§ 151.209  GENERAL PERFORMANCE STANDARDS IN REGULATORY FLOODPLAIN.
   The following general performance standards are applicable to all development in a regulatory floodplain. The standards of this section apply except when superseded by more stringent requirements in the following sections.
   (A)   All development in the regulatory floodplain shall comply with the compensatory storage volume standards of this subchapter.
   (B)   For all projects involving a channel modification, fill, stream maintenance or a levee, the flood conveyance and storage capacity of the regulatory floodplain shall not be reduced.
   (C)   If the proposed development would result in a change in the regulatory floodplain or BFE, the applicant shall obtain a CLOMR from FEMA prior to development, followed by a LOMR from FEMA following development. No buildings may be built in the existing or proposed regulatory floodplain unless the building meets all the building protection standards identified within this subchapter. Proposed changes to the regulatory floodway delineation and the BFE must also be submitted to the IDNR-OWR for its approval.
   (D)   Prior to the commencement of any construction, modification or removal of a dam, the developer shall obtain an IDNR-OWR dam safety permit or a letter from the IDNR-OWR stating that a permit is not required.
   (E)   For public flood control projects, the requirements will be deemed met if the applicant demonstrates to IDNR-OWR and the Stormwater Committee:
      (1)   By hydraulic and hydrologic modeling, that the proposed project will not singularly or cumulatively result in increased flood heights outside the project site, or that any increases will be contained in easements for all flood events, up to and including the base flood event;
      (2)   That the project will be operated and maintained by a public entity;
      (3)   That the project will reduce flood damage to an existing building or structure.
   (F)   Nothing in this section precludes the design, engineering, construction or financing, in whole or in part, of a public flood control project by persons who are not public entities.
(Ord. 2019-03, passed 4-15-2019)