HomeMy WebLinkAboutVA200900005 Legacy Document 2009-09-04 (4)STAFF PERSON: Amelia McCulley
PUBLIC HEARING: September 1, 2009
STAFF REPORT VA -2009-005
OWNER/APPLICANT: James E. Crews
TAX MAP/PARCEL: 139A / 20
ZONING: RA, Rural Areas and FHOD, Flood Hazard Overlay District
ACREAGE: 1.0
LOCATION: 3530 Baber Lane in Howardsville, adjacent to the James
River at the confluence with the Rockfish River.
TECHNICAL REQUEST AND EXPLANATION:
The applicant requests relief from Section 30.3.10 of the Flood Hazard Overlay District,
to allow a structure that was built without a building permit, to remain. The structure
includes two bedrooms, a bathroom and kitchen. It meets the definition of a dwelling
unit as found in Section 3.1 of the Albemarle County Zoning Ordinance.
This request is made under the Section 30.3.10 provisions for waiver, modification and
variance of the Flood Hazard Overlay District (FH) regulations. Section 30.3.10
establishes criteria for granting such a request that are distinct from the typical variance
criteria under the Virginia Code and Albemarle Zoning Ordinance Section 34.2.
The Board is advised that the Albemarle County Zoning Ordinance DOES NOT
ALLOW approval of this waiver/ variance request. This use, a structure designed
or intended for human habitation, is expressly prohibited in the general FH
regulations and is not eligible for waiver or variance under Section 30.3.10.(1)
(see the ordinance language that is bold and underlined).
This FH ordinance provision and waiver/ variance criteria will be discussed in detail
later in this report. The ordinance language states:
30.3. 10 WAIVER, MODIFICATION AND VARIANCE OF REGULATIONS
In order to assure continued qualification for the regular program of the National
Flood Insurance Program, no waiver, modification or variance of the regulations
of section 30.3 shall be granted by any board, commission or officer of Albemarle
County until comment has been received from the Federal Insurance
Administration. Notice to the Federal Insurance Administration shall be in
accordance with section 15.2-2204 of the Code. Failure of the Federal Insurance
Administration to respond within thirty (30) days of such notice shall be deemed
tacit agreement with such request.
VA 2009-005 James Crews Page 2 September 1, 2009
In addition to the foregoing and section 34.2, the following shall apply:
9. No variance, modification or waiver shall be granted to section
30.3.4.
2. No variance, modification or waiver shall be granted which would result
in any increase in flood levels during the occurrence of a one hundred
year flood discharge.
3. Variance, modification or waiver shall only be issued upon: (a) a finding
of good and sufficient cause; (b) a determination that failure to grant
suchvariance would result in undue hardship to the applicant; and (c) a
determination that the granting of such variance would not result in
additional threat to public safety, extraordinary public expense, create
public nuisance, cause fraud or victimization of the public or conflict with
local laws or ordinances.
4. Where such variance would result in the location, construction or
substantial improvement of a structure below the one hundred year flood
elevation, the zoning administrator shall notify the applicant that such
development may result in increased premium rates for flood insurance
and that such development may result in increased hazard to life and
property.
5. The zoning administrator shall maintain records of all such variance
applications including such material considered in review and disposition
of the same for review upon request of the Federal Insurance
Administration.
RELEVANT HISTORY:
Mr. Crews has owned this property since August 2003. At that time, an unoccupied and
uninhabitable two-story single family dwelling structure was present on the property.
According to County assessment records, the dwelling was damaged during numerous
major flooding events in recent decades. It sat vacant until its dismantling by Mr. Crews
sometime during 2008. The County Assessor placed no value on the unoccupied
dwelling since at least 1976. In April 2009, it was noted that a new structure had been
built on or near the site of the original dwelling. This construction was done without a
County building permit and without permits from the Health Department.
A notice of zoning violation (NOV) was sent to the owner on May 8th- It is the subject of
the appeal application.
PROPERTY DESCRIPTION AND BACKGROUND INFORMATION:
This is a legally nonconforming parcel in that it does not meet current ordinance
requirements (for minimum size, building site, etc.) and it was created prior to the
adoption of zoning regulations in Albemarle County. This entire 1 acre parcel is located
within the 100 year floodplain. It is designated as floodway zone AE which is listed in
the federal flood insurance maps as a "high risk area." The AE zone is listed as "areas
with a 1 % annual chance of flooding and a 26% chance of flooding over the life of a 30-
VA 2009-005 James Crews Page 3 September 1, 2009
year mortgage. In most instances, base flood elevations derived from detailed analyses
are shown at selected intervals within these zones."
There is no evidence that the floodplain designation for this property changed AFTER
Mr. Crews acquired it in 2003. Therefore, the floodplain restrictions on this property and
the permitted uses and activities have not changed since the property was purchased.
The by -right uses of the property are limited to those listed in Section 30.3.05.1.1 (by
right within the floodway). They include (but are not limited to) agricultural uses
(excluding structures of any kind) and recreational uses (excluding structures of any
kind and uses involving human habitation). Past use of the property includes short-term
camping and parking.
In addition to this parcel, Mr. Crews owns three (3) adjacent parcels. Together these
other three parcels comprise 12.3 acres.
RELEVANT REGULATIONS AND DEFINITIONS:
There are several relevant regulations and definitions which will be referenced in the
waiver / variance review.
1. The existing structure meets the zoning ordinance definition of "dwelling unit."
Albemarle County Zoning Ordinance Section 3.1 Definitions:
Dwelling Unit: A single unit providing complete, independent living facilities for one
(1) or more persons, including permanent provisions for living, sleeping, eating,
cooking and sanitation. (bold emphasis added)
2. The structure meets the FEMA definition of "habitable area."
FEMA Definitions that have specific meaning to the National Flood Insurance
Program (NFIP):
Finished (Habitable) Area: An enclosed area having more than 20 linear feet of
finished walls (paneling, etc.) or used for any purpose other than solely for parking of
vehicles, building access, or storage. (bold emphasis added)
3. As stated in Section 30.3.10.(1), no variance, modification or waiver shall be
granted to Section 30.3.04 Prohibited Uses. This structure is prohibited (even by
approval of a waiver) because it is designed or intended for human habitation.
Albemarle County Zoning Ordinance
30.3.04 PROHIBITED USES
1. Storage of gasoline, kerosene and other petroleum products and flammable
liquids, dynamite, blasting caps and other explosives, pesticides and poisons and
other such materials which could result in hazard to life and/or water pollution in
the event of flooding.
