SECTION:
9-17-1: General Provisions
9-17-2: Purpose
9-17-3: Establishment Of Floodplain Overlay And Riparian Setback Districts
9-17-4: Warning And Disclaimer Of Liability
9-17-5: Definitions
9-17-6: Floodway And Floodplain Subdistrict Use Regulations
9-17-7: Riparian Setback District Use Regulations
9-17-8: Categorical Exclusions
9-17-9: Conditional Use Permit Procedure
9-17-10: Nonconforming Structures And Uses In Floodplain Overlay And Riparian Setback Districts
9-17-11: Stream Alteration Permit Procedure
9-17-12: Variances
9-17-13: Violations And Enforcement
A. Importance To County: The rivers and creeks of the County are important to its citizens as a source of recreation, fish and wildlife habitat, aesthetic beauty, a source of irrigation water for the farmlands as well as other economic and lifestyle values.
B. Flood Losses Resulting From Periodic Inundation: The flood hazard areas of the County are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
C. General Causes Of These Flood Losses: These flood losses are increased by:
1. The cumulative effect of obstructions and constriction to flood heights and velocities;
2. Development within flood hazard areas which are vulnerable to floods or hazardous to other lands;
3. The removal of riparian vegetation.
D. Methods Used To Analyze Flood Hazard: The studies listed below are hereby adopted as the primary sources of flood hazard analysis:
1. The special flood hazard areas identified by the Federal Insurance Administrator in a scientific and engineering report titled “The Flood Insurance Study (FIS) for Blaine County, Idaho and Incorporated Areas” dated November 26, 2010, with accompanying flood insurance rate maps (FIRM), and other supporting data, are adopted by reference and declared a part of this chapter. The FIS and the FIRM are on file at the Land Use and Building Services Office located at 219 First Avenue South, Suite 208, Hailey, Idaho.
2. Flood hazard analysis sources as determined by the Blaine County Engineer, Floodplain Manager, or other expert hired by the County and the Administrator to be the best available information.
E. Statutory Authority: The Legislature of the State of Idaho in Idaho Code 46-1020 through 46-1024, authorized local government units to adopt a floodplain map and floodplain management ordinance that identifies floodplains and that sets forth minimum development requirements in floodplains that are designed to promote the public health, safety, and general welfare of its citizenry.
F. Compliance: This chapter shall not in any way impair/remove the necessity of compliance with any other applicable local laws, ordinances, or regulations. Where this chapter imposes a greater restriction, the provisions of this chapter shall apply.
G. Documents Kept By County: All permit applications, plans and certifications required through this chapter shall be obtained and maintained by the County for public inspection and made available as needed.
H. Filing Fees: Those applications referred to in this chapter may have a fee established for the processing of the application. The fees shall be paid to the County and deposited with the Administrator. No action can be taken on an application until all applicable fees have been paid in full. Fees shall be established by resolution passed and adopted by the County Board of Commissioners and shall take effect on the date of publication. (Ord. 2010-08, 11-16-2010; amd. Ord. 2010-13, 1-18-2011; Ord. 2019-02, 1-8-2019; Ord. 2021-12, 7-20-2021)
The standards and mechanisms established herein are intended to protect floodplain and riparian areas in the County. The Floodplain Overlay and Riparian Setback Districts restrict or prohibit uses which endanger health, safety or property during flood events, or result in environmental damage and increased flood heights and velocities. By regulating development and alterations to floodplains and riparian areas this chapter seeks to:
A. Protect members of the public and public resources and facilities from injury, loss of life, property damage or financial losses due to flooding or erosion;
B. Protect and restore unique, fragile and valuable elements of floodplain and riparian areas including wildlife habitat;
C. Mitigate avoidable impacts to aquatic systems by regulating alterations in and adjacent to riparian areas;
D. Prevent cumulative adverse environmental impacts to water availability, water quality, wetlands and streams;
E. Augment the requirements of the National Flood Insurance Program (NFIP) and maintain the County as an eligible community for Federal flood insurance benefits;
F. Alert members of the public, such as appraisers, owners, real estate companies, individuals, potential buyers or lessees, to the development limitations of riparian areas and floodplains;
G. Provide County officials with sufficient information to protect floodplains, watercourses and riparian areas;
