§ 159.17 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD.
   (A)   The regulatory flood elevation, floodway, and fringe limits for the studied SFHAs within the jurisdiction of the City of Kokomo, delineated as an “AE Zone” on the Howard County, Indiana and Incorporated Areas Flood Insurance Rate Map dated February 4, 2015, shall be determined from the 1% annual chance flood profiles in the Flood Insurance Study of Howard County, Indiana and Incorporated Areas and the corresponding Flood Insurance Rate Maps (FIRM) dated February 4, 2015 as well as any subsequent updates, amendments, or revisions, prepared by FEMA with the most recent date. Should the floodway limits not be delineated on the Flood Insurance Rate Map for a studied SFHA designated as an “AE Zone”, the limits of the floodway will be according to the best available flood layer as provided by the Indiana Department of Natural Resources.
   (B)   The regulatory flood elevation, floodway, and fringe limits for each of the SFHAs within the jurisdiction of the City of Kokomo, delineated as an "A Zone" on the Howard County, Indiana and Incorporated Areas Flood Insurance Rate Map, dated February 4, 2015, as well as any subsequent updates, amendments, or revisions, prepared by FEMA with the most recent date, shall be according to the best available flood layer provided by the Indiana Department of Natural Resources, provided the upstream drainage area from the subject site is greater than one square mile. Whenever a party disagrees with the best available flood layer data, the party needs to replace existing data with better data that meets current engineering standards. To be considered, this data must be submitted to the Indiana Department of Natural Resources for review and subsequently approved.
   (C)   In the absence of a published FEMA map, or 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 available flood layer as provided by the Indiana Department of Natural Resources, provided the upstream drainage area from the subject site is greater than one square mile.
   (D)   Upon issuance of a Letter of Final Determination (LFD), any more restrictive data in the new (not yet effective) mapping/study shall be utilized for permitting and construction (development) purposes, replacing all previously effective less restrictive flood hazard data provided by FEMA.
(Ord. 7058, passed 9-26-22)