Floodplain Management

LC Floodplain M1

Lincoln County, Kansas, has adopted Resolution No. 2023-17, which is in accordance with federal and state regulations, including 44 CFR § 60.3(b), K.S.A. 12-766, and K.A.R. 5-44-1 through 5-44-7.

 

Below is a summary of the key points in this resolution:

ARTICLE 1: STATUTORY AUTHORIZATION, FINDINGS OF FACT, AND PURPOSES

SECTION A: STATUTORY AUTHORIZATION

  1. The floodplain management regulations were approved in draft form by the Chief Engineer of the Division of Water Resources of the Kansas Department of Agriculture on October 31st, 2023.
  2. Kansas Statutory Authorization delegates the responsibility to local governmental units to adopt floodplain management regulations to protect the health, safety, and general welfare of the public.

SECTION B: FINDINGS OF FACT

  1. The special flood hazard areas in Lincoln County, Kansas, experience periodic inundation, leading to loss of life and property, health and safety hazards, disruption of commerce and services, public expenditures for flood protection and relief, and tax base impairment, all negatively impacting public health, safety, and welfare.
  2. These flood losses are caused by the cumulative effect of development in floodplains and the occupation of flood hazard areas by uses vulnerable to floods or inadequately protected.

SECTION C: STATEMENT OF PURPOSE The resolution aims to:

  1. Restrict or prohibit uses that pose risks to health, safety, or property during flooding or that increase flood heights and velocities.
  2. Require flood-vulnerable uses, including public facilities, to have flood protection during initial construction.
  3. Protect individuals from purchasing lands unsuitable for development due to flood hazards.

This resolution serves to promote public health, safety, and welfare, minimize flood-related losses, maintain eligibility for the National Flood Insurance Program (NFIP), and comply with federal and state regulations related to floodplain management.

ARTICLE 2: GENERAL PROVISIONS

SECTION A: LANDS TO WHICH RESOLUTION APPLIES This resolution applies to all lands within Lincoln County, Kansas, designated as unnumbered A Zones on the Flood Insurance Rate Map (FIRM) panels referenced in the associated FIRM Index as of December 21, 2023, and any future revisions. Development in these areas requires a floodplain development permit from the Board of County Commissioners, subject to specified safeguards and restrictions.

SECTION B: COMPLIANCE Any development within special flood hazard areas must fully comply with the terms of this resolution and other relevant regulations.

SECTION C: ABROGATION AND GREATER RESTRICTIONS While existing easements, covenants, or deed restrictions are not affected by this resolution, it prevails in cases where it imposes stricter restrictions. Inconsistent resolutions are repealed to the extent of the inconsistency.

SECTION D: INTERPRETATION The provisions of this resolution are considered minimum requirements, to be interpreted liberally in favor of the governing body. They do not limit or repeal any other powers granted by Kansas statutes.

SECTION E: WARNING AND DISCLAIMER OF LIABILITY This resolution sets reasonable flood protection standards based on engineering and scientific methods but acknowledges that larger floods or flood height variations may occur due to natural or human factors. It does not create liability for Lincoln County, its officers, or employees for flood damages resulting from reliance on this resolution or lawful administrative decisions.

SECTION F: SEVERABILITY If any part of this resolution is found unconstitutional or invalid by a court of appropriate jurisdiction, the remainder of the resolution remains unaffected.

ARTICLE 3: ADMINISTRATION

SECTION A: FLOODPLAIN DEVELOPMENT PERMIT A floodplain development permit is required for all construction and development activities, including placing manufactured or mobile homes, within the areas defined in Article 2, Section A. No development can commence without obtaining a separate floodplain development permit for each structure or development.

SECTION B: DESIGNATION OF FLOODPLAIN ADMINISTRATOR The Lincoln County Emergency Manager is appointed as the Floodplain Administrator responsible for administering and implementing this resolution.

