§ 152.13 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 in this division (B) 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 its incorporated areas dated February 4, 2015, and in the corresponding Flood Insurance Rate Map dated February 4, 2015, as well as in 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 Flood Insurance Rate Map of the county and its incorporated areas dated February 4, 2015, as well as on 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’s Department of Natural Resources provided that 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 the existing data with better data which meets current engineering standards. To be considered, this data must be submitted to the state’s Department of Natural Resources for review and subsequent approval.
      (3)   In the absence of a published FEMA map, or in the 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’s Department of Natural Resources provided that 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, or not yet effective, mapping or study shall be utilized for permitting, construction or development purposes, replacing all previously-effective, less- restrictive flood hazard data provided by FEMA.
(Ord. 2015-1, passed 1-6-2015)