A.   Importance To County: The rivers and creeks of the County are important to its citizens as a source of recreation, fish and wildlife habitat, aesthetic beauty, a source of irrigation water for the farmlands as well as other economic and lifestyle values.

   B.   Flood Losses Resulting From Periodic Inundation: The flood hazard areas of the County are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

   C.   General Causes Of These Flood Losses: These flood losses are increased by:

      1.   The cumulative effect of obstructions and constriction to flood heights and velocities;

      2.   Development within flood hazard areas which are vulnerable to floods or hazardous to other lands;

      3.   The removal of riparian vegetation.

   D.   Methods Used To Analyze Flood Hazard: The studies listed below are hereby adopted as the primary sources of flood hazard analysis:

      1.   The special flood hazard areas identified by the Federal Insurance Administrator in a scientific and engineering report titled “The Flood Insurance Study (FIS) for Blaine County, Idaho and Incorporated Areas” dated November 26, 2010, with accompanying flood insurance rate maps (FIRM), 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 Land Use and Building Services Office located at 219 First Avenue South, Suite 208, Hailey, Idaho.

      2.   Flood hazard analysis sources as determined by the Blaine County Engineer, Floodplain Manager, or other expert hired by the County and the Administrator to be the best available information.

   E.   Statutory Authority: The Legislature of the State of Idaho in Idaho Code 46-1020 through 46-1024, authorized local government units to adopt a floodplain map and floodplain management ordinance that identifies floodplains and that sets forth minimum development requirements in floodplains that are designed to promote the public health, safety, and general welfare of its citizenry.

   F.   Compliance: This chapter shall not in any way impair/remove the necessity of compliance with any other applicable local laws, ordinances, or regulations. Where this chapter imposes a greater restriction, the provisions of this chapter shall apply.

   G.   Documents Kept By County: All permit applications, plans and certifications required through this chapter shall be obtained and maintained by the County for public inspection and made available as needed.

   H.   Filing Fees: Those applications referred to in this chapter may have a fee established for the processing of the application. The fees shall be paid to the County and deposited with the Administrator. No action can be taken on an application until all applicable fees have been paid in full. Fees shall be established by resolution passed and adopted by the County Board of Commissioners and shall take effect on the date of publication. (Ord. 2021-12, 7-20-2021; Ord. 2019-02, 1-8-2019; Ord. 2010-13, 1-18-2011; Ord. 2010-08, 11-16-2010)

The standards and mechanisms established herein are intended to protect floodplain and riparian areas in the County. The Floodplain Overlay and Riparian Setback Districts restrict or prohibit uses which endanger health, safety or property during flood events, or result in environmental damage and increased flood heights and velocities. By regulating development and alterations to floodplains and riparian areas this chapter seeks to:

   A.   Protect members of the public and public resources and facilities from injury, loss of life, property damage or financial losses due to flooding or erosion;

   B.   Protect and restore unique, fragile and valuable elements of floodplain and riparian areas including wildlife habitat;

   C.   Mitigate avoidable impacts to aquatic systems by regulating alterations in and adjacent to riparian areas;

   D.   Prevent cumulative adverse environmental impacts to water availability, water quality, wetlands and streams;

   E.   Augment the requirements of the National Flood Insurance Program (NFIP) and maintain the County as an eligible community for Federal flood insurance benefits;

   F.   Alert members of the public, such as appraisers, owners, real estate companies, individuals, potential buyers or lessees, to the development limitations of riparian areas and floodplains;

   G.   Provide County officials with sufficient information to protect floodplains, watercourses and riparian areas;

   H.   Implement the County comprehensive plan, as amended, and all County functional and community plans;

   I.   Minimize prolonged adverse impacts due to flooding and post-flood recovery;

   J.   Minimize the need for, and excessive costs borne by, rescue and emergency services associated with flooding;

   K.   Ensure that property owners within areas of special flood hazard are held accountable for the impacts from their private development; and

   L.   Ensure that all development is reasonably safe from flooding. (Ord. 2021-12, 7-20-2021; Ord. 2019-02, 1-8-2019; Ord. 2011-01, 1-18-2011; Ord. 91-9, 7-22-1991; Ord. 88-4, 9-13-1988; Ord. 77-5, 3-28-1977, eff. 4-7-1977)

   A.   Establishment Of Districts:

      1.   The Floodplain Overlay District is hereby established. The regulations of this district apply to all lands within the jurisdiction of the County that lie within the special flood hazard area boundaries as established by subsection 9-17-1D of this chapter. Except as stated in subsection 9-17-1D2 of this chapter, any boundary established by a registered professional engineer in the State that is in conflict with the effective flood insurance study (FIS) must be submitted to and approved by FEMA through revised FIRM, or through a letter of map change (LOMC) issued by FEMA. Such amendments or revisions to the effective FIRMs authorized by FEMA shall be considered amendments or revisions to the maps adopted hereinabove and may be used as the best available information.

         a.   Establishment Of Subdistricts: The floodplain areas within the jurisdiction of this chapter are divided into two (2) subdistricts: the Floodway Subdistrict and the Floodplain Subdistrict. The boundaries of these subdistricts are determined in accordance with subsection 9-17-1D of this chapter.

      2.   The Riparian Setback District is hereby established. The regulations of this district shall include the setbacks from the ordinary high water mark according to the class of stream as delineated in subsection 9-17-7D of this chapter.

   B.   Rules For Interpretation:

      1.   The Floodplain Overlay District boundaries are partially represented on the Floodplain Overlay District map for the County. The precise boundaries shall be determined by on-site elevations in accordance with subsection 9-17-1D of this chapter.

The Administrator shall make the necessary interpretation of the boundary based upon the FEMA designation or the recommendation of the County Engineer, Floodplain Manager, or other expert hired by the County. An applicant contesting the location of the boundary may submit applicant’s own technical evidence when presenting applicant’s case to the Administrator, County Engineer, or Floodplain Manager, for the conditional use permit, stream alteration permit, building permit or subdivision application.

      2.   The Riparian Setback District boundaries will not be designated on the official County zoning map. These boundaries shall include the setbacks from the ordinary high water mark according to the class of stream as delineated in subsection 9-17-7D of this chapter.

      3.   Land used primarily for commercial agricultural purposes, not including agricultural buildings, is excluded from section 9-17-7, “Riparian Setback District Use Regulations”, of this chapter, provided a ten foot (10') natural vegetation buffer, as measured from the ordinary high water mark, shall be preserved or maintained along all designated streams. Revegetation of this natural vegetation buffer shall not be required where the watercourse moves its channel.

   C.   Notification To Other Entities: For development purposes, the following apply:

      1.   Whenever a watercourse is to be altered or relocated, notify adjacent communities and the State Coordinating Office prior to such alteration or relocation of a watercourse.

      2.   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, the applicant shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with volume 44 Code of Federal Regulations section 65.3. 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.

      3.   Notify the Federal Insurance Administrator in writing of acquisition by means of annexation, incorporation or otherwise, of additional areas of jurisdiction. (Ord. 2019-02, 1-8-2019; Ord. 2011-01, 1-18-2011; Ord. 2010-08, 11-16-2010)

As used in this chapter, the following words and terms shall have the meanings ascribed to them in this section:

ADMINISTRATOR: See Floodplain Administrator.

BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded each 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: The portion of a structure with its floor subgrade (below ground level) on all sides.

BUILDING: See definition of structure.

COMPENSATORY STORAGE: Sometimes referred to as "cut-and-fill", this provision requires developers to compensate for the loss of flood storage caused by filling in the floodplain fringe by removing an equal amount of material in the floodplain near the proposed development. This mitigation tool helps to maintain flood storage and ensure that floodwaters will not be displaced onto someone else's property as a result of the floodplain fill. Engineering analysis is required when considered for mitigation to offset fill in the floodplain.

DEVELOPMENT: Any manmade change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures, or the construction of additions or substantial improvements to buildings, structures or accessory structures; the placement of mobile homes; mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials; and the deposition or extraction of materials, including the construction of dikes, berms and levees.

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. Also known as Flood Elevation Study.

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 waters from streams, rivers, and other watercourses.

      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 akin to a river of liquid and flowing mud on the surface 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 PROOFING: Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.

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.

FLOODPLAIN: Floodplain or flood-prone area means any land area susceptible to being inundated by water from any source (see definition of flooding).

FLOODPLAIN ADMINISTRATOR: Referred to as the “Administrator” in this Chapter, is the Administrator of the Land Use and Building Services Department, and is hereby appointed to administer, implement and enforce this Chapter. The Administrator may delegate authority to implement these provisions.

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 MANAGER: The person appointed by the Administrator to manage and implement the provisions of the Floodplain Overlay District regulations.

FLOODWAY (REGULATORY): 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 more than a designated height.

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').

HAND EQUIPMENT: Any construction machinery such as chain saws, wheelbarrows, post hole diggers (not attached to vehicles) and all handheld tools.

HIGHEST ADJACENT GRADE: Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HISTORIC STRUCTURE: Any structure that is:

   A.   Listed individually in the National Register of Historic Places (a listing maintained by the 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 a district preliminarily determined by the Secretary to qualify as a registered historic district;

   C.   Individually listed on a State Inventory of Historic Places in 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 in 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): An official FEMA determination, by letter, to amend or revise effective flood insurance rate maps, flood boundary and floodway maps, and flood insurance studies. LOMCs are issued in the following categories:

   A.   Letter Of Map Amendment (LOMA): An official amendment, by letter, to an effective National Flood Insurance Program (NFIP) map. An 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.

   B.   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 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.

   C.   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.

   D.   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, an LOMR may be issued by FEMA to revise the effective FIRM. Building permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.

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".

NEW CONSTRUCTION: For floodplain management purposes, new construction means structures for which the start of construction commenced on or after May 14, 1971 (effective date of the initial regulations adopted by the County) and includes any subsequent improvements to such structures.

NO ADVERSE IMPACT: No adverse impact floodplain management takes place when the actions of one property owner shall not adversely affect the rights of other property owners or the County's NFIP eligibility. Adverse impacts include increased flood peaks, flood stage, flood velocity, erosion and sedimentation, or decreased water quality or quality of riparian habitat.

ORDINARY HIGH WATER MARK: The mark on all watercourses, where the presence and action of waters is so common and continued in all ordinary years as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation and destroy its value for agricultural purposes. With respect to the riparian setback, in areas where riprap bank stabilization has occurred, the measurement shall begin on the landward side of such stabilization work.

RECREATIONAL VEHICLE: A vehicle that is:

   A.   Built on a single chassis,

   B.   Four hundred (400) square feet or less when measured at the largest horizontal projection,

   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.

RIPARIAN AREAS: Lands adjacent to a watercourse or water body that are influenced by water, have the presence of riparian vegetation and have an important function in mitigating flood damage.

RIPARIAN VEGETATION: The vegetation associated with streams that are subject to and sustained by seasonal surface water inputs, or high ground water elevations. Species commonly found in riparian areas are listed by the Idaho Conservation Data Center as "wetlands and riparian plants associations in Idaho". Riparian areas in Blaine County shall be delineated by the presence of riparian plant communities that appear on the Conservation Data Center list or other lists adopted by resolution of the Board.

SPECIAL FLOOD HAZARD AREA (SFHA): The land within the Floodplain Overlay District, 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".

START OF CONSTRUCTION: Start of construction, includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STREAMS: Those areas where surface water produces a defined channel or bed which demonstrates evidence of the passage of water. Dry washes, irrigation ditches, canals, surface water runoff devices or other entirely artificial water bodies/watercourses (unless specifically referred to herein) are not included. "Streams" are further defined as follows:

Class 1 Streams: Streams and/or reaches of streams with the potential to have extensive flooding, erosion and attendant hazards and include the Big Wood River.

Class 2 Streams: Streams and/or reaches of streams that flow year round during years of normal rainfall and have the potential for significant flooding and erosion. Such streams include the East Fork of the Big Wood River, Little Wood River, Salmon River (Upper), Smiley Creek, Trail Creek and Warm Springs Creek.

Class 3 Streams: Smaller perennial or intermittent streams and/or reaches of streams that are prone to periodic flooding and erosion. Class 3 streams shall include, but are not limited to, the following: Beaver Creek, Broadford Slough, Croy Creek, Deer Creek, Eagle Creek, Greenhorn Creek, Purdum Slough, Fish Creek and Rock Creek.

Class 4 Streams: All spring fed creeks and their tributaries, which are not subject to erosive flooding. Class 4 streams shall include, but are not limited to, the following: Grove Creek, Loving Creek, Mudd Creek, Patton Creek, Silver Creek, Spring Creek and Wilson Creek.

STRUCTURE: For floodplain management purposes, a walled and roofed building, including a manufactured home, as well as a gas or liquid storage tank that is principally above ground.

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. Permits for any improvement shall be counted cumulatively for a period of ten (10) years. If the improvement project is conducted in phases, the total of all cost associated with each phase, beginning with the issuance of the first permit, shall be utilized to determine whether "substantial improvement" will occur. 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 chapter 30 of this title.

YARDSCAPE: Introduced vegetation such as grass and ornamental shrubs, forbs and trees that may require irrigation in a normal cycle. (Ord. 2021-12, 7-20-2021; Ord. 2019-02, 1-8-2019)

   A.   Floodway Subdistrict Use Regulations: Because of the possibility of flooding and changeable characteristics of streams in the County, development in the regulatory floodway is highly restricted. All development within the floodway shall comply with the following:

      1.   Demonstrate that the proposed encroachment will not result in any increase in base flood elevation, based on hydrologic and hydraulic analyses performed in accordance with standard engineering practice.

      2.   Compliance with all specific use regulations outlined in subsection E of this section.

      3.   Written notification with details regarding description of work, location, and a proposed construction activities schedule shall be submitted to the Blaine County Land Use Office prior to the start of work.

         a.   Permitted uses:

            (1)   Maintenance or repair of pre-existing agricultural uses including, but not limited to, pipes, headgates, diversion structures, pumps, fences and weirs, provided that no agricultural buildings are involved. New or expansion of pre- existing agricultural uses are subject to the stream alteration permit requirements including no-rise certification.

