145. Ordinance of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the Hazard Zone Planning in accordance with the Water Rights Act 1959 (WRG Danger Zone Planning Regulation-WRG-GZPV)

Due to § 42a (2) and (3) of the Water Rights Act 1959 (WRG 1959), BGBl. No. 215, as last amended by the Federal Law BGBl. I n ° 98/2013, shall be arranged:

Target

§ 1. The aim of this Regulation is to define the content, form and design of risk zone planning.

Definition and purpose of hazard zone planning

§ 2. (1) Risk zone planning shall be subject to expert reports in which, in particular, flood areas are

1.		the risk and the likely damage caused by floods and
2.		of their functions for
a)			Flood discharge,
b)			the retention of flood waters and
c)			for the purposes of subsequent protection measures for the protection of water
shall be assessed.

(2) Hazard Zone Planning

1.		informing the public about the risks posed by floods and floods;
2.		as a basis for
a)			the project planning and implementation of protective water management measures;
b)			the preparation of regional programmes (§ 42a para. 2 Z 2 in conjunction with § 55g paragraph 1 Z 1 of the Water Rights Act 1959 (WRG 1959), BGBl. No. 215, as last amended by the Federal Law BGBl. I No 98/2013
c)			The creation, verification and any updating of
aa)				Flood risk maps and flood risk maps (§ 55k WRG 1959) as well as
bb)				Flood risk management plans (§ 55l WRG 1959).

(3) In addition, the risk zone plans shall be drawn up in such a way that they are suitable as a basis for planning, which makes a significant contribution to the achievement of the water management purposes defined in § 42a (3) Z 1 and 2 WRG 1959. . This applies in particular to planning in the areas of spatial planning, construction and civil protection in connection with evacuations, traffic restrictions or other measures used to safeguard against flood risks.

Scope of the Regulation

§ 3. (1) This Regulation shall apply to risk-zone planning for

1.		Areas with a potential significant flood risk and
2.		all other flood risk areas where these plans are required to reduce the adverse effects of floods.

(2) This Regulation shall apply to areas referred to in paragraph 1 of this Regulation, in which plans shall be submitted at the date of the entry into force of the WFD-Novel 2011, BGBl. I n ° 14/2011 have been concluded or were drawn up in so far as these plans are not equivalent to the planning of the risk zone. Without prejudice to this, the provisions on revision (§ 11) shall apply to equivalent planning. The documents relating to existing plans, which are equivalent to the risk zone planning, shall be submitted by the Regional Governor to the Federal Minister for Agriculture, Forestry, the Environment and Water Management no later than one year after the entry into force of the Regulation to be transmitted.

(3) This Regulation shall not apply to areas referred to in paragraph 1 for which flood protection is in accordance with the flood risk management objectives set out in the flood risk management plan. However, if the periodic review of the preliminary flood risk assessment (Section 55i (4) of the WRG 1959) shows that this level of protection is no longer guaranteed, danger zones are also subject to the provisions of the provisions of the provisions of of this Regulation.

(4) This Regulation shall apply to the plans for the use of danger zones in areas referred to in paragraph 1 on the basis of Section 11 of the Forest Act 1975, BGBl. No 440 in connection with the Regulation on the Danger Zone Plans, BGBl. No 436/1976, have been drawn up to the extent that the statements contained therein, which make statements corresponding to § § 8 and 10, are to be included as additional information in the representations and descriptions in accordance with § 7 (2) and (3).

(5) In the flood risk management plan (§ 55l WRG 1959), taking into account the appropriate flood risk management targets set there, it is necessary to designate those areas for which risk zone plans are to be drawn up, as well as the areas for which the risk of flooding is to be determined. Prioritises the creation of the risk zone planning. The creation of the hazard zone planning for areas for which existing, current planning (runoff investigations) are available, covering all three scenarios in accordance with § 55k paragraph 2 WRG 1959 and their computational accuracy to a scale of 1:5 000 or more precisely, it has to be carried out by the end of the second review and update of the flood risk management plan (§ 55l paragraph 7 WRG 1959). For all other areas, the preparation of the hazard zone planning up to the first review and updating of the flood hazard maps and flood risk maps (§ 55k paragraph 6 WRG 1959) at the latest, however, has in well-founded cases until the end of the first check and update of the flood risk management plan (§ 55l paragraph 7 WRG 1959) to be carried out. Pending the release of the first flood risk management plan, or if urgent technical reasons arise following the release of the flood risk management plan, areas in which risk zone planning is to be established may be selected .

