Chapter 15.44 FLOOD HAZARD AREAS

The Legislature of the state of Washington has delegated the responsibility to local communities to adopt floodplain management regulations designed to promote the public health, safety, and general welfare of its citizenry.

Therefore, the city of East Wenatchee does ordain as follows. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005; Ord. 280 § 1.1, 1979)

15.44.020 Findings of fact.

A. The flood hazard areas of East Wenatchee are subject to periodic inundation which results in loss of life and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

B. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to the flood loss. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005; Ord. 280 § 1.2, 1979)

15.44.030 Statement of purpose.

It is the purpose of this chapter to promote the public health, safety, and general welfare; reduce the annual cost of flood insurance; and minimize public and private losses due to flood conditions in specific areas by provisions designed to:

A. Protect human life and health;

B. Minimize expenditure of public money for costly flood control projects;

C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

D. Minimize prolonged business interruptions;

E. Minimize damage to public facilities and utilities, such as water and gas mains; electric, telephone, and sewer lines; and streets and bridges located in flood hazard areas;

F. Help maintain a stable tax base by providing for the sound use and development of flood hazard areas so as to minimize blight areas caused by flooding;

G. Notify potential buyers that the property is in a special flood hazard area;

H. Notify those who occupy flood hazard areas that they assume responsibility for their actions; and

I. Participate in and maintain eligibility for flood insurance and disaster relief. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005; Ord. 280 § 1.3, 1979)

15.44.040 Methods of reducing flood losses.

In order to accomplish its purposes, this chapter includes methods and provisions for:

A. Restricting or prohibiting uses which are dangerous to general public health and safety due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

C. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;

D. Controlling filling, grading, dredging, and other development which may increase flood damage; and

E. Preventing or regulating the construction of flood barriers that unnaturally divert floodwaters or may increase flood hazards in other areas. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005; Ord. 280 § 1.4, 1979)

Article II. Definitions

15.44.050 Alteration of watercourse.

“Alteration of watercourse” means any action that will change the location of the channel occupied by water within the banks of any portion of a riverine waterbody. (Ord. 23-06 § 5 (Exh. A), 2023)

15.44.060 Appeal.

“Appeal” means a request for a review of the interpretation of any provision of this chapter or a request for a variance. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005; Ord. 280 § 2, 1979. Formerly 15.44.050)

15.44.070 Area of shallow flooding.

“Area of shallow flooding” means a designated zone AO, AH, AR/AO or AR/AH (or VO) on a community’s flood insurance rate map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Also referred to as the sheet flow area. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005; Ord. 280 § 2, 1979. Formerly 15.44.060)

15.44.080 Area of special flood hazard.

“Area of special flood hazard” is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. It is shown on the flood insurance rate map (FIRM) as zone A, AO, AH, A1-30, AE, A99, AR (V, VO, V1-30, VE). “Special flood hazard area” is synonymous in meaning with the phrase “area of special flood hazard.” (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005; Ord. 280 § 2, 1979. Formerly 15.44.070)

15.44.090 Base flood.

“Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year (also referred to as the “100-year flood”). Designated on flood insurance rate maps by the letter A or V. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005; Ord. 280 § 2, 1979. Formerly 15.44.080)

15.44.100 Base flood elevation (BFE).

“Base flood elevation” is the elevation to which floodwater is anticipated to rise during the base flood. (Ord. 23-06 § 5 (Exh. A), 2023)

15.44.110 Basement.

“Basement” means any area of the building having its floor subgrade (below ground level) on all sides. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005. Formerly 15.44.090)

15.44.120 Breakaway wall.

“Breakaway wall” means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005. Formerly 15.44.100)

15.44.130 Critical facility.

“Critical facility” means a facility for which even a slight chance of flooding might be too great. Critical facilities include (but are not limited to) schools, nursing homes, hospitals, police, fire and emergency response installations, and installations which produce, use, or store hazardous materials or hazardous waste. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005. Formerly 15.44.110)

15.44.140 Development.

“Development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005; Ord. 280 § 2, 1979. Formerly 15.44.120)

15.44.150 Elevation certificate.

“Elevation certificate” is an administrative tool of the National Flood Insurance Program (NFIP) that can be used to provide elevation information, 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). (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005. Formerly 15.44.130)

