5-2801A.

Statutory Authorization

This section is adopted pursuant to, inter alia, Title 29, Article 20, Section 101, et seq.; Title 30, Article 28, Section 101, et seq.; and Title 24, Article 65.1, Section 101, et seq., C.R.S., 1973, as amended.

The Legislature of the State of Colorado has, in C.R.S. Title 29, Article 20, delegated the responsibility of local governments to adopt regulations designed to minimize flood losses. Therefore, the Board of County Commissioners of San Miguel County, Colorado, does hereby adopt the following management regulations:

5-2801B.

Findings of Fact

I.

The flood hazard areas of San Miguel County are subject to periodic inundation, which can result 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.

II.

These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage.

5-2801C.

Purpose

It is the purpose of this section 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:

I.

Protect human life and health;

II.

Minimize expenditures of public money for costly flood control projects;

III.

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

IV.

Minimize prolonged business interruptions;

V.

Minimize damage to critical facilities, infrastructure and other public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;

VI.

To ensure that potential buyers are notified that property is in an area of special flood hazard;

VII.

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

VIII.

Prohibit the placement of fill, materials, and structures, which would significantly obstruct flood flows or cause potentially damaging debris to be carried downstream;

IX.

Encourage open space activities such as agriculture, recreation, and mineral extraction in flood hazard areas and to ensure that any combination of these activities is conducted in a mutually compatible manner; and

X.

To ensure that those who occupy the areas of special flood hazards assume responsibility for their actions.

XI.

Compliance with this section allows the County to remain in good standing in the National Flood Insurance Program (NFIP) which allows landowners and residents to continue to be eligible to obtain flood insurance.

XII.

Compliance with this section also allows the County to be eligible for certain grant funding through the Colorado Water Conservation Board (CWCB), and for Hazard Mitigation funding through the Federal Emergency Management Agency (FEMA).

These regulations seek maximum protection of persons and property by avoiding development activity whenever possible, minimizing unavoidable development activity and mitigating the impacts of development on lands adjacent to rivers and streams within flood hazard areas. Developers and landowners should seek to use existing bridges to the extent possible to reduce impacts of multiple bridges crossing rivers and streams.

5-2801D.

Methods of Reducing Flood Losses

In order to accomplish its purposes, this section uses the following methods:

I.

Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities;

II.

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

III.

Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters;

IV.

Control filling, grading, dredging and other development which may increase flood damage;

V.

Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands.

5-2801E.

Construction

This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this resolution and another regulation, master plan, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more restrictive standards or requirements shall prevail.

5-2801F.

Application

I.

This section shall apply to all Special Flood Hazard areas within the unincorporated areas of San Miguel County and areas removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-F).

II.

The areas of Special Flood Hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study for San Miguel County, Colorado, and Incorporated Areas," dated September 30, 1992, with an accompanying Flood Insurance Rate Map (FIRM), and any revisions thereto, is hereby adopted by reference and declared to be a part of this section.

These maps, together with all explanatory material, are hereby adopted by reference and declared to be a part of this resolution. True and official copies of these maps shall be filed and maintained for public inspection in the offices of the County Planning Department, 333 W. Colorado Ave., Telluride CO 81435.

III.

No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this section and other applicable regulations. Nothing herein shall prevent San Miguel County from taking such lawful action as is necessary to prevent or remedy any violation.

5-2802A.

Designation of the Floodplain Administrator

The Planning Director is hereby appointed as Floodplain Administrator to administer, implement and enforce the provisions of this section and other appropriate sections of the National Floodplain Program Regulations pertaining to floodplain management.

Duties of the Floodplain Administrator shall include but not be limited to:

I.

Review all development permits to determine that the permit requirements of this section have been satisfied.

II.

Review all development permits to determine that all necessary permits have been obtained from Federal, State or local governmental agencies from which prior approval is required.

III.

Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section 5-2805 A.I are met.

IV.

Where interpretation is needed as to the exact location of the boundaries of floodplains, the Floodplain Administrator shall make the necessary interpretation. The base flood elevation shall be the governing factor in determining the actual boundaries.

5-2802B.

Permits Required

I.

Any person desiring to engage in development within the Floodway, Flood Fringe or Flood Prone Districts must obtain a Floodplain Development Permit by Administrative Review or Special Use in accordance with the procedures in these regulations.

II.

A Development Permit to demonstrate compliance with the terms of the Floodplain Administrative Review or Special Use approval shall be obtained before construction or development begins within any area of special flood hazard established in Section 5-2801 F. Application for a Development Permit shall be made on forms furnished by the Planning Department and may include, but not be limited to: Plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing.

III.

A Building Permit may be necessary for the construction of any structure(s) as required by the Building Department.

5-2802C.

Enforcement and Remedies

Refer to Land Use Code Section 1-16 Enforcement and Remedies.

5-2802D.

Severability

Refer to Land Use Code Section 1-7 Severability.

