(A) Designation of Floodplain Administrator. The Floodplain Administrator is hereby appointed to administer and implement the provisions of this chapter and other appropriate sections of 44 C.F.R. (National Flood Insurance Program Regulations) pertaining to floodplain management.
(Prior Code, § 8-31)
(B) Duties and responsibilities of Floodplain Administrator. The duties of the Floodplain Administrator shall include, but not be limited to, the following.
(1) Permit review. The Floodplain Administrator shall:
(a) Review, approve or deny all applications for development permits to determine that the permit requirements of this chapter have been satisfied;
(b) Review all development permits to determine that all necessary permits have been obtained from federal, state or local governmental agencies (including § 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required;
(c) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of § 151.48(A) are met; and
(d) Review permit application to determine whether proposed building site, including the placement of manufactured homes, will be reasonably safe from flooding.
(2) Use of other base flood data. When base flood elevation data has been provided in accordance with § 151.08, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from any federal, state or other source as criteria for requiring that new construction, substantial improvements or other development in Zone A are administered in accordance with § 151.46.
(3) Information to be obtained and maintained. The Floodplain Administrator shall:
(a) Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures and whether or not the structure contains a basement;
(b) For all new or substantially improved floodproofed structures:
1. Verify and record the actual elevation (in relation to mean sea level) to which the structure has been floodproofed; and
2. Maintain the floodproofing certifications required in § 151.26(C).
(c) Maintain and hold open for public inspection all records pertaining to the provisions of this chapter.
(4) Alteration of watercourses. The Floodplain Administrator shall:
(a) Notify, in riverine situations, adjacent communities, the State Office of Emergency Management and the State Coordinating Agency, which is the Water Management Board, pursuant to SDCL § 46-1-6, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency; and
(b) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.
(5) Interpretation of FIRM boundaries. The Floodplain Administrator shall make interpretations, where 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 person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in § 151.29.
(6) No designated regulator floodway. When a regulatory floodway has not been designated, the Floodplain Administrator 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.
(7) Development. Under the provisions of 44 C.F.R. § 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 community first applies for a conditional FIRM revision through FEMA (conditional letter of map revision).
(Prior Code, § 8-32)
(Ord. 1153, passed 3-19-2012)