            (2)   Activities operating in accordance with a County-approved stream alteration permit.

         b.   Prohibited uses:

            (1)   Any encroachment into the floodway, including fill, new construction, substantial improvements or modifications, stream alterations or other development that would cause any increase of the base flood elevation, thus jeopardizing the County's eligibility for participation in the NFIP.

            (2)   Any development whereby potential adverse impacts cannot be mitigated through the stream alteration permit process.

            (3)   Any use located within a wellhead protection area that may adversely impact a potable water source.

   B.   Floodplain Subdistrict Use Regulations: Because of hazard to individual and public health, safety, and welfare, uses in the Floodplain Subdistrict are restricted or designated for individual consideration under the categorical exclusion or conditional use permit process. All uses within the floodplain shall comply with the following:

      1.   Demonstrate that the proposed development will result in no adverse impacts to adjacent properties, as defined.

      2.   Compliance with all specific use regulations outlined in subsection E of this section.

      3.   Written notification with details regarding description of work, location, and a proposed construction activities schedule shall be submitted to the Blaine County Land Use Office prior to the start of work.

         a.   Permitted Uses:

            (1)   Agricultural, recreational, and residential accessory uses (nonstructural) which are designed to withstand flooding and will not increase the risk of flood losses on other land, to the public nor to the environment; inundation or flood damage to said permitted uses shall not be considered extraordinary circumstances. This includes the temporary installation of flood control barriers, ninety (90) days or less, when located no more than ten feet (10') from a structure.

            (2)   Sub-grade utilities such as fiber optics, pipelines, power or gas lines provided that they do not involve the placement of fill or that requirements for balanced cut and fill are met.

            (3)   At-grade sidewalks and pedestrian or equestrian pathways or trails.

         b.   Categorically Excluded Uses: A conditional use permit shall not be required provided the landowner or agent, before commencing any work, first obtains a written decision from the Administrator, in consultation with the County Engineer, Floodplain Manager, or his/her designated representative, that the development falls within and meets one of the following categorical exclusions and all of the requirements in subsection 9-17-6-E are satisfied, as applicable.

            (1)   Single-family residences and structures and uses accessory thereto, when located fully within an approved platted building envelope shown on a recorded subdivision plat;

            (2)   Fences, provided they will not divert the passage of floodwaters;

            (3)   Retaining walls, bulkheads, driveways, patios, decks, porches, pools, spas, and landscaping berms and other non-structural residential uses;

            (4)   Docks, piers, boat ramps, and marinas;

            (5)   Farm and garden buildings, and the storage of boats, campers and travel trailers by residents;

            (6)   Wireless communication facilities, refer to chapter 3 of this title;

            (7)   Above grade utilities;

            (8)   Bridges and culverts within or spanning Class 2, 3 or 4 streams; and

            (9)   New structures for the authorized delivery of water.

         c.   Conditional Uses: For any proposed conditional use, the applicant shall demonstrate that adverse impacts are mitigated through the conditional use permit procedure:

            (1)   Commercial or public works sand and gravel extractions;

            (2)   Gravel or shale pits, or asphalt plants;

            (3)   Bridges and culverts within or spanning Class 1 streams; and

            (4)   Residential structures located outside platted building envelopes;

            (5)   Other projects as the Administrator deems necessary due to adverse impacts or local public interest conflicts.

         d.   Prohibited Uses:

   C.   Dimensional Standards: Any buildable lot within a Floodplain Overlay District shall use the setbacks required in the Riparian Setback District for the class of stream involved. More restrictive setbacks may be imposed through the conditional use permit or subdivision review process.

   D.   Development Density: The base development density in the Floodplain Overlay District shall be the base density in the adjacent zoning district or one unit per five (5) acres, whichever is less dense.

Floodway land may be included in determining development density. For a parcel of land which straddles the Floodplain Overlay District and a residential district, individual lots may be drawn which include portions of the Floodplain Overlay District. However, each lot shall include land outside of the riparian setback and outside of the Floodplain Overlay District.

   E.   Specific Use Requirements: The following provisions apply to all uses within the Floodway and Floodplain Subdistricts. The burden of proof always rests with the applicant:

      1.   Local Public Interests: The proposed application (use) does not conflict with the local public interest, i.e., the affairs of the people in the area directly affected by the proposed use. This includes, but is not limited to, property values, fish and wildlife habitat, aquatic life, recreation, water quality, potable water sources or an impact upon a locally important factor.

      2.   Changes To The Flood Insurance Rate Map: Any boundary or base flood elevation established by a registered professional engineer in the State that is in conflict with the effective flood insurance study (FIS) must be submitted to and approved by FEMA through a revised FIRM, or through a letter of map change (LOMC) issued by FEMA. Such amendments or revisions to the effective FIRMs authorized by FEMA shall be considered amendments or revisions to the maps adopted hereinabove and may be used as the best available information.

      3.   Riparian Habitat: Replacement of native riparian habitat, including vegetation, shall be required for all disturbed areas within the required setbacks.

      4.   Location: Development and building sites or envelopes shall be located outside of the Floodplain Overlay District, where such areas are available, unless such a location would result in greater adverse impacts to wetland, riparian, or other risk areas.

      5.   Anchoring: All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

      6.   Requirements For Structures Partially In The Floodplain Overlay District: When a structure is partially located in the Floodway or Floodplain Subdistricts, the entire structure shall meet the requirements for new construction and substantial improvements.

      7.   Additional Permits: Categorical exclusions, conditional use permits and building permits shall be reviewed to determine that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required.

      8.   Construction Materials And Methods: All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage, using methods and practices that minimize flood damage. All new and replacement electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities shall be elevated to BFE, so as to prevent water from entering or accumulating within the components during conditions of flooding. These include, but are not limited to, HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes, hot water heaters, and electric outlets/switches.

      9.   Basements: Basements are prohibited within the Floodplain and Floodway Subdistricts.

      10.   Utilities: New and replacement water disposal, sanitary sewage, and water supply facilities shall be designed to minimize or prevent the infiltration of floodwaters to avoid impairment to them or contamination from them during flooding. A permit shall be received from the South Central Public Health District who shall determine the specific system to be used.

      11.   Residential Construction:

         a.   New construction and substantial improvement of any residential structure shall have the lowest floor elevated to or above flood protection elevation.

         b.   Fully enclosed areas below the lowest floor that are subject to flooding are prohibited or shall be used solely for parking of vehicles, building access or storage and be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

            (1)   A minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. Credit is only provided for openings below BFE;

            (2)   The bottom of all openings shall be no higher than one foot (1') above grade;

            (3)   Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

            (4)   Fully enclosed areas below the lowest floor shall only be used for parking, building access or storage.

            (5)   Flood-resistant material shall be used at least to the flood protection elevation.

            (6)   For crawl space foundation types, construction must follow the guidelines as set forth in this chapter or FEMA TB (technical bulletin) 11-01, crawl space construction for structures located in special flood hazard areas: national flood insurance program interim guidance whichever is more restrictive, specifically:

      12.   Nonresidential Construction: New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, or top side of slab on grade, elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall:

         a.   Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

         b.   Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;

         c.   Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection for the structural design, specifications and plans. Such certifications shall be provided to the Administrator.

         d.   Nonresidential structures that are elevated, and not floodproofed, must meet the same standards for space below the lowest floor as described in "residential construction" of this subsection E.

         e.   Applicants floodproofing nonresidential buildings are hereby notified that flood insurance premiums will be based on rates that are one foot (1') below the floodproofed level (e.g., a building constructed to the base flood level will be rated as 1 foot below that level).

