TITLE 11
FLOOD CONTROL
CHAPTER 1
FLOOD DAMAGE PREVENTION
SECTION:
11-1-1: Statutory Authorization, Findings Of Fact, Purpose, And Objectives
11-1-2: Definitions
11-1-3: General Provisions
11-1-4: Administration
11-1-5: Provisions For Flood Hazard Reduction
11-1-6: Legal Status Provisions
11-1-1: STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE, AND OBJECTIVES:
   A.   Statutory Authority:
      1.   The legislature of the State of Idaho, pursuant to Idaho Code sections 46-1020, 46-1023, and 46-1024, authorizes local governments to adopt floodplain management ordinances that identify floodplains and minimum floodplain development standards to minimize flood hazards and protect human life, health, and property. Therefore, the Board of Commissioners of Valley County, Idaho, does hereby ordain the following provisions.
      2.   Section 9-6-2, "Flood Prone Areas", of this Code contains an overlay that should be used in conjunction with this title.
   B.   Findings Of Fact:
      1.   The flood hazard areas of Valley County are subject to periodic inundation that results in:
         a.   Loss of life and property;
         b.   Health and safety hazards;
         c.   Disruption of commerce and governmental services;
         d.   Extraordinary public expenditures for flood relief and protection; and
         e.   Impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
      2.   These flood losses are caused by structures in flood hazard areas, which are inadequately elevated, floodproofed, or otherwise unprotected from flood damages, and by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities.
      3.   Local government units have the primary responsibility for planning, adopting, and enforcing land use regulations to accomplish proper floodplain management.
   C.   Statement Of Purpose: The purpose of this chapter is to promote public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
      1.   Protect human life, health, and property;
      2.   Minimize damage to public facilities and utilities such as water purification and sewage treatment plants, water and gas mains, electric, telephone and sewer lines, streets, and bridges located in floodplains;
      3.   Help maintain a stable tax base by providing for the sound use and development of flood prone areas;
      4.   Minimize expenditure of public money for costly flood control projects;
      5.   Minimize the need for rescue and emergency services associated with flooding, generally undertaken at the expense of the general public;
      6.   Minimize prolonged business interruptions;
      7.   Ensure potential buyers are notified the property is in an area of special flood hazard; and
      8.   Ensure those who occupy the areas of special flood hazard assume responsibility for their actions.
   D.   Objectives And Methods Of Reducing Flood Losses: In order to accomplish its purpose, this chapter includes methods and provisions to:
      1.   Require that development which is vulnerable to floods, including structures and facilities necessary for the general health, safety, and welfare of citizens, be protected against flood damage at the time of initial construction;
      2.   Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which increase flood heights, velocities, or erosion;
      3.   Control filling, grading, dredging, and other development which may increase flood damage or erosion;
      4.   Prevent or regulate the construction of flood barriers that will unnaturally divert floodwaters or that may increase flood hazards to other lands;
      5.   Preserve and restore natural floodplains, stream channels, and natural protective barriers which carry and store floodwaters. (Ord. 19-03, 1-7-2019)
11-1-2: DEFINITIONS:
Unless specifically defined below, words or phrases used in this chapter shall be interpreted according to the meaning they have in common usage and to give this chapter its most reasonable application.
   ACCESSORY STRUCTURE (APPURTENANT STRUCTURE): A structure on the same lot or parcel as a principal structure, the use of which is incidental and subordinate to the principal structure.
   ADDITION (To An Existing Building): An extension or increase in the floor area or height of a building or structure.
   APPEAL: A request for review of the Floodplain Coordinator's interpretation of provisions of this chapter or request for a variance.
   AREA OF SHALLOW FLOODING: A designated AO, AH, AR/AO, or AR/AH Zone on a community's Flood Insurance Rate Map (FIRM) with a one percent (1%) or greater annual chance of flooding to an average depth of one foot (1') to three feet (3') where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
   AREA OF SPECIAL FLOOD HAZARD: See definition of special flood hazard area (SFHA).
   BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year.
   BASE FLOOD ELEVATION (BFE): A determination by the Federal Insurance Administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent (1%) or greater chance of occurrence in any given year. When the BFE has not been provided in a special flood hazard area, it may be obtained from engineering studies available from a Federal, State, or other source using FEMA-approved engineering methodologies. This elevation, when combined with the freeboard, establishes the flood protection elevation.
   BASEMENT: Any area of the building having its floor subgrade (below ground level) on all sides.
   BUILDING: See definition of structure.
   CRITICAL FACILITIES: Facilities that are vital to flood response activities or critical to the health and safety of the public before, during, and after a flood, such as a hospital, emergency operations center, electric substation, police station, fire station, nursing home, school, vehicle and equipment storage facility, or shelter; and facilities that, if flooded, would make the flood problem and its impacts much worse, such as a hazardous materials facility, power generation facility, water utility, or wastewater treatment plant.
