Article II — GENERAL PROVISIONS

This chapter shall apply to all areas of special flood hazards within the jurisdiction of Modoc County.

(Ord. No. 340, Exh. A, 12-9-2008)

18.71.070 - Basis for establishing the areas of special flood hazard.

The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the "Flood Insurance Study (FIS) for Modoc County, dated September 24, 1984, with accompanying flood insurance rate maps (FIRMs) and flood boundary and floodway map (FBFMs), dated September 24, 1984, and as all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This information is on file and may be viewed at the Modoc County Planning Department, 203 West 4th Street, Alturas.

(Ord. No. 340, Exh. A, 12-9-2008)

No structure or land shall be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. The board of supervisors shall take lawful action as is necessary to prevent or remedy any violation.

(Ord. No. 340, Exh. A, 12-9-2008)

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. No. 340, Exh. A, 12-9-2008)

In the interpretation and application of this chapter, all provisions shall be:

A.

Considered as minimum requirements;

B.

Liberally construed in favor of the governing body; and

C.

Deemed neither to limit nor repeal any other powers granted under state statutes.

(Ord. No. 340, Exh. A, 12-9-2008)

The degree of flood protection required by this chapter 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 manmade or natural causes. This chapter 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 chapter shall not create liability on the part of board of supervisors, any officer or employee thereof, the State of California, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

(Ord. No. 340, Exh. A, 12-9-2008)

18.71.120 - Severability.

This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(Ord. No. 340, Exh. A, 12-9-2008)

ARTICLE III - ADMINISTRATION

The planning director is hereby appointed to administer, implement, and enforce this chapter by granting or denying development permits in accord with its provisions.

(Ord. No. 340, Exh. A, 12-9-2008)

18.71.140 - Duties and responsibilities of the floodplain administrator.

The duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following:

A.

Permit review. Review all development permits to determine:

1.

Permit requirements of this chapter have been satisfied, including determination of substantial improvement and substantial damage of existing structures;

2.

All other required state and federal permits have been obtained;

3.

The site is reasonably safe from flooding;

4.

The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. This means 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 County of Modoc; and

5.

All letters of map revision (LOMRs) for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the "Start of construction" definition.

B.

Development of substantial improvement and substantial damage procedures.

1.

Using FEMA publication FEMA 213, "Answers to Questions About Substantially Damaged Buildings," develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining "Market value."

2.

Assure procedures are coordinated with other departments/divisions and implemented by community staff.

C.

Review, use and development of other base flood data. When base flood elevation data has not been provided in accordance with section 18.71.070, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer article IV.

NOTE: A base flood elevation may be obtained using one of two methods from the FEMA publication, FEMA 265, "Managing Floodplain Development in Approximate Zone A Areas—A Guide for Obtaining and Developing Base (100-year) Flood Elevations," dated July 1995.

D.

Notification of other agencies.

1.

Alteration or relocation of a watercourse:

a.

Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;

b.

Submit evidence of such notification to the Federal Emergency Management Agency; and

c.

Assure that the flood-carrying capacity within the altered or relocated portion of said watercourse is maintained.

2.

Base Flood Elevation changes due to physical alterations:

a.

Within six months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR).

b.

All LOMRs for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood-control project and land preparation as specified in the "Start of construction" definition.

Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.

3.

Changes in corporate boundaries: Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.

E.

Documentation of floodplain development. Obtain and maintain for public inspection and make available, as needed the following:

1.

Certification required by subsection 18.71.170C.1. and section 18.71.200 (lowest floor elevations);

2.

Certification required by subsection 18.71.170C.2. (elevation or floodproofing of nonresidential structures);

3.

Certification required by subsection 18.71.170C.3. (wet floodproofing standard);

4.

Certification of elevation required by subsection 18.71.190A.3. (subdivisions and other proposed development standards);

5.

Certification required by subsection 18.71.220B. (floodway encroachments); and

6.

Maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.

F.

Map determination. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, 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 18.71.160.

G.

Remedial action. Take action to remedy violations of this chapter as specified in section 18.71.080.

H.

Biennial report. Complete and submit biennial report to FEMA.

I.

Planning. Assure that the general plan is consistent with floodplain management objectives herein.

(Ord. No. 340, Exh. A, 12-9-2008)

A development permit shall be obtained before any construction or other development, including manufactured homes, within any area of special flood hazard established in section 18.71.070. Application for a development permit shall be made on forms furnished by the Modoc County Planning Department. The applicant shall provide the following minimum information:

A.

Plans in duplicate, drawn to scale, showing:

1.

Location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location;

2.

Proposed locations of water supply, sanitary sewer, and other utilities;

3.

Grading information showing existing and proposed contours, any proposed fill, and drainage facilities;

4.

Location of the regulatory floodway when applicable;

5.

Base flood elevation information as specified in section 18.71.070 or subsection 18.71.140C.;

6.

Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; and

7.

Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in subsection 18.71.170C.2. of this chapter and detailed in FEMA Technical Bulletin, TB 3-93.

B.

Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodproofing criteria in subsection 18.71.170C.2.

C.

For a crawl-space foundation, location and total net area of foundation openings as required in subsection 18.71.170C.3. of this chapter and detailed in FEMA Technical Bulletins 1-93 and 7-93.

D.

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

E.

All appropriate certifications listed in subsection 18.71.140E. of this chapter.

(Ord. No. 340, Exh. A, 12-9-2008)

18.71.160 - Appeals.

Appeals shall be heard by the planning commission as outlined in chapter 18.144 of this ordinance [Code] when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this chapter.

