MOHAVE COUNTY FLOOD CONTROL ORDINANCE-2023

MOHAVE COUNTY FLOOD CONTROL ORDINANCE-2023

SECTION ONE
AUTHORITY

Article 1 Statutory Authorization

The legislature of the State of Arizona has, in Arizona Revised Statutes (“A.R.S.”) § 48-3601, et seq., (the “Statute”), delegated the responsibility to organize a county flood control district. Therefore, Mohave County, a body politic and corporate of the State of Arizona, (“Mohave County” or the “County”), through its Board of Supervisors (the “BOS”), under BOS Resolution Number 1814 dated August 15, 1983, formally established the Mohave County Flood Control District, a political subdivision of the State of Arizona (the “District”) pursuant to Statute.

Furthermore, the State of Arizona, through A.R.S. § 48-3603 through § 48-3628, has directed each flood control district, including this District, to govern its area of jurisdiction, and has conferred upon it, the powers and duties to, amongst other things, adopt and enforce regulations in keeping with the purposes of the Statute. The powers, duties, and immunities conferred have with them, the apparent intent to promote the public health, safety, and general welfare of the District’s property owners, its citizenry, and other persons.

Article 2 History and Effective Date 

Since its formation, the District, and BOS prior thereto, adopted Flood Control Regulations and/or Ordinances, including the following: by BOS Resolution 1258 dated January 30, 1978, recorded in the official records of the Mohave County Recorder on January 31, 1978 at Fee No. 78-2380, Book 440, Pages 549-560; Amended Floodplain Regulation dated May 17, 1982, recorded in the official records of the Mohave County Recorder May 26, 1982 at Fee No. 82-15940, Book 824, Pages 897-930 and adopted by the BOS/Floodplain Board Resolution No. 82-1, recorded in the official records of the Mohave County Recorder on May 26, 1982 at Fee No. 82-25939, Book 824, Pages 895-896; and thereafter adding authorization for Variance fees by Floodplain Board Resolution No. 83-5 adopted February 7, 1983, recorded in the official records of the Mohave County Recorder on February 9, 1983 at Fee No. 83-4815 Book 1075, Pages 113-114; thereafter the BOS/Floodplain Board adopting a Floodplain Ordinance by official action evidenced by Resolution No. 84-10 of July 16, 1984, recorded in the official records of the Mohave County Recorder on July 17, 1984 at Fee No. 84-26768, Book 1032, Pages 996-997 with final adoption of the Ordinance being on December 3, 1984, and recorded in the official records of the Mohave County Recorder on December 5, 1984 at Fee No. 84- 44346, Book 1075, Pages 77-114; thereafter Amendments to the Ordinance being adopted May 18, 1987 by Floodplain Board Resolution No. 87-3, recorded in the official records of the Mohave County Recorder on May 22, 1987 at Fee No. 87-20937, Book 1321, Pages 623-634; thereafter the Ordinance being amended by Floodplain Board action January 18, 1988 evidenced by Resolution No. 88-2, recorded February 3, 1988 in the official records of the Mohave County Recorder at Fee No. 88-4249, Book 1396, Pages 853-858; and re-recorded to include Exhibit “A: on March 8, 1988 at Fee No. 88- 8937, Book 1406, Pages 17-28; and thereafter being amended by Floodplain Board Resolution 88-3, dated October 3, 1988, recorded October 25, 1988 in the official records of the Mohave County Recorder at Fee No. 88-44890, Book 1479, Pages 679-680; and thereafter being modified by Floodplain Board Resolution No. 88-81, dated October 3, 1988, recorded October 25, 1988 at Fee No. 88-44891, Book 1479, Page 681; and thereafter the Ordinance being amended by Floodplain Board Resolution 93-2 dated May 3, 1993; thereafter the Mohave County Flood Control District Board adopting a Flood Control Ordinance by official action evidenced by Resolution No. 2000-05 of November 6, 2000, recorded in the official records of the Mohave County Recorder on November 7, 2000 at Fee No. 2000060847, Book 3617, Page 695-697, with the Mohave County Flood Control Ordinance-2000 recorded in the official records of the Mohave County Recorder on November 7, 2000 at Fee No. 2000060848, Book 3617, Page 698-742: thereafter an amendment to the Ordinance being adopted May 17,2004 by Mohave County Flood Control District Board Resolution 2004-02, recorded in the official records of the Mohave County Recorder on June 10, 2004 at Fee No. 2004053256, Book 5058, Page725-726; thereafter an amendment to the Ordinance being adopted May 19, 2014, by Mohave County Board of Supervisors Ordinance No. 2014-01, recorded in the official records of the Mohave County Recorder on July, 10, 2014, at Fee No. 2014030229

This Ordinance, known as “Mohave County Flood Control Ordinance-2023,” is for prospective use in lieu or in place of all prior regulations and ordinances. This Ordinance shall be effective from the date of final adoption unless expressly stated otherwise in the written Floodplain Board Resolution of Adoption. To satisfy the requirements or rights of adopting Flood Control Regulations, the Floodplain Board of Directors of the District does hereby adopt and ordain this Ordinance as set forth hereinafter:

Article 3 Basis for this Ordinance

The basis for the District adopting this Ordinance includes, without limitation, the following:

1. The County has geographical areas subject to periodic inundation and/or flooding that may, if uncorrected or unmitigated, result in damage to persons and/or property, loss of life and/or property, impaired health and safety, detrimental hazards, disruption of commerce, governmental services, and other essential services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which are adverse to the public health, safety, and general welfare of the County, District, their property owners, citizenry, or other persons.
2. Adverse impact and damage can be caused by the individual or cumulative effects of the occurrence of flood hazard in Special Flood Hazard Areas that increase flood heights and velocities, and/or by structures, which, when inadequately anchored, may and in probability will cause damages or losses in such Special Flood Hazard Areas (“SFHA”) or other areas. Structures and other appurtenances inadequately constructed to contend with and avoid or minimize flooding including, without limitation, being inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to the damages and losses.
3. There is a need for people owning properties with structures to be able to determine if their property falls within an SFHA as located on any of the current or historical Flood Hazard Maps as noted within this Ordinance, and to be able to obtain insurance to cover floodplain damage from periodic inundation or flooding losses that may occur.
4. The Federal Emergency Management Agency (FEMA), through its National Flood Insurance Program (NFIP) and the Arizona Department of Water Resources (ADWR) requires the District to amend its Flood Control Ordinance, which this Ordinance, when adopted, is intended to satisfy FEMA’s requirements.

Article 4 Statement of Purpose

It is the purpose of this Ordinance to comply with State requirements including A.R.S. § 48-3603(D)(E) and § 48-3609, Arizona Department of Water Resources minimum State Standards for Floodplain Management and the requirements of FEMA, including National Flood Insurance Program (“NFIP”) regulations (44 C.F.R. Ch. 1), as presently adopted and as hereafter may be adopted.

1. This Ordinance, in conjunction with the regulatory requirements of the latest edition of the Drainage Design Manual, including any Mohave County amendments, is intended to promote the public health, safety, and general welfare in relation to periodic inundations, particularly as to any SFHAs, as defined in Section 2 hereinafter, and minimize public and private losses due to flood conditions in specific areas by provisions of this Ordinance, which when fully complied with are designed to:
   1. Protect human life and health.
   2. Minimize expenditure of public money for costly Flood Control Projects.
   3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.
   4. Minimize prolonged business interruptions.
   5. Minimize flood damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in SFHAs.
   6. Help maintain a stable tax base by providing for the alternate use and development of SFHAs so as to minimize future flood damage.
   7. Maintain eligibility for state disaster relief.
   8. Protect the natural and beneficial function of the floodplains.
2. Neither this Ordinance nor any other legislative action or adoption by the District or the Floodplain Board shall be construed as superseding FEMA, NFIP, State of Arizona regulations, or any other laws or County adopted codes, nor shall this Ordinance be construed as being less restrictive than FEMA, NFIP, State of Arizona regulations, or County adopted codes.

Article 5 Methods of Reducing Flood Losses

In order to accomplish the purposes, this Ordinance includes methods and provisions for the following:

1. Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or Flood heights or velocities;
2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
3. Control the alteration of natural floodplains, stream channels, and constructed or natural protective barriers that help accommodate or channel flood waters;
4. Control filling, grading, dredging, and other development which may increase flood damage;
5. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas; and
6. Increase the awareness of the community citizenry and other persons about flood hazards and SFHAs by providing services to the community in the form of Property Floodplain Information, FEMA Floodplain maps and Flood insurance studies, and an ALERT Flood warning system.

Article 6 Reduction of Flood Insurance Premiums

It is the intent of this Ordinance to require the implementation of methods designed to reduce, minimize, or eliminate flood hazards and thereby, as possible, reduce flooding, adverse impact, flood damage, and thus reduce flood insurance premiums.

1. Compliance to the provisions of this Ordinance makes available federally subsidized flood insurance to Developments in Mohave County.¹
2. Compliance with this Ordinance provides participation in the Community Rating System (“CRS”) administered by FEMA, which may reduce flood insurance premiums by five percent (5%) when upgrading from a starting category of ten (10) to nine (9) and decreasing by another five percent (5%) for every category upgraded thereafter.²

^{1 This is a federal subsidization, which by a change in legislation, could be decreased or removed. Nonetheless, compliance with Ordinance terms and conditions should benefit property owners, occupants and other persons within SFHA’s.}

^{2 These computations are based on current legislation and are subject to change insofar as there is a change in the legislation.}

SECTION TWO
DEFINITIONS

SECTION TWO DEFINITIONS Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the meaning they have in common usage, and to give this Ordinance its most reasonable application. Words shall be interpreted to maintain the integrity and enforceability of this Ordinance. Some of the words or phrases defined below might not be used within this Ordinance, but are common terms used within the the flood industry.