   DATUM: The vertical datum is a base measurement point (or set of points) from which all elevations are determined. Historically, that common set of points was the National Geodetic Vertical Datum of 1929 (NGVD29). The vertical datum currently adopted by the Federal government as a basis for measuring heights is the North American Vertical Datum of 1988 (NAVD88).
   DEVELOPMENT: Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
   DEVELOPMENT ACTIVITY: Any activity defined as development which will necessitate a floodplain development permit; such as: the construction of buildings, structures, or accessory structures; additions or substantial improvements to existing structures; bulkheads, retaining walls, piers, and pools; the placement of mobile homes; or the deposition or extraction of materials; the construction or elevation of dikes, berms and levees.
   DIGITAL FLOOD INSURANCE RATE MAP (DFIRM): The digital official map of a community, issued by the Federal Emergency Management Agency, on which both the special flood hazard areas and the risk premium zones applicable to the community are delineated.
   ELEVATED BUILDING: For insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
   ELEVATION CERTIFICATE: The Elevation Certificate is an important administrative tool of the NFIP. It is used to determine the proper flood insurance premium rate; it is used to document elevation information; and it may be used to support a request for a Letter of Map Amendment (LOMA) or Letter of Map Revision Based On Fill (LOMR-F).
   ENCLOSURE: An area enclosed by solid walls below the BFE/FPE or an area formed when any space below the BFE/FPE is enclosed on all sides by walls or partitions. Insect screening or open wood lattice used to surround space below the BFE/FPE is not considered an enclosure.
   ENCROACHMENT: The advance or infringement of uses, fill, excavation, buildings, structures, or development into a floodplain, which may impede or alter the flow capacity of a floodplain.
   EXISTING CONSTRUCTION: For the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures".
   EXISTING STRUCTURES: See definition of existing construction.
   FLOOD ELEVATION DETERMINATION: See definition of base flood elevation (BFE).
   FLOOD ELEVATION STUDY: See definition of Flood Insurance Study (FIS).
   FLOOD INSURANCE RATE MAP (FIRM): An official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).
   FLOOD INSURANCE STUDY (FIS): An examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations; or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.
   FLOOD OR FLOODING: A. A general and temporary condition of partial or complete inundation of normally dry land areas from:
      1.   The overflow of inland or tidal waters.
      2.   The unusual and rapid accumulation or runoff of surface waters from any source.
      3.   Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection A2 of this definition and are similar to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
   B.   The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection A1 of this definition.
   FLOOD PROTECTION ELEVATION (FPE): The base flood elevation plus the freeboard.
   A.   In "special flood hazard areas" where base flood elevations (BFEs) have been determined, this elevation shall be the BFE plus two feet (2') of freeboard; and
   B.   In "special flood hazard areas" where no BFE has been established, this elevation shall be at least two feet (2') above the highest adjacent grade.
   FLOOD PROTECTION SYSTEM: Those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes dams, reservoirs, levees, or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.
   FLOOD ZONE: A geographical area shown on a Flood Insurance Rate Map (FIRM) that reflects the severity or type of flooding in the area, and applicable insurance rate.
   FLOODPLAIN COORDINATOR: The individual appointed to administer and enforce the floodplain management regulations. Also referred to as "Administrator".
   FLOODPLAIN DEVELOPMENT PERMIT: Any type of permit that is required in conformance with the provisions of this chapter, prior to the commencement of any development activity.
   FLOODPLAIN MANAGEMENT: The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.
   FLOODPLAIN MANAGEMENT REGULATIONS: Zoning ordinances, subdivision regulations, Building Codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance, and erosion control ordinance), and other applications of police power. The term describes such State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
   FLOODPLAIN OR FLOOD-PRONE AREA: Any land area susceptible to being inundated by water from any source (see definition of "flooding").
   FLOODPROOFING: Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
   FLOODWAY: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation.
   FREEBOARD: A factor of safety usually expressed in feet above a flood level for the purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, obstructed bridge openings, debris and ice jams, and the hydrologic effects of urbanization in a watershed. The base flood elevation (BFE) plus the freeboard establishes the flood protection elevation (FPE). Freeboard shall be two feet (2').
   FUNCTIONALLY DEPENDENT USE: A facility that cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, or ship repair facilities. The term does not include long-term storage, manufacture, sales, or service facilities.
   HIGHEST ADJACENT GRADE (HAG): The highest natural elevation of the ground surface prior to construction, adjacent to the proposed walls of a structure. Refer to the FEMA Elevation Certificate for HAG related to building elevation information.