      13.   Appurtenant Structures (Detached Garages And Storage Structures): Appurtenant structures used solely for parking of vehicles or storage may either be elevated or meet the design requirements in subsection E11b of this section.

      14.   Manufactured Homes: All manufactured homes to be placed or substantially improved shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at least elevated to the flood protection elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of this subsection E.

      15.   Recreational Vehicles: In the Floodplain Overlay District, recreational vehicles, must either:

         a.   Be stored on the site for fewer than one hundred eighty (180) consecutive days and are subject to removal during base flood conditions;

         b.   Be fully licensed and ready for highway use, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached structures or additions; or

         c.   The recreational vehicle must meet all the requirements for "new construction", including the anchoring and elevation requirements.

      16.   Subdivision Proposals (Refer Also To Title 10, "Subdivision Regulations", Of This Code):

         a.   All subdivision proposals shall be consistent with the need to minimize flood damage and shall meet the requirements of this chapter;

         b.   All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;

         c.   All subdivision proposals shall provide adequate drainage to minimize potential flood damage; and

         d.   Where base flood elevation data has not been provided or is not available, it shall be generated for subdivision proposals and other proposed developments which contain at least fifty (50) lots or five (5) acres (whichever is less). The subdivision applicant shall submit the determined base flood elevation data to FEMA prior to preliminary plat approval and obtain approval from FEMA prior to final plat approval.

      17.   Tanks: When gas and liquid storage tanks are to be placed in the Floodplain Subdistrict, the following criteria shall be met:

         a.   Underground tanks shall be anchored to prevent flotation, collapse, or lateral movement resulting from hydrodynamic and hydrostatic loads during the base flood, including the effects of buoyancy.

         b.   Above-ground tanks shall be anchored to prevent flotation, collapse, or lateral movement during conditions of the base flood or elevated to the FPE.

         c.   Tank inlets, fill openings, outlets and vents shall be:

            (1)   At or above the FPE or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the base flood; and

            (2)   Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the base flood.

      18.   Standards For Shallow Flooding Areas (AO Zones): Shallow flooding areas appear on FIRMs as AO Zones with depth designations. The base flood depths in these zones range from one foot to three feet (1' - 3') where a clearly defined channel does not exist or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In these areas, the following provisions apply:

         a.   New construction and substantial improvements of residential structures within AO Zones shall have the lowest floor elevated above the highest adjacent grade of the building site, to or above the depth number specified on the FIRM (at least 2 feet if no depth number is specified and no less than 2 feet).

         b.   New construction and substantial improvements of nonresidential structures within AO Zones shall either:

            (1)   Have the lowest floor elevated above the highest adjacent grade of the building site, to or above the depth number specified on the FIRM (at least 2 feet if no depth number is specified and no less than 2 feet); or

            (2)   Together with attendant utility and sanitary facilities, be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect.

      19.   AH/AO Zone Drainage: Adequate drainage course shall be provided around structures on slopes to guide floodwaters around and away from proposed structures.

      20.   No Base Flood Elevation Data Available: The Administrator shall obtain, review and reasonably utilize any Federal, State or local source to determine a BFE. In areas without base flood elevation data, the following provisions apply:

         a.   New construction, including placement of manufactured homes, and substantial improvements of existing structures shall have the lowest floor elevated no less than two feet (2') above the highest adjacent grade at the building site to assure that the structure is reasonably safe from flooding.

         b.   Openings sufficient to facilitate the movement of floodwaters in accordance with subsection E11b of this section construction standards are required for enclosed areas used solely for parking, access or storage below the required floor elevation.

      21.   Certification Requirements: All elevations as specified hereunder shall be certified on a FEMA Elevation Certificate by a licensed surveyor or engineer secured by the applicant, and made part of permit records.

         a.   As-built elevation of lowest floor including basement, of all new or substantially improved structures;

         b.   As-built floodproofed elevation of all new or substantially improved nonresidential structures;

         c.   As-graded elevation of lowest crawl space grade, as applicable.

         d.   Floodproofing measures shall be designed consistent with the flood protection elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the regulatory flood. The applicant shall submit a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. Floodproofing plans shall include the operation, inspection and maintenance of such measures.

      22.   Floodway Not Determined: Where the floodway has not been determined, no new construction, substantial improvements, or other development (including fill) shall be permitted in Zones AE on the effective 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. Applicants of proposed projects that increase the base flood elevation more than one foot (1') are required to obtain and submit to the Floodplain Administrator, a conditional letter of map revision (CLOMR) preconstruction.

   F.   Variance: When applicable, an applicant may seek an exception from the standards and requirements of this section and 9-17-10(A)2 by means of a variance as provided in Section 12 of this chapter. (Ord. 2023-01, 1-3-2023; Ord. 2021-12, 7-20-2021; Ord. 2019-02, 1-8-2019; Ord. 2014-03, 8-19-2014; Ord. 2011-01, 1-18-2011; Ord. 2010-13, 1-18-2011; Ord. 2010-08, 11-16-2010; Ord. 2006-13, 10-26-2006; Ord. 2001-10, 10-1-2001; Ord 2000-3, 3-20-2000; Ord. 98-5, 6-8-1998; Ord. 97-1, 7-22-1997; Ord. 96-3, 4-8-1996; Ord. 92-7, 9-28-1992; Ord. 92-5, 9-14-1992; Ord. 91-9, 7-22-1991; Ord 90-4, 6-11-1990; Ord. 88-4, 9-13-1988; Ord. 79-4, 9-11-1979; Ord. 77-5, 3-28-1977, eff. 4-7-1977)

   A.   Applicability: Only those permitted uses or activities, as noted in subsection C of this section, are allowed within specified stream setbacks.

   B.   Nondisturbance In Stream Setbacks: Except as provided below, no disturbance of land shall be allowed in the stream setbacks set forth in subsection D of this section, including, but not limited to, dredging, filling, new construction, substantial improvements or modifications, installation of septic systems, scraping by motorized equipment, and removal of vegetation or root systems.

   C.   Permitted Uses: The purpose of this subsection is to indicate the type of activities that can enhance the flood protection function and allow landowners uses that do not significantly increase flood hazard and provides for long term bank stabilization.

      1.   The planting of native riparian vegetation with hand equipment.

      2.   Agricultural purposes on lands used primarily for agriculture, provided a ten foot (10') wide setback of a mix of native riparian grasses, forbs, shrubs, and trees is preserved or maintained on the stream bank, to match adjacent native streambank ecology. Agricultural land within a designated critical habitat area is subject to subsection D5 of this section and shall maintain a fifty foot (50') setback.

      3.   Maintenance of yardscape existing prior to July 22, 1991. Due to significant risks of erosion, pollution, and property damage, owners of these non- conforming uses are strongly encouraged to preserve and maintain a minimum ten foot (10') wide buffer of a mix of native riparian grasses, forbs, shrubs, and trees on the streambank, to match adjacent native streambank ecology. Owners should avoid removal of vegetation and mowing within the buffer.

      4.   Activities operating in accordance with a County approved permit, including riparian and stream restoration activities.

