(1)   Statutory Authority: The Legislature of the State of Idaho, pursuant to Idaho Code section 46-1020 through section 46-1024, authorized local government to adopt Floodplain Management Ordinances that identify floodplains and minimum floodplain development standards to minimize flood hazards and protect human life, health, and property. Therefore, the Board of County Commissioners of Canyon County, Idaho does hereby ordain as follows.

   (2)   Findings Of Fact:

      A.    The flood hazard areas of Canyon County are subject to periodic inundation that results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood relief and protection, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

      B.    These flood losses are caused by development in flood hazard areas, which are inadequately elevated, flood-proofed, or otherwise unprotected from flood damages, and by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities.

      C.    Local government units have the primary responsibility for planning, adopting and enforcing land use regulations to accomplish proper floodplain management.

   (3)   Statement Of Purpose: The purpose of this article is to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

      A.    Protect human life, health, and property;

      B.    Minimize damage to public facilities and utilities such as water purification and sewage treatment plants, water and gas mains, electric, telephone and sewer lines, streets, and bridges located in floodplains;

      C.    Help maintain a stable tax base by providing for the sound use and development of flood prone areas;

      D.    Minimize expenditure of public money for costly flood control projects;

      E.    Minimize the need for rescue and emergency services associated with flooding, generally undertaken at the expense of the general public;

      F.    Minimize prolonged business interruptions;

      G.    Ensure potential buyers are notified the property is in an area of special flood hazard; and

      H.    Ensure those who occupy the areas of the special flood hazard assume responsibility for their actions.

   (4)   Objectives And Methods Of Reducing Flood Losses: In order to accomplish its purpose, this article includes methods and provisions to:

      A.    Require that development which is vulnerable to floods, including structures and facilities necessary for the general health, safety, and welfare of citizens, be protected against flood damage at the time of initial construction;

      B.    Restrict or prohibit developments which are dangerous to health, safety, and property due to water or erosion hazards, or which increase flood heights, velocities, or erosion;

      C.    Control filling, grading, dredging, and other development which may increase flood damage or erosion;

      D.    Prevent or regulate the construction of flood barriers that will unnaturally divert flood waters or that may increase flood hazards to other lands; and

      E.    Preserve and restore natural floodplains, stream channels, and natural protective barriers which carry and store flood waters. (Ord. 19-038, 8-30-2019)

Unless specifically defined below, words or phrases used in this article shall be interpreted according to the meaning they have in common usage and to give this article its most reasonable application.

ACCESSORY STRUCTURE: See section 07-02-03: of this chapter.

APPEAL: A request for review of the Floodplain Administrator's interpretation of provisions of this article or request for a variance.

AREA OF SHALLOW FLOODING: A designated AO or AH Zone on a community's Flood Insurance Rate Map (FIRM) with a one percent (1%) or greater annual chance of flooding to an average depth of one foot (1') to three feet (3') where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

AREA OF SPECIAL FLOOD HAZARD: See definition of special flood hazard area (SFHA).

BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year.

BASE FLOOD ELEVATION (BFE): A determination by the Federal Insurance Administrator of the water surface elevation of the base flood, that is, the flood level that has a one percent (1%) or greater chance of occurrence in any given year. When the BFE has not been provided in a special flood hazard area, it may be obtained from engineering studies available from a Federal, State, or other source using FEMA-approved engineering methodologies. This elevation, when combined with the freeboard, establishes the flood protection elevation.

BASEMENT: Any area of the building having its floor subgrade (below ground level) on all sides.

BUILDING: See definition of structure.

CRITICAL FACILITY: Facilities that are vital to flood response activities or critical to the health and safety of the public before, during, and after a flood, such as a hospital, emergency operations center, electric substation, police station, fire station, nursing home, school, vehicle and equipment storage facility, or shelter; and facilities that, if flooded, would make the flood problem and its impacts much worse, such as hazardous materials facility, power generation facility, water utility, or wastewater treatment plant.

DATUM: The vertical datum is a base measurement point (or set of points) from which all elevations are determined. Historically, that common set of points was the National Geodetic Vertical Datum of 1929 (NGVD29). The vertical datum currently adopted by the Federal government as a basis for measuring heights is the North American Vertical Datum of 1988 (NAVD88).

DEVELOPMENT: Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. Pursuant to Idaho Code sections 46-1021; 46-1022 "development" specifically including the construction of berms, dikes and levees and does not include the operation, cleaning, maintenance or repair of any ditch, canal, lateral, drain, diversion structure or other irrigation or drainage works that is performed or authorized by the owner thereof pursuant to lawful rights and obligations. Note: Should the State alter or repeal any portion of this definition or should a court of competent jurisdiction decide that any portion of this definition is unlawful or invalid, such decision shall only affect those specific sections and the remaining portions of the definition shall remain in full force and effect.

DEVELOPMENT ACTIVITY: Any activity defined as development which will necessitate a floodplain development permit; such as; the construction of buildings, structures, or accessory structures; additions or substantial improvements to existing structures; bulkheads, retaining walls, piers, and pools; the placement of mobile homes; or the deposition or extraction of materials; the construction or elevation of dikes, berms and levees.

DIGITAL FLOOD INSURANCE RATE MAP (DFIRM): The digital official map of a community, issued by the Federal Insurance Administrator, on which both the special flood hazard areas and the risk premium zones applicable to the community are delineated.

ELEVATION CERTIFICATE: An administrative tool of the NFIP that is used to provide elevation information, to determine the proper flood insurance premium rate; and it may be used to support a request for a Letter of Map Amendment (LOMA) or Letter of Map Revision Based On Fill (LOMR-F).

ENCLOSURE: An area enclosed by solid walls below the BFE/FPE or an area formed when any space below the BFE/FPE is enclosed on all sides by walls or partitions. Insect screening or open wood lattice used to surround space below the BFE/FPE is not considered an enclosure.

ENCROACHMENT: The advance or infringement of uses, fill, excavation, buildings, structures, or development into a floodplain, which may impede or alter the flow capacity of a floodplain.

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: A manufactured home park or subdivision where the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and final site grading or the pouring of concrete pads) is completed before the effective date of the original floodplain management regulations adopted by the community, June 17, 1975.

EXISTING STRUCTURES: For the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. May also be referred to as "existing construction".

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA): The agency with the overall responsibility for administering the national flood insurance program.

FLOOD ELEVATION STUDY: See definition of Flood Insurance Study (FIS).

FLOOD INSURANCE RATE MAP (FIRM): An official map of a community, on which the Federal Insurance Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).

