Donnelly City Zoning Code
CHAPTER 18
35 FLOOD DAMAGE PREVENTION
§ 18.35.010 Statutory authorization, findings of fact, purpose, and objectives.
A.
Statutory Authority. The Legislature of the state of Idaho, pursuant to Idaho Code Sections 46-1020 through 46-1024, authorizes local governments 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 city council of the city of Donnelly, Idaho, does hereby ordain as follows.
B.
Findings of Fact.
1.
The flood hazard areas of the city of Donnelly are subject to periodic inundation that results in:
2.
These flood losses may be 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.
3.
Local government units have the primary responsibility for planning, adopting, and enforcing land use regulations to accomplish proper floodplain management.
C.
Statement of Purpose. The purpose of this chapter is to promote public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
1.
Protect human life, health, and property;
2.
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;
3.
Help maintain a stable tax base by providing for the sound use and development of flood prone areas;
4.
Minimize expenditure of public money for costly flood control projects;
5.
Minimize the need for rescue and emergency services associated with flooding, generally undertaken at the expense of the general public;
6.
Minimize prolonged business interruptions;
7.
Ensure potential buyers are notified the property is in an area of special flood hazard; and
8.
Ensure those who occupy the areas of special flood hazard assume responsibility for their actions.
D.
Objectives and Methods of Reducing Flood Losses. In order to accomplish its purpose, this chapter includes methods and provisions to:
1.
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;
2.
Restrict or prohibit development which is dangerous to health, safety, and property due to water or erosion hazards, or which increase flood heights, velocities, or erosion;
3.
Control filling, grading, dredging, and other development which may increase flood damage or erosion;
4.
Prevent or regulate the construction of flood barriers that will unnaturally divert floodwaters or that may increase flood hazards to other lands;
5.
Preserve and restore natural floodplains, stream channels, and natural protective barriers which carry and store floodwaters.
(Ord. 269, 9/15/2025)
§ 18.35.020 General provisions.
A.
Lands to Which This Chapter Applies. This chapter shall apply to all special flood hazard areas within the jurisdiction of the city of Donnelly. Nothing in this chapter is intended to allow uses or structures that are otherwise prohibited by the zoning ordinance.
B.
Basis for Special Flood Hazard Areas. The special flood hazard areas identified by the Federal Insurance Administrator in a scientific and engineering report titled "Flood Insurance Study (FIS) for Valley County, Idaho, And Incorporated Areas," dated February 1, 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 chapter. The FIS and the FIRM are on file at the office of the city clerk at Donnelly City Hall, 169 Halferty Street, Donnelly, Idaho.
C.
Establishment of Floodplain Development Permit. A floodplain development permit shall be required in conformance with the provisions of this chapter prior to the commencement of any development activities within special flood hazard areas determined in accordance with the provisions of DCC § 18.35.030(C).
D.
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 chapter and other applicable regulations.
E.
Abrogation and Greater Restrictions. This chapter 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, et cetera. However, where this chapter and another conflict or overlap, whichever imposes more stringent or greater restrictions shall control.
G.
Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by manmade or natural causes. This chapter 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 chapter shall not create liability on the part of city of Donnelly or by any officer or employee thereof for flood damages that result from reliance on this chapter, or an administrative decision lawfully made hereunder.
H.
Penalties for Violation. No structure or land shall hereafter be located, extended, converted, or altered unless in full compliance with the terms of this chapter and other applicable regulations. The city attorney shall, in addition to taking whatever criminal action deemed necessary, take steps to civilly enjoin any violation of this chapter. Penalties for failure to comply with or violations of the provisions of this chapter shall be as follows:
Violation of any of the provisions of this chapter or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor, and be punishable as provided in this title. The landowner, tenant, subdivider, builder, public official or any other person who commits, participates in, assists in or maintains such violation may be found guilty of a separate offense. Nothing herein contained shall prevent the council or any other public official or private citizen from taking such lawful action as is necessary to restrain or prevent any violation of this chapter or of the Idaho Code.
(Ord. 269, 9/15/2025)
§ 18.35.030 Administration.
A.