5-2802E.

Disclaimer of Liability

The degree of flood protection required by this section 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 section 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 section shall not create liability on the part of San Miguel County, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

5-2802F.

Appeals

I.

Any person or persons aggrieved by the decision of the Floodplain Administrator/Planning Director may appeal such decision to the Board of County Commissioners pursuant to Land Use Code Section 1-1903 Appeal of Planning Director's Administrative Decisions.

II.

Any person or persons aggrieved by the decision of the Board of County Commissioners may appeal such decision in the courts of competent jurisdiction.

5-2803A.

Application Procedure

I.

Application for a Floodplain Development Permit shall be made on a form, Exhibit 1, to this regulation.

II.

Receipt of Application

An application shall not be accepted unless it is complete. If the application is considered incomplete by the Floodplain Administrator, the Floodplain Administrator shall specify what additional information is required.

III.

The Floodplain Administrator shall review the application for conformance with Sections 5-2804 and 5-2805 of this regulation and shall within (30) days of receiving a complete application report the results of such review in writing to the applicant, and, if the development proposal involves a use by special review, to the Board of County Commissioners.

IV.

When base flood elevation data has not been provided in accordance with Section 5-2803 C the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State, or other source, as criteria for requiring that new construction, substantial improvements or other development in Zone A.

5-2803B.

Review Procedures

I.

Allowed Uses by Administrative Review

If the proposal involves an allowed use, the Floodplain Administrator shall within thirty (30) days of certifying the application complete:

a.

Grant a Floodplain Development Permit if the proposed development complies with the provisions of Section 5-2805 of this regulation, together with any conditions deemed appropriate for the particular proposal, or

b.

Deny a Floodplain Development Permit if the proposed development does not comply with the provisions of Section 5-2805 of this regulation, together with written reasons for the denial.

II.

Uses Subject to One-step Board of County Commissioner Special Use Permit Review. All uses that are not listed as Allowed Uses and or subject to two-step review.

III.

Uses Subject to two-step Planning Commission and Board of County Commissioner Review. The second-step of review shall be conducted as a Public Hearing:

a.

New bridges crossing the San Miguel River.

b.

New bridges crossing the Dolores River.

c.

New bridges crossing major tributaries of the San Miguel River: South Fork of the San Miguel River, Leopard Creek, Fall Creek, Big Bear Creek, Deep Creek, Howard Fork, and Lake Fork.

5-2803C.

Submission Requirements

Applicants for a Floodplain Development Permit shall submit the following information. Additional information may be required upon receipt and review of the application.

I.

All of the information required on the application form which is incorporated into and made a part of this section (See Exhibit 1).

II.

The information and data in subsections a. through h. below shall be prepared and certified by a professional engineer, registered in the State of Colorado.

a.

A map showing the existing and proposed steam and channel; the boundaries of the Flood Prone District or the Designated Floodplain along with the boundaries of the Floodway and Flood Fringe Districts, if such have been delineated; the area to be occupied by the proposed development; and all available flood elevation studies, water surface elevations and base flood elevations.

b.

Drawings showing the existing and proposed profile of the bottom of the channel at the thalweg and the water surface profiles described in item a. above.

c.

A map showing existing and proposed elevations or contours of the ground, pertinent structures, fill or storage elevations, size, location and spatial arrangement of all proposed and existing structures on the site; location and elevation of streets, water supply systems, sanitary facilities, and soil types. Such information shall include the elevation (in relation to mean sea level) of the lowest floor (including basement) of any structures and, where the lowest floor is below grade on one (1) or more sides, the elevation of the floor immediately above.

d.

Specifications for building construction and materials, filling, dredging, grading, channel changes, storage of materials, water supply systems, and sanitary facilities.

e.

Descriptions of any construction activity that would affect the hydraulic capacity of the floodway.

f.

Where Floodproofing is utilized for a particular structure in accordance with these regulations, certification that the Floodproofing methods are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the base flood. Elevation in relation to mean sea level to which any structure which has been floodproofed.

g.

For any application involving a use by special review in the Flood Prone District or which disputes the severity of hazardous conditions within the area, a floodplain study shall be completed and attached to the application. The purpose of such study is to more precisely determine the flood hazard at the particular site and the impact of the proposal on other areas both within and outside the floodplain boundary. All floodplain studies shall be conducted by a registered professional engineer experienced in floodplain studies and shall, at a minimum, determine the engineered base flood, its depth and elevation for the entire area of the site, and for two hundred (200) yards above and below the site. The study shall include, at a minimum, one (1) cross section across the entire valley.

h.

The applicant shall submit evidence satisfactory to the Floodplain Administrator that the applicant has notified upstream, downstream, or adjacent communities adversely affected by any development, fill encroachment, or alteration or relocation of a watercourse.

III.

Waiver of Submission Requirements

a.