      5.   Emergency bank stabilization activities as provided in this chapter.

      6.   Electric, natural gas, cable communications and telephone utility related activities within an existing right-of-way or easement where necessary.

      7.   The control and maintenance of noxious weeds, provided chemical control methods are in accordance with USEPA label restrictions and only hand sprayers are used.

      8.   The following management activities:

         a.   Removal of fallen dead branches or fallen dead trees, although this practice is discouraged due to the beneficial wildlife, fisheries and environmental value of fallen dead branches and trees;

         b.   Removal of hazardous leaning trees or dead branches (this does not include trees that are in declining health but do not pose an immediate hazard); and

         c.   The clearing of one private access trail to the stream of up to eight feet (8') in width, or clearing for a public trail.

      9.   Platted subdivision lots which contain designated building envelopes or development proposals previously approved by the County may be developed pursuant to the conditions on that subdivision plat; provided, that the development does not intrude into the riparian setback farther than the boundary of the envelope or a previously approved structure(s).

   D.   Dimensional Standards: Any buildable lot within this district shall be subject to the following minimum setbacks, subject to subsection D6 of this section, as measured from the ordinary high water mark:

      1.   Class 1 stream: Seventy five foot (75') setback.

      2.   Class 2 stream: Fifty foot (50') setback.

      3.   Class 3 stream: Twenty five foot (25') setback.

      4.   Class 4 stream: Twenty five foot (25') setback.

      5.   More restrictive setbacks shall be imposed on all streams and rivers that are designated critical habitat to any listed aquatic species or any aquatic species proposed for listing under the federal Endangered Species Act as follows: Perennial - one hundred foot (100') setback, Intermittent - Fifty foot (50') setback. Such streams include: Salmon River and all its tributaries.

      6.   More restrictive setbacks may be imposed through the conditional use process if site conditions or protection of natural resources so warrant. More restrictive setbacks are also imposed in Title 10, Subdivision Regulations

      7.   When applicable, an applicant may seek an exception from the requirements of Section 9-17-7(D) and 9-17-10(A)1 by means of a variance as provided in chapter 30 of this title.(Ord. 2021-12, 7-20-2021; Ord. 2019-02, 1-8-2019; Ord. 2006-18, 11-2-2006; Ord. 91-9, 7-22-1991)

   A.   Administrator's Review Of Categorical Exclusions: The Administrator, in consultation with the County Engineer or the Floodplain Manager, shall review all written requests for determinations of categorical exclusions under subsection 9-17-6B3b of this chapter, and promulgate appropriate forms to Blaine County Ordinance # 2024-04 (Amending Title 9 Chapters 17, 21, 21A and 32) Page 2 be used for such requests. The applicant shall have the burden of demonstrating that the proposed development falls within and meets the requirements of a categorical exclusion. The Administrator, prior to issuance of its decision, may request additional information from the applicant, including, without limitation, technical review from the County Engineer at the applicant's expense, and the failure to provide such requested information within sixty (60) days of request shall be grounds for denial of the request for determination of categorical exclusion. Any person aggrieved by the written decision of the Administrator as to a categorical exclusion may appeal the Administrator's decision to the Board according to the procedures and time requirements of section 9-32-3 of this title. (Ord. 2024-04, 2-13-2024; Ord. 2019-02, 1-8-2019)

Application for a conditional use in the district shall be made on a form furnished by the Administrator. Upon receipt of the completed form, the application shall be placed on the agenda of the next available regular meeting of the hearing examiner, commission or the Board when concurrent stream alteration permit applications are submitted which require Board approval, and shall meet the requirements for notification by publication and mail (subsection B of this section).

   A.   General: It is recognized that certain uses possess unique and special characteristics with respect to their location, design, size, method of operation, circulation and public facilities. In order to protect the public health, safety and welfare and guarantee conformance with the plan, permits are required for such uses upon review by the commission or the Board.

   B.   Procedure: The following sections of chapter 25, "Conditional Use Permits", of this title, shall be followed:

      1.   Section 9-25-4, "Public Hearing And Notice".

      2.   Section 9-25-5, "Action By The Commission Or The Board".

      3.   Section 9-25-6, "Notification By The Administrator".

      4.   Section 9-25-7, "Appeals Process".

      5.   Section 9-25-8, "Expiration And Renewal".

      6.   Section 9-25-9, "Special Provision".

   C.   Application: An application for a conditional use permit shall be filed with the Administrator by at least one holder of an interest in the property or their agent accompanied by the fee established. The application shall include the following information:

      1.   All information requested in subsections 9-25-2A1 through A5, A7, A8 and A9 of this title (subsection 9-25-2A6 of this title is excluded).

      2.   Additional information that may be requested by the Administrator in order to review a specific application may include, but is not limited to, the following:

         a.   Plans drawn to scale showing the nature, location, dimensions and elevation of the lot, existing or proposed structures, fill, storage of materials, floodproofing measures and the relationship of the above to the location of the channel, floodway and the flood protection elevation for the lowest floor which shall be two feet (2') above the base flood elevation or highest adjacent grade of the building site where no base flood elevation exists.

         b.   Site specific information from the methods used to analyze flood hazard listed in subsection 9-17-1D of this chapter, including base flood elevation and location of the boundaries of the floodway and floodplain.

         c.   A valley cross section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross sectional areas to be occupied by the proposed development and high water information.

         d.   Plans (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply, sanitary facilities; photographs showing existing land uses and vegetation upstream and downstream and soil types.

         e.   A profile showing the slope of the bottom of the channel or flow line of the stream.

         f.   Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities.

         g.   Existing direction of water forces, areas of critical erosion, potential for channel movement or relocation and related hydraulic considerations.

         h.   Potential depth of inundation by flood.

         i.   Existing or potential overflow channels.

         j.   Groundwater table level at high water in the spring.

         k.   Existing vegetation, soils and habitat for fish and streamside wildlife.

         l.   When the proposed use involves a potential contaminant source or potential contaminant as set forth in appendix A on file in the County, and is located within a wellhead protection area, written comment from Idaho Department of Environmental Quality and from any other appropriate agency, including, but not limited to, owners of public water systems located within the wellhead protection area, shall be solicited if this is determined by the Administrator to be necessary.

         m.   A statement to address potential beneficial and adverse impacts of the project, including the areas upstream, downstream and across the stream. In addition, the application shall include a written statement by a licensed engineer that the project will have no adverse impact or that such impacts have been identified and mitigated to the maximum extent feasible.

   D.   Evaluation And Determination: Transmit one copy of the information described in subsection C of this section to an engineer (designated by the County) or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, other technical matters and environmental damage. Such technical review shall be at the applicant's expense. Fee for such review shall be paid by the applicant prior to public hearing.

Based upon the technical evaluation by this designated engineer or expert and other pertinent information, the commission or the Board shall determine the specific flood hazard at the site and shall evaluate the suitability of the proposed use in relation to the flood hazard and possible environmental damage.

   E.   Criteria For Evaluation: The applicant shall show that the criteria of this regulation has been satisfied. The commission or the Board shall consider other requirements specified in this chapter as well as the following:

      1.   The relationship of the proposed use or development to the comprehensive plan and floodplain management program for the area.

