1. Statement of Purpose. It is the purpose of this Subsection to provide property owners with the opportunity to purchase affordable flood insurance, acquire financial assistance, and promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
   1. Protect human life and health;
   2. Minimize expenditure of public money for costly flood control projects;
   3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the public;
   4. Minimize prolonged business interruptions;
   5. Minimize damage to public facilities and utilities (i.e., water and gas mains; electric, telephone and sewer lines; and streets and bridges) located in areas of special flood hazard;
   6. 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 blighted areas caused by flood damage;
   7. Ensure that potential buyers are notified that the property is in an area of special flood hazard; and,
   8. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
2. Statutory Authorization. The State Government Code Sections 65302, 65560, and 65800 conferred upon local government unit’s authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the Board does adopt the following floodplain management regulations.
3. Finding of Fact. The National Flood Insurance Act of 1968 authorized the National Flood Insurance Program, which represented a new approach to assisting the victims of flooding by providing an opportunity for property owners to purchase from the Federal government insurance protection for structures exposed to the perils of flooding. Then in 1973 the Act was modified to require the purchase of flood insurance as a condition of receiving any form of Federal or Federally-related financial assistance on any improvement located in any area that has been identified by the Director of the Federal Emergency Management Agency (FEMA) as a special flood hazard area. The Act also requires Federal financial regulatory agencies subject to their regulatory authority to direct lenders to require borrowers, whose security consists of structures located in a special flood hazard area, to purchase flood insurance.
   1. FEMA has identified special flood hazard areas in the County that are subject to periodic inundation which may result in loss of life and property, cause health and safety hazards, disruption of commerce and governmental services, increase public expenditures for flood protection relief, and impairment of the tax base, all of which adversely affects the public health, safety, and general welfare.
   2. Many of the above described flood losses are caused by uses that are inadequately elevated, flood proofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contribute to the flood loss.
4. Methods of Reducing Flood Losses. In order to accomplish its purposes, this Subsection includes methods and provisions to:
   1. Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;
   2. Require that uses vulnerable to floods, including facilities which serve these uses, be protected against flood damage at the time of initial construction;
   3. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;
   4. Control filling, grading, dredging, and other development which may increase flood damage; and,
   5. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

Lands to Which this Chapter Applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of Merced County.

Basis for Establishing the areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) dated August 2, 1995 and accompanying Flood Insurance Rate Maps (FIRMs) dated August 2, 1995, and all subsequent amendments and/or revisions, are adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the board of supervisors by the floodplain administrator. The study, and FIRMs are on file at 2222 “M” Street, County Administration Building, Community and Economic Development Department.

Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the term of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the board of supervisors from taking such lawful action as is necessary to prevent or remedy any violation.

Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another chapter, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

Interpretation. In the interpretation and application of this chapter, all provisions shall be:

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 statutes.

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 on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter 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. This chapter shall not create liability on the part of board of supervisors, any officer or employee thereof, the state of California, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

Severability. The ordinance codified in this chapter and the various parts thereof are declared to be severable. Should any section of said ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of said ordinance as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

1. Site plan, including but not limited to:
   1. For all proposed structures, spot ground elevations at building corners and 20 foot or smaller intervals along the foundation footprint, or one-foot contour elevations throughout the building site;
   2. Proposed locations of water supply, sanitary sewer, and utilities;
   3. If available, the base flood elevation from the Flood Insurance Study and/or Flood Insurance Rate Map; and,
   4. If applicable, the location of the regulatory floodway;
2. Foundation design detail, including but not limited to:
   1. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;
   2. For a crawl-space foundation, location and total net area of foundation openings as required in Section 18.26.050(A)(3) (Provisions for Flood Hazard Reduction: Elevation and Floodproofing) and FEMA Technical Bulletins 1-93 and 7-93; and,
   3. For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to ninety-five (95) percent using the Standard Proctor Test method);
3. Proposed elevation in relation to mean sea level to which any non-residential structure will be floodproofed, as required in Section 18.34.050(A)(3)(b) (Provisions for Flood Hazard Reduction: Elevation and Floodproofing) of this chapter and FEMA Technical Bulletin TB 3-93;
4. All appropriate certifications listed in Subparagraph (C)(4) below, and,
5. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

