Can a community issue a variance for a project in the floodway that increases flood heights?

The statement that a community cannot issue a variance for a project in the floodway that increases flood heights is accurate because of the critical importance of preserving floodplain functions and protecting public safety. The National Flood Insurance Program (NFIP) dictates that construction and development within a floodway must not result in any increase in flood levels during the base flood (the 100-year flood). This is essential to avoid exacerbating flooding issues upstream or downstream, which can endanger lives and property.

Variances are typically intended to allow for flexibility in adhering to certain regulations under specific circumstances; however, floodway regulations are stringent and prioritize maintaining the hydraulic capacity of the floodplain. Allowing increases in flood heights would contradict these fundamental goals, leading to potential risks for communities, infrastructure, and the environment.

The nature of floodways as areas that must remain unobstructed to allow the passage of floodwaters underpins this regulation. Hence, any variance that would lead to an increase in flood levels directly undermines the effectiveness of floodplain management requirements.