The purposes of the Flood Plain Zone are: To implement the Comprehensive Plan Flooding Section; to protect the public from the hazards associated with flood plains; to conserve important riparian areas along rivers and streams for the maintenance of the fish and wildlife resources; and to preserve significant scenic and natural resources while balancing the public interests with those of individual property owners in the designated areas.

The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "Flood Insurance Study for Deschutes County, Oregon and Incorporated Areas" revised September 28, 2007, with accompanying Flood Insurance Rate Maps is hereby adopted by reference and incorporated herein by this reference. The Flood Insurance Study is on file at the Deschutes County Community Development Department.

The Flood Plain Zone shall include all areas designated as "Special Flood Hazard Areas” by the Flood Insurance Study for Deschutes County. When base flood elevation data has not been provided in the Flood Insurance Study, the Planning Director will obtain, review and reasonably utilize any base flood elevation or floodway data available from federal, state or other sources in determining the location of a flood plain or floodway.

The following uses and their accessory uses are permitted outright

1. Agricultural use conducted without establishing or utilizing a structure. For purposes of DCC 18.96.030(A), a “structure” does not include a boundary fence as long as such fence is designed to impede as little as possible the movement of floodwaters and flood carried material.
2. Management, propagation, and harvesting of a forest product.
3. Open space.
4. Portions of a residential use that do not contain structures, such as lawn, garden, or play areas.
5. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards and criteria established by DCC 18.116.230 that do not involve Floodplain development.
6. Class III road or street project that does not constitute Floodplain development as defined in DCC 18.04.030.
7. Excavation, grading, and fill for the routine maintenance and repair of existing roads and roadway drainage within the road right-of-way that will have not adverse effect on flood waters.
8. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050.
9. Recreational vehicles on an individual lot or parcel for a period not to exceed 180 consecutive days, as allowed pursuant to DCC 18.116.080, 18.116.090, or 18.116.095.

The following uses and their accessory uses may be allowed subject to applicable sections of this title:

1. A roadway, bridge or utility structure, except a land disposal site, that will not impede the waters of a base flood subject to DCC 18.128.
2. Incidental storage of material or equipment that is either not subject to damage by flood, or is mobile and readily removable from the area within time available after flood warning. If such material is not readily removable, it shall be anchored to prevent flotation and shall not obstruct water flow. Material or equipment stored shall include only items which will not create a hazard to the health or safety of persons, property, animals, or plant life should the storage area be inundated.
3. Single-unit dwelling, or a manufactured dwelling subject to DCC 18.116.070, on an individual lot or parcel. In addition to the other requirements of DCC 18.96, single-unit dwellings proposed to be sited in areas of the Flood Plain Zone designated "Agriculture" on the Comprehensive Plan Map may be approved only as uses identified by DCC 18.16.030(A), (B), (D) or (E) and subject to the applicable provisions of DCC 18.96 governing those uses. In addition to the other requirements of DCC 18.96, single-unit dwellings proposed to be sited in areas of the Flood Plain Zone designated "Forest" on the Comprehensive Plan Map may be approved only as uses identified by DCC 18.36.030(Y), 18.40.030(X) or 18.40.030(Y) and subject to the applicable provision of DCC 18.36 and 18.40 governing those uses.
4. Agricultural accessory buildings.
5. Hydroelectric facilities subject to DCC 18.116.130 and 18.128.260.
6. Fill or removal within the bed and banks of a stream or river or in a wetland, subject to DCC 18.120.050 and 18.128.270. Fill or removal within any area of special flood hazard identified in DCC 18.96.020.
7. Recreational uses requiring only structures having an insignificant effect on flood waters outside the Floodway, such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, wildlife or nature preserves, game farms, fish hatcheries, shooting preserves, and hunting or fishing areas subject to DCC 18.128, except in areas designated “Forest" or "Agriculture" on the Comprehensive Plan Map.
8. Subdividing or partitioning of land, any portion of which is located in a flood plain, subject to the provisions of DCC Title 18 and DCC Title 17, the Subdivision/Partition Ordinance.
9. All new construction expansion or substantial improvement of an existing dwelling unit, an agricultural related structure, a commercial, industrial, or other non-residential structure, or an accessory building.
10. A boat dock or pier, either individual or community, on private property which lies in the following areas:
    1. On the Deschutes River between river miles 226.4 and 224.5. This area is identified in the Scenic Waterway Management Plan as the Wickiup River Community Area;
    2. On the Deschutes River between river miles 217.5 and 216.5. This area is identified in the Scenic Waterway Management Plan as the Pringle Falls River Community Area; and
    3. On the Deschutes River between river miles 207 and 192. This area is identified in the Scenic Waterway Management Plan as River Community Areas and Recreational River Area respectively.
11. Those recreational uses described in DCC 18.36.030, “F-1 - Conditional Uses," having an insignificant effect on flood waters where the subject Flood Plain-zoned site is designated by the Comprehensive Plan Map as "Forest" and is abutting land zoned F-1.
12. Those recreational uses described in DCC 18.40.030, “F-2 - Conditional Uses," having an insignificant effect on flood waters where the subject Flood Plain-zoned site is designated by the Comprehensive Plan Map as "Forest" and is abutting land zoned F-2.
13. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B).
14. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off-site use, storage, and sale of excavated material.
15. Recreational vehicles on an individual lot or parcel for a period in excess of 180 consecutive days, as allowed pursuant to DCC 18.116.080, 18.116.090, or 18.116.095(C), provided they meet the following standards and criteria:
    