Accessory structure: (Per FEMA Floodplain Management Bulletin P-2140) A structure that is on the same parcel of property as a principal structure, the use of which is incidental to the use of the principal structure, and is used for parking and/or storage, is small (representing a minimal investment by the owners), and has a low damage potential.

Administrative Procedures: Procedures based on FEMA policies for Administering Floodplain Management Regulations

Adverse Impact: Flood hazards resulting from development which diverts, retards, or obstructs the flow of water in any watercourse; threatens public health, safety, or the general welfare pursuant to A.R.S § 48-3609(B)(1); fails to protect the site from flood related erosion; and aggravates the existing flood related erosion hazards (44 C.F.R. § 60.5 (2023)). Also includes cumulative effect of a proposed or existing development, when combined with all other existing and anticipated developments, which will increase water surface elevation of the base flood more than one foot (1') at any point or which will create other conditions that result in flooding and flood damage.

Alluvial Fan: A geomorphologic feature characterized by a cone or fan shaped deposit of boulders, gravel and fine sediments that have been eroded from mountain slopes, transported by flood flows and then deposited in the valley floors and which is subject to flash flooding, high velocity flows, debris flows, corrosion, sediment movement and deposition, and channel migration.

Alluvial Fan Flooding: Flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high velocity flows, active processes of erosion, sediment transport and deposition, channel migration, and unpredictable flow paths.

Apex: A point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.

Appeal: A request for a review of the Floodplain Administrator's interpretation or determination of any provision of this Ordinance, a request for a variance or a request for a review of an order of the Floodplain Administrator for abatement or correction.

Appeal Board: Members of the Floodplain Board hearing matters of appeal.

Area of Shallow Flooding: A designated AO, AH, AR/AO, AR/AH, or VO zone on a Community’s FIRM with a one percent (1%) or greater annual chance of flooding to an average depth of one (1) to three (3) feet where a clearly defined channel does not exist, and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Arizona Department of Water Resources (ADWR): The State Coordinating Agency for the National Flood Insurance Program.

Base Flood: The flood having a one percent (1%) chance of being equaled or exceeded in any given year.

Base Flood Depth (BFD): The depth shown on the Flood Insurance Rate Map (FIRM) (or one foot above the highest adjacent grade if no depth is shown on the FIRM) for flood zone AO, which indicates the water surface depth resulting from a flood that has a one percent (1%) or greater chance of being equaled or exceeded in any given year.

Base Flood Elevation (BFE): The elevation shown on the FIRM, determined using the FEMA issued Flood Insurance Study (FIS), or determined/approved by the community based on best available elevation data, for Flood Zones AE, AH, and A, that indicates the water surface elevation resulting from a flood that has a one percent (1%) or greater chance of being equaled or exceeded in any given year.

Basement: Any area of a structure having its floor subgrade (below ground level) on all sides

Building: See “Structure (or Building).”

Channel Migration: Lateral movement of a watercourse channel.

Colorado River Base Flood Elevation: The flood elevation along the Colorado River having a one percent chance of being equaled or exceeded in any given year or a flow of forty thousand cubic feet per second (cfs), whichever is greater.

Colorado River Floodplain: Combined area of the Colorado River Floodway and the Colorado River Floodway Fringe.

Colorado River Floodway: The channel of the Colorado River and that part of the floodplain that is necessary to safely convey the floodway flow of a base flood consisting of controlled releases and tributary inflow, or a flow of forty thousand cfs, whichever is greater.

Colorado River Floodway Fringe: That area subject to inundation by floods of varying magnitudes, up to and including the floodway flow, but which is not required for the safe conveyance of the floodway flow and is not included in the computation of the Colorado River Floodway Base Flood Elevation.

Community: Any State, area, or political subdivision thereof or any Indian tribe or authorized tribal organization, or authorized native organization that has authority to adopt and enforce Floodplain Management Regulations for the areas within its jurisdiction, including Mohave County, Arizona.

Community Official (or Local Official): The Floodplain Administrator or their designee.

Community Rating System (CRS): A voluntary incentive program that recognizes and encourages community floodplain management activities that exceed the minimum NFIP requirements. As a result, flood insurance premium rates are discounted to reflect the reduced flood risk resulting from the community actions meeting the three goals of the CRS:

A. Reduce flood losses;
B. Facilitate accurate insurance rating; and
C. Promote the awareness of flood insurance.

Contour: A line of equal elevation on a topographic (contour) map.

Cross section: A graphical depiction of the stream and the floodplain at a particular point along the stream. It is taken at right angle to the flow of the stream.

Datum: A common vertical elevation reference point, usually in relation to sea level. North American Vertical Datum (NAVD) 1988, National Geodetic Vertical Datum (NGVD) 1929

Development (or New Development): Any person-made change to improved or unimproved real estate, including, but not limited to, buildings, structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of materials and equipment located, wholly or partially, within the SFHA.

Development Plan: The drawings, specifications, details, and other requirements for development.

District: Mohave County Flood Control District.

Drainage Design Manual (DDM): The latest edition of the DDM, including any Mohave County amendments, that has been approved and adopted by the Mohave County Board of Supervisors for addressing drainage design and storm water mitigation associated with development projects in Mohave County.

Dry Floodproofing (or Non-Residential Floodproofing): A combination of measures that results in structures, including attendant utilities and equipment, being watertight with all elements substantially impermeable to the entrance of floodwater and with structural components having the capacity to resist flood loads.

Elevation Certificate: An administrative tool of the National Flood Insurance Program (NFIP) that is used to provide elevation information necessary to ensure compliance with this Ordinance, to determine the proper insurance premium rate, and to support a request for a Letter of Map Amendment (LOMA) or Letter of Map Revision based on fill (LOMR-F).

Enclosure: That portion of a building that is below the residential lowest floor and is above ground.

Encroachment: The advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, flood-prone area, or watercourse, which may impede or alter the flow capacity of a floodplain, flood-prone area, or watercourse without being a permitted use as provided in this Ordinance.

Erosion: The process of the gradual wearing away of landmasses. This peril is not, per se, covered under the Program.

Erosion Hazard Setback: The distance that a structure which requires a building permit needs to be separated from the bank of an unlined wash or channel in order to minimize the effect of erosion. See Section 5 Article 8 for requirements.

Federal Emergency Management Agency (FEMA): The federal agency under which the National Flood Insurance Program (NFIP) is administered. In March 2003, FEMA became part of the newly created U.S. Department of Homeland Security.

Fill: The placement of fill material at a specified location to bring the ground surface up to a desired elevation.

Fill Material: Natural sand, dirt, soil and rock. For the purpose of Floodplain Management, fill material may include concrete, cement, soil cement, brick or similar material approved by the Floodplain Administrator on a case-by-case basis.

Flood (Flooding): A general and temporary condition of partial or complete inundation of normally dry land areas from:

1. The overflow of flood waters;
2. The unusual and rapid accumulation or runoff of surface waters from any source; and/or
3. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event that results in flooding as defined in this definition.

Flood Boundary and Floodway Map (FBFM): The official maps that were issued as a component of the Flood Insurance Study on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administration (FIA) has delineated both the areas of special flood hazards and floodway.

Flood Conveyance Capacity: Presumed water flow, which a floodplain, flood-prone area, or watercourse can convey in relation to a particular flooding event.

Flood Control Protective Work: The completion of any design, construction, or other method that is part of development to reduce, minimize, or eliminate flooding or flood conditions.

Flood Damage: Adverse impact to persons or property, real or perceived, including, but not limited to, structures.

Flood Elevation Data: Factual information and data used to establish Base Flood Elevation.

Flood Elevation Study: An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

Flood Hazard: The potential risk to life and limb and potential damage to property resulting from flooding. The degree of flood hazard varies with circumstances across the full range of floods.

Flood Hazard Boundary Maps (FHBM): Official maps first published for Mohave County on February 6, 1979, on which FEMA, under the Department of Housing and Urban Development, designates and/or delineates areas of flooding potentials and/or flood hazards, and any amended and/or successor maps thereto.

Flood Insurance Rate Maps (FIRM): Official maps effective March 15, 1982, and all subsequent changes or revisions on which FEMA designated and/or delineated both the areas of Flooding potential and/or Special Flood Hazards and the Risk Premium Zones applicable to the community, and any amended and/or successor maps thereto.

Flood Insurance Study (FIS): The official report provided by the FEMA that includes flood profiles, DFIRMS, Flood Insurance Rate Maps, Flood Boundary and Floodway Maps and the water surface elevation of the base flood.

Floodplain or Flood-Prone Area: Any land area susceptible to being inundated by water from any source. See also “Flood (Flooding).”

Floodplain Administrator (or District Administrator): A professional engineer, who is expressly designated or appointed by the Floodplain Board, and who is hereby authorized by the Floodplain Board to administer and implement the provisions of this Ordinance on behalf of the District.

Floodplain Board or District Board: Board of Directors of the Flood Control District of Mohave County, Arizona, at such times as they are engaged in the enforcement of this Ordinance, and of any other Laws.

Floodplain Management: The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

Floodplain Management Regulations: The latest edition of this Ordinance, including any Mohave County amendments, zoning ordinances, the DDM, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood prone areas. This term describes federal, state or local regulations in any combination thereof, which provide standards for preventing and reducing flood loss and damage.

Floodplain Use Permit (FUP): A discretionary permit setting forth requirements and conditions of the District and Floodplain Administrator for any person who is intending to cause development including, without limitation, new construction and substantial improvements within SFHAs.