   HISTORIC STRUCTURE: A structure that is:
   A.   Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
   B.   Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered Historic District or to a district preliminarily determined by the Secretary to qualify as a registered Historic District;
   C.   Individually listed on a State inventory of historic places and determined as eligible by states with historic preservation programs which have been approved by the Secretary of the Interior; or
   D.   Individually listed on a local inventory of historic places and determined as eligible by communities with historic preservation programs that have been certified either:
      1.   By an approved State program as determined by the Secretary of the Interior, or
      2.   Directly by the Secretary of the Interior in states without approved programs.
   LETTER OF MAP CHANGE (LOMC): A general term used to refer to the several types of revisions and amendments to FEMA maps that can be accomplished by letter. They include Letter of Map Amendment (LOMA), Letter of Map Revision (LOMR), and Letter of Map Revision Based On Fill (LOMR-F).
      Conditional Letter Of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map (FIRM) or Flood Insurance Study (FIS). Upon submission and approval of certified as-built documentation, a Letter of Map Revision (LOMR) may be issued by FEMA to revise the effective FIRM. Building permits and/or flood development permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.
      Letter Of Map Amendment (LOMA): An official amendment, by letter, to an effective National Flood Insurance Program (NFIP) map. A LOMA establishes a property's or structure's location in relation to the special flood hazard area (SFHA). LOMAs are usually issued because a property or structure has been inadvertently mapped as being in the floodplain but is actually on natural high ground above the base flood elevation.
      Letter Of Map Revision (LOMR): FEMA's modification to an effective Flood Insurance Rate Map (FIRM). LOMRs are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or the special flood hazard area (SFHA). The LOMR officially revises the Flood Insurance Rate Map (FIRM) and sometimes the Flood Insurance Study (FIS) report, and when appropriate, includes a description of the modifications. The LOMR is generally accompanied by an annotated copy of the affected portions of the FIRM or FIS report.
      Letter Of Map Revision Based On Fill (LOMR-F): FEMA's modification of the special flood hazard area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway. The LOMR-F does not change the FIRM or FIS report.
   LEVEE: A man-made structure, usually an earthen embankment, designed and constructed according to sound engineering practices, to contain, control, or divert the flow of water so as to provide protection from temporary flooding.
   LEVEE SYSTEM: A flood protection system that consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.
   LOWEST ADJACENT GRADE (LAG): The lowest point of the ground level next to the structure. Refer to the FEMA Elevation Certificate for LAG related to building elevation information.
   LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 CFR section 60.3 and this chapter.
   MANUFACTURED HOME: A structure, transportable in one or more sections, built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle".
   MANUFACTURED HOME PARK OR SUBDIVISION: A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.
   MARKET VALUE: The building value, not including the land value and that of any accessory structures or other improvements on the lot. Market value may be established by independent certified appraisal; replacement cost depreciated for age of building and quality of construction (actual cash value); or adjusted tax assessed values.
   MEAN SEA LEVEL: For purposes of the National Flood Insurance Program (NFIP), the National Geodetic Vertical Datum (NGVD) of 1929 or other datum (such as North American Vertical Datum of 1988 - NAVD88) to which base flood elevations (BFEs) shown on a community's FIRM are referenced.
   MUDSLIDE (i.e., MUDFLOW): Describes a condition where there is a river, flow, or inundation of liquid mud down a hillside usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on the ground preceded by a period of unusually heavy or sustained rain. A mudslide (i.e., mudflow) may occur as a distinct phenomenon while a landslide is in progress, and will be recognized as such by the Administrator only if the mudflow, and not the landslide, is the proximate cause of damage that occurs.
   MUDSLIDE (i.e., MUDFLOW) AREA MANAGEMENT: The operation of an overall program of corrective and preventive measures for reducing mudslide (i.e., mudflow) damage, including but not limited to emergency preparedness plans, mudslide control works, and floodplain management regulations.
   MUDSLIDE (i.e., MUDFLOW) PRONE AREA: An area with land surfaces and slopes of unconsolidated material where the history, geology, and climate indicate a potential for mudflow.
   NATIONAL FLOOD INSURANCE PROGRAM (NFIP): The NFIP is a Federal program created by Congress to mitigate future flood losses nationwide through sound, community-enforced building and zoning ordinances and to provide access to affordable, Federally backed flood insurance protection for property owners.
   NEW CONSTRUCTION: For floodplain management purposes, a structure for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
Any construction started after September 5, 1990, and before the effective start date of this chapter is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within one hundred eighty (180) days of permit issuance.
   POST-FIRM: Construction or other development for which the "start of construction" occurred on or after the effective date of the initial Flood Insurance Rate Map (FIRM).
   PRE-FIRM: Construction or other development for which the "start of construction" occurred before September 5, 1990, the effective date of the initial Flood Insurance Rate Map (FIRM).
   RECREATIONAL VEHICLE: A vehicle that is:
   A.   Built on a single chassis, and
   B.   Four hundred (400) square feet or less when measured at the largest horizontal projection, and
   C.   Designed to be self-propelled or permanently towed by a light duty truck, and
   D.   Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
   REGULATORY FLOODWAY: See definition of floodway.
