§ 154.150  FLOODPLAIN OVERLAY DISTRICT (FP).
   (A)   Purpose.  The purpose of the FP Overlay District is to promote the public health, safety and general welfare, and to minimize public and private losses due to flood damage by establishing methods and provisions designed to recognize hazards.
   (B)   Area of application.
      (1)   The provisions of this section shall apply to all floodplain areas in the county, and includes those areas of special flood hazard identified by the Federal Insurance Administration as contained in the flood insurance study for the county and shown in detail on the Flood Insurance Rate Map (FIRM) as adopted by the Flood Emergency Management Agency (FEMA), which study and map are hereby adopted by reference and declared to be a part of this section.
      (2)   (a)   The FP Overlay District shall be combined with at least 1 underlying zoning district, and may be combined with any zoning district pursuant to this chapter.
         (b)   All property within the FP Overlay District shall be subject both to the provisions of this
section and to the provisions of the underlying zoning district.
         (c)   Nothing in this section shall be construed as a waiver or suspension of the provisions of any underlying zoning district.
   (C)   Use of other base flood data.  In areas of the FP Overlay District for which flood elevation data are not provided by the FIRM in accordance with division (B) above, the applicant shall adhere to a base flood elevation appropriate in the area and which is at least 2 feet.
   (D)   Floodplain overlay district use provisions.
      (1)   All uses of land and water provided for in the underlying zoning district may be permitted in the FP Overlay District, with the provisions that those uses shall require a floodplain development permit, and shall be subject to the provisions set forth in divisions (E) through (N) below.
      (2)   The following uses shall not require a floodplain development permit unless the uses involve fill or are otherwise determined to constitute construction or development:
         (a)   Signs, markers, aids, and the like, placed by a public agency to serve the public;
         (b)   Residential uses such as lawns, gardens, parking areas and play areas;
         (c)   Agricultural uses such as farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, sod farming and wild crop harvesting;
         (d)   Open spaces; and
         (e)   Bike paths.
   (E)   Floodplain development permit application.
      (1)   (a)   Except as provided in division (D) above, a floodplain development permit shall be obtained before the start of any construction or development within the FP Overlay District.
         (b)   In the event a variance is necessary for construction within the floodplain, the application shall be processed in conjunction with the floodplain permit application, and shall be subject to the provisions of National Flood Insurance Program in addition to applicable provisions of this chapter.
      (2)   A floodplain development permit may be authorized pursuant to the Type A application procedure set forth in § 154.075 and subject to compliance with the review criteria listed in divisions (F) through (L).
      (3)   The following information may be required to be provided by the applicant:
         (a)   Land elevation data expressed in feet above mean sea level, and topographic characteristics of the development site.
         (b)   Base flood level on the site expressed in feet above mean sea level.
         (c)   Plot plan, drawn to scale, showing location of existing and proposed structures, fill and other development; elevation of the lowest floor, of all structures; and locations and elevations of streets, water supply and sanitary facilities.
         (d)   Elevation, expressed in feet above mean sea level, to which any structure has been floodproofed.
         (e)   Certification by a registered professional engineer or architect that the proposed floodproofing methods for any nonresidential structure meet the floodproofing criteria in division (H) below.
         (f)   Specific data regarding the extent to which any watercourse and/or arroyo will be altered or relocated as a result of the proposed development.
         (g)   Any additional statements, maps or information demonstrating existing or historical flooding conditions or characteristics which may aid in determining compliance with the flood protection standards of this chapter.
   (F)   Floodplain development permit criteria.  Prior to issuance of a floodplain development permit, the applicant must demonstrate:
      (1)   The proposed development conforms with the use provisions, standards and limitations of the underlying zoning district and other overlay district.
      (2)   The proposed development, if located within any designated floodway, satisfies the provisions of division (I) below.
      (3)   The proposed development will not increase the water surface elevation of the base flood more than 1 foot at any point.
      (4)   All applicable permits have been obtained from federal, state or local governmental agencies, and all applicable National Flood Insurance Program requirements have been satisfied.
