145. Regulation of the Federal Minister for agriculture and forestry, environment and water management on the danger zone planning under the water rights Act 1959 (WRG danger zone planning regulation WRG-GZPV)
As a result of section 42a, paragraph 2 and 3 of the water law of 1959 (WRG 1959), BGBl. No. 215, last amended by Federal Law Gazette I no. 98/2013, is prescribed:
§ 1. The aim of this regulation is to set content, form and design of danger zone plans.
Definition and purpose the danger zone planning
2. (1) danger zone plans are expert opinion, where floodplains, in particular with regard to
1. the risk and the expected damage by flood, as well as 2 of their functions for the a) flood runoff, b) the flood retention and c) be assessed for purposes of subsequent protection water management measures.
(2) serve danger zone planning
1. inform of the public about the dangers of flood and 2 as the basis for a) the planning and implementation of water protection measures, b) the creation of regional programmes (section 42a, paragraph 2 No. 2 in conjunction with § 55 g 1 Z 1 Water Act 1959 (WRG 1959), BGBl. No. 215, as last amended by Federal Law Gazette I no. 98/2013 c) creating , Review and any updating of aa) flood hazard maps and flood risk maps (§ 55 k WRG 1959) and bb) flood risk management plans (article 55 l WRG 1959).
(3) in addition, the danger zone plans to create, are that she as a basis for planning, who in 1959 established water management purposes one of the to achieve in article 42a par. 3 No. 1 and 2 hrs contribution afford, are suitable. This concerns in particular plans in the areas of spatial planning, civil engineering, as well as civil protection relating to evacuations, measures serving traffic restrictions or other secure from flood dangers.
Scope of the regulation
3. (1) this Regulation applies to the danger area planning for
1. areas with potential significant flood risk, and 2 all other areas of flood risk, where these plans to reduce flood-related adverse effects are required.
(2) this Regulation applies to areas referred to in paragraph 1, in which planning, at the time of entry into force of the amendment to the WRG 2011, Federal Law Gazette I 14/2011 completed or in development were no., insofar, as these plans are not equivalent to the danger area planning. The provisions on the review (section 11) shall apply without prejudice to the generally planning. The documents to already existing plans, which are equivalent to the danger area planning, the Governor has the Federal Ministry of agriculture and forestry to provide environmental and water management at the latest one year after the entry into force of this regulation.
(3) this regulation does not apply to the areas referred to in paragraph 1, for which is a flood protection which corresponds to the objectives laid down in the flood risk management plan for flood risk management. If however, the periodic review of the preliminary assessment of flood risk (section 55i para 4 WRG 1959) is that this level of protection is no longer guaranteed, are for such areas of danger zone plans according to the provisions of this regulation.
(4) this regulation takes on danger zone plans in areas referred to in paragraph 1 on the basis of § 11 forestry Act 1975, BGBl. No. 440 in conjunction with the Ordinance on the hazard zone plans, Federal Law Gazette No. 436/1976, were created, as far as application, as the expulsion contained therein that § 8 and 10 corresponding statements meet the section as additional information in the presentations and to include descriptions in accordance with § 7 par. 2 and 3.
(5) in the flood risk management plan (§ 55 l WRG 1959) shall be determined, taking into consideration the there set reasonable objectives for the flood risk management to designate those areas, to create what danger zone plans are, the precedence of establishing the danger zone plans. Creating the danger zone planning for areas for which existing, current plans (drainage investigations) are available, all three scenarios according to § 55 k para 2 hrs 1959 cover and whose working precision corresponds to a scale of 1:5 000 or, more precisely, has until the end of the second review and updating of the flood risk management plan (§ 55 l para 7 WRG 1959) to be carried out. For all other areas, creating the danger zone planning has to first review and update of flood hazard maps and flood risk maps (§ 55 k para 6 WRG 1959) no later than in justified cases up to the end of the first review and updated of the flood risk management plan (§ 55 l para 7 WRG 1959) to be carried out. Until the enactment of the first flood risk management plan or if urgent technical reasons arising after the adoption of the flood risk management plan, areas in which danger zone plans are to create, can be selected.
4. (1) as a basis for the subsequent planning steps (sections 5 and 6) are to raise the planning basis for the considered waters and their catchment areas. This survey shall cover in particular:
1. the exploration of topographic, hydrologic, sedimentologischen and morphological conditions, as well as the anthropogenic influences in the examined catchment area and 2. a collection of achievable with reasonable effort information about frequency, extent and adverse effects of previous flood events in the examined catchment area with particular attention to the flood processes it occurred.
The surveys referred to in no. 1 and no. 2 are also the competent departments of the forestry service for torrent and avalanche control to include, as far as information from danger zone plans pursuant to § 11 of the forestry law in 1975 for plans under this regulation are of importance.
(2) in the case of the survey the results of the preliminary assessment of flood risk (§ 55i WRG 1959), and will be in the flood hazard maps, the flood risk maps (§ 55 k WRG 1959) and danger zone plans in accordance with § 11 of the forestry law to take into account information contained in 1975.
Characteristic flood processes for low, medium and high probability floods are § 5 (1) on the basis of the collected planning basics for the considered catchment area (scenarios according to § 55 k para 2 hrs 1959) to determine. Here also the resulting solids processes and water morphological processes in accordance with the characteristics of the water and the watershed must be considered in addition to hydraulic drainage operations.
(2) a design event includes all characteristic flood processes, can be associated with same probability.
(3) for the characteristic flood processes, floodplains flood attack lines, water depth and, as far as technical standards at reasonable cost are possible to determine flow velocities, as well as other assessment information required pursuant to section 6. For each design event (para. 2) the greatest area extent of floodplains with flood attack lines, the biggest water depth and, where appropriate, the highest flow rate are under consideration of all characteristic flood processes to represent.
