§ 151.07  BASIS FOR ESTABLISHING REGULATORY FLOOD DATA.
   (A)   This chapter’s protection standard is the regulatory flood.
   (B)   The best available regulatory flood data is listed below.
      (1)   The regulatory flood elevation, floodway, and fringe limits for the studied SFHAs within the jurisdiction of the town shall be as delineated on the 1% annual chance flood profiles in the Flood Insurance Study of the county and incorporated areas and the corresponding Flood Insurance Rate Map dated June 5, 2012 as well as any future updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date.
      (2)   The regulatory flood elevation, floodway, and fringe limits for each of the SFHAs within the jurisdiction of the town, delineated as an A Zone on the county and incorporated areas Flood Insurance Rate Map dated June 5, 2012, as well as any future updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date, shall be according to the best data available as provided by the State Department of Natural Resources; provided the upstream drainage area from the subject site is greater than one square mile. Whenever a party disagrees with the best available data, the party needs to replace existing data with better data that meets current engineering standards. To be considered, this data must be submitted to the State Department of Natural Resources for review and subsequently approved.
      (3)   In the absence of a published FEMA map, or absence of identification on a FEMA map, the regulatory flood elevation, floodway, and fringe limits of any watercourse in the community’s known flood prone areas shall be according to the best data available as provided by the State Department of Natural Resources; provided the upstream drainage area from the subject site is greater than one square mile.
      (4)   Upon issuance of a Letter of Final Determination (LFD), any more restrictive data in the new (not yet effective) mapping/study shall be utilized for permitting and construction (development) purposes, replacing all previously effective less restrictive flood hazard data provided by FEMA.
(Ord. 2016-11, passed 8-9-2016)