2. Storage of machinery and vehicles except as accessory to a permitted use.
3. Stockpiling of debris, logs, junk cars and similar materials.
4. Structures designed or intended for human habitation, including mobile
homes, regardless of proposed usage. (Bold emphasis added)
VA 2009-005 James Crews Page 4 September 1, 2009
APPLICANT'S DESCRIPTION OF HIS REQUEST:
... to maintain the structure on the property and not to be required to remove the
same. This structure consists of a portion of residence which antedated the
zoning ordinance which was substantially altered by new construction which
used the materials from the original residence in such a way as to a) make the
structure fit for occupancy; b) raise it out of the level of foreseeable flooding; and
c) eliminate any danger that all or part of the original residence could, in flood
conditions, become a hazard to downstream properties. Structure is built on
piles which are securely anchored in below ground concrete and raised
approximately 12 feet above ground level, above anticipated flood level. See
photographs attached. The structure is designed and intended for part-time
recreational use by the applicant, his family, friends and possible tenants and is
not intended for use as a full-time residence.
REVIEW OF WAIVER I VARIANCE:
As explained in the proceeding, this request fails to meet each of the five (5) required
standards of Section 30.3.10. The provisions of Section 30.3.10 Waiver, Modification
and Variance of Regulations will be addressed separately and in detail.
Introductory Language Provisions
30.3. 10 WAIVER, MODIFICATION AND VARIANCE OF REGULATIONS
In order to assure continued qualification for the regular program of the National
Flood Insurance Program, no waiver, modification or variance of the regulations
of section 30.3 shall be granted by any board, commission or officer of Albemarle
County until comment has been received from the Federal Insurance
Administration. Notice to the Federal Insurance Administration shall be in
accordance with section 15.2-2204 of the Code. Failure of the Federal Insurance
Administration to respond within thirty (30) days of such notice shall be deemed
tacit agreement with such request.
This requires notice be provided to the Federal Insurance Administration (FIA), in
accord with the legal notice requirements in section 15.2-2204 of the Virginia Code.
Notice was provided on August 14th to FEMA, the relevant federal agency for the FIA.
The language further requires that prior to GRANTING (or approving) a waiver,
modification or variance, that either a) comment has been received OR b) over thirty
(30) days have passed and no comment has been received, which is "deemed tacit
agreement with such request." Staff will forward any FEMA comment to the Board and
applicant, once it is received. In the event no comment has been received by the date
of this meeting (which will be less than 30 days from the notice), the Board will not be
able to grant this request.
VA 2009-005 James Crews Page 5 September 1, 2009
Waiver/ Variance Criteria:
In addition to the foregoing and section 34.2, the following shall apply:
1. No variance, modification or waiver shall be _-granted to section 30.3.4.
Section 30.3.4 Prohibited Uses, includes: 4. Structures designed or intended
for human habitation, including mobile homes, regardless of proposed
usage.
The Albemarle County Zoning Ordinance does not define "human habitation."
Based on what has been constructed (bedrooms, bathroom and kitchen) it is clear
that this structure is designed or intended for human habitation, including overnight
use. Therefore a waiverlvariance can not be granted. This is based on the
following:
A. The structure meets the FEMA definition of "habitable area."
FEMA Definitions that have specific meaning to the National Flood Insurance
Program (NFIP) do not define "human habitation" or "habitation." However, they
do define "Finished (Habitable) Area." It is defined: An enclosed area having
more than 20 linear feet of finished walls (paneling, etc.) or used for any purpose
other than solely for parking of vehicles, building access, or storage.
The structure is not used solely for parking of vehicles, building access or
storage; therefore, it constitutes habitable area.
B. The existing structure meets the zoning ordinance definition of "dwelling unit."
A dwelling unit is a structure designed or intended for human habitation.
C. The existing structure is designed or intended for human habitation.
In addition to the provisions for living, sleeping, eating, cooking and sanitation,
the satellite television, grill, lawn furniture all allow for and indicate a design and
intent for human habitation.
D. The regulations do not exempt temporary or occasional usage for human
habitation.
The language in Section 30.3.4 (4) expressly eliminates this consideration
with the words, "regardless of proposed usage" in describing human
habitation.
2. No variance, modification or waiver shall be granted which would result in any
increase in flood levels during the occurrence of a one hundred year flood
discharge.
The applicant has not provided engineering information to confirm that this
structure would not result in any increase in flood levels during the occurrence of
a one hundred year flood discharge. Instead, he has provided his opinion that
the structure has been raised `but of the level of foreseeable flooding." This
opinion is not sufficiently grounded as evidence to find that this criterion is met.
VA 2009-005 James Crews Page 6 September 1, 2009
3. Variance, modification or waiver shall only be issued upon: (a) a finding of
good and sufficient cause;
The applicant notes: No other property in the same zoning district and the
same vicinity is of similar size, shape and location. The location of the
property is entirely within the FH overlay district, the flood area being
constrained by the existence of the railroad and public highway to the
north and the Rockfish and James Rivers to the west and south. The
frontage of the property on the Howardsville Turnpike gives it public road
access, which is desirable for beneficial uses not shared by other
properties. The small size, shape, location and elevation of the property
make it substantially unusable for traditional rural uses and other uses
permitted by right or by special use permit, specifically including
agriculture, wildlife and nature preserves, game farms, fish hatcheries,
shooting preserves, target ranges, hunting, fishing and hiking areas,
athletic fields and the like; nor for personal wireless service facilities, and
no other permitted use is substantially beneficial.
The Board is reminded that the applicant built this structure without a County
building permit. Therefore, any loss from the investment in this construction, is a
self-imposed hardship and is not good and sufficient cause.
For guidance in considering this waiver/variance in general and this criterion in
particular, staff reviewed FEMA Variance Criteria (Title 44 Subchapter B
Insurance and Flood Hazard Mitigation, Criteria for Land Management and Use,
Requirements for Floodplain Management Regulations) found in Attachment F.
These variance criteria state in part that the granting of a variance is generally
limited to a lot size less than one-half acre. "However, as the lot size increases
beyond one-half acre, the technical justification required for issuing a variance
increases." In this case, the lot size at 1 acre is greater than one-half acre and
the applicant provided no technical justification.
Staff is not able to find good and sufficient cause for granting the
waiver/variance.
(b) Variance, modification or waiver shall only be issued upon a determination
that failure to grant such variance would result in undue hardship to the applicant;
and
The applicant notes: The property consists of approximately 1 acre,
classified by the County tax authorities as residential property. Its highest
and best use is for the use intended by the applicant. In the absence of a
variance, the property will have no substantial beneficial use whatever,
therefore, the strict application of the ordinance to this property will be
tantamount to confiscation.