H. Implement the County comprehensive plan, as amended, and all County functional and community plans;
I. Minimize prolonged adverse impacts due to flooding and post-flood recovery;
J. Minimize the need for, and excessive costs borne by, rescue and emergency services associated with flooding;
K. Ensure that property owners within areas of special flood hazard are held accountable for the impacts from their private development; and
L. Ensure that all development is reasonably safe from flooding. (Ord. 77-5, 3-28-1977, eff. 4-7-1977; amd. Ord. 88-4, 9-13-1988; Ord. 91-9, 7-22-1991; Ord. 2011-01, 1-18-2011; Ord. 2019-02, 1-8-2019; Ord. 2021-12, 7-20-2021)
A. Establishment Of Districts:
1. The Floodplain Overlay District is hereby established. The regulations of this district apply to all lands within the jurisdiction of the County that lie within the special flood hazard area boundaries as established by subsection 9-17-1D of this chapter. Except as stated in subsection 9-17-1D2 of this chapter, any boundary established by a registered professional engineer in the State that is in conflict with the effective flood insurance study (FIS) must be submitted to and approved by FEMA through revised FIRM, or through a letter of map change (LOMC) issued by FEMA. Such amendments or revisions to the effective FIRMs authorized by FEMA shall be considered amendments or revisions to the maps adopted hereinabove and may be used as the best available information.
a. Establishment Of Subdistricts: The floodplain areas within the jurisdiction of this chapter are divided into two (2) subdistricts: the Floodway Subdistrict and the Floodplain Subdistrict. The boundaries of these subdistricts are determined in accordance with subsection 9-17-1D of this chapter.
2. The Riparian Setback District is hereby established. The regulations of this district shall include the setbacks from the ordinary high water mark according to the class of stream as delineated in subsection 9-17-7D of this chapter.
B. Rules For Interpretation:
1. The Floodplain Overlay District boundaries are partially represented on the Floodplain Overlay District map for the County. The precise boundaries shall be determined by on-site elevations in accordance with subsection 9-17-1D of this chapter.
The Administrator shall make the necessary interpretation of the boundary based upon the FEMA designation or the recommendation of the County Engineer, Floodplain Manager, or other expert hired by the County. An applicant contesting the location of the boundary may submit applicant’s own technical evidence when presenting applicant’s case to the Administrator, County Engineer, or Floodplain Manager, for the conditional use permit, stream alteration permit, building permit or subdivision application.
2. The Riparian Setback District boundaries will not be designated on the official County zoning map. These boundaries shall include the setbacks from the ordinary high water mark according to the class of stream as delineated in subsection 9-17-7D of this chapter.
3. Land used primarily for commercial agricultural purposes, not including agricultural buildings, is excluded from section 9-17-7, “Riparian Setback District Use Regulations”, of this chapter, provided a ten foot (10') natural vegetation buffer, as measured from the ordinary high water mark, shall be preserved or maintained along all designated streams. Revegetation of this natural vegetation buffer shall not be required where the watercourse moves its channel.
C. Notification To Other Entities: For development purposes, the following apply:
1. Whenever a watercourse is to be altered or relocated, notify adjacent communities and the State Coordinating Office prior to such alteration or relocation of a watercourse.
2. Base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six (6) months after the date such information becomes available, the applicant shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with volume 44 Code of Federal Regulations section 65.3. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.
3. Notify the Federal Insurance Administrator in writing of acquisition by means of annexation, incorporation or otherwise, of additional areas of jurisdiction. (Ord. 2010-08, 11-16-2010; amd. Ord. 2011-01, 1-18-2011; Ord. 2019-02, 1-8-2019)
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. Streams and rivers are dynamic physical and ecological systems. Channel realignments, erosion, deposition, sedimentation, and varying surface and ground water elevations are expected. This chapter does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This chapter shall not create liability on the part of the County or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. (Ord 77-5, 3-28-1977, eff. 4-7-1977; amd. Ord. 88-4, 9-13-1988; Ord. 2019-02, 1-8-2019)
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