Floodproofing: Any combination of structural and nonstructural additions, changes, or adjustments to structures that reduce, minimize or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.³ This is not expressed or implied warranty that flooding or flood damage will not occur.

Floodproofing Certification: Sealed and signed certification by an appropriate professional engineer on a form supplied by FEMA or the Floodplain Administrator.

Flood Protection: Requirements and acts for the development of lands including new construction and substantial improvements to reduce, minimize, or eliminate adverse impact from flooding or flood damage.

Flood Protection System: Physical structures or structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify floodplain or flood-prone areas to reduce, minimize or eliminate flooding in order to reduce the extent of the area within a community, which is subject to a Special Flood Hazards and the extent of the depths of associated flooding. Such Flood Protection Systems typically include: channelization, dams, reservoirs, levees, levee systems, or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.

Flood Related Erosion: The collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding.

^{3 Floodproofing of residential new construction and substantial improvements including any portion thereof, is
not an alternative to the requirements for lowest floor elevation to be at or above the RFE or RFD as the means of
elevation height compliance for residential structures.}

Flood Related Erosion Prone Area: Land within a community that is most likely to be subject to severe flood related erosion losses. The area may be designated as Zone E on a map. After a detailed evaluation of the Special Flood Hazards within a Special Flood Related Erosion Hazard Area, in preparation for publication of the FIRM or other map, Zone E may be further refined.

Flood Related Erosion Prone Area Management: Operation of an overall program of corrective and preventive measures for reducing Flood Related Erosion Damage, including, but not limited to, Emergency Preparedness Plans, Flood Related Erosion control works, and Floodplain Management Regulations.

Flood Damage-Resistant Materials: Any building product [material, component, or system] capable of withstanding direct and prolonged contact (contact for at least 72 hours) with floodwaters, without sustaining significant damage (any damage requiring more than cosmetic repair such as cleaning, sanitizing, and resurfacing). The Flood Control District can provide a list of acceptable materials.

Floodway: See “Regulatory Floodway.”

Floodway Fringe: That area of the floodplain on either side of the “Regulatory Floodway” where encroachment may be permitted.

Freeboard: An additional amount of height (e.g. 1-foot current State of Arizona requirement) above the base flood elevation or base flood depth used as a factor of safety in determining the level at which a structure's lowest floor (or bottom of structural frame for manufactured homes) must be elevated or floodproofed to be in accordance with State or community Floodplain Management Regulations.

Functionally Dependent Use: A use, which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long term storage or related manufacturing facilities.

Governing Body: Local governing unit, i.e., county or municipality, empowered to adopt and implement regulations to provide for the public health, safety, and general welfare of its citizenry. For purposes of this Ordinance shall be the Flood Control District Board, unless otherwise indicated.

Hardship: As related to Section 6 of this Ordinance, means the continuing existence of a unique condition causing an exceptional burden, prejudice, and damage that would result from a failure to grant the requested variance. The Governing Body requires that the variance be exceptional, unusual, and peculiar to the property involved, and not created or allowed by the applicant, current or past owner, or current or past user of the property. Mere economic or financial burden, prejudice, and damage alone are not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the approval or disapproval of one’s neighbors, likewise cannot qualify as or determine an exceptional burden, prejudice, and damage. If problems can be resolved through other means, without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended, a hardship shall not be determined to exist for the purpose of administering this Ordinance.

High-Risk Area: See Special Flood Hazard Area

Highest Adjacent Finished Grade: The highest finished ground elevation after construction next to the walls of a structure.

Highest Adjacent Natural Grade: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic Structure: Any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.
3. Individually listed on a State inventory of historic places in States with historic preservation programs that the Secretary of the Interior has approved; or,
4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
   1. By an approved State program as determined by the Secretary of the Interior; or,
   2. Directly by the Secretary of the Interior in States without approved programs.

Laws: All applicable federal, state, county, involved municipality or administrative agency laws, effective County Ordinances and Resolutions, and Court Decisions.

Levee: A person-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

Levee System: A Flood Protection System that consists of a Levee or Levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

Lowest Floor: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this Ordinance.

Manufactured Home: A structure, transportable in one or more sections, which is built on a permanent chassis and designed for use with or without a permanent foundation when attached to required utilities. The term Manufactured Home does not include a Recreational Vehicle.

Manufactured Home Park or Subdivision: A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.

Maps: FHBM, FBFM, FIRM or DFIRM for a community already issued by FEMA, or which may, subsequent to adoption of this Ordinance, be designated or issued by FEMA.

Market Value: For the purposes of this Ordinance, market value is the current value of a building or structure, excluding the land or other improvements on the parcel. This value is determined by one of the following methods:

A. Current year improvement value, as determined by the County Assessor, or
B. The value established by an Arizona certified or licensed independent appraiser, provided to the District.

Mean Sea Level: For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

National Flood Insurance Program (NFIP): The program of flood insurance coverage and floodplain management administered under the Act and applicable Federal regulations promulgated in Title 44 of the Code of Federal Regulations, Subchapter B.

Natural and Beneficial Functions of Floodplains: Includes, but is not limited to the following: natural flood and sediment storage and conveyance, water quality maintenance, groundwater recharge, biological productivity, fish and wildlife habitat, harvest of natural and agricultural products, recreation opportunities, and areas for scientific study and outdoor education.

New Construction: For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements and substantial improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of Floodplain Management Regulations or ordinances as first adopted by Mohave County on January 30, 1978 or other community and includes any subsequent improvements or substantial improvements to such structures.

New Development: See “Development (or New Development).”

Property Floodplain Information (PFI): A written report that states the effective FEMA Floodplain mapping designation of a parcel or structure.

Recreational Vehicle: A vehicle which is:

1. Built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a light duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Regulatory Flood Depth (RFD): An elevation one foot above the BFD.

Regulatory Flood Elevation (RFE): An elevation one foot above the BFE.

Regulatory Floodway: Channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

Remedy a Violation: To bring a structure or other development into compliance with State or local flood plain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this Ordinance or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development.

Repetitive Loss Structure: An NFIP-insured Structure that has had at least two paid flood losses of more than $1,000 each in any 10-year period since 1978.

Riverine: Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Setback: Distance from the bank or edge of a watercourse, as measured from the closest edge of the watercourse bank to the development site; the prescribed distance from the bank or edge of a watercourse required for a structure to be constructed for purposes of improved health, safety, and/or welfare.

Sheet Flow Area: See “Area of Shallow Flooding.”

Special Flood Hazard Area (SFHA): The land in the floodplain within a community subject to a 1 percent chance of flooding being equaled or exceeded in any given year. It is shown on a Flood Boundary and Floodway Map or Flood Insurance Rate Map as Zone A, AO, AE, or AH. This area may also be referred to as a High-Risk Area.

Start of construction: Includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. 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; or the placement of a manufactured home on a foundation. 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. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure (or Building): A walled and roofed building that is principally above ground, where walled is considered “two or more outside rigid walls” and roofed is “a fully secured roof.” The term includes gas or liquid storage tanks and manufactured homes.

Subdivision: Any real property, divided or being divided, as defined by A.R.S. § 32-2101, et seq., or its successor, and any land division subject to and/or submitted for review and recommendation by the County Planning or Zoning Commission or Municipal Planning & Zoning Commission (if applicable), and approved by the community’s Board of Supervisors or Council.

Substantial damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

Substantial Improvement: Construction, reconstruction, rehabilitation, structural repair, alteration, addition, replacement, placement, other change, modification, or improvement to real property and/or appurtenances thereupon including any structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the start of construction of the improvement. Any improvements made within a five (5) year period are cumulatively counted toward the substantial improvement calculation. This term includes structures that have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

1. Any project for development or improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and are the minimum necessary to assure safe living conditions or compliance with laws; or,
2. Any alteration of a Historic Structure, provided that the alteration will not preclude the structure's continued designation as a Historic Structure; any addition to a Historic Structure that is not included with the designation of Historic Structure is not excepted from the requirements that would otherwise be applicable to substantial improvements.

Variance: Grant of relief from the requirements of this Ordinance, which permits construction in a manner that would otherwise be prohibited by this Ordinance.

Violation: Failure of a structure or other development to be fully compliant with the community’s flood plain management regulations and in particular, this Ordinance. A structure or other development without the Elevation Certificate, other certifications, or other evidence of compliance required in this Ordinance, is presumed to be in violation until such time as documentation, evidencing compliance, is provided.

Violator: Person who causes or allows development to occur, including the placement of a structure, that is not in compliance with the community’s flood plain management regulations and in particular, this Ordinance.

Water surface elevation: The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

Watercourse: A lake, river, creek, stream, wash, arroyo, channel, or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

Watercourse Master Plan: A hydraulic plan for a watercourse that examines the cumulative impacts of existing development and future encroachment in the floodplain and future development in the watershed on potential flood damages, and establishes technical criteria for subsequent development so as to minimize potential flood damages for all flood events up to and including the one hundred (100) year flood.

Wet Floodproofing: The use of flood damage-resistant materials and construction techniques to minimize flood damage to structures by intentionally allowing floodwater to enter and exit automatically (without human intervention) to minimize unequal pressure of water on walls (called hydrostatic load or pressure). Wet floodproofing also requires structures to be anchored to resist floating, have mechanical and utility equipment elevated or protected, and have flood openings installed in walls.

Zone A: Areas with a 1% chance of flooding being equaled or exceeded in any given year and a 26% chance of flooding being equaled or exceeded over the life of a 30-year mortgage. Because detailed analyses are not performed for such areas; no depths or base flood elevations are shown within these zones.