VA 2009-005 James Crews Page 7 September 1, 2009
The Board is again reminded that the applicant built this structure without a
County building permit. Therefore, any hardship related to the loss from the
investment in this construction, is a self-imposed hardship and is not relevant.
One can argue that zoning regulations present a hardship to property owners in
general because they restrict the "highest and best" use of property. One can
further argue that floodplain regulations, especially for properties in the floodway,
also present a hardship because they restrict full use of the property. This
general argument is not sufficient grounds for issuing a waiver/variance to the
floodplain regulations.
The right to reasonable use of one's property does not mean that you must be
able to build a home on the property. The Board is reminded that the subject
property is a nonconforming 1 acre lot in the floodway. This home has a 26%
chance of being inundated by 100 year floodwaters over the course of a 30 -year
mortgage (zone AE).
The owner is entitled to several by -right uses allowed in the floodway such as
recreational use (Section 30.3.05.1.1). These uses include temporary camping
and parking (without the use of structures). Both of these are prior uses of this
property.
Staff is not able to find that failure to grant this waiver/variance will result in an
undue hardship to the applicant.
(c) Variance, modification or waiver shall only be issued upon a determination
that the granting of such variance would not result in additional threat to public
safety, extraordinary public expense, create public nuisance, cause fraud or
victimization of the public or conflict with local laws or ordinances.
The applicant notes: The property is a traditional residential property and
has been so used for over 100 years, therefore maintaining the existing
structure will merely retain its residential character. The recreational
character of the use is consistent with uses permitted by right in the
district. The reconstruction of the existing residence has greatly enhanced
the appearance and value of the property, and the design protects
adjacent and downstream properties from possible dangers from flooding.
As previously noted, the applicant has not provided any technical information
about the elevation of the structure with regards to the floodplain or any hydraulic
information about the impact of this structure on flooding. To satisfy this criterion,
a positive finding must be made that this structure will not "result in additional
threat to public safety, extraordinary public expense, create public nuisance,
cause fraud or victimization of the public or conflict with local laws or ordinances."
Comment from FEMA will be helpful in further evaluating this criterion.
VA 2009-005 James Crews Page 8 September 1, 2009
4. Where such variance would result in the location, construction or substantial
improvement of a structure below the one hundred year flood elevation, the
zoning administrator shall notify the applicant that such development may result
in increased premium rates for flood insurance and that such development may
result in increased hazard to life and property.
This is not a specific criterion but is instructive to the zoning administrator.
Again, we do not have elevation information for this property and structure.
5. The zoning administrator shall maintain records of all such variance
applications including such material considered in review and disposition of the
same for review upon request of the Federal Insurance Administration.
This is not a specific criterion but is instructive to the zoning administrator.
Again, we do not have elevation information for this property and structure.
STAFF RECOMMENDATION: Since this structure involves a prohibited use, the
Ordinance clearly states that the Board of Zoning Appeals is not able to grant the
requested waiver/variance. Furthermore, staff finds that this request does not satisfy
the criteria for granting a variance in the FH district. Therefore, staff recommends
denial.
Attachments:
A — GIS Flood plain map
B — FIRM Flood Insurance Rate Map
C — Letter from Jay Schlothauer, Building Official
D - Albemarle County Zoning Ordinance Section 30.3 Flood Hazard Overlay
District
E — FEMA Frequently Asked Questions about Floodplain Management
Requirements
F — FEMA Variance Criteria (Title 44 Subchapter B Insurance and Flood Hazard
Mitigation, Criteria for Land Management and Use, Requirements for Floodplain
Management Regulations)
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,. ATTACHMENT C
COUNTY OF ALBEMARLE
Department of Community Development
Inspections Division
401 McIntire Road
Charlottesville, Virginia 22902-4596
(434) 296 - 5832
Fax (434) 972 - 4126
May 28, 2009
James E. Crews
292 Logan Road
Scottsville, VA 24590
Re: Permit Application # 2009-655 AR
Dear Mr. Crews:
The Albemarle County Zoning Administrator's office has denied approval of the referenced
permit application for the reconstruction of a dwelling unit. That denial cites Section 303.04 of
the Zoning Ordinance, which prohibits such building construction in a flood plain.
It is understood that the Zoning Administrator has issued a Notice of Violation for this same
situation. This office will hold the building permit application pending final resolution of any
appeal of the Zoning Administrator's action.
Neither a building permit, nor a certificate of occupancy has been issued for the structure
identified on the referenced permit application. Please be advised that it is a violation of Section
108.1 of the 2006 Virginia Uniform Statewide Building Code to construct a building without the
appropriate permit, and a violation of Section 116.1 to occupy or use a building without a
certificate of occupancy.
Sincerely,
Jachlothauer
Building Official
JS/js
ALBEMARLE COUNTY CODE ATTACHMENT D
30.2.5 NOISE PERFORMANCE STANDARDS
Any building or structure intended for human occupancy or use proposed to be located within the
noise impact area shall be designed and constructed in accordance with the acoustical performance
standards in section 30.2.5.1. Building plan conformance to these requirements shall be certified
by the Albemarle County building official prior to initiation of construction activities. "As -built"
conformance to these requirements shall be certified by the building official prior to the issuance
of any certificate of occupancy.
Plats or plans of lands within the noise impact area approved by any Albemarle County official
shall prominently display a disclosure statement that such plat or plan includes land and/or
buildings within the AIA noise impact area.
30.2.5.1 ACCOUSTICAL PERFORMANCE STANDARDS
Land Use Cateeory
Residential
Public and quasi -public use:
School
Library
Church
Hospital
Auditorium, concert hall, etc.
Parks and recreation, sports arena
Office
Commercial
Retail
Movie theatre
Hotel, motel
Distribution, industry
Manufacturing and assembly industry
30.2.6 CLUSTER DEVELOPMENT, BONUS FACTORS
Maximum Interior
Noise Levels rdB(a)l
Ldn < 45
Ldn <45
Ldn <45
Ldn <45
Ldn <45
Ldn <45
Ldn < 70
Ldn <55
Ldn <55
Ldn < 55
Ldn <55
Ldn <70
Ldn <70
No cluster development or bonus level provisions or regulations will be permitted unless the
commission shall determine that such development will reduce or be equivalent to hazard and/or
noise impacts anticipated under standard level -conventional development of the underlying zoning
district.
