(A) Development shall not diminish the flood carrying capacity of a watercourse. If any watercourse will be altered or relocated as a result of the proposed development the applicant must submit certification by a registered professional engineer that the flood carrying capacity of the watercourse will not be diminished.
(B) Applicant will be responsible for obtaining all necessary permits from governmental agencies from which approval is required by federal or state law, including but not limited to § 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334; the Endangered Species Act of 1973, 16 U.S.C. 1531-1544; and State of Oregon Division of State Lands regulations.
(C) If the altered or relocated watercourse is part of an area of special flood hazard, the applicant shall notify adjacent communities and Oregon Department of Land Conservation and Development prior to any alteration or relocation of the watercourse. Evidence of notification must be submitted to the Floodplain Administrator and to the Federal Emergency Management Agency as set forth in § 151.030.
(D) The applicant shall be responsible for ensuring necessary maintenance for the altered or relocated portion of the watercourse is provided so that the flood carrying capacity will not be diminished.
(E) The applicant shall meet the requirements to submit technical data in § 151.030 when an alteration of a watercourse results in the expansion, relocation or elimination of the special flood hazard area.
(Ord. 259, passed 3-17-2011; Ord. 286, passed 12-7-2017) Penalty, see § 151.999