    1. Placement of a recreational vehicle within a special flood hazard area for a period of time exceeding 180 days requires a conditional use permit subject to the standards and criteria established by DCC 18.96 and a Floodplain Permit as required by the National Flood Insurance Program.
       

Marinas, boat slips, and boat houses on private property.

The following limitations shall apply to all uses allowed by DCC 18.96.040:

1. No new construction of a dwelling unit (including a manufactured dwelling), accessory structure, or farm use structure shall be allowed in the floodway of any river or stream except for replacement in conformance with the applicable provisions of DCC 18.96 of a dwelling lawfully in existence as of the effective date of Ordinance 88-030.
2. No new construction of a dwelling unit (including a manufactured dwelling), accessory structure or farm use structure, shall be located in the flood plain unless it can be demonstrated by the applicant that no alternative exists on the subject property which would allow the structure to be placed outside of the flood plain.
3. No subdivision or partition shall be allowed which creates the potential for additional dwelling units in the flood plain.
4. All necessary federal, state, and local government agency permits shall be obtained.

All records of any application for a conditional use permit and all certification of elevations shall be maintained in the records of the Community Development Department for public inspection. An application for a conditional use permit in the Flood Plain Zone shall, at a minimum, contain the following information:

1. A detailed explanation of why it is necessary to conduct the proposed use in the Flood Plain Zone. Where base flood elevation data is not available from the Flood Insurance Study or from another authoritative source, it shall be generated and submitted with the application for subdivision proposals and other proposed developments which contain at least 50 lots or five acres (whichever is less).
2. A site plan, drawn to scale and accompanied by drawings, sketches and descriptions which describe and illustrate the proposed use. This site plan shall include, at a minimum, existing and proposed site contours in relation to the base flood elevation, existing and proposed structures, drainage facilities, and an explanation of how erosion will be dealt with during and after construction of the use.
3. The location of the property relative to the channel of the river or stream.
4. The location of existing and proposed diking or abutments, if any.
5. The elevation of the lowest habitable floor and of any basement floor for any dwelling unit or structure.
6. The elevation to which the structure is to be floodproofed, if applicable.
7. Elevations on the site plan shall be established by a licensed surveyor or engineer, and shall be in relation to mean sea level.
8. Certification by a registered professional engineer or architect that the floodproofing methods for any structure meet the floodproofing criteria established by the Federal Emergency Management Agency and the applicable standards in DCC 18.96.
9. All other elements or information which will assist in the evaluation of the proposed development and conformance with the applicable criteria.