30.3 FLOOD HAZARD OVERLAY DISTRICT - FH
30.3.01 INTENT
It is intended that the flood hazard overlay district hereby and hereafter created shall be for the
purpose of providing safety and protection from flooding. More specifically, these provisions are
intended to restrict the unwise use, development and occupancy of lands subject to inundation
which may result in: danger to life and property; public costs for flood control measures and/or
rescue and relief efforts; soil erosion, sedimentation and siltation; pollution of water resources; and
general degradation of the natural and man-made environment.
It is further intended that these provisions shall be adequate for qualification and continuation of
Albemarle County on the regular program of the National Flood Insurance Program as
administered by the Federal Insurance Administration and the Federal Emergency Management
Agency (FEMA). To these ends, provisions have been developed in accordance with regulations
governing the regular program. (Amended 2-5-05)
18-30-5
Zoning Supplement #33, 2-5-05
ALBEMARLE COUNTY CODE
(§ 30.3.01, 12-10-80; Ord. 05-18(l),1-5-05, effective 2-5-05)
30.3.02 APPLICATION
30.3.02.1 DEFINITIONS --GENERALLY
The flood hazard overlay district shall include all areas subject to inundation by the waters of the
one hundred year flood. The source of this delineation shall be the Flood Insurance Study for
Albemarle County and Incorporated Areas and the Independent City of Charlottesville prepared by
FEMA, effective on and after February 4, 2005 (the "flood study"). (Amended 2-5-05)
The following definitions shall apply in the administration and interpretation of this section 30.3:
1. One -hundred year flood: The term "one -hundred year flood" is a design storm of a specific
intensity and duration with a return frequency of one -hundred years or a one -percent
probability of being equaled or exceeded in a given year. The term "one -hundred year flood"
is also referred to as the one (1) -percent annual chance flood. (Added 2-5-05)
2. Base flood elevation (BFE): The term "base flood elevation' is the one -hundred year
flood elevation that has been determined at a cross section of a stream reach, as
designated in the flood study. (Added 2-5-05)
3. Flood plain: The term "flood plain' means any land susceptible to being inundated by
the flood waters generated by a one -hundred year flood, as designated in the flood study.
(Added 2-5-05)
4. Floodway: The term "floodway" means the stream channel and that portion of the adjacent
flood plain that must be reserved to carry and discharge the waters of the one -hundred year
flood, as designated in the flood study, without increasing the flood water surface elevation at
any point more than one (1) foot above the base flood elevation and provided that hazardous
velocities are not produced. (Amended 2-5-05)
5. Floodway fringe: The term "floodway fringe" means that portion of the flood plain that lies
between the floodway and the outer limits of the flood plain, as designated in the flood study.
For the sole purpose of determining permissible uses under sections 30.3.05.1.2 and
30.3.05.2.2, the floodway fringe also shall include the approximated flood plain. (Amended 2-
5-05)
6. Approximated flood plain: The term "approximated flood plain' means those flood plain
regions where base flood elevations have not been determined, as designated in the flood
study. (Amended 2-5-05)
7. Development: The term "development" means, for the purposes of this section only, any man-
made change to improved or unimproved real estate, including but not limited to buildings or
other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
(Amended 2-5-05)
8. Substantial improvement: The term "substantial improvement' means, for the purposes of
this section only, any repair, reconstruction or improvement of a structure, the cost of which
equals or exceeds fifty (50) percent of the market value of the structure either (I) before the
improvement or repair is started, or (2) if the structure has been damaged, the market value
before the damage occurred. For the purpose of this definition "substantial improvement' is
considered to occur when the first alteration of any wall, ceiling, floor or other structural part
of the building commences, whether or not that alteration affects the external dimensions of
the structure. The term does not, however, include either (1) any project for improvement of a
structure to comply with existing state or local health, sanitary or safety code specifications
18-30-6
Zoning Supplement 433, 2-5-05
ALBEMARLE COUNTY CODE
which are solely necessary to assure safe living conditions, or (2) any alteration of a structure
listed on the National Register of Historic Places or the Virginia Historic Landmarks
Commission. (Amended 2-5-05)
9. Start of construction: The term "start of construction" means, for the purposes of this section
only includes substantial improvement, and means the date the building permit was issued,
provided the actual start of construction, repair, reconstruction, placement or other
improvement was within one hundred eighty (180) days of the permit date. The actual start
means either the first placement of permanent construction of a structure on a site, such as the
pouring of slab or footings, the installation of piles, the construction of columns or any work
beyond the stage of excavation. Permanent construction does not include land preparation,
such as clearing, grading and filling; nor does it include the installation of streets and/or
walkways; nor does it include excavation for a basement, footings, piers or foundations or the
erection of temporary forms; nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or not part of the main
structure. (Added 6-10-87; Amended 2-5-05)
(§ 30.3.02.1,12-10-80; 6-10-87; Ord. 05-18(l),1-5-05, effective 2-5-05)
30.3.02.2 DETERMINATION OF FLOODWAY FRINGE IN THE APPROXIMATED FLOOD
PLAIN
Except for such uses permitted in the floodway in accordance with section 30.3.5, no use, structure
or building shall be established and no rezoning petition, site development plan, subdivision plat,
building permit or other county approval shall be given for lands located within any approximated
flood plain, prior to verification by the county engineer as to the limits of the floodway fringe
within such lands. In his determination of the limits of the floodway fringe, and one hundred year
flood elevation, the county engineer may request assistance from the Federal Insurance
Administration, the United States Army Corps of Engineers, and such other qualified agencies and
persons as he deems appropriate. The county engineer shall require the applicant to provide such
information as he deems reasonably necessary to make his determination. The cost of such
determination shall be borne entirely by the applicant.
(§ 30.3.02.2,12-10-80; Ord. 01-18(6),10-3-01; Ord. 05-18(l),1-5-05, effective 2-5-05)
30.3.03 GENERAL REQUIREMENTS FOR FLOOD HAZARD OVERLAY DISTRICTS
30.3.03.1 LOCATION OF UTILITIES AND FACILITIES
All new or replacement water and sewer facilities shall be located and designed to: minimize or
eliminate infiltration of flood waters into such systems and in the case of sewer facilities,
discharge of effluent into flood waters; minimize damage or impairment caused by flooding. In
review for and issuance of a permit for the installation of a septic system or well, the local office
of the Virginia Department of Health should be mindful of the intent of this section.
All new utilities such as gas lines, electrical and telephone systems to be located in the flood
hazard overlay district shall be located and designed to minimize damage and impairment and to
prevent flotation or dislocation due to flooding.
