(A) In accordance with 44 C.F.R. § 59.2(b) of the National Flood Insurance Program (NFIP) regulation, to qualify for the sale of federally subsidized flood insurance, a community must adopt floodplain management regulations that meet or exceed the minimum standards of 44 C.F.R. § 60. These regulations must include effective enforcement provisions. In accordance with 44 C.F.R. § 60.1(b) 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) 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. 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.
(Prior Code, § 8-83) (Ord. 1153, passed 3-19-2012)
Statutory reference:
Penalty for violation of ordinances, see SDCL § 9-19-3