A. Applicability: The provisions of this article shall apply to all special flood hazard areas within the jurisdiction of Kootenai County. Nothing in this ordinance is intended to allow uses or structures that are otherwise prohibited by other provisions of this title.
B. Findings Of Fact:
1. The special flood hazard areas of Kootenai County are subject to periodic inundation that results in the following adverse effects on the public health, safety, and general welfare:
a. Loss of life and property;
b. Health and safety hazards;
c. Disruption of commerce and governmental services;
d. Extraordinary public expenditures for flood relief and protection; and
e. Impairment of the tax base.
2. These flood losses are caused by structures in flood hazard areas which are inadequately elevated, floodproofed, or otherwise unprotected from flood damages, and by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities.
3. Pursuant to the authorities set forth in section 8.1.102 of this title, local governments have the primary responsibility for planning, adopting, and enforcing land use regulations to accomplish proper floodplain management.
C. Methods Of Reducing Flood Losses: In order to accomplish its purposes, this article includes methods and provisions for:
1. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
2. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
3. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;
4. Controlling filling, grading, dredging, and other floodplain development which may increase flood damage;
5. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or may increase flood hazard in other areas; and
6. Requiring adherence to the regulations pertaining to erosion and sediment control, and stormwater management, contained in article 7.1 of this chapter.
D. Basis For Special Flood Hazard Areas: The special flood hazard areas identified by FEMA in its Flood Insurance Study (FIS) for Kootenai County, Idaho, and Incorporated Areas, dated May 3, 2010, with accompanying Flood Insurance Rate Maps (FIRM) and/or Digital Flood Insurance Rate Maps (DFIRM), and other supporting data, are hereby adopted by reference and declared to be a part of this article. The FIS and the FIRM are on file with the Department. Additional special flood hazard areas may be designated in accordance with the procedures set forth in subsection 8.7.205D of this article.
1. Base Flood Elevations Established: For purposes of this article, base flood elevations for the following lakes shall be considered to be the following elevations, as established in the FIS, according to the North American Vertical Datum of 1988 (NAVD88):
Lake | Elevation (in feet) |
Lake | Elevation (in feet) |
Hauser Lake | 2195.0 |
Spirit Lake | 2448.1 |
Fernan Lake | 2139.3 |
Hayden Lake | 2246.8 |
Twin Lakes | 2319.6 |
Lake Coeur d'Alene | 2139.3 |
Lake Pend Oreille | 2073.7* |
* Base Flood Elevation for Lake Pend Oreille established in the Bonner County FIS, as referenced in FEMA product ID#16017CV00013.
2. Base flood elevations for other bodies of water shall be determined through consideration of information provided by FEMA or other authoritative sources. Any affected person contesting the location of the boundary shall be given a reasonable opportunity to appeal any such interpretations in accordance with chapter 8, article 8.5 of this title.
E. Establishment Of Floodplain Development Permit: A floodplain development permit shall be required in conformance with the provisions section 8.7.205 of this article before any floodplain development may begin.
F. Compliance: No structure or land within a special flood hazard area shall hereafter be located, constructed, developed, extended, converted, or altered in any way except in full compliance with the terms of this article and other applicable provisions of this title and Title 7, Chapter 1 of this code. This subsection shall not apply to routine maintenance of structures or to agricultural or forestry activities. (Ord. 493, 6-9-2016; amd. Ord. 545, 10-3-2019)