15.44.160 Elevated building.

“Elevated building” means, for insurance purposes, a nonbasement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005. Formerly 15.44.140)

15.44.170 Existing manufactured home park or subdivision.

“Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the adopted floodplain management regulations. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005. Formerly 15.44.150)

15.44.180 Expansion to an existing manufactured home park or subdivision.

“Expansion to an existing manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005. Formerly 15.44.160)

15.44.190 Flood or flooding.

“Flood” or “flooding” means:

A. A general and temporary condition of partial or complete inundation of normally dry land areas from:

1. The overflow of inland or tidal waters.

2. The unusual and rapid accumulation or runoff of surface waters from any source.

3. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection (A)(2) of this section and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

B. 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 which results in flooding as defined in subsection (A)(1) of this section. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005; Ord. 280 § 2, 1979. Formerly 15.44.170)

15.44.200 Flood elevation study.

“Flood elevation study” means 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. Also known as a flood insurance study (FIS). (Ord. 23-06 § 5 (Exh. A), 2023)

15.44.210 Flood insurance rate map (FIRM).

“Flood insurance rate map (FIRM)” means the official map on which the Federal Insurance Administrator has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM). (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005; Ord. 280 § 2, 1979. Formerly 15.44.180)

15.44.220 Flood insurance study (FIS).

See “Flood elevation study.” (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005; Ord. 280 § 2, 1979. Formerly 15.44.190)

15.44.230 Floodplain or flood-prone area.

“Floodplain or flood-prone area” means any land area susceptible to being inundated by water from any source. See “Flood or flooding.” (Ord. 23-06 § 5 (Exh. A), 2023)

15.44.240 Floodplain administrator.

“Floodplain administrator” is the community official designated by title to administer and enforce the floodplain management regulations. For the city of East Wenatchee, the building official is the floodplain administrator. (Ord. 23-06 § 5 (Exh. A), 2023)

15.44.250 Floodproofing.

“Floodproofing” means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. Floodproofed structures are those that have the structural integrity and design to be impervious to floodwater below the base flood elevation. (Ord. 23-06 § 5 (Exh. A), 2023)

15.44.260 Floodway.

“Floodway” means the 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 one foot. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005; Ord. 280 § 2, 1979. Formerly 15.44.200)

15.44.270 Functionally dependent use.

“Functionally dependent use” is 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, and does not include long-term storage or related manufacturing facilities. (Ord. 23-06 § 5 (Exh. A), 2023)

15.44.280 Highest adjacent grade.

“Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. (Ord. 23-06 § 5 (Exh. A), 2023)

15.44.290 Historic structure.

“Historic structure” means any structure that is:

A. 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;

B. 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;

C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

D. 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. (Ord. 23-06 § 5 (Exh. A), 2023)

15.44.300 Lowest floor.

“Lowest floor” means 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 chapter found at EWMC 15.44.620(B) (i.e., provided there are adequate flood ventilation openings). (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005; Ord. 421 § 1, 1987. Formerly 15.44.210)

15.44.310 Manufactured home.

“Manufactured home” means a single-family dwelling constructed after June 15, 1976, and in accordance with the U.S. Department of Housing and Urban Development (HUD) requirements for manufactured housing, bearing the appropriate insignia indicating such compliance and means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include recreational vehicle. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005; Ord. 421 § 1, 1987. Formerly 15.44.220)

15.44.320 Manufactured home park or subdivision.

“Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005; Ord. 421 § 1, 1987. Formerly 15.44.230)

15.44.330 Mobile home.

“Mobile home” means all trailers of a type designed as facilities for human habitation constructed before June 15, 1976, and which are capable of being moved upon the public streets and highways and which are more than 35 feet in length or more than eight feet in width excluding modular homes. For the purpose of installation in the floodplain, a “manufactured home” and “mobile home” shall be treated the same. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005. Formerly 15.44.240)

15.44.340 Mean sea level.

“Mean sea level” means, for purposes of the National Flood Insurance Program, the vertical datum to which base flood elevations shown on a community’s flood insurance rate map are referenced. (Ord. 23-06 § 5 (Exh. A), 2023)

