PART 3FLOOD HAZARD MAPS AND FLOOD RISK MAPS
Duty to prepare flood hazard maps and flood risk maps: Environment Agency18
The Environment Agency must prepare in relation to each flood risk area identified by it under regulation 13—
a
a flood hazard map relating to the risk of flooding from—
i
the sea,
ii
main rivers, and
iii
reservoirs, and
b
a flood risk map.
Duty to prepare flood hazard maps and flood risk maps: lead local flood authorities19
1
A lead local flood authority must prepare in relation to each relevant flood risk area—
a
a flood hazard map, and
b
a flood risk map.
2
“Relevant flood risk area” means—
a
the flood risk area identified by the lead local flood authority under regulation 14(1), or
b
if a referral is made to the Minister, the flood risk area determined by the Minister under regulation 14(6).
3
A lead local authority is not required to include in the maps that it prepares information about flooding from a source mentioned in regulation 18(1)(a) unless the authority thinks that it may affect flooding from another source.
4
The Environment Agency—
a
must review flood hazard maps and flood risk maps prepared under this regulation, and
b
may recommend modifications.
5
Following a review, a lead local flood authority may revise its flood hazard map or flood risk map.
6
The Agency’s power to require information under regulation 36 includes power to require a lead local flood authority to provide a flood hazard map or a flood risk map by a specified date.
Flood hazard maps20
1
A flood hazard map is a map which identifies flood risk areas and shows—
a
the likely extent (including water level or depth) of possible floods,
b
the likely direction and speed of flow of possible floods, and
c
whether the probability of each possible flood occurring is low, medium or high (in the opinion of the person preparing the map).
2
The floods to be included are those for which a significant flood risk has been identified under regulation 13 or 14.
3
But the following may be ignored—
a
a medium or high probability flood caused only by groundwater,
b
a medium or high probability flood which would affect only an area of coastline that, in the opinion of the person preparing the map, is adequately protected against flooding.
4
In paragraph (3) “groundwater” means water which is below the surface of the ground and in direct contact with the ground or subsoil.
5
For the purposes of this regulation—
a
the probability of a flood occurring is low if the chances of it occurring in any 12 month period are 0.1% or less,
b
the probability of a flood occurring is medium if the chances of it occurring in any 12 month period are more than 0.1% but not more than 1%, and
c
the probability of a flood occurring is high if the chances of it occurring in any 12 month period are more than 1%.
6
The information included in a flood hazard map must not be inconsistent with the information included in the river basin management plan for the district.
7
In this regulation and regulation 21 “river basin management plan” means a river basin management plan prepared under regulation 11 of the Water Environment Regulations.
8
A lead local flood authority must have regard to any guidance issued by the Environment Agency about the form of flood hazard maps.
Flood risk maps21
1
A flood risk map is a map showing in relation to each flood risk—
a
the number of people living in the area who are likely to be affected in the event of flooding,
b
the type of economic activity likely to be affected in the event of flooding,
c
any industrial activities in the area that may increase the risk of pollution in the event of flooding,
d
any relevant protected areas that may be affected in the event of flooding,
e
any areas of water subject to specified measures or protection for the purpose of maintaining the water quality that may be affected in the event of flooding, and
f
any other effect on—
i
human health,
ii
economic activity, or
iii
the environment (including cultural heritage).
2
“Relevant protected area” means an area—
a
that is a protected area within regulation 8(2)(a) or (b)(ii) or (iv) of the Water Environment Regulations, and
b
that is registered under regulation 8(1) of those regulations.
3
The information included in a flood risk map must not be inconsistent with the information included in the river basin management plan for the district.
4
A lead local flood authority must have regard to any guidance issued by the Environment Agency about the form of flood risk maps.
Publication22
1
The Environment Agency must publish the flood hazard maps and flood risk maps prepared by the Agency and the lead local flood authorities for each river basin district.
2
The first flood hazard maps and the first flood risk maps for each river basin district must be published before 22nd December 2013.
Review: Environment Agency23
1
The Environment Agency must review each flood hazard map and each flood risk map prepared by it under regulation 18.
2
Following a review, the Agency may prepare—
a
a revised flood hazard map;
b
a revised flood risk map.
3
The first review must be completed before 22nd December 2019.
4
Subsequent reviews must be carried out at intervals of no more than 6 years.
5
The Agency must, so far as is reasonably practicable, co-ordinate a review under this regulation with a review of a river basin district under regulation 5(2) of the Water Environment Regulations.
Review: lead local flood authorities24
1
A lead local flood authority must review each flood hazard map and each flood risk map prepared by it under regulation 19.
2
Following a review, a lead local flood authority may prepare—
a
a revised flood hazard map;
b
a revised flood risk map.
3
The first review must be completed before 22nd June 2019.
4
Subsequent reviews must be carried out at intervals of no more than 6 years.
5
Regulation 19 applies in relation to a review of a flood hazard and flood risk map as it applies to the first such map.