Guideline for Developments within a Floodline

March 2007
DEPARTMENT: WATER AFFAIRS AND FORESTRY
Document general reference information
Copies may be obtained from:
The Chief Directorate: Water Use
Directorate: Water Abstraction and Instream Use
Sub-Directorate: Environment and Recreation
Department of Water Affairs & Forestry
Private Bag x313
Pretoria
0001
This document is also available on www.dwaf.gov.za
TABLE OF CONTENTS
Glossary
1. Introduction
1.1. Purpose of the Document
2. Policy and Legislative Context
2.1. National Water Act (Act No 36 of 1998)
2.2. Government Notice 704, 4 June 1999, Government Gazette 20119
Regulations on use of water for mining and related activities aimed at the protection of
water resources
2.3. April 2007 EIA Regulations
2.4. Policy and guidelines for the acquisition of land rights at departmental dams
2.5. Guidelines for Health Settlements Planning and Design (Red Book).
3. Proposed DWAF Policy for Developments within the Floodline
3.1. Introduction
3.2. Alignment of Terms
3.3. Section 21 (c) and (i) Activities
4. Guidelines for Development within the Floodline
4.1. Information Requirements
4.2. Development Guidelines
Glossary
Banks “Banks” are the lateral strip of public bed situated above the low water level of a river
Beds “Bed” of a river is the land covered by water at the maximum ordinary rise
Characteristics “Characteristics” of a watercourse are the original features of the
watercourse including the bed, banks and floodplain of the watercourse.
Construction “Construction” means any activity associated with the alteration of the
landform, the installation of infrastructure, or the erections of buildings, including, but not
limited to the clearing of vegetation, moving of earth, placing of fill, excavation of trenches,
constructions of roads and erection of buildings etc.
Development “Development” means any man made change to property, including but not
limited to construction or upgrading of buildings or other structures, filling, paving etc.
Develop “Develop” means to change the designated use of the land for any purpose
including the provision of infrastructure, the construction of buildings, etc.
Fill “Fill” means the placement of fill material such as natural soil or rock, building rubble,
concrete, etc. at a specified location to bring the ground level up to a desired elevation.
Floodplain “Floodplain” means the area susceptible to inundation by the 100 year
recurrence interval flood
Original floodplain “Original floodplain” means the floodplain that would have existed prior
to the placing of any fill or the alteration of the stream channel.
Protection “Protection” in relation to a water resource, means maintenance of the quality of
the water resource to the extent that the water resource may be used in an ecologically
sustainable way, prevention of the degradation of the water resource and the rehabilitation
of the water resource.
Stormwater “Stormwater’ means water resulting from natural precipitation and or
accumulation and includes rainwater, groundwater and spring water but excludes water or
waste water reticulation system.
Riparian habitat “Riparian habitat” includes the physical structure and associated vegetation
of the areas associated with a watercourse which are commonly characterised by alluvial
soils and which are inundated or flooded to an extent and with a frequency sufficient to
support vegetation of species with a composition and physical structure distinct from those
of adjacent land areas.
Watercourse “Watercourse” means a river or spring; a natural channel in which water flows
regularly or intermittently; a wetland, lake or dam into which, or from which water flows.
Water resource “Water resource” includes a watercourse, surface water,
Wetland “Wetland” means land which is transitional between terrestrial and aquatic
systems where the water table is usually at or near the surface, or the land is periodically
covered with shallow water, and which land in normal circumstances supports or would
support vegetation typically adapted to life in saturated soil.

1. Introduction
Increasingly DWAF is requested to provide input and guidance to developments within the
1:100 year or 1:50 year floodline. Often developers are willing to take the risk of developing
within these zones without taking into account the impact on upstream and/or downstream
users, leading to increased flooding or scouring of the watercourse.
Municipalities are often left with the management of higher flood peaks and damage to
properties; infrastructure and the resource.
In addition, Developers have interpreted Section 144 of the National Water Act (Act No 36 of
1996) as merely notifying affected parties of the floodline and not as an activity under
Section 21 (i) of the said Act.
As custodian of the water resource and the Water Sector Leader, DWAF is obliged to provide
guidance to other organs of state such as municipalities to ensure the sustainable use of the
resource and to reduce the potential harm to the public and damage to property and the
resource. It is a well accepted fact that the prevention and/or control of development within
the floodplain of a watercourse is importance to ensure the following:
· Protection of the natural floodplain;
· Reduction or Mitigation of adverse impacts on the natural watercourse;
· Enhance the social, ecological and amenity value of the watercourse and its floodplain;
· Prevention of wasteful public expenditure on remedial works due to damage caused during
flood conditions;
· Minimise disaster management associated with floods; and
· Prevent the potential loss of life.