The Floodplain Administrator and/or the Board of County Commissioners may waive any part but not all of the submission requirements and may not waive any of the performance standards, imposed by this regulation upon petition of the applicant that:

i.

A portion of the submission requirements is inapplicable to the development for which the permit is sought, and/or

ii.

Full compliance with the submission requirements would be unreasonably burdensome for the applicant and that the proposed development will have an insubstantial impact on the surrounding area.

b.

Such a waiver may be granted upon a written determination that the information to be submitted is sufficient for the Floodplain Administrator or the Board of County Commissioners to arrive at a permit decision in full compliance with the law and these regulations and that the proposed development will have an insubstantial impact on the surrounding area.

IV.

Conditions and Guarantees

a.

The Board of County Commissioners or the Floodplain Administrator may attach such conditions to the granting of a Floodplain Development Permit as they deem necessary in furthering the purposes of this regulation. Such conditions may include, but not be limited to, specifications for modification of waste disposal and water supply facilities, landscaping, period of operation, operational controls, sureties, deed restrictions, and adequate Floodproofing.

b.

Before any permit is issued, the Board of County Commissioners may, at its discretion, require the applicant to file a guarantee of financial security deemed adequate by the Board of County Commissioners and payable to San Miguel County.

The purpose of said financial guarantee shall be to assure that the applicant or permittee shall faithfully perform all requirements of the permit or applicable regulations adopted by San Miguel County.

5-2803D.

Factors to Be Considered

Approval or denial of a Floodplain Development Permit by the Floodplain Administrator or the Board of County Commissioners shall be based on all the provision of this section and the following relevant factors:

I.

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

II.

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

III.

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

IV.

The availability of alternative locations for the proposed development that is not subject to flooding or erosion damage;

V.

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

VI.

The relationship of the proposed development to the comprehensive plan and any applicable floodplain management program;

VII.

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

VIII.

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

IX.

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;

X.

The consistency of the proposed use to the comprehensive plan for that area; and

XI.

Any other relevant evidence submitted by the Board of County Commissioners, the Floodplain Administrator, the Colorado Water Conservation Board, the applicant requesting a Floodplain Development Permit, and appellant or other party at interest.

5-2804A.

General Standards

In all Special Flood Hazard Areas the following provisions are required for all new construction and substantial improvements:

I.

All new construction or substantial improvements shall be:

a.

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 buoyance;

b.

Constructed by methods and practices that minimize flood damage;

c.

Constructed with materials resistant to flood damage;

d.

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.

II.

All manufactured homes shall be installed using methods and practices which 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.

III.

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

IV.

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.

V.

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

5-2804B.

Specific Standards

In all Special Flood Hazard Areas where base flood elevation data has been provided as set forth in Section 5-2801 F.II the following provisions are required:

I.

Residential Construction

All new construction and substantial improvements of residential structures must have the lowest floor (including basement) elevated to one (1) foot above the base flood elevation. Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered Colorado Professional Engineer, architect, or land surveyor. Such certification shall be submitted to the Floodplain Administrator.

II.

Nonresidential Construction

With the exception of Critical Facilities, new construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to one (1) foot above the base flood elevation or together with attendant utility and sanitary facilities, be designed so that at one (1) foot above the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

A Colorado Professional Engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. Such certification shall be maintained by the Floodplain Administrator.

III.

Enclosures - Crawl Spaces

New construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access, or storage in an area other than a basement 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 floodwaters.

Designs for meeting this requirement must be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

a.

A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided;

b.

The bottom of all openings shall be no higher than one (1) foot above grade;

c.

Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

IV.

Manufactured Homes

All manufactured homes that are placed or substantially improved within Zones A1-30, AH, and AE on the community's FIRM on sites:

a.

Outside of a manufactured home park or subdivision,

b.

In a new manufactured home park or subdivision,

c.

In an expansion of an existing manufactured home park or subdivision, or

d.

In an existing manufactured home park or subdivision on which 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 to one (1) foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

All manufactured homes placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH and AE on the community's FIRM that are not subject to the provisions of the above paragraph, shall be elevated so that either:

a.

The lowest floor of the manufactured home is one (1) foot above the base flood elevations, or

b.

The manufactured home chassis is supported by reinforced piers or other foundations elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

V.

Recreational Vehicles

All recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's FIRM either:

a.

Be on the site for fewer than one hundred eighty (180) consecutive days,

b.

Be fully licensed and ready for highway use, or

c.

Meet the permit requirements of Section 5-2803 C, and the elevation and anchoring requirements for "manufactured homes" in paragraph 4. of this section.

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.

5-2804C.

Standards for Shallow Flooding (AO/AH Zones)

Located within the Special Flood Hazard Area established in Section 5-2801 F.II, are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply:

I.

