Section R8-2-314. Mitigation of Future Damages or Improvements by the Applicant  


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  • A.      The applicant shall comply with any mitigation requirements specified by the Director for repair or replacement projects subject to repeated damage from flooding or other threats to life or property.

    B.       The applicant shall identify and request cost effective mitiga- tion opportunities for the damaged element of the facility that would mitigate future impact from a similar event.

    C.      With approval by the Director, the applicant may restore pre- disaster function and make improvements for which the appli- cant is financially responsible. Claims against the Fund are limited to the State share for the project estimate for the repairs necessary to return the facility to the condition it was before the emergency. A written request for improvements is to be submitted as soon as possible following receipt of approved project which will include a statement recognizing financial responsibility for the improvements.

Historical Note

Adopted effective September 18, 1996 (Supp. 96-3). Amended by exempt rulemaking at 19 A.A.R. 4216, effective December 1, 2013 (Supp 13-4).