Section 455-1-005 - Minimum Standards Governing Location of Obstructions and Substantial Improvements in Floodways The following minimum standards shall apply in addition to those in Section 004 when adequate data and other information are available to determine the location of a floodway and when an obstruction is to be located or substantially improved within that floodway. In the event of a conflict between the following minimum standards and those in Section 004, the following minimum standards shall govern.
005.01 No new construction, substantial improvements, or other obstruction (including fill) shall be permitted within the floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed new construction would not result in any increase in water surface elevations along the floodway profile during the occurrence of the base flood.005.02 New structures for human habitation shall be prohibited. New structures intended for other types of human occupancy on a regular basis shall also be prohibited unless the functions of the structure are water dependent and cannot reasonably be fulfilled at an alternate location outside the floodway.455 Neb. Admin. Code, ch. 1, § 005