Trinity County Municipal Code Art. II Flood Hazard (fh) Zoning District

All of the following areas shall be zoned flood hazard (FH) zoning district:

A. Areas designated as a regulatory floodway or zone AE on the Federal Emergency Management Agency's (FEMA) flood insurance rate maps (FIRM);

B. Areas designated on the FIRM as zone A along the Trinity River, Coffee Creek or along streams in communities with an adopted community plan;

C. Areas identified as one hundred-year floodplain on parcel maps and final maps filed for record in accordance with the Trinity County Subdivision Ordinance;

D. Areas identified as one hundred-year floodplain in a use permit condition or other county entitlement; and

E. Areas identified as one hundred-year floodplain by a flood study approved by the board of supervisors.

F. Areas along the Trinity River identified as inundated by the maximum fishery flow by a flood study approved by the board of supervisors.

(Ord. No. 315-776A, § 1, 10-20-09)

The following uses are permitted within a designated special flood hazard area, excepting floodways:

A. Agricultural uses not involving the construction of structures or other uses which would limit the flow of flood waters.

B. Placement and repair of wire or wood fencing, which will allow for the passage of water. No solid fencing or walls are allowed without first obtaining a floodplain development permit.

C. Maintenance and repair of existing bridges, culverts and roadways.

D. Recreational mining or dredging, not subject to the Surface Mining and Reclamation Act (SMARA).

(Ord. No. 315-776A, § 1, 10-20-09)

The following uses may be permitted subject to first securing a director's issued floodplain development permit, and, where applicable, complying with regulatory floodway provisions of Section 17.29B.090, below:

A. Construction or replacement of bridges, culverts, roadways, bank slope protection devices and levees, and fisheries or wildlife habitat improvement projects shall be allowed, provided a certification by a registered professional engineer is provided demonstrating that the net effect of the project, in conjunction with all other projects developed on the affected stream reach since the effective date of the FIRM for said stream, will not cumulatively increase flood waters of the stream by more than one foot in the project area. Such certification shall be provided to the floodplain administrator.

B. Substantial improvements to existing structures, subject to compliance with development standards in the flood hazard overlay (FHO) zoning district (Section 17.29B.130).

C. Development of structures within the flood hazard (FH) zoning district may be permitted upon first securing floodplain development permit, provided that there are no building sites lying outside of the FH zoning district. If approved, development shall comply with development standards in Section 17.29B.130.

(Ord. No. 315-776A, § 1, 10-20-09)

The following uses may be permitted subject to first securing a planning commission issued use permit, and, where applicable, complying with regulatory floodway provisions of Section 17.29B.090, below.

A. Mining activities, provided all of the requirements of Surface Mining and Reclamation Act (SMARA) are met. Structures, equipment and material stockpiles shall not be in the floodplain between November 1 and April 30 of any year.

B. As part of a resort development or special occupancy park, seasonal uses, such as RV or tent camping may be permitted, provided they meet the standards for recreational vehicles in Section 17.29B.130(G). A floodplain development permit shall also be required, and shall be conditioned to require removal of all facilities (including, but not limited to, picnic tables, trash containers, portable toilets) from areas subject to flooding, during the period between November 1 and April 30. Permanently placed facilities, such as propane tanks or sewage disposal systems shall not be permitted.

(Ord. No. 315-776A, § 1, 10-20-09)

A "regulatory floodway," lying within an area of special flood hazard as shown on a FIRM map, is an extremely hazardous area due to the velocity of floodwaters, which carry debris, potential projectiles, and erosion potential. The following provisions apply to regulatory floodways:

A. Encroachments, including fill, new construction, substantial improvement, and other new development are prohibited within floodways unless certification by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in [the base] flood elevation during the occurrence of the base flood discharge.

B. If subsection A is satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Section 17.29B.130.

C. If subsection A cannot be satisfied, and the floodplain administrator determines that no practicable alternative exists to revising the boundaries of the previously adopted floodway, then the floodplain administrator may request an amendment to the floodway map, in compliance with 44 CFR Section 65.7, "Floodway Revisions."

(Ord. No. 315-776A, § 1, 10-20-09)

Development standards for the allowable uses listed above for lands lying within the flood hazard (FH) zoning district are the same as development standards for lands lying within the flood hazard overlay (FHO) zoning district (Section 17.29B.130).

(Ord. No. 315-776A, § 1, 10-20-09)