      2.   The preservation of the inherent natural characteristics of the watercourses and floodplain areas. This includes maintaining the storage and carrying capacity of these areas.

      3.   The compatibility of the proposed use or development with existing development and development anticipated in the foreseeable future.

      4.   The danger to life and property due to increased flood heights or velocities caused by encroachments.

      5.   The effect upon fish and wildlife habitat, including existing vegetation.

      6.   The availability of alternative locations not subject to flooding for the proposed use or development.

      7.   The probability of mass erosion to adjacent property as opposed to normal stream bank erosion and accretion.

      8.   The safety of access to the property in times of flood of ordinary and emergency vehicles.

      9.   The danger that materials may be swept on to other lands or downstream to the injury of others.

      10.   The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.

      11.   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners and the local public interest.

      12.   The importance of the service provided by the proposed facility to the community.

      13.   The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site.

      14.   Effect of and susceptibility to obstruction by landslides, avalanches, ice jams or timber.

      15.   If the applicant or landowner with respect to an application for a conditional use permit under this chapter is the State of Idaho, or any agency, board, department, institution, or district thereof, the commission or the Board, in addition to all other applicable standards and criteria hereunder, shall take into account the plans and needs of the State, or any agency, board, department, institution or district thereof, as required by Idaho Code section 67-6528.

      16.   The project will not have an adverse impact on potable water sources when the project is located within a wellhead protection area.

   F.   Conditions Attached To Conditional Use Permits: Upon consideration of the factors listed above and the purposes of this chapter, the commission or the Board shall attach such conditions to the granting of conditional use permits as deemed necessary to further the purposes of this chapter, including, but not limited to:

      1.   Infiltration Of Floodwaters: Modification of water disposal and water supply facilities to minimize or eliminate infiltration of floodwaters. A permit shall be received from the South Central Public Health District who shall determine the specific system to be used.

      2.   Periods Of Use: Limitations of periods of use and operation.

      3.   Operational Controls: Imposition of operational controls, sureties and deed restrictions.

      4.   Certification: Certification in writing by a registered engineer after completion that work was done according to approved plans and County requirements.

      5.   Drainage: Overflow channels and upland drainage swales shall remain open and unobstructed.

      6.   Woody Debris Removal: No-net removal of woody debris and other vegetation within the Floodplain Overlay District.

      7.   Revegetation: Revegetation of all disturbed areas within the floodplain and/or riparian setback. Security agreement may be drawn up for up to one hundred fifty percent (150%) of the estimated cost of work, or other amount as determined by the hearing examiner, commission or Board.

      8.   Construction Material Placement And Removal: Project staging materials and equipment that is temporarily stockpiled shall be removed from the site from April 1 to June 15 or stored outside of flood-prone areas.

      9.   Expiration Of Permit: Permit shall expire at time determined by the hearing examiner, commission or Board.

      10.   Permit Exemptions: Stating that the approval does not exempt the applicant from requirements of other agencies.

      11.   Best Management Practices: Requiring that Best Management Practices, as outlined by Idaho Department of Environment Quality, are maintained throughout implementation of the project and until vegetation is established for purposes of stormwater management and drainage. (Ord. 2025-08, 8-26-2025; Ord. 2019-02, 1-8-2019; Ord. 2014-03, 8-19-2014; Ord. 2010-13, 1-18-2011; Ord. 2010-08, 11-16-2010; Ord. 2006-13, 10-26-2006; Ord. 2001-03, 3-19-2001; Ord. 96-3, 4-8-1996; 1996 Code; Ord. 93-6, 7-19-1993; Ord. 91-9, 7-22-1991; Ord. 88-4, 9-13-1988; Ord. 77-5, 3-28-1977, eff. 4-7-1977)

   A.   Non-Conforming Structures Or Uses: A structure or use which is not in conformity with the provisions of this chapter is subject to the following:

      1.   Riparian Setback District:

         a.   Maintenance: All legally established, nonconforming structures can be maintained (e.g., painting and non-structural repairs).

         b.   Relocation: A nonconforming structure that is moved any distance shall comply with current regulations of this title.

         c.   Alteration: Legally established nonconforming residential structures may be altered within their existing building footprint. Additionally, attached decks, porches, and patios may be altered in their existing footprint, excluding the addition of permanent roof structures.

         d.   Restoration: A nonconforming structure or a structure containing a nonconforming use which has been damaged by unintentional causes may be restored to its original condition. A nonconforming building or use that is moved or torn down by the owner cannot be replaced within the setback.

         e.   Expansion: Structures or uses located wholly within a designated setback shall not be expanded. When a structure is partially located within a setback, the portion located outside of the setback shall not be considered non-conforming.

            (1)   Residential and non-residential: Conforming portions of structures may be expanded through the administrative process subject to the following provisions:

               (A)   No portion of the expansion shall be within the required riparian setback.

               (B)   The expansion must not impact any stream channel, overflow channel or special flood hazard area.

      2.   Floodplain Overlay District:

         a.   Modification: Structural alterations, repairs, or improvements of a non-conforming structure are allowed provided they do not result in substantial improvement.

         b.   Expansion: Any addition to a non-conforming structure shall meet the requirements of this chapter for new construction. If any single addition or combination of additions to a non-conforming structure result in substantial improvement, then the entire structure shall meet the requirements of this chapter for new construction.

         c.   Maintenance: Maintenance (e.g., painting and other non- structural repairs) is allowed and is not considered a modification. Any cost associated with maintenance shall not be counted towards modification or expansion.

   B.   Building Envelopes: Platted subdivision lots which contain designated building envelopes may be developed pursuant to the conditions on that subdivision plat without the necessity of obtaining a variance or conditional use permit, provided that the site alteration, including yardscape, does not intrude into the riparian setback farther than the designated building envelope or previously approved structure. If the building envelope is within the SFHA, the requirements of subsection 9-17-6E of this chapter shall apply. (Ord. 2019-02, 1-8-2019; Ord. 91-9, 7-22-1991; Ord. 88-4, 9-13-1988)

   A.   Purpose: The Board of County Commissioners hereby finds that in order to more adequately control hazards from flooding existing lands within the Floodplain Overlay District, to ensure that the important environmental features of the State and localities are protected and enhanced, to protect life and property in areas subject to natural hazards at flooding, to protect, preserve and enhance fish, wildlife habitat and recreation resources, to avoid undue water and air pollution, to ensure that residents of the County continue to qualify for the national flood insurance program and to ensure that all persons desiring to undertake any stream alteration are afforded equal protection and procedural due process of law, this section is adopted establishing a formal stream alteration permit system and establishing appropriate standards and criteria to govern the issuance or denial of such permits.

   B.   Interference With Stream Channels Restricted: No person may excavate in, disturb, fill, build in, upon or across, deposit in or change the channel of any nonintermittent stream in the County from high water mark to high water mark; or within the Floodplain Subdistricts, without a stream alteration permit issued by the Board of County Commissioners.

If a property has intermittent streams upon it, a possible change in the channel shall be reviewed under this section at the time of development or subdivision of the property.

   C.   Procedures: Application shall be made for a stream alteration permit upon a form furnished by the Administrator (see subsection C4 of this section). Forms shall also be provided the applicant for a permit from the Department of Water Resources and the Army Corps of Engineers.