1. Permit Review. Review all development permits to determine that:
   1. Permit requirements of this chapter have been satisfied;
   2. All other required State and Federal permits have been obtained;
   3. The site is reasonably safe from flooding; and,
   4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this chapter, “adversely affects” means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point.
2. Review and Use of Any Other Base Flood Data. When base flood elevation data has not been provided in accordance with Subparagraph 18.26.030(B) (General Provisions: Basis for Establishing Areas of Special Flood Hazard), the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal or State agency, or other source in order to administer Section 18.26.050 (Provisions for Flood Hazard Reduction); or,
   1. If no base flood elevation data is available from a Federal or State agency or other source, then a base flood elevation shall be obtained using one of two methods from the FEMA publication “Managing Floodplain Development in Approximate Zone A Areas - A Guide for Obtaining and Developing Base (100-year) Flood Elevations,” dated July 1995 in order to administer Section 18.26.050 (Provisions for Flood Hazard Reduction).
      1. Simplified Method. A 100 year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. Geological Survey publication, or the discharge-drainage area method. The base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or,
      2. Detailed Method. A 100 year or base flood discharge shall be obtained using the U.S. Army Corps of Engineers’ HEC-HMS computer program. The base flood elevation shall be obtained using the U.S. Army Corps of Engineers’ HEC-RAS computer program.
3. Notification of Other Agencies. In alteration or relocation of a watercourse, the applicant shall:
   1. Notify adjacent communities and the California Department of Water resources prior to alteration or relocation;
   2. Submit evidence the notification to the FIA, FEMA; and,
   3. Assure that the flood carrying capacity within the altered or relocated portion of the watercourse is maintained.
4. Documentation of Floodplain Development. The applicant shall obtain and maintain for public inspection and make available as needed the following:
   1. Certification required by Section 18.26.050(A)(3)(a) (lowest floor elevation); and 18.26.050(D);
   2. Certification required by Section18.26.050(A)(3)(b) (elevation or floodproofing of nonresidential structures);
   3. Certification required by Sections 18.26.050(A)(3)(c) (wet floodproofing standard);
   4. Certification of elevation required by Section 18.26.050(C)(2) (subdivision standards);
   5. Certification required by Section 18.26.0500(F)(1) (floodway encroachments);
5. Map Determinations. Make interpretations where needed as to the exact location of the boundaries of the areas of special flood hazard, for example, where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in subsection F of this section.
6. Remedial Action. Take action to remedy violations of this chapter as specified in Section 18.26.010(C) (General Provisions: Compliance).

1. The alteration or modification of any watercourse shall be reviewed by the Floodplain Administrator and requires a deposit determined by the Floodplain Administrator. This deposit may be adjusted after the project scope is determined by the Floodplain Administrator. The actual fee paid will be the actual cost incurred by the county in processing the watercourse alteration request and any funds remaining in said deposit will be refunded to the applicant.

1. Anchoring.
   1. All new construction and substantial improvements shall be 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 manufactured homes shall meet the anchoring standards specified in Subsection D (Standards for Manufactured Homes), below.
2. Construction Materials and Methods. All new construction and substantial improvements shall be constructed:
   1. With flood-resistant materials as specified in FEMA Technical Bulletin TB2-93, and utility equipment resistant to flood damage;
   2. Using methods and practices that minimize flood damage;
   3. With electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located to prevent water from entering or accumulating within the components during conditions of flooding; and,
   4. If located within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
3. Elevation and Floodproofing. (See Section 18.26.020: Definitions of “basement,” “lowest floor,” “new construction,” “substantial damage,” and “substantial improvement”.)
   1. Residential construction. New or substantial improvements, shall have the lowest floor, including the basement:
      1. In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least two feet above the highest adjacent grade if no depth number is specified.
      2. In an A zone, elevated to or above the base flood elevation, and the base flood elevation shall be determined by one of the methods described in Section 18.26.040 (C)(2).
      3. In all other zones, elevated to or above the base flood elevation. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor and verified by the County Building Inspector to be properly elevated. The certification or verification shall be provided to the Floodplain Administrator.
   2. Nonresidential construction. New or substantial improvements, shall either be elevated to conform with Subparagraph (A)(3)(a), above or in conjunction with attendant utility and sanitary facilities standards:
      1. Be floodproofed below the elevation recommended in Subparagraph (A)(3)(a), above so that the structure is watertight with walls substantially impermeable to the passage of water;
      2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and,
      3. Be certified by a registered professional engineer or architect that the standards of this Subsection are satisfied. The certification shall be provided to the Floodplain Administrator.
   3. All new construction and substantial improvements with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement shall follow the guidelines specified in FEMA Technical Bulletins TB 1-93 and TB 7-93, and must exceed the following minimum criteria:
      1. Be certified by a registered professional engineer or architect; or,
      2. Have a minimum of two openings with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices if they permit the automatic entry and exist of floodwater.
   4. Manufactured homes shall also meet the standards specified in Subsection (D), below.

1. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:
   1. Infiltration of floodwaters into the systems; and,
   2. Discharge from the systems into floodwaters.
2. On-site waste disposal systems shall be located to avoid impairment, or contamination during flooding.

1. All preliminary subdivision maps/plans shall identify the special flood hazard area and the elevation of the base flood.
2. All subdivision maps/plans shall provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the lowest floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator.
3. All subdivision maps/plans shall be consistent with the need to minimize flood damage.
4. All subdivision maps/plans shall design public utilities and facilities (i.e., sewer, gas, electrical, and water systems) located and constructed to minimize flood damage.
5. All subdivision maps/plans shall provide adequate drainage to reduce exposure to flood hazards.

