(1)   This subchapter regulates development in the flood hazard areas of the unincorporated areas of the county. These flood hazard areas are subject to periodic inundation, which may 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. It is the purpose of this subchapter to promote the public health, safety, and general welfare by minimizing these losses and disruptions.

      (3)   This chapter is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits, and enhance community and economic development.

(Ord. 88-2018, passed 11-20-18; Am. Ord. 97-2021, passed 7-20-21)

      (1)   The Floodway, Flood Fringe, and General Floodplain Districts are overlay districts that are superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this chapter. In case of a conflict, the more restrictive standards will apply.

      (2)   Where a conflict exists between the floodplain limits illustrated on the official floodplain maps and actual field conditions, the flood elevations shall be the governing factor in locating the regulatory floodplain limits.

      (3)   Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the Board of Adjustment and to submit technical evidence.

   (D)   Warning and disclaimer of liability. This subchapter does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This chapter does not create liability on the part of the county or its officers or employees for any flood damages that result from reliance on this subchapter or any administrative decision lawfully made hereunder.

(Ord. 88-2018, passed 11-20-18; Am. Ord. 97-2021, passed 7-20-21)

   (B)   Applicability. Where Floodway and Flood Fringe Districts are delineated on the floodplain maps, the standards in §§ 152.147 or 152.148 will apply, depending on the location of a property. Any watercourses identified as Zone A on the floodplain maps adopted in § 152.144(B) are considered to fall within the General Floodplain District. Within the General Floodplain District, the Floodway District standards in § 152.147 apply unless the floodway boundary is determined, according to the process outlined in § 152.149(B). Areas in and adjoining lakes, wetlands, and other basins shall be designated as either Floodway or Flood Fringe based on the procedures described in §§ 152.145(A)(1) and (A)(2).

(Ord. 47, passed 7-23-02; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 88-2018, passed 11-20-18; Am. Ord. 97-2021, passed 7-20-21)

      (1)   The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. Normal maintenance and repair also requires a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in this chapter;

      (2)   The construction of a dam, on-site septic system, or any fence not meeting the definition of farm fence, as defined;

      (3)   The change or extension of a nonconforming use;

      (4)   The repair of a structure that has been damaged by flood, fire, tornado, or any other source;

      (5)   The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain;

      (6)   Relocation or alteration of a watercourse (including new or replacement culverts and bridges), unless a public waters work permit has been applied for; and

      (7)   Any other type of development as defined in this chapter.

      (1)   Designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral

movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

      (2)   Constructed with materials and utility equipment resistant to flood damage;

      (3)   Constructed by methods and practices that minimize flood damage; and

      (4)   Constructed with electrical, heating, ventilation, ductwork, 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.

   (D)   The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited.

   (E)   Critical facilities, as defined, are to be located so that the lowest floor is not less than two feet above the regional flood elevation, or the 500-year flood elevation, whichever is higher.

(Ord. 88-2018, passed 11-20-18; Am. Ord. 97-2021, passed 7-20-21)

      (1)   General farming, pasture, grazing, farm fences, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting;

      (2)   Industrial-commercial loading areas, parking areas, and airport landing strips;

      (3)   Open space uses, including, but not limited to, private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails;

      (4)   Residential yards, lawns, gardens, parking areas, and play areas; and

      (5)   Railroads, streets, bridges, utility transmission lines and pipelines, provided that the Department of Natural Resources’ Area Hydrologist is notified at least ten days prior to issuance of any permit.

      (1)   The use shall have a low flood damage potential.

      (2)   The use shall not obstruct flood flows or involve structures, fill, obstructions, excavations or storage of materials or equipment. The use must not cause any increase in flood damages, nor any increase in flood elevations in areas where a floodway has been established, as certified by a registered professional engineer.

      (3)   Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood.

