ORDINANCE NO. 2006-4
DAMAGE PREVENTION ORDINANCE
AN ORDINANCE OF BOUNDARY COUNTY, IDAHO, SETTING
FORTH ITS AUTHORITY TO ESTABLISH A “FLOOD DAMAGE PREVENTION ORDINANCE” TO
INCLUDE STATUTORY AUTHORIZATION, FINDINGS OF FACT, STATEMENT OF PURPOSE,
DEFINITIONS, GENERAL PROVISIONS, ADMINISTRATION, PROVISIONS FOR FLOOD HAZARD
REDUCTION, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS: Section 65-6511, Idaho Code, does require that
governing boards adopt zoning ordinances and to establish standards in each of
the various zone districts, including the Flood Plain Overlay Zone; and
WHEREAS: Idaho Code 67-6523 provides authority for the Board
of Boundary County Commissioners, acting as governing board on planning and
zoning matters, to enact emergency ordinance provisions when a finding of
imminent peril to the public health, safety or welfare is made; and
WHEREAS: Officials from the Federal Emergency Management
Agency have informed Boundary County that current Floodplain Overlay provisions
contained in Ordinance 99-06, the Boundary County Zoning and Subdivision
Ordinance, are insufficient to protect human life and health and to minimize
damage from potential flood events; and
WHEREAS: Failure to adopt flood damage prevention ordinances
to standards established by the Federal Emergency Management Agency will result
in Boundary County becoming ineligible for participation in the National Flood
Insurance Program; and
WHEREAS: Boundary County Commissioners find that failure to
adopt flood damage prevention ordinances in compliance with Federal Emergency
Management Agency standards poses imminent peril to the health, safety and
welfare to the citizens of Boundary County; and
WHEREAS: It is necessary in the interest of public health,
safety and general welfare that the creation of Federal Emergency Management
Agency-compliant Flood Damage Prevention Ordinance:
BE IT ORDAINED by
the Board of County Commissioners of Boundary County, Idaho, that Chapter 7,
Section 8, Boundary County Zoning and Subdivision Ordinance, is hereby repealed
and made null, and the following be and is hereby adopted as an ordinance of
THIS 27th DAY OF MARCH, 2006:
of the Board of County Commissioners
DAMAGE PREVENTION ORDINANCE
Legislature of the State of Idaho has, in Title 67, Chapter 65, delegated the
responsibility to local governmental units to adopt regulations designed to
promote the public health, safety, and general welfare of its citizenry.
Therefore, Boundary County, Idaho does ordain as follows:
FINDINGS OF FACT
flood hazard areas of Boundary County are subject to periodic inundation which
results in loss of life and property, health, and safety hazards, disruption of
commerce and governmental services, extraordinary public expenditures for flood
protection and relief, and impairment of the tax base, all of which adversely
affect the public health, safety, and general welfare.
flood losses are caused by the cumulative effect of obstructions in areas of
special flood hazards, which increase flood heights and velocities, and when
inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated, or
otherwise protected from flood damage also contribute to the flood loss.
STATEMENT OF PURPOSE
is the purpose of this ordinance to promote the public health, safety, and
general welfare, and to minimize public and private losses due to flood
conditions in specific areas by provisions designed:
order to accomplish its purposes, this ordinance includes methods and provisions
specifically defined below, words or phrases used in this ordinance shall be
interpreted, so as to give them the meaning they have in common usage and to
give this ordinance its most reasonable application.
STRUCTURES” means low cost buildings that do not exceed 1,000 square
feet, such as detached garages, boathouses, small pole barns and storage sheds
not to be used for human habitation shall be constructed and placed on the
building site so as to offer minimum resistance to the flow of floodwaters; and
shall be anchored to prevent floatation which may result in damage to other
structures; service utilities such as electrical and heating equipment shall be
elevated or flood-proofed.
means a request for a review of the interpretation of any provision of this
ordinance or a request for a variance.
OF SHALLOW FLOODING” means a designated AO, or AH Zone on the Flood Insurance Rate Map
(FIRM). The base flood depths range
from one to three feet; a clearly defined channel does not exist; the path of
flooding is unpredictable and indeterminate; and, velocity flow may be evident.
AO is characterized as sheet flow and AH indicates ponding.
OF SPECIAL FLOOD HAZARD” means the land in the flood plain within a community subject to a one
percent or greater chance of flooding in any given year.