1.1. Purpose of the Document

The purpose of the guideline is to three fold namely:

· Provide a standard approach to developments within a floodplain of a
watercourse;
· Ensure that there is no misinterpretation of legislation and policies governing development
within the floodplain; and
· Provide guidance to all spheres of government on addressing developments within the
floodplain.
It is not the purpose of this guidance to indicate how floodlines should be calculated.
Floodlline calculations remain a complex study and should be left to the Engineers.

2. Policy and Legislative Context

Although it is common knowledge that development within the 1:100 year floodline should
not be allowed, this re-iterated in various Acts and policies. Below, is a summary of the
interpretation of the key issues pertaining to floodlines.

2.1. National Water Act (Act No 36 of 1998)

Section 144 of the Act states the following,
“for the purpose of ensuring that all persons who might be affected have access to
information regarding potential flood hazards, no person may establish a township unless
the layout plan shows, in a form acceptable to the local authority concerned, lines indicating
the maximum level likely to be reached by floodwaters on average once in every 100 years”.
Section 144 relates only to the establishment of a township and requires the developer to
make information regarding the location of the floodline available. It does not require the
developer to consider how downstream or upstream users will be affected by the
development. This is not seen as a shortfall of the Act as the need to consider the impact of
the development on the environmental and social environment is captured in Section 21 (i)
of the Act.
Section 21 of the Act identifies the types of water uses that need to be licensed. This
guideline is concerned only with Section 21 (i) water use which is, “altering the bed, banks or
characteristics of a water course”.
Although the characteristics of a watercourse are not defined in the Act, DWAF defines it as
the original features of the watercourse including the bed, banks and floodplain of the
watercourse. By DWAF’s understanding, any development that affects the 1:100 year flood
or even 1:50 year flood must be licensed by DWAF. According to the Act a water course
means a river or spring; a natural channel in which water flows regularly or intermittently; a
wetland, lake or dam into which, or from which water flows
2.2. Government Notice 704, 4 June 1999, Government Gazette 2019.
Regulations on use of water for mining and related activities aimed at the protection of
water resources

According to Regulation 4, no person in control of a mine or activity may –

(a) locate or place any residue, deposit, dam reservoir, together with any associated
structure or any other facility within the 1:100 year flood-line or within a horizontal distance
of 100 metres from any watercourse or estuary, borehole or well, excluding boreholes or
wells drilled specifically to monitor the pollution of groundwater, or on waterlogged ground,
or on ground likely to become waterlogged, undermined, unstable or cracked;
(b) except in relation to a matter contemplated in regulation 10, carry on any underground
or opencast mining, prospecting or any other operation or activity under or within the 1:50
year flood-line or within a horizontal distance of 100 metres from any watercourse or
estuary, whichever is the greatest.
(c) Place or dispose of any residue or substance which causes or is likely to cause pollution of
a water resource, in the workings of any underground or opencast mine excavation,
prospecting diggings, pit or any other excavation; or
(d) Use any area or locate any sanitary convenience, fuel depots, reservoir or deports for any
substance which causes or is likely to cause pollution of a water resource within the 1;50
year flood-line of any watercourse or estuary.
According to Regulation 10, additional regulations relating to winning sand and alluvial
minerals from a watercourse or estuary, no person may –
(a) extract sand, alluvial minerals or other materials from the channel of a watercourse or
estuary, unless reasonable precautions are taken to –
(i) ensure that the stability of the watercourse or estuary is not affected by such operations;
(ii) prevent scouring and erosion of the watercourse or estuary which may result from such
operations or work incidental thereto;
(iii) prevent damage to in-stream or riparian habitat through erosion, sedimentation,
alteration of vegetation or structure of the watercourse or estuary or alteration of the flow
characteristics of the watercourse or estuary; or
(b) establish any slimes dam or settling pond within the 1:50 year flood-line or within a
horizontal distance of 100 metres of any watercourse or estuary
(1) every person winning sand, alluvial minerals or other materials from the bed of a
watercourse or estuary must-
(a) construct treatment facilities to treat the water to the standards prescribed in
Government Notice No. R 991 dated 26 May 1984 as amended or by any subsequent
regulation under the Act before returning the water to the watercourse or estuary; and
(b) limit stockpiles or sand dumps established on the bank of any watercourse or estuary to
that realised in two days of production, and all other production must be stockpiled or
dumped outside of the 1:50 year flood-line or more than a horizontal distance of 100 metres
from any watercourse or estuary; and
(c) implement control measures that will prevent the pollution of any water resource by oil,
grease, fuel or chemicals.
Regulation 3, Exemption from requirements of regulations, states that the Minister may
in writing authorise an exemption from the requirements of regulations 4,5,6,7,8, 10 or 11
on his or her own initiative or on application, subject to such conditions as the Minister may
determine.