      1.   Application: An application for a stream alteration permit shall be filed with the Administrator by at least one holder of interest or their agent. The application may include, but not be limited to, the following information to be specified by the Administrator:

         a.   Applicant's name, address and phone number.

         b.   Name of engineer, if applicable.

         c.   Property location and legal description.

         d.   Name and reach of stream and area of proposed work, including a river milepost description.

         e.   Length of the stream to be worked.

         f.   Type of work to be done.

         g.   Type of equipment to be used.

         h.   Starting and completion dates of work.

         i.   Vicinity map of the area.

         j.   Names and addresses of property owners on both sides of the stream three hundred feet (300') above and one thousand feet (1,000') downstream from the proposed work site.

         k.   Plans and information done to appropriate scale accurately and legibly showing:

            (1)   Location and dimension of lot or property.

            (2)   Location of existing or proposed structures and location of previous stream alterations.

            (3)   Typical cross section of the proposed work.

            (4)   Location of the lot in relation to the stream channel, floodway and floodplain.

            (5)   A valley cross section of the area to be altered, if requested by the County Engineer, showing the stream channel, floodway limit lines, elevations of land areas adjacent to the stream and the elevation of the intermediate regional flood (IRF). The County Engineer, in consultation with FEMA officials, shall review and approve the cross section.

            (6)   Location of any drainageways or overflow channels through the property affected.

         l.   A statement to address potential beneficial and adverse impacts of the project, including the areas upstream, downstream and across the stream. In addition, the application shall include a written statement by a licensed engineer that the project will have no adverse impact or that such impacts have been identified and mitigated to the maximum extent feasible.

         m.   Date application was sent to the Army Corps of Engineers and the Department of Water Resources.

      2.   State And Federal Permits: The applicant shall provide the Administrator with written approval from all applicable State and Federal agencies prior to project implementation.

      3.   Certification, Public Hearing And Action By Board:

         a.   Certification: Upon receipt of the application and all other required data, the Administrator shall certify the application as complete and affix the date of application acceptance thereon.

         b.   Public Hearing: Allowing sufficient time to conduct a site visit, receive input from the County Engineer and other governmental agencies and write staff reports the Administrator shall then schedule the application for the Board's next available hearing time wherein the legal notice requirements can be met.

         c.   Technical Review; Fee: Technical review shall be at the applicant's expense. Fee for such technical review shall be paid by the applicant prior to public hearing.

         d.   Board Consideration: The Board shall consider the application and take public input at a duly noticed public hearing as set forth hereinbelow, and shall evaluate the application based on the standards of evaluation listed in subsection D of this section. The Board shall approve, conditionally approve or disapprove the application making appropriate findings to support its decision.

         e.   Continuance Of Hearing: The Board may order the hearing to be continued up to thirty one (31) days at the same place, in which case no further published notice shall be required other than that requested by the Board. Continuation beyond thirty one (31) days shall require further published notice, established hereinbelow.

         f.   Written Findings: The Board shall adopt its written findings of fact and decision within fifteen (15) days after decision by the Board. The procedures in subsection 9-25-4C of this title shall be followed. The public hearing shall be scheduled within sixty (60) days of certification.

      4.   Emergency Bank Stabilization: There are times when immediate action must be taken to prevent major flood losses. At such times, the normal application and review procedure may be waived; however, before action may be taken, the County must be contacted and verbal approval received from two (2) County Commissioners. The Board may wish to contact the County Engineer to review the request. If emergency bank stabilization is approved, the applicant shall apply for a stream alteration permit within three (3) months of any stabilization and implement the provisions of any approved stream alteration permit by March 31 of the year following the stabilization. If a stream alteration permit is approved, the applicant for the emergency bank stabilization shall:

         a.   Post sufficient financial security as determined by the Board; and

         b.   Complete restoration of the affected property to State minimum standards by either March 31 of the year following the stabilization or by another date so specified by the Board.

   D.   Standards Of Evaluation: The following standards shall be used to review each proposed stream alteration. It is required of the applicant to show that the project meets the criteria of this regulation. Each of the standards in subsections D1 through D6 of this section must be satisfied before a permit can be approved:

      1.   Permit Application: The applicant has applied for permits from the Army Corps of Engineers and the Idaho Department of Water Resources.

If the watercourse runs through a neighboring city, they shall be sent a copy of the application, at the direction of the Administrator, to notify them of possible stream alterations. Copy shall be sent if the project is within one thousand feet (1,000') downstream or one mile upstream.

      2.   Other Property Not Adversely Affected: The proposed stream alteration shall have no adverse impact on the property of another person or entity, including the areas upstream, downstream and across the stream. "No adverse impact" means that the proposed use or activity will not have any deleterious impacts in terms of increased flood peaks, flood stage, flood velocity, erosion and sedimentation, or water quality or that such impacts have been identified and mitigated to the maximum extent feasible.

      3.   Acceptance By County Engineer For Encroachments, Obstructions, Etc., In Floodway: The stream alteration desired will not involve placing an encroachment, structure, fill, deposit, obstruction, storage of materials or equipment in the floodway, all of which are prohibited by subsection 9-17-6A3b of this chapter, unless certification by a registered engineer is provided and accepted by the County Engineer, demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the 100-year flood discharge and other standards of this section are met.

      4.   Compliance: The stream alteration desired shall not have any adverse impacts or go against the stated purposes of the Floodplain Overlay District (section 9-17-2 of this chapter) and the stream alteration permit program (subsection A of this section).

      5.   Local Public Interests: The proposed application (use) does not conflict with the local public interest, i.e., the affairs of the people in the area directly affected by the proposed use. This includes, but is not limited to, property values, fish and wildlife habitat, aquatic life, recreation, aesthetic beauty, water quality or an impact upon a locally important factor. The burden of proof always rests with the applicant.

      6.   Extraordinary Circumstances: The following extraordinary circumstances may favor the granting of a stream alteration permit:

         a.   If the river tries to change to a channel outside of the floodway.

         b.   If the viability of an irrigation structure or water delivery system is threatened.

         c.   If a road or bridge which provides access to homes or businesses is threatened.

         d.   If an existing home or building envelope in a platted subdivision is threatened.

         e.   If severe erosion or severe sedimentation of land is threatened.

         f.   If a public facility (sewer plant, school, etc.) and/or any other use which would affect the chemical quality of the river is threatened.

      7.   State Agencies: If the applicant or landowner with respect to an application for a stream alteration permit under this chapter is the State of Idaho, or any agency, board, department, institution, or district thereof, the commission or the Board, in addition to all other applicable standards and criteria hereunder, shall take into account the plans and needs of the State, or any agency, board, department, institution or district thereof, as required by Idaho Code section 67-6528.

   E.   Conditions: The Board or Administrator may attach conditions upon granting a stream alteration permit. These conditions may include, but are not limited to, the following:

      1.   Requiring the project to be built to Idaho Department of Water Resources, Army Corps of Engineers, the County and applicant's engineering specifications and standards.

      2.   Requiring work to be certified in writing by a registered engineer after its completion that work was done according to County requirements and stipulations.

      3.   Requiring any modification in the extent or design of the proposed work in order to meet the mandatory standards imposed by subsection D of this section.

