Govt pushes for mandatory floodplain zoning law as only four states comply

New Delhi: In a bid to improve flood management across India, the central government is contemplating making the enactment of floodplain zoning legislation a prerequisite for states to access funds under the Flood Management and Border Areas Programme (FMBAP). This move comes as only four states have complied with repeated reminders to implement such laws, according to officials from the Ministry of Jal Shakti.

The four states that have enacted floodplain zoning legislation are Manipur, Rajasthan, Uttarakhand, and the erstwhile Jammu & Kashmir. However, even among these states, implementation remains incomplete. For instance, Manipur passed its legislation in 1978 but has yet to demarcate flood zones, while Rajasthan has not enforced its law. Uttarakhand stands out as the only state to have both enacted the law and undertaken groundwork by demarcating areas for regulated development or no development at all.

A senior official from the Ministry of Jal Shakti stated: “We are seeking Cabinet approval for the next phase of the Flood Management and Border Areas Programme.

The condition for any state to access resources under the FMBAP will be that they must have enacted the Flood Plain Zoning Act. States will not receive funds if they haven’t enacted this legislation.”

The ministry has been actively communicating with state governments, urging them to notify the Flood Plain Zoning Act and demarcate flood zones. In May 2022, the Secretary of the Department of Water Resources, River Development & Ganga Rejuvenation wrote to state Chief Secretaries, emphasising the importance of enacting appropriate legislation. This was followed by a meeting in January 2023, where the Secretary reiterated the significance of floodplain zoning for comprehensive flood management and minimising flood damage.

Despite these efforts, progress remains limited. Water management, including flood management, is a state subject under the Constitution, requiring proactive measures from individual states. The Central Water Commission has recently updated the Model Act, and the ministry plans to initiate another round of consultations with states.

The proposed legislation provides 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. However, many states have yet to take significant steps towards legislation and enforcement.

Some states have cited challenges in implementing such laws. Bihar and Uttar Pradesh, for example, have reported difficulties due to large flood-affected areas. Other common constraints include the issue of evacuating people already occupying floodplains, lack of alternative settlements, non-availability of high-resolution Digital Elevation Models for flood-prone assessment studies, and a lack of clarity on the proper definition of floodplains. In response to a National Green Tribunal order, Uttar Pradesh has conducted some floodplain demarcation. However, the overall progress across the country remains slow.

As climate change increases the frequency and severity of floods, the central government’s push for floodplain zoning legislation underscores the urgent need for better flood management practices. The proposed linkage between enacting these laws and accessing central funds may provide the necessary impetus for states to take action, potentially leading to more effective flood mitigation strategies across India.