Planning bases

§ 4. (1) As a basis for the subsequent planning steps (§ § 5 and 6), the planning bases for the waters under consideration and their catchment areas are to be collected. In particular, this survey shall include:

1.		the exploration of the topographical, hydrological, sedimentological and morphological conditions as well as the anthropogenic influences in the catchment area under consideration, and
2.		a collection of the information on the frequency, extent and adverse effects of previous flood events in the catchment area under consideration, with due regard to the costs involved, with particular attention being paid to the flood processes that have occurred.
In the case of the surveys according to Z 1 and Z 2, the relevant departments of the Forestry Service for Wildbach and avalanche protection shall also be included, insofar as information from hazard zone plans in accordance with Section 11 of the Forest Law 1975 for planning according to of this Regulation.

(2) The survey shows the results of the preliminary assessment of flood risk (§ 55i WRG 1959) as well as those in the flood hazard maps, flood risk maps (§ 55k WRG 1959) and danger zone plans according to § 11 of the Forest Act 1975 shall be taken into account.

Runoff investigations

§ 5. (1) On the basis of the planning bases collected, characteristic flood processes for high water low, medium and high probability (scenarios according to § 55k paragraph 2 WRG 1959) are to be determined for the catchment area concerned. In addition to the hydraulic drainage processes, the resulting solid processes and water morphological processes are also to be taken into account according to the characteristics of the water and the catchment area.

(2) A design event shall include all characteristic flood processes that may be associated with the same probability.

(3) For the characteristic flood processes, flood areas with flood impact lines, water depths and, to the extent possible according to applicable technical standards with reasonable effort, flow rates as well as other for evaluation to determine the information required in accordance with § 6. For each measurement event (para. 2), taking into account all the characteristic flood processes, the largest surface area of the flooding areas with high-water impact lines, the largest water depth and, if necessary, the highest flow rate.

Evaluation of flood plaits

§ 6. Based on the results of the discharge investigations, an assessment of the areas is based on the criteria and assessment events set out in § § 8, 9 and 10.

1.		according to their vulnerability and probable damage (danger zones and zones according to § 9), and
2.		according to their effect for flood discharge, flood retention and for the purpose of later protection water management measures (functional areas)
, This evaluation shall be justified in the textual part of the risk zone planning (Section 7 (3)).

Components of the hazard zone planning

§ 7. (1) The risk zone planning shall consist of a cartographic, a textual and a data part. They are to be kept in digital form, if necessary also in analog form.

(2) The cartographic part has to contain:

1.		an overview map,
a)			which shows the treatment area, catchment areas and waters, as well as the nature of the relevant flood processes, and
b)			on a scale of 1:50 000 or more precisely on a suitable cartographic base, an aerial photograph or an aerial photograph;
2.		a representation of the floodplains (flood impact lines), water depths and possibly flow velocities as well as other information required for the assessment of the design events pursuant to § 5 para. 2 on a suitable cartographic base on a scale of 1:5 000 or more precisely;
3.		a representation of the zones and areas of which the designation is provided in § § 8, 9 and 10, on a suitable cartographic basis on a scale of 1:5 000 or more precisely;
4.		where appropriate representations of
a)			special hazards and
b)			the facts,
which are essential for flood risk management measures.

(3) The textual part has to contain:

1.		the description and evaluation of the planning bases;
2.		the description of the methodology and results of the discharge investigation;
3.		the description and justification of the designation of the danger zones, zones according to § 9 and functional areas;
4.		where appropriate, the description of
a)			special hazards and
b)			the facts,
which are of vital importance for flood risk management measures, and
5.		where appropriate, information for planning purposes within the meaning of section 2 (3).

(4) The data part shall contain the digital data (models used, model results, maps, texts) of the planning bases, of the runoff investigations and of the area expultions.