      4.   Requiring preservation of existing vegetation and revegetation and enhancement of fish and wildlife habitat.

      5.   Requiring review or approval of the application by other agencies or government units.

      6.   Requiring modifications of the project so as not to raise the level of the 100-year floodplain and not to encroach upon the floodway, except as stated in subsection D3 of this section.

      7.   Requiring work to be planned and approved in conjunction with other landowners along the particular reach of the stream in question.

      8.   Requiring the work to be done at a certain height or location.

      9.   Specifying time that the work shall be done (such as low water).

      10.   Requiring work to be done by appropriate construction equipment.

      11.   Limiting reclamation of eroded stream banks in the floodway.

      12.   Requiring overflow channels to remain open.

      13.   Restricting the future location of building envelopes.

      14.   Requiring bonding or a letter of credit to guarantee completion of the work or conditions of approval.

      15.   Agreement to maintain, by the property owners, shall be a condition of approval for all stream alteration permits for any watercourse so that the flood carrying capacity is not diminished and that erosion potential is not increased. The Administrator shall be notified when maintenance work is to be done.

   F.   Responsibilities: The landowner is responsible for obtaining the necessary permit and approval and for ensuring that the work is done according to County and State approvals. The design engineer is responsible for ensuring that engineer's work meets County and State requirements; the certifying engineer is responsible for ensuring that the stream alteration work is done according to County and State approvals. The contractor shall ensure that permits are obtained and the work is done according to them.

   G.   Guides To Be Referenced For Work Performed Under A Stream Alteration Permit And Within Riparian Areas:

      1.   The 1983 manual, “Rules and Regulations, Stream Channel Alterations”, and subsequent amendments, and prepared by the Department of Water Resources; and “Big Wood River Atlas,” prepared by Cardno and Ecosystem Sciences, 2020, are hereby adopted as the primary guides to stream alteration work.

      2.   The “Blaine County Riparian Planting List”, and subsequent amendments, as prepared by the County Planning Department in cooperation with practicing professionals in the field and approved by resolution of the Board, is hereby adopted as the primary guide to riparian area site alteration work. (Ord. 2021-12, 7-20-2021; Ord. 2019-02, 1-8-2019; Ord. 91-9, 7-22-1991; Ord. 88-4, 9-13-1988)

   A.   Variances Allowed: A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of Section 9-17-6(A), (B) & (E) and 9-17-10(A)2 of this Chapter would create an exceptional hardship to the applicant or the surrounding property owners. The unique characteristics must be unique to the property in question and must pertain to the land itself, not to the structure, its inhabitants or the property owners.

   Protecting Blaine County citizens from flooding is a compelling public interest that is so serious that variances from the flood elevation or from other requirements in this Chapter will be rare and limited to the greatest extent possible.

   B.   Procedure: The following sections of Chapter 30, “Variances”, of this Title, shall be applicable to any request for a variance made under this Section:

      1.   Section 9-30-2, “Application for Variance”.

      2.   Section 9-30-3, “Public Hearing and Notice”.

      3.   Section 9-30-5, “Action by Commission”.

      4.   Section 9-30-6, “Notification By The Administrator”.

      5.   Section 9-30-7, “Appeals Process”.

      6.   Section 9-30-8, “Resubmittal”.

      7.   Section 9-30-9, “Expiration”.

   C.   Conditions for Variances:

      1.   Variances shall only be issued:

         a.   Upon a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, or create nuisances, and;

         b.   Upon a determination that failure to grant the variance would result in exceptional hardship to the applicant;

      2.   Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief from the other requirements of this Chapter;

      3.   Variances shall be issued for the repair, rehabilitation or restoration of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure;

      4.   Variances shall not be issued within any floodway if any increase in flood levels during the base flood discharge would result;

      5.   Variances shall be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the Base Flood Elevation, provided the requirements of section 9-17-6-E of this ordinance have been fully satisfied. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

   D.   Standards of Evaluation: In considering variance applications, the commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and:

      1.   The danger that materials may be swept onto other lands to the potential or actual injury of others and their property;

      2.   The danger to life and property due to flooding or erosion damage;

      3.   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

      4.   The importance of the services provided by the proposed facility to the community;

      5.   The necessity to the facility of a waterfront location, where applicable;

      6.   The availability of alternative locations for the proposed use, which are not subject to flooding or erosion damage;

      7.   The compatibility of the proposed use with existing and anticipated development;

      8.   The relationship of the proposed use to the general goals and objectives of the Comprehensive Plan as well as the floodplain management program for that area;

      9.   The safety of access to the property in time of flood for ordinary and emergency vehicles;

      10.   The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and,

      11.   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, water system and streets and bridges.

   E.   Any applicant to whom a variance is granted shall be given authorized written notice specifying the difference between the 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 $25 per $100 of insurance coverage. Such notification shall be maintained with a record of all variance actions, including justification for their issuance.

   F.   The Floodplain Administrator shall maintain a record of all variance actions, including justification for their issuance. (Ord. 2021-12, 7-20-2021)

   A.   Violations And Enforcement: In addition to the methods of enforcement available under Chapter 32 of this Title, violations of this Chapter may be enforced as follows:

      1.   Stop Work Order: For any violation of this Chapter, any approved permit, or any action which constitutes a threat to life or to public or private property as determined by the Administrator, the County shall have the authority to issue a stop work order in the form of a written notice given to the owner of the property or to the owner’s agent or to the person doing the work where such a violation exists. Upon receiving such notice all work shall immediately cease. The notice shall state the conditions, if any, under which work may be resumed. Where an emergency exists, the Board of County Commissioners or Administrator may stop work. A verbal notice is sufficient which must be later memorialized at a public meeting within seven days. Continuation of any such work after written or oral notice is a separate violation of this Chapter.

      2.   Additional Remedies: In addition to any remedies set forth herein, the County retains any remedies in law and equity as may be necessary to enforce the provisions set forth in this Chapter, including, but not limited to:

         a.   Revocation of any permit or modification of the conditions of any permit granted under this Chapter;

         b.   Withholding the issuance of any building permit, certificate of occupancy or inspection by the county; and/or;

         c.   Requiring replacement and a board approved financial guarantee or security by the property owner of any vegetation removed in violation of this chapter or in violation of any permit issued under any county ordinance. Replacement vegetation shall be of sufficient quantity to replace that removed. Vegetation planted in accordance with this requirement shall be replaced if it dies any time within two (2) years after planting.;

         d.   Injunctive relief to enjoin and restrain any person from violating the provisions of this Chapter; and

         e.   Recovery of damages, civil penalties, attorney fees and costs.

      3.   Misdemeanor: In addition to the other remedies set forth herein, any person, contractor, entity or organization which performs or causes or permits to be performed any work or activity in violation of this chapter or who performs any work in excess of the authority granted by the issuance of a stream alteration permit hereunder, or who violates any condition or stipulation placed upon the issuance of a stream alteration permit shall be guilty of a misdemeanor; and subject to penalty as provided in Section 1-4-1 of this Code. Each day or portion thereof during which any work performed in violation of this Chapter continues in existence shall constitute a separate and distinct violation of these provisions. All enforcement provisions of this title as contained in Chapter 32 of this Title, shall be applicable to any violation of this Chapter. (Ord. 2021-12, 7-20-2021)