15.44.350 New construction.

“New construction” means, for the purposes of determining insurance rates, structures for which the “start of construction” commenced on or after the effective date of an initial flood insurance rate map or after December 31, 1974, whichever is later, and includes any subsequent 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 a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005; Ord. 280 § 2, 1979. Formerly 15.44.250)

15.44.360 New manufactured home park or subdivision.

“New manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain management regulations. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005. Formerly 15.44.260)

15.44.370 Recreational vehicle.

“Recreational vehicle” means a vehicle:

A. Built on a single chassis;

B. Four hundred square feet or less when measured at the largest horizontal projection;

C. Designed to be self-propelled or permanently towable by a light duty truck; and

D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005. Formerly 15.44.270)

15.44.380 Start of construction.

“Start of construction” includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The “actual start” means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; 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. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005; Ord. 421 § 1, 1987. Formerly 15.44.280)

15.44.390 Structure.

“Structure” means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005; Ord. 421 § 1, 1987. Formerly 15.44.290)

15.44.400 Substantial damage.

“Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005. Formerly 15.44.300)

15.44.410 Substantial improvement.

A. “Substantial improvement” means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either:

1. Any project for improvement of a structure to correct previously identified existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to assure safe living conditions; or

2. Any alteration of a “historic structure”; provided, that the alteration will not preclude the structure’s continued designation as a “historic structure.” (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005; Ord. 280 § 2, 1979. Formerly 15.44.310)

15.44.420 Variance.

“Variance” means a grant of relief by a community from the terms of a floodplain management regulation. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005; Ord. 280 § 2, 1979. Formerly 15.44.320)

15.44.430 Water dependent.

“Water dependent” means a structure for commerce or industry that cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005. Formerly 15.44.330)

Article III. General Provisions

15.44.440 Lands to which this chapter applies.

This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city of East Wenatchee. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005; Ord. 280 § 3.1, 1979. Formerly 15.44.340)

15.44.450 Basis for establishing the areas of special flood hazard.

The areas of special flood hazard identified by the Federal Insurance Administration on flood insurance rate maps (FIRMs) titled “City of East Wenatchee, Washington, Community-Panel Number 530038 0001 C, Effective Date: July 3, 1985,” and “Douglas County, Washington, Community-Panel Number 5300380535 A, Effective Date: July 17, 1978,” and any revisions thereto, including letter of map revision (LOMR), effective April 14, 2000, are hereby adopted by reference and declared to be a part of this chapter. The FIRMs and LOMR are on file at East Wenatchee City Hall, 271 9th Street NE, East Wenatchee, Washington. The best available information for flood hazard area identification as outlined in EWMC 15.44.530(B) shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under EWMC 15.44.530(B). (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005; Ord. 421 § 2, 1987; Ord. 388 § 2, 1985; Ord. 280 § 3.2, 1979. Formerly 15.44.350)

15.44.460 Compliance.

All development within special flood hazard areas is subject to the terms of this chapter and other applicable regulations. (Ord. 23-06 § 5 (Exh. A), 2023)

15.44.470 Penalties for noncompliance.

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Each noncompliance with or resistance to the enforcement of the provisions of this chapter shall be a separate misdemeanor offense and shall be punishable as such. Nothing contained in this chapter shall prevent the city, or the owner or owners of land within the city or affected by noncompliance with the provisions of this chapter from taking such other lawful action as is necessary to prevent or remedy any violation, including the institution of civil suit and/or injunction proceedings. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005; Ord. 280 § 3.3, 1979. Formerly 15.44.360)

15.44.480 Abrogation and greater restrictions.

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005; Ord. 280 § 3.4, 1979. Formerly 15.44.370)

15.44.490 Interpretation.

In the interpretation and application of this chapter, all provisions shall be:

A. Considered as minimum requirements;

B. Liberally construed in favor of the governing body; and

C. Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005; Ord. 280 § 3.5, 1979. Formerly 15.44.380)

15.44.500 Warning and disclaimer of liability.

The degree of flood protection required by this chapter 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 manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city of East Wenatchee, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005; Ord. 280 § 3.6, 1979. Formerly 15.44.390)

Article IV. Administration

15.44.510 Establishment of development permit.

A. Development Permit Required. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in EWMC 15.44.450. The permit shall be for all structures including manufactured homes and mobile homes, as set forth in the definitions included in this chapter, and for all development including fill and other activities, also as set forth in the definitions included in this chapter.