FLOOD INSURANCE STUDY (FIS): An examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations; or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from:

   (1)   The overflow of inland or tidal waters;

   (2)   The unusual and rapid accumulation or runoff of surface waters from any source;

   (3)   Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection (2) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current; or

   (4)   The collapse of 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 this definition.

FLOOD PROTECTION ELEVATION (FPE): The base flood elevation plus the freeboard.

FLOOD PROTECTION SYSTEM: Those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes dams, reservoirs, levees, or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.

FLOOD ZONE: A geographical area shown on a Flood Insurance Rate Map (FIRM) that reflects the severity or type of flooding in the area, and applicable insurance rate.

FLOODPLAIN ADMINISTRATOR: The individual appointed to administer and enforce the floodplain management regulations.

FLOODPLAIN DEVELOPMENT PERMIT: Any type of permit that is required in conformance with the provisions of this article, prior to the commencement of any development activity.

FLOODPLAIN OR FLOOD-PRONE AREA: Any land area susceptible to being inundated by water from any source (see definition of "flooding").

FLOODPROOFING: Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FLOODWAY (REGULATORY FLOODWAY): The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation 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 one foot (1').

FUNCTIONALLY DEPENDENT USE: A facility that cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, or ship repair facilities. The term does not include long term storage, manufacture, sales, or service facilities.

HIGHEST ADJACENT GRADE (HAG): The highest natural elevation of the ground surface prior to construction, adjacent to the proposed walls of a structure. Refer to the FEMA Elevation Certificate for HAG related to building elevation information.

HISTORIC STRUCTURE: A structure that is:

   (1)   Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.

   (2)   Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or to a district preliminarily determined by the Secretary to qualify as a registered historic district.

   (3)   Individually listed on a State Inventory of Historic Places and determined as eligible by states with historic preservation programs which have been approved by the Secretary of the Interior, or

   (4)   Individually listed on a Local Inventory of Historic Places and determined as eligible by communities with historic preservation programs that have been certified either:

A. By an approved State program as determined by the Secretary of the Interior, or

B. Directly by the Secretary of the Interior in states without approved programs.

LETTER OF MAP CHANGE (LOMC): A general term used to refer to the several types of revisions and amendments to FIRMs that can be accomplished by letter. They include:

   (1)   Letter of Map Amendment (LOMA): An official amendment, by letter, to an effective National Flood Insurance Program (NFIP) map. A LOMA establishes a property's or structure's location in relation to the special flood hazard area (SFHA). LOMAs are usually issued because a property or structure has been inadvertently mapped as being in the floodplain but is actually on natural high ground above the base flood elevation.

   (2)   Letter of Map Revision (LOMR): FEMA's modification to an effective Flood Insurance Rate Map (FIRM). LOMR's are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or the special flood hazard area (SFHA). The LOMR officially revises the Flood Insurance Rate Map (FIRM) and sometimes the Flood Insurance Study (FIS) report, and when appropriate, includes a description of the modifications. The LOMR is generally accompanied by an annotated copy of the affected portions of the FIRM or FIS report.

   (3)   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.

   (4)   Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map (FIRM) or Flood Insurance Study (FIS). Upon submission and approval of certified as-built documentation, a Letter of Map Revision (LOMR) may be issued by FEMA to revise the effective FIRM. Building permits and/or flood development permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.

LEVEE: A manmade structure, usually an earthen embankment, designed and constructed according to sound engineering practices, to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

LEVEE SYSTEM: A flood protection system that consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

LOWEST ADJACENT GRADE (LAG): The lowest point of the ground level next to the structure. Refer to the FEMA Elevation Certificate for LAG related to building elevation information.

LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 CFR section 60.3 and this article.

MANUFACTURED HOME: See definition in section 07-02-03: of this chapter.

MARKET VALUE: The building value, not including the land value and that of any accessory structures or other improvements on the lot. Market value may be established by independent certified appraisal; replacement cost depreciated for age of building and quality of construction (actual cash value); or adjusted tax assessed values.

MEAN SEA LEVEL: For purposes of the national flood insurance program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's FIRM are referenced.

MUDSLIDE (i.e., MUDFLOW): Describes a condition where there is a river, flow, or inundation of liquid mud down a hillside usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on the ground preceded by a period of unusually heavy or sustained rain. A mudslide may occur as a distinct phenomenon while a landslide is in progress, and will be recognized as such by the Administrator only if the mudflow, and not the landslide, is the proximate cause of damage that occurs.

NATIONAL FLOOD INSURANCE PROGRAM (NFIP): The NFIP is a Federal program created by Congress to mitigate future flood losses nationwide through sound, community-enforced Building and Zoning Ordinance and to provide access to affordable, Federally backed flood insurance protection for property owners.

NEW CONSTRUCTION: For floodplain management purposes, a structure for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. Any construction started after September 28, 1984 and before the effective start date of this article is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within one hundred eighty (180) days of permit issuance.

POST-FIRM: Construction or other development for which the "start of construction" occurred on or after the effective date of the initial Flood Insurance Rate Map (FIRM).

PRE-FIRM: Construction or other development for which the "start of construction" occurred before September 28, 1984, the effective date of the initial Flood Insurance Rate Map (FIRM).

RECREATIONAL VEHICLE: A vehicle that is:

   (1)   Built on a single chassis, and

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

   (3)   Designed to be self-propelled or permanently towed by a light duty truck, and

   (4)   Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel and seasonal use.

REPETITIVE LOSS STRUCTURE: An NFIP-insured structure that has had at least two (2) paid flood losses of more than one thousand dollars ($1,000.00) each in any 10-year period since 1978.

RIVERINE: Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

SPECIAL FLOOD HAZARD AREA (SFHA): The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year. For purposes of these regulations, the term "special flood hazard area" is synonymous in meaning with the phrase "area of special flood hazard".

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 structures, 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 the alteration affects the external dimensions of a building.

STRUCTURE: A walled and roofed building, including a gas or liquid storage tank that is principally aboveground, as well as a manufactured home.

SUBDIVISION: See section 07-02-03: of this chapter.

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 damage also means flood-related damage sustained by a structure on two (2) separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds twenty five percent (25%) of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT: Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:

   (1)   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

   (2)   Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure" and the alteration is approved by variance issued pursuant to this article.

TEMPERATURE-CONTROLLED: Having the temperature regulated by a heating and/or cooling system, built-in or appliance.

VARIANCE: A grant of relief by the Floodplain Administrator from a requirement of the Flood Hazard Overlay Zone.

VIOLATION: The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the Finished Construction Elevation Certificate, other certifications, or other evidence of compliance required within 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.

