(A) (1) Floodways are administrative limits and tools used to regulate existing and future floodplain development. The state has adopted floodway standards that are more stringent than the FEMA minimum standard. (See definition of FLOODWAY in § 152.05.)
(2) Located within special flood hazard area established in § 152.07 are areas designated as floodways.
(B) Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply.
(1) Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed by a licensed state professional engineer and in accordance with standard engineering practice that the proposed encroachment would not result in any increase (requires a no-rise certification) in flood levels within the community during the occurrence of the base flood discharge.
(3) Under the provisions of 44 C.F.R. § 65.12 of the National Flood Insurance Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations; provided that the community fast applies for a CLOMR and floodway revision through FEMA.
(Ord. 02-14, passed 1-12-2014) Penalty, see § 152.99