Designation of Floodplain Ordinance Administrator. The Donnelly planning and zoning administrator, or a designated individual, hereinafter referred to as the floodplain administrator, is hereby appointed to administer and implement the provisions of this chapter.
B.
Duties and Responsibilities of the Floodplain Administrator. The floodplain administrator shall perform, but not be limited to, the following duties:
1.
Review all floodplain development applications and issue permits for all proposed development within special flood hazard areas to ensure that the requirements of this chapter have been satisfied and all proposed development is reasonably safe from flooding.
2.
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 Section 1344, and IDAPA 37.03.07.
3.
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 to the Federal Insurance Administrator (FIA).
4.
Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.
5.
Prevent encroachments into floodways unless the certification and flood hazard reduction provisions of DCC § 18.35.040(E) are met.
6.
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 (C)(3) of this section.
7.
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 (C)(3) of this section.
8.
Review plans to verify public utilities are constructed in accordance with the provisions of DCC §§ 18.35.040(A)(5) through (A)(7).
9.
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 subsection (C)(3) of this section and DCC § 18.35.040(B)(2).
10.
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 to appeal the interpretation as provided in this chapter.
11.
When base flood elevation (BFE) data has not been provided in accordance with the provisions of DCC § 18.35.020(B), 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 DCC § 18.35.040(A)(16), in order to administer the provisions of this chapter.
12.
When base flood elevation (BFE) data is provided but no floodway data has been provided in accordance with the provisions of DCC § 18.35.020(B), require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones 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 at any point within the community.
13.
When the lowest floor and the lowest adjacent grade of a structure or the lowest ground elevation of a parcel in a special flood hazard area (SFHA) is above the base flood elevation (BFE), advise the property owner of the option to apply for a letter of map amendment (LOMA) from FEMA. Maintain a copy of the LOMA issued by FEMA in the floodplain development permit file.
14.
Permanently maintain all records that pertain to the administration of this chapter and make these records available for public inspection, recognizing that such information may be subject to the Privacy Act of 1974, as amended.
15.
Make on-site inspections of work in progress. As the work pursuant to a floodplain development permit progresses, the floodplain administrator shall 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 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.
16.
Issue stop-work orders as required. Whenever a building or part thereof is being constructed, reconstructed, altered, or repaired in violation of this chapter, the floodplain administrator may order the work to be immediately stopped. The stop-work order shall be in writing and directed to the person doing or in charge of the work. The stop-work order shall state the specific work to be stopped, the specific reason(s) for the stoppage, and the condition(s) under which the work may be resumed. Violation of a stop-work order constitutes a misdemeanor.
17.
Revoke floodplain development permits as required. 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.
18.
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.
20.
Review, provide input, and make recommendations for variance requests.
21.
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 DCC § 18.35.020(B), 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.
22.
Coordinate revisions to FIS reports and FIRMs, including letters of map revision based on fill (LOMR-Fs) and letters of map revision (LOMRs).
23.
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 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 this chapter. Such a submission is necessary so that, upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.
24.
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 all 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.
25.
A temporary certificate of occupancy (C/O) or temporary certificate of compliance (C/C) will never be issued for any structure in the floodplain.
C.
Floodplain Development Application, Permit, and Certification Requirements.
1.
Application Requirements. Application for a floodplain development permit shall be made to the floodplain administrator prior to any development activities located within special flood hazard areas. The following items shall be presented to the floodplain administrator to apply for a floodplain development permit:
a.
A plot plan drawn to scale by a licensed surveyor or civil engineer which shall include, but shall not be limited to, the following specific details of the proposed floodplain development:
i.
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;
ii.
The boundary of the special flood hazard area as delineated on the FIRM or other flood map as determined in DCC § 18.35.020(B), or a statement that the entire lot is within the special flood hazard area;
iii.
The flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map as determined in DCC § 18.35.020(B);
iv.
The boundary of the floodway(s) as determined in DCC § 18.35.020(B);
v.
The base flood elevation (BFE) where provided as set forth in DCC §§ 18.35.020(B), (C), or § 18.35.040(C);
vi.