WATER SURFACE ELEVATION: The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988 (or other specified datum), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

WATERCOURSE: A lake, river, creek, stream, wash, channel, or other topographic feature on or over which waters flow at least periodically. Watercourses includes specifically designated areas in which substantial flood damage may occur. (Ord. 19-038, 8-30-2019)

   (1)   Lands To Which This Article Applies: This article shall apply to all special flood hazard areas within the jurisdiction of Canyon County. Nothing in this article is intended to allow uses or structures that are otherwise prohibited by the Zoning Ordinance.

   (2)   Basis For Area Of Special Flood Hazard: The special flood hazard areas identified by the Federal Insurance Administrator in a scientific and engineering report titled "Flood Insurance Study (FIS) for Canyon County, Idaho, and Incorporated Areas", dated June 7, 2019, with accompanying Flood Insurance Rate Maps (FIRM) or Digital Flood Insurance Rate Maps (DFIRM), and other supporting data, are adopted by reference and declared a part of this article. The FIS and the FIRM are on file at the Office of the Development Services Department 111 North 11th Avenue, Suite 140, Caldwell, Idaho, of Canyon County.

   (3)   Establishment Of Floodplain Development Permit: A floodplain development permit shall be required in conformance with the provisions of this article prior to the commencement of any development activities within special flood hazard areas determined in accordance with the provisions of section 07-10A-09 of this article.

   (4)   Interpretation: In the interpretation and application of this article, all provisions shall be:

      A.    Considered as minimum requirements;

      B.    Liberally construed in favor of the Governing Body; and

      C.    Deemed neither to limit nor repeal any other powers granted under State Statutes.

   (5)   Compliance: No structure or land shall hereafter be located, extended, converted, altered, or developed in any way without full compliance with the terms of this article and other applicable regulations.

   (6)   Abrogation And Greater Restrictions: This article shall not in any way repeal, abrogate, impair, or remove the necessity of compliance with any other laws, ordinances, regulations, easements, covenants, or deed restrictions, etcetera. However, where this article and others conflict or overlap, whichever imposes more stringent or greater restrictions shall control.

   (7)   Warning And Disclaimer Of Liability: The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by manmade or natural causes. This article does not imply that land outside the special flood hazard areas or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of Canyon County or by any officer or employee thereof for flood damages that result from reliance on this article or an administrative decision lawfully made hereunder.

   (8)   Enforcement: It shall be unlawful for any person to fail to comply with the preceding sections, or any part or provision, of this chapter. Upon conviction violations shall be punishable according to section 01-01-07 of the County's Ordinance, General Penalty. Criminal enforcement shall not foreclose use of other remedies in this chapter.

   (9)   Civil penalties: In addition to, and exclusive of, the criminal remedy provided by this section, the County may institute any civil enforcement proceedings pursuant to section 07-19-01 of the County's Ordinance, Civil Enforcement Procedure. Actions to abate for a violation of this section shall require an additional finding by the Board that there is an imminent threat to human health or safety. (Ord. 19-038, 8-30-2019; amd. Ord. 21-030, 10-14- 2021)

   (1)   Designation Of Floodplain Ordinance Administrator: The Director of Development Services, or designee, hereinafter referred to as the "Floodplain Administrator", is hereby appointed to administer and implement the provisions of this article. (Based on comments from FEMA Region 10.)

   (2)   Duties: The Floodplain Administrator shall perform, but not be limited to, the following duties:

      A.    Review all floodplain development applications and issue permits for all proposed development within special flood hazard areas to assure that the requirements of this article have been satisfied.

      B.    Review all proposed development within special flood hazard areas to assure that all necessary local, State and Federal permits have been received, including section 404 of the Federal Water Pollution Control Act amendments of 1972, 33 USC 1334.

      C.    Notify adjacent communities and the Idaho Department of Water Resources State Coordinator for the National Flood Insurance Program (NFIP) prior to any alteration or relocation of a watercourse and submit evidence of such notification by means of a LOMC to the Federal Insurance Administrator (FIA).

      D.    Assure by means of a hydraulic and hydrology analysis that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.

      E.    Prevent encroachments into floodways unless the certification and flood hazard reduction provisions of subsection 07-10A-11(4) of this article are met.

      F.    Obtain and maintain actual elevation (in relation to mean sea level) of the lowest floor (including basement) and all attendant utilities of all new and substantially improved structures, in accordance with the provisions of subsection 07-10A-09(3) of this article.

      G.    Obtain and maintain actual elevation (in relation to mean sea level) to which all new and substantially improved structures and utilities have been floodproofed, in accordance with the provisions of subsection 07-10A-09(3) of this article.

      H.    Review plans to verify public utilities are constructed in accordance with the provisions of subsections 07-10A-11(1)E through (1)G of this article.

      I.    When floodproofing is utilized for a particular structure, obtain and maintain certifications from a registered professional engineer or architect in accordance with the provisions of subsections 07-10A-09(3)B and 07-10A-11(2)B of this article.

      J.    Where interpretation is needed as to the exact location of boundaries of the special flood hazard areas, and floodways (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity through application of a LOMC from FEMA to appeal the interpretation as provided in this article.

      K.    When base flood elevation (BFE) data has not been provided in accordance with the provisions of subsection 07-10A-05(2) of this article, obtain, review, and reasonably utilize any BFE data, along with floodway data available from a Federal, State, or other source, including data developed pursuant to subsection 07-10A-11(3)A2 of this article, in order to administer the provisions of this article.

      L.    When base flood elevation (BFE) data is provided but no floodway data has been provided in accordance with the provisions of subsection 07-10A-05(2) of this article, require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zone AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot (1') at any point within the community.

      M.    Permanently maintain all records that pertain to the administration of this article and make these records available for public inspection, recognizing that such information may be subject to the Privacy Act of 1974, as amended.

      N.    As the work pursuant to a floodplain development permit progresses, the Floodplain Administrator may make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of the local ordinance and the terms of the permit. In exercising this power, the Floodplain Administrator has a right, upon presentation of the proper credentials, to enter on any premises within the jurisdiction of the community at any reasonable hour for the purposes of inspection or other enforcement action. The stop-work order shall constitute a request for voluntary compliance under section 07-19-01: of this chapter provided the stop-work-order is in substantial compliance with the form and procedure for a voluntary request for compliance required by that section.

      O.    The Floodplain Administrator may revoke and require the return of the floodplain development permit by notifying the permit holder in writing stating the reason(s) for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, and specifications; for refusal or failure to comply with the requirements of State or local laws; or for false statements or misrepresentations made in securing the permit. Any floodplain development permit mistakenly issued in violation of an applicable State or local law may also be revoked.