SECTION C: DUTIES AND RESPONSIBILITIES OF FLOODPLAIN ADMINISTRATOR The Floodplain Administrator's responsibilities include:

  1. Reviewing permit applications to ensure sites are reasonably safe from flooding and compliance with this resolution.
  2. Checking if necessary permits from federal, state, or local agencies have been obtained for proposed development.
  3. Evaluating subdivision proposals and new development to assess flood safety.
  4. Issuing floodplain development permits for approved applications.
  5. Notifying neighboring communities and the Division of Water Resources about watercourse alterations and providing evidence to FEMA.
  6. Ensuring flood-carrying capacity is maintained in altered or relocated watercourses.
  7. Verifying and recording the elevation of the lowest floor (including basements) of new or substantially improved structures.
  8. Verifying and recording the floodproofing elevation for new or substantially improved non-residential structures and requiring certification from a registered professional engineer or architect when floodproofing is used.

SECTION D: APPLICATION FOR FLOODPLAIN DEVELOPMENT PERMIT To obtain a floodplain development permit, applicants must:

  1. Describe the land, specifying its location and the proposed work.
  2. Detail the intended use or occupancy of the development.
  3. Provide information about assessed value and fair market value.
  4. Identify existing base flood elevation and proposed development elevation.
  5. Furnish any other information required by the Floodplain Administrator.
  6. Include plans and specifications for the construction.
  7. Have the application signed by the permittee or their authorized agent with evidence of authority.

ARTICLE 4: PROVISIONS FOR FLOOD HAZARD REDUCTION

SECTION A: GENERAL STANDARDS

  1. Floodplain development permits for new construction, substantial improvements, and other improvements within unnumbered A zones are subject to specific conditions outlined in this section.
  2. Areas designated as unnumbered A zones are at risk of the one percent annual chance or 100-year flood, but base flood elevation data is not provided. Development in these areas must adhere to this resolution. If Flood Insurance Study data is unavailable, the community must use available base flood elevation or floodway data from federal, state, or other sources.
  3. New construction, subdivisions, substantial improvements, prefabricated structures, manufactured or mobile homes, and other developments require measures to prevent flood damage, including adequate anchorage, flood-resistant materials, flood damage minimization methods, protection of utilities from flooding, and compliance with drainage and base flood elevation requirements.
  4. Storage of material or equipment may be allowed if secure against flood damage or easily removable upon flood warning.
  5. Nonconforming use may continue under certain conditions, including adherence to floodplain management requirements and limitations on reconstruction costs.
  6. Accessory structures used solely for parking and limited storage, below 600 square feet, may be constructed at-grade and wet-floodproofed if certain conditions are met, with individual permits based on case-by-case analysis.
  7. Agricultural structures connected to agricultural production may be constructed at-grade and wet-floodproofed under specified conditions.
  8. Hazardous material storage and handling sites must be located outside special flood hazard areas.
  9. Critical nonresidential facilities must be elevated or floodproofed and have access routes above the 500-year flood level.

SECTION B: SPECIFIC STANDARDS

  1. Residential construction in special flood hazard areas must have the lowest floor elevated at least one foot above base flood elevation.
  2. Nonresidential construction in special flood hazard areas must have the lowest floor elevated one foot above base flood elevation or be floodproofed.
  3. Enclosed areas below the lowest floor for parking, building access, or storage must have openings to equalize flood forces.
  4. Floodway provisions include criteria for designated floodways, and no encroachments are allowed in designated regulatory floodways.

SECTION C: MANUFACTURED or MOBILE HOMES

  1. Manufactured or mobile homes in special flood hazard areas must be installed using methods to minimize flood damage, including elevation and anchorage.
  2. Manufactured or mobile homes in unnumbered A zones outside of manufactured home parks or subdivisions must be elevated at least one foot above base flood elevation and securely anchored.
  3. Manufactured or mobile homes in existing manufactured home parks or subdivisions in unnumbered A zones must be elevated one foot above base flood elevation.

SECTION D: RECREATIONAL VEHICLES Recreational vehicles placed in unnumbered A zones must meet specific criteria or be on-site for fewer than 180 consecutive days or fully licensed and ready for highway use.

ARTICLE 5 FLOODPLAIN MANAGEMENT VARIANCE PROCEDURES

Section A: Establishment of Appeal Board

  • The Lincoln County Board of Commissioners serves as the Appeal Board for appeals and variance requests from floodplain management requirements.