The old and new location of any watercourse that will be altered or relocated as a result of proposed development; and
vii.
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:
i.
Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures;
ii.
Elevation in relation to mean sea level to which any nonresidential structure in Zone A, AE, AH, or AO will be floodproofed; and
iii.
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 FF-206-FY-22-153) 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 chapter are met. These details include but are not limited to:
i.
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
ii.
Openings to facilitate automatic equalization of hydrostatic flood forces on walls in accordance with DCC § 18.35.040(A)(8)(b), 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 recreational vehicles and/or temporary structures, when applicable, to ensure that the provisions of DCC § 18.35.040(B)(5) and (B)(6) 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; and
j.
A map (if not shown on plot plan) showing the location of the proposed watercourse alteration or relocation.
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, riprap, docks, grading, paving, excavation or drilling operations, or storage of equipment or materials, et cetera).
b.
The special flood hazard area determination for the proposed development in accordance with available data specified in DCC § 18.35.020(B).
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, if in Zones A, AE, AH, or AO.
h.
All floodplain development permits shall be conditional upon the start of construction of work within 17 days. A floodplain development permit shall expire 17 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.
i.
A construction drawings elevation certificate (FEMA Form 86-0-33) 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.
ii.
A final as-built finished construction elevation certificate (FEMA Form FF-206-FY-22-152) 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.
b.
Floodproofing Certificate. If nonresidential floodproofing is used to meet the flood protection elevation requirements, design plans, with supporting data, an operational 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 requesting a certificate of compliance/occupancy, a floodproofing certificate (FEMA Form FF-206-FY-22-153) shall be provided to the floodplain administrator for review and approval.
c.
If a manufactured home (including tiny home or park model) is placed within Zone A, AE, AH, or AO and the elevation of the chassis is more than 36 inches in height above grade, an engineered foundation certification is required in accordance with the provisions of DCC § 18.35.040(B)(3)(b).
d.
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:
i.
A description of the extent of watercourse alteration or relocation; and
ii.
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
iii.
A map showing the location of the proposed watercourse alteration or relocation; and
iv.
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 (C)(3)(a) and (C)(3)(b) of this section:
4.
Determinations for Existing Buildings and Structures. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, improvements, repairs of damage, and any other improvement of or work on such buildings and structures, the floodplain administrator, in coordination with the building official, shall:
a.
Estimate the market value or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser of the building or structure before the start of construction of the proposed work. In the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made;
b.
Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure;
c.
Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and
d.
Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the adopted Idaho Building Code and this chapter is required.
5.
Any other information deemed necessary for review of public safety and floodplain management requirements by the floodplain administrator.
6.
A temporary certificate of occupancy (C/O) or temporary certificate of compliance (C/C) will never be issued for any structure in the floodplain.
D.
Corrective Procedures.
1.
Violations to Be Corrected. When the floodplain administrator finds violations of applicable state and local laws, it shall be his or her duty to notify the owner or occupant of the building of the violation. The owner or occupant shall immediately remedy each of the violations of law cited in such notification.
2.
Actions in Event of Failure to Take Corrective Action. If the owner of a building or property shall fail to take prompt corrective action, the floodplain administrator shall give the owner written notice, by certified or registered mail to the owner's last known address or by personal service, stating that:
a.
The building or property is in violation of the floodplain management regulations;
b.
A hearing will be held before the floodplain administrator at a designated place and time, not later than 10 days after the date of the notice, at which time the owner shall be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter; and
c.
Following the hearing, the floodplain administrator may issue an order to alter, vacate, or demolish the building; or to remove fill as applicable.
3.
Order to Take Corrective Action. If, upon a hearing held pursuant to the notice prescribed above, the floodplain administrator shall find that the building or development is in violation of this chapter, he or she shall issue an order in writing to the owner, requiring the owner to remedy the violation within a specified time period, not less than 60 calendar days, nor more than 90 calendar days. Where the floodplain administrator finds that there is imminent danger to life or other property, he or she may order that corrective action be taken in such lesser period as may be feasible.
4.