      P.    Make periodic inspections throughout the special flood hazard areas within the jurisdiction of the community. The Floodplain Administrator and each member of his or her Inspections Department shall have a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action.

      Q.    Administer requests for variances in compliance with section 07-10A-13 of this article.

      R.    Maintain a current map repository to include, but not limited to, the FIS Report, FIRM and other official flood maps, and studies adopted in accordance with the provisions of subsection 07-10A-05(2) of this article, including any revisions thereto including Letters of Map Change, issued by FEMA. Notify the NFIP State Coordinator and FEMA of your community's mapping needs.

      S.    Coordinate revisions to FIS reports and FIRMs, including Letters of Map Revision Based On Fill (LOMR-Fs) and Letters of Map Revision (LOMRs).

      T.    A community's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six (6) months after the date such information becomes available, a community shall notify the Federal Insurance Administrator (FIA) of the changes by submitting technical or scientific data in accordance with volume 44 Code of Federal Regulations section 65.3. Such a submission is necessary to that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.

      U.    Upon occurrence, notify the Federal Insurance Administrator (FIA) in writing whenever the boundaries of the community have been modified by annexation or the community has otherwise assumed or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that FIRMs accurately represent the community's boundaries, include within such notification a copy of a map of the community suitable for reproduction, clearly delineating the new corporate limits or new area for which the community has assumed or relinquished floodplain management regulatory authority. (Ord. 19-038, 8-30-2019)

   (1)   Application Requirements: Upon determination by the Floodplain Administrator, an application for a floodplain development permit shall be made prior to any development activities located within the special flood hazard areas. The following items shall be presented to apply for a floodplain development permit:

      A.    A plot plan drawn to scale which shall include, but shall not be limited to, the following specific details of the proposed floodplain development:

         1.    The nature, location, dimensions, and elevations of the area of development/disturbance; existing and proposed structures, utility systems, grading/pavement areas, fill materials, storage areas, drainage facilities, and other development;

         2.    The boundary of the special flood hazard area as delineated on the FIRM as determined in subsection 07-10A-05(2) of this article, or a statement that the entire lot is within the special flood hazard area;

         3.    The flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map as determined in subsection 07-10A-05(2) of this article;

         4.    The boundary of the floodway(s) as determined in subsection 07-10A-05(2) of this article;

         5.    The base flood elevation (BFE) where provided as set forth in subsections 07-10A-05(2) and (3); or subsection 07-10A-11(3) of this article;

         6.    The old and new location of any watercourse that will be altered or relocated as a result of proposed development; and

         7.    The certification of the plot plan by a registered land surveyor or professional engineer.

      B.    Proposed elevation, and method thereof, of all development within a special flood hazard area including but not limited to:

         1.    Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures;

         2.    Elevation in relation to mean sea level to which any non- residential structure in Zone A, AE, AH, and AO will be floodproofed; and

         3.    Elevation in relation to mean sea level to which any proposed utility equipment and machinery will be elevated or floodproofed.

      C.    If floodproofing, a Floodproofing Certificate (FEMA Form 086-0-33) with supporting data, an operational plan, and an inspection and maintenance plan that include, but are not limited to, installation, exercise, and maintenance of floodproofing measures will be required prior to Certificate of Occupancy/Completion.

      D.    A Foundation Plan, drawn to scale, which shall include details of the proposed foundation system to ensure all provisions of this article are met. These details include but are not limited to:

         1.    The proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter wall, solid backfilled foundation, open foundation, or on columns/posts/piers/piles/shear walls); and

         2.    Openings to facilitate automatic equalization of hydrostatic flood forces on walls in accordance with subsection 07-10A-11(1)H2 of this article when solid foundation perimeter walls are used in Zones A, AE, AH, and AO.

      E.    Usage details of any enclosed areas below the lowest floor.

      F.    Plans and/or details for the protection of public utilities and facilities such as sewer, gas, electrical, and water systems to be located and constructed to minimize flood damage.

      G.    Certification that all other local, State, and Federal permits required prior to floodplain development permit issuance have been received.

      H.    Documentation for placement of recreation vehicles and/or temporary structures, when applicable, to ensure that the provisions of subsection 07-10A-11(2)E of this article are met.

      I.    A description of proposed watercourse alteration or relocation, when applicable, including an engineering report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream.

   (2)   Permit Requirements: The floodplain development permit shall include, but not be limited to:

      A.    A complete description of all the development to be permitted under the floodplain development permit (i.e., house, garage, pool, septic, bulkhead, cabana, pole barn, chicken coop, pier, bridge, mining, dredging, filling, rip-rap, docks, grading, paving excavation or drilling operations, or storage of equipment or materials, etcetera).

      B.    The special flood hazard area determination for the proposed development in accordance with available data specified in subsection 07-10A-05(2) of this article.

      C.    The flood protection elevation required for the lowest floor and all attendant utilities.

      D.    The flood protection elevation required for the protection of all utility equipment and machinery.

      E.    All certification submittal requirements with timelines.

      F.    A statement that no fill material or other development shall encroach into the floodway of any watercourse, as applicable.

      G.    The flood openings requirements.

      H.    All floodplain development permits shall be conditional upon the start of construction of work within one hundred eighty (180) days after issuance unless the permitted activity has commenced as per the start of construction definition.

      I.    Fully enclosed areas below the lowest floor are usable solely for parking of vehicles, building access or storage.

      J.    All materials below BFE/FPE must be flood resistant materials.

   (3)   Certification Requirements:

      A.    Elevation Certificates:

         1.    A Construction Drawings Elevation Certificate (form provided by FEMA) is required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the lowest floor, in relation to mean sea level. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder prior to the beginning of construction. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit.

         2.    A Final As Built Finished Construction Elevation Certificate (form provided by FEMA) is required after construction is completed and prior to Certificate of Compliance/Occupancy issuance. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of final as-built construction of the elevation of the lowest floor and all attendant utilities. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to Certificate of Compliance/Occupancy issuance. In some instances, another certification may be required to certify corrected as-built construction. Failure to submit the certification or failure to make required corrections shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy. The Finished Construction Elevation Certificate certifier shall provide at least two (2) photographs showing the front and rear of the building taken within ninety (90) days from the data certification. The photographs must be taken with views confirming the building description and diagram number provided in section A of the certificate. To the extent possible, these photographs should show the entire building including foundation. If the building has split-level or multi- level areas, provide at least two (2) additional photographs showing side views of the building. In addition, when applicable, provide a photograph of the foundation showing a representative example of the flood openings or vents. All photographs must be in color and measure at least 3" x 3". Digital photographs are acceptable.

