Is it likely that a new nonresidential building can be built on fill in the floodway?

Building a new nonresidential structure on fill within a floodway is generally considered problematic due to the rigorous regulations imposed by the National Flood Insurance Program (NFIP) and local floodplain management requirements. The primary concern is that fill can alter the natural flow of the floodplain and potentially increase flood risks for other properties upstream and downstream. To comply with NFIP standards, a substantial amount of evidence must be provided to demonstrate that the fill will not result in any increase in flood levels. This often requires detailed hydraulic studies and an understanding of how the fill will impact floodplain hydraulics.

As a result, demonstrating compliance becomes challenging. It is usually hard to meet the strict criteria set forth for development in floodways, ultimately making it unlikely for new constructions to be approved in these areas due to the elevated risks they pose. Therefore, without significant and convincing mitigation measures, a new nonresidential structure built on fill in a floodway faces significant hurdles in compliance, making it hard to show compliance with NFIP requirements.