---
kind: "section"
citation: "33 C.F.R. § 385.37"
title: "33"
number: "385.37"
heading: "Flood protection."
url: "https://uscodex.org/cfr/33/385.37"
---

# §385.37. Flood protection.

- (a) **General.** In accordance with [section 601](/cfr/33/601.md) of WRDA 2000, flood protection, consistent with restoration, preservation, and protection of the natural system, is a purpose of the Plan.
- (b) **Existing flood protection.** Each Project Implementation Report shall include appropriate analyses, and consider the operational conditions included in the pre-CERP baseline developed pursuant to [§ 385.35(a)](/cfr/33/385.35.md?p=a), to demonstrate that the levels of service for flood protection that:
  - (1) Were in existence on the date of enactment of [section 601](/cfr/33/601.md) of WRDA 2000; and
  - (2) Are in accordance with applicable law, will not be reduced by implementation of the project.
- (c) **Improved and new flood protection.** The overarching objective of the Plan is the restoration, preservation, and protection of the South Florida Ecosystem while providing for other water-related needs of the region, including water supply and flood protection. As appropriate, the Corps of Engineers and the non-Federal sponsor shall consider opportunities to provide additional flood protection, consistent with restoration of the natural system, and the provisions of [section 601(f)(2)(B)](/cfr/33/601.md?p=f-2-B) of WRDA 2000 and other applicable laws.

## Notes

### Authority

Authority: Section 601, Pub. L. 106-541, 114 Stat. 2680; 10 U.S.C. 3013(g)(3); 33 U.S.C. 1 and 701; and 5 U.S.C. 301.

### Source

Source: 68 FR 64220, Nov. 12, 2003, unless otherwise noted.