Napa County Municipal Code Art. I General Provisions

The Legislature of the state of California has in Government Code Section 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the board of supervisors of Napa County does hereby adopt the following floodplain management regulations.

(Ord. 1307 § 1 (part), 2008)

The board of supervisors finds that:

A. Special flood hazard areas along certain watercourses in Napa County are subject to periodic inundation which can result in loss of life and property, and can result in health and safety hazards, the disruption of commerce and governmental services, producing extraordinary public expenditure for flood protection and relief and the impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

B. These flood losses are caused by:

1. The magnitude of flood flows;

2. The cumulative effect of obstructions in floodplains causing increases in flood height and velocities;

3. Other changes in the hydraulic characteristics of watercourse; and

4. The occupancy of special flood hazard areas by uses vulnerable to floods or hazardous to other lands that are elevated or otherwise protected from flood damage.

C. The riparian vegetation along these watercourses is a valuable natural resource. A wide variety of plants and ready availability of water provide living conditions for a great number of wildlife species. Many wildlife species, particularly birds, live only in riparian cover.

D. Flourishing wildlife populations are not the only benefits derived from streamside vegetation. Trees, by shading, help maintain cooler water temperatures and thus retard algae blooms and enhance the fish habitat. Dense tree growth tends to protect stream banks from erosion, thus reducing the need for expensive channelizing projects. Lush strips of trees and ground cover provide an aesthetically pleasing variation to the eye, and in so doing preserve the rural character of the unincorporated area of the county.

E. The quality of riparian wildlife habitat is enhanced by multilayered, structurally complex vegetation, including canopy trees and a shrub layer, and varied food sources.

F. Riparian woodlands and their understory support one of the most diverse groups of plants and animals in the county on a per area basis. Riparian zones are highly diverse and productive areas because they receive nutrients and water from higher elevations. Intact and linearly connected riparian areas are essential for the survival of federally threatened steelhead trout.

(Ord. 1307 § 1 (part), 2008)

A. It is the purpose of this chapter to reduce the potential for floods within the county, and to minimize the potential for flood-related losses, both public and private, as reflected in the objectives herein described, thereby promoting the public health, safety and general welfare of the residents of this county.

B. The objectives sought to be attained include the following:

1. To protect human life and health;

2. To minimize expenditure of public money for costly flood-control projects;

3. To minimize the need for rescue and relief efforts associated with flooding and ordinarily undertaken at the expense of the general public;

4. To minimize prolonged business interruptions;

5. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, and streets and bridges located in floodplain areas;

6. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard to minimize future blighted areas caused by flood damage;

7. To assist prospective purchasers in receiving notification that property is in a flood insurance zone;

8. To seek to establish that those who occupy the special flood hazard areas assume responsibility for their actions; and

9. To improve the normal functioning of floodplains and flood zones and effectively garner and preserve the numerous environmental benefits they afford the county.

(Ord. 1307 § 1 (part), 2008)

The enactment of the ordinance codified in this chapter is not intended to repeal, abrogate or impair any existing easement, covenant or deed restriction. In the event this chapter conflicts with any other provisions of this code, easement, covenant or deed restriction, the more stringent restriction shall apply.

(Ord. 1307 § 1 (part), 2008)

In order to accomplish its purposes, this article sets forth methods and provisions for:

A. Restricting or prohibiting land uses and activities which are dangerous to public health, safety, and property due to water or erosion hazards, or which may result in an increase in erosion or in flood height or velocities;

B. Requiring that uses and activities vulnerable to floods be protected against flood damage at the time of initial construction;

C. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;

D. Controlling filling, grading or dredging operations and other developments which may increase flood damage;

E. Preventing or regulating the construction of barriers which would unnaturally divert floodwaters or which may increase flood hazards in other areas.

(Ord. 1307 § 1 (part), 2008)

Objectives for preserving riparian growth include:

A. Preserving fish and game habitats;

B. Preventing or reducing erosion;

C. Maintaining cool water temperature;

D. Preventing or reducing siltation;

E. Promoting wise uses and conservation of woodland and wildlife resources of the county.

(Ord. 1307 § 1 (part), 2008)

Methods of preserving riparian cover include regulating by permit all development activities within riparian zones.

(Ord. 1307 § 1 (part), 2008)