44 CFR Section 60.3(d)(3) states that a community shall “prohibitencroachments
, including fill, new construction
improvements, and other development within the adopted regulatory
floodway unless it has been demonstrated through hydrologic and
hydraulic analyses performed in accordance with standard engineering
practice that the proposed encroachment would not result in any
increase in flood levels within the community during the occurrence of
the base flood discharge.” In order to comply with this regulation, local
communities must obtain, review, and approve a certification to that
effect prepared by a professional engineer and supported by hydraulic
modeling. This is commonly referred to as a “No-Rise” or “No-Impact”
certification, although these terms are not interchangeable.
So, if you want to challenge the need for a "no-rise" study, you first have to show that the above law does not, in someway or another, apply to your property or proposed construction.
Given the obscure nature of this issue, to get ideas on how to challenge this, I would suggest that you first find annotated version of the code of federal regulations [usually it is a maroon colored set of encyclopedic books kept at a local county law library or law school. Look up this code section and read the case excerpts underneath the statute to see how others may have handled this issue.
If you find an angle that allows you to argue that the study should not be required for your bridge, then you can sue the agency that is requiring it in a declaratory judgment action for a court order that says the study is not necessary. The links below may help:
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