   REMEDY A VIOLATION: To bring the structure or other development into compliance with State or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its non-compliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development.
   REPETITIVE LOSS STRUCTURE: A NFIP-insured structure that has had at least two (2) paid flood losses of more than one thousand dollars ($1,000.00) each in any 10-year period since 1978.
   RIVERINE: Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
   SPECIAL FLOOD HAZARD AREA (SFHA): The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year. For purposes of these regulations, the term "special flood hazard area" is synonymous in meaning with the phrase "area of special flood hazard".
   STRUCTURE: A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
   SUBDIVISION: Any division of land.
   SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent (50%) of its market value before the damage occurred. See definition of "substantial improvement".
   SUBSTANTIAL IMPROVEMENT: Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:
   A.   Any project for improvement of a structure to correct existing violations of State or local Health, Sanitary, or Safety Code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
   B.   Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure" and the alteration is approved by variance issued pursuant to this chapter.
   TECHNICAL BULLETINS AND TECHNICAL FACT SHEETS: FEMA publications that provide guidance concerning the building performance standards of the NFIP, which are contained in title 44 of the U.S. Code of Federal Regulations section 60.3. The bulletins and fact sheets are intended for use primarily by State and local officials responsible for interpreting and enforcing NFIP regulations and by members of the development community, such as design professionals and builders. New bulletins, as well as updates of existing bulletins, are issued periodically as needed. The bulletins do not create regulations. Rather they provide specific guidance for complying with the minimum requirements of existing NFIP regulations.
It should be noted that technical bulletins and technical fact sheets provide guidance on the minimum requirements of the NFIP regulations. State or community requirements that exceed those of the NFIP take precedence. Design professionals should contact the community officials to determine whether more restrictive State or local regulations apply to the building or site in question. All applicable standards of the State or local Building Code must also be met for any building in a flood hazard area.
   TEMPERATURE CONTROLLED: Having the temperature regulated by a heating and/or cooling system, built-in or appliance.
   VARIANCE: A grant of relief by the Governing Body from a requirement of this chapter.
   VIOLATION: The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the Finished Construction Elevation Certificate, other certifications, or other evidence of compliance required in 44 CFR section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
   WATER SURFACE ELEVATION: The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988 (or other specified datum), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
   WATERCOURSE: A lake, river, creek, stream, wash, channel, or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. (Ord. 19-03, 1-7-2019; amd. Ord. 21-08, 6-28-2021)
11-1-3: GENERAL PROVISIONS:
   A.   Lands To Which This Chapter Applies: This chapter shall apply to all special flood hazard areas within the jurisdiction of Valley County, Idaho, except for the City of McCall Impact Area. Nothing in this chapter is intended to allow uses or structures that are otherwise prohibited by the zoning ordinance.
   B.   Basis For Special Flood Hazard Areas: The special flood hazard areas identified by the Federal Insurance Administrator, a scientific and engineering report titled "The Flood Insurance Study (FIS) for Valley County, Idaho and Incorporated Areas", dated February 1, 2019, with accompanying Flood Insurance Rate Maps (FIRM) or Digital Flood Insurance Rate Maps (DFIRMs), and other supporting data, are adopted by reference and declared a part of this chapter. The FIS and the FIRM are on file at the Valley County Planning and Zoning Office located at 219 N. Main, Cascade, Idaho.
   C.   Establishment Of Floodplain Development Permit: A floodplain development permit shall be required in conformance with the provisions of this chapter prior to the commencement of any development activities within special flood hazard areas determined in accordance with the provisions of subsection 11-1-4B of this chapter.
   D.   Compliance: No structure or land shall hereafter be located, extended, converted, altered, or developed in any way without full compliance with the terms of this chapter and other applicable regulations.
   E.   Abrogation And Greater Restrictions: This chapter shall not in any way repeal, abrogate, impair, or remove the necessity of compliance with any other laws, ordinances, regulations, easements, covenants, or deed restrictions, etcetera. However, where this chapter and another conflict or overlap, whichever imposes more stringent or greater restrictions shall control.
   F.   Interpretation: In the interpretation and application of this chapter all provisions shall be:
      1.   Considered as minimum requirements;
      2.   Liberally construed in favor of the Governing Body; and
      3.   Deemed neither to limit nor repeal any other powers granted under State Statutes.
   G.   Warning And Disclaimer Of Liability: The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the special flood hazard areas or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of Valley County, Idaho, or by any officer or employee thereof for flood damages that result from reliance on this chapter or an administrative decision lawfully made hereunder.
   H.   Penalties For Violation: No structure or land shall hereafter be located, extended, converted, or altered unless in full compliance with the terms of this chapter and other applicable regulations.