B. Application for Development Permit. Application for a development permit shall be made on forms furnished by the city of East Wenatchee and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations 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. Elevation, in relation to mean sea level, of the lowest floor (including basement) of all structures recorded on a current elevation certificate with Section B completed by the Floodplain Administrator (FEMA Form 086-0-33);

2. Elevation in relation to mean sea level to which any structure has been floodproofed;

3. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet floodproofing criteria in EWMC 15.44.630;

4. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development;

5. Where development is proposed in a floodway, an engineering analysis indicating no rise of the base flood elevation; and

6. Any other such information that may be reasonably required by the floodplain administrator in order to review the application. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005; Ord. 421 § 3, 1987; Ord. 280 § 4.1, 1979. Formerly 15.44.400)

15.44.520 Designation of the floodplain administrator.

The building official is appointed to administer, implement and enforce this chapter by granting or denying development permit applications in accordance with its provisions. All references in this chapter to floodplain “administrator” refer to the “code compliance officer.” (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005; Ord. 421 § 3, 1987; Ord. 280 § 4.2, 1979. Formerly 15.44.410)

15.44.530 Duties and responsibilities of the floodplain administrator.

Duties of the floodplain administrator shall include, but not be limited to:

A. Permit Review.

1. Review all development permits to determine that the permit requirements of this chapter have been satisfied.

2. Review all development permits to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required.

3. Review the site to determine if it is reasonably safe from flooding.

4. Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of EWMC 15.44.680(A) are met.

5. Notify FEMA when annexations occur in the special flood hazard area.

B. Use of Other Base Flood Data. When base flood elevation data has not been provided (in A zones) in accordance with EWMC 15.44.450, Basis for establishing the areas of special flood hazard, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer EWMC 15.44.610, Specific standards, and 15.44.680, Floodways.

C. Information to Be Obtained and Maintained.

1. Where base flood elevation data is provided through the flood insurance study, FIRM, or required as in subsection B of this section, obtain and maintain a record of the actual (as-built) elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement; recorded on a current elevation certificate (FF 81-31).

2. For all new or substantially improved floodproofed nonresidential structures where base flood elevation data is provided through the FIS, FIRM, or as required in subsection B of this section:

a. Obtain and maintain a record of the elevation (in relation to mean sea level) to which the structure was floodproofed;

b. Maintain the floodproofing certifications required in EWMC 15.44.510(B)(3).

3. Certification required by EWMC 15.44.680(A) (floodway encroachments).

4. Records of all variance actions, including justification for their issuance.

5. Improvement and damage calculations.

6. Maintain for public inspection all records pertaining to the provisions of this chapter.

D. Alteration of Watercourses.

1. Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.

2. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

E. Interpretation of FIRM Boundaries. Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (e.g., 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. Such appeals shall be granted consistent with the standards of Section 60.6 of the Rules and Regulations of the National Flood Insurance Program. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005; Ord. 421 § 4, 1987; Ord. 280 § 4.3, 1979. Formerly 15.44.420)

15.44.540 Variances procedure.

A. Appeal Board.

1. The board of adjustment, as established by the city council, shall hear and decide appeals and requests for variances from the requirements of this chapter.

2. The board of adjustment 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 chapter.

3. Those aggrieved by the decision of the board of adjustment, or any taxpayer directly affected by the decision, may appeal such decision to the Douglas County superior court, as provided in RCW 35A.63.110.

4. In passing upon such applications, the board of adjustment shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:

a. The danger that materials may be swept onto other lands to the injury of others;

b. The danger to life and property due to flooding or erosion damage;

c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

d. The importance of the services provided by the proposed facility to the community;

e. The necessity to the facility of a waterfront location, where applicable;

f. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

g. The compatibility of the proposed use with existing and anticipated development;

h. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

i. The safety of access to the property in times of flood for ordinary and emergency vehicles;

j. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

k. 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 and water systems, and streets and bridges.