Residential Construction

All new construction and substantial improvements of residential structures must have the lowest floor (including basement) elevated above the highest adjacent grade at least one (1) foot above the depth number specified in feet on the community's FIRM (at least three (3) feet if no depth number is specified). Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered Colorado Professional Engineer, architect, or land surveyor. Such certification shall be submitted to the Floodplain Administrator.

II.

Nonresidential Construction

With the exception of Critical Facilities, outlined in Section 5-2806, all new construction and Substantial Improvements of non-residential structures, must have the lowest floor (including basement) elevated above the highest adjacent grade at least one (1) foot above the depth number specified in feet on the community's FIRM (at least three (3) feet if no depth number is specified), or together with attendant utility and sanitary facilities be designed so that the structure is watertight to at least one (1) foot above the base flood level with wall substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. A registered Colorado Professional Engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this section, as proposed in Section 5-28 are satisfied.

5-2804D.

Alteration of a Watercourse

For all proposed developments that alter a watercourse within a Special Flood Hazard Area, the following standards apply:

I.

Channelization and flow diversion projects shall appropriately consider issues of sediment transport, erosion, deposition, and channel migration and properly mitigate potential problems through the project as well as upstream and downstream of any improvement activity. A detailed analysis of sediment transport and overall channel stability would be considered, when appropriate, to assist in determining the most appropriate design.

II.

Channelization and flow diversion projects shall evaluate the residual 100-year floodplain.

III.

Any channelization or other stream alteration activity proposed by a project proponent must be evaluated for its impact on the regulatory floodplain and be in compliance with all applicable Federal, State and local floodplain rules and regulations.

IV.

Any stream alteration activity shall be designed and sealed by a registered Colorado Professional Engineer or Certified Professional Hydrologist.

V.

All activities within the regulatory floodplain shall meet all applicable Federal, State and County floodplain requirements and regulations.

VI.

Within the Regulatory Floodway, stream alteration activities shall not be constructed unless the project proponent demonstrates through a Floodway analysis and report, sealed by a registered Colorado Professional Engineer, that there is not more than a 0.00-foot rise in the proposed conditions compared to existing conditions Floodway resulting from the project, otherwise known as a No-Rise Certification, unless the community first applies for a CLOMR and Floodway revision in accordance with Section 5-2805.

VII.

Maintenance shall be required for any altered or relocated portions of watercourses so that the flood-carrying capacity is not diminished.

5-2804E.

Properties Removed from the Floodplain by Fill

A Floodplain Development Permit shall not be issued for the construction of a new structure or addition to an existing structure on a property removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-F), unless such new structure or addition complies with the following:

I.

Residential Construction

The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), must be elevated to one (1) foot above the Base Flood Elevation that existed prior to the placement of fill.

II.

Nonresidential Construction

The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), must be elevated to one (1) foot above the Base Flood Elevation that existed prior to the placement of fill, or together with attendant utility and sanitary facilities be designed so that the structure or addition is watertight to at least one (1) foot above the base flood level that existed prior to the placement of fill with walls substantially impermeable to the passage of water and with structural components having the capacity of resisting hydrostatic and hydrodynamic loads of effects of buoyancy.

5-2804F.

Standards for Subdivision Proposals

I.

All subdivision proposals including the placement of manufactured home parks and subdivisions shall:

a.

Be reasonably safe from flooding. If a subdivision or other development proposal is in a flood-prone area, the proposal shall minimize flood damage;

b.

Meet Floodplain Development Permit requirements of Section 5-28;

c.

Have adequate drainage provided to reduce exposure to flood hazards; and

d.

Have public utilities and facilities such as sewer, gas electrical and water systems located and constructed to minimize or eliminate flood damage.

II.

Base flood Elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than fifty (50) lots or five (5) acres, whichever is lesser, if not otherwise provided pursuant to Section 5-28.

5-2804G.

Variance Procedures

The Board of County Commissioners shall hear and render judgment on requests for variances from the requirements of this ordinance.

I.

The Board shall consider all technical elevations, all relevant factors, and standards specified in other sections of this ordinance.

II.

Variances shall only be issued upon:

a.

A showing of 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 regulations.

III.

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 level, providing subsection I-VII in Section 5-2803 C and D have been fully considered. As the lot size increases beyond one-half acre, the technical justifications required for issuing the variance increases.

IV.

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.

V.

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

VI.

Prerequisites for Granting Variances

a.

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

b.

Variances shall only be issued upon:

i.

Showing a good and sufficient cause;

ii.

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

iii.

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.

c.

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a 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.

No person shall engage in development in any Floodway, Flood Fringe or Flood Prone District without a Floodplain Permit.

5-2805A.

Floodway District

Since the Floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions shall apply:

I.

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 by a licensed Colorado Professional Engineer and in accordance with standard engineering practice that the proposed encroachment would not result in any increase (requires a No-Rise Certification) in flood levels within the community during the occurrence of the base flood discharge.

II.

If Section 5-2805 A.I above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 5-2804 above.

