TITLE 10
FLOOD CONTROL

CHAPTER 1
FLOOD CONTROL REGULATIONS

SECTION:

10-1-1: Findings Of Fact And Purpose

10-1-2: Objectives And Methods Of Reducing Flood Losses

10-1-3: Interpretation And Application Of Provisions

10-1-4: Compliance With Provisions

10-1-5: Rules And Definitions

10-1-6: Basis For Special Flood Hazard Areas

10-1-7: Development Permit Requirements

10-1-8: Flood Damage Reduction Provisions

10-1-8-1: Applicability

10-1-8-2: General Building Requirements

10-1-8-3: Anchoring

10-1-8-4: Water And Sewer Systems

10-1-8-5: Subdivisions

10-1-8-6: Specific Standards

10-1-8-7: Floodplain And Floodway Standards

10-1-9: Duties Of The Floodplain Administrator

10-1-10: Variances

10-1-11: Schedule Of Fees, Charges And Expenses

10-1-12: Warning And Disclaimer Of Liability

10-1-13: Corrective Procedures

10-1-14: Violations And Penalties

10-1-15: Amendments

10-1-16: Legal Status Provisions

10-1-1: FINDINGS OF FACT AND PURPOSE:

   A.   Findings Of Fact:

      1.   The flood hazard areas of the city are subject to periodic inundation which results 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.

      2.   These flood losses are caused by structures which are inadequately anchored, flood-proofed, or otherwise unprotected from flood damages, and by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities.

      3.   Flooding is aggravated by the collection of debris upstream of the many channel obstructions located in the floodplain areas. Such obstructions include bridges, fences, houses, trees, etc. The accumulation of debris has resulted in significantly higher water surface elevations upstream from the obstructions than would otherwise be expected. Obstructions can and tend to cause flooding to extend beyond anticipated FEMA 100-year flood boundaries at points of debris accumulation which cannot be predicted.

      4.   All structures located roughly within the limits of the 500-year floodplain are subject to inundation, if not directly impacted by the channel itself, during floods of return frequencies of ten (10) to twenty (20) years. This is due to the tendency of the channel to change abruptly, often cutting a totally new channel in a few hours, during high water periods, because the Boise River is wide, flat and has relatively shallow channel in many areas.

      5.   The levees built by private property owners may be considered by FEMA to be inadequately designed or deteriorated such that they cannot be classified as permanent structures capable of withstanding a 100-year flood; and, therefore, may result in higher risk and be included in the area of special flood hazard.

      6.   Encroachments (i.e., houses, fill, etc.) on floodplains reduce the flood carrying capacity and increase flood heights, thus increasing flood hazards beyond the encroachment. With every new structure or other development since the FEMA 100-year flood boundary was determined, the ability of the floodplain to function changes.

      7.   The Boise River and its tributaries and floodplains in Eagle are essential to the well being of its citizens as a source of recreation, fish and wildlife habitat, aesthetic beauty, and a source of irrigation water as well as other economic and lifestyle values.

      8.   Development adjacent to waterways has had a direct effect on the natural stream by destroying or greatly altering fish and wildlife habitat and by unnaturally armoring the banks of the waterways to prevent erosion and damage riparian areas thus resulting in increased risk to manmade structures.

      9.   Local government units have the primary responsibility for planning, adopting, and enforcing land use regulations to accomplish proper floodplain management.

   B.   Purpose: It is the purpose of this title 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:

      1.   To protect human life, health, and property;

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

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

      4.   To minimize prolonged business interruptions;

      5.   To minimize damage to public facilities and utilities such as water purification and sewage treatment plants, water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

      6.   To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

      7.   To ensure that potential buyers are notified that property is in an area of special flood hazard, warn that city review and approval is not going to prevent flooding and that flooding may occur, and advise of information available to the city regarding flood hazards, studies and available options;

      8.   To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;

      9.   To provide a formal procedure for evaluation of floodplain development permit applications;

      10.   To restrict or prohibit uses which are injurious to health, safety or property in times of flood, which result in environmental damage, or that cause increased flood heights or velocities;

      11.   To minimize the impact of development adjacent to waterways on adjacent properties upstream, downstream and across waterways;

      12.   To review development plans for property adjacent to waterways to minimize the obstruction of the conveyance of floodwaters, review drainage/obstructions to flood carrying capacity, and guide development adjacent to waterways toward the most appropriate building envelope for its particular site;

      13.   To carry out the provisions of the comprehensive plan as well as health, safety and welfare with regard to properties adjacent to waterways;

      14.   To review landscaping and access for flood carrying capacity and preservation or enhancement of riparian vegetation;

      15.   To allow the river and creeks and their adjacent lands to convey floodwaters to minimize property damage;

      16.   To regulate uses in the floodplain for the purpose of preserving, protecting, and enhancing the abundance and diversity of fish, wildlife and riparian resources; and

      17.   To protect, preserve and enhance the waterways and floodplains as a recreation resource.

(Ord. 115, 5-12-1987; amd. Ord. 485, 7-24-2007; Ord. 815, 7-23-2019)

10-1-2: OBJECTIVES AND METHODS OF REDUCING FLOOD LOSSES:

In order to accomplish its purposes, this chapter includes methods and provisions for:

   A.   Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in flood heights, velocities, or erosion;

   B.   Requiring that development which is vulnerable to floods, including structures and facilities necessary for the general health, safety, and welfare of citizens, be protected against flood damage at the time of initial construction;

   C.   Preserve and restore natural floodplains, stream channels and natural protective barriers which help accommodate or channel floodwaters;

   D.   Control filling, grading, dredging and other development which may increase flood damage or erosion; and

   E.   Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. (Ord. 82, 12-14-1982; amd. Ord. 815, 7-23-2019)

10-1-3: INTERPRETATION AND APPLICATION OF PROVISIONS:

   A.   Statutory Authority: The legislature of the state of Idaho, pursuant to Idaho Code sections 46-1020 through 46-1024, authorized local governments to adopt floodplain management ordinances that identify floodplains and minimum floodplain development standards to minimize flood hazards and protect human life, health, and property.

   B.   Jurisdiction And Interpretation: This title shall apply to all special flood hazard areas within the jurisdiction of the city. In the interpretation and application of this chapter, all provisions shall be:

      1.   Considered as minimum requirements;

      2.   Liberally construed in favor of the city; and

      3.   Deemed neither to limit nor repeal any other powers granted under provisions of the Idaho Code.

   C.   Conflicting Laws: This title does not in any way repeal, abrogate, impair, or remove the necessity of compliance with any other laws, ordinances, regulations, easements, covenants or deed restrictions, and the like. However, where this chapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 700A, 3-11-2014; amd. Ord. 815, 7-23-2019)