30.3.03.2 DEVELOPMENT PERMIT; BUILDING PERMIT; GRADING PERMIT
In order to comply with the requirements of the regular program of the National Flood Insurance
Program, no construction or other development shall be undertaken without prior issuance by the
zoning administrator of a development permit. The purpose of such permit shall be to determine
the effects of the proposed construction or development on the flood carrying capacity of the water
course. No development permit shall be issued for any use, structure, activity, fill, new
18-30-7
Zoning Supplement #33, 2-5-05
ALBF.MARLE COUNTY CODE
construction, substantial improvements or other development which in the opinion of the county
engineer would result in any increase in flood levels during the occurrence of a one hundred year
flood discharge. In making such determination, the county engineer shall obtain, review and
reasonably utilize any base flood elevation and floodway data available from a federal, state or
other source and may request assistance from the Federal Insurance Administration, the United
States Army Corps of Engineers and such other qualified agencies and persons as he deems
appropriate. (Amended 6-10-87)
Where buildings and structures and substantial improvements thereto are permitted under the
terms of this section within any subdistrict of the flood hazard overlay district, the same shall be
designed and/or modified to prevent flotation, collapse or lateral movement as a result of flooding
and shall be constructed only in accordance with the requirements of the Virginia Uniform
Statewide Building Code for potential hazards. In addition, materials and utility equipment
employed in such construction shall be resistant to flood damage. For all new construction and
substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding
shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing
for the entry and exit of flood waters. Designs for meeting this requirement must either be
certified by a registered professional engineer or architect or must meet or exceed the following
minimum criteria: a minimum of two (2) openings having a total net area of not less than one (1)
square inch for every square foot of enclosed area subject to flooding shall be provided. The
bottom of all openings shall be no higher than one (1) foot above grade. Openings may be
equipped with screens, louvers or other coverings or devices provided that they permit the
automatic entry and exit of flood waters. (Amended 6-10-87)
For purposes of the regular program, the zoning administrator, at time of issuance of a building
permit for new construction, shall make and maintain record of: the one hundred year flood
elevation on the lot or parcel on which the building or structure is to be located; the elevation of
the lowest floor of such building or structure, including basement or cellar; and where flood
proofing of the building or structure is proposed, the elevation of the finished flood proofing.
No building permit, including special footings and foundation permits, or grading permit, shall be
issued within any subdistrict of the flood hazard overlay district until the applicant for such permit
has demonstrated to the reasonable satisfaction of the zoning administrator that all necessary
permits and/or other approvals have been received from those governmental agencies from which
approval is required by Federal Water Pollution Control Acts Amendments of 1972, 33 U. S. C.
1334. (Amended 6-10-87)
30.3.03.3 ALTERATION OR RELOCATION OF A WATERCOURSE
Whenever a person intends to alter or relocate a watercourse within any of the three (3)
subdistricts of the flood hazard district, the person shall notify in writing by certified mail all
adjacent communities and the State Water Control Board of all such intended activities prior to
any alteration or relocation of the watercourse, and shall submit copies of such notification to the
Federal Insurance Administration. The person shall also assure the board of supervisors in writing
that the flood carrying capacity within the altered or relocated portion of the water course in
question will be maintained.
30.3.04 PROHIBITED USES
1. Storage of gasoline, kerosene and other petroleum products and flammable liquids, dynamite,
blasting caps and other explosives, pesticides and poisons and other such materials which
could result in hazard to life and/or water pollution in the event of flooding.
2. Storage of machinery and vehicles except as accessory to a permitted use.
3. Stockpiling of debris, logs, junk cars and similar materials.
18-30-8
Zoning Supplement #33, 2.5-05
ALBEMARLE COUNTY CODE
4. Structures designed or intended for human habitation, including mobile homes, regardless of
proposed usage.
30.3.05 PERMITTED USES
The following uses may be permitted within the flood hazard overlay district in accordance with
the requirements of this section and as specifically provided in the underlying zoning district.
30.3.05.1 BY RIGHT
The following uses shall be permitted subject to the requirements and limitations of this
ordinance:
30.3.05.1.1 BY RIGHT WITHIN THE FLOODWAY
The following uses or activities are authorized within the floodway as a matter of right:
1. Agricultural uses, excluding structures of any kind, limited to field crops, pasture, grazing,
livestock, raising poultry, horticulture, viticulture and forestry.
2. Recreational uses (excluding structures of any kind and uses involving human habitation)
such as parks; swimming areas, golf courses and driving ranges; picnic grounds; wildlife and
nature preserves; game farms; fish hatcheries; shooting preserves; target, trap and skeet
ranges; hunting, fishing and hiking areas; athletic fields; and horse show grounds.
3. Flood warning aids and devices, water monitoring devices and the like.
4. Fences.
5. Electric, gas, oil and communications facilities, including poles, lines, pipes, meters and
related facilities for distribution of local service and owned and operated by a public utility,
but excluding tower structures. (Added 7-1- 81) (Amended 5-12-93)
6. Water distribution and sewage collection lines and appurtenances owned and operated by the
Albemarle County Service Authority, but excluding pumping stations and holding ponds.
(Added 7-1-81)
7. If paragraphs (a) through (d) are each satisfied, projects which: (i) are designed or directed by
the county, a soil and water conservation district, or a public agency authorized to carry out
flood control or environmental restoration measures; or (ii) are reviewed and approved by the
department of engineering and public works in accordance with the water protection
ordinance.
a. The purpose which will be served by the project, as determined by the department of
engineering and public works, is either flood control or environmental restoration;
b. The amount of fill material placed within the floodway, floodway fringe or approximated
flood plain does not exceed the amount of cut material removed from the same floodway,
floodway fringe or approximated flood plain in which the fill was placed;
c. No natural streams will be relocated; and
d. The project will use natural materials such as rock and vegetation, and will not use
engineered structures such as those identified in section 30.3.05.2.1(5).
8. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
18-30-9
JZoning Supplement #33, 2-5-05
ALBEMARLE COUNTY CODE
(Ord. 98-18(2); 9-16-98; Ord. 04-18(2),10-13-04)
30.3.05.1.2 BY RIGHT WITHIN THE FLOODWAY FRINGE
1. Uses permitted by right in the floodway.
2. Accessory structures to uses permitted by right in the floodway, excluding structures for
human habitation; provided that any such structure permitted shall be firmly anchored to
prevent flotation, collapse or lateral movement due to flooding.
Pedestrian and multi -use paths that are within county owned or operated parks and
greenways; provided that any filling of land has been approved by the county engineer in
accordance with section 30.3.06.1(1) through (5); and any footbridges necessary to cross
tributary streams, watercourses and swales have been approved by the county engineer.