1. A conditional use permit in a Flood Plain Zone shall not be approved unless all standards established by the Federal Emergency Management Agency and DCC Title 18 are addressed and findings are made by the Hearings Body or Planning Director that each of the standards and criteria are satisfied.
2. Approval to alter or relocate a water course shall require notification to abutting communities, the Department of Land Conservation and Development, Department of State Lands, and other appropriate state and federal agencies prior to any such alteration or relocation and submit evidence to the Federal Insurance Administration. Maintenance shall be provided within the altered and relocated portion of said watercourse so that the flood carrying capacity is not diminished.
3. A conditional use permit shall be based upon findings which relate to the property and existing and proposed structure(s). They shall not pertain to the property owner, inhabitants, economic or financial circumstances.
4. All structures in the flood plain shall meet the following standards.
   1. Anchoring.
      1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure
      2. All manufactured dwellings must be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors.
   2. Construction Materials and Methods.
      1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
      2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
      3. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
   3. Utilities.
      1. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
      2. New and replacement sanitary systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the system into flood waters.
      3. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding consistent with the Oregon Department of Environmental Quality as specified in OAR 340-071-0100 et seq.
   4. Below-grade crawlspace is allowed subject to the standards in FEMA Technical Bulletin 11-01.
5. Subdivision and Partition Proposals.
   1. All subdivision and partition proposals shall be consistent with the need to minimize flood damage.
   2. All subdivision and partition proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
   3. All subdivision and partition proposals shall have adequate drainage provided to reduce exposure to flood damage.
   4. Where Base Flood Elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or 5 acres (whichever is less). Generation of Base Flood Elevation data shall not be required for subdivision proposals and other proposed developments that expressly preclude residential and non-residential construction in a Special Flood Hazard Area.
6. Review of Building Permits. Where elevation data is not available either through the Flood Insurance Study or from another authoritative source, applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. (Failure to elevate at least two feet above grade in these zones may result in higher insurance rates.)
7. Specific Standards. In the Flood Plain Zone, the following requirements must be met:
   1. Residential Construction.
      1. New construction, including replacement, and substantial improvement of any dwelling unit and/or residential accessory structure shall have the lowest floor of the entire structure, including basement, elevated at least one foot above base flood elevation.
      2. Fully enclosed areas below the lower floor that are subject to flooding are prohibited unless they are designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must satisfy the standards in FEMA Technical Bulletin 11-01 and must either be certified by a registered professional engineer or architect and or must meet or exceed the following criteria:
         1. A minimum of two 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.
         2. The bottom of all openings shall be no higher than one foot 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.
   2. Nonresidential Construction. New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement, elevated at least one foot above the level of the base flood elevation, or, together with attendant utility and sanitary facilities, shall:
      1. Be flood proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water.
      2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
      3. Be certified by a registered professional engineer or architect that the design and methods of construction are subject to accepted standards of practice for meeting provisions of DCC 18.96.080, based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the County as set forth in DCC 18.96.070(H).
      4. Nonresidential structures that are elevated, but not flood proofed, must meet the same standards for space below the lowest floor as described in DCC 18.96.080(F).
      5. Applicants for floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g. a building constructed to the flood level will be rated as one foot below that level).
      6. Applicants shall supply a comprehensive Maintenance Plan for the entire structure that shall include but not limited to: exterior envelope of structure; all penetrations to the exterior of the structure; all shields, gates, barriers, or components designed to provide floodproofing protection to the structure; all seals or gaskets for shields, gates, barriers, or components; and, the location of all shields, gates, barriers, and components as well as all associated hardware, and any materials or specialized tools necessary to seal the structure.
      7. Applicants shall supply an Emergency Action Plan (EAP) for the installation and sealing of the structure prior to a flooding event that clearly identifies what triggers the EAP and who is responsible for enacting the EAP.
   3. Small Accessory Structures. Relief from elevation or floodproofing as required in (G)(1) or (G)(2) above may be granted for small accessory structures that are:
      1. Less than 200 square feet and do not exceed one story;
      2. Not temperature controlled;
      3. Not used for human habitation and are used solely for parking of vehicles or storage of items having low damage potential when submerged;
      4. Not used to store hazardous or toxic material, oil or gasoline, or any priority persistent pollutant identified by the Oregon Department of Environmental Quality unless confined in a tank installed in compliance with this ordinance or stored at least one foot above Base Flood Elevation;
      5. Located and constructed to have low damage potential;
      6. Constructed with materials resistant to flood damage;
      7. Anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the base flood;