      B.    Floodproofing Certificate: If non-residential floodproofing is used to meet the flood protection elevation requirements, design plans, with supporting data, an operation plan and an inspection and maintenance plan are required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the floodproofed design elevation of the lowest floor and all attendant utilities, in relation to mean sea level. Floodproofing certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. The Floodplain Administrator shall review the certificate data, the operational plan, and the inspection and maintenance plan. Deficiencies detected by such review shall be corrected by the applicant prior to permit approval. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit. Prior to request for a Certificate of Compliance/Occupancy a Floodproofing Certificate (FEMA 086-0-34) shall be provided to the Floodplain Administrator for review and approval.

      C.    Manufactured Home: If a manufactured home is placed within Zone A, AE, AH, and AO, and the elevation of the chassis is more than thirty six inches (36") in height above grade, an engineered foundation certification is required in accordance with the provisions of subsection 07-10A-11(2)D2 of this article.

      D.    Alter Or Relocate Watercourse: If a watercourse is to be altered or relocated, the following shall all be submitted by the permit applicant prior to issuance of a floodplain development permit:

         1.    A description of the extent of watercourse alteration or relocation; and

         2.    A professional engineer's certified report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and

         3.    A map showing the location of the proposed watercourse alteration or relocation; and

         4.    An Idaho stream channel alteration permit approval shall be provided by the applicant to the Floodplain Administrator.

      E.    Certification Exemptions: The following structures are exempt from the elevation/floodproofing certification requirements specified in subsections (3)A and (3)B of this section:

         1.    Recreational vehicles meeting requirements of subsection 07-10A-11(2)E of this article;

         2.    Temporary structures meeting requirements of subsection 07-10A-11(2)F of this article; and

         3.    Accessory structures one thousand five hundred (1,500) square feet or less meeting requirements of subsection 07-10A-11(2)G of this article. (Ord. 19-038, 8-30-2019)

   (1)   General Standards: In all special flood hazard areas the following provisions are required:

      A.    All new construction, substantial improvements, and development shall be designed (or modified) and adequately anchored to prevent flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

      B.    All new construction, substantial improvements, and development shall be constructed with materials and utility equipment resistant to flood damage.

      C.    All new construction, substantial improvements, and development shall be constructed by methods and practices that minimize flood damages.

      D.    All new and replacement electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding to the flood protection elevation. 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.

      E.    All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

      F.    All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.

      G.    On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.

      H.    A fully enclosed area, of new construction and substantially improved structures, which is below the lowest floor used solely for parking, access, and storage shall:

         1.    Be constructed entirely of flood resistant materials at least to the flood protection elevation; and

         2.    Include, in Zones A, AE, AH, and AO, flood openings to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet or exceed the following minimum design criteria:

            (A)   A minimum of two (2) flood openings on different sides of each enclosed area subject to flooding;

            (B) The total net area of all flood openings must be at least one square inch for each square foot of enclosed area subject to flooding;

            (C) If a building has more than one enclosed area, each enclosed area must have flood openings to allow floodwaters to automatically enter and exit;

            (D) The bottom of all required flood openings shall be no higher than one foot (1') above the grade;

            (E) Flood openings may be equipped with screens, louvers, or other coverings or devices, provided they permit the automatic flow of floodwaters in both directions; and

            (F) Enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require flood openings. Masonry or flood resistant wood underpinning, regardless of structural status, is considered an enclosure and requires flood openings as outlined above.

      I.    Any alteration, repair, reconstruction, or improvements to a structure, which is in compliance with the provisions of this article, shall meet the requirements of "new construction" as contained in this article.

      J.    New solid waste disposal facilities and sites, hazardous waste management facilities, salvage yards, and chemical storage facilities shall not be permitted. A structure or tank for chemical or fuel storage incidental to an allowed use or to the operation of a water treatment plant or wastewater treatment facility may be located in a special flood hazard area only if the structure or tank is either elevated or floodproofed to at least the flood protection elevation and certified in accordance with the provisions of subsection 07-10A-09(3) of this article.

      K.    All subdivision proposals and other development proposals shall be consistent with the need to minimize flood damage and determined to be reasonably safe from flooding.

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

      M.    All subdivision proposals and other development proposals shall have adequate drainage provided to reduce exposure to flood hazards.

      N.    All subdivision proposals and other development proposals shall have received all necessary permits from those governmental agencies for which approval is required by Federal or State law, including section 404 of the Federal Water Pollution Control Act amendments of 1972, 33 USC 1334.

      O.    All subdivision proposals and other development proposals greater than fifty (50) lots or five (5) acres, whichever is the lesser, shall include within such proposals base flood elevation data.

      P.    When a structure is partially located in a special flood hazard area, the entire structure shall meet the requirements for new construction and substantial improvements.

      Q.    When a structure is located in multiple flood hazard zones or in a flood hazard risk zone with multiple base flood elevations, the provisions for the more restrictive flood hazard risk zone and the highest base flood elevation (BFE) shall apply.

   (2)   Specific Standards: In all special flood hazard areas where base flood elevation (BFE) data has been provided, as set forth in subsection 07-10A-05(2) of this article, the following provisions, in addition to the provisions of subsection (1) of this section, are required:

      A.    Residential Construction: New construction, substantial improvements, and development of any residential structure (including manufactured homes) shall have the lowest floor, including basement, elevated no lower than the flood protection elevation, as defined in section 07-10A-03 of this article.

      B.    Non-Residential Construction: New construction, substantial improvements, and development of any commercial, industrial, or other non-residential structure shall have the lowest floor, including basement, elevated no lower than the flood protection elevation as defined in section 07-10A-03 of this article. Structures located in Zones A, AE, AH, and AO may be floodproofed to the flood protection elevation in lieu of elevation provided that all areas of the structure, together with attendant utility and sanitary facilities, below the flood protection elevation are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. For AH and AO Zones, the floodproofing elevation shall be in accordance with subsection (5)B of this section. A registered professional engineer or architect shall certify that the floodproofing standards of this subsection are satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in subsection 07-10A-09(3) of this article, along with the operational plan and the inspection and maintenance plan.

      C.    Additions/Improvements:

         1.    Additions and/or improvements to pre-FIRM structures when the addition and/or improvements in combination with any interior modifications to the existing structure are:

            (A) Not a substantial improvement, the addition and/or improvements must be designed to minimize flood damages and must not be any more non-conforming than the existing structure; or

            (B) A substantial improvement, both the existing structure and the addition and/or improvements must comply with the standards for new construction.

         2.    Additions to non-compliant post-FIRM structures that are a substantial improvement with modifications to the existing structure other than a standard door in the common wall shall require only the addition to comply with the standards for new construction.