(Added 2-5-05)
(§ 30.3.05.1.2, 12-10-80; Ord. 05-18(1), 1-5-05, effective 2-5-05)
30.3.05.2 BY SPECIAL USE PERMIT
The following uses shall be permitted only by special use permit approved by the board of
supervisors pursuant to section 31.2.4.
30.3.05.2.1 BY SPECIAL USE PERMIT WITHIN THE FLOODWAY
The following uses or activities are authorized within the floodway by special use permit:
1. Dams, levees and other structures for water supply and flood control.
2. Water related uses such as boat docks, canoe liveries, bridges, ferries, culverts and river
crossings of transmission lines of all types.
3. Sod farming, topsoil, sand and gravel removal.
4. Pump stations for water or wastewater including power supply and control devices, holding
ponds and other appurtenances.
5. Engineered structures including, but not limited to, retaining walls and revetments made of
non -natural materials such as concrete, and gabion baskets, which are constructed along
channels or watercourses for the purpose of water conveyance or flood control.
6. Hydroelectric power generation (reference 5.1.26).
(Added 4-28-82)
7. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
(Ord. 98-18(2); 9-16-98; Ord. 04-18(2), 10-13-04)
30.3.05.2.2 BY SPECIAL USE PERMIT WITHIN THE FLOODWAY FRINGE
1. Uses by special use permit in the floodway.
2. Aircraft landing strip excluding structures and aircraft parking/storage.
3. Landfill permit (reference 30.3.6).
I8-30-10
Zoning Supplement #33, 2-5-05
ALBEMARLE COUNTY CODE
4. Electrical transmission lines and related towers; micro -wave and radio -wave transmission and
relay towers.
30.3.06 LANDFILL PERMITS FOR FLOOD PLAIN ALTERATION
30.3.06.1 PERMIT REQUIREMENTS
In addition to such conditions imposed by the board of supervisors in approval of a special use
permit, a landfill permit approval by the county engineer is required for the filling of land in the
floodway fringe. No permit shall be issued or approved until the site development plan for such
fill of land shall have been submitted to the county engineer indicating the following requirements
have been met:
1. In the case of residential usage, the finished grade shall be at or above the one hundred year
flood elevation for the lowest floor, including basement or cellar of a structure. For a
nonresidential structure, watertight flood proofing in accordance with the Virginia Uniform
Statewide Building Code may be provided in lieu of the finished grade described herein;
2. The filling of land shall be designed and constructed to minimize obstruction to and effect
upon the flow of water and more particularly that:
a. Such fill will not, in the opinion of the county engineer, result in any increase in flood
levels during the occurrence of a one hundred year flood discharge;
b. The flood carrying capacity of the watercourse shall be maintained;
c. No fill shall be placed in the floodway;
3. Fill shall be effectively protected against erosion by vegetative cover, riprap, gabions,
bulkhead or other acceptable method. Any structure, equipment or material permitted shall be
firmly anchored to prevent dislocation due to flooding;
4. Fill shall be of a material that will not pollute surface water or groundwater;
5. Where in the opinion of the county engineer additional topographic, engineering and other
data or studies are necessary to determine the effects of flooding on a proposed structure or
fill and/or the effect of such structure or fill on the flow of water in flood stage, the county
engineer shall require the applicant to submit such data or studies.
30.3.06.2 Repealed 2-5-05
30.3.07 AMENDMENT OF THE FLOOD HAZARD OVERLAY DISTRICT
The delineation of the flood hazard overlay district may be revised, amended and modified by the
board of supervisors in compliance with the National Flood Insurance Program when any of the
following conditions are met:
Upon completion of a fill operation in accordance with section 30.3.06.1; and, county
engineer receipt of notification from FEMA that a map amendment based on the placement of
fill has been issued; and, at such time as the county engineer is reasonably satisfied that such
fill is stabilized, at a finished grade above the one hundred year flood elevation, and in
compliance with any related conditions imposed by the board of supervisors in approval of a
special use permit; the county engineer shall notify the board of supervisors of such fording.
The board of supervisors shall review such fording for amendment of the flood hazard overlay
district as generally provided in section 33.0 and particularly provided in section 30.3.07. In
18-30-11
Zoning Supplement #33, 2-5-05
ALBEMARLE COUNTY CODE
the event of amendment, lands deleted from the flood hazard overlay district shall enjoy all
uses of the underlying zone, as such uses are permitted therein. (Added 2-5-05)
2. There are changes through natural or other causes.
3. There are changes indicated by FEMA issuance of letters of map amendment (LOMA) or
letters of map revision (LOMR). (Added 2-5-05)
4. There are changes indicated by future detailed hydrologic and hydraulic studies.
All such changes are subject to the review and approval of FEMA.
(§ 30.3.07, 12-10-80; Ord. 05-18(1), 1-5-05, effective 2-5-05)
30.3.08 WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance is considered reasonable for regulatory
purposes and is based on engineering and scientific methods of study. Larger floods may occur on
rare occasions. Flood heights may be increased by man-made or natural causes, such as bridge
openings restricted by fill or debris. This ordinance does not imply that areas outside the flood
hazard overlay district or land uses permitted within such districts will be free from flooding or
flood damage. This ordinance shall not create liability on the part of Albemarle County or any
officer, agency or employee thereof, for any flood damage that results from reliance on this
ordinance or any administrative decision lawfully made hereunder.
30.3.09 RESTORATION OR REPLACEMENT OF NONCONFORMING USES
Irrespective of the provisions of section 6.0 of this ordinance, for the purpose of this section, the
B[l]owing shall apply to the flood hazard overlay district:
30.3.9.1 If a nonconforming structure or activity is destroyed or damaged in any manner to the extent that
the cost of restoration is equal to or greater than fifty (50) percent of the cost of entire
reconstruction, it shall be restored only if such complies with the requirements of this ordinance.
30.3.9.2 Any substantial improvement or expansion of a nonconforming structure or activity shall comply
with the requirements of this ordinance.
30.3.10 WAIVER, MODIFICATION AND VARIANCE OF REGULATIONS
In order to assure continued qualification for the regular program of the National Flood Insurance
Program, no waiver, modification or variance of the regulations of section 30.3 shall be granted by
any board, commission or officer of Albemarle County until continent has been received from the
Federal Insurance Administration. Notice to the Federal Insurance Administration shall be in
accordance with section 15.2-2204 of the Code. Failure of the Federal Insurance Administration
to respond within thirty (30) days of such notice shall be deemed tacit agreement with such
request.
