5-2-4-2: LOCAL ADMINISTRATOR:

   A.   Designation: The Malheur County Planning Director is hereby appointed to administer and implement this Chapter by granting or denying development permit applications in accordance with its provisions. The Planning Director may delegate authority to implement these provisions.

   B.   Duties And Responsibilities: Duties of the floodplain administrator, or their designee, shall include, but not be limited to:

      1.   Permit Review:

         a.   Review all development permits to determine that the permit requirements of this Chapter have been satisfied.

         b.   Review all development permits to determine that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required.

         c.   Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of subsection 5-2-5-3 A of this Chapter are met.

         d.   Review all development permits to determine if the proposed development is located in an area where base flood elevation (BFE) data is available either through the flood insurance study (FIS) or from another authoritative source. If BFE data is not available then ensure compliance with the provisions of sections 5-2-5-1 G.

         e.   Provide to building officials the base flood elevation (BFE) applicable to any building requiring a development permit.

         f.   Review all development permit applications to determine if the proposed development qualifies as a substantial improvement as defined in section 5-2-2 .

         g.   Review all development permits to determine if the proposed development activity is a watercourse alteration. If a watercourse alteration is proposed, ensure compliance with the provisions in section 5-2-4-2 B5.

         h.   Review all development permits to determine if the proposed development activity includes the placement of fill or excavation.

      2.   Use Of Other Base Flood Data: When base flood elevation data has not been provided in accordance with subsection 5-2-3 of this Chapter, the Planning Director shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer Sections 5-2-5-1 , 5-2-5-2 and 5-2-5-3 of this Chapter.

      3.   Information To Be Obtained And Maintained: The following information shall be obtained and maintained and shall be made available for public inspection as needed:

         a.   Obtain, record and maintain the actual elevation (in relation to mean sea level) of the lowest floor (including basements) and all attendant utilities of all new or substantially improved structures where base flood elevation (BFE) data is provided through the flood insurance study (FIS), flood insurance rate map (FIRM), or obtained in accordance with 5-2-5-1 G of this chapter.

         b.   Obtain and record the elevation (in relation to mean sea level) of the natural grade of the building site for a structure prior to the start of construction and the placement of any fill and ensure that requirements of sections 5-2-5-3 and 5-2-4-2 B1b are adhered to.

         c.   Upon placement of the lowest floor or a structure (including basement) but prior to further vertical construction, obtain an elevation certificate (EC) recording the actual elevation (in relation to mean sea level) of the lowest floor (including basement), all attendant utilities in place, and the location and height of all flood openings.

         d.   Obtain as-built elevation certificate (EC) recording the actual elevation (in relation to mean sea level) of the lowest floor (including basement), and all attendant utilities, and the location and height of all flood openings prior to the final inspection.

         e.   Maintain all elevation certificates (EC) submitted to Malheur County as required under this chapter.

         f.   Obtain, record, and maintain the elevation (in relation to mean sea level) to which the structure and all attendant utilities were flood proofed for all new or substantially improved flood proofed structures where base flood elevation (BFE) data is provided through FIS, FIRM, or obtained in accordance with 5-2-5-1 G of this chapter.

         g.   Maintain all flood proofing certificates required under this chapter.

         h.   Record and maintain all variance actions, including justification for their issuance.

         i.   Obtain and maintain all hydrologic and hydraulic analyses performed as required under 5-2-5-3 .

         j.   Record and maintain all substantial improvement and substantial damage calculations and determinations as required under section 5-2-4-2 B7.

         k.   Maintain for public inspection all records pertaining to the provisions of this chapter.

      4.   Community Boundary Alterations: The floodplain administrator shall notify the federal insurance administrator in writing whenever the boundaries of the community have been modified by annexation or the community has assumed authority or no longer has authority to adopt and enforce floodplain management regulations for a particular area to ensure that all flood hazard boundary maps (FHBM) and flood insurance rate maps (FIRM) accurately represent the community’s boundaries. Include within such notification a copy of a map of the community suitable for reproduction, clearly delineating the new corporate limits or new area for which the community has assumed or relinquished floodplain management regulatory authority.

      5.   Alteration Of Watercourses: Notify adjacent communities, the Department of Land Conservation and Development, and other appropriate state and federal agencies, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the federal insurance administration. The notification shall be provided by the applicant to the federal insurance administration as the letter of map revision (LOMR) along with either:

         a.   A proposed maintenance plan to assure the flood carrying capacity within the altered or relocated portion of the watercourse is maintained; or

         b.   Certification by a registered professional engineer that the project has been designed to retain its flood carrying capacity without periodic maintenance.

      The applicant shall be required to submit a conditional letter of map revision (CLOMR) when required under section 5-2-4-2 B6. Ensure compliance with all applicable requirements in sections 5-2-4-2 B6 and 5-2-5-1 A.

      6.   Requirement To Submit New Technical Data:

         a.   A community’s flood base elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six (6) months after the date such information becomes available, a community shall notify the federal insurance administrator of the changes by submitting technical or scientific data in accordance with Section 44 of the code of federal regulations (CFR), sub-section 65.3. The planning director/floodplain administrator may require that applicant submit such data and review fees required for compliance with this section through the applicable FEMA letter of map change (LOMC) process.

         b.   The floodplain administrator shall require a conditional letter of map revision prior to the issuance of a floodplain development permit for:

            (1)   Proposed floodway encroachments that increase the base of the flood elevation; and

            (2)   Proposed development which increases the base flood elevation by more than one (1) foot in areas where FEMA has provided base flood elevations but no floodway.

         c.   An applicant shall notify FEMA within six (6) months of project completion when an applicant has obtained a conditional letter of map revision (COLMR) from FEMA. This notification to FEMA shall be provided as a letter of map revision (LOMR).

         d.   The applicant shall be responsible for preparing all technical data to support COLMR/LOMR applications and paying any processing or application fees. The floodplain administrator shall be under no obligation to sign the community acknowledgment form, which is part of the CLOMR/LOMR application, until the applicant demonstrates that the project will or has met the requirements of this code and all applicable state and federal laws.

      7.   Substantial Improvement And Substantial Damage Assessments And Determinations: Conduct substantial improvement (SI) (as defined in section 5-2-2 ) reviews for all structural development proposal applications and maintain a record of SI calculations within permit files in accordance with section 5-2-4-2 B. Conduct substantial damage (SD) (as defined in section 5-2-2 ) assessments when structures are damaged due to a natural hazard event or other causes. Make SD determinations whenever structures within the special flood hazard area (as established in section 5-2-3 B) are damaged to the extent that the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

      8.   Interpretation Of FIRM Boundaries: Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation. Such appeal shall be granted consistent with the standards of section 60.6 of the rules and regulations of the national flood insurance program (44 CFR 59-76). (Ord. 54, 3-24-1987; amd. Ord. 219, 11-13-2019)