*Prior history: Ord. 343, 1987; prior code §§ 4-6-1—4-6-14.
Sections:
Article I. Statutory Authorization, Findings of Fact, Purpose and Methods
15.20.010 Statutory authorization.
15.20.020 Findings of fact.
15.20.030 Statement of purpose.
15.20.040 Methods of reducing flood losses.
Article II. Definitions
15.20.050 Definitions.
Article III. General Provisions
15.20.060 Lands to which this chapter applies.
15.20.070 Basis for establishing the areas of special flood hazard.
15.20.080 Establishment of development permit.
15.20.090 Compliance.
15.20.100 Abrogation and greater restrictions.
15.20.110 Interpretation.
15.20.120 Warning and disclaimer of liability.
Article IV. Administration
15.20.130 Designation of the floodplain administrator.
15.20.140 Duties and responsibilities of the floodplain administrator.
15.20.150 Permit procedures.
15.20.160 Variance procedures.
Article V. Provisions for Flood Hazard Reduction
15.20.170 General standards.
15.20.180 Specific standards.
15.20.190 Standards for subdivision proposals.
15.20.200 Standards for areas of shallow flooding (AO/AH Zones).
15.20.210 Floodways.
Article VI. Penalties
15.20.220 Penalties for noncompliance.
Article I.
Statutory Authorization, Findings of Fact, Purpose and Methods
Statutory Authorization, Findings of Fact, Purpose and Methods
The Legislature of the state of New Mexico has in (section) 3-17-1 NMSA 1978 delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the city commission of the city of Lovington, New Mexico, does ordain as follows. (Ord. 490 (part), 2008; Ord. 439 (part), 2002)
A. The flood hazard areas of the city of Lovington are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare.
B. These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage. (Ord. 490 (part), 2008; Ord. 439 (part), 2002)
It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
A. Protect human life and health;
B. Minimize expenditure of public money for costly flood control projects;
C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
D. Minimize prolonged business interruptions;
E. Minimize damage to public facilities, and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;
F. Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and
G. Ensure that potential buyers are notified that property is in a flood area. (Ord. 490 (part), 2008; Ord. 439 (part), 2002)
In order to accomplish its purposes, this chapter uses the following methods:
A. Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities;
B. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
C. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters;
D. Control filling, grading, dredging and other development which may increase flood damage;
E. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. (Ord. 490 (part), 2008; Ord. 439 (part), 2002)
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