(1)   The Legislature of the State of South Dakota has in SDCL Ch. 11-4 delegated the responsibility to local governmental units to adopt land use regulations designed to promote the public health, safety, and general welfare of its citizenry through flood plain and land use regulation. Therefore, the City Council of the City of Flandreau, South Dakota, ordains as follows:

      The City of Flandreau elects to comply with the requirements of the National Flood Insurance Act of 1968 (P.L. 90-488, as amended). The National Flood Insurance Program (NFIP) is a voluntary program administered by the Federal Emergency Management Agency (FEMA), a component of the U.S. Department of Homeland Security, and the City of Flandreau's community officials have elected to join the program, participate and enforce these flood damage prevention regulations to areas not identified as Special Flood Hazard Areas (SFHAs) by FEMA on the community's effective Flood Insurance Rate Map (FIRM), if the community has documentation to support that there is an inherent risk of flooding in such areas.

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

      (2)   These potential flood losses are caused by:

         (a)   The cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities;

         (b)   The occupancy of flood hazards areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage; and

         (c)   Uses deemed unsuitable for floodplain areas or that do not account for the increased flood risk.

      (1)   To protect human life and health;

      (2)   To minimize expenditure of public expenditures flood control projects;

      (3)   To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

      (4)   To minimize prolonged business interruptions caused by flooding;

      (5)   To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

      (6)   To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; and

      (7)   To ensure that potential buyers are notified that property is in an area of special flood hazard.

      (1)   Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in times of flooding, or cause excessive increases in flood heights or velocities;

      (2)   Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

      (3)   Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters;

      (4)   Controlling filling, grading, dredging, and other development which may increase flood damage; and

      (5)   Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters, or which may increase flood hazards in other areas.

(Ord. 622, passed 10-7-2024)

   In addition to the definitions in § 155.001 of this chapter, unless specifically defined below, words or phrases used in § 155.156 shall be interpreted so as to give them the meaning they have in common usage and to give these regulations its most reasonable application. The definitions contained in § 155.156 shall supersede the definitions in § 155.001 of these regulations only in the interpretation of this subchapter. In all other cases where these definitions conflict with the definitions in § 155.001, the definitions in § 155.001 shall apply.

      (1)   A general and temporary condition of partial or complete inundation of normally dry land areas from:

         (a)   The overflow of inland or tidal waters; or

         (b)   The unusual and rapid accumulation or runoff of surface waters from any source.

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

      (3)   The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in these regulations.

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

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

      (3)   Individually listed on a state inventory of historic places in states with historic reservation programs that have been approved by the Secretary of the Interior; or

      (4)   Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

         (a)   By an approved state program as determined by the Secretary of the Interior; or

         (b)   Directly by the Secretary of the Interior in states without approved programs.

      (1)   Built on a single chassis;

      (2)   400 square feet or less when measured at the largest horizontal projection;

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

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

      (1)   A building with two or more outside rigid walls and a fully secured roof, which is affixed to a permanent site;

      (1)   Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and are the minimum necessary to assure safe living conditions; or

(Ord. 622, passed 10-7-2024)

      (1)   Considered as minimum requirements;

      (2)   Liberally construed in favor of the governing body; and

      (3)   Deemed neither to limit nor repeal any other powers granted under state statute.

   (G)   The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions, greater floods can and will occur and flood heights may be increased by human-made or natural causes.

   (H)   These regulations does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. These regulations shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on these regulations, or any administrative decision lawfully made thereunder.

(Ord. 622, passed 10-7-2024)

      (1)   Uphold the goals of the community and the NFIP to reduce risk when possible and increase the community's resistance to future disasters.

      (2)   Maintain and hold open for public inspection all records pertaining to the provisions of these regulations, including the actual elevation of the lowest floor (including basement or crawlspace) of all new or substantially improved structures and any floodproofing certificates, including the data supporting such certificates.

      (3)   Maintain and hold open for public inspection maps that identify and locate the boundaries of the SFHAs to which these regulations apply, including, but not limited to, the FIRM.

      (4)   Review development proposals to determine whether a proposed building site, including sites designed for the placement of manufactured homes, will be reasonably safe from flooding.

      (5)   Review, approve, or deny all applications for development permits required by adoption of these regulations.

      (6)   Ensure that all necessary permits have been obtained from those federal, state, or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334 and the Endangered Species Act of 1973) from which prior approval is required.

      (7)   Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.

      (8)   Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is the South Dakota Office of Emergency Management, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to FEMA.

      (9)   Where interpretation is needed as to the 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), the Floodplain Administrator shall make the necessary interpretation.

