(A) Removal of areas from the floodplain. The floodplain designation on the official zoning map shall not be removed from floodplain areas unless it can be shown that the designation is in error, or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if the Commissioner determines that, through other measures, lands are adequately protected for the intended use.
(B) Amendments require approval in advance by the Commissioner of the Department of Natural Resources and FEMA. All amendments to this chapter, including amendments to the official zoning map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the official zoning map must meet the FEMA’s technical conditions and criteria, and must receive prior FEMA approval before adoption.
(C) Notice of hearing provided to the Commissioner of the Department of Natural Resources. The Commissioner of Natural Resources must be given ten days’ written notice of all public meetings to consider an amendment to this chapter. The notice shall include a draft of the amendment or technical study under consideration.
(Ord. 927, passed 10-27-11)