Moab City Zoning Code
17.33 FW
Floodway Zone
17.33.010 Objectives and characteristics.
The primary purpose of the FW floodway zone is to facilitate the protection of life and property from damage due to flood events by ensuring that the creek channel and adjacent overbank areas necessary to convey flood flows will be permanently kept free of encroachments. Lands within this zone are characterized by the primary creek channel and adjacent riparian fringes, which are free of buildings, fences, and fill embankments that are likely to be damaged or which will likely cause a restriction to the free flow of floodwaters during recurring floods. (Ord. 15-05 (part), 2015: Ord. 09-06 (part), 2009; prior code § 27-12-1)
17.33.020 Definitions.
The following terms used in this chapter shall have the meanings set forth in this section.
“Flood hazard areas” identified on the Flood Insurance Rate Map are identified as a Special Flood Hazard Areas (SFHA). SFHA are defined as the area that will be inundated by the flood event having a one percent chance of being equaled or exceeded in any given year. The one percent annual chance flood is also referred to as the base flood or one-hundred-year flood.
“Floodplain” means an area of nearly flat low-lying ground along the course of a stream, river, or coast that is naturally subject to flooding.
“Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
“Flood zones” are geographic areas that FEMA has defined according to varying levels of flood risk. These zones are depicted on a community’s Flood Insurance Rate Map (FIRM) or Flood Hazard Boundary Map and each zone reflects the severity or type of flooding in the specific area. (Ord. 15-05 (part), 2015)
17.33.030 Use requirements.
Only the following uses shall be permitted in the FW floodway zone:
A. Agricultural uses such as farming, truck gardening and the growing of nursery stock;
B. Pasturing of animals;
C. Revetments and other flood protection structures;
D. Public parks, trails, and open space;
E. Public transportation structures if “no rise” can be shown;
F. Fences as per requirements in Section 17.33.050; and
G. Maintenance of vegetation with a permit. (Ord. 15-05 (part), 2015: Ord. 09-06 (part), 2009; Ord. 08-03 (part), 2008; Ord. 94-12 (part), 1994; prior code § 27-12-2. Formerly 17.33.020)
17.33.040 Area, width and location requirements.
There shall be no regulations pertaining to area, width or location of building requirements in the FW floodway zone. (Ord. 15-05 (part), 2015: Ord. 09-06 (part), 2009; prior code § 27-12-3. Formerly 17.33.030)
17.33.050 Specific regulations.
The following use regulations shall apply:
A. Fences. Fences will be allowed only if it can be determined through an engineering study that they can satisfy a no-rise (less than or equal to zero feet) in the FEMA and community BFE.
1. Exception. An engineering study may not be required for fences such as smooth or barbed wire fences that are constructed in a way that the fence will be pushed over or ripped out early in the flood or will swing in the direction of the flood flow. Fencing similar to the styles on pages 159-162 in the book, Fences, released by the Bureau of Land Management, United States Forest Service http://www.fs.fed.us/t-d/pubs/), and the Society for Range Management may also be considered as appropriate.
B. Planting or Removal of Trees and Shrubs. Deep-rooted vegetation within the flood channel provides critical protection against large scale erosion. However, dense stands of sturdy trees and woody shrubs can also obstruct the free flow of floodwaters. The best situation is scattered native trees with a dense groundcover of native shrubs and grasses that offer minimal resistance to the passage of floodwaters. No existing native vegetation shall be removed and no new trees shall be planted within the floodway without the written approval of the City floodplain administrator. For any clearing or revegetation activity, a stabilization plan is required to be submitted to the City for evaluation and approval by city staff.
C. Floodway to Be Kept Clear. The presence of debris such as fallen trees and tree limbs, construction materials, vehicles, or similar uses within the floodway represents a significant hazard to the community as the debris can be transported by the floodwaters and become lodged against one of the several bridge structures. The accumulation of debris or storage of materials is prohibited within the floodway. It shall be the property owner’s responsibility to keep the floodway portion of their property free of any such materials.
D. Prohibited Structures. No permanent structures such as sheds, dwellings, or permanent corrals shall be located in the floodway. (Ord. 15-05 (part), 2015: Ord. 09-06 (part), 2009; prior code § 27-12-4. Formerly 17.33.040)
17.33.060 Enforcement and penalties.
No structure or land shall hereafter be constructed, altered, converted, or extended without full compliance with the provisions of this chapter and all other applicable regulations. Violations of this chapter by failing to comply with any of its requirements shall constitute a misdemeanor. Any person who violates this chapter through noncompliance with any of its requirements shall upon conviction thereof be fined not more than one thousand dollars or imprisoned for not more than six months, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Such associated costs may include attorney fees, all court fees, staff time, and shall include costs associated with the abatement of the violation. Such costs may include, but are not limited to, removal of all prohibited barriers, structures, or fill. Nothing herein contained shall prevent the City of Moab from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. 15-05 (part), 2015: Ord. 09-06 (part), 2009. Formerly 17.33.050)