In addition to the foregoing and section 34.2, the following shall apply:
I . No variance, modification or waiver shall be granted to section 30.3.4.
2. No variance, modification or waiver shall be granted which would result in any increase in
flood levels during the occurrence of a one hundred year flood discharge.
3. Variance, modification or waiver shall only be issued upon: (a) a finding of good and
sufficient cause; (b) a determination that failure to grant such variance would result in undue
18-30-12
Zoning Supplement 433, 2-5-05
ALBEMARLE COUNTY CODE
hardship to the applicant; and (c) a determination that the granting of such variance would not
result in additional threat to public safety, extraordinary public expense, create public
nuisance, cause fraud or victimization of the public or conflict with local laws or ordinances.
4. Where such variance would result in the location, construction or substantial improvement of
a structure below the one hundred year flood elevation, the zoning administrator shall notify
the applicant that such development may result in increased premium rates for flood insurance
and that such development may result in increased hazard to life and property.
5. The zoning administrator shall maintain records of all such variance applications including
such material considered in review and disposition of the same for review upon request of the
Federal Insurance Administration.
30.4 NATURAL RESOURCE EXTRACTION OVERLAY DISTRICT - NR
30.4.01 INTENT
This natural resource extraction overlay district (herein referred to as NR) is created to provide for
the utilization of spring water for off-site consumption, sand, gravel, stone or other mineral
deposits within the county in a manner compatible with adjacent land uses.
NR districts may be established where deposits of sand, gravel, stone or other minerals exist;
where the uses permitted hereunder are unlikely to create effects adverse to public health, safety
and welfare or to the value of adjacent properties; and specifically where existing roads will not
make it necessary to conduct trucking operations through developed residential areas or areas
likely to be developed for residents during the course of any extractive use. (Amended 6-10-92)
18-30-12.1
Zoning Supplement #33, 2-5-05
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§ 60.6
depending upon the geologic, hydro-
logic, topographic and climatic charac-
teristics of the community's land. The
buffer may be used for suitable open
space purposes, such as for agricul-
tural, forestry, outdoor recreation and
wildlife habitat areas, and for other ac-
tivities using temporary and portable
structures only.
[41 FR 46975, Oct. 26, 1976. Redesignated at 44
FR 31177, May 31, 1979, as amended at 48 FR
44552, Sept. 29, 1983; 49 FR 4751, Feb. 8, 19841
§60.6 Variances and exceptions.
(a) The Administrator does not set
forth absolute criteria for granting
variances from the criteria set forth in
§§60.3, 60.4, and 60.5. The issuance of a
variance is for flood plain management
purposes only. Insurance premium
rates are determined by statute accord-
ing to actuarial risk and will not be
modified by the granting of a variance.
The community, after examining the
applicant's hardships, shall approve or
disapprove a request. While the grant-
ing of variances generally is limited to
a lot size less than one-half acre (as set
forth in paragraph (a)(2) of this sec-
tion), deviations from that limitation
may occur. However, as the lot size in-
creases beyond one-half acre, the tech-
nical justification required for issuing
a variance increases. The Adminis-
trator may review a community's find-
ings justifying the granting of
variances, and if that review indicates
a pattern inconsistent with the objec-
tives of sound flood plain management,
the Administrator may take appro-
priate action under § 59.24(b) of this
subchapter. Variances may be issued
for the repair or rehabilitation of his-
toric structures upon a determination
that the proposed repair or rehabilita-
tion will not preclude the structure's
continued designation as a historic
structure and the variance is the min-
imum necessary to preserve the his-
toric character and design of the struc-
ture. Procedures for the granting of
variances by a community are as fol-
lows:
(1) Variances shall not be issued by a
community within any designated reg-
ulatory floodway if any increase in
flood levels during the base flood dis-
charge would result;
ATTACHMENT F
44 CFR Ch. 1 (10-1-08 Edition)
(2) Variances may be issued by a
community for new construction and
substantial improvements to be erected
on a lot of one-half acre or less in size
contiguous to and surrounded by lots
with existing structures constructed
below the base flood level, in conform-
ance with the procedures of paragraphs
(a) (3), (4), (5) and (6) of this section;
(3) Variances shall only be issued by
a community upon (1) a showing of
good and sufficient cause, (ii) a deter-
mination that failure to grant the vari-
ance would result in exceptional hard-
ship to the applicant, and (iii) a deter-
mination that the granting of a vari-
ance will not result in increased flood
heights, additional threats to public
safety, extraordinary public expense,
create nuisances, cause fraud on or vic-
timization of the public, or conflict
with existing local laws or ordinances;
(4) Variances shall only be issued
upon a determination that the variance
is the minimum necessary, considering
the flood hazard, to afford relief;
(5) A community shall notify the ap-
plicant in writing over the signature of
a community official that (1) the
issuance of a variance to construct a
structure below the base flood level
will result in increased premium rates
for flood insurance up to amounts as
high as $25 for $100 of insurance cov-
erage and (it) such construction below
the base flood level increases risks to
life and property. Such notification
shall be maintained with a record of all
variance actions as required in para-
graph (a)(6) of this section; and
(6) A community shall (i) maintain a
record of all variance actions, includ-
ing justification for their issuance, and
(ii) report such variances issued in its
annual or biennial report submitted to
the Administrator.
(7) Variances may be issued by a
community for new construction and
substantial improvements and for
other development necessary for the
conduct of a functionally dependent
use provided that (i) the criteria of
paragraphs (a)(1) through (a)(4) of this
section are met, and (ii) the structure
or other development is protected by
methods that minimize flood damages
during the base flood and create no ad-
ditional threats to public safety.
244
Federal Emergency Management Agency, DHS
(b)(1) The requirement that each
flood -prone, mudslide (i.e., mudflow)-
prone, and flood -related erosion prone
community must adopt and submit
adequate flood plain management regu-
lations as a condition of initial and
continued flood insurance eligibility is
statutory and cannot be waived, and
such regulations shall be adopted by a
community within the time periods
specified in §§60.3, 60.4 or §60.5. How-
ever, certain exceptions from the
standards contained in this subpart
may be permitted where the Adminis-
trator recognizes that, because of ex-
traordinary circumstances, local condi-
tions may render the application of
certain standards the cause for severe
hardship and gross inequity for a par-
ticular community. Consequently, a
community proposing the adoption of
flood plain management regulations
which vary from the standards set
forth in §§60.3, 60.4, or §60.5, shall ex-
plain in writing to the Administrator
the nature and extent of and the rea-
sons for the exception request and shall
include sufficient supporting economic,
environmental, topographic, hydro-
logic, and other scientific and tech-
nical data, and data with respect to the
impact on public safety and the envi-
ronment.