The flooding surfaces
§ 6 building is an evaluation of the surfaces on the results of the runoff investigations on the basis of the criteria laid down in articles 8, 9 and 10 and design events
1. According to their risk and prospective damage (danger zones and zones in accordance with § 9), as well as 2nd after the effect for the flood discharge, the flood retention and for purposes of subsequent protection water management measures (functional areas) to make. This review is in the textual part of the danger zone plans to establish (§ 7 para 3).
Part of the danger zone planning
§ 7 (1) danger zone plans have a cartographic, a textual and a data part. You're in digital, to provide, if necessary, also in analog form.
(2) the Cartographic Section has to contain:
1. a general map, a) which shows the editing area, the catchment areas and water as well as the kind of relevant flood processes and b) on a scale of 1: 50,000 or more on a suitable cartographic base, an aerial or a photographic interpretation created is;
2. a representation of floodplains (flood stop lines), water depths and, where appropriate, flow velocities and other information required for the assessment for the rated events pursuant to § 5 para 2 on a suitable cartographic base on a scale of 1:5 000 or more;
3. a representation of the zones and areas, their expelling is provided in sections 8, 9 and 10, on a suitable cartographic base on a scale of 1:5 000 or more;
4. If necessary, representations of a) special hazards and b) facts that are essential for flood risk management measures.
(3) the textual part has to contain:
1. the description and assessment of the planning;
the description of the methodology and the results of the investigation of the outflow;
3. Description and justification of the expulsion of the danger zones, according to § 9 and functional areas;
4. where applicable, the description of a) special hazards and b) facts that are essential for flood risk management measures, as well as 5 if necessary, instructions for planning in the sense of § 2 para 3.
(4) the data part has the digital data (used models, model results, maps, texts) the planning of drainage investigations and the land expulsions to contain.
Section 8 (1) as red danger zones are to point out those areas, medium probability assessment events certain through according to § 5 para 2 are so at risk that their constant use for settlement and traffic purposes due to the expected damage effects not or only with disproportionately high costs is possible. As red danger zones the river bed and the following areas are in any case to expel:
1. areas of possible shore breaks, taking into account the expected to slopes, faults and surroundings including landslides it triggered, 2. areas of flooding, where the water depth and the flow conditions including the solid fabric guide risk potentials arising, 3rd is areas with surface erosion, erosion gullies formation and fixed material deposits, where human health greatly endangered or serious damage to or destruction of buildings and facilities is expected. Red danger zones can be deported to Z 1 outside of floodplains, unless this is on the basis of an assessment pursuant to section 6.
(2) as the yellow danger zones are all other rated events certain pursuant to § 5 para 2 medium probability to identify vulnerable floodplains, where different risks of lesser magnitude or restrictions of use for settlement and traffic purposes can occur or damage to buildings and transport systems are possible.
Designation of zones with a risk of low-probability
§ 9 area which through certain rated events of low probability are at risk in accordance with article 5, paragraph 2, are basically yellow shaded to represent. Such areas are located in the rest risk area in the area of flood protection facilities, where due to the flood to be reckoned with higher damage effects, they are red shaded to represent.
Expulsion of the functional areas
Functional areas are section 10 (1) assign, if in the examined catchment run-off and retention areas are important for waters due to the environmental conditions, the characteristics of the watershed and the type of river morphological waters can flow of floods, and surfaces are required for purposes of subsequent protection water management measures.
(2) red yellow shaded function areas include floodplains, the individually or as the sum
1 important for the flood discharge or 2. have a significant potential for the retention of floods or the delay of the flood outflow or 3. through their loss as a drain or retention areas increasing the flood-related damage effects can be expected.
For the evaluation of red yellow shaded areas of function are all rated events in accordance with § 5 para 2 to be used.
(3) as blue functional areas are to have surfaces, the
1. purposes later protection water management measures, for the already plans exist, are needed, 2. for the maintenance of functioning of such measures are required or 3. a special kind of management for maintaining the function of such measures require.
It must not be to flood areas.
§ 11 (1) has resulted in significant changes to the design events, the drainage conditions or characteristic flood processes pursuant to § 5 para 1 the periodic review of the preliminary assessment of flood risk (section 55i para 4 WRG 1959), the danger zone planning and the danger zone planning equivalent plans pursuant to section 3 para 2 to customize these changed conditions. To adjust danger zone plans are in the flood risk management plan, following the relevant review of the preliminary flood risk assessment (article 55 l para 7 WRG 1959) to pinpoint and to set the precedence of the adjustment.
(2) significant changes to the conditions referred to in paragraph 1 occur between the intervals for the periodic review of the preliminary flood risk assessment and it is necessary, due to the urgency of the measure was created to prevent adverse consequences of future floods the danger zone planning and the danger zone planning equivalent plans pursuant to section 3 para 2 are to adapt these changed conditions.
(3) in proceedings about adapting the danger zone planning and the danger zone planning equivalent plans pursuant to § 3 para 2, the provisions relating to the participation of the public (article 42a par. 3 hrs 1959) be applied.
(4) the Federal Minister for agriculture and forestry the Governor must inform environmental and water management on the presence of significant changes in accordance with paragraph 1 and the need for adjustments of danger zone planning in the affected catchment area.
Entry into force
§ 12. This Regulation shall enter into force the day following the announcement.
Reference to European Union law
§ 13. With this regulation, the directive is 2007/60/EC on the assessment and management of flood risks, OJ No. L 288 of November 6, 2007 p. 27, implemented.