(A) In accordance with section 59.2(b) of CFR 44, Chapter 1, of the National Flood Insurance Program (NFIP) Regulations, to qualify for the sale of federally subsidized flood insurance, a community must adopt floodplain management regulations that meets or exceeds the minimum standards of section 60. “These regulations must include effective enforcement provisions.” In accordance with section 60.1(b) of CFR 44, Chapter 1, 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.”
(B) Therefore, no structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations.
(C) Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not to exceed the current maximum penalty for conviction of a Class 2 misdemeanor from time to time in effect under South Dakota Code or imprisoned for not more than 30 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case.
(D) Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. 2022-4, passed 3-21-2022)