Floodway Law and Legal Definition

According to 44 CFR 9.4 [Title 44 -- Emergency Management and Assistance; Chapter I -- Federal Emergency Management Agency, Department of Homeland Security; Subchapter A -- General; Part 9 -- Floodplain Management and Protection Of Wetlands], Floodway means “that portion of the floodplain which is effective in carrying flow, within which this carrying capacity must be preserved and where the flood hazard is generally highest, i.e., where water depths and velocities are the greatest. It is that area which provides for the discharge of the base flood so the cumulative increase in water surface elevation is no more than one foot.”