Violation of the provisions of this chapter or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than one hundred dollars ($100.00) or imprisoned for not more than one hundred eighty (180) days, or both. Each day the violation continues shall be considered a separate offense. Nothing herein contained shall prevent Valley County, Idaho from taking such other lawful actions as is necessary to prevent or remedy any violation. (Ord. 19-03, 1-7-2019)
11-1-4: ADMINISTRATION:
   A.   Designation Of Administrator: The Planning and Zoning Administrator, hereinafter referred to as the "Floodplain Coordinator", is hereby appointed to administer and implement the provisions of this chapter.
   B.   Duties And Responsibilities Of The Floodplain Coordinator: The Floodplain Coordinator shall perform, but not be limited to, the following duties:
      1.   Review all floodplain development applications and issue permits for all proposed development within special flood hazard areas to assure that the requirements of this chapter have been satisfied.
      2.   Review all proposed development within special flood hazard areas to assure that all necessary local, State, and Federal permits have been received, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 USC 1334.
      3.   Notify adjacent communities and the Idaho Department of Water Resources State Coordinator for the National Flood Insurance Program (NFIP) prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Insurance Administrator (FIA). (This is the LOMC procedure.)
      4.   Assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained.
      5.   Prevent encroachments into floodways unless the certification and flood hazard reduction provisions of subsection 11-1-5E of this chapter are met.
      6.   Obtain and maintain actual elevation (in relation to mean sea level) of the lowest floor (including basement) and all attendant utilities of all new and substantially improved structures, in accordance with the provisions of subsection C3 of this section.
      7.   Obtain and maintain actual elevation (in relation to mean sea level) to which all new and substantially improved structures and utilities have been floodproofed, in accordance with the provisions of subsection C3 of this section.
      8.   Review plans to verify all public utilities reconstructed in accordance with the provisions of subsections 11-1-5A5 through A7 of this chapter.
      9.   When floodproofing is utilized for a particular structure, obtain and maintain certifications from a registered professional engineer or architect in accordance with the provisions of subsections C3 of this section and 11-1-5B2 of this chapter.
      10.   Where interpretation is needed as to the exact location of boundaries of the special flood hazard areas, or floodways (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this section.
      11.   When base flood elevation (BFE) data has not been provided in accordance with the provisions of subsection 11-1-3B of this chapter, obtain, review, and reasonably utilize any BFE data, along with floodway data available from a Federal, State, or other source, including data developed pursuant to subsection 11-1-5C2 of this chapter, in order to administer the provisions of this chapter.
      12.   When base flood elevation (BFE) data is provided but no floodway data has been provided in accordance with the provisions of subsection 11-1-3B of this chapter 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 (1') at any point within the community. (This is a Hydraulic and Hydrology Analysis.)
      13.   When the lowest floor and the lowest adjacent grade of a structure or the lowest ground elevation of a parcel in a special flood hazard area (SFHA) is above the base flood elevation (BFE), advise the property owner of the option to apply for a Letter of Map Amendment (LOMA) from FEMA. Maintain a copy of the LOMA issued by FEMA in the floodplain development permit file.
      14.   Permanently maintain all records that pertain to the administration of this chapter and make these records available for public inspection, recognizing that such information may be subject to the Privacy Act of 1974, as amended.
      15.   Make on-site inspections of work in progress. As the work pursuant to a floodplain development permit progresses, the Floodplain Coordinator shall make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of the local ordinance and the terms of the permit. In exercising this power, the Floodplain Coordinator has a right, upon presentation of proper credentials, to enter on any premises within the jurisdiction of the community at any reasonable hour for the purposes of inspection or other enforcement action.
      16.   Issue stop-work orders as required. Whenever a building or part thereof is being constructed, reconstructed, altered, or repaired in violation of this chapter, the Floodplain Coordinator may order the work to be immediately stopped. The stop-work order shall be in writing and directed to the person doing or in charge of the work. The stop-work order shall state the specific work to be stopped, the specific reason(s) for the stoppage, and the condition(s) under which the work may be resumed. Violation of a stop-work order constitutes a misdemeanor.
      17.   Revoke floodplain development permits as required. The Floodplain Coordinator may revoke and require the return of the floodplain development permit by notifying the permit holder in writing stating the reason(s) for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, and specifications; for refusal or failure to comply with the requirements of State or local laws; or for false statements or misrepresentations made in securing the permit. Any floodplain development permit mistakenly issued in violation of an applicable State or local law may also be revoked.
      18.   Make periodic inspections throughout the special flood hazard areas within the jurisdiction of the community. The Floodplain Coordinator and each member of his or her Inspections Department shall have a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action.
      19.   Follow through with corrective procedures of subsection D of this section.
      20.   Review, provide input, and make recommendations for variance requests.
      21.   Maintain a current map repository to include, but not limited to, the FIS Report, FIRM and other official flood maps, and studies adopted in accordance with the provisions of subsection 11-1-3B of this chapter, including any revisions thereto including Letters of Map Change, issued by FEMA. Notify the NFIP State Coordinator and FEMA of the community's mapping needs.
