§ 1780-420. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR

The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:

(a)

Permit Review. Review all development permits to determine:

(1)

Permit requirements of this Chapter have been satisfied, including determination of substantial improvement and substantial damage of existing structures;

(2)

All other required state and federal permits have been obtained;

(3)

The site is reasonably safe from flooding;

(4)

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. This means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will neither increase the water surface elevation of the base flood more than one foot at any point within the County of Sutter nor adversely affect adjacent property owners; and,

(5)

All Letters of Map Revision (LOMRs) for flood control projects are approved prior to the issuance of building permits. Building Permits must not be issued based on Conditional Letters of Map Revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

(b)

Substantial Improvement and Substantial Damage. The County shall utilize FEMA publication FEMA P-758/May 2010, "Substantial Improvement/Substantial Damage Desk Reference " or its successor document for identifying and administering requirements for substantial improvement and substantial damage.

(c)

Review, Use and Development of Other Base Flood Data. When base flood elevation data has not been provided within the current "Flood Insurance Study (FIS) for Sutter County, California (Unincorporated Areas)" or accompanying Flood Insurance Rate Maps (FIRMs), the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer provisions relating to Flood Hazard Reduction. This responsibility for reasonable review does not relieve the responsibility or liability of a registered engineer who develops base flood elevations for use in an approximate Zone A area. A base flood elevation shall be developed using the detailed methods as described in the most current edition of FEMA publication, FEMA 265, "Managing Floodplain Development in Approximate Zone A Areas—A Guide for Obtaining and Developing Base (100-year) Flood Elevations". The simplified methods presented in FEMA 265 are not sufficient for completing an Elevation Certificate.

(d)

Notification of Other Agencies.

(1)

Alteration or relocation of a watercourse:

a.

Notify affected communities and the California Department of Water Resources prior to alteration or relocation;

b.

Submit evidence of such notification to the Federal Emergency Management Agency; and,

c.

Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

(2)

Base Flood Elevation changes due to physical alterations:

a.

Within six months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR).

b.

All LOMRs for flood control projects are approved prior to the issuance of building permits. Building Permits must not be issued based on Conditional Letters of Map Revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition. Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.

(3)

Changes in corporate boundaries: Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.

(e)

Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:

(1)

Certification required by Sutter County Ordinance Code Section 1780-530(a) (elevation or floodproofing of residential structures);

(2)

Certification required by Sutter County Ordinance Code Section 1780-530(b) (elevation or floodproofing of nonresidential structures);

(3)

Certification required by Sutter County Ordinance Code Sections 1780-530(c) (flood openings standard);

(4)

Certification required by Sutter County Ordinance Code Section 1780-540(a)(3) (subdivisions and other proposed development standards);

(5)

Certification required by Sutter County Ordinance Code Section 1780- 545(c) (standards for manufactured homes);

(6)

Certification required by Section 1780-555(b) (floodways); and

(7)

Maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.

(f)

Map Determination. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, 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 a reasonable opportunity to appeal the interpretation as provided in this Chapter.

(g)

Remedial Action. Take action to remedy violations of this chapter as specified in this Floodplain Management Ordinance.

(h)

Biennial Report. Complete and submit Biennial Report to FEMA.

(i)

Planning. Assure community's General Plan is consistent with floodplain management objectives herein.

(j)

Determination on Floodplain Development Variance Applications. The Floodplain Administrator is hereby delegated authority to make determinations on Floodplain Development Variance applications for structures 10,000 square feet or less in accordance with the provisions of Section 1780-630.

( Ord. No. 1656, § 1, 12-18-2018 )