Floodways and non-encroachment areas, located within the Special Flood Hazard Area or Future Conditions Flood Hazard Areas, are extremely hazardous areas due to the velocity of flood waters that carry debris, potential projectiles, and the potential for erosion. Therefore, encroachments, including fill, in floodways or non-encroachment areas are permitted only in limited circumstances and only under the following restrictions:
(A) There shall be no encroachment, including fill, unless the applicant has received a Special Use Permit (see Section 3.8) or the use is permitted under Section 14.7.3(A). The applicant for a special use involving the floodway portion of a Special Flood Hazard Area or Future Conditions Flood Hazard Area shall provide certification by a professional registered engineer, architect, or landscape architect that the encroachment will not result in any increase in flood levels during the discharge of the base flood or provide a Conditional Letter or Map Revision (CLOMR) issued by the Federal Emergency Management Agency. A Letter of Map Revision (LOMR) must also be obtained within six (6) months of completion of the proposed encroachment.
(B) Once paragraph (A) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction requirements of this section.