(2) The Administrator shall prepare a
Special Environmental Clearance to
determine whether the proposal for an
exception under paragraph (b)(1) of this
section will have significant impact on
the human environment. The decision
whether an Environmental Impact
Statement or other environmental doc-
ument will be prepared, will be made in
accordance with the procedures set out
in 44 CFR part 10. Ninety or more days
may be required for an environmental
quality clearance if the proposed ex-
ception will have significant impact on
the human environment thereby re-
quiring an EIS.
(c) A community may propose flood
plain management measures which
adopt standards for floodproofed resi-
dential basements below the base flood
level in zones Al -30, All, AO, and AE
which are not subject to tidal flooding.
Notwithstanding the requirements of
paragraph (b) of this section the Ad-
ministrator may approve the proposal
provided that:
§ 60.6
(1) The community has demonstrated
that areas of special flood hazard in
which basements will be permitted are
subject to shallow and low velocity
flooding and that there is adequate
flood warning time to ensure that all
residents are notified of impending
floods. For the purposes of this para-
graph flood characteristics must in-
clude:
(i) Flood depths that are five feet or
less for developable lots that are con-
tiguous to land above the base flood
level and three feet or less for other
lots;
(ii) Flood velocities that are five feet
per second or less; and
(iii) Flood warning times that are 12
hours or greater. Flood warning times
of two hours or greater may be ap-
proved if the community demonstrates
that it has a flood warning system and
emergency plan in operation that is
adequate to ensure safe evacuation of
flood plain residents.
(2) The community has adopted flood
plain management measures that re-
quire that new construction and sub-
stantial improvements of residential
structures with basements in zones Al -
30, AH, AO, and AE shall:
(i) Be designed and built so that any
basement area, together with attend-
ant utilities and sanitary facilities
below the floodproofed design level, is
watertight with walls that are imper-
meable to the passage of water without
human intervention. Basement walls
shall be built with the capacity to re-
sist hydrostatic and hydrodynamic
loads and the effects of buoyancy re-
sulting from flooding to the
floodproofed design level, and shall be
designed so that minimal damage will
occur from floods that exceed that
level. The floodproofed design level
shall be an elevation one foot above the
level of the base flood where the dif-
ference between the base flood and the
500 -year flood is three feet or less and
two feet above the level of the base
flood where the difference is greater
than three feet.
(ii) Have the top of the floor of any
basement area no lower than five feet
below the elevation of the base flood;
(iii) Have the area surrounding the
structure on all sides filled to or above
the elevation of the base flood. Fill
245
§ 60.7
must be compacted with slopes pro-
tected by vegetative cover;
(iv) Have a registered professional
engineer or architect develop or review
the building's structural design, speci-
fications, and plans, including consid-
eration of the depth, velocity, and du-
ration of flooding and type and perme-
ability of soils at the building site, and
certify that the basement design and
methods of construction proposed are
in accordance with accepted standards
of practice for meeting the provisions
of this paragraph;
(v) Be inspected by the building in-
spector or other authorized representa-
tive of the community to verify that
the structure is built according to its
design and those provisions of this sec-
tion which are verifiable.
[41 FR 46975, Oct. 26, 1976. Redesignated at 44
FR 31177, May 31, 1979, as amended at 48 FR
44543 and 44552, Sept. 29, 1983; 49 FR 4751, Feb.
8, 1984; 50 FR 36025, Sept. 4, 1985; 51 FR 30308,
Aug. 25, 1986; 54 FR 33550, Aug. 15, 1989]
§60.7 Revisions of criteria for flood
plain management regulations.
From time to time part 60 may be re-
vised as experience is acquired under
the Program and new information be-
comes available. Communities will be
given six months from the effective
date of any new regulation to revise
their flood plain management regula-
tions to comply with any such changes.
§ 60.6 Definitions.
The definitions set forth in part 59 of
this subchapter are applicable to this
part.
Subpart 13 -Requirements for State
Flood Plain Management
Regulations
§60.11 Purpose of this subpart.
(a) A State is considered a "commu-
nity" pursuant to §59.1 of this sub-
chapter; and, accordingly, the Act pro-
vides that flood insurance shall not be
sold or renewed under the Program un-
less a community has adopted adequate
flood plain management regulations
consistent with criteria established by
the Administrator.
(b) This subpart sets forth the flood
plain management criteria required for
State-owned properties located within
44 CFR Ch. 1 (10-1-08 Edition)
special hazard areas identified by the
Administrator. A State shall satisfy
such criteria as a condition to the pur-
chase of a Standard Flood Insurance
Policy for a State-owned structure or
its contents, or as a condition to the
approval by the Administrator, pursu-
ant to part 75 of this subchapter, of its
plan of self-insurance.
[41 FR 46975, Oct. 26, 1976. Redesignated at 44
FR 31177, May 31, 1979, as amended at 48 FR
44552, Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984]
§ 60.12 Flood plain management cri•
teria for State-owned properties in
special hazard areas.
(a) The State shall comply with the
minimum flood plain management cri-
teria set forth in §§60.3, 60.4, and 60.5. A
State either shall:
(1) Comply with the flood plain man-
agement requirements of all local com-
munities participating in the program
in which State-owned properties are lo-
cated; or
(2) Establish and enforce flood plain
management regulations which, at a
minimum, satisfy the criteria set forth
in §§60.3, 60.4, and 60.5.
(b) The procedures by which a state
government adopts and administers
flood plain management regulations
satisfying the criteria set forth in
§§60.3, 60.4 and 60.5 may vary from the
procedures by which local governments
satisfy the criteria.
(c) If any State-owned property is lo-
cated in a non -participating local com-
munity, then the State shall comply
with the requirements of paragraph
(a)(2) of this section for the property.
§ 60.13 Noncompliance.
If a State fails to submit adequate
flood plain management regulations
applicable to State-owned properties
pursuant to § 60.12 within six months of
the effective date of this regulation, or
fails to adequately enforce such regula-
tions, the State shall be subject to sus-
pensive action pursuant to §59.24.
Where the State fails to adequately en-
force its flood plain management regu-
lations, the Administrator shall con-
duct a hearing before initiating such
suspensive action.
[41 FR 46975, Oct. 26, 1976. Redesignated at 44
FR 31177, May 31, 1979, as amended at 48 FR
44552. Sept. 29, 1983; 49 FR 4751, Feb. 8, 19841
246