(A) Permitted uses in floodway. Development allowed in the floodway district is limited to that which has low flood damage potential and will not obstruct flood flows, increase velocities, or increase the water surface elevations of the 1% annual chance flood. The following uses and activities may be allowed with a permit, subject to the standards of division (B) below:
(1) Recreational uses, parking lots, loading areas, water control structures, navigational facilities, as well as public open space uses.
(2) Roads, railroads, trails, bridges, and culverts.
(3) Public utility facilities and water-oriented industries which must be in or adjacent to watercourses.
(4) Grading, filling, land alterations, and shoreline stabilization projects.
(5) No structures, as defined in § 153.02, are allowed in the Floodway District, except structures accessory to the uses detailed in this division.
(B) Standards for permitted uses in floodway. In addition to the applicable standards detailed in § 153.04:
(1) The applicant must demonstrate that the development will not result in any of the following during the 1% chance flood: cause a stage increase of zero feet or greater, obstruct flood flows, or increase velocities. This shall be demonstrated through hydrologic and hydraulic analysis performed by a professional engineer, or using other standard engineering practices (e.g. projects that restore the site to the previous cross-sectional area). This is commonly documented through a “no-rise certification.”
(2) Any development that would result in a stage increase greater than zero feet may only be allowed with a permit if the applicant has applied for and received approval for a Conditional Letter of Map Revision (CLOMR) in accordance with 44 C.F.R. § 65.12. Map revisions must follow the procedures in §§153.10(A)(5) and 153.13.
(4) Any development in the beds of public waters that will change the course, current or cross section is required to obtain a public waters work permit in accordance with M.S. § 103G.245 or a utility crossing license in accordance with M.S. § 84.415, from the Department of Natural Resources, or demonstrate that no permit is required, before applying for a local permit.
(5) Fill and other land alteration activities must offer minimal obstruction to the flow of flood waters, and be protected from erosion and sediment entering surface waters by the use of vegetative cover, riprap or other methods as soon as possible.
(Ord. 151, 4th Series, passed 9-6-2022)