Designation on maps always includes the letters A or V.
means the flood having a one percent chance of being equaled or exceeded in any
given year. Also referred to as the
“100-year flood.” Designation
on maps always includes the letters A or V.
means any area of the building having its floor subgrade (below ground level) on
is an enclosed area below the base flood elevation and as such, must have
openings that equalize hydrostatic pressures by allowing for the automatic entry
and exist of floodwaters.
means a facility for which even a slight chance of flooding might be too great.
Critical facilities include but are not limited to schools, nursing
homes, hospitals, police, fire and emergency response installations,
installations which produce, use or store hazardous materials or hazardous
means 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.
means for insurance purposes, a non-basement building which has its lowest
elevated floor raised above ground level by foundation walls, shear walls, post,
piers, pilings, or columns.
MANUFACTURED HOME PARK OR SUBDIVISION” means a manufactured home park 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 adopted floodplain
TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION”
means 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 the pouring of concrete pads).
means a general and temporary condition of partial or complete inundation of
normally dry land areas from the overflow of inland or tidal waters and/or the
unusual and rapid accumulation of runoff of surface waters from any source.
INSURANCE RATE MAP (FIRM)” means the official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk premium
zones applicable to the community.
INSURANCE STUDY” means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Boundary-Floodway Map,
and the water surface elevation of the base flood.
means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one foot.
means 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 ordinance found at Section 5.2-1(2).
means a structure, transportable in one 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
HOME PARK OR SUBDIVISION” means a parcel (or contiguous parcels) of land divided into two or more
manufactured home lots for rent or sale.
means structures for which the “start of construction” commenced on or after
the effective date of this ordinance.
MANUFACTURED HOME PARK OR SUBDIVISION” means 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 on or after the effective date of adopted
floodplain management regulations.
means a vehicle, which is:
flood-related damages sustained by a structure on two separate occasions during
a 10-year period for which the cost of repairs at the time of each such flood
event, on the average, equals or exceeds 25 percent of the market value of the
structure before damage occurred.
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 180 days of the permit
date. The actual start means either
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,
footings, 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.
For a substantial improvement, the actual start of construction means the
first alteration of any wall, ceiling, floor, or other structural part of a
building, whether or not that alteration affects the external dimensions of the
means a walled and roofed building including a gas or liquid storage tank that
is principally above ground.
means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed 50
percent of the market value of the structure before the damage occurred.
means any repair, reconstruction, or improvement of a structure, the cost of
which equals or exceeds 50 percent of the market value of the structure either:
term does not, however, include either:
means a grant of relief from the requirements of this ordinance which permits
construction in a manner that would otherwise be prohibited by this ordinance.
means a structure for commerce or industry which cannot exist in any other
location and is dependent on the water by reason of the intrinsic nature of its
LANDS TO WHICH THIS ORDINANCE APPLIES
ordinance shall apply to all areas of special flood hazards within the
jurisdiction of Boundary County, Idaho.
BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
areas of special flood hazard identified by the Federal Insurance Administration
in a scientific and engineering report entitled “The Flood Insurance Study for
the unincorporated areas of Boundary
County, Idaho,” dated August 2, 1982, and any revisions thereto, with
accompanying Flood Insurance Maps, and any revisions thereto, are hereby adopted
by reference and declared to be a part of this ordinance.
The Flood Insurance Study is on file at the Boundary County Planning and
Zoning Office. The best available
information for flood hazard area identification as outlined in Section 4.3-2
shall be the basis for regulation until a new FIRM is issued which incorporates
the data utilized under section 4.3-2.
PENALTIES FOR NONCOMPLIANCE
structure or land shall hereafter be constructed, located, extended, converted,
or altered without full compliance with the terms of this ordinance and other
applicable regulations. Violations
of the provisions of this ordinance by failure to comply with any of its
requirements (including violations of conditions and safeguards established in
connection with conditions) shall constitute a misdemeanor.
Any person who violates this ordinance or fails to comply with any of its
requirements shall upon conviction thereof be fined not more than $300 or
imprisoned for not more than six months, or both, for each violation, and in
addition shall pay all costs and expenses involved in the case.
Nothing herein contained shall prevent Boundary County, Idaho, from
taking such other lawful action as is necessary to prevent or remedy any
ABROGATION AND GREATER RESTRICTIONS
ordinance is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However,
where this ordinance and another ordinance, easement, covenant, or deed
restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
the interpretation and application of this ordinance, all provisions shall be:
WARNING AND DISCLAIMER OF LIABILITY
degree of flood protection required by this ordinance 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 ordinance 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 ordinance shall
not create liability on the part of Boundary County, Idaho, any officer or
employee thereof, or the Federal Insurance Administration, for any flood damages
that result from reliance on this ordinance or any administrative decision
lawfully made hereunder.
