§ 32-4-414. FLOODPLAIN AND WETLAND PROTECTION.

(a)

Definitions. In this section, "base flood", "development", "flood insurance rate map", "flooding", "floodway" and "riverine floodplain" have the meanings stated in Title 8 of this article.

(b)

Purpose. The purpose of this section to:

(1)

Reduce loss of life and property from flooding;

(2)

Avoid the need for public expenditures for flood protection; and

(3)

Protect or enhance the environmental quality of watersheds.

(c)

Development in floodplain prohibited; exceptions. The county may not permit development in a riverine floodplain except for:

(1)

The establishment of property subdivision lines; and

(2)

The installation of a pond, culvert, bridge, street, utility, or drainage facility that the county finds is not detrimental to floodplain management programs.

(d)

Base flood elevation.

(1)

Except as provided in paragraph (2) of this subsection, if the floodplain is shown on the flood insurance rate map, the county shall limit any increase in the existing base flood elevation to a maximum of 1 foot.

(2)

The county may not allow encroachment in the floodway causing an increase in the existing base flood elevation.

(3)

In areas where the base flood elevation has not been established, the county shall determine the riverine floodplain and flood elevation by means of a flood study prepared in accordance with the requirements of the Department of Public Works Design Manual and sealed by a registered professional engineer before the issuance of a permit or the recording of a subdivision plat.

(e)

Wetlands.

(1)

The county may not permit dredging, filling, or construction in any nontidal wetland or tidal wetland.

(2)

The county shall require adequate protection of nontidal wetlands or tidal wetlands from contamination.

(1988 Code, § 26-276) (Bill No. 173-93, § 3, 11-17-1993; Bill No. 79-01, § 2, 7-1-2004; Bill No. 75-03, § 27, 7-1-2004)