      8. Constructed to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater. Designs for complying with this requirement must be certified by a licensed professional engineer or architect or:
         1. Provide a minimum of two openings with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;
         2. The bottom of all openings shall be no higher than one foot above the higher of the exterior or interior grade or floor immediately below the opening; and
         3. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided they permit the automatic flow of floodwater in both directions without manual intervention.
      9. Constructed with electrical, and other service facilities located and installed so as to prevent water from entering or accumulating within the components during conditions of the base flood.
   4. Manufactured Dwellings.
      1. Manufactured dwellings supported on solid foundation walls shall be constructed with flood openings that comply with (G)(1)(b) above;
      2. The bottom of the longitudinal chassis frame beam in A zones shall be at or above the Base Flood Elevation and the lowest floor of the manufactured dwelling shall be at least one foot above the Base Flood Elevation;
      3. The manufactured dwelling shall be anchored to prevent flotation, collapse, and lateral movement during the base flood. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (Reference FEMA’s “Manufactured Home Installation in Flood Hazard Areas” guidebook for additional techniques); and
      4. Electrical crossover connections shall be a minimum of 12 inches above Base Flood Elevation.
   5. Docks, Piers, and Walkways.
      1. No individual boat dock or pier shall be allowed on any lot or parcel with less than 200 feet of river frontage.
      2. No community boat dock or pier shall be allowed on any lot or parcel with less than 100 feet of river frontage.
      3. No individual boat dock or pier shall be more than 20 feet in length or more than eight feet in width. The total surface area shall not exceed 160 square feet.
      4. No community boat dock or pier shall be more than 20 feet in length. The total surface area shall not exceed 320 square feet.
      5. A boat dock or pier shall not extend into or over the water more than 20 feet as measured from the ordinary high water mark (OHWM), or five percent of the distance between the ordinary low water mark (OLWM) on each river or stream bank measured at right angles to the shoreline, whichever is less, unless it can be shown that a greater extension:
         1. Is necessary to allow access to the OHWM;
         2. Will not increase flood hazard; and
         3. Will not cause the deterioration or destruction of marine life or wildlife habitat. When the lines of ordinary high or low water cannot be determined by survey or inspection, then such lines shall be determined by a registered professional engineer using the annual mean high or low water for the preceding year, using data from the State of Oregon Watermaster.
      6. Individual boat docks and piers shall have a minimum five-foot setback from abutting property boundaries projected over the water surface.
      7. Dock, pier, and walkway structures shall not be covered or enclosed.
      8. All materials used in dock, pier, or walkway construction must be in compliance with all DEQ and EPA regulations.
      9. Docks, piers, and walkways shall use either pilings or Styrofoam floats if such floats are fully enclosed and sealed.
      10. Docks, piers, and walkways shall not impede water movement or cause deposition on waterway beds.
      11. Docks, piers, and walkways containing concrete or wood preservatives shall be fully cured or dried prior to placement in the water.
      12. No walkway shall be more than four feet in width. The length of the walkway shall be no more than the minimum required to allow access to a dock.
      13. Walkways shall include at least one handrail if the structure is elevated 30 inches or more from ground level.
      14. All docks, piers, and walkways shall meet the test of noninterference with navigation.
   6. Parking Facilities. No parking facility shall be located within 20 feet (measured at right angles) of the ordinary high water mark (OHWM).
   7. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the Area of Special Flood Hazard (100-year floodplain). Construction of new critical facilities shall be permissible within the Area of Special Flood Hazard if no feasible alternative site is available. Critical facilities constructed within the Area of Special Flood Hazard shall have the lowest floor elevated three feet above Base Flood Elevation or to the height of the 500-year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Floodproofing and sealing measures must be taken to ensure that hazardous or toxic substances, oil or gasoline, or any priority persistent pollutant identified by the Oregon Department of Environmental Quality will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the Base Flood Elevation shall be provided to all critical facilities to the extent possible unless deemed impractical by the Hearings Body or Planning Director.
   8. Storage of material or equipment, incidental to an established primary use on the property that is either not subject to damage by flood may be permitted. If such material is not readily removable, it shall be anchored to prevent flotation and shall not obstruct water flow. Material or equipment stored shall include only items which will not create a hazard to the health or safety of persons, property, animals, or plant life should the storage area be inundated.
8. Floodways. In floodways the following provisions shall apply:
   1. Encroachments, including fill or removal, replacement of a dwelling unit lawfully in existence on the effective date of Ordinance 88-030, and other development are prohibited unless certification by a registered professional engineer is provided demonstrating that the proposed encroachments will not result in any increase in flood levels during a base flood discharge.
   2. The applicant must demonstrate that all necessary federal, state, and local government agency permits have been or can be obtained and that all other applicable sections of DCC Title 18 have been satisfied.
   3. Replacement of a dwelling unit shall not increase the floor area or structural footprint of the structure by more than 20 percent of the floor area or structural footprint of such dwelling unit as of the effective date of Ordinance 88-030.
   4. No replacement of a dwelling unit shall be allowed if the use of the preexisting dwelling unit has been abandoned or otherwise terminated for a period of over one year.