ESTABLISHMENT OF DEVELOPMENT PERMIT
Development Permit Required
development permit shall be obtained before construction or development begins
within any area of special flood hazard established in Section 3.2.
The permit shall be for all structures including manufactured homes, as
set forth in the “DEFINITIONS,” and for all development including fill and
other activities, also as set forth in the “DEFINITIONS.”
Application for Development Permit
for a development permit shall be made on forms furnished by the Planning and
Zoning office 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.
Specifically, the following information is required:
DESIGNATION OF THE LOCAL ADMINISTRATOR
Boundary County Planning and Zoning Administrator is hereby appointed to
administer and implement this ordinance by granting or denying development
permit applications in accordance with its provisions.
DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR
of the local administrator shall
include, but not be limited to:
Use of Other Base Flood Data (In A Zones)
base flood elevation data has not been provided (A Zones) in accordance with
Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the local
administrator shall obtain, review, and reasonably utilize any base flood
elevation and floodway data available from a Federal, State or other source, in
order to administer Sections 5.2, SPECIFIC STANDARDS, and 5.3 FLOODWAYS.
Information to be Obtained and Maintained
Alteration of Watercourses
Interpretation of FIRM Boundaries
interpretations where needed, as to exact location of the boundaries of the
areas of special flood hazards (for example, where there appears to be a
conflict between a mapped boundary and actual field conditions).
The person contesting the location of the boundary shall be given a
reasonable opportunity to appeal the interpretation as provided in Section 4.4.
Conditions for Variances
FOR FLOOD HAZARD REDUCTION
all areas of special flood hazards, the following standards are required:
AH Zone Drainage
drainage paths are required around structures on slopes to guide floodwaters
around and away form proposed structures.
Construction Materials and Methods
Review of Building Permits
elevation data is not available either through the Flood Insurance Study, FIRM,
or from another authoritative source (Section 4.3-2), applications for building
permits shall be reviewed to assure that proposed construction will be
reasonably safe from flooding. The
test of reasonableness is a local judgment and includes use of historical data,
high water marks, photographs of past flooding, etc., where available.
Failure to elevate at least two feet above grade in these zones may
result in higher insurance rates.
all areas of special flood hazards where base flood elevation data has been
provided (Zones A1-30, AH, and AE) as set forth in Section 3.2, BASIS FOR
ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD or Section 4.3-2, Use of Other
Base Flood Data (In A Zones), the following provisions are required:
construction and substantial improvement of any commercial, industrial or other
nonresidential structure shall either have the lowest floor, including basement,
elevated at or above the base flood elevation; or, together with attendant
utility and sanitary facilities, shall:
shall be elevated on a permanent foundation such that
the lowest floor of the manufactured home is elevated at or above the base flood
elevation and be securely anchored to an adequately designed foundation system
to resist flotation, collapse and lateral movement.
vehicles placed on sites are required to either:
BEFORE REGULATORY FLOODWAY
areas where a regulatory floodway has not been designated, no new construction,
substantial improvements, or other development (including fill) shall be
permitted within Zones A1-30 and AE on the community’s FIRM, unless it is
demonstrated that the cumulative
effect of the proposed development, when combined with all other existing and
anticipated development, will not increase the water surface elevation of the
base flood more than one foot at any point
within the community.
within areas of special flood hazard established in Section 3.2 are areas
designated as floodways. Since the
floodway is an extremely hazardous area due to the velocity of floodwaters which
carry debris, potential projectiles, and erosion potential, the following
STANDARDS FOR SHALLOW FLOODING AREAS (AO ZONES)
flooding areas appear on FIRMs as AO zones with depth designations.
The base flood depths in these zones range from 1 to 3 feet above ground
where a clearly defined channel does not exist, or where the path of flooding is
unpredictable and where velocity flow may be evident.
Such flooding is usually characterized as sheet flow.
In these areas, the following provisions apply:
of new critical facilities shall be, to the extent possible, located outside the
limits of the Special Flood Hazard Area (SFHA) (100-year floodplain).
Construction of new critical facilities shall be permissible within the
SFHA if no feasible alternative site is available.
Critical facilities constructed within the SFHA shall have the lowest
floor elevated three feet or to the height of the 500-year flood, whichever is
higher. Access to and from the
critical facility should also be protected to the height utilized above.
Floodproofing and sealing measures must be taken to ensure that toxic
substances will not be displaced by or released into floodwaters.
Access routes elevated to or above the level of the base flood elevation
shall be provided to all critical facilities to the extent possible.