III.

Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in Base Flood elevations, provided that the community first applies for a CLOMR and floodway revision through FEMA.

5-2805B.

Allowed Uses

Uses allowed in the Floodway, Flood Fringe and Flood Prone Districts:

I.

Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming and wild crop harvesting.

II.

Private and public recreational uses, such as golf courses, tennis courts, driving ranges, archery ranges, picnic ground, boat launching ramps, swimming areas, parks, wildlife and nature preserves, target ranges, shooting preserves, trap and skeet ranges, hunting and fishing areas, fish hatcheries, hiking and horseback riding trails, except that structures accessory to such uses shall not be located in the Floodway or Flood Prone Districts.

III.

Open area residential uses, such as lawns, gardens, parking areas and play areas.

5-2805C.

Uses by Special Review

All uses not listed under Allowed Uses or Prohibited Uses.

5-2805D.

Prohibited Uses

No development, encroachment, use or alteration in, on or over any part of the regulatory floodway shall be permitted which alone or cumulatively with other such uses would cause or result in:

I.

Human occupation of permanent or temporary structures, including but not limited to manufactured homes;

II.

Development or use of overnight campgrounds;

III.

Storing or processing of materials that are buoyant, flammable, explosive or have potential for injuring human, animal or plant life;

IV.

Development or operation of solid waste disposal sites and central water or sewage treatment facilities;

V.

Potential for significant solid debris or waste being carried downstream;

VI.

An encroachment that would have an adverse effect on the efficiency of the floodway, impair its ability to carry and discharge a 100-year flood, change the direction of flow or increase 100-year flood heights;

VII.

An increase in the water surface elevation of the 100-year flood; and/or,

VIII.

Expansion of any existing nonconforming use.

A Critical Facility is a structure or related infrastructure, but not the land on which it is situated, as specified in Rule 6 of the Rules and Regulations for Regulatory Floodplains in Colorado, that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, during and after a flood.

A.

Classification of Critical Facilities

It is the responsibility of San Miguel County to identify and confirm that specific structures in the County meet the following criteria:

Critical Facilities are classified under the following categories: (a) Essential Services; (b) Hazardous Material; (c) At-risk Populations; and (d) Vital to Restoring Normal Services.

I.

Essential services facilities include public safety, emergency response, emergency medical, designated emergency shelters, communications, public utility plant facilities, and transportation lifelines. These facilities consist of:

a.

Public safety (police stations, fire and rescue stations, emergency vehicle and equipment storage, and emergency operation centers);

b.

Emergency medical (hospitals, ambulance service centers, urgent care centers having emergency treatment functions, and non-ambulatory surgical structures but excluding clinics, doctor offices, and non-urgent care medical structures that do not provide these functions);

c.

Designated emergency shelters;

d.

Communications facilities (main hubs for telephone, broadcasting equipment for cable systems, satellite dish systems, cellular systems, television, radio, and other emergency warning systems, but excluding towers, poles, lines cables, and conduits);

e.

Public utility plant facilities for generation and distribution (hubs, treatment plants, substations and pumping stations for water, power and gas, but not including towers, poles, power lines, buried pipelines, transmission lines, distribution lines, and service lines); and

f.

Air transportation lifelines (airports, municipal and larger), helicopter pads and structures serving emergency functions, and associated infrastructure (aviation control towers, air traffic control centers, and emergency equipment aircraft hangars).

Specific exemptions to this category include wastewater treatment plants (WWPT), non-potable water treatment and distribution systems, and hydroelectric power generating plants and related appurtenances.

Public utility plant facilities may be exempted if it can be demonstrated to the satisfaction of San Miguel County that the facility is an element of a redundant system for which service will not be interrupted during a flood. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same utility or available through an intergovernmental agreement or other contract) and connected, the alternative facilities are either located outside of the 100-year floodplain or are compliant with the provisions of this section, and an operations plan is in effect that states how redundant systems will provide service to the affected area in the event of a flood. Evidence of ongoing redundancy shall be provided to San Miguel County on an as-needed basis upon request.

II.

Hazardous materials facilities include facilities that produce or store highly volatile, flammable, explosive, toxic and/or water-reactive materials.

These facilities may include:

a.

Chemical and pharmaceutical plants (chemical plant, pharmaceutical manufacturing);

b.

Laboratories containing highly volatile, flammable, explosive, toxic and/or water-reactive materials;

c.

Refineries;

d.

Hazardous waste storage and disposal sites; and

e.

Above ground gasoline or propane storage or sales centers.