2.3. April 2007 EIA Regulations

According to Regulation 386 Section a basic assessment report must be completed for
Section 1 (m) and Section 4 activities. Where Section 1 (m) refers to the construction of
facilities or infrastructure, including associated structures or infrastructure, for any purpose
in the one in ten year floodline of a river or stream or within 32 meters from the bank of a
river or stream where the floodline is unknown, excluding purposes associated with existing
residential use but including:
(i) canals;
(ii) channels;
(iii) bridges;
(iv) dams; and
(v) weirs.
and Section (4) refers to the dredging, excavation, inflling removal or moving of soil, sand or
rock exceeding 5 cubic metres from a river, tidal lagoon, tidal river, lake, instream dam,
floodplain or wetland.
According to Regulation 387 Section 4, the extraction of peat, a full environmental impact
assessment report is required. Section 4 is applicable as peat is found in wetlands and the
extraction of peat will result in a Section 21 (i) water use licence.
The EIA Regulation introduces the need to acknowledge development in the 1:10 year flood
which is not considered in any other legislation.

2.4. Policy and guidelines for the acquisition of land rights at departmental Dams

The Policy and guidelines for the acquisition of land rights at departmental dams provides
clarity on DWAF’s requirements in terms of developments at the departmental dams. The
guideline is aimed reducing any potential harm to the public, damage of property and the
impact on the resource quality in terms of Chapter 12 of the National Water Act
(Act No 36 of 1998).

2.5. Guidelines for Health Settlements Planning and Design (Red Book).

The requirements laid down by the National Building Regulations and Building Standards Act
(Act 103 of 1977) in terms of development within the 1:100 year flood line area are based
only on safety considerations without proper consideration and understanding of the
underlying natural stream flow process. The Town Planning and Township Ordinance
(Ordinance 15 of 1986) also makes provision in Regulation 44(3) for the extension of flood
line areas.
Policy and Guidelines for Developments within Floodlines
Edition 1 Page 8 October 2007

3. Proposed DWAF Policy for Developments within the Floodline

3.1. Introduction
DWAFs has a policy of no developments within the 1:100 year floodline should be allowed.
This position is informed by the legislation administered by DWAF which clearly places the
mandate for the protection of the watercourse with DWAF.

3.2. Alignment of Terms

Currently, there appears to be different terminology, understanding and implementation of
issues pertaining to developments within the floodplain. The intention of this guideline to
present a standard approach across the country. This approach will result in less confusion
for the developers.