Appeal. Any owner who has received an order to take corrective action may appeal the order to the local elected governing body by giving notice of appeal in writing to the floodplain administrator and the clerk within 10 calendar days following issuance of the final order. In the absence of an appeal, the order of the floodplain administrator shall be final. The local governing body shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke the order.
5.
Failure to Comply with Order. If the owner of a building or property fails to comply with an order to take corrective action for which no appeal has been made or fails to comply with an order of the governing body following an appeal, the owner shall be guilty of a misdemeanor and shall be punished at the discretion of the court.
E.
Variance Procedures.
1.
The city council shall hear and decide requests for variances from the requirements of this chapter.
2.
Variances may be issued for:
a.
The repair or rehabilitation of historic structures upon the determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and that the variance is the minimum necessary to preserve the historic character and design of the structure;
b.
Functionally dependent facilities, if determined to meet the definition as stated in this title, provided provisions of subsections (E)(8)(b) through (E)(8)(d) of this section have been satisfied, and such facilities are protected by methods that minimize flood damages during the base flood and create no additional threats to public safety; or
c.
Any other type of development, provided it meets the requirements of this section.
3.
In passing upon variances, the city council shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter, and:
a.
The danger that materials may be swept onto other lands to the injury of others;
b.
The danger to life and property due to flooding or erosion damage;
c.
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
d.
The importance of the services provided by the proposed facility to the community;
e.
The necessity to the facility of a waterfront location as defined in this title as a functionally dependent facility, where applicable;
f.
The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
g.
The compatibility of the proposed use with existing and anticipated development;
h.
The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
i.
The safety of access to the property in times of flood for ordinary and emergency vehicles;
j.
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
k.
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.
4.
The applicant shall include a written report addressing each of the above factors in subsections (E)(3)(a) through (E)(3)(k) of this section with their application for a variance.
5.
Upon consideration of the factors listed above and the purposes of this chapter, the city council may attach such conditions to the granting of variances as it deems necessary to further the purposes and objectives of this chapter.
6.
Any applicant to whom a variance is granted shall be given written notice over the signature of a community official specifying the difference between the base flood elevation (BFE) and the elevation to which the structure is to be built and that such construction below the BFE increases risks to life and property, and that the issuance of a variance to construct a structure below the BFE may result in increased premium rates for flood insurance. Such notification shall be maintained with a record of all variance actions, including justification for their issuance.
7.
The floodplain administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administrator and the state of Idaho upon request.
8.
Conditions for Variances.
a.
Variances shall not be issued when the variance will make the structure in violation of other federal, state, or local laws, regulations, or ordinances.
b.
Variances shall not be issued within any designated floodway if the variance would result in any increase in flood levels during the base flood discharge.
c.
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
d.
Variances shall only be issued prior to development permit approval.
e.
Variances shall only be issued upon:
i.
A showing of good and sufficient cause;
ii.
A determination that failure to grant the variance would result in exceptional hardship; and
iii.
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
9.
A variance may be issued for solid waste disposal facilities or sites, hazardous waste management facilities, salvage yards, and chemical storage facilities that are located in special flood hazard areas; provided, that all of the following conditions are met:
a.
The use serves a critical need in the community.
b.
No feasible location exists for the use outside the special flood hazard area.
c.
The lowest floor of any structure is elevated or floodproofed to at least the flood protection elevation.
d.
The use complies with all other applicable federal, state, and local laws.
10.
The city of Donnelly will notify the State NFIP Coordinator of the Idaho Department of Water Resources of its intention to grant a variance at least 30 calendar days prior to granting the variance.
11.
Any person aggrieved by the decision of the city council may appeal such decision to the court, as provided in Idaho Code Section 67-6535.
(Ord. 269, 9/15/2025)
§ 18.35.040 Provisions for flood hazard reduction.
A.
General Standards. In all special flood hazard areas, the following provisions are required:
1.
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.
2.
All new construction, substantial improvements, and development shall be constructed with materials and utility equipment resistant to flood damage in accordance with the Technical Bulletin 2, Flood Damage-Resistant Materials Requirements, and available from the Federal Emergency Management Agency.
3.