Facilities shall be determined to be Critical Facilities if they produce or store materials in excess of threshold limits. If the owner of a facility is required by the Occupational Safety and Health Administration (OSHA) to keep a Material Safety Data Sheet (MSDS) on file for any chemicals stored or used in the work place, AND the chemical(s) is stored in quantities equal to or greater than the Threshold Planning Quantity (TPQ) for that chemical, then that facility shall be considered to be a Critical Facility. The TPQ for these chemicals is: either five hundred (500) pound or the TPQ listed (whichever is lower) for the three hundred fifty-six (356) chemicals listed under 40 C.F.R. § 302 (2010), also known as Extremely Hazardous Substances (EHS); or ten thousand (10,000) pounds for any other chemical. This threshold is consistent with the requirements for reportable chemicals established by the Colorado Department of Health and Environment. OSHA requirements for MSDS can be found in 29 C.F.R. § 1910 (2010). The Environmental Protection Agency (EPA) regulation "Designation, Reportable Quantities, and Notification," 40 C.F.R. § 302 (2010) and OSHA regulation "Occupational Safety and Health Standards," 29 C.F.R. § 1910 (2010) are incorporated herein by reference and include the regulations in existence at the time of the promulgation of this section, but exclude later amendments to or editions of the regulations.

Specific exemptions to this category include:

a.

Finished consumer products within retail centers and households containing hazardous materials intended for household use, and agricultural products intended for agricultural use.

b.

Buildings and other structures containing hazardous materials for which it can be demonstrated to the satisfaction of the local authority having jurisdiction by hazard assessment and certification by a qualified professional (as determined by the local jurisdiction having land use authority) that a release of the subject hazardous material does not pose a major threat to the public.

c.

Pharmaceutical sales, use, storage, and distribution centers that do not manufacture pharmaceutical products.

These exemptions shall not apply to buildings or other structures that also function as Critical Facilities under another category outlined in this section.

III.

At-risk population facilities include medical care, congregate care, and schools.

These facilities consist of:

a.

Elder care (nursing homes);

b.

Congregate care serving twelve (12) or more individuals (day care and assisted living);

c.

Public and private schools (pre-schools, K-12 schools), before-school and after-school care serving twelve (12) or more children);

IV.

Facilities vital to restoring normal services including government operations.

These facilities consist of:

a.

Essential government operations (public records, courts, jails, building permitting and inspection services, community administration and management, maintenance and equipment centers);

b.

Essential structures for public colleges and universities (dormitories, offices, and classrooms only).

These facilities may be exempted if it is demonstrated to San Miguel County that the facility is an element of a redundant system for which service will not be interrupted during a flood. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same entity or available through an intergovernmental agreement or other contract), the alternative facilities are either located outside of the 100-year floodplain or are compliant with this section, and an operations plan is in effect that states how redundant facilities will provide service to the affected area in the event of a flood. Evidence of ongoing redundancy shall be provided to San Miguel County on an as-needed basis upon request.

B.

Identification of Critical Facilities

It is the responsibility of San Miguel County, having land use authority, to identify and confirm that specific structures in the community meet the criteria outline in Section 5-2806 A and are deemed to be Critical Facilities. All structures that clearly meet the intent of Section 5-2806 shall be deemed Critical Facilities by the County. For those structures for which it is unclear or otherwise ambiguous if the criteria are met, the County shall have the sole discretion to determine if the structure is a Critical Facility. The County may regulate to higher standards or include additional facilities within the definition of Critical Facilities. Critical Facilities that are also designated as historic structures (determinations by the State Historic Preservation Office) are exempt from these requirements. Pursuant to Section 24-65.1-202(2)(a)(I)(A), C.R.S. (2010), open space activities such as agriculture, horticulture, floriculture, recreation, and mineral extraction, including oil and gas activities, shall be encouraged in the floodplain, and are exempt as Critical Facilities unless provisions within Section 5-2806 A.II apply.

Required identification of Critical Facilities shall be limited to owner-occupied structures. San Miguel County may, at its sole discretion, include leased facilities in its identification of Critical Facilities.

C.

Five Hundred (500) Year Flood Events

San Miguel County acknowledges that flooding does occur above and beyond 100-year (one percent (1%) annual chance) events. Applicants are encouraged to place development of Critical Facilities outside the 500-year floodplain, when possible.

D.

Protection for Critical Facilities

All new and substantially improved Critical Facilities and new additions to Critical Facilities located within the Special Flood Hazard Area shall be regulated to a higher standard than structures not determined to be Critical Facilities. Applicants shall consult with the County to determine the value of the Critical Facility when a Substantial change is being considered. This section shall be applied to a Use Change if the new use meets the provisions within Section 5-2806 A. This section shall only be applied to new Additions, and not the Critical Facility to the extent the Critical Facility existed prior to the amendment of these standards.

For the purposes of this section, protection shall include one (1) of the following:

I.

Location outside the Special Flood Hazard Area; or

II.

Elevation or floodproofing of the structure to at least two feet above the Base Flood Elevation. For Critical Facilities located within the 100-Year Floodplain, the structure shall be protected according to Section 5-2803 C.IV with the exception of a freeboard of two (2) feet substituted for the standard one-foot freeboard.

