§ 153.48 FLOODWAY PROVISIONS.

   The following provisions shall apply to floodways.

   (A)   Encroachments, including, but not limited to, fill, new construction, substantial improvements and other development, are prohibited within the adopted floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachments would not result in any increase in flood levels within the town during the occurrence of the base flood discharge.

   (B)   If division (A) above is satisfied, then all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of §§ 153.40 through 153.48 of this chapter.

   (C)   The town may permit encroachments within the adopted floodway which would result in an increase in base flood elevations, provided that the applicant for the development permit complies with all of 44 C.F.R. § 65.12.

(Prior Code, § 12-219) (Ord. 2010-07, passed 1-11-2011) Penalty, see § 153.99