      22.   Coordinate revisions to FIS reports and FIRMs, including Letters of Map Revision Based On Fill (LOMR-Fs) and Letters of Map Revision (LOMRs).
      23.   A community's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six (6) months after the date such information becomes available, a community shall notify the Federal Insurance Administrator (FIA) of the changes by submitting technical or scientific data in accordance with this chapter. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.
      24.   Upon occurrence, notify the Federal Insurance Administrator (FIA) in writing whenever the boundaries of the community have been modified by annexation or the community has otherwise assumed or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that all FHBMs and FIRMs accurately represent the community's boundaries, include within such notification a copy of a map of the community suitable for reproduction, clearly delineating the new corporate limits or new area for which the community has assumed or relinquished floodplain management regulatory authority.
      25.   Determine if Valley County should hire a licensed engineer to review any information provided. If a licensed engineer is required it shall be at the expense of the applicant.
   C.   Floodplain Development Application, Permit, And Certification Requirements:
      1.   Application Requirements: Application for a floodplain development permit shall be made to the Floodplain Coordinator prior to any development activities located within special flood hazard areas. The following items shall be presented to the Floodplain Coordinator to apply for a floodplain development permit:
         a.   A plot plan drawn to scale which shall include, but shall not be limited to, the following specific details of the proposed floodplain development:
            (1)   The nature, location, dimensions, and elevations of the area of development/disturbance; existing and proposed structures, utility systems, grading/pavement areas, fill materials, storage areas, drainage facilities, and other development;
            (2)   The boundary of the special flood hazard area as delineated on the FIRM or other flood map as determined in subsection 11-1-3B of this chapter, or a statement that the entire lot is within the special flood hazard area;
            (3)   The flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map as determined in subsection 11-1-3B of this chapter;
            (4)   The boundary of the floodway(s) as determined in subsection 11-1-3B of this chapter;
            (5)   The base flood elevation (BFE) where provided as set forth in subsection 11-1-3B, C, or 11-1-5C of this chapter;
            (6)   The old and new location of any watercourse that will be altered or relocated as a result of proposed development; and
            (7)   The certification of the plot plan by a registered land surveyor or professional engineer.
         b.   Proposed elevation, and method thereof, of all development within a special flood hazard area including but not limited to:
            (1)   Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures;
            (2)   Elevation in relation to mean sea level to which any non- residential structure in Zone A, AE, AH, AO, or A1-30 will be floodproofed; and
            (3)   Elevation in relation to mean sea level to which any proposed utility equipment and machinery will be elevated or floodproofed.
         c.   If floodproofing, a Floodproofing Certificate (FEMA Form 086-0-33) with supporting data, an operational plan, and an inspection and maintenance plan that include, but are not limited to, installation, exercise, and maintenance of floodproofing measures.
         d.   A Foundation Plan, drawn to scale, which shall include details of the proposed foundation system to ensure all provisions of this chapter are met. These details include but are not limited to:
            (1)   The proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter wall, solid backfilled foundation, open foundation, or on columns/posts/piers/piles/shear walls); and
            (2)   Openings to facilitate automatic equalization of hydrostatic flood forces on walls in accordance with subsection 11-1-5A8 of this chapter when solid foundation perimeter walls are used in Zones A, AE, AH, AO, and A1-30.
         e.   Usage details of any enclosed areas below the lowest floor.
         f.   Plans and/or details for the protection of public utilities and facilities such as sewer, gas, electrical, and water systems to be located and constructed to minimize flood damage.
         g.   Certification that all other local, State, and Federal permits required prior to floodplain development permit issuance have been received.
         h.   Documentation for placement of recreational vehicles and/or temporary structures, when applicable, to ensure that the provisions of subsections 11-1-5B5 and B6 of this chapter are met.
         i.   A description of proposed watercourse alteration or relocation, when applicable, including an engineering report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and
            (1)   A map (if not shown on plot plan) showing the location of the proposed watercourse alteration or relocation.
      2.   Permit Requirements: The floodplain development permit shall include, but not be limited to:
         a.   A complete description of all the development to be permitted under the floodplain development permit (i.e., house, garage, pool, septic, bulkhead, cabana, pole barn, chicken coop, pier, bridge, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials, etcetera).
         b.   The special flood hazard area determination for the proposed development in accordance with available data specified in subsection 11-1-3B of this chapter.
         c.   The flood protection elevation required for the lowest floor and all attendant utilities.
         d.   The flood protection elevation required for the protection of all utility equipment and machinery.
         e.   All certification submittal requirements with timelines.
         f.   A statement that no fill material or other development shall encroach into the floodway area of any watercourse, as applicable.
         g.   The flood openings requirements, if in Zones A, AE, AH, AO, or A1-30.
         h.   All floodplain development permits shall be conditional upon the start of construction of work within one hundred eighty (180) days. A floodplain development permit shall expire one hundred eighty (180) days after issuance unless the permitted activity has commenced as per the start of construction definition.
         i.   A statement of the limitations of below BFE enclosure uses, if applicable (i.e., parking, building access and storage only).
         j.   A statement that all materials below BFE/FPE must be flood resistant materials.