         3.    Additions and/or improvements to non-compliant post-FIRM structures when the addition and/or improvements in combination with any interior modifications to the existing structure are:

            (A) Not substantial improvement, the addition and/or improvements only must comply with the standards for new construction; or

            (B) A substantial improvement, both the existing structure and the addition and/or improvements must comply with the standards for new construction.

      D.    Manufactured Home Standards:

         1.    New and replacement manufactured homes shall be elevated so that the lowest floor of the manufactured home is not lower than the flood protection elevation, as defined in section 07-10A-03 of this article.

         2.    Manufactured homes shall be securely anchored to an adequately anchored foundation to resist flotation, collapse, and lateral movement, either by certified engineered foundation system, or in accordance with the most current edition of the Idaho Division of Building Safety's "Idaho Manufactured Home Installation Standard" in accordance with Idaho Code section 44-2201(2). Additionally, when the elevation would be met by an elevation of the chassis thirty six inches (36") or less above the grade at the site, the chassis shall be supported by reinforced piers or engineered foundation. When the elevation of the chassis is above thirty six inches (36") in height, an engineering certification is required.

         3.    All enclosures or skirting below the lowest floor shall meet the requirements of subsections (1)H1 and (1)H2 of this section.

         4.    An evacuation plan must be developed for evacuation of all residents of all new, substantially improved, or substantially damaged manufactured home parks or subdivisions located within a flood prone area. This plan shall be filed with and approved by the Floodplain Administrator and the local Emergency Management Coordinator.

      E.    Recreational Vehicles: Temporary placement of recreational vehicles shall:

         1.    Be on site for fewer than one hundred eighty (180) consecutive days and be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and has no permanently attached additions); or

      F.    Temporary Non-Residential Structures: Prior to the issuance of a floodplain development permit for a temporary structure, the applicant must submit to the Floodplain Administrator a plan for the removal of such structure(s) in the event of a flash flood or other type of flood warning notification. The following information shall be submitted in writing to the Floodplain Administrator for review and written approval:

         1.    A specified time period for which the temporary use will be permitted. Time specified may not exceed six (6) months, renewable up to one year;

         2.    The name, address, and phone number of the individual responsible for the removal of the temporary structure;

         3.    The time frame prior to the event at which a structure will be removed (i.e., immediately upon flood warning notification);

         4.    A copy of the contract or other suitable instrument with the entity responsible for physical removal of the structure; and

         5.    Designation, accompanied by documentation, of a location outside the special flood hazard area, to which the temporary structure will be moved.

      G.    Accessory Structures:

         1.    Accessory Structures (Footprint Greater Than 1,500 Square Feet): When accessory structures (sheds, detached garages, etc.) used solely for parking, and storage are to be placed within a special flood hazard area, elevation or floodproofing certifications are required for all accessory structures in accordance with subsection 07-10A-09(3) of this article, and the following criteria shall be met:

            (A) Accessory structures shall not be used for human habitation (including working, sleeping, living, cooking, or restroom areas);

            (B) Accessory structures shall not be temperature-controlled;

            (C) Accessory structures shall be designed to have low flood damage potential;

            (D) Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters;

            (E) Accessory structures shall be firmly anchored in accordance with the provisions of subsection (1)A of this section. All utility equipment and machinery, such as electrical, shall be installed in accordance with the provisions of subsection (1)D of this section; and

            (F) Flood openings to facilitate automatic equalization of hydrostatic flood forces shall be provided below flood protection elevation in conformance with the provisions of subsection (1)H of this section.

         2.    Accessory Structures (1,500 Square Feet Or Less): An accessory structure with a footprint less than one thousand five hundred (1,500) square feet that satisfies the criteria outlined in subsections (2)G1(A) through (2)G1(F) of this section is not required to provide the elevation certificate per subsection (2)B of this section.

         3.    Accessory Structures Not Used Solely For Parking Access And Storage: Accessory structures not used solely for parking access, and storage must be elevated per subsections (2)A and (2)B of this section.

      H.    Tanks: When gas and liquid storage tanks are to be placed within a special flood hazard area, the following criteria shall be met:

         1.    Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse, or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the base flood, including the effects of buoyancy (assuming the tank is empty);

         2.    Elevated above-ground tanks, in flood hazard areas shall be attached to and elevated to or above the design flood elevation on a supporting structure that is designed to prevent flotation, collapse, or lateral movement during conditions of the base flood. Tank-supporting structures shall meet the foundation requirements of the applicable flood hazard area;

         3.    Not elevated above-ground tanks may be permitted in flood hazard areas provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood-borne debris;

         4.    Tank inlets, fill opening, outlets and vents shall be:

            (A) At or above the flood protection elevation 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

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

      I.    Construction Of Below-Grade Crawlspace:

         1.    The height of the below-grade crawlspace, measured from the interior grade of the crawlspace to the top of the crawlspace foundation wall, must not exceed four feet (4') at any point.

         2.    There must be an adequate drainage system that removes floodwaters from the interior area of the crawlspace. The enclosed area should be drained within a reasonable time after a flood event.

         3.    The velocity of floodwaters at the site should not exceed five feet (5') per second for any crawlspace.

      J.    Other Development In Floodways:

         1.    Fences that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, in regulated floodways shall meet the limitations of subsection (4) of this section.

         2.    Retaining walls, bulkheads, sidewalks, and driveways that involve the placement of fill in regulated floodways shall meet the limitations of subsection (4) of this section.

         3.    Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings, and similar means for vehicles or pedestrians to travel from one side of the watercourse to the other side, which encroach into regulated floodways, shall meet the limitations of subsection (4) of this section.

         4.    Drilling water, oil, and/or gas wells including fuel storage tanks, apparatus, and any equipment at the site that encroach into regulated floodways shall meet the limitations of subsection (4) of this section.

         5.    Docks, piers, boat ramps, marinas, moorings, decks, docking facilities, port facilities, ship building, and ship repair facilities that encroach into regulated floodways shall meet the limitations of subsection (4) of this section.

         6.    Gravel and sand extraction: See sections 07-14-17 and 07-14-19 of this chapter.

      K.    Subdivision Plats In Flood Zone:

         1.    Development Plan: For any proposed subdivision that is located within a map floodplain, the developer/applicant shall provide a development plan of adequate scale and supporting documentation that demonstrates consistency with subsection (1) of this section and includes the following:

            (A) Location of all planned improvements;

            (B) The location of floodways and the floodway fringe in accordance with sound engineering practices;

            (C) The location of the present water channel;

            (D) Any planned rerouting of waterways;

            (E) All major drainageways;

            (F) Areas of frequent flooding;

            (G) Means of floodproofing buildings; and

            (H) Means of insuring loans for improvements within the floodplain.