      (1)   Structures accessory to the primary uses listed in division (A) above and the primary uses listed below;

      (2)   Grading, extraction, fill, and storage of soil, sand, gravel, and other materials;

      (3)   Marinas, boat rentals, permanent docks, piers, wharves, water control structures, and navigational facilities;

      (4)   Storage yards for equipment, machinery, or materials;

      (5)   Fences that have the potential to obstruct flood flows;

      (6)   Structural works for flood control such as levees, dikes and floodwalls constructed to any height where the intent is to protect individual structures and levees or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the ten-year frequency flood event.

      (1)   A conditional use must not cause any increase in flood damages, nor any increase in flood elevations in areas where a floodway has been established, as certified by a registered professional engineer.

      (2)   Fill; storage of material and equipment.

         (a)    Fill, dredge spoil and all other similar materials deposited or stored in the floodplain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. Permanent sand and gravel operations and similar uses must be covered by a long-term site development plan.

         (b)   Temporary placement of fill, other materials, or equipment which would cause an increase to the stage of the 1% chance or regional flood may only be allowed after the County Board has approved an appropriate plan which assures the removal of the materials from the floodway based upon the flood warning time available. The conditional use permit must be title registered with the property in the Office of the County Recorder.

      (3)   Structural works for flood control that will change the course, current or cross- section of protected wetlands or public waters shall be subject to the provisions of M.S. § 103G.245, as it may be amended from time to time.

      (4)   A levee, dike or floodwall constructed in the floodway shall not cause an increase to the 1% chance or regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of a stream.

         (a)   Accessory structures shall not be designed for human habitation.

         (b)   Accessory structures will have a low flood damage potential.

         (c)   Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters.

         (d)   Accessory structures shall be elevated on fill or structurally dry flood proofed and watertight to the regulatory flood protection elevation. Certifications consistent with § 152.153(B)(2) shall be required.

         (e)   As an alternative, an accessory structure may be floodproofed in a way to accommodate internal flooding. To allow for the equalization of hydrostatic pressure, there shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding, have a net area of not less than one square inch for every square foot of enclosed area subject to flooding, and shall allow automatic entry and exit of floodwaters without human intervention. A floodproofing certificate consistent with § 152.153(B)(2) shall be required.

(Ord. 47, passed 7-23-02; Am. Ord. 88-2018, passed 11-20-18; Am. Ord. 97-2021, passed 7-20-21)

      (1)   All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one foot below the regulatory flood protection elevation and the fill shall extend at that elevation at least 15 feet beyond the outside limits of the structure erected thereon. Elevations must be certified by a registered professional engineer, land surveyor, or other qualified person designated by the community.

         (a)   The accessory structure constitutes a minimal investment and satisfies the development requirements in § 152.146(B).

         (b)   Any enclosed accessory structure shall not exceed 576 square feet in size, and only be used for parking and storage. Any such structure shall be designed and certified by a registered professional engineer, or be designed in accordance with the following floodproofing standards: to allow for the equalization of hydrostatic pressure, there shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding, having a net area of not less than one square inch for every square foot of enclosed area subject to flooding, and shall allow automatic entry and exit of floodwaters without human intervention.

      (3)   The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards, unless the fill is specifically intended to elevate a structure in accordance with division (B) of this section, or if allowed as a conditional use under division (C).

      (4)   All service utilities, including ductwork, must be elevated or watertight to prevent infiltration of floodwaters.

      (5)   All fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover, or other acceptable method.

      (6)   All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation, or must have a flood warning/emergency evacuation plan acceptable to the Department.

      (7)   Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood.

      (8)   Manufactured homes and recreational vehicles must meet the standards of § 152.152 of this chapter.

      (1)   The placement of floodproofed nonresidential basements below the regulatory flood protection elevation. Residential basements are not allowed below the regulatory flood protection elevation.

      (2)   The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with division (B)(1).

      (3)   The use of methods other than fill to elevate structures above the regulatory flood protection elevation. This includes the use of stilts, pilings, filled stem walls, or above-grade, internally flooded enclosed areas such as crawl spaces or tuck under garages, meeting the standards in division (D)(4).