Zone AE: The base floodplain where base flood elevations are provided. AE Zones are now used on new format FIRMs instead of A1-A30 Zones.

Zone AH: Areas with a 1% chance of shallow flooding being equaled or exceeded within any given year, usually in the form of a pond, with an average depth ranging from 1 to 3 feet. These areas have a 26% chance of flooding being equaled or exceeded over the life of a 30-year mortgage. Base flood elevations derived from detailed analyses are shown at selected intervals within these zones.

Zone AO: River or stream flood hazard areas, and areas with a 1% chance of shallow flooding being equaled or exceeded within any given year, usually in the form of sheet flow, with an average depth ranging from 1 to 3 feet. These areas have a 26% chance of flooding being equaled or exceeded over the life of a 30-year mortgage. Average flood depths derived from detailed analyses are shown within these zones.

Zone D: Areas with possible but undetermined flood hazards. No flood hazard analysis has been conducted. Flood insurance rates are commensurate with the uncertainty of the flood risk.

Zone X: Area of minimal flood hazard, usually depicted on FIRMs as above the 500-year flood level. Referred to as Zone C on historic FEMA flood maps.

Zone X (Shaded): Area of moderate flood hazard, usually the area between the limits of the 100-year and 500-year floods. Are also used to designate base floodplains of lesser hazards, such as areas protected by levees from 100-year flood, or shallow flooding areas with average depths of less than one foot or drainage areas less than 1 square mile. Referred to as Zone B on historic FEMA flood maps.

SECTION THREE GENERAL PROVISIONS

Article 1 Lands to Which this Ordinance Applies This Ordinance shall apply to all SFHAs, and as expressly stated herein or by laws otherwise, to watercourses within the boundaries of Mohave County as designated or prescribed by FEMA on FIRM panels, or best available information based on FEMA and applicable State standards, currently or hereafter, except those incorporated cities and towns which have adopted an alternative Resolution in accordance with A.R.S. § 48-3610.

Article 2 Basis for Establishing the Special Flood Hazard Areas The SFHAs identified by FEMA in a scientific and engineering report entitled “The Flood Insurance Study (FIS) for Mohave County, Arizona and Incorporated Areas,” dated November 18, 2009, with accompanying Flood Insurance Rate Maps (FIRMs) dated November 18, 2009, and the area of the Colorado River mapped by the U.S. Department of the Interior, Bureau of Reclamation and subject to provisions of Public Law 99-450, Colorado River Floodway Act dated October 1992, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this Ordinance. This FIS and attendant mapping is the minimum area of applicability of this Ordinance and may be supplemented by studies for other areas which allow implementation of this Ordinance and which are recommended to the Floodplain Board by the Floodplain Administrator. The Floodplain Board, within its area of jurisdiction, shall delineate (or may, by rule, require developers of land to delineate) areas where development is ongoing or imminent, and thereafter as development becomes imminent, Floodplains consistent with the criteria developed by FEMA and the Director of ADWR. The FIS and FIRM panels are on file at the Mohave County Flood Control District office, currently physically located at 3250 E. Kino Avenue, Kingman, AZ 86409.

Article 3 Compliance All development of land; construction, including new construction; substantial improvements, whether involving residential, commercial or industrial structures; or future development within any and all SFHAs are subject to the terms of this Ordinance and shall comply with this Ordinance in addition to other applicable laws.

A. Prohibited and Unlawful Acts. In addition to any other provision of this Ordinance, in accordance with A.R.S. § 48-3613 except as provided in A.R.S. § 48-3625 and in this Ordinance, a person shall not, and it is unlawful for any person to develop any property including, without limitation, the development or construction, including new construction or substantial improvements, of any structure that will divert, retard or obstruct the flow of waters in any watercourse without securing written authorization from the Board of the District in which the floodplain is located. Where the watercourse is a delineated floodplain, no development shall take place in the floodplain or flood-prone area without written authorization from the board of the district in which the floodplain is located. Violation of this Section shall be a Class 2 Misdemeanor, A.R.S. § 48-3615.

B. Remedies Regarding Unlawful Acts. In addition to other penalties or remedies otherwise provided by laws, the State of Arizona, a political subdivision or a person who may be damaged or has been damaged as a result of the unauthorized diversion, retardation or obstruction of a watercourse, has the right to commence, maintain and prosecute any appropriate action or pursue any remedy to enjoin, abate or otherwise prevent any person from violating or continuing to violate this Ordinance or other regulations adopted pursuant to A.R.S. Title 48, Ch. 21 or other applicable laws. If a person is found to be in violation of this Ordinance, the court shall require the violator to comply with this Ordinance or remove the obstruction and restore the Watercourse to its original state. The court may also award such monetary damages as are appropriate for payment by the violators to the injured parties resulting from the violation, including reasonable costs and attorney fees, including those of the District. [See without limitation Section 3, Articles 8 and 9 hereinafter.]

Article 4 Abrogation and Application of Greater Restrictions This Ordinance is not intended to repeal, abrogate, or impair existing easements, covenants, or deed restrictions. However, where this Ordinance and other laws or any dedication, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions, shall prevail.

Article 5 Interpretation In the interpretation and application of this Ordinance, all provisions shall be:

1. Considered as minimum requirements.
2. Liberally construed in favor of the Governing Body.
3. Deemed neither to limit nor repeal any other powers granted under the State of Arizona Statutes or other applicable laws.
4. Whenever the context so requires, the appropriate gender, be it masculine, feminine, or neuter shall be implied, and the singular includes the plural and vice versa. This Ordinance shall not be construed to defeat its intents or to negate its enforcement, and it shall be construed to allow its continuation and enforceability.

Article 6 Warning and Disclaimer of Liability The degree of flood protection required by this Ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by person-made or natural causes. This Ordinance does not imply that land outside the SFHA or permitted uses within such SFHAs will be free from flooding, flood damages, or other adverse impact. This Ordinance shall not create liability on the part of the District, Mohave County, their directors, officers, agents, officials, employees thereof, or the State of Arizona, FEMA, or other agencies for any flood damage that may result from reliance on this Ordinance or any administrative decision lawfully made thereunder.

This Ordinance provides minimum requirements for compliance with the NFIP. The actual measures required to assure that owners, occupants, or other persons are protected against flooding or to provide floodproofing, may be in addition to these requirements and remains the responsibility of the owner, land users and/or developers.

In addition, nothing to the contrary withstanding, full and sole responsibility for compliance with this Ordinance, and for developing all other appropriate flood control protective work and the protection and safety measures associated therewith, remain with the land owners, land users and/or developers, together with their agents, officers, directors, and employees.

Article 7 Statutory Exemptions

A. In accordance with A.R.S. § 48-3609(I), unless expressly provided, this and any regulation adopted pursuant to this section does not affect:

1. Existing legal uses of property or the right to continuation of such legal use. However, if a nonconforming use of land or a building or structure is discontinued for twelve months or destroyed to the extent of fifty per cent (50%) or more of its value, as determined by a competent Arizona licensed or certified appraiser, any further use shall comply with A.R.S. Title 48, Ch. 21, this Ordinance, and other applicable laws.
2. Reasonable repair or alteration of property for the purposes for which the property was legally used on August 3, 1984, or on the date any regulation affecting such property takes effect, except that any alteration, addition or repair to a nonconforming building or structure which would result in increasing its flood damage or adverse impact potential by fifty percent (50%) or more of its value, as prescribed in Section 3 Article 7(A)(1) hereinabove, shall be either floodproofed (allowed primarily for nonresidential structures) and/or its lowest floor elevated to or above the RFE or RFD (required for any residential structure).
3. Reasonable repair of structures constructed with the written authorization required by A.R.S. § 48-3613.
4. Development, including facilities or structures, constructed or installed pursuant to a certificate of environmental compatibility issued pursuant to A.R.S. Title 40, Ch. 2, Art. 6.2.

B. Before the following types of construction, authorized by A.R.S. § 48-3613(B) begin, the responsible person must submit plans for the construction to the Floodplain Board for review and comment pursuant to A.R.S. § 48-3613(C):

1. The construction of bridges, culverts, dikes and other structures necessary for the construction of public highways, roads and streets intersecting or crossing a watercourse.
2. The construction of storage dams for watering livestock or wildlife and structures on banks of a watercourse to prevent erosion of or damage to adjoining land if the structure will not divert, retard or obstruct the natural channel of the watercourse or dams for the conservation of flood waters as permitted by A.R.S. Title. 48, Ch. 21 and A.R.S. Title. 45, Ch. 6.
3. Construction of tailing dams and waste disposal areas for use in connection with mining and metallurgical operations. This paragraph does not exempt those sand and gravel operations which will divert, retard or obstruct the flow of waters in any watercourse from complying with and acquiring authorization from the Floodplain Board pursuant to regulations adopted by the Floodplain Board under A.R.S. Title. 48, Ch. 21.
4. Other construction which complies with the requirements of this Ordinance and laws, if it is determined by the Floodplain Board that written authorization is unnecessary. The Floodplain Board authorizes the Floodplain Administrator to make that determination.
5.  Any community including, without limitation, the District, County, city, town, or other political subdivision which is exercising powers granted to it under A.R.S. Title. 48, Ch. 21, Article 1.
6. The construction of streams, waterways, lakes and other auxiliary facilities in conjunction with development of public parks and recreation facilities by a public agency or political subdivision.
7. The construction and erection of poles, towers, foundations, support structures, guy-wires, and other facilities related to power transmission, as constructed by any utility, whether a public service corporation or a political subdivision.

C. Before any construction authorized by Section 3, Article 7(B) of this Article may begin, the responsible person must submit plans for the construction to the Floodplain Board for review and comment.