         2.    Review: To give additional guidance in approving any proposed subdivision within a floodplain, the commission shall review proposed developments considering the new construction and substantial improvements of residential structures within the floodplain shall have the lowest floor (including basement) elevated to or above the level of the 100-year flood; and for new construction or substantial improvements of nonresidential structures, the lowest floor (including basement) shall be elevated to or above the level of the 100-year flood, or together with attendant utility and sanitary facilities, shall be floodproofed up to the level of the 100-year flood.

         3.    Justification For Development: Upon determination that buildings are planned within the floodplain or that alterations of any kind are anticipated within the floodplain area that will alter the flow of water, the developer/applicant shall demonstrate conclusively that such development will not present a hazard to life or limb, hazard to property, adverse effects on the safety, use or stability of a public way or drainage channel and not have an adverse impact on the natural environment. Justification shall be submitted in letter form with the preliminary plat.

         4.    Appropriateness Of Subdivision: In determining the appropriateness of subdivision for land located within the floodplain, the presiding party and board shall consider the objectives of this chapter and at least the following upon consideration of the preliminary plat:

            (A) The danger to life and property due to the increased flood heights or velocities caused by subdivision fill, roads and intended uses;

            (B) The danger that intended uses may be swept on the other lands or downstream to the injury of others;

            (C) The adequacy of proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions under flood conditions;

            (D) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

            (E) The importance of the services provided by the proposed facility to the community;

            (F) The requirements of the subdivision for a waterfront location;

            (G) The availability of alternative locations not subject to flooding for the proposed subdivision and land uses;

            (H) The compatibility of the proposed uses with existing development and development anticipated in the foreseeable future;

            (I) The relationship of the proposed subdivision to the comprehensive plan and any floodplain management programs for the area;

            (J) The safety of access to the property for emergency vehicles in times of flood;

            (K) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site; and

            (L) The cost of providing governmental services during the after flood conditions including maintenance and repair of public utilities such as sewer, gas, electrical and water systems, and streets and bridges.

            (M) No subdivision or part thereof shall be approved if levees, fills, structures or other features within the proposed subdivision will individually or collectively significantly increase flood flows, heights or danger. If only part of the proposed subdivision can be safely developed, development shall be limited to that part and the County shall require development to proceed consistent with that determination.

         5.    Floodproofing Plans: Floodproofing plans must be individually approved by the Board upon recommendation from the commission before such uses are constructed. Floodproofing may include, but not be limited to, the following:

            (A) Anchorage to resist flotation and lateral movement;

            (B) Installation of watertight doors, bulkheads and shutters or similar methods of closure;

            (C) Reinforcement of walls to resist water pressure;

            (D) Use of paints, membranes or mortars to reduce seepage of water through walls;

            (E) Addition of mass or weight to structures to resist flotation;

            (F) Installation of pumps or comparable facilities for subsurface drainage systems to relieve external foundation walls and basement flood pressures;

            (G) Construction of water supply and waste treatment systems so as to prevent the entrance of floodwaters;

            (H) Installation of pumps or comparable facilities for subsurface drainage systems to relieve external foundation wall and basement flood pressures;

            (I) Building design and construction to resist rupture or collapse caused by water pressure or floating debris;

            (J) Installation of valves or controls on sanitary and storm drains which permit the drains to be closed to prevent backup of sewage and stormwaters into buildings or structures;

            (K) Location and installation of all electrical equipment, circuits and electrical appliances so that they are protected from inundation by the regulatory flood; and

            (L) Location of storage facilities for chemicals, explosives, buoyant materials, flammable liquids or other toxic material which could be hazardous to public health, safety and welfare at elevations above the height associated with the regulatory protection elevation or design of such facilities to prevent flotation of storage containers, or damage to storage containers which could result in the escape of toxic materials into floodwaters.

      L.    Critical Facilities: Applications for the construction of a critical facility shall include a statement from a licensed engineer specifying the design flood event and base flood elevations.

   (3)   Standards For Floodplains Without Established Base Flood Elevations: Within the special flood hazard areas designated as Zone A (also known as unnumbered A Zones) and established in subsection 07-10A-05(2) of this article, where no base flood elevation (BFE) data has been provided by FEMA, the following provisions, in addition to the provisions of subsection (1) of this section, shall apply:

      A.    The BFE used in determining the flood protection elevation (FPE) shall be determined based on the following criteria:

         1.    When base flood elevation (BFE) data is available from other sources, all new construction and substantial improvements within such areas shall also comply with all applicable provisions of this article and shall be elevated or floodproofed in accordance with standards in subsections (1) and (2) of this section.

         2.    When floodway data is available from a Federal, State or other source, all new construction and substantial improvements with the floodway areas shall also comply with the requirements of subsections (2) and (4) of this section.

         3.    Require that all new subdivision proposals and other proposed developments (including proposals for subdivisions greater than 50 lots or 5 acres, whichever is the lesser), include within such proposals base flood elevation data. Such base flood elevation (BFE) data shall be adopted by reference in accordance with subsection 07-10A-05(2) of this article and utilized in implementing this article.

         4.    When base flood elevation (BFE) data is not available from a Federal, State or other source as outlined above, the lowest floor shall be elevated or floodproofed (non-residential) to two feet (2') above the highest adjacent grade (HAG) at the building site or to the flood protection elevation (FPE) whichever is higher, as defined in section 07-10A-03 of this article. All other applicable provisions of subsection (2) of this section shall also apply.

   (4)   Standards For Floodways: Areas designated as floodways located within the special flood hazard areas established in subsection 07-10A-05(2) of this article. The floodways are extremely hazardous areas due to the velocity of floodwaters that have erosion potential and carry debris and potential projectiles. The following provisions, in addition to standards outlined in subsections (1) and (2) of this section, shall apply to all development within such areas:

      A.    No encroachments, including fill, new construction, substantial improvements, and other developments shall be permitted unless:

         1.    It is demonstrated that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood, based on hydrologic and hydraulic analyses performed in accordance with standard engineering practices and presented to the Floodplain Administrator prior to issuance of floodplain development permit; or

         2.    A Conditional Letter of Map Revision (CLOMR) has been approved by FEMA. A Letter of Map Revision (LOMR) must also be obtained within six (6) months of completion of the proposed encroachment.

      B.    If subsection (4)A of this section is satisfied, all development shall comply with all applicable flood hazard reduction provisions of this article.