      3.   Certification Requirements:
         a.   Elevation Certificates:
            (1)   An Elevation Certificate (FEMA Form 86-0-33) is required prior to the actual start of any new construction if the structure is within three hundred feet (300') of the mapped area at the request of the Floodplain Coordinator. It shall be the duty of the permit holder to submit to the Floodplain Coordinator a certification of the elevation of the lowest floor, in relation to mean sea level. The Floodplain Coordinator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder prior to the beginning of construction. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit.
            (2)   A final as-built Finished Construction Elevation Certificate (FEMA Form 86-0-33) is required after construction is completed and prior to Certificate of Compliance/Occupancy issuance. It shall be the duty of the permit holder to submit to the Floodplain Coordinator a certification of final as-built construction of the elevation of the lowest floor and all attendant utilities. The Floodplain Coordinator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to Certificate of Compliance/Occupancy issuance. In some instances, another certification may be required to certify corrected as- built construction. Failure to submit the certification or failure to make required corrections shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy.
The Finished Construction Elevation Certificate certifier shall provide at least two (2) photographs showing the front and rear of the building taken within ninety (90) days from the date of certification. The photographs must be taken with views confirming the building description and diagram number provided in subsection A of the elevation certificate. To the extent possible, these photographs should show the entire building including foundation. If the building has split-level or multi-level areas, provide at least two (2) additional photographs showing side views of the building. In addition, when applicable, provide a photograph of the foundation showing a representative example of the flood openings or vents. All photographs must be in color and measure at least 3" x 3". Digital photographs are acceptable.
         b.   Floodproofing Certificate: If non-residential floodproofing is used to meet the flood protection elevation requirements, a Floodproofing Certificate (FEMA Form 086-0-34), with supporting data, an operational plan, and an inspection and maintenance plan are required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the Floodplain Coordinator a certification of the floodproofed design elevation of the lowest floor and all attendant utilities, in relation to mean sea level. Floodproofing certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. The Floodplain Coordinator shall review the certificate data, the operational plan, and the inspection and maintenance plan. Deficiencies detected by such review shall be corrected by the applicant prior to permit approval. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit. Failure to construct in accordance with the certified design shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy.
         c.   Manufactured Home: If a manufactured home is placed within Zone A, AE, AH, AO, or A1-30 and the elevation of the chassis is more than thirty six inches (36") in height above grade, an engineered foundation certification is required in accordance with the provisions of subsection 11-1-5B3b of this chapter.
         d.   Watercourse Alteration Or Relocation: If a watercourse is to be altered or relocated, the following shall all be submitted by the permit applicant prior to issuance of a floodplain development permit:
            (1)   A description of the extent of watercourse alteration or relocation; and
            (2)   A professional engineer's certified report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and
            (3)   A map showing the location of the proposed watercourse alteration or relocation; and
            (4)   An Idaho stream channel alteration permit approval shall be provided by the applicant to the Floodplain Coordinator.
         e.   Certification Exemptions: The following structures, if located within Zone A, AE, AH, AO, or A1-30, are exempt from the elevation/floodproofing certification requirements specified in subsections C3a and C3b of this section:
            (1)   Recreational vehicles meeting requirements of subsection 11-1-5B5 of this chapter;
            (2)   Temporary structures meeting requirements of subsection 11-1-5B6 of this chapter; and
            (3)   Accessory structures less than two hundred (200) square feet meeting requirements of subsection 11-1-5B7 of this chapter.
      4.   Determinations For Existing Buildings And Structures: For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, improvements, repairs of damage, and any other improvement of or work on such buildings and structures, the Floodplain Coordinator, in coordination with the building official, shall:
         a.   Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work. In the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made;
         b.   Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure;
         c.   Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and
         d.   Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the adopted Idaho Building Code and this chapter is required.
   D.   Corrective Procedures:
      1.   Violations To Be Corrected: When the Floodplain Coordinator finds violations of applicable State and local laws, it shall be his or her duty to notify the owner or occupant of the building of the violation. The owner or occupant shall immediately remedy each of the violations of law cited in such notification.