      (5)   The proposed development is consistent with the goals and policies of the comprehensive plan adopted by Valencia County.
   (G)   Floodplain overlay district general standards.  In all areas within the FP Overlay District the following standards shall apply:
      (1)   Anchoring.
         (a)   All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
         (b)   Elevation of a structure on fill above the base flood level shall be considered to satisfy the anchoring requirement.
      (2)   Construction materials methods and certification.
         (a)   All new construction and substantial improvements to existing structures shall be constructed with materials and utility equipment resistant to flood damage.
         (b)   All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
         (c)   Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
         (d)   All nonresidential construction shall include certification by a registered professional engineer or architect that the standards of this division are satisfied based on their development and/or review of the structural design, specifications and plans.
      (3)   Utilities and services.
         (a)   All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
         (b)   New and replacement sanitary sewage systems shall be designed and located to minimize or eliminate flood water infiltration and contamination resulting from discharge of effluent consistent with the requirements of the New Mexico State Environmental Department.
         (c)   On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
      (4)   Subdivision proposals.
         (a)   No new subdivisions shall be allowed in floodway areas.
         (b)   New subdivisions in flood fringe areas shall be subject to the following.
            1.   All subdivision proposals shall be consistent with the requirement to minimize flood damage.
            2.   All subdivision proposals shall have public utilities and facilities, such as sewer, gas,
electrical and water systems, located and constructed to minimize flood damage.
            3.   All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
            4.   Base flood elevations, if published by FEMA, in feet above mean sea level shall be provided for all subdivision proposals as stated by NMSA § 47-6-1 et seq., as the same may be from time to time amended, and any other proposed developments which contain at least 5 lots or 10 acres, whichever is less, in the FP Overlay District.
      (5)   Fills and levees.
         (a)   Except for approved relocation of a water course, no fill or levee shall extend into a floodway area.
         (b)   Fills or levees in a flood fringe area shall be subject to the following.
            1.   Fills shall consist only of natural materials such as earth or soil aggregate and including sand, gravel and rock, concrete and metal.
            2.   Any fill or levee must be shown to have a beneficial purpose and therefore to be no greater than is necessary to achieve that purpose, as demonstrated by a plan submitted by the owner showing the uses to which the filled or diked land will be put and the final dimensions of the proposed fill.
            3.   The fill or levee shall be protected against erosion by vegetative cover, rip-rap, bulk heading or similar provisions.
            4.   Proof of authorization or permit from the United States Army Corps of Engineers.
   (H)   Specified standards for areas where base flood elevation data are available.  In the FP Overlay District where base flood elevation data have been provided, as set forth in divisions (B) or (C) above, the following standards shall apply:
      (1)   (a)   For any new residential construction of any residential structure, the lowest floor level shall be 1 foot above the base flood elevation.
         (b)   New construction and substantial improvement of any commercial, industrial or other nonresidential structures and accompanying utility and sanitary facilities shall either have the lowest floor, elevated to the level of the base flood elevation or be subject to the following:
            1.   Be floodproofed so that all portions of the structure below the base flood level are watertight, with walls that are substantially impermeable to the passage of water; and
            2.   Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
      (2)   For the placement of a manufactured home the lowest floor level shall be 1 foot above the base flood elevation.  In addition, the mobile home must be elevated on a permanent foundation pursuant to § 154.172.
   (I)   Floodway or watercourse development provisions.
      (1)   The placement of any dwelling in the floodway shall be prohibited.
      (2)   Except those uses provided for in division (D) above, all development in the floodway shall be prohibited unless certification is provided by a registered professional engineer or architect that the proposal will not result in any increase in flood levels during the occurrence of the base flood discharge.
      (3)   For any proposed alteration or relocation of a floodway or watercourse, a floodplain development permit shall be required, and approval of the permit shall be subject to the following additional requirements.
         (a)   Adjacent communities and the Office of the New Mexico State Engineer shall be
notified by the applicant of any proposed alteration or relocation of a watercourse, and evidence of the notification shall be submitted to the Federal Insurance Administration and the Department.