D. In accordance with A.R.S. § 48-3613(D), in addition to other penalties or remedies otherwise provided by law, this state, a political subdivision or a person who may be damaged or has been damaged as a result of the unauthorized diversion, retardation, or obstruction of a watercourse, has the right to commence, maintain, and prosecute any appropriate action or pursue any remedy to enjoin, abate, or otherwise prevent any person from violating or continuing to violate this section or regulations adopted pursuant to A.R.S. Title 48, Ch. 21, Article 1. If a person is found to be in violation of this Section, the court shall require the violator to either comply with this Section if authorized by the Floodplain Board or remove the obstruction and restore the watercourse to its original state. The court may also award such monetary damages as are appropriate to the injured parties resulting from the violation including reasonable costs and attorney fees.

Article 8 Declaration of Public Nuisance All development, including new construction and substantial improvements, and including, without limitation, every new structure, addition, building, fill, excavation or development located or maintained within SFHAs after August 8, 1973, in violation of this Ordinance or A.R.S. Title. 48, Ch. 21, is a public nuisance per se and may be abated, prevented, or restrained by action of the County, the District, or otherwise as permitted by laws including, without limitation, action of the Floodplain Board and as authorized herein or otherwise action of the Floodplain Administrator.

Article 9 Violations, Corrections, and Abatements Any and all noncompliance with, or violations of, the requirements of this Ordinance, shall be corrected or abated as provided herein, as otherwise provided by laws, or, as applicable, be prosecuted under the A.R.S. Criminal Statutes. [Also see Section 3, Article 3 hereinabove]

A. Owner’s Correction of Violations. Owners, occupants, and other violators shall immediately and in any event within thirty (30) days of the owner’s, occupants, and/or other responsible person’s awareness of a violation from any source, or in any event within thirty (30) days of the owners, occupants, and/or other responsible persons being given notice by the Floodplain Administrator or his designated representative of any violation, such owners, occupants, and/or other responsible persons, shall fully correct or abate such violations. Responsibility and/or liability is jointly and severally that of the owner, occupant and/or other violators or responsible persons.

B. Notice of Violation. As soon as practicable after the discovery of a violation, including public nuisances, the Floodplain Administrator shall give a written notice and reasonable amount of time, but in any event not longer than thirty (30) calendar days, to the owner of the property on which the violation has occurred, as well as to any other persons as to whom responsibility is being asserted, to fully correct the violation. All Notices shall be served either (1) in person by the Floodplain Administrator or his designee; or (2) by posting the property in a conspicuous location and by sending a copy of the notice by both certified mail and regular mail to the owner at their last known address of record. A copy of any such notice shall be provided to the County Attorney.

C. If the owner or other persons fails to achieve the correction of the violation, the Floodplain Administrator shall act as otherwise permitted in this Ordinance or other laws to cause correction or abatement.

D. If compliance, including full correction or abatement, is not forthcoming from the owner or other persons after the Notice per Section 3, Article 9(B), the Floodplain Administrator shall forward the matter to the County Attorney, including a full report as to the apparent violation, as basis appears existent. The County Attorney shall issue a second Notice of Violation to the owner and other responsible persons and demand correction of the violations within ten (10) calendar days.

E. After the ten (10) days contained within the County Attorney’s demand, the Floodplain Administrator shall make a factual determination as to whether or not the violation has been fully corrected or abated. At that time, if full correction and/or abatement has not occurred, and if no agreement has been reached with the property owner or other responsible person for abatement or correction, the Floodplain Administrator shall submit a report to the Floodplain Board and County Manager, which shall include all information available to the Floodplain Administrator which is pertinent to said violation. Within thirty (30) days of receipt of this report, the Floodplain Board shall agendize such matters and shall:

1. Take any necessary action to affect the abatement or correction of such violation; or
2. Order the owner and, as applicable, any other occupant of the property upon which the violation exists to provide whatever additional information may be required for their determination. Such information must be provided by the owner to the Floodplain Administrator within fifteen (15) days of such order, and the Floodplain Administrator shall submit an amended report to the Floodplain Board within thirty (30) days. At their next regularly scheduled meeting, the Floodplain Board shall hear the report and consider the abatement of said violation.

F. If correction or abatement is not made by the owner or other responsible persons, in compliance with a Floodplain Board Order, the Floodplain Board, directly or through the Floodplain Administrator or other designated representative, shall submit a declaration for denial of insurance to FEMA, stating the property is in violation of this Ordinance or other cited laws pursuant to Section 1316 of the National Flood Insurance Act of 1968 as amended. This declaration may be recorded by the District in the official records of the Mohave County Recorder and released only upon full abatement or correction of the violation, or upon the issuance of a variance under this Ordinance, to fully resolve all violations.

G. Prosecution. As addition to other remedies, as provided herein or as otherwise permitted by laws, any violator may also be prosecuted, and if convicted, subject to fine, imprisonment, injunctive order as to the offender and restitution to damaged persons, all as permitted by laws including, without limitation, the A.R.S. Criminal Code.

Article 10 Severability This Ordinance and the various parts thereof are hereby declared to be severable. Should any section of this Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole, or any portion thereof, other than the section so declared to be unconstitutional or invalid.

SECTION FOUR
ADMINISTRATION

Article 1 Establishment of Floodplain Use Permit (FUP)

A. Information and Certification. An FUP shall be applied for by the owner or owner's agent and thereafter be obtained from the District before construction or development begins, including but not limited to, the placement of any structure, new construction, substantial improvements, manufactured homes and/or modular structures within SFHAs established herein. An owner shall apply for an FUP with the District on forms furnished by the Floodplain Administrator. The Floodplain Administrator may require the applicant to provide, but need not be limited to, plans in duplicate, drawn to scale, showing the nature, location, dimensions, and elevation of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

1. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures. In Zone AO, elevation of existing highest adjacent natural grade and proposed elevation of lowest floor of all structures;
   1. Field information including topographic details deemed necessary for determination per Section 4, Article 3(A).
   2. The name, address, phone numbers, email address and fax numbers of the engineer or surveyor being employed or contracted with by the owner for design or evaluation purposes, including the preparation of an Elevation Certificate.
2. Proposed floodproofing information such as:
   1. Proposed elevation in relation to mean sea level to which any non-residential structure will be floodproofed;
   2. Certification by a professional engineer or architect that the floodproofing methods, for any nonresidential structure, meet the floodproofing criteria in Section 5, Article 1(C).
3. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
4. Any additional information deemed reasonably necessary by the Floodplain Administrator for making a determination of requirements as set out in DDM for an FUP or whether or not to issue an FUP.
5. Base flood elevation data for subdivision proposals or other development greater than 50 lots or 5 acres in area.

B. Issuance of an FUP
The District may issue an FUP with the conditions and requirements deemed necessary to implement this Ordinance or other applicable laws. Alternatively, the District may refuse to issue an FUP and deny development within an SFHA including, without limitation, within a watercourse, so as to reasonably implement the provisions of this Ordinance and other applicable laws.

C. FUP and Fee

1. Prior to any development within an SFHA, the owner or the owner’s agent shall apply for and must receive an FUP.
2. An FUP application fee of Fifty Dollars ($50.00) will be charged for every FUP issued. When applicable, a refund of the application fee shall be in accordance with A.R.S. § 48-3645.

D. FUP EXPIRATION
The FUP will automatically expire if start of construction has not occurred within one (1) year of permit issuance unless an extension has been requested in writing and acknowledged by the District.

E. The rights and responsibilities under an FUP are non-delegable and cannot be transferred without the written authorization of the District. An FUP cannot be obtained without the express written consent and agreement of the owner of the land for which the FUP is sought.

F. Issuance of a Property Floodplain Information (PFI) Report
A PFI report is required to be obtained and submitted with any permit application. When the District is requested to provide PFIs, based on the FEMA Flood Insurance Rate Map, such requests shall be handled in the following manner:

1. Upon request, the District will review the parcel and may request additional information. If it is determined that the proposed development will not be within an SFHA, a PFI will be provided by the District within a reasonable time. If it is determined that the proposed development will be within an SFHA, in order to comply with FEMA elevation certificate requirements, the District may request additional documentation before the PFI report can be provided, including but not limited to:
   1. A detailed plot plan showing the exact location of the proposed structure on the parcel with at least four (4) natural ground elevations - adjacent to the proposed structure - provided by a professional surveyor or engineer.
   2.  A plan or document, reviewed and approved by the District, showing how the flood control requirements for the proposed structure will be met.
      Documentation requirements may vary depending on the type of structure and other circumstances and are at the discretion of the Floodplain Administrator or their designee.

2. No fee will be charged for a PFI per Flood Control Board resolution 2004-02.

G. Issuance of a Pre-Permit Elevation Report
Whenever a structure is being built or placed in an SFHA that requires elevation, wet floodproofing, or dry floodproofing, prior to issuing a PFI report, the District will provide a Pre-Permit Elevation report. This report is based on the detailed plot plan submitted and will provide the exact minimum elevation requirement (RFE or RFD) for:

1. the lowest floor of non-manufactured home structures being elevated and the elevation or dry floodproofing of machinery or equipment servicing the structure;
2. the bottom of the structural frame for manufactured homes and the elevation or dry floodproofing of machinery or equipment servicing the structure;
3. the use of flood-resistant materials when wet floodproofing and the elevation or dry floodproofing of machinery or equipment servicing the structure; or
4. dry floodproofing structural requirements.

Article 2 Designation of the Floodplain Administrator
A professional engineer, appointed by action of the Floodplain Board shall serve as the Floodplain Administrator to administer, implement, and enforce this Ordinance, including granting or denying of Development permits in accordance with the provisions of this Ordinance and other applicable laws. In addition, the Floodplain Board may make separate appointments for the General Manager and for the Chief Engineer as prescribed by A.R.S. § 48-3603(14).