All new construction, substantial improvements, and development shall be constructed by methods and practices that minimize flood damages.
4.
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.
5.
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
6.
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.
7.
On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.
8.
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:
a.
Be constructed entirely of flood resistant materials at least to the flood protection elevation; and
b.
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:
i.
A minimum of two flood openings on different sides of each enclosed area subject to flooding;
ii.
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;
iii.
If a building has more than one enclosed area, each enclosed area must have flood openings to allow floodwaters to automatically enter and exit;
iv.
The bottom of all required flood openings shall be no higher than one foot above the interior or exterior adjacent grade;
v.
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
vi.
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.
9.
Any alteration, repair, reconstruction, or improvements to a structure, which is in compliance with the provisions of this chapter, shall meet the requirements of "new construction" as contained in this chapter.
10.
Nothing in this chapter shall prevent the repair, reconstruction, or replacement of a building or structure existing on the effective date of the ordinance codified in this chapter and located totally or partially within the floodway, or stream setback, provided there is no additional encroachment below the flood protection elevation in the floodway, or stream setback, and provided that such repair, reconstruction, or replacement meets all of the other requirements of this chapter.
11.
New solid waste disposal facilities and sites, hazardous waste management facilities, salvage yards, and chemical storage facilities shall not be permitted, except by variance as specified in DCC § 18.35.030(E)(9). 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 DCC § 18.35.030(C)(3).
12.
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.
13.
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.
14.
All subdivision proposals and other development proposals shall have adequate drainage provided to reduce exposure to flood hazards.
15.
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 Section 1344.
16.
All subdivision proposals and other development proposals greater than 50 lots or five acres, whichever is the lesser, shall include within such proposals base flood elevation data.
17.
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.
18.
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.
19.
Fill is prohibited in the SFHA, including construction of buildings on fill. This includes not signing the community acknowledgment page for conditional letters or letters of map revision (CLOMR-F or LOMR-F).
20.
A temporary certificate of occupancy (C/O) or temporary certificate of compliance (C/C) will never be issued for any structure in the floodplain.
B.
Specific Standards. In all special flood hazard areas where base flood elevation (BFE) data has been provided, as set forth in DCC § 18.35.020(B) or subsection (D) of this section, the following provisions, in addition to the provisions of subsection (A) of this section, are required:
1.
Residential Construction. New construction, substantial improvements, and development of any residential structure (including manufactured homes, tiny homes, and park models) shall have the lowest floor, including basement, and utilities, including ductwork, elevated no lower than the flood protection elevation, as defined in this title.
2.
Nonresidential Construction. New construction, substantial improvements, and development of any commercial, industrial, or other nonresidential structure shall have the lowest floor, including basement, and utilities, including ductwork, elevated no lower than the flood protection elevation, as defined in this title. 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. 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 DCC § 18.35.030(C)(3), along with the operational plan and the inspection and maintenance plan.
3.
Manufactured Homes.
a.
New and replacement manufactured homes (including tiny homes and park models) shall be elevated so that the lowest floor of the manufactured home is no lower than the flood protection elevation, as defined in this title.
b.
Manufactured homes (including tiny homes and park models) 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 36 inches 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 36 inches in height, an engineering certification is required.
c.
All enclosures or skirting below the lowest floor shall meet the requirements of subsections (A)(8)(a) and (A)(8)(b) of this section.
d.
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 flood prone areas. This plan shall be filed with and approved by the floodplain administrator and the local emergency management coordinator.
4.
Additions/Improvements.
a.
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:
i.
Not a substantial improvement, the addition and/or improvements must be designed to minimize flood damages and must not be any more nonconforming than the existing structure; or
ii.
A substantial improvement, both the existing structure and the addition and/or improvements must comply with the standards for new construction.
b.
Additions to noncompliant post-FIRM structures that are a substantial improvement with no 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.
c.
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:
d.
Any combination of repair, reconstruction, rehabilitation, addition, or improvement of a building or structure taking place during a 10-year period, the cumulative cost of which equals or exceeds 40 percent of the market value of the structure before the improvement or repair is started, must comply with the standards for new construction. For each building or structure, the 10-year period begins on the date of the first improvement or repair of that building or structure subsequent to the effective date of the ordinance codified in this chapter. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The requirement does not, however, include either:
i.
Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions; or
ii.
Any alteration of a historic structure; provided, that the alteration will not preclude the structure's continued designation as a historic structure.
5.
Recreational Vehicles. Recreational vehicles shall be either:
a.
Temporary Placement. Be on site for fewer than 17 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
6.
Temporary Nonresidential 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:
a.
A specific time period for which the temporary use will be permitted. Time specified may not exceed six months, renewable up to one year;
b.
The name, address, and phone number of the individual responsible for the removal of the temporary structure;
c.
The time frame prior to the event at which a structure will be removed (i.e., immediately upon flood warning notification);
d.
A copy of the contract or other suitable instrument with the entity responsible for physical removal of the structure; and
e.
Designation, accompanied by documentation, of a location outside the special flood hazard area, to which the temporary structure will be moved.
f.
Temporary structures in the floodway must provide a hydraulic and hydrology analysis along with a no-rise certification.
7.
Accessory and Agricultural Structures (Appurtenant Structures). 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 DCC § 18.35.030(C)(3), 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 (A)(1) of this section; and
f.
All utility equipment and machinery, such as electrical, shall be installed in accordance with the provisions of subsection (A)(4) of this section; and
g.
Accessory structures greater than 600 square feet, proposed to have the lowest floor below the flood protection elevation (wet floodproofed), must have an approved variance prior to the start of construction.
For accessory structures less than 200 square feet and a minimal investment of less than $3,000, and used solely for parking or storage, flood openings to facilitate automatic equalization of hydrostatic flood forces shall be provided below the flood protection elevation in conformance with the provisions of subsection (A)(8) of this section in lieu of elevation. |
Accessory structures not used solely for parking or storage must be elevated per subsections (B)(1) and (B)(2) of this section. |
An accessory structure with a footprint of less than 200 square feet and a minimal investment of less than $3,000 and that satisfies all the criteria outlined in subsections (B)(7)(a) through (B)(7)(f) of this section is not required to provide the elevation certificate per subsection (B)(2) of this section. |
8.
Tanks. When gas and liquid storage tanks are to be placed within a special flood hazard area, the following criteria shall be met:
a.
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);
b.
Elevated aboveground 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;
c.
Not elevated aboveground 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;
d.
Tank inlets, fill openings, outlets and vents shall be:
i.
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
ii.
Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the base flood.
9.
Construction of a Crawlspace Foundation. Must meet all the following requirements, including:
a.
The structure must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
b.
Flood openings must be installed that allow for the automatic entry and exit of floodwaters.
c.
The portions of the structure below the BFE (plus freeboard) must be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawlspace used to elevate the building, but also any joists, insulation, or other materials that extend below the BFE.
d.
The interior grade of a crawlspace must not be more than two feet below the exterior lowest adjacent grade (LAG).
e.
The height of the below-grade crawlspace, measured from the interior grade of the crawlspace to the top of the crawlspace sill plate, must not exceed four feet at any point.
f.
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.
g.
The velocity of floodwaters at the site should not exceed five feet per second.
10.
Subdivision Plats – Flood Zones.
a.
A note must be provided on the final plat documenting the current flood zone in which the property or properties are located. The boundary line must be drawn on the plat in situations where two or more flood zones intersect over the property or properties being surveyed.
b.
FEMA FIRM panel(s): No. 160085C.1302C, etc.
FIRM effective date(s): mm/dd/year
Flood Zone(s): Zone X, Zone A, Zone AE, etc.
Base Flood Elevation(s): AE _____.0 ft., etc.
Flood zones are subject to change by FEMA and all land within a floodway or floodplain is regulated by this chapter.
11.
Critical Facilities. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the special flood hazard area (SFHA). Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet above BFE 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 toxic substances 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.
12.
Floodplain Development Permits Related to Irrigation Activities and Development.
a.