         (b)   Proof of authorization or permit from the United States Army Corps of Engineers.
         (c)   It shall be the applicant's responsibility to maintain the altered or relocated portion of the watercourse so that its flood carrying capacity is not diminished.
   (J)   Review of permits in generalized floodplain areas.
      (1)   (a)   Where specific flood elevation data are not available, pursuant to divisions (C) and (D), applications for floodplain development permits shall be reviewed to ensure that the proposed development will be reasonably safe from flooding or resistant to flood damage.
         (b)   In determining whether the proposed floodplain development is reasonably safe, historical data, high water marks, photographs of past flooding, and the like may be utilized, where available.
      (2)   In addition to the applicable requirements of this section, the following factors may be considered when reviewing a floodplain development permit for any proposal in an area where specific flood elevation data are not available:
         (a)   The danger to life and property due to increased flood heights or velocities caused by encroachments;
         (b)   The danger that materials may be swept onto other lands or downstream to the injury of others;
         (c)   The proposed water supply and sanitation systems and the ability of those systems to prevent disease, contamination and unsanitary conditions;
         (d)   The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
         (e)   The importance of the services provided by the proposed facility to the community;
         (f)   The compatibility of the proposed use with existing and anticipated development;
         (g)   The requirements of the facility for a waterfront location;
         (h)   The relationship of the proposed use to the comprehensive plan and any floodplain management program of the area;
         (I)   The safety of access to the property in times of flood for ordinary and emergency vehicles; and
         (j)   The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site.
   (K)   Conditions of approval.
      (1)   In approving an application for a floodplain development permit, the decision-making body may impose conditions as it deems appropriate to ensure the intent of this section is carried out. 
      (2)   These conditions shall be reasonably related to the applicable criteria and standards set forth in divisions (H) through (J) above.
   (L)   General requirements.  Any floodplain development permit authorized pursuant to this chapter shall be subject to the following additional requirements.
      (1)   An authorized floodplain development permit is not personal to the applicant and shall be deemed to run with the land, provided the subsequent owner or developer adheres to the specific proposal originally approved and complies with conditions of approval.
      (2)   (a)   A floodplain development permit involving construction shall become null and void 1 year from the date it is granted unless substantial construction has taken place.
         (b)   The Department may extend the permit for an additional 1 year period upon receipt of a written request for extension from the applicant demonstrating good cause for the delay and provided that the request to extend the permit is received by the Department prior to the expiration date of the permit. 
         (c)   In the event that a permit expires prior to renewal, the Department may require a new application fee.
      (3)   Where, base flood elevation data has been provided, as set forth in divisions (B) or (C) above, the actual elevation (in relation to mean sea level) of the lowest floor, of all new residential structures or of all new or substantially improved commercial structures must be obtained from the applicant and the elevations must be recorded on the building permit and or the elevation certificate provided by a FEMA representative or the County Building Inspector.
      (4)   For all new or substantially improved floodproofed structures, the County Building Inspector must verify and record the actual elevation of the structure (in relation to mean sea level) and maintain the floodproofing certifications required in division (G) above.
      (5)   All records pertaining the provisions of this section are to be maintained for public inspection.
   (M)   Appeals.  Appeal of any decision made pursuant to this section shall be as provided in § 154.062 of this chapter.
   (N)   Warning and disclaimer of liability.  The degree of flood protection required by this section is considered reasonable for regulatory purposes.  Larger floods may occur on rare occasions.  Flood heights may be increased by manmade or natural causes.  This section does not imply that areas outside of the FP Overlay District or uses permitted within this district will be free from flooding or flood damages.  This section shall not create liability on the part of Valencia County or any officer or employee thereof, for any flood damages that result from reliance on this section or any decision lawfully made hereunder.
   (O)   Map revisions.  Floodplain/floodway maps may be revised in accordance with provisions of the National Flood Insurance Program outlined in the Federal Register 44 C.R.F. Part 70, upon approval of the Federal Emergency Management Agency.
(Ord. 2004-05, passed 9-15-2004)  Penalty, see § 154.999