Section B: Responsibility of Appeal Board

  • The Appeal Board hears appeals when there are alleged errors in the decisions made by the Floodplain Administrator.

Section C: Further Appeals

  • Individuals dissatisfied with the Appeal Board's decision can appeal to the District Court as provided by state law.

Section D: Floodplain Management Variance Criteria

  • The Appeal Board considers various criteria when assessing applications for variances, including factors like the danger to life and property due to flooding, necessity, and compatibility with community plans.

Section E: Conditions for Approving Floodplain Management Variances

  • Variances may be granted for structures in certain circumstances, provided they meet specific criteria, such as demonstrating no other suitable location, not increasing flood risks, and being of low damage potential.

Section F: Conditions for Approving Variances for Agricultural Structures

  • Agricultural structure variances must meet specific conditions, including the requirement that the structure is located in wide floodplain areas with no alternative locations, does not pose risks to public safety, and has low damage potential.

Section G: Conditions for Approving Temporary Structures

  • Temporary structures may be allowed within flood hazard areas if certain conditions are met, including an approved removal plan, compliance with the permit's terms, and provision of a "no-rise" certificate for structures in the regulatory floodway.

These provisions establish the process for seeking variances and the criteria that must be met when considering variances related to floodplain management in Lincoln County.

ARTICLE 6: Violations

  1. The floodplain administrator has the authority to enter properties in Lincoln County for inspections related to compliance with floodplain regulations. Prior notice will be given to the property owner or their agent, and if they cannot be found, a notice will be posted at least five days before entry.
  2. Structures or developments lacking a floodplain development permit or proof of compliance are considered in violation until documentation is provided.
  3. Violations will be communicated to the property owner or their agent through written notices, including instructions and deadlines for requesting a hearing or correcting the violation.
  4. Violating this resolution, including conditions and safeguards related to variances, is a misdemeanor, resulting in fines up to $500. Additionally, the violator must cover all related costs. Legal action may be taken by Lincoln County or other authorities to rectify violations.
  5. Apart from criminal prosecution, the county may seek civil injunctive orders to compel the removal of structures in violation. Failure to comply can lead to the county removing the structure and pursuing a civil judgment for abatement costs.

ARTICLE 7: AMENDMENTS

  • This resolution's regulations, boundaries, and restrictions may be amended to align with changes in the National Flood Disaster Protection Act of 1973. Any such changes require a public hearing where interested parties and citizens can express their views. Notice of the hearing is published in a local newspaper, with at least 20 days between publication and the hearing. Amendments will be shared with the FEMA Region VII office to ensure compliance with NFIP regulations.

ARTICLE 8: DEFINITIONS

This section provides definitions for terms used in the resolution related to floodplain management. Some key definitions include:

  • 100-year Flood: Also known as the "base flood," this is a flood that has a one percent chance of occurring in any given year.
  • Accessory Structure: A structure on the same property as the principal structure, used incidentally to the principal structure's use.
  • Administrator: Refers to the Federal Insurance Administrator.
  • Agency: Refers to the Federal Emergency Management Agency (FEMA).
  • Floodplain: Land susceptible to inundation by water from various sources, including overflow of inland waters, rapid runoff of surface waters, or land subsidence near bodies of water.
  • Floodplain Management: A program of measures aimed at reducing flood damage, including emergency preparedness plans, flood control works, and regulations.
  • Floodway: The channel of a river or watercourse, along with adjacent land areas, required to discharge the base flood without significantly raising water levels.
  • Freeboard: An additional height above the base flood level used for floodplain management to account for uncertainties and unforeseen factors.
  • Historic Structure: A structure listed on the National Register of Historic Places or certified as contributing to the historical significance of a registered historic district.
  • Substantial Damage: Damage to a structure where the cost of restoration equals or exceeds 50 percent of its pre-damage market value.
  • Variance: Relief granted by the community from floodplain management regulations.
  • Water Surface Elevation: The height of floodwaters in relation to a specific vertical datum.Top of Form

 

For a more detailed list of definitions, please refer to the unabridged Floodplain Resolution below.

 

Lincoln County KS Floodplain Resolution 2023-17