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CITY ATTORNEY — CIVIL DEPARTMENT <br /> Bert Teitzel <br /> July 1, 1986 <br /> Page 4 <br /> • <br /> created by the West Amazon Channel. Improved properties within <br /> that floodplain would be a continuing potential liability until <br /> the problem is alleviated. With regard to presently undeveloped <br /> land within the floodplain, the City may impose development <br /> restrictions that would prevent or minimize flooding potential. <br /> For example, restrictions such as dikes and minimum elevations to <br /> minimize the damage if a flood does occur. The City zoning ordi- <br /> nance does authorize imposition of a flood hazard (FH) sub- <br /> district (see EC § 9.268(d)), which then allows for imposition of <br /> these kinds of development restrictions (see EC § 9.606(1)) . <br /> Even without a FH designation, EC S 9.607 gives the city engineer <br /> authority over "all floodway development." <br /> Conclusion. The present situation presents a risk of <br /> liability to the City. Reasonable development restrictions that <br /> are designed to minimize or avoid potential flooding would pro- <br /> bably be upheld. To the extent the City wants to avoid the <br /> cost of substantial channel improvements, it may want to invesi- <br /> gate the possibility of imposing restrictions on further develop- <br /> ment. <br /> If you have any specific questions, please do not hesitate <br /> to inquire. <br /> HARRANG, LONG, WATKINSON & ARNOLD, P.C. <br /> City Att•rneys <br /> By: k Arno dr <br /> TI oth %. Syl ester <br /> TAS /dch <br />