Sec 37-323. Permission required for construction on floodplains; criteria

A. A lessee, permittee or other person having a legal interest in state lands located in a floodplain as defined in section 48-3601 other than a holder of a certificate of purchase shall not construct or make improvements or any other development upon the lands without obtaining the written permission of the department.

B. The department may grant permission for any proposed construction, improvement or development under this section after consideration of the following:

1. The value of the construction, improvement or development to this state if this state were required to purchase it.

2. The effect the construction, improvement or development would have on other landowners or land occupiers.

3. Whether the proposed construction, improvement or development is in compliance with local floodplain regulations promulgated under title 48, chapter 21, article 1.

4. Whether the proposed construction, improvement or development is consistent with local floodplain management goals.

5. The requirements for lands held in trust by this state.

6. Possible construction, improvements or development as an alternative to that proposed.

7. Any other reasonable and relevant criteria determined by the department.