(A) The Board is authorized, but is not required, to classify certain geographical areas as impacted drainage areas and to enact and promulgate regulations for land alteration in impacted drainage areas, in addition to regulations which are applicable generally. Such classifications and regulations may be later modified or rescinded by the Board.
(B) Action of the Board to classify or declassify any area as an impacted drainage area, or to promulgate, repeal or modify any regulation in regard thereto, shall be in compliance with the requirements of state statute, regarding promulgation, repeal and modification of regulations generally.
(C) In determining impacted drainage areas, the Board shall consider such factors as topography, soil type and distance from adequate drainage facilities. The following areas shall be designated as impacted drainage areas, unless good reason for not including them is presented to the Board:
(1) A floodway or floodplain designated by the zoning regulations or the flood hazard areas regulations;
(2) Land within 75 feet of each bank of any legal drain;
(3) Land within 50 feet of each bank of a natural drainage way, including a river, stream, gully, ditch or other definite natural watercourse; and
(4) Land where there is not an adequate outlet, taking into consideration the capacity of depth of the outlet.
(D) A map identifying individual impacted drainage areas shall be retained in the office of the Board, and shall be made conveniently available to members of the public during regular business hours.
(1991 Code, § 134.18)