Skip to code content (skip section selection)
A. Lands To Which This Chapter Applies: (44 CFR 59.22(a))
This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Wallace.
B. Basis For Establishing The Areas Of Special Flood Hazard: (44 CFR 60.3(e)(1)(d)(2))
The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for Shoshone County, Idaho and Incorporated Areas", with an accompanying Flood Insurance Rate Map (FIRM), dated September 26, 2008, are hereby adopted by reference and declared to be a part of this chapter. The Flood Insurance Study and the FIRM are on file at City Hall, 703 Cedar Street, Wallace, Idaho, 83873. The best available information for flood hazard area identification as outlined in subsection 14-1-4C2 of this chapter shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under subsection 14-1-4C2 of this chapter.
C. Penalties For Noncompliance: 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 Federal or State regulations. Violations 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. 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 thousand dollars ($1,000.00) or imprisoned for not more than six (6) months, or both such fine and imprisonment, for each violation. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation of this chapter.
D. Abrogation And Greater Restrictions: This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
E. 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 City; and,
3. Deemed neither to limit nor repeal any other powers granted under State Statutes.
F. 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 provided to the City by FEMA. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City, or any of its officers, employees, agents, representatives, planners, attorneys, Councilpersons, Mayor or clerks, thereof, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. (Ord. 2015-02, 6-10-2015)