Unimproved lands associated with a Critical Facility that lie within a regulatory floodplain shall not be subject to this requirement until future development takes place on those lands. If an undeveloped portion of a facility's property lies within a regulatory floodplain, then that facility shall not be classified as a Critical Facility.

E.

Ingress and Egress for New Critical Facilities

New Critical Facilities shall, when practicable as determined by San Miguel County, have continuous non-inundated access (ingress and egress for evacuation and emergency services) during a 100-year flood event.

Applicants are encouraged to place development of Critical Facilities outside the 500-year floodplain if possible.

Accessory Use or Structure

A subordinate use or structure customarily incidental to the principal use or structure and which is located on the same lot with the principal use or building.

Addition

Any activity that expands the enclosed footprint or increases the horizontal square footage of an existing structure.

Administrator

The local administrative official responsible for administering and implementing this regulation as set forth in Section 5-2802 A.

Appeal

The request for a review of the Board of County Commissioners' interpretation of any provisions of this section or a request for a variance.

Applicant

Any person applying for a Floodplain Development Permit for development in an area affected by flooding.

Area of shallow flooding

A designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one (1) to three (3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.

Area of special flood hazard

The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year.

Base Flood

A flood having a one percent (1%) chance of being equaled or exceeded in any year. The term is used interchangeable with the intermediate regional flood, 100-year flood, and the one-percent flood.

Base Flood Elevation (BFE)

The elevation shown on a FEMA Flood Insurance Rate Map for Zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30, and VE that indicates the water surface elevation resulting from a flood that has a one percent (1%) chance of equaling or exceeding that level in any given year.

Basement

Any area of a building having its floor sub-grade (below ground level on all sides).

Board

"Board" means the Board of County Commissioners of San Miguel County.

Building Inspector

The person designated by the Board of Commissioners as the person responsible for enforcing the building code and zoning regulations, and the issuance of permits in regard to these codes.

Channel

The physical confine of stream or waterway consisting of a bed and stream banks existing in a variety of geometries.

Channelization

The artificial creation, enlargement or realignment of a stream channel.

Conditional Letter of Map Revision (CLOMR)

FEMA's comment on a proposed project, which does not revise an effective floodplain map, that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodplain.

Critical Facility or Critical Facilities

A structure or related infrastructure, but not the land on which it is situated, as specified in Section 5-2806, that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, during and after a flood.

Debris Fan Floodplain

A floodplain located on a debris fan. Debris fans are triangular-shaped landforms that form a deposition of water-transported rock fragments, soil, and vegetation debris at the confluence of tributary streams with a larger truck stream valley.

Designated Floodplain

The area identified, pursuant to Section 5-2801 F.II of this regulation, as a "designated" floodplain by official action of the Board of County Commissioners with the prior concurrence of the Colorado Water Conservation Board.

Development

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard.

Dry Wash Channel

Natural passageway or depressions of perceptible extent containing intermittent or low bas flow.

Dry Wash Floodplain

An area adjacent to a dry wash channel that is periodically subject to sudden water and debris flooding.

Elevated Building

Is a non-basement building (i) built, in the case of a building in Zone A1-30, AE, A A99, AO, AH, B, C, X, and D, to have the top of the elevated floor above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zone A1-30, AE, A, A99, AO, AH B, C, X and D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.

Existing Manufactured Home Park or Subdivision

A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by San Miguel County.

Expansion to an Existing Manufactured Home Park or Subdivision

The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or pouring of concrete pads).

"FEMA"

Is the Federal Emergency Management Agency, the agency responsible for administering the National Flood Insurance Program.

Five Hundred (500) Year Flood

A flood having a recurrence interval that has a 0.2-percent chance of being equaled or exceeded during any given year (0.2-percent-chance-annual-flood). The term does not imply that the flood will necessarily happen once every five hundred (500) years.

Five Hundred (500) Year Floodplain

The area of land susceptible to being inundated as a result of the occurrence of a five-hundred-year flood.

Flood or Flooding

A general and temporary condition of partial or complete inundation of normally dry land areas from (a) the overflow of streams, rivers, or other inland water, or (b) the unusual and rapid accumulation or runoff of surface waters from any source, or (c) mudslides or mudflows that occur from excess surface water that is combined with mud or other debris that is sufficiently fluid so as to flow over the surface of normally dry land areas (such as earth carried by a current of water and deposited along the path of the current).

Flood Fringe

Means that area of the floodplain that lies between the floodway and the boundary of the 100-year floodplain.

Flood Hazard Area

One (1) or more of the following: flood prone area, floodway area or flood fringe area.

Flood Insurance Rate Map (FIRM)

The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

Flood Insurance Study

The official report provided by the Federal Emergency Manage Agency that includes flood profiles, the Flood Insurance Rate Map and the water surface elevation of the base flood.