Elevation of all new construction, including replacement and substantial improvements, relative to mean sea level of the lowest floor shall be documented before the framing inspection with a survey certified by a State of Oregon registered professional engineer or land surveyor.

In an FP zone, the following setback requirements shall be maintained;

1. The front setback shall be a minimum of 20 feet from a lot line with street frontage on a local street right of way, 30 feet from a lot line with frontage on a collector right of way, and 50 feet from a lot line with street frontage on an arterial right of way.
2. There shall be a minimum setback of 10 feet.
3. The minimum rear setback shall be 20 feet.
4. The setback from any north lot line shall meet the solar setback requirements in DCC 18.116.180.
5. The minimum setback for a nonfarm use from a lot line abutting a farm use not owned by the subject property owner shall be 100 feet.
6. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met.

To permit better light, air, vision, stream and pollution control, to protect fish and wildlife areas and to preserve the natural scenic amenities along streams, rivers, and lakes, the following setbacks shall apply:

1. All sewage disposal installations such as septic tanks or septic drain fields shall be setback from the ordinary high water mark along all streams, rivers, or lakes a minimum of 100 feet, measured at right angles to the ordinary high water mark. In those cases where practical difficulties preclude the location of the facilities at a distance of 100 feet, and the County Onsite Wastewater Division finds that a closer location will not endanger public health or safety, a setback exception may be permitted to locate these facilities closer to the stream or lake, but in no case closer than 25 feet.
2. All structures, buildings, or similar permanent fixtures shall have a minimum setback of 100 feet from the ordinary high water mark along all streams, rivers, or lakes, measured at right angles from the ordinary high water mark.

In an FP Zone, the following dimensional standards shall apply:

1. Lot Coverage. Lot coverage shall not exceed 30 percent of the total lot or parcel area.
2. Height. No structure shall be erected or enlarged to exceed 30 feet in height, except as allowed under DCC 18.120.040.
3. Minimum lot area shall be 10 acres for all areas which have received an exception to the Statewide Planning Goals for resource uses. Areas which have not received an exception to the Statewide Planning Goals shall have a minimum lot area of 80 acres.

The degree of flood protection required by DCC Title 18 is considered reasonable for regulatory purposes and is based upon scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. DCC Title 18 shall not create liability on the part of Deschutes County, any officer, agent or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on DCC Title 18 or any decision lawfully made hereunder.

The Planning Director shall make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). Such interpretations shall be processed as a development action pursuant to Chapter 22.16.

Where Flood Plain zoned land has been recognized as above the base flood elevation in a FEMA Letter of Map Change, uses and structures on such land shall be exempt from 18.96.080(D); 18.96.080(E); 18.96.080(G)(1), (2), and (3); 18.96.080(H); and 18.96.085.

Use variances or variances to the standards established by DCC 18.96.060 and 18.96.080 shall not be allowed.

Partitions of certain split-zoned properties are subject to the following area calculation and configuration standards.

1. Eligibility
   1. Property contains two base zones, Flood Plain and Exclusive Farm Use; and
   2. Property contains one Comprehensive Plan designation, Agricultural; and
   3. Property is not located in a WA Combining Zone and does not contain significant riparian habitat per Ordinance 94-007,
   4. Property abuts or was formerly abutting to or bisected by an irrigation canal or lateral that has been removed or piped; and
   5. Parent property must meet the minimum lot size requirements for partitions set forth in DCC 18.16.055.
2. Procedure
   1. The Flood Plain and Exclusive Farm Use zoned area shall be summed for the purposes of lot area calculation.
   2. The minimum lot area for new parcels resulting from such partitions shall be determined by applying the minimum lot areas of DCC 18.16.055 and DCC 18.16.065.
   3. All Flood Plain zoned lands from the parent lot or parcel must be contained within a single lot or parcel.