      (10)   When BFE data has not been provided by FEMA, the Floodplain Administrator shall obtain, review, and reasonably utilize any BFE data and floodway data available from a federal, state, or other source including data provided by the applicant, in order to administer the provisions of these regulations.

      (11)   When a regulatory floodway has not been designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30, AE, and AH 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 1.00 foot at any point within the community.

      (12)   Under the provisions of 44 CFR Chapter 1, Section 65.12 of the NFIP Regulations, a community may approve certain development in Zones A1-30, AE, and AH on the community's FIRM, which increases the water surface elevation of the base flood by more than 1.00 foot, provided that the community first meets the requirements of Section 65.12 for a conditional FIRM revision through FEMA's CLOMR process.

      (13)   If the project is determined or reasonably believed to cause an adverse effect on the BFE(s), boundaries of the floodplain or any insurable structures, technical justification for the proposed development shall be submitted and the community may require a CLOMR or LOMR to be submitted prior to the permit approval or as a requirement of the permit.

      (1)   The property owner or developer shall notify FEMA by submittal of a LOMR within six months of project completion when an applicant had obtained a CLOMR from FEMA or when development altered a watercourse, modified floodplain boundaries, or modified BFE.

      (2)   The property owner or developer shall be responsible for preparing technical data to support the CLOMR or LOMR application and paying any processing or application fees to FEMA. The property owner or developer is responsible for submitting the CLOMR and LOMR to FEMA and shall provide all necessary data to FEMA if requested during the review process to ensure the CLOMR or LOMR is issued.

      (3)   The Floodplain Administrator shall be under no obligation to sign the Community Acknowledgment Form, which is part of the CLOMR/LOMR application, until the applicant demonstrates that the project will or has met the requirements of these regulations and all applicable state federal, and local laws.

      (1)   Application for a Development Permit shall be presented to the Floodplain Administrator on forms furnished by him/her and may include, but not be limited to:

         (a)   Duplicated plans drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations;

         (b)   Duplicated plans drawn to scale showing the location, dimensions, and elevation of existing and proposed structures, including the placement of manufactured homes;

         (c)   Location of the foregoing in relation to SFHAs;

         (d)   Elevation (in relation to mean sea level), of the lowest floor (including basement and crawlspace) of all new and substantially improved structures, if applicable;

         (e)   Elevation (in relation to mean sea level), to which any nonresidential structure (if applicable) shall be floodproofed;

         (f)   A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure (if applicable) shall meet the floodproofing criteria of these regulations and the NFIP Regulations;

         (g)   Description of the extent to which any watercourse or natural drainage will be altered or relocated because of proposed development, if applicable;

         (h)   At the community's discretion, the community may charge a fee for issuance of Floodplain Development Permits;

         (i)   Copies of all floodplain development permits, and the associated documents shall become property of the community and a permanent record;

            1.   Approval or denial of a Development Permit by the Floodplain Administrator shall be based on all of the provisions of these regulations and the following relevant factors:

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

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

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

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

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

               f.   The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical, and water systems;

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

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

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

               j.   The relationship of the proposed use to the comprehensive plan for that area.

(Ord. 622, passed 10-7-2024)

   (A)   The Board of Adjustment as established by the community shall hear and render judgment on requests for variances from the requirements of these regulations.

   (B)   The Board of Adjustment shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of these regulations.

   (C)   Any person or persons aggrieved by the decision of the Appeal Board may appeal such decision in the courts of competent jurisdiction.

   (D)   The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request.

   (E)   Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of these regulations.

   (F)   Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in division (J) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

   (G)   Upon consideration of the factors noted above and the intent of these regulations, the Board of Adjustment and objectives of these regulations.

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

   (I)   Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

   (J)   Prerequisites for granting variances:

      (1)   Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

      (2)   Variances shall only be issued upon:

         (a)   Showing a good and sufficient cause;

         (b)   A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

         (c)   A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

      (3)   Any application to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

   (K)   Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that:

      (1)   The criteria outlined in division (E) are met;

      (2)   The structure or other development is protected by methods that minimize flood; and

      (3)   Damages during the base flood and create no additional threats to public safety.

(Ord. 622, passed 10-7-2024)

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

      (2)   All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.

      (3)   All new construction or substantial improvements shall be constructed with materials resistant to flood damage.

      (4)   All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

      (5)   All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.

      (6)   New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters.

      (7)   On-site waste disposal systems shall be designed or located to avoid impairment to them or contamination from them during flooding.

      (1)   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.

      (2)   Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure.

      (1)   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 only, not of land and building, 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.