      (1)   The standards for permitted uses in the flood fringe, listed in divisions (B)(4) through (8) apply to all conditional uses.

      (2)   All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be structurally dry floodproofed, which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A floodproofing certification consistent with § 152.153(B)(2) shall be required.

      (3)   The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan.

         (a)   The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (1% chance) flood event.

         (b)   The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the County Board.

         (c)   The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists.

      (4)   (a)   Alternative elevation methods other than the use of fill may be utilized to elevate a structure’s lowest floor above the regulatory flood protection elevation. The base or floor of an enclosed area shall be considered above-grade and not a structure’s basement or lowest floor if:

            1.   The enclosed area is above-grade on at least one side of the structure;

            2.   It is designed to internally flood; and

            3.   It is used solely for parking of vehicles, building access or storage.

         (b)   The above-noted alternative elevation methods are subject to the following additional standards:

            1.   Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood include a minimum of two openings on at least two sides of the structure. The bottom of all openings shall be no higher than one foot above grade, and have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice.

            2.   Floodproofing certifications consistent with § 152.153(B)(2) shall be required. The structure shall be subject to a deed-restricted non-conversion agreement with the issuance of any permit.

(Ord. 47, passed 7-23-02; Am. Ord. 88-2018, passed 11-20-18; Am. Ord. 97-2021, passed 7-20-21)

      (1)   The uses listed in § 152.147(A) shall be permitted uses, Floodway District uses are permitted uses.

      (2)   All other uses shall be subject to the floodway/flood fringe evaluation criteria pursuant to division (B) below. Section 152.147 shall apply if the proposed use is in the Floodway District and § 152.148 shall apply if the proposed use is determined to be in the Flood Fringe District.

         (a)   Estimate the peak discharge of the regional (1% chance) flood;

         (b)   Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas;

         (c)   Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than one-half-foot. A lesser stage increase than one-half-foot shall be required if, as a result of the additional stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries, unless development or geographic features warrant other analysis, as approved by the Department of Natural Resources.

      (3)   The Zoning Administrator will review the submitted information and assess the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary. The assessment must include the cumulative effects of previous floodway encroachments. The Zoning Administrator may seek technical assistance from an engineer or other expert person or agency, including the Department of Natural Resources. Based on this assessment, the Zoning Administrator may approve or deny the application.

      (4)   Once the Floodway and Flood Fringe District boundaries have been determined, the Zoning Administrator must process the permit application consistent with the applicable provisions of §§ 152.147 and 152.148.

(Ord. 47, passed 7-23-02; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 88-2018, passed 11-20-18; Am. Ord. 97-2021, passed 7-20-21)

   No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply, or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this chapter.

   (A)   All lots within the floodplain districts must be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation.

   (B)   All subdivisions must have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the regional (1% chance) flood has been approved by the Department or County Board. The plan must be prepared by a registered engineer or other qualified individual, and must demonstrate that adequate time and personnel exist to carry out the evacuation.

   (C)   For all subdivisions in the Floodplain, the Floodway, and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads must be clearly labeled on all required subdivision drawings and platting documents.

   (D)   In the General Floodplain District, applicants must provide the information required in § 152.149(B) to determine the regional flood elevation, the Floodway and Flood Fringe District boundaries, and the regulatory flood protection elevation for the subdivision site.

   (E)   Subdivision proposals must be reviewed to assure that:

      (1)   All such proposals are consistent with the need to minimize flood damage within the flood

prone area;

      (2)   All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and

      (3)   Adequate drainage is provided to reduce exposure of flood hazard.

(Ord. 88-2018, passed 11-20-18; Am. Ord. 97-2021, passed 7-20-21)

(Ord. 88-2018, passed 11-20-18; Am. Ord. 97-2021, passed 7-20-21)

      (1)   New and replacement manufactured homes must be elevated in compliance with Section § 152.148 of this chapter and must be securely anchored to a system that resists flotation, collapse, and 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 or local anchoring requirements for resisting wind forces.

