§ 44-1356. Floodplain district boundary changes limited.

The common council shall not permit changes to the floodplain district boundaries that are inconsistent with the purpose and intent of this chapter or in conflict with the applicable rules and regulations of the state department of natural resources and the Federal Emergency Management Agency (FEMA).

(1)

Changes to the FWO Floodway Overlay District boundaries. Changes to the FWO Floodway Overlay District boundaries shall not be permitted where the change will increase the flood stage elevation equal to or more than 0.01 foot in height, unless the petitioner has made appropriate legal arrangements with all affected units of government and all property owners affected by the stage increase. No change in the boundaries of the FWO district shall be permitted where development will result in an increase in the elevation of the 100-year recurrence interval floodplain because of a loss in floodplain storage. Petitions for floodway overlay district changes shall show the effects of the change within the associated flood fringe, and shall provide adjusted water surface profiles and adjusted floodplain limits to reflect the increased flood elevations.

(2)

Removal of land from the floodplain districts. Removal of land from the floodplain districts shall not be permitted unless the land has been filled to an elevation at least two feet above the elevation of the 100-year recurrence interval flood and provided that such land is contiguous to lands lying outside of the floodplains.

(3)

Amendment of floodplains which were delineated by approximate methods. Amendment of floodplains which were delineated by approximate methods shall not be permitted unless the petitioner provides the city with engineering data showing the flood profile, necessary stream cross-sections, flood elevations, and any effect the establishment of a floodway/flood fringe will have on flood stages. The effects shall be limited as set forth above for changes in the FWO district. If the approximate flood zone is five acres or less in area, and where the cost of the proposed development is estimated to be $125,000.00 or less, the state department of natural resources shall assist the petitioner in determining the required flood elevations.

(4)

Alteration or relocation of river or stream. No river or stream shall be altered or relocated until a floodplain zoning change has been applied for and granted in accordance with the requirements of this section, and until all adjacent communities have been requested to review and comment on the proposed alteration or relocation. The flood-carrying capacity of the altered or relocated watercourse shall not be reduced to less than the flood-carrying capacity before the watercourse was altered or relocated.

(5)

Notice to and approval by state department of natural resources. A copy of all notices for amendments or rezoning in the FWO and FFO Overlay Districts shall be transmitted to the state department of natural resources at least ten days prior to the public hearing. Notice of action taken shall be provided to the state department of natural resources within ten days of the decision. No amendments to the floodplain district boundaries or regulations shall become effective until approved by the state department of natural resources.

(6)

Notice to and approval by FEMA. Notices of action taken for amendments or rezoning in the FWO and FFO districts shall be transmitted to the regional office of the Federal Emergency Management Agency (FEMA) within ten days of the decision. In the case of FWO or FFO district boundary changes, FEMA will determine if an official letter of map amendment (LOMA) or letter of map revision-based on fill (LOMR-F) will be required. The LOMA and LOMR-F are only waivers of federal flood insurance requirements; however, the mortgage lender retains the prerogative to require flood insurance as a condition of providing financing, regardless of the location of the structure. In addition, these letters do not fulfill minimum requirements for removing land from the floodplain. To remove land from floodplain, the requirements in subsection (2) of this section must be met. No amendments to the floodplain district boundaries or regulations shall become effective until approved by FEMA.

(Code 2004, § 17.1207; Ord. No. 2219, 9-16-2006)