(A) Existing structures in the floodway shall not be substantially improved (more than 50% of market value) or replaced unless the lowest floor of the structure is elevated at or above the flood protection elevation (FPE) and the effect of the proposed development or improvement on flood heights is fully offset by accompanying stream modifications. All proposals to offset the effects of building in the floodway by construction of stream modifications, shall be documented by an engineering study prepared by a registered professional engineer which fully evaluates the effects of such construction and shall be submitted to MDE. The report shall use the flood insurance study and the flood insurance rate maps as prepared by the Federal Emergency Management Agency and adopted herein as the basis of the analysis. The County shall not issue any permit for construction in the floodway until it has received written notice from MDE that a waterway construction permit for the proposal has been approved.
(B) The placement of any manufactured homes or buildings in the floodway shall be prohibited except where the manufactured home is replacing an existing manufactured home of equal dimensions, has a lowest floor which is 1 foot above the elevation of the 100-year flood, and has no effect on flood heights. Such replacement must be approved by MDE through the issuance of a waterway construction permit.
(Ord. —, passed 10-22-1991; Am. Ord. —, passed 8-20-2013) Penalty, see § 151.999