1. All manufactured homes that are placed or substantially improved within Zones A, AO, AH, and AE on the County’s Flood Insurance Rate Map, on sites located:
   1. Outside of a manufactured home park or subdivision;
   2. In a new manufactured home park or subdivision:
   3. In an expansion to an existing manufactured home park or subdivision; or,
   4. In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred “substantial damage” as the result of a flood, shall be elevated on a permanent foundation so that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist partial collapse and lateral movement.
2. All manufactured homes to be placed or substantially improved on sites located in an existing manufactured home park or subdivision within Zones A, AO, AH, AE, on the County’s Flood Insurance Rate Map that are not subject to the provisions of this Subsection shall be securely fastened to an adequately anchored foundation system to resist partial collapse and lateral movement, and elevated so that either:
   1. The lowest floor of the manufactured home is at or above the base flood elevation; or
   2. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade.
3. Upon the completion of installing the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor and verified by the County Building Inspector to be properly elevated. The certification and verification shall be provided to the Floodplain Administrator.

1. Be on the site for fewer than 180 consecutive days and be fully licensed and ready for highway use. A recreational vehicle is considered 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; or
2. Meet the permit requirements specified in this Subsection and the elevation and anchoring requirement for manufactured homes specified in this Subparagraph.

1. Prohibit encroachments, including fill, new construction, substantial improvement, and other new development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in the base flood elevation during the occurrence of the base flood discharge.
2. If Subparagraph (F)(1), above is satisfied, all new construction, substantial improvements, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this section.

1. The Variance criteria specified in this Chapter are based on the general principle of zoning law that Variances pertain to a real property and are not personal in nature. The County may grant a Variance only upon demonstration of a hardship based on unique circumstances applicable to the property and when these circumstances deprive the property of privileges enjoyed by other properties in the vicinity within the same zone.
2. It is the duty of the County to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that Variances from the flood elevation or from other requirements in the flood chapter are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if Variances are strictly limited. Therefore, the Variance guidelines provided in this Chapter are more detailed and contain multiple provisions that must be met before a Variance can be properly granted. The criteria are designed to screen out those circumstances in which alternatives other than a Variance are more appropriate.

1. When evaluating Variance requests, the Board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Chapter and:
   1. Danger that materials may be swept onto other lands to the injury of others;
   2. Danger of life and property due to flooding or erosion damage;
   3. Susceptibility of the proposed facility and its contents to flood damage and the effect of the damage on the existing individual owner(s) and future owners of the property;
   4. Importance of the services provided by the proposed facility to the community;
   5. Necessity for the facility to be located near water, where applicable;
   6. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
   7. Compatibility of the proposed use with existing and anticipated development;
   8. Relationship of the proposed use to the General Plan and floodplain management program for that area;
   9. Safety of access to the subject property in time of flood for ordinary and emergency vehicles;
   10. Expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and,
   11. Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities (i.e., sewer, gas, electrical, water systems, streets, and bridges).
2. Any applicant to whom a Variance is granted shall be given written notice:
   1. The issuance of a Variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and,
   2. The construction below the base flood level increases the risk to life and property. A copy of the notice shall be recorded by the Floodplain Administrator in the Office of the County Recorder and shall be recorded in a manner so that it appears in the chain of the title of the affected parcel(s) of land.
3. The Floodplain Administrator shall maintain a record of all Variance actions, including justification for their issuance, and report the Variances issued in its biennial report submitted to the FIA of the FEMA.

1. Generally, Variances may be issued for new construction, substantial improvements, and other proposed new development to be erected on a parcel of one-half acre or less in size contiguous to and surrounded by parcels with existing structures constructed below the base flood level, if the procedures of Section 18.26.040 (Administration) and Section 18.26.050 (Provisions for Flood Hazard Reduction) have been exhausted. As the parcel size increases beyond one-half acre, the technical justification required for issuing the Variance increases.
2. Variances may be issued for the repair or rehabilitation of historic structures (as defined in ARTICLE 8: Definitions) upon determination that the proposed repair and rehabilitation will not preclude the structure’s continued designation as an historic structure and the Variance is the minimum necessary to preserve the historic character and design of the structure.
3. Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.
4. Variances shall only be issued upon a determination that the Variance is the “minimum necessary” considering the flood hazard, to afford relief. “Minimum necessary” means to afford relief with a minimum of deviation from the requirements of this Section. For example, in the case of Variances to an elevation requirement, this means the Board need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the Board believes will both provide relief and preserve the integrity of the local requirements.
5. Variance shall only be issued upon:
   1. Showing of good and sufficient cause;
   2. Determination that failure to grant the Variance would result in exceptional “hardship” as defined in ARTICLE 8: (Definitions) to the applicant; and,
   3. Determination that the granting of a Variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense; create a public safety nuisance, cause fraud or victimization of the public, or conflict with existing local laws (See ARTICLE 8: Definitions).
6. Variances may be issued for new construction, substantial improvements, and other proposed new development necessary for the conduct of a functionally dependent use if the provisions of this Chapter are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.
7. Upon consideration of the factors of this Chapter and the purposes of this Chapter, the Board may attach conditions to the granting of Variances as it deems reasonable and necessary to further the purposes of this Chapter.