      C.    Manufactured homes may be permitted provided the following provisions are met:

         1.    The anchoring and the elevation standards of subsection (2)D of this section; and

         2.    The encroachment standards of subsection (4)A of this section.

   (5)   Standards For Areas Of Shallow Flooding (Zone AO And AH): Areas designated as shallow flooding areas have special flood hazards associated with base flood depths of one foot (1') to three feet (3') where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. In addition to subsections (1) and (2) of this section, all new construction and substantial improvements shall meet the following requirements:

      A.    The lowest floor shall be elevated at least as high as the depth number specified on the Flood Insurance Rate Map (FIRM), in feet, plus a freeboard of one foot (1'), above the highest adjacent grade; or at least two feet (2') above the highest adjacent grade if no depth number is specified. A minimum of two feet (2') is required and four feet (4') is recommended where a depth is not provided.

      B.    Non-residential structures may, in lieu of elevation, be floodproofed to the same level as required in subsection (5)A of this section so that the structure, together with attendant utility and sanitary facilities, below that level shall be 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. Certification is required in accordance with subsection 07-10A-09(3) of this article, and subsection (2)B of this section.

      C.    Accessory structure (sheds, detached garages, etc.):

         1.    Used solely for parking, access, and storage:

            (A) Shall have the lowest floor elevated to at least as high as the depth number specified on the Flood Insurance Rate Map (FIRM), in feet, plus a freeboard of one foot (1'), above the highest adjacent grade; or at least two feet (2') above the highest adjacent grade if no depth number is specified. A minimum of two feet (2') is required and four feet (4') is recommended where a depth is not provided; or

            (B) Shall have flood openings to facilitate automatic equalization of hydrostatic flood forces shall be provided below Flood Protection Elevation in conformance with the provisions of subsection (1)H of this section.

         2.    Not used solely for parking, access, and storage:

            (A) Shall be elevated per subsections (2)A and (2)B of this section.

      D.    Adequate drainage paths shall be provided around structures on slopes to guide floodwaters around and away from proposed structures. (Ord. 19-038, 8-30-2019)

   (1)   Application And Process:

      A.    An application for a variance must be submitted to the Floodplain Administrator on the form provided by the Canyon County Development Services Department and include, at a minimum, the same information required for a development permit, an explanation for the basis for the variance request and appropriate fee.

      B.    Upon receipt of a completed application for a variance, the variance request will be reviewed by the Floodplain Administrator. Compliance with granting a variance shall be within the discretion of the Floodplain Administrator following a full review of the facts as stated on the application and as a result of the required agency notification.

      C.    Prior to decision by the Floodplain Administrator, notice of the variance request will be provided to the applicable Flood District and Idaho Department of Water Resources State Coordinator for the National Flood Insurance Program (NFIP) at least fifteen (15) days prior to decision by the Floodplain Administrator.

      D.    The burden to show that the variance is warranted and meets the criteria set out herein is on the applicant.

   (2)   Issuance: 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, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances;

      B.    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;

      C.    Upon determination that the variance is the minimum necessary, considering the flood hazard, to afford relief;

      D.    Upon showing of good and sufficient cause;

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

      F.    Upon showing that the use cannot perform its intended purpose unless it is located or carried out in close proximity of water. This includes only facilities defined in section 07-10A-03 of this article in the definition of "functionally dependent use".

   (3)   Variance Criteria:

      A.    In considering variance applications, Canyon County shall consider all technical evaluations, all relevant factors, standards specified in other sections of this article, and:

         1.    The danger that materials may be swept onto other lands to the injury of others;

         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 as defined under section 07-10A-03 of this article as a functionally dependent facility, where applicable;

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

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

         8.    The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

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

         10.    The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

         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 and water systems, and streets and bridges.

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

   (4)   Variance Decision: The decision to either grant or deny a variance shall be in writing and shall set forth the reasons for such approval and denial. If the variance is granted, the property owner shall be put on notice along with the written decision that the permitted development will have its lowest floor below the flood protection elevation and that the cost of flood insurance likely will be commensurate with the increased flood damage risk. The Floodplain Administrator shall maintain a record of all variance actions, including justification for their issuance. (Ord. 19-038, 8-30-2019)

07-10A-15: APPEALS:

   (1)   Hearing And Decision: The Board of Canyon County Commissioners shall hear and decide appeals from the interpretations of the Floodplain Administrator.

   (2)   Filing: An appeal must be filed with the Floodplain Administrator within fourteen (14) days of the date of any permit denial or interpretation of the Administrator. Failure to timely file an appeal shall be considered a failure to exhaust the administrative remedies. The appeal must set out the interpretation of the Floodplain Administrator and a narrative setting forth the facts relied upon by the appellant and the appellant's claim regarding the error in the interpretation.

   (3)   Ruling: Upon receipt of a completed appeal, the appeal will be scheduled for the next available Board of Commissioners meeting to be heard. The Board of Commissioners shall consider the following in ruling on an appeal:

      A.    All technical evaluations, all relevant factors, standards specified in this section, including:

         1.    The danger that materials may be swept onto other lands to the injury of others;

         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 effects of such damage on the individual landowner;

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

         5.    The necessity of the facility to 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 comprehensive plan and floodplain management program for that area;

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

         10.    The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

         11.    The cost of providing government services during and after flood conditions;

         12.    Including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

   (4)   Decision: The Board of Commissioners' decision on appeal shall be in writing and set out the facts, technical information and the legal basis for the decision. (Ord. 19-038, 8-30-2019)

   (1)   Effect On Rights And Liabilities Under The Existing Flood Damage Prevention Ordinance: This article, in part, comes forward by re-enactment of some of the provisions of the Flood Damage Prevention Ordinance enacted September 28, 1984 as amended, and it is not the intention to repeal but rather to re-enact and continue to enforce without interruption of such existing provisions, so that all rights and liabilities that have accrued thereunder are reserved and may be enforced. The enactment of this article shall not affect any action, suit, or proceeding instituted or pending. All provisions of the Flood Damage Prevention Ordinance of Canyon County enacted on September 28, 1984, as amended, which are not reenacted herein are repealed.

   (2)   Effect Upon Outstanding Floodplain Development Permits: Nothing herein contained shall require any change in the plans, construction, size, or designated use of any development or any part thereof for which a floodplain development permit has been granted by the Floodplain Administrator or his or her authorized agents before the time of passage of this article. Provided, however, that when construction is not begun under such outstanding permit within a period of one hundred eighty (180) days subsequent to the date of issuance of the outstanding permit, construction or use shall be in conformity with the provisions of this article. (Ord. 19-038, 8-30-2019)