Irrigation Floodplain Development Permit. The floodplain administrator must exercise their professional judgement when reviewing activities to determine if an activity requires a permit. When in doubt, the floodplain administrator should seek consultation from the IDWR Floodplain Coordinator to determine permit necessity.
Upon review of the proposed activities and projects, the floodplain administrator will assess the project for necessary permitting and will notify the applicant in writing (or email) accordingly.
The floodplain administrator shall advise the applicant or project sponsor of their assessment via written notice (email is preferable). The floodplain administrator shall maintain a copy of all proposed project notifications and responses.
Activities and projects that will require a floodplain development permit:
i.
Dredging and grading of irrigation and drainage channels; provided, that fill from dredging or grading is not deposited on the banks of channels or anywhere within the regulatory floodway or SFHA for longer than 10 days.
ii.
Seasonal grading within natural stream channels to check or direct water into irrigation facilities (i.e., earthen "push-up dams" and "wing dams").
iii.
Deposition of fill within the SFHA for less than 10 days. After 10 days, deposited fill must be removed from the SFHA or graded and compacted to existing grade within ± 0.2 feet. Deposition of fill includes deposition of material resulting from grading or excavating irrigation or drainage channels. Deposition of fill within the mapped floodway requires an individual permit.
iv.
Construction of new underground utilities that do not permanently alter the topography. Excess soil from new pipes larger than two feet in diameter must be disposed of outside the regulatory floodway and SFHA.
v.
In-kind replacement of irrigation and drainage works or components including but not limited to control gates or head gates, measuring devices and their housing structures/stilling wells, culverts, pumps, pipes, flumes, siphons, and similar works. GIFD permits cannot authorize the in-kind replacement of dams or bridge structures.
vi.
New driveways, trails, sidewalks, roads, and streets constructed completely at or below existing grade.
vii.
New underground utilities that do not permanently alter the existing grade elevations by ± 0.5 feet.
viii.
Armoring, stabilizing, securing, or in-kind replacement of existing infrastructure within the channel banks (such as bridge piers, sewer/utility supports and storm water/sewer drainage outfalls/headwalls) provided the dimensions (bank slopes, channel location, channel elevation) of the channel are not altered. This should not involve replacement with larger or additional aboveground infrastructure.
b.
Irrigation projects within the regulatory floodway require a hydrologic and hydraulic analysis with no-rise certification in addition to a floodplain development permit.
13.
Compensatory Storage. New development shall not reduce the effective flood storage volume of the regulatory floodway and SFHA. At a minimum, a development proposal shall provide compensatory storage if grading or other activity eliminates any effective flood storage volume. Compensatory storage shall:
a.
Provide equivalent volume at equivalent elevations to that being displaced. For this purpose, "equivalent elevation" means having similar relationship to ordinary high water and the best available 100-year water surface profiles;
b.
Be hydraulically connected to the source of flooding; and
c.
Provide compensatory storage in the same construction season as when the displacement of flood storage volume occurs and before the flood season begins.
d.
The newly created storage area shall be graded and vegetated to allow fish access during flood events without creating fish stranding sites.
14.
Pit, Mine, Quarry, or Gravel Extraction. Approval of a CLOMR shall be required as a condition of approval for any proposed pit, mine, quarry, or gravel extraction. The CLOMR application shall demonstrate that the extraction site will be designed to avoid river avulsion (the sudden separation of land from one property and its attachment to another, especially by flooding or a change in the course of a river). FEMA must approve the CLOMR prior to commencement of the use or breaking ground. Gravel mining operations or excavations are not permitted within 100 feet of the top of riverbank regardless of floodway or floodplain designation. Material stockpiles and permanently installed structures shall not be located within the regulatory floodway.
15.
Bridges and Culverts. IDAPA 37.03.07 Rule 59 requires that communities participating in the NFIP must have one foot freeboard above the 100-year flow. Thus, the low chord must be at least one foot above the base flood elevation (BFE). In an A Zone without BFE the BFE will be determined by a hydrologic and hydraulic analysis the project applicant develops. The hydrologic and hydraulic analysis with BFE will be provided to the community as a part of the floodplain development permit. Upon completion of the project, the project applicant may be required to submit a letter of map revision (LOMR) application to FEMA.
