Floodways shall be preserved to carry the discharge of the 100-year flood. Floodways present increased risks to human life and property because of their relatively faster and deeper flowing waters. Fill shall not be permitted. New residential structures shall not be permitted. Other new development shall not be permitted in the floodway except where the lowest floor of the new structure is at or above the flood protection elevation (FPE) and the effect of the development on flood heights is fully offset by accompanying stream modification in accord with § 151.072 and the development is approved by the MDE through the issuance of a waterway construction permit and when necessary, the U.S. Army Corps of Engineers. Any development in the floodway which may result in any increase in water surface elevations or change to the floodway must be submitted to FEMA for a Conditional Letter of Map Revision, and Letter of Map Revision shall be obtained from FEMA following completion of the project. Hydrologic and hydraulic analyses based on existing floodway models and performed in accordance with standard engineering practices and certified by a registered professional engineer must be submitted. Failure to receive this letter shall be grounds for denial of the permit. An alternative analysis must be prepared for any development in the floodway before a permit may be issued. The provisions of § 151.055 through § 151.058, as well as § 151.070 through § 151.074, apply to floodways.
(Ord. —, passed 10-22-1991; Am. Ord. —, passed 8-20-2013) Penalty, see § 151.999