Article 3 Duties and Responsibilities of the Floodplain Administrator

A. PERMIT REVIEW
Review all Development permits, including any applications for FUPs to:

1. Reasonably determine that the permit requirements of this Ordinance have been satisfied..
2. Inform the owner or developer that other State and Federal permits may be required including, without limitation, Section 404 of the Federal Water Pollution Control Act Amendment of 1972 and subsequent amendments [33 USC 1334].
3. To inform the owner and/or developer that they are responsible to assure that the structures will be reasonably safe from Flooding, which may require more stringent requirements than those stated in the FUP, this Ordinance, or other laws.
4. Reasonably determine that the proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For the purpose of this Ordinance, “adversely affect” means that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point.

B. SUBSTANTIAL IMPROVEMENT AND SUBSTANTIAL DAMAGE PROCEDURES
Review all development permits for improvements and/or damages to existing structures to determine if the application of the substantial improvement rules apply, including the established definition of market value determination and verify that the estimated improvement and/or repair costs are less than 50% of the market value of the structure.

C. USE OF OTHER BASE FLOOD DATA
When base flood elevation data has not been provided in accordance with Section 3, Article 2, the Floodplain Administrator shall obtain, review, and reasonably use any base flood elevation data available from a Federal, State or other source, in order to administer this Ordinance including, without limitation, Section 5. Any such information shall be consistent with the requirements of FEMA and the Director of ADWR, and shall be approved by the Floodplain Administrator, either on an individual parcel basis, or as a pre-approved methodology. Such other source information may include requiring the developer to provide engineered estimated base flood elevation data for each lot being created within an SFHA.

D. OBTAIN AND MAINTAIN
Obtain and maintain for public inspection, and make available as needed for flood insurance policy information and document requests, the following:

1. The FEMA Finished Construction Elevation Certificate required in Section 5, Article 1(C).
2. The floodproofing certification required in Section 5, Article 1(C)(3)(c).
3. The engineered flood opening information required in Section 5, Article 1(C)(4)(c)(iii).
4. The elevation certification required for additional development standards, including subdivisions, in Section 5, Article 4(A)(2).
5. The floodway encroachment certification required in Section 5, Article 7(A).
6. A record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the FEMA.
7. Substantial improvement calculations.

E. NOTIFICATION OF OTHER ENTITIES
Whenever a watercourse is to be altered or relocated:

1. Notify adjacent communities and the appropriate State agency, including ADWR, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to FEMA when such alteration or relocation affects any SFHA.
2. Require that the flood conveyance capacity of the altered or relocated portion of said watercourse is achieved without any adverse impact.
3. Within one hundred twenty (120) days after completion of construction of any flood protection system, which changes the rate of flow during a flood or the configuration of the floodplain or flood-prone area upstream or downstream from or adjacent to the development, the person or agency responsible for installation of the development, shall provide to the governing bodies of all jurisdictions affected by the development, a new delineation of all floodplains affected by the development. The new delineation shall be done in accordance to the criteria adopted by the Director of ADWR.
4. Base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable but not later than six months after the date such information becomes available, the Floodplain Administrator shall notify FEMA of the changes by submitting technical or scientific data in accordance with Volume 44 Code of Federal Regulations section 65.3. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.
5. Advise any city or town which has assumed jurisdiction over its floodplains or flood-prone areas, in accordance with A.R.S. § 48-3610, in writing and provide a copy of any development plan, of any application for FUP, or variance to develop land in a floodplain or floodway within one (1) mile of corporate limits of such city or town. The District shall also advise such city or town in writing and provide a copy of any development plan of any major development proposed within a floodplain, flood-prone area, or floodway which could affect floodplains, flood-prone areas, floodways, or watercourses within such city's or town's area of jurisdiction. Written notice and a copy of the development plan shall be sent to such city or town within three working days after having been received by the District.
6. Notify FEMA and Director of ADWR of acquisition by means of annexation, incorporation, or otherwise, of additional or reduced areas of jurisdiction.

F. MAP DETERMINATIONS
Make interpretations where needed, as to the exact location of the boundaries of the SFHAs (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given reasonable opportunity to appeal the interpretation as provided in Section 6.

G. REMEDIAL ACTIONS
Take actions on violations of this Ordinance as required in Section 3, Article 9 herein.

H. COLORADO RIVER FLOODWAY REQUIREMENTS
Assure that proposals for development in the Colorado River Floodway and in the Colorado River Floodway Fringe meet the additional requirements described in Section 7, including the review and concurrence by the U.S. Bureau of Reclamation before any proposed development in the Colorado River Floodway is permitted.

I. ELEVATION CERTIFICATE AUDIT COMPLETION
During an official review of FEMA Finished Construction Elevation Certificates, if it is determined that there is a missing FEMA Finished Construction Elevation Certificate for an accessory structure being wet floodproofed, that only requires Section E to be completed, a community official, as defined in Section 2, may complete and sign the FEMA Finished Construction Elevation Certificate. This is the only instance where a professional surveyor or engineer is not required to certify.

SECTION 5
PROVISIONS FOR FLOOD HAZARD REDUCTION
In all SFHAs, the following shall apply:

Article 1 Standards of Construction
For all construction, and as additions but not reductions of other standards or requirements of laws, the following standards are required:

A. ANCHORING

1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
2. All manufactured homes shall meet the anchoring standards of Section 5, Article 5(B).

B. CONSTRUCTION MATERIALS AND METHODS

1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage;
2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage;
3. All new construction and substantial improvements and other proposed new development shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;
4. Within Zones AH or AO, adequate drainage paths shall be constructed around structures on slopes to guide flood waters around and away from proposed or existing structures.

C. ELEVATION AND FLOODPROOFING

1. New construction or substantial improvement of any structure (except manufactured homes, see Section 5, Article 5) in Zone AO shall have the lowest floor, including basement, at or above the RFD. Nonresidential (Commercial or Industrial) structures may meet the standards in Section 5, Article 1(C)(3) and Article 1(C)(4). Accessory structures (600 square feet or less) may meet the standards in Section 5, Article 1(C)(5).
   1. A garage attached to a residential structure, constructed with the garage floor slab below the RFD, must be designed to meet or exceed the wet floodproofing requirements outlined in Section 5, Article 1(C)(4).
   2. Prior to the completion of any foundation (e.g. pouring of a slab), a professional surveyor or engineer must sign and seal the District provided Elevation Certificate Inspection Card certifying that the lowest floor elevation will be elevated to or above the RFD provided on the FUP.
   3. Upon the completion of the structure or other modifications or additions thereto, the elevation of the lowest floor, including basement, shall be certified by a professional surveyor or engineer and the original sealed and signed copy of a FEMA Finished Construction Elevation Certificate shall be provided to the District for verification.
2. New construction or substantial improvement of any structure (except manufactured homes, see Section 5, Article 5) in Zones A, AE or AH, shall have the lowest floor elevated to or above the RFE. Nonresidential (Commercial or Industrial) structures may meet the standards in Section 5, Article 1(C)(3) and Article 1(C)(4). Accessory structures (600 square feet or less) may meet the standards in Section 5, Article 1(C)(5).
   
