development of water supply sources, where applicable; and(4) the RFP does not negatively affect a neighboring area.(f) The Board may approve an RFP only after it has determined that the RFP complies with statute and rules.(g) RFPs approved by the Board pursuant to this chapter shall be incorporated into the State Flood Plan as outlined in § 362.4 of this title (relating to State Flood Plan Guidelines).(h) The RFPGs must submit their adopted RFPs to the Board every five years on a date determined by the EA for approval and inclusion in the State Flood Plan.31 Tex. Admin. Code § 361.50
Adopted by Texas Register, Volume 45, Number 23, June 5, 2020, TexReg 3847, eff. 6/10/2020; Amended by Texas Register, Volume 48, Number 43, October 27, 2023, TexReg 6380, eff. 11/1/2023