CHAPTER 150: FLOOD DAMAGE PREVENTION
Section
General Provisions
   150.01   Statutory authorization
   150.02   Findings of fact
   150.03   Statement of purpose
   150.04   Methods of reducing flood losses
   150.05   Definitions
   150.06   Applicability
   150.07   Basis for establishing special hazard areas
   150.08   Establishment of development permit
   150.09   Compliance
   150.10   Abrogation and greater restrictions
   150.11   Interpretation
   150.12   Warning and disclaimer or liability
   150.13   Severability
Administration
   150.25   Designation of the Floodplain Administrator
   150.26   Duties and responsibilities
   150.27   Permit procedures
   150.28   Variance procedures
Flood Hazard Reduction
   150.40   General standards
   150.41   Standards for subdivision proposals
   150.42   Penalties for noncompliance
   150.43   Certification
 
   150.99   Penalty
GENERAL PROVISIONS
§ 150.01 STATUTORY AUTHORIZATION.
   (A)   The legislature of the state has in SDCL Ch. 9-36 and § 7-18-14 delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses.
   (B)   Therefore, the Board of Commissioners does ordain as follows:
      (1)   The city elects to comply with the requirements of the National Flood Insurance Act of 1968 (P.L. 90-488, as amended).
      (2)   The National Flood Insurance Program, established in the aforesaid act, provides that areas of the town having a special flood hazard be identified by the Federal Emergency Management Agency and that floodplain management measures be applied in such flood hazard areas. The National Flood Insurance Program, being 42 U.S.C. §§ 4001 through 4128 was broadened and modified with the passage of the Flood Disaster Protection Act of 1973, being 42 U.S.C. §§ 4001 et seq. and other legislative measures. It was further modified by the National Flood Insurance Reform Act of 1994, being 42 U.S.C. §§ 4001 et seq.
      (3)   The National Flood Insurance Program is administered by the Federal Emergency Management Agency, a component of the U.S. Department of Homeland Security.
(Ord. 23, passed 8-19-2010)
§ 150.02 FINDINGS OF FACT.
   (A)   The flood hazard areas of the city are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety, and general welfare.
   (B)   These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazards areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, flood-proofed, or otherwise protected from flood damage.
(Ord. 23, passed 8-19-2010)
§ 150.03 STATEMENT OF PURPOSE.
   It is the purpose of this chapter to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
   (A)   Protect human life and health;
   (B)   Minimize expenditure of public money for costly flood control projects;
   (C)   Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
   (D)   Minimize prolonged business interruptions;
   (E)   Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer lines, streets, and bridges located in floodplains;
   (F)   Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and
   (G)   Ensure that potential buyers are notified that property is in a flood area.
(Ord. 23, passed 8-19-2010)
§ 150.04 METHODS OF REDUCING FLOOD LOSSES.
   In order to accomplish its purposes, this chapter uses the following methods:
   (A)   Restrict or prohibit uses that are dangerous to health, safety, or property in times of flood or cause excessive increases in flood heights or velocities;
   (B)   Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
   (C)   Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters;
   (D)   Control filling, grading, dredging, and other development which may increase flood damage; and
   (E)   Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands.
(Ord. 23, passed 8-19-2010)
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