Risk areas outside flooding areas (Section 78 b WHG)

These are areas where a significant flood risk has been identified in accordance with Section 78b of the WHG and which can be flooded with low probability [HQextrem] beyond the fixed or provisionally secured flooding area. The state of the basics used can be found in the attribute table. The situation and legal liability are derived from the data for risk areas of the HQextrem 2nd. Cycle (2019) of the Flood Risk Management Directive (HWRM-RL) as well as the current information for defined flood zones and provisional safeguards.§ 78b WHG Risk Areas outside flooding areas (version according to amendment by Flood Protection Act II)(1) Risk areas outside flooding areas are areas for which hazard maps are to be drawn up in accordance with § 74(2) and which are not defined as flood zones in accordance with Section 76(2) or paragraph 3 or are provisionally secured; this does not apply to areas that are predominantly influenced by the tides, unless otherwise specified by state law. For risk areas outside flooding areas, the following shall apply: 1. In the designation of new building areas in the outdoor area and when establishing, amending or supplementing construction plans for areas to be assessed in accordance with Section 30(1) and (2) or § 34 of the Building Code, in particular the protection of life and health and the avoidance of significant material damage must be taken into account in the weighing up in accordance with § 1(7) of the Building Code; this shall apply mutatis mutandis to articles of association pursuant to § 34(4) and § 35(6) of the Building Code;2. Outside the areas specified in point 1, construction facilities shall only be constructed or substantially expanded in accordance with the generally accepted rules of technology, adapted to the respective flood risk, insofar as such construction is technically possible according to the type and function of the installation; the construction requirements should also take due account of the location of the land concerned and the amount of possible damage.(2) Further legislation of the Länder remains unaffected.This data is also available in the INSPIRE data model “Annex 3: Areas with natural risks”. The provision is made via the Federal Institute for Water Studies (BfG) via presentation and download service, the URLs of which are specified in the transfer options.