Centre pushes for mandatory floodplain zoning law as only 4 states comply

New Delhi: The Centre is planning to make it mandatory for states to enact floodplain zoning legislation if they want to access central flood management funds.

The Jal Shakti Ministry has proposed making the enactment of the Flood Plain Zoning Act a prerequisite for states to access funds under the Flood Management and Border Areas Programme (FMBAP).

Recently, the Central Water Commission updated the Model Act, and the ministry plans to initiate another round of consultations with states, the official in the Jal Shakti Ministry said.

The legislation provided guidelines for flood zoning authorities, surveys, delineation of flood plain areas, notification of flood plain limits, restrictions on flood plain use, and provisions for compensation and removal of obstructions.

Despite these comprehensive guidelines, many states are yet to take significant steps towards legislation and enforcement, the official said, adding that only four states such as Manipur, Rajasthan, Uttarakhand, and the erstwhile Jammu & Kashmir, have enacted such legislations.

A senior official said the Ministry of Jal Shakti has been in continuous communication with state governments, urging them to notify the Flood Plain Zoning Act and demarcate flood zones.

Since water management, including flood management, is a state subject under the Constitution, the Jal Shakti Ministry in May 2022, wrote to state Chief Secretaries, urging them to enact appropriate legislation. In a meeting in January 2023, the Secretary emphasized the importance of flood plain zoning for comprehensive flood management and minimizing flood damage," the official added.

"We are going for a Cabinet approval for the next phase of the Flood Management and Border Areas Programme. For that, now the condition for any State to access resources under the FMBAP will be that the state must have enacted the Flood Plain Zoning Act. So, you will not get money if you have not enacted the Flood Plain Zoning Act," the official said.

Common constraints given by the states are -- issue of evacuation of people who are already occupying the floodplains, lack of alternative settlement due to constraints of flood, non-availability of high-resolution Digital Elevation Model (DEM) for flood prone assessment studies and a lack of clarity on proper definition of flood plain.