As specified in A.R.S. Section 48-3613, before construction of the following, plans are to be presented to the board for review and comment; however, the following shall not be prohibited and shall not require a floodplain use permit or other written authorization from the board. Prior to construction, the following may be subject to conditions under the NFIP and the Federal Clean Water Act, sections 401 and 404:
A. The construction of bridges, culverts, dikes and other structures necessary for the construction of public highways, roads, and streets intersecting or crossing a watercourse;
B. The construction of storage dams for watering livestock or wildlife; structures on banks of a watercourse to prevent erosion of, or damage to, adjoining land, provided that the structure will not divert, retard, or obstruct the natural channel of the watercourse; or dams for the conservation of flood waters as permitted by Title 45, Chapter 6, of A.R.S. Section 45-1201, et seq.;
C. Construction of tailing dams and waste-disposal areas used in connection with mining and metallurgical operations. This subsection does not exempt those sand and gravel operations that will divert, retard or obstruct the flow of waters in a watercourse from complying with and acquiring authorization from the board pursuant to the regulations adopted by the board under this title;
D. Other construction, if the board determines that written authorization is unnecessary;
E. Construction by any district, county, city, town, or other political subdivision exercising powers granted to it under Title 48, Chapter 21, Article 1 of A.R.S. Section 48-3601, et seq.;
F. The construction by a public agency or political subdivision of streams, waterways, lakes, and other auxiliary facilities in conjunction with development of public parks and recreation facilities;
G. The construction and erection of poles, towers, foundations, support structures, guy wires, and other facilities related to power transmission, constructed by any utility, whether a public service corporation or a political subdivision.
(Ord. 2005 FC-2 § 2 (part), 2005; Ord. 1999 FC-1 § 1 (part), 1999; Ord. 1988 FC-2 Art. 5 (B), 1988)