      (2)   New manufactured home parks and expansions to existing manufactured home parks must meet the appropriate standards for subdivisions in § 152.150. New or replacement manufactured homes in existing manufactured home parks must meet the vehicular access requirements for subdivisions in § 152.150(B).

      (1)   Meet the requirements for manufactured homes in division (A); or

      (2)   Be travel ready, meeting the following criteria:

         (a)   The vehicle must have a current license required for highway use;

         (b)   The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks;

         (c)   No permanent structural type additions may be attached to the vehicle; and

         (d)   Accessory structures may be permitted in the Flood Fringe District, provided that they constitute a minimal investment, do not hinder the removal of the vehicle should flooding occur, and meet the standards outlined in §§ 152.146(B) and 152.148(B).

(Ord. 88-2018, passed 11-20-18; Am. Ord. 97-2021, passed 7-20-21)

         (a)   A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the permit;

         (b)   Location of fill or storage of materials in relation to the stream channel;

         (c)   Copies of any required municipal, county, state, or federal permits or approvals; and

         (d)   Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the permit application.

         (a)   All certifications referenced in division (B) as applicable; and

         (b)   Elevations complying with § 152.148(B)(1). The Zoning Administrator must also maintain a record of the elevation to which structures and alterations to structures are constructed or floodproofed.

         (a)   Variances must not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result;

         (b)   Variances may only be issued by a community upon:

            1.   A showing of good and sufficient cause;

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

            3.   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/codes;

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

         (a)   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 for $100 of insurance coverage; and

         (b)   Such construction below the base or regional flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions.

         (a)   The potential danger to life and property due to increased flood heights or velocities caused by encroachments;

         (b)   The danger that materials may be swept onto other lands or downstream to the injury of others;

         (c)   The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination, and unsanitary conditions;

         (d)   The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner;

         (e)   The importance of the services to be provided by the proposed use to the community;

         (f)   The requirements of the facility for a waterfront location;

         (g)   The availability of viable alternative locations for the proposed use that are not subject to flooding;

         (h)   The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;

         (i)   The relationship of the proposed use to the comprehensive land use plan and floodplain management program for the area;

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

         (k)   The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site.

         (a)   Limitations on period of use, occupancy, and operation;

         (b)   Imposition of operational controls, sureties, and deed restrictions; and

         (c)   Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures.

(Ord. 88-2018, passed 11-20-18; Am. Ord. 97-2021, passed 7-20-21)

   (A)   A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in division (B) below. Expansion or enlargement of uses, structures, or occupancies within the Floodway District is prohibited.

   (B)   Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (for example, FP1 through FP4 floodproofing classifications) allowable in the State Building Code, except as further restricted in division (D) below.

   (C)   If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this subchapter.

   (D)   If any structure experiences a substantial improvement as defined in this chapter, then the entire structure must meet the standards of §§ 152.147 or 152.148 for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. If the current proposal, including maintenance and repair during the previous 365 days, plus the costs of any previous alterations and additions since the first Flood Insurance Rate Map exceeds 50% of the market value of any nonconforming structure, the entire structure must meet the standards of §§ 152.147 or 152.148.

   (E)   If any nonconformity is substantially damaged as defined in this chapter, it may not be reconstructed except in conformity with the provisions of this chapter. The applicable provisions for establishing new uses or new structures in §§ 152.147 or 152.148 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively.

   (F)   If any nonconforming use or structure experiences a repetitive loss, as defined in § 152.010, it must not be reconstructed except in conformity with the provisions of this subchapter.

(Ord. 88-2018, passed 11-20-18; Am. Ord. 97-2021, passed 7-20-21)

(Ord. 88-2018, passed 11-20-18; Am. Ord. 97-2021, passed 7-20-21)

(Ord. 88-2018, passed 11-20-18; Am. Ord. 97-2021, passed 7-20-21)