Floodplain

An area adjacent to a stream, which area is subject to flooding as the result of the occurrence of a base flood and which area thus is so adverse to past, current, or foreseeable construction or land use as to constitute a significant hazard to public health and safety or to property. The term includes, but is not limited to, (a) mainstream floodplains, (b) debris fan floodplains and (c) dry wash channels and dry wash floodplains.

Floodplain Development Permit

A permit required before construction or development begins within any Special Flood Hazard Area (SFHA). If FEMA has not defined the SFHA within a community, the community shall require permits for all proposed construction or other development in the community so that it may determine whether such construction or other development is proposed within flood-prone areas. Permits are required to ensure that proposed development projects meet the requirements of the NFIP and this floodplain management section. Such permits are issued by the Floodplain Administrator or Board of County Commissioners pursuant to these regulations.

Flood Prone Area

An area subject to flooding as a result of the occurrence of an intermediate regional flood, the water surface elevations of which have not been determined.

Floodproofing

A combination of structural provision, changes, or adjustments to lands, properties, and structures subject to flooding primarily for the reduction or elimination of flood damages to lands, properties, structures, and contents of buildings in a flood hazard area.

Floodway

The channel of a river or other watercourse and 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. The Colorado statewide standard for the designated height to be used for all newly studied reaches shall be one-half foot (six inches). Letters of Map Revision to existing floodway delineations may continue to use the floodway criteria in place at the time of the existing floodway delineation.

Freeboard

The vertical distance in feet above a predicted water surface elevation intended to provide a margin of safety to compensate for unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood such as debris blockage of bridge openings and the increased runoff due to urbanization of the watershed.

Highest Adjacent Grade

The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic Structure

Any structure that is:

I.

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;

II.

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;

III.

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

IV.

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.

Letter of Map Revision Based on Fill (LOMR-F)

FEMA's modification of the Special Flood Hazard Area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway.

Lowest Floor

The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this section.

Manufactured Home

A structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

Manufactured Home Park or Subdivision

A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

New Construction

Structures for which the "start of construction" commenced on or after the effective date of this section.

New Manufactured Home Park or Subdivision

A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by San Miguel County.

Non-conforming Use

Any structure, development or land use in existence on the effective date of these regulations and not permitted under the terms and provisions of these regulations.

No-Rise Certification

A record of the results of an engineering analysis conducted to determine whether a project will increase flood heights in a floodway. A No-Rise Certification must be supported by technical data and signed by a registered Colorado Professional engineer. The supporting technical data should be based on the standard step-backwater computer model used to develop the 100-year floodway shown on the Flood Insurance Rate Map (FIRM) or Flood Boundary and Floodway Map (FBFM).

One Hundred (100) Year Flood

An intermediate regional flood. A flood having a recurrence interval that has a one-percent chance of being equaled or exceeded during any given year (1-percent-annual-chance-flood). The terms "one-hundred-year flood" and "one percent chance flood" are synonymous with the term "100-year flood." The term does not imply that the flood will necessarily happen once every one hundred years.

One Hundred (100) Year Floodplain

The area of land susceptible to being inundated as a result of the occurrence of a one-hundred-year flood.

One Percent Flood

An intermediate regional flood.

Person

Any individual, partnership, corporation, association, company, or other public or corporate body, including the federal government, and includes any political subdivision, agency, instrumentality, or corporation of the state.

Recreational Vehicle

A vehicle designed and built either in a factory setting or by a private party, to be used primarily as a temporary living quarter for recreational, camping, travel or seasonal use and that either has its own motor power or is mounted on or towed by another vehicle, including camp trailers, fifth wheel trailers, motor homes, park models, travel trailers and truck campers. Non-factory produced housing units that are mounted on a chassis and have axels are also considered recreational vehicles.

Special Flood Hazard Area

The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year, i.e., the 100-year floodplain.

Start of Construction

Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footing, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds, not occupied as dwelling units or not part of the main structure.

Stream

Means any natural channel or depression through which water flows either continuously, intermittently or periodically, including any artificial modification of the natural channel or depression.

Structure

Means a walled and roofed building, including a gas or liquid storage tank that is principally above ground.

Substantial Damage

Damage of any origin sustained by a structure whereby the cost of restoring the structure to it's before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

Substantial Improvements

Any rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage" regardless of the actual repair work performed. The term does not, however, include either; (a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (b) Any alteration of a "historic structure."

Variance

A grant of relief from the requirements of this section, which permits construction in a manner that would otherwise be prohibited by this section.

Water Surface Elevation

The projected heights in relation to Mean Sea Level reached by floods of various magnitudes and frequencies in the floodplains of riverine areas.

EXHIBIT 2

FEMA Elevation Certificate and Instructions

The current edition of the FEMA National Flood Insurance Program Elevation Certificate and Instructions by Reference. Current Edition Available from the Planning Department or online at FEMA.gov.

(Res. No. 2024-53, 12-18-2024)