   1. A garage attached to a residential structure, constructed with the garage floor slab below the RFE, must be designed to meet or exceed the wet floodproofing requirements outlined in Section 5, Article 1(C)(4).
   2. Prior to the completion of any foundation (e.g. pouring of a slab), a professional surveyor or engineer must sign and seal the District provided Elevation Certificate Inspection Card certifying that the lowest floor elevation will be elevated to or above the RFE provided on the FUP.
   3. Upon the completion of the structure or other modifications or additions thereto, the elevation of the lowest floor, including basement, shall be certified by a professional surveyor or engineer and the original sealed and signed copy of a FEMA Finished Construction Elevation Certificate shall be provided to the District for verification.
3. Nonresidential construction (Commercial or Industrial) shall either be elevated in conformance with Section 5, Article 1(C)(1), or Article 1(C)(2), or the structure, together with attendant utility and sanitary facilities, shall:
   1. Be dry floodproofed so that below the RFE or RFD, the structure is watertight with walls substantially impermeable to the passage of water. This is not to be construed as permitting, promising, or otherwise allowing subgrade structures, including basements, for new construction or substantial improvements, except as expressly stated in this Ordinance to the contrary.
   2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
   3. A FEMA Floodproofing Certificate, certified by a professional engineer or architect, shall be provided to the District for verification that the standards of this section are satisfied.
4. All new construction or substantial improvement of nonresidential structures (Commercial or Industrial) requires fully enclosed areas below the lowest floor, that are subject to flooding (other than a basement), usable solely for parking of vehicles, building access, or storage, shall be designed to meet or exceed the following wet floodproofing criteria:
   1. Shall be anchored to resist flotation, collapse, and lateral movement.
   2. Shall be built using flood damage-resistant materials up to or above the RFE or RFD.
   3. Shall have a minimum of two openings, on different sides of each enclosed area, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.
      1. The bottom of all openings shall be no higher than one foot above grade. Any area of an opening located above the RFE or RFD will not count toward the total net area requirement outlined in this section.
      2. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters; however, the net area of opening calculated in this section may be reduced by any permanently affixed coverings.
      3. Engineered openings (or covers and devices):
         1. Shall be specifically designed and certified by a professional engineer or architect as meeting the required performance and design requirements, or
         2. Shall be supported by an Evaluation Report by the International Code Council (ICC) Evaluation Service, Inc. (ICC-ES), a subsidiary of the International Code Council, Inc.
   4. Any machinery or equipment servicing the structure must be elevated or dry floodproofed to or above the RFE or RFD.
   5. A plan outlining conformance with the requirements of this section shall be submitted to the District prior to issuance of a PFI and proof of compliance with the requirements outlined in this section shall be documented on the FEMA Finished Construction Elevation Certificate submitted for the structure.
5. Accessory structures (600 square feet or less) (Per FEMA Floodplain Management Bulletin P-2140) may be constructed such that its lowest floor is below the RFE or RFD, if the following criteria are met:
   1. The structure must be incidental to a principal structure on the same property.
   2. Use of the accessory structure must be limited to parking and/or storage.
   3. Must meet or exceed the wet floodproofing requirements outlined in Section 5, Article 1(C)(4).
   4. Upon the completion of the structure or other modifications or additions thereto, the requirements outlined in this section shall be certified by a professional surveyor or engineer and the original sealed and signed copy of the FEMA Finished Construction Elevation Certificate shall be provided to the District for verification.
   5. Accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in Section 5, Article 1.
6. Walls
   1. Above-grade walls shall have openings equivalent to at least 128 square inches (standard cinder block size) located not more than one (1) foot above the adjacent grade for every ten (10) linear feet of wall to allow for passage of floodwaters and reduce hydrostatic pressure on the wall.
   2. Retaining walls with backfill up to or above the RFE or RFDs do not require any flood openings, but must comply with all provisions of Section 5, Article 1.
   3. Flood Control District may require additional mitigation based on site specific conditions.
7. Ground-Mounted Solar
   1. The bottom of each panel must be at or above the RFE or RFD.
   2. The panel support system may require review and approval by the Flood Control District Engineer or designee.
8. Fuel, Gas and Liquid Storage Tanks
   1. Above-Ground Installation
      1. Elevation. If it is determined the tank will be located in an area identified to have velocity flow, then elevation of the tank will be required. Elevate the tank on a platform or structural fill that places the tank above the RFE or RFD. The tank shall be anchored to the platform and the platform must be designed to withstand the forces of velocity flow, erosion, and wind hazards.
      2. Anchored. If it is determined the tank will NOT be located in an area identified to have velocity flow, then the tank must either be elevated as outlined in Section 5, Article 1(C)(8)(a), OR can be mounted below the RFE or RFD, if it is secured against flotation and lateral movement. To secure the tank, it must be mounted and strapped onto a concrete slab or to earth augers in such a way as to withstand the buoyancy force expected during inundation and the lateral forces expected with wind and water.
      3. Fill openings, outlets, vents and cleanouts must either be elevated above the RFE/RFD or designed to prevent the entry of floodwater and the loss of contents during flooding.
      4. Controls for electrified equipment should be elevated above the RFE or RFD and electric service must be supplied by branch circuits that have GFCI protection.
   2. Underground Installation
      Shall be anchored to resist floatation and meet all other applicable requirements of Section 5, Article 1(C)(8)(a).
      
      Plans for any storage tank installation in the SFHA shall be submitted to and approved by the District engineer prior to issuance of the FUP.
9. Setbacks
   1. In addition to other setbacks required by laws, additional setbacks, including setbacks from watercourse banks, may be required by the Floodplain Board, upon recommendation of the Floodplain Administrator.
   2. See Section 5, Article 8 for erosion hazard setback requirements.

Article 2 Standards for Storage of Materials and Equipment
In addition to other requirements or laws, the following standards shall apply:

A. The storage or processing of materials that are, in time of flooding, buoyant, flammable, explosive, or could be injurious to human, animal, or plant life, is prohibited.

B. Storage of other material or equipment may be allowed if not subject to damage by floods and if firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning.

Article 3 Standards for Water Supply and Waste Disposal Systems
In addition to requirements of laws, the following standards shall apply:

A. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters.

B. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

C. Waste disposal systems shall not be installed wholly or partially in a regulatory floodway. In addition, sewer treatment plants and public or community septic systems shall not be installed wholly or partially in a designated floodplain or flood-prone area.

Article 4 Additional Development Standards, Including Subdivisions

A. All new subdivision proposals and other proposed development (including proposals for manufactured home parks and subdivisions), greater than 50 lots or 5 acres, whichever is the lesser, shall meet the policies and standards in the latest edition of the DDM, including any Mohave County amendments, and:

1. Identify the area of the SFHA and the elevation of the base flood.
2. Identify, on the final plans, the elevations of the proposed structures and pads. If the site is filled above the base flood elevation, the final lowest floor and grade elevations shall be certified by a professional surveyor or engineer and provided to the District.

B. All final subdivision plans will provide base flood elevations for each lot and lowest floor elevations for each of the proposed structures certified by a professional engineer. Such shall have the lowest floor, including any basement, at or above regulatory flood elevation. If the site is filled above the base flood, the final lowest floor and pad elevation shall be certified by professional surveyor or engineer as being above base flood elevation. Such certification shall be provided to the Floodplain Administrator. Subdivisions will be designed in accordance with the current adopted Mohave County ordinances, standards, regulations and codes. The subdivision plan will also show conclusively how the flows will be handled and how they will enter and exit the development without adverse impact upon adjacent, upstream and downstream properties.

C. All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage and shall provide for such.

D. All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.

E. All subdivisions and other proposed development shall be designed to provide adequate drainage to reduce or minimize exposure to flood hazards.

F. Any and all subdivision and other development plans that may, or appear to, alter an SFHA, including the floodplain characteristics and including increases or decreases in base flood elevations, resulting from physical changes or proposed physical changes affecting flooding, shall be submitted to FEMA through the District and its Floodplain Administrator per NFIP requirements including, without limitation, 44 C.F.R. § 65.3 or subsequent provisions.

Article 5 Standards for Manufactured Homes
In addition to other requirements and applicable laws, the following standards for all new and replacement or substantially improved manufactured homes and additions to manufactured homes shall apply:

A. Each manufactured home, when placed or substantially improved within an A, AH, AO or AE FEMA Zone, and on a site located in one or more of the categories listed below, shall be elevated so the bottom of the structural frame, or the lowest point of attached appliances, whichever is lower, is at or above the RFE or RFD.

1. Outside of a manufactured home park or subdivision,
2. In a new manufactured home park or subdivision,
3. In an expansion to an existing manufactured home park or subdivision, or
4. In an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as the result of a flood, be elevated on a permanent foundation such that the bottom of the structural frame of the manufactured home is elevated to or above the RFE or RFD and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

B. Be securely anchored to an adequately anchored foundation system to resist flotation, collapse, lateral movement, and scour or erosion. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State or other anchoring requirements for resisting wind forces.

C. Skirting

1. Solid skirting, whether it provides structural support or not, shall comply with the wet floodproofing requirements outlined in Section 5, Article 1(C)(4) to automatically equalize hydrostatic flood forces on the skirting by allowing for the entry and exit of flood waters. Breakaway skirting is allowed in place of solid skirting and does not require wet floodproofing.
2. Breakaway skirting shall not provide any structural support to the manufactured home and shall be designed to collapse under wind and water loads that are less than those expected during the base flood event without causing structural damage to the elevated home or foundation.

Article 6 Standards for Recreational Vehicles
All recreational vehicles placed on site shall:

A. Be on site for fewer than 180 consecutive days, and

B. Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or

C. Meet the permit requirements of Section 4 of this Ordinance and the elevation and anchoring requirements for manufactured homes in Section 5, Article 5.

Article 7 Floodways
Located within SFHAs established in Section 3, Article 2 are areas designated as floodways.⁵ Since the floodway is an extremely hazardous area due to the velocity of flood waters, which carry debris, potential projectiles, and erosion potential, the following provisions apply:

A. Prohibit any encroachment, including fill, new construction, substantial improvements, and other development, unless certification by a professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge, and written permission is provided by the District and any other necessary organization, by way of example and not limited to the U.S. Bureau of Reclamation, within the Colorado River Floodway.

B. If Section 5, Article 7 is satisfied, all new construction, and substantial improvements shall comply with all other applicable flood hazard reduction provisions of Section 5.

Article 8 Flood Related Erosion Prone Area

A. The Floodplain Administrator shall require permits, including FUPs, for proposed construction including new construction and substantial improvements, and any other development within all flood related erosion prone areas as known to the community.

B. Permit applications, including those for FUPs, shall be reviewed to determine whether the proposed site alterations and improvements, together with development, including new construction or substantial improvements, will be reasonably safe from flood related erosion and will not cause flood related erosion hazards or otherwise aggravate the existing flood hazard. The applicant shall provide adequately engineered reports prepared by a professional engineer, establishing how any erosion problem is mitigated and how neighboring property will be affected.

C. If a proposed development is found to be in the path of flood related erosion or would increase the erosion hazard, such improvements shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard.

D. The following table provides erosion hazard setback requirements based on design flood peaks or watershed drainage areas. Unless otherwise permitted by items E or F below, any structure requiring a building permit shall be located as far from the upper wash bank as is required by this table. At a minimum, a setback distance of at least 15 feet shall be required between any structure requiring a building permit and the edge of any incised natural wash or an adjacent erosion prone drainage path.

BASE FLOOD FLOW (CFS)	DRAINAGE AREA (S.M)	MINIMUM SETBACK (FT)
100 – 500	0.05 – 0.5	25
500 – 2,000	0.5 – 1.0	50
2,000 – 5,000	1.0 – 5.0	75
> 5,000	> 5.0	USE AZ STANDARD 5-96

^{5 Floodways may not always be designated within each Special Flood Hazard Area. The owner and/or developer are responsible to obtain engineering for such flood hazards}.