3.3. Section 21 (c) and (i) Activities

The policy of the Department with regard to development within flood lines is as follows:
Development within floodlines is strictly controlled as section 21(c) and (i) water uses. In all
cases where developments are proposed inside the floodlines, the developer is responsible
for a thorough investigation of all effect the development may have on the natural, social or
economic environment.
No developments of any type shall be authorised within the original floodplain below the
RMF line if it results in rising of water levels sufficient to have an adverse impact on adjacent
properties. Buffer zones of 20m should be provided between the 1:100 year flood line area
and any proposed development, to ensure that no development has a direct impact on the
natural flow of rivers and streams. No earthworks are allowed within the buffer zone or any
development.
Where the 1:100 year flood line and the buffer strip is not sufficient to cover areas
frequently inundated by stream flow, additional land should be excluded from development
to ensure that the stream and its natural processes are not directly impacted upon by a
single development, to the detriment of all other developments upstream or downstream.
Where properties are severely impacted upon by flood lines, buffer zones and wetland areas
should not be modified to increase the development area.
Types of developments that will be considered within the different zones of the original
floodlines are as follow (the restrictions at any level apply to all levels below)
(i) 100 year to Regional Maximum Flood
Any structure provided:
a. the risk is pointed out to occupants
b. adequate escape routes exist
(ii) 50 year to 100 year floodlines
a. No structure that results in a loss of flood storage from the system
b. No fill, dykes, levees or berms intended to restrict the area of
floodplain inundated
c. No structure that has not been designed by a structural engineer to withstand the
floodwater load
d. No ground floor in which people sleep at night
e. No sewer lines
(iii) 20 year to 50 year floodline
a. No permanent structures except bridges (this includes swimming pools, tennis courts,
brickwork gazebos)
b. Temporary structures that do not interfere with the function of the floodplain as an
ecological corridor.
(iv) 10 year to 20 year floodline
a. Only ground level modifications that do not reduce the permeability of the floodplain soils
(v) Below the 10 year floodline a. approved water abstraction facilities
b. landscaping with very minor earthworks and planting with locally indigenous riparian
vegetation only
4. Guidelines for Development within the Floodline

4.1. Information Requirements

Any proposal for development in the proximity of a watercourse shall contain an accurate
floodline plan and technical report reflecting
· The boundaries of all wetlands and the edges of all watercourses.
· The edge of the existing and original floodlines for the following recurrence intervals, 5, 10,
20, 100 years and Regional Maximum Flood
Drawings showing floodlines for proposed developments shall be accompanied by a
technical report containing the following information:
i. the name and technical competency of the certifying Engineer
ii. details of the hydrological calculations including the methods used, the peak flood
discharges as calculated by each method with a comparative plot on Gumbel paper and the
final design discharges used to determine the floodlines. Proportions of the RMF and where
applicable the Standard Design Flood shall be included in the methods used to compute the
design discharges.
iii. Details of the hydraulic calculations including a description of the method and software
used, the locations of the cross sections used to compute the profile and the control levels
and the hydraulic roughness at each section
iv. The calculations results shall show for each section and each design discharge:
1. the computed water surface elevation;
2. the computed energy line elevation
3. the distribution of discharges between the overbanks and the main channel
4. the average channel and overbank flow velocities
5. the energy slope
6. the Froude Number
v. if supercritical flow is expected to occur and to prevail during flood conditions the position
of all hydraulic jumps shall be shown, and the floodlines for conjugate depths shall be
indicated for the super critical reaches
· The stormwater management plan, containing the following:
i. A description of the calculation methods used
Pre-development
ii. A description of the topography, vegetation, soils and anything else that may influence
stormwater runoff;
iii. Calculation of the critical storm duration using at least 2 methods one of which shall be
the kinematic equation
iv. Stormwater runoff peak discharges and hydrographs for the critical storm duration for
the 2, 5, 10, 20, 50 and 100 year recurrence interval events
Post-development
v. A description of the stormwater management techniques to be implemented on the site,
including information on the maintenance requirements, probability and consequences of
failure
vi. Effective stormwater management dissipates the energy of stormwater discharges and
reduces potential for scouring and erosion.
vii. Stormwater runoff peak discharges and hydrographs for the range of storm durations for
the 2, 5, 10, 20, 50 and 100 year recurrence interval events. These calculations shall identify
the critical duration storm for each recurrence interval and indicate the change from the
predevelopment condition.
· The incremental effect of the development on a rare event such as the Regional Maximum
Flood must be quantified
· The developer is responsible to communicate all possible effects to all likely stakeholders,
to seek their approval and co-operation.