      2.   Actions In Event Of Failure To Take Corrective Action: If the owner of a building or property shall fail to take prompt corrective action, the Floodplain Coordinator shall give the owner written notice, by certified or registered mail to the owner's last known address or by personal service, stating:
         a.   That the building or property is in violation of the floodplain management regulations;
         b.   That a hearing will be held before the Floodplain Coordinator at a designated place and time, not later than ten (10) days after the date of the notice, at which time the owner shall be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter; and
         c.   That following the hearing, the Floodplain Coordinator may issue an order to alter, vacate, or demolish the building; or to remove fill as applicable.
      3.   Order To Take Corrective Action: If, upon a hearing held pursuant to the notice prescribed above, the Floodplain Coordinator shall find that the building or development is in violation of this chapter, he or she shall issue an order in writing to the owner, requiring the owner to remedy the violation within a specified time period, not less than sixty (60) calendar days, nor more than one hundred eighty (180) calendar days. Where the Floodplain Coordinator finds that there is imminent danger to life or other property, he or she may order that corrective action be taken in such lesser period as may be feasible.
      4.   Appeal: Any owner who has received an order to take corrective action may appeal the order to the local elected Governing Body by giving notice of appeal in writing to the Floodplain Coordinator and the Clerk within ten (10) days following issuance of the final order. In the absence of an appeal, the order of the Floodplain Coordinator shall be final. The local Governing Body shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke the order.
      5.   Failure To Comply With Order: If the owner of a building or property fails to comply with an order to take corrective action for which no appeal has been made or fails to comply with an order of the Governing Body following an appeal, the owner shall be guilty of a misdemeanor and shall be punished at the discretion of the court.
   E.   Variance Procedures:
      1.   The Valley County Board of Commissioners as established by Valley County, hereinafter referred to as the "Appeal Board", shall hear and decide requests for variances from the requirements of this chapter.
      2.   Variances may be issued for:
         a.   The repair or rehabilitation of historic structures upon the determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and that the variance is the minimum necessary to preserve the historic character and design of the structure;
         b.   Functionally dependent facilities, if determined to meet the definition as stated in section 11-1-2 of this chapter, provided provisions of subsections E9b, E9c, and E9d of this section, have been satisfied, and such facilities are protected by methods that minimize flood damages during the base flood and create no additional threats to public safety; or
         c.   Any other type of development, provided it meets the requirements of this section.
      3.   In passing upon variances, the Appeal Board shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter, and:
         a.   The danger that materials may be swept onto other lands to the injury of others;
         b.   The danger to life and property due to flooding or erosion damage;
         c.   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
         d.   The importance of the services provided by the proposed facility to the community;
         e.   The necessity to the facility of a waterfront location as defined under section 11-1-2 of this chapter as a functionally dependent facility, where applicable;
         f.   The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
         g.   The compatibility of the proposed use with existing and anticipated development;
         h.   The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
         i.   The safety of access to the property in times of flood for ordinary and emergency vehicles;
         j.   The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and
         k.   The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.
      4.   The applicant shall include a written report addressing each of the factors in subsections E3a through E3k of this section with their application for a variance.
      5.   Upon consideration of the factors listed above and the purposes of this chapter, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purposes and objectives of this chapter.
      6.   Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation (BFE) and the elevation to which the structure is to be built and that such construction below the BFE increases risks to life and property, and that the issuance of a variance to construct a structure below the BFE will result in increased premium rates for flood insurance up to twenty five dollars ($25.00) per one hundred dollars ($100.00) of insurance coverage. Such notification shall be maintained with a record of all variance actions, including justification for their issuance.
      7.   The Floodplain Coordinator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency and the State of Idaho upon request.
      8.   Conditions for variances:
         a.   Variances shall not be issued when the variance will make the structure in violation of other Federal, State, or local laws, regulations, or ordinances.
         b.   Variances shall not be issued within any designated floodway if the variance would result in any increase in flood levels during the base flood discharge.
         c.   Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
         d.   Variances shall only be issued prior to development permit approval.
         e.   Variances shall only be issued upon:
            (1)   A showing of good and sufficient cause;
            (2)   A determination that failure to grant the variance would result in exceptional hardship; and
            (3)   A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
      9.   A variance may be issued for solid waste disposal facilities or sites, hazardous waste management facilities, salvage yards, and chemical storage facilities that are located in special flood hazard areas provided that all of the following conditions are met.
         a.   The use serves a critical need in the community.
         b.   No feasible location exists for the use outside the special flood hazard area.
         c.   The lowest floor of any structure is elevated or floodproofed to at least the flood protection elevation.
         d.   The use complies with all other applicable Federal, State and local laws.
      10.   The Valley County Floodplain Coordinator will notify the State NFIP Coordinator of the Idaho Department of Water Resources of its intention to grant a variance at least thirty (30) calendar days prior to granting the variance.
      11.   Any person aggrieved by the decision of the Appeal Board may appeal such decision to the court, as provided in Idaho Code 67-6535. (Ord. 19-03, 1-7-2019)
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