CHAPTER 7
FLOOD DAMAGE PREVENTION

SECTION:

8-7-1: Statutory Authorization

8-7-2: Findings Of Fact

8-7-3: Statement Of Purpose

8-7-4: Methods Of Reducing Flood Losses

8-7-5: Definitions

8-7-6: Lands To Which This Chapter Applies

8-7-7: Basis For Establishing The Areas Of Special Flood Hazard

8-7-8: Establishment Of Development Permit

8-7-9: Compliance

8-7-10: Abrogation And Greater Restrictions

8-7-11: Interpretation

8-7-12: Warning And Disclaimer Of Liability

8-7-13: Designation Of The Floodplain Administrator

8-7-14: Duties And Responsibilities Of The Floodplain Administrator

8-7-15: Development Permit Procedures

8-7-16: Variance Procedures

8-7-17: Provisions For Flood Hazard Reduction

8-7-18: Penalties For Noncompliance

8-7-1: STATUTORY AUTHORIZATION:

The legislature of the State of Utah has, in Utah Code Unannotated 17-27a-501, delegated the responsibility to local counties to adopt land use and zoning regulations designed to promote the public health, safety and general welfare of its citizenry. (Ord. 16-354, 11-14-2016)

8-7-2: FINDINGS OF FACT:

   A.   Findings Of Fact:

      1.   The flood hazard areas of Duchesne County are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare.

      2.   These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, flood proofed or otherwise protected from flood damage.

      3.   It is hereby found and declared by the Duchesne County Commission that severe flooding has occurred in the past within its jurisdiction and will certainly occur within the future; that flooding is likely to result in infliction of serious personal injury or death, and is likely to result in substantial injury or destruction of property within its jurisdiction; in order to effectively comply with minimum standards for coverage under the National Flood Insurance Program; and in order to effectively remedy the situation described herein, it is necessary that this chapter become law. (Ord. 16-354, 11-14-2016)

8-7-3: STATEMENT OF PURPOSE:

   A.   It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

      1.   Protect human life and health;

      2.   Minimize expenditure of public money for costly flood control projects;

      3.   Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

      4.   Minimize prolonged business interruptions;

      5.   Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;

      6.   Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and

      7.   Insure that potential buyers are notified that property is in a flood area. (Ord. 16-354, 11-14-2016)