Water Risk and Urban Planning: A Confused Complementarity

Abstract

Objective

The Royal Decree 638/2016 by which the Regulation of the Public Hydraulic Domain is modified has given rise to a new and unusual scenario in which the determinations of the risk cartography impact on the urban planning, in such a way that the same plot can be subject to two different and mismatched regimes. Frequently the urbanistic parameters will be altered by the obligatory application of the risk maps of the National System of Floodplain Cartography.

Methodology

Conceptually, the work is inserted in the Directives of the European Union whose purpose is to evaluate, plan and reduce the risk of flooding in Europe. The methodology used has as its starting point the peculiar effects that derive from the application of Royal Decree 638/2016, descending from the general levels to the concrete level of a certain assumption in which the verisimilitude of the conceptual discourse is verified.

Conclusions

From the confused panorama to which it occurs, there is a distinction between insecurity for the operator, possible arbitrariness in decisions, impossible compliance with the parameters of zoning in frequent cases, the right to compensation for damages caused, and liability administrative.

Originality

In the route taken by the bibliography there are abundant studies on the risk of flooding and its consequences. None has been found on the application of Royal Decree 638/2016, so it is deduced that this is the first work carried out on the subject.