(A) Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazard identified by FEMA within the jurisdiction of the city.
(B) Compliance. No structure or land shall hereafter be constructed, located, extended, or altered without full compliance with the terms of this chapter and other applicable regulations.
(C) Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, “The Flood Insurance Study for the City of Milbank”, dated November 4, 2009, with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps (FIRM and FBFM) and any revisions thereto are hereby adopted by reference and declared to be a part of this chapter.
(D) 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 another chapter easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(E) Interpretation. In the interpretation 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 statute.
(F) Warning and disclaimer of liability.
(1) The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions, greater floods can and will occur and flood heights may be increased by human-made or natural causes.
(2) This chapter does not imply that land outside the areas 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 the community or any official or employee thereof for any flood damages that result from reliance on this chapter, or any administrative decision lawfully made thereunder.
(G) Penalties for non-compliance.
(1) In accordance with 44 CFR Chapter 1, § 59.2(b) of the NFIP regulation, to qualify for the sale of federally subsidized flood insurance, a community must adopt floodplain management regulations that meet or exceed the minimum standards of Section 60: “These regulations must include effective enforcement provisions”.
(2) In accordance with 44 CFR Chapter 1, § 60.1(b) of the NFIP regulations, “These regulations must be legally enforceable, applied uniformly throughout the community to all privately and publicly owned land within flood-prone (i.e., mudflow) or flood-related erosion areas, and the community must provide that the regulations take precedence over less restrictive conflicting local laws, ordinances, or codes”.
(Ord. 842, passed 3-14-2022) Penalty, see § 154.999