Alameda County Municipal Code Art. III Authority and Powers of the Floodplain Administrator

The director of public works is designated the floodplain administrator. The floodplain administrator may delegate performance of certain tasks to other employees.

(Ord. No. 2018-53, § 2, 10-2-18)

The floodplain administrator is authorized and directed to administer the provisions of these regulations. The floodplain administrator shall have the authority to render interpretations of these regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the building code.

(Ord. No. 2018-53, § 2, 10-2-18)

The floodplain administrator shall coordinate with the building official to administer and enforce the flood provisions of the building code, including Appendix G.

(Ord. No. 2018-53, § 2, 10-2-18)

The floodplain administrator shall be authorized to implement these regulations, including, but not limited to, the performance of the following tasks:

A. Causing building permit applications to be reviewed for a determination of whether proposed development is located in flood hazard areas established in Article II of these regulations.

B. Requiring development in flood hazard areas to be reasonably safe from flooding and to be designed and constructed with methods, practices and materials that minimize flood damage.

C. Interpreting flood hazard area boundaries and providing available flood elevation and flood hazard information.

D. Determining whether additional flood hazard data shall be obtained or developed.

E. Establishing, in coordination with the building official, written procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 15.40.170 of these regulations.

F. Reviewing requests submitted to the building official that seek approval to modify the strict application of the flood load and flood resistant construction requirements of the building code, to determine whether such requests require consideration as a variance pursuant to Appendix G.

G. Requiring applicants who submit hydrologic and hydraulic engineering analyses in support of applications for development to submit to FEMA the data and information necessary to maintain the flood insurance rate maps if those analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six months of such data becoming available. The floodplain administrator shall have the authority to require that such submissions, and FEMA's tentative approval of any proposed change to base flood elevations, flood hazard area boundaries, or floodway designations, be a condition of approval of any application for development in a flood hazard area.

H. Requiring applicants who propose alteration of a waterway to notify all agencies and jurisdictions having authority, including the NFIP State Coordinating Agency, and to submit copies of such notifications to FEMA.

I. Notifying the Federal Emergency Management Agency when the boundaries of [the] county have been modified.

J. Assuring that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.

K. Prohibiting man-made alteration of sand dunes and mangrove stands within Zones V1-30, VE, and V on the community's FIRM which would increase potential flood damage.

(Ord. No. 2018-53, § 2, 10-2-18; Ord. No. 2026-12, § 1, 4-21-26)

It shall be the responsibility of the floodplain administrator to assure that approval of a proposed development shall not be given until proof that necessary permits have been granted by federal or state agencies having jurisdiction over such development.

(Ord. No. 2018-53, § 2, 10-2-18)

For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the floodplain administrator, in coordination with the building official, shall:

A. Estimate the market value, or require the applicant to obtain a professional appraisal prepared by a qualified independent appraiser, of the market value of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made;

B. Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, and the cost of any other improvements and repairs for which permits were issued by the building official during the period twelve (12) years prior to the receipt of application, to the market value of the building or structure;

C. Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage in accordance with the current FEMA guidelines; and

D. Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required.

(Ord. No. 2018-53, § 2, 10-2-18)

In addition to the requirements of the building code and Appendix G, the floodplain administrator shall maintain and keep and make available for public inspection all records that are necessary for the administration of these regulations and the flood provisions of the building codes, including flood insurance rate maps; documents from FEMA that amend or revise FIRMs; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the building codes and these regulations; notifications to adjacent communities, FEMA, and the state related to alterations of waterways; assurance that the flood carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for their issuance; and records of enforcement actions taken pursuant to these regulations and the flood resistant provisions of the building codes.

(Ord. No. 2018-53, § 2, 10-2-18)

The floodplain administrator and any employee charged with the enforcement of these regulations, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by these regulations or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties.

(Ord. No. 2018-53, § 2, 10-2-18)