Lincoln County Floodplain Management

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

Summary of key points:

ARTICLE 1: Statutory Authorization, Findings of Fact, and Purposes

Section A: Statutory Authorization

1. Draft regulations approved by the Chief Engineer, KDA–DWR on October 31, 2023.
2. State law delegates authority to local governments to adopt floodplain regulations to protect public health, safety, and welfare.

Section B: Findings of Fact

1. Special Flood Hazard Areas (SFHAs) in Lincoln County periodically inundate, causing threats to life, property, commerce, services, and the tax base.
2. Losses are driven by cumulative floodplain development and vulnerable/insufficiently protected uses.

Section C: Statement of Purpose

1. Restrict/prohibit uses that endanger life, safety, property, or increase flood heights/velocities.
2. Require flood protection for vulnerable uses and public facilities during initial construction.
3. Protect buyers from acquiring lands unsuitable for development due to flood hazards.

This resolution minimizes flood losses, maintains NFIP eligibility, and ensures compliance with federal and state rules.

ARTICLE 2: General Provisions

Section A: Lands to Which Resolution Applies. Applies county-wide to all lands designated as unnumbered A Zones on FIRM panels referenced in the FIRM Index effective December 21, 2023 (and future revisions). Development requires a floodplain development permit from the BOCC.

Section B: Compliance. All SFHA development must comply with this resolution and other applicable regulations.

Section C: Abrogation and Greater Restrictions. Stricter provisions in this resolution prevail where conflicts exist.

Section D: Interpretation. Minimum requirements, interpreted liberally in favor of the governing body.

Section E: Warning and Disclaimer of Liability. Standards are reasonable but do not guarantee safety nor create county liability.

Section F: Severability. Invalid portions do not affect the remainder.

ARTICLE 3: Administration

Section A: Floodplain Development Permit. Required for all construction/development (incl. manufactured/mobile homes) within Article 2 areas.

Section B: Floodplain Administrator. The Lincoln County Emergency Manager.

Section C: Duties and Responsibilities include:

1. Application review for site safety/compliance.
2. Verification of required federal/state/local permits.
3. Evaluation of subdivisions and new development for flood safety.
4. Permit issuance for approved applications.
5. Notifying neighbors/KDA-DWR of watercourse alterations; providing evidence to FEMA.
6. Maintaining flood-carrying capacity of altered/relocated watercourses.
7. Recording lowest-floor elevations (incl. basements) and non-residential floodproofing elevations/certifications.

Section D: Permit Application must include:

1. Site description and proposed work.
2. Intended use/occupancy.
3. Assessed and fair-market values.
4. Existing BFE and proposed development elevation.
5. Additional information as required by the Administrator.
6. Plans/specifications.
7. Signature of permittee/authorized agent with authority evidence.

ARTICLE 4: Provisions for Flood Hazard Reduction

Section A: General Standards.

1. Permits for new/substantial/other improvements in unnumbered A Zones are subject to the conditions herein.
2. Where FIS data is unavailable, use best available BFE/floodway data from credible sources.
3. Construction/development (incl. manufactured/mobile homes, prefabricated structures) must include anchorage, flood-resistant materials, utility protection, and drainage/BFE compliance.
4. Storage allowed only if secured against flood damage or readily removable upon warning.
5. Nonconforming uses may continue subject to limits and floodplain requirements.
6. Accessory structures (<=600 sq ft) may be at-grade and wet-floodproofed if specific criteria are met (case-by-case).
7. Agricultural structures tied to production may be at-grade and wet-floodproofed under conditions.
8. Hazardous material storage/handling sites must be outside SFHAs.
9. Critical non-residential facilities must be elevated/floodproofed with access above the 500-year flood.

Section B: Specific Standards.

1. Residential: lowest floor ≥ 1 ft above BFE.
2. Non-residential: lowest floor ≥ 1 ft above BFE or floodproofed.
3. Enclosures below lowest floor: openings to equalize hydrostatic forces.
4. Floodway: no encroachments in designated regulatory floodways.

Section C: Manufactured/Mobile Homes.

1. Install to minimize flood damage with elevation and anchorage.
2. Outside parks/subdivisions in unnumbered A Zones: elevate ≥ 1 ft above BFE and anchor.
3. In existing parks/subdivisions: elevate ≥ 1 ft above BFE.

Section D: Recreational Vehicles. Must meet criteria, or be on-site < 180 consecutive days, or be fully licensed and ready for highway use.

ARTICLE 5: Floodplain Management Variance Procedures

Section A: Appeal Board. Lincoln County Board of Commissioners serves as the Appeal Board.

Section B: Responsibility. Hears appeals of Administrator decisions.

Section C: Further Appeals. Decisions may be appealed to District Court.

Section D: Variance Criteria. Considers danger to life/property, necessity, and plan compatibility, among other factors.

Section E: Variances for Structures. May be granted when criteria are met (e.g., no suitable alternative location, no increase in flood risk, low damage potential).

Section F: Agricultural Structures. Additional conditions apply (wide floodplain, no alternative location, low risk).

Section G: Temporary Structures. Allowed with approved removal plan, permit compliance, and no-rise certification in regulatory floodways.

ARTICLE 6: Violations

1. Administrator may enter property for compliance inspections with prior notice/posting.
2. Development without permit/proof of compliance is a violation until corrected.
3. Written notice includes hearing/correction instructions and deadlines.
4. Violations (incl. variance conditions) are misdemeanors; fines up to $500 plus costs; legal action may be taken.
5. Civil injunctive relief may compel removal; costs may be recovered by judgment.

ARTICLE 7: Amendments

Regulations/boundaries may be amended to align with the National Flood Disaster Protection Act of 1973. Changes require a public hearing with published notice ≥ 20 days in advance and will be shared with FEMA Region VII.

ARTICLE 8: Definitions (selected)

• 100-year Flood (Base Flood): 1% annual chance flood.
• Accessory Structure: Incidental to a principal structure on the same parcel.
• Administrator: Federal Insurance Administrator.
• Agency: FEMA.
• Floodplain: Land subject to inundation from overflow/runoff/subsidence.
• Floodplain Management: Measures to reduce flood damage.
• Floodway: Channel/adjacent lands needed to discharge base flood without undue rise.
• Freeboard: Elevation margin above BFE for uncertainty.
• Historic Structure: Listed/certified contributing structure.
• Substantial Damage: Restoration cost ≥ 50% of pre-damage market value.
• Variance: Community-granted relief from regulations.
• Water Surface Elevation: Floodwater height relative to a vertical datum.

For complete definitions and requirements, see the full resolution below.

Lincoln County KS Floodplain Resolution 2023-17 (Full Text)