(A) In addition to the damage prevention requirements of § 151.06, all buildings to be located in the SFHA shall be protected from flood damage below the FPE. This building protection requirement applies to the following situations:
(1) Construction or placement of a new building valued at more than $1,000;
(2) Improvements made to an existing building that increase the first floor area by more than 20%;
(3) Reconstruction or repairs made to a damaged building that are valued at more than 50% of the value of the building before the damage occurred; and
(4) Installing a mobile home on a new site or a new mobile home on an existing site. This building protection requirement does not apply to returning a mobile home to the same site it formerly lawfully occupied.
(B) This building protection requirement may be met by any one of the following methods:
(1) A building may be constructed on permanent landfill in accordance with the following:
(a) The area to be filled shall be cleared of all standing trees, brush, down timber, trash, and other growth or objects unsuitable for use as foundation material;
(b) The fill shall be placed in layers no greater than one foot deep before compaction;
(c) The surface of the fill shall be at or above the FPE. The fill shall extend at least ten feet beyond the foundation of the building before sloping below the FPE;
(d) The fill shall be protected from erosion and scour during flooding by vegetative cover, rip rap, or bulkheading. If vegetative cover is used, the slopes shall be no steeper than three horizontal to one vertical;
(e) The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties; and
(f) The responsible village official shall maintain a record of the as built elevation of the lowest floor of the building.
(2) A building may be elevated in accordance with the following:
(a) The building or improvements shall be elevated on stilts, piles, walls, crawl space, or other foundation that is permanently open to floodwaters and not subject to damage by hydrostatic pressures;
(b) The foundation and supporting members shall be anchored, shaped, and aligned so as to minimize exposure to known hydrodynamic forces such as current, waves, and floating debris;
(c) All areas below the FPE shall be constructed of materials resistant to flood damage. The bottom of the joists of the lowest floor shall be located at or above the FPE. Beneath the lowest elevated floor of an elevated residential building, all electrical, plumbing, ventilating, heating, air conditioning equipment-related duct work, and utility meters shall be located at or above the FPE;
(d) Elevated residential buildings must have permanent openings no more than one foot above grade, and the walls and floor must not be subject to damage by hydrostatic pressures of the base flood;
(e) The responsible village official shall maintain a record of the as built elevation of the lowest floor;
(f) No area below the FPE shall be used for storage of items or materials subject to flood damage unless the items or materials are declared to be property not covered by a standard flood insurance policy of the National Flood Insurance Program;
(g) Any future alteration of the area below the FPE that violates the requirements of this subdivision shall be deemed a violation of this chapter. The responsible village official shall inform the applicant that any such alteration is considered a willful act to increase flood damages and therefore will cause coverage by a standard flood insurance policy to be suspended.
(h) Mobile homes are prohibited in special flood hazard areas.
(3) A nonresidential building may be floodproofed in accordance with the following:
(a) A registered professional engineer shall certify that the building has been designed so that below the FPE, the structure and attendant utility facilities are watertight and capable of resisting the effects of the base flood. The building design shall take into account flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, the effect of buoyancy, and impacts from debris or ice;
(b) Floodproofing measures shall be operable without human intervention and without an outside source of electricity; and
(c) The responsible village official shall maintain the engineer’s certificate and a record of the as built elevation to which the building was floodproofed.
Penalty, see § 151.99