      (2)   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.

   (3)   Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; the determination requires evaluation of previous permits issued for improvements and repairs as specified in § 155.155(C).

      (4)   Utilize FEMA's Substantial Improvement/Substantial Desk Reference when making any determination on substantial improvement and/or substantial damage.

      (5)   The substantial improvement regulations apply to all of the work that is proposed as the improvement, even if multiple permits are issued. Therefore, the determination of the cost of the improvement should consider all costs of all phases of the work before issuance of the first permit.

      (6)   Notify the applicant that if it is determined that the work constitutes substantial improvement or repair of substantial damage, that compliance with the floodplain management ordinance is required.

(Ord. 622, passed 10-7-2024)

   In all SFHAs and areas of suspected flood risk areas, the following provisions are required:

      (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, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

      (4)   The development and construction of the structure must conform with the provision in FEMA/Federal Insurance Administration (FIA) Technical Bulletins 1 and 2. Certification and documentation from a professional, licensed engineer or architect is required if the structure's lowest floor is built below the BFE.

      (1)   The structure must be affixed to a permanent foundation, 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. Because of hydrodynamic loads, crawlspace construction is not allowed in areas with flood velocities greater than five feet per second unless the design is reviewed by a qualified design professional, such as a registered architect or professional engineer.

      (2)   The crawlspace is an enclosed area below the BFE and, as such, must have openings that equalize hydrostatic pressures by allowing the automatic entry and exit of floodwaters. The bottom of each flood vent opening can be no more than one foot above the lowest adjacent grade (LAG).

      (3)   The crawlspace enclosure must have proper openings that allow equalization of hydrostatic pressure by allowing automatic entry and exit of floodwaters. To achieve this, a minimum of one square inch of flood opening is required per one square foot of the enclosed area subject to flooding.

      (4)   Portions of the building below the BFE 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, piers, or other materials that extend below the BFE. Ductwork, in particular, must either be placed above the BFE or sealed from floodwaters. Any building utility systems within the crawlspace must be elevated above the BFE or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions.

      (5)   The interior grade of a crawlspace below the BFE must not be more than two feet below the LAG.

      (6)   The height of the below-grade crawlspace, measured from the lowest interior grade of the crawlspace floor to the bottom of the floor joist of the next higher floor cannot exceed four feet at any point.

      (7)   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.

      (8)   Buildings with below-grade crawlspaces will have higher flood insurance premiums than buildings that have the preferred crawlspace construction, with the interior elevation at or above the LAG.

      (1)   Require that all manufactured homes to be placed within Zone A on a community's FHBM or FIRM shall be installed using methods and practices that minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

      (2)   Require that manufactured homes that are placed or substantially improved within Zones A1-30, AH, and AE on the community's FIRM on sites outside of a manufactured home park or subdivision; in a new manufactured home park or subdivision; in an expansion to an existing manufactured home park or subdivision; or in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated as high as the BFE, and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

      (3)   In A1-30, AH, AO and AE Zones, require that manufactured homes to be placed or substantially improved in an existing manufactured home park to be elevated so that the lowest floor is at least as high as the BFE; or the chassis is supported by reinforced piers no less than 36 inches in height above grade and securely anchored.

      (1)   Be on the site for fewer than 180 consecutive days and be fully licensed and ready for highway use;

         (a)   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 security devices and has no permanently attached additions;

      (2)   Or meet the permit requirements of § 155.158(D), and the elevation and anchoring requirements for "manufactured homes" of this section.

(Ord. 622, passed 10-7-2024)

   (A)   All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with the provisions of these regulations.

   (B)   All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.

   (C)   All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Development Permit requirements of these regulations.

   (D)   BFE data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions, which is greater than 50 lots or five acres, or whichever is lesser.

   (E)   All subdivision proposals including the placement of manufactured home parks and subdivisions shall minimize flood damage.

   (F)   All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.

(Ord. 622, passed 10-7-2024)

   Floodways located within SFHAs are extremely hazardous areas due to the velocity of flood waters that carry debris, potential projectiles, and erosion potential, the following provisions shall apply:

   (A)   Designate a regulatory floodway that will not increase the base flood level more than one foot.

   (B)   Encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase greater than 0.00 feet in flood levels within the community during the occurrence of the base flood discharge.

   (C)   All new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of these regulations.

   (D)   Under the provisions of 44 CFR Chapter 1, Section 65.12, of the NFIP Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in BFEs, provided that the community first applies for a conditional FIRM and floodway revision through FEMA.

(Ord. 622, passed 10-7-2024)