E. Manmade channels, made with an approved impervious lining, shall not be subject to an erosion hazard setback.

F. An erosion hazard setback waiver may be reviewed and approved by the Floodplain Administrator, or designee, if sealed and certified evidence can be provided, by a professional engineer, that no hazard exists or the hazard has been mitigated through approved site alterations and improvements.

G. Erosion hazard setback areas may be used for suitable open space purposes, such as for agricultural, forestry, outdoor recreation, and wildlife habitat areas, and for other activities using temporary and portable structures only.

H. If any other setback requirements apply, the greater setback requirement takes precedent.

SECTION SIX
VARIANCE PROCEDURE

Article 1 Nature and Criteria for Variances
The variance criteria set forth in this Section is based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this Ordinance would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

It is the desire and intent of the District to help protect its citizens and others from flooding. FEMA provides that this is a duty of such governing body, with the requirements of this Ordinance being considered already to be minimums. Thus, the need for compliance is so compelling, and the implications of the cost of insuring a structure built below the RFE or RFD are so serious, that variances from the flood elevation or other requirements in the flood Ordinance should be rare. The long-term goal of preventing and reducing flood damage and flood loss require variances to be strictly limited and utilized only when all necessary criteria are met. Therefore, the variance guidelines provided in this Ordinance are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed, intended, and shall be applied to screen out those situations in which alternatives other than a variance are more appropriate.

Article 2 Board of Review

A. The Floodplain Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this Ordinance.

B. In considering such applications, the Floodplain Board shall consider all technical evaluations, relevant factors, standards specified in other sections of this Ordinance, and:

1. The danger that materials may be swept onto other lands to the injury of others;
2. The danger of life and property due to flooding or erosion damage;
3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
4. The importance of the services provided by the proposed facility to the community;
5. The necessity to the facility of a waterfront location, where applicable;
6. The availability of alternative locations for the proposed use, which are not subject to flooding or erosion damage;
7. The compatibility of the proposed use with existing and anticipated development;
8. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
9. The safety of access to the property in time of flood for ordinary and emergency vehicles;
10. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and,
11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water system, streets, and bridges.

C. Upon consideration of the factors of Section 6 Article 2(B) and the purposes of this Ordinance, the Floodplain Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Ordinance.

D. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:

1. The issuance of a variance to construct a structure below the RFE or RFD will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and
2. Such construction below the RFE or RFD increases risks to life and property;

E. The Floodplain Administrator shall maintain a record of all variance actions, including justification for their issuance.

Article 3 Conditions for Variances

A. Generally, variances may be issued for new construction and substantial improvements to be erected or placed on a lot of one-half (1/2) acre or less in size contiguous to and surrounded on all sides by lots with existing structures constructed below the base flood elevation, providing the procedures and provisions of this Ordinance including, without limitation, Sections 4 and 5 together with Section 6, Article 2(C), have been fully considered. As the lot size increases beyond one-half (1/2) acre, the technical justification required for issuing the variance increases.

B. Variances may be issued for the repair, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a Historic Structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

C. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

D. Variances shall not be issued within any designated floodway if there would be a probable adverse impact to person or property.

E. Variances shall only be issued upon a determination that the variance is the minimum necessary to afford relief, considering the flood hazard.

F. Variances shall only be issued when the applicant establishes:

1. A showing of good and sufficient cause;
2. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
3. A showing that the proposed use or use cannot perform its intended purpose unless it is located or carried out in close proximity to water. This includes only facilities defined in Section 2 of this Ordinance in the definition of "Functionally Dependent Use."
4. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nuisances, fraud on or victimization of the public or conflict with existing laws.

G. Any variance granted shall contain written notice over the signature of a community official that:

1. The issuance of a variance to construct a structure below the RFE or RFD will result in increased premium rates for flood insurance.
2. Such construction below the RFE or RFD increases risks to persons, including body, life, and property.

Article 4 Variance Fees

A. Fifty Dollars ($50.00) for request for variance prior to construction.
B. One Hundred and Fifty Dollars ($150.00) for request for variance after start of construction.

SECTION SEVEN
REQUIREMENTS FOR AREAS IN THE VICINITY OF COLORADO RIVER
(Colorado River Floodway Act, Public Law 99-450)

Article 1 Basis for Establishing the Special Flood Hazard Areas
The SFHAs located in the Colorado River Floodplain identified by FEMA in a scientific and engineering report entitled “The Flood Insurance Study for Mohave County, Arizona Unincorporated Areas, November 18, 2009” or such later version as may exist with an accompanying FIRM and the area of the Colorado River mapped by the U.S. Department of the Interior, Bureau of Reclamation, and subject to provisions of Public Law 99-450, Colorado River Floodway Act dated October 1992, are the minimum areas of applicability of this Ordinance. Minimum areas may be supplemented by studies for other areas which allow implementation of this Ordinance and which are recommended to the Floodplain Board by the Floodplain Administrator.

Article 2 Colorado River Floodway
Since the Colorado River Floodway has, under flood conditions, proven to be an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply to the Colorado River Floodway, in addition to the basic requirements of Sections 4 and 5:

A. Encroachments, including fill, new construction, substantial improvements, and other development are prohibited. Necessary river control, water conservation, power, water quality structures and related works, and improvements and alterations to approved structures associated with allowed uses of the floodway under Section 7 Article 2(B) are excluded from this prohibition if they follow the NFIP Floodway Revision process described in the Code of Federal Regulations at 44 C.F.R. § 65.12 for a Conditional Letter of Map Revision and the proposed project is reviewed and concurred with by the U.S. Bureau of Reclamation and approved by the community. Within six (6) months of the completion of the approved project, the as-built data for the project must be submitted for a Letter of Map Revision to assure the accurate depiction of the Colorado River Floodway on the Flood Insurance Rate Maps.

B. Allowed uses of the floodway may include functions and uses that serve the public interest and that are compatible with the floodway operation and that will not cause a rise in the Colorado River Base Flood Elevation. These may include river control, water conservation and diversion, power, and water quality structures and related works; remedial or corrective actions including, but not limited to, drainage facilities to assist in controlling adjacent high ground water conditions caused by flood flows; public and tribal roads; military activities; fish and wildlife enhancement projects; navigational aids; emergency action assistance; public health assistance; compatible public, private, and tribal recreational developments such as parks, golf courses, docks, and boat launching ramps; and compatible agricultural uses that do not include permanent crops which would constitute an obstruction to river flood flows.

C. The Floodplain Administrator shall require permits for proposed development that is allowed by Section 7, Article 3(A). The proposed development must be reviewed and concurred with by the U.S. Bureau of Reclamation to assure compatibility with the floodway operation prior to approval of the permits.

Article 3 Colorado River Floodway Fringe
The following provisions apply in addition to the basic requirements of Sections 4 and 5:

A. Fill, permanent structures or buildings, including residential structures, may be placed or erected in the Colorado River Floodway Fringe, provided, in the case of buildings, that the elevation of the lowest floor (including basements) is at least one foot above the Colorado River Base Flood Elevation.

B. Land may be filled, provided the top of the fill shall at no point be below the Colorado River Base Flood Elevation for at least twenty-five feet beyond the limits of any structure erected or placed thereon and that the placement of the fill meets the fill compaction criteria of Part 65.5 of the NFIP regulations.

Article 4 Flood Related Erosion Prone Areas of the Colorado River Floodway Fringe Area

A. The Floodplain Administrator shall require permits for proposed construction and other development within the floodway fringe area of the Colorado River. Such permits shall be reviewed to determine whether the proposed site alterations and improvements will be reasonably safe from flood-related erosion and will not cause flood-related erosion hazards or otherwise aggravate the existing hazard.

B. If a proposed improvement is found to be in the path of flood-related erosion or would increase the erosion hazard, such improvement shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard.

C. A setback from the floodway is required for all new development including, without limitation, new construction and substantial improvements so as to create a buffer and to provide access to the floodway for possible maintenance and improvement work. The buffer may consist of natural vegetation or a contour strip. This buffer shall be designated according to the flood related erosion hazard and erosion rates in relation to the anticipated useful life of structures, and depending upon the geologic, hydrologic, topographic, and climatic characteristics of the land. The buffer may be used for suitable open space purposes, such as for agriculture, forestry, outdoor recreation, and wildlife habitat areas, and for other activities using temporary and portable structures only.

D. A waiver to the setback requirements may be granted if it can be demonstrated that adequate erosion and flow velocity protection can and will be constructed and maintained and provided that the erosion protection meets the applicable parts of 44 C.F.R. § 60.5 of the NFIP regulations. All plans for erosion and flow velocity protection must have the review and concurrence of the U.S. Bureau of Reclamation and be reviewed and approved by the Floodplain Administrator.

Links to Mohave County Documents
Visit Mohave.gov for the most up-to-date documents.

COMMONLY USED ACRONYMS

Acronym	Definition
A.R.S.	Arizona Revised Statute
ADWR	Arizona Department of Water Resources
BFD	Base Flood Depth
BFE	Base Flood Elevation
C.F.R.	Code of Federal Regulations
CRS	Community Rating System
DDM	Drainage Design Manual
FBFM	Flood Boundary and Floodway Map
FEMA	Federal Emergency Management Agency
FHBM	Flood Hazard Boundary Map
FIRM	Flood Insurance Rate Map
FIS	Flood Insurance Study
FUP	Floodplain Use Permit
NFIP	National Flood Insurance Program
PFI	Property Floodplain Information
RFD	Regulatory Flood Depth
RFE	Regulatory Flood Elevation
SFHA	Special Flood Hazard Area
SEE SECTION 2 FOR DEFINITIONS