(Ord. No. 340, Exh. A, 12-9-2008)

ARTICLE IV. - PROVISIONS FOR FLOOD HAZARD REDUCTION

In all areas of special flood hazards the following standards are required:

A.

Anchoring. All new construction and substantial improvements of structures, including manufactured homes, shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

B.

Construction materials and methods. All new construction and substantial improvements of structures, including manufactured homes, shall be constructed:

1.

With flood-resistant materials and utility equipment resistant to flood damage for areas below the base flood elevation;

2.

Using methods and practices that minimize flood damage;

3.

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; and

4.

Within zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

C.

Elevation and floodproofing.

1.

Residential construction. All new construction or substantial improvements of residential structures shall have the lowest floor, including basement:

a.

In AE, AH, A1-30 zones, elevated to or above the base flood elevation.

b.

In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least two feet above the highest adjacent grade if no depth number is specified.

c.

In an A zone, without BFEs specified on the FIRM (unnumbered A zone), elevated to or above the base flood elevation; as determined under subsection 18.71.140C.

Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or licensed land surveyor, and verified by the Modoc County Building Inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

2.

Nonresidential construction. All new construction or substantial improvements of nonresidential structures shall either be elevated to conform with subsection C.1. or:

a.

Be floodproofed, together with attendant utility and sanitary facilities, below the elevation recommended under subsection C.1., so that the structure is watertight with walls substantially impermeable to the passage of water;

b.

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

c.

Be certified by a registered civil engineer or architect that the standards of subsections C.2.a. and b. are satisfied. Such certification shall be provided to the floodplain administrator.

3.

Flood openings. All new construction and substantial improvements of structures with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, 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 floodwater. Designs for meeting this requirement must meet the following minimum criteria:

a.

For nonengineered openings:

(1)

Have a minimum of two openings on different sides having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

(2)

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

(3)

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

(4)

Buildings with more than one enclosed area must have openings on exterior walls for each area to allow floodwater to directly enter.

b.

Be certified by a registered civil engineer or architect.

4.

Manufactured homes.

a.

See section 18.71.200.

5.

Garages and low cost accessory structures.

a.

Attached garages.

(1)

A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry of floodwaters. See subsection C.3. Areas of the garage below the BFE must be constructed with flood-resistant materials. See subsection B.

(2)

A garage attached to a nonresidential structure must meet the above requirements or be dry floodproofed. For guidance on below grade parking areas, see FEMA Technical Bulletin TB-6.

b.

Detached garages and accessory structures.

(1)

"Accessory structures" used solely for parking (two-car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in section 18.71.050, may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements:

Use of the accessory structure must be limited to parking or limited storage:

(a)

The portions of the accessory structure located below the BFE must be built using flood-resistant materials;

(b)

The accessory structure must be adequately anchored to prevent flotation, collapse and lateral movement;

(c)

Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to or above the BFE;

(d)

The accessory structure must comply with floodplain encroachment provisions in section 18.71.220; and

(e)

The accessory structure must be designed to allow for the automatic entry of floodwaters in accordance with subsection C.3.

(2)

Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in [this] section.

(Ord. No. 340, Exh. A, 12-9-2008)

A.

All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

1.

Infiltration of floodwaters into the systems; and

2.

Discharge from the systems into floodwaters.

B.

Onsite waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.

(Ord. No. 340, Exh. A, 12-9-2008)

A.

All new subdivisions proposals and other proposed development, including proposals for manufactured home parks and subdivisions, greater than 50 lots or five acres, whichever is the lesser, shall:

1.

Identify the special flood hazard areas (SFHA) and base flood elevations (BFE).

2.

Identify the elevations of lowest floors of all proposed structures and pads on the final plans.

3.

If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a letter of map revision based on fill (LOMR-F) to the floodplain administrator:

a.

Lowest floor elevation.

b.

Pad elevation.

c.

Lowest adjacent grade.

B.

All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage.

C.

All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

D.

All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards.

(Ord. No. 340, Exh. A, 12-9-2008)

A.

All manufactured homes that are placed or substantially improved, on sites located: (1) outside of a manufactured home park or subdivision; (2) in a new manufactured home park or subdivision; (3) in an expansion to an existing manufactured home park or subdivision; or (4) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall:

1.

Within zones A1-30, AH, and AE on the community's flood insurance rate map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

B.

All manufactured homes to be 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 flood insurance rate map that are not subject to the provisions of subsection A. will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:

Lowest floor of the manufactured home is at or above the base flood elevation; or

2.

Reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade support manufactured home chassis.

Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered civil engineer or licensed land surveyor, and verified by the Modoc County Building Inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

(Ord. No. 340, Exh. A, 12-9-2008)

A.

All recreational vehicles placed in zones A1-30, AH, and AE will either:

1.

Be on the site for fewer than 180 consecutive days;

2.

Be fully licensed and ready for highway use. 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; or

3.

Meet the permit requirements of section 18.71.150 of this chapter and the elevation and anchoring requirements for manufactured homes in subsection 18.71.200A.

(Ord. No. 340, Exh. A, 12-9-2008)

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

A.

Until a regulatory floodway is adopted, no new construction, substantial development, or other development (including fill) shall be permitted within zones A1-30 and AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than one foot at any point within the County of Modoc.

B.

Within an adopted regulatory floodway, the Modoc County Planning Department shall prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification by a registered civil engineer is provided demonstrating that the proposed encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

C.

If subsections A. and B. are satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of article IV.

(Ord. No. 340, Exh. A, 12-9-2008)