A. Lands To Which Provisions Applicable: This chapter shall apply to all areas of special flood hazards areas (SFHA) within the jurisdiction of Malheur County excluding areas within incorporated city limits (“community”).
B. Basis For Establishing Areas Of Special Flood Hazard: The areas of special flood hazard identified by the federal insurance administrator in a scientific and engineering report entitled "The Flood Insurance Study Of Malheur County", dated September 29, 1986, with accompanying flood insurance rate maps (FIRMS) and flood boundary-floodway maps (410146IND0, 410149FND0, 4101491825B, 4101491725B, 4101491702B, 4101491702, 4101491700B, 4101491675B, 4101491650B, 4101491575B, 4101491564B, 4101491564, 4101491550B, 4101491425B, 4101490825B, 4101490804B, 4101490804, 4101490803B, 4101490803, 4101490800B, 4101490725B, 4101490675B, 4101490650B, 4101490625B, 4101490600B, 4101490520B, 4101490510B, 4101490510, 4101490505B, 4101490505, 4101490500B, 4101490492B, 4101490492, 4101490491B, 4101490491, 4101490489B, 4101490489, 4101490487B, 4101490487, 4101490483B, 4101490483, 4101490475B, 4101490450B, 4101490375B, 4101490370B, 4101490370, 4101490350B, 4101490325B, 4101490225B, 4101490218B, 4101490218, 4101490216B, 4101490216, 4101490214B, 4101490214, 4101490212B, 4101490212, 4101490200B, 4101490175B) which are hereby adopted by reference and declared to be a part of this chapter. The FIS and FIRM panels are on file in the Malheur County planning office located in the Malheur County Courthouse.
C. Coordination With State Of Oregon Specialty Codes: Pursuant to the requirement established in ORS 455 that Malheur County administers and enforces the State of Oregon Specialty Codes, Malheur County does not hereby acknowledge that the Oregon Specialty Codes contain certain provisions that apply to the design and construction of buildings and structures located in special flood hazard areas. Therefore, this chapter is intended to be administered and enforced in compliance with the Oregon Specialty Code.
D. Compliance: All development within special flood hazard areas is subject to the terms of this chapter and required to comply with its provisions and all other applicable regulations.
E. Penalties For Noncompliance: No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor under state law. Any person who violates this chapter or fails to comply with any of its requirements shall be subject to the fines, penalties and remedies provided for in the Malheur County code. Nothing herein contained shall prevent the Malheur County court from taking such other lawful action as is necessary to prevent or remedy any violation1.
F. Abrogation And Greater Restrictions: This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants or deed restrictions. However, where this chapter and other ordinances, easements, covenants or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
G. Severability: This chapter and the various parts thereof are hereby declared to be severable. If any section, clause, sentence or phrase of this chapter is held invalid or unconstitutional by any court of competent jurisdiction, said holding shall in no way effect the validity of the remaining portions of this chapter.
H. Interpretation: In the interpretation and application of this chapter, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under state statutes.
I. Warning And Disclaimer Of Liability: The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of Malheur County, any officer or employee thereof or the federal insurance administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. 54, 3-24-1987; amd. Ord. 219, 11-13-2019)