§ 156.051  DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR AND DESIGNATED STAFF.
   Duties and responsibilities of the floodplain administrator and designated staff shall include, but not be limited to, the following:
   (a)   Maintain and hold open for public inspection all records pertaining to the provisions of §§ 156.051 and 156.052;
   (b)   Review floodplain development permit application to determine whether proposed building site, including the placement of manufactured homes, will be reasonably safe from flooding;
   (c)   Review, approve, or deny all applications for floodplain development permits required by adoption of this chapter;
   (d)   Review permits for proposed development to assure that all necessary permits have been obtained from those federal, state or local governmental agencies (including § 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1334, and the Endangered Species Act (ESA) of 1973) from which prior approval is required;
   (e)   Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the floodplain administrator or designated staff shall make the necessary interpretation;
   (f)   Notify, in riverine situations, adjacent communities and the state coordinating agency which is the water management board authorized by SDCL 46-1-6, prior to any alteration or relocation of a watercourse, and submit evidence of the notification to the Federal Emergency Management Agency;
   (g)   Assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained;
   (h)   When base flood elevation data has not been provided in accordance with § 156.031, the floodplain administrator or designated staff shall obtain, review, and reasonably utilize any base flood elevation data and floodway data available from a federal, state, or other source in order to administer the provisions of §§ 156.060 through 156.068;
   (i)   When a regulatory floodway has not been designated, the floodplain administrator or designated staff must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community’s FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community;
   (j)   Under the provisions of 44 C.F.R. Chapter 1, § 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones A1-30, AE, AH on the community’s FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the applicant first applies for a conditional FIRM revision through FEMA (conditional letter of map revision).
   (k)   Upon receipt of a floodplain development permit request, the floodplain administrator or designated staff shall compare the elevation of the site to the base flood elevation. A development project is not subject to the requirements of this chapter (with the exceptions of restrictions specifically set by this chapter for areas outside the regulated floodplain) if the development project is entirely located on a portion of the land that can be shown to be:
      (1)   Outside the protected area; and
      (2)   Higher than the base flood elevation.
   (l)   The floodplain administrator or designated staff shall inform the applicant that the project, permit, or development may still be subject to the flood insurance purchase requirements unless the owner receives a Letter of Map Amendment from FEMA.
(1992 Code, § 45-15)  (Ord. 70-09, passed 8-3-2009; Ord. 85-11, passed 11-14-2011; Ord. 94- 16, passed 8-2-2016; Ord. 77-21, passed 7-6-2021)