16.
Density. Land designated as floodway shall be excluded when calculating residential density and in no case shall the residential density within a floodplain, outside of the floodway area, exceed one dwelling unit per acre.
C.
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 DCC § 18.35.020(B), where no base flood elevation (BFE) data has been provided by FEMA, the following provisions, in addition to the provisions of subsection (A) of this section, shall apply:
The BFE used in determining the flood protection elevation (BFE) 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 chapter and shall be elevated or floodproofed in accordance with standards in subsections (A) and (B) of this section.
3.
Require that all new subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than 50 lots or five 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 DCC § 18.35.020(B), and utilized in implementing this chapter. The applicant/developer shall submit an application for a conditional letter of map revision (CLOMR) prior to preliminary plat approval and have obtained a letter of map revision (LOMR) prior to any building permits for structures being issued.
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 (nonresidential) to two feet above the highest adjacent grade (HAG) at the building site or to the flood protection elevation (FPE), whichever is higher, as defined in this title. All other applicable provisions of subsection (B) of this section shall also apply.
D.
Standards for Riverine Floodplains with Base Flood Elevations but Without Established Floodways. Along rivers and streams where base flood elevation (BFE) data is provided by FEMA or is available from another source, but floodways are not identified for a special flood hazard area on the FIRM or in the FIS report, the following requirements shall apply to all development within such areas:
2.
Until a regulatory floodway is designated, no encroachments, including fill, new construction, substantial improvements, or other development, shall be permitted unless certification with supporting technical data by a registered professional engineer is provided demonstrating 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 at any point within the community.
E.
Standards for Floodways and Flood Fringe Areas. Areas designated as floodways located within the special flood hazard areas established in subsection (B) of this section. 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 (A) and (B) of this section, shall apply to all development within such areas:
1.
No encroachments, including fill, new construction, substantial improvements, and other developments, shall be permitted unless:
a.
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 practice (no-rise analysis and certification) and presented to the floodplain administrator prior to issuance of floodplain development permit; or
b.
A conditional letter of map revision (CLOMR) has been approved by FEMA. A letter of map revision (LOMR) must also be obtained within six months of completion of the proposed encroachment.
2.
If subsection (E)(1) of this section is satisfied, all development shall comply with all applicable flood hazard reduction provisions of this chapter.
4.
Other Development in Regulated Floodways.
a.
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 (E) of this section.
b.
Retaining walls, bulkheads, sidewalks, and driveways that involve the placement of fill in regulated floodways shall meet the limitations of subsection (E) of this section.
c.
Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings, and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, which encroach into regulated floodways, shall meet the limitations of subsection (E) of this section. The applicant/developer shall submit an application for a letter of map revision (LOMR) upon completion of construction for the purpose of providing FEMA better available data.
d.
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 (E) of this section.
e.
Docks, piers, boat ramps, marinas, moorings, decks, docking facilities, port facilities, shipbuilding, and ship repair facilities that encroach into regulated floodways shall meet the limitations of subsection (E) of this section.
f.
Gravel and sand and their subsequent extraction on lands within the special flood hazard area that encroach into regulated floodways shall meet the limitations of subsection (E) of this section. A reclamation plan bond for LOMR shall be posted by the mine/property owner with the city of Donnelly to cover the estimated costs of a reclamation LOMR as determined by the mine/property owner and shall provide supporting documentation for the estimated LOMR cost. A reclamation LOMR shall be completed within one year of the completion of mining. Upon failure of the property owner to obtain a reclamation LOMR of the mining site within one year, the reclamation plan bond for LOMR will be forfeited.
5.
All buildings shall be set back a minimum of 100 feet from the floodway line. Except that when the special flood hazard area boundary is 100 feet or less from the floodway line, the boundary line shall be the setback line.
6.
No development is permitted within the 25-foot setback from all waterways called the riparian zone and riparian vegetation shall be maintained in its natural state for the protection and stabilization of the riverbank, and removal of trees or other vegetation is regulated in accordance with this chapter.
(Ord. 269, 9/15/2025)