Designation of the danger zones

§ 8. (1) The red danger zones shall be those areas which are likely to be at risk, as defined in section 5 (2), in such a way that their permanent use for settlement and transport purposes is at risk due to the risk of the risk of a risk of the risk of a risk of the risk of a risk to the population. foreseeable damage effects are not possible or can only be carried out with disproportionately high costs. In any case, the red hazard zones shall be the waterbed and the following areas:

1.		the areas of possible upheavals, taking into account the anticipated impoverments, dislocations and relocations, including the resulting slippage,
2.		Flooded areas where the water depth and the flow conditions, including the solids management, result in hazard potential,
3.		Areas with surface erosion, erosion gland formation and solid deposits,
	in which human health is seriously endangered or which is likely to be caused by serious damage or destruction of buildings and installations. Red danger zones after Z 1 can also be expelled outside the flooded areas, provided that this is due to an evaluation according to § 6.

(2) The yellow danger zones shall be identified by any other medium-probability assessment events determined in accordance with Article 5 (2), in which there are different risks of minor proportions, or Impairments of use for settlement and transport purposes may occur or damage to construction objects and transport facilities may be possible.

Designation of zones with a risk of low probability

§ 9. Areas which are at risk of low probability by means of assessment events according to § 5 (2) shall in principle be shown in yellow hatred. If such areas are located in the residual risk area in the area of activity of flood protection systems, where higher damage effects are to be reckoned with, they are to be shown in red hatched.

Designation of functional areas

§ 10. (1) Functional areas shall be shown when, in the catchment area under consideration, drainage and retention spaces for water bodies due to the natural conditions, the characteristic of the catchment area and the river morphological water type for a In the event of a flood of flood events, it is important to ensure that the land is used for the purpose of later protection water management measures.

(2) Red-yellow shaded functional areas include flood areas, which are individually or as a sum

1.		are significant for flood discharge, or
2.		have a significant potential for retention of floods or for the delay of flood discharge, or
3.		Due to their loss as discharge or retention trees, an increase in the damage effects caused by floods is to be expected.
For the assessment of red-yellow shaded functional areas, all design events determined in accordance with § 5 (2) shall be used.

(3) The blue functional areas shall be defined as areas which:

1.		necessary for the purposes of subsequent protection measures for the protection of water, for which planning has already been carried out,
2.		necessary for the maintenance of the function of such measures, or
3.		require a special kind of management for the maintenance of the function of such measures.
It does not have to deal with flood areas.

Revision

§ 11. (1) If the periodic review of the preliminary flood risk assessment (§ 55i paragraph 4 WRG 1959) has resulted in significant changes in the design events, the drainage conditions or the characteristic flood processes in accordance with § 5 (1), the risk-zone planning and the plans equivalent to the risk-zone plans shall be adapted in accordance with the provisions of Section 3 (2) of this amended situation. The risk zone plans to be adapted should be determined in detail in the flood risk management plan (§ 55l paragraph 7 WRG 1959) following the respective review of the preliminary assessment of the flood risk (§ 55l (7) WRG 1959) and the ranking of the adjustment should be determined.

(2) There are significant changes in the conditions referred to in paragraph 1 between the intervals of the periodic review of the preliminary flood risk assessment, and it is due to the urgency of the measures to be taken to prevent the risk of flooding. According to § 3 (2), the risk zone plans and the plans equivalent to the risk zone planning must be adapted to these changed circumstances.

(3) The provisions on the participation of the public (§ 42a para. 3 WRG 1959) shall apply in the procedure for the adaptation of the risk zone planning and the plans equivalent to the risk zone planning in accordance with Section 3 (2).

(4) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has the Federal Minister for Agriculture, Forestry, Environment and Water Management on the existence of significant changes in accordance with paragraph 1 and the need for adaptation of the risk zone planning in the affected catchment area. information.

entry into force

§ 12. This Regulation shall enter into force with the day following the presentation.

Reference to Union law

§ 13. This Regulation lays down Directive 2007 /60/EC on the assessment and management of flood risks, OJ L 327, 22.12.2007, p. No. OJ L 288, 6.11.2007 p. 27.

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