(A) In accordance with A.R.S. § 48-3609, nothing in this chapter shall:
(1) Affect existing uses of property or the right to continuation of the use under conditions which existed on January 15, 1987;
(2) Affect repair or alteration of property for the purposes for which the property was used on January 15, 1987; providing the repair or alteration does not exceed 50% of the value of the property prior to the repair or alteration; and provided the repair or alteration does not decrease the carrying capacity of the watercourse; or
(3) Affect or apply to facilities constructed or installed pursuant to a certificate of environmental compatibility issued under the authority of A.R.S. Title 40, Chapter 2, Article 6.2.
(B) In accordance with A.R.S. § 48-3613, written authorization shall not be required, nor shall the Floodplain Board prohibit:
(1) The construction of bridges, culverts, dikes and other structures necessary to the construction of public highways, roads and streets intersecting a watercourse;
(2) The construction of storage dams for watering livestock or wildlife, structures on banks of a creek, stream, river, wash, arroyo or other watercourse to prevent erosion of or damage to adjoining land, or dams for the conservation of floodwaters as permitted by A.R.S. Title 48, Chapter 21;
(3) Construction of tailing dams and waste disposal areas for use in connection with mining and metallurgical operations. This division (B)(3) does not exempt those sand and gravel operations which will divert, retard or obstruct the flow of waters in any watercourse; or
(4) Any flood control district, or other political subdivision, from exercising powers granted to it under A.R.S. Title 45, Chapter 10.
(C) Before any construction authorized by division (B) of this section may begin, the responsible person must submit plans for the construction to the Floodplain Board for review and comment.
(D) These exemptions do not preclude any person from liability if that person’s actions increase flood hazards to any other person or property.
(1991 Code, § 16-3-7) (Ord. 55, passed 12-15-1986)