(A) Drainage area upstream of the site is greater than one square mile.
(1) If the site is in an identified floodplain where the limits of the floodway and fringe have not yet been determined, and the drainage area upstream of the site is greater than one square mile, the Floodplain Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the State Department of Natural Resources for review and comment.
(2) No action shall be taken by the Floodplain Administrator until either a permit for construction in a floodway (including letters of authorization) or a floodplain analysis/regulatory assessment citing the 1% annual chance flood elevation and the recommended flood protection grade has been received from the State Department of Natural Resources.
(3) Once the Floodplain Administrator has received the proper permit for construction in a floodway (including letters of authorization) or floodplain analysis/regulatory assessment approving the proposed development, a floodplain development permit may be issued, provided the conditions of the floodplain development permit are not less restrictive than the conditions received from the State Department of Natural Resources and the provisions contained in §§ 153.121 through 153.128 have been met.
(B) Drainage area upstream of the site is less than one square mile.
(1) If the site is in an identified floodplain where the limits of the floodway and fringe have not yet been determined and the drainage area upstream of the site is less than one square mile, the Floodplain Administrator shall require the applicant to provide an engineering analysis showing the limits of the floodplain and 1% annual chance flood elevation for the site.
(C) No adverse effect. The total cumulative effect of the proposed development, when combined with all other existing and anticipated development shall not adversely affect the efficiency of, or unduly restrict the capacity of the floodway. This ADVERSE EFFECT is defined as an increase in the elevation of the regulatory flood of at least fifteen-hundredths of a foot as determined by comparing the regulatory flood elevation under the project condition to that under the natural or pre-floodway condition as proven with hydraulic analyses.
(Ord. 2020-7, passed 6-30-2020)