5. Upon consideration of the factors of subsection (A)(4) of this section and the purpose of this chapter, the board of adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

6. The administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.

B. Criteria.

1. Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood elevation, provided the procedures of Articles IV and V of this chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

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

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

4. Variances shall only be issued upon:

a. A showing of good and sufficient cause;

b. A determination that failure to grant the variance would result in exceptional hardship to the applicant;

c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances;

d. For the repair, rehabilitation, or restoration of historic structures 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;

e. Upon a showing that the use cannot perform its intended purpose unless it is located or carried out in close proximity to water. This includes only facilities defined in EWMC 15.44.270, Functionally dependent use.

5. Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from flood elevations should be quite rare.

6. Any applicant to whom a variance is granted shall be given written notice that:

a. The issuance of a variance to construct a structure below the BFE will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and

b. Such construction below the BFE increases risk to life and property.

C. Application Procedure.

1. Any person holding an equitable interest in any tract of land affected by this chapter may apply for a variance. Decisions of the floodplain administrator in the enforcement of this chapter may also be appealed by the same method by any aggrieved party.

2. Application for a variance or appeal of an administrative determination shall be processed pursuant to the requirements of this chapter, Chapter 17.88 EWMC and EWMC Title 19 as the same now exist or may be hereafter amended.

D. Additional Requirements for the Issuance of a Variance.

1. The floodplain administrator shall maintain a record of all variances, including justification for their issuance.

2. The floodplain administrator shall condition the variance as needed to ensure that the requirements and criteria of this chapter are met. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005; Ord. 280 §§ 4.4-1, 4.4-2, 4.4-3, 1979. Formerly 15.44.430)

Article V. Provisions for Flood Hazard Reduction

15.44.550 General standards.

In all areas of special flood hazards, the following standards are required. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005; Ord. 280 § 5.1, 1979. Formerly 15.44.440)

15.44.560 Anchoring.

A. 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.

B. All manufactured homes and mobile homes shall be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors. For more detailed information, refer to guidebook, FEMA-85, “Protecting Manufactured Homes from Floods and other Hazards.” (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005; Ord. 421 § 5, 1987; Ord. 280 § 5.1-1, 1979. Formerly 15.44.450)

15.44.570 Construction materials and methods.

A. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

B. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

C. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005; Ord. 421 § 6, 1987; Ord. 280 § 5.1-2, 1979. Formerly 15.44.460)

15.44.580 Utilities.

A. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems;

B. Water wells shall be located on high ground that is not in the floodway;

C. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters;

D. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005; Ord. 280 § 5.1-3, 1979. Formerly 15.44.470)

15.44.590 Subdivision proposals.

A. All subdivision proposals shall be consistent with the need to minimize flood damage;

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

C. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage;

D. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or five acres (whichever is less). (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005; Ord. 421 § 7, 1987; Ord. 280 § 5.1-4, 1979. Formerly 15.44.480)

15.44.600 Review of building permits.

Where elevation data is not available either through the flood insurance study, FIRM, or from another authoritative source (EWMC 15.44.530(B)), applications for floodplain development building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above the highest adjacent grade in these zones may result in higher insurance rates. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005; Ord. 421 § 8, 1987; Ord. 180 § 5.1-5, 1979. Formerly 15.44.490)

15.44.610 Specific standards.

In all areas of special flood hazards where base flood elevation data has been provided as set forth in EWMC 15.44.450, Basis for establishing the areas of special flood hazard, or 15.44.530(B), Use of Other Base Flood Data. FEMA Technical Bulletin 11-01 including all of its provisions may be utilized to allow crawlspace construction for buildings located in the special flood hazard areas; however, use of this provision can result in a 20 percent increase in flood insurance premiums. The provisions in the remaining sections of this article are required. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005; Ord. 280 § 5.2, 1979. Formerly 15.44.500)

15.44.620 Residential construction.

A. In A zoned areas where the BFE has been determined, or can be reasonably obtained, new construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above the base flood elevation (BFE). Mechanical equipment and utilities shall be waterproof or elevated least one foot above the BFE.

B. New construction and substantial improvement of any residential structure in an unnumbered A zone for which a BFE is not available and cannot be reasonably obtained shall be reasonably safe from flooding, but in all cases the lowest floor shall be at least two feet above the highest adjacent grade.

C. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

1. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

2. The bottom of all openings shall be no higher than one foot above grade.

3. Openings may be equipped with screens, louvers, valves, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters.

D. Crawlspaces are commonly used as a method of elevating buildings in SFHAs above the BFE. General NFIP requirements that apply to all crawlspaces that have enclosed areas or floors below the BFE include the following:

1. The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Hydrostatic loads and the effects of buoyancy can usually be addressed through the required openings discussed below. Because of hydrostatic loads, crawlspace construction is not recommended in areas with flood velocities greater than five feet per second unless the design is reviewed by a qualified design professional, such as a registered architect or professional engineer.

2. The crawlspace is an enclosed area below the BFE and, as such, must have openings that equalize hydrostatic pressures by allowing for the automatic entry and exit of floodwaters. The bottom of each flood vent opening can be no more than one foot above the lowest adjacent exterior grade. (For guidance on flood openings, see Technical Bulletin 1-93, Openings in Foundation Walls.)

3. Portions of the building below the BFE must be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawlspace used to elevate the building, but also any joists, insulation, or other materials that extend below the BFE. The recommended construction practice is to elevate the bottom of joists and all insulation above the BFE.

E. Any building utility systems within the crawlspace must be elevated above the BFE or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions. Ductwork in particular must either be placed above the BFE or sealed from floodwaters.

F. In addition to the above requirements the following provisions apply to below-grade crawlspaces:

1. The interior grade of a crawlspace below the BFE must not be more than two feet below the lowest adjacent exterior grade (LAG).

2. The height of the below-grade crawlspace, measured from the interior grade of the crawlspace to the top of the crawlspace foundation wall, must not exceed four feet at any point.

3. There must be an adequate drainage system that removes floodwaters from the interior area of the crawlspace. The enclosed area should be drained within a reasonable time after a flood event. Possible options include natural drainage through porous, well-drained soils and drainage systems such as perforated pipes, drainage tiles, or gravel or crushed stone drainage by gravity of mechanical means.

4. The velocity of floodwaters at the site should not exceed five feet per second for any crawlspace.

5. Below-grade crawlspace construction in accordance with the requirements listed above and FEMA Technical Bulletin 11-01 will not be considered basements. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005; Ord. 421 § 8, 1987; Ord. 280 § 5.2-1, 1979. Formerly 15.44.510)

15.44.630 Nonresidential construction.

New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of subsection A or B of this section.

A. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet all of the following requirements:

1. In A zoned areas where the BFE has been determined or can be reasonably obtained: New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall have the lowest floor, including basement, elevated one foot or more above the BFE, or elevated as required by ASCE 24, whichever is greater. Mechanical equipment and utilities shall be waterproofed or elevated least one foot above the BFE, or as required by ASCE 24, whichever is greater.

2. If located in an unnumbered A zone for which a BFE is not available and cannot be reasonably obtained, the structure shall be reasonably safe from flooding, but in all cases the lowest floor shall be at least two feet above the highest adjacent grade.

3. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

a. Have a minimum of two openings with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.

b. The bottom of all openings shall be no higher than one foot above grade.

c. Openings may be equipped with screens, louvers, valves, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwater.

d. A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry and exit of floodwaters.

Alternatively, a registered engineer or architect may design and certify engineered openings.

B. If the requirements of subsection (A) of this section are not met, then new construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet all of the following requirements:

1. Be dry floodproofed so that below one foot or more above the base flood level the structure is watertight with walls substantially impermeable to the passage of water or dry floodproofed to the elevation required by ASCE 24, whichever is greater;

2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;

3. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in EWMC 15.44.530(B);

4. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in EWMC 15.44.620(B).

(Applicants who are floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building floodproofed to the base flood level will be rated as one foot below). Floodproofing the building an additional foot will reduce insurance premiums.) (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005; Ord. 421 § 8, 1987; Ord. 280 § 5.2-2, 1979. Formerly 15.44.520)

15.44.640 Manufactured homes.

All manufactured homes and mobile homes in the floodplain to be placed or substantially improved on sites shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot or more above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005; Ord. 421 § 8, 1987; Ord. 280 § 5.2-3, 1979. Formerly 15.44.530)

15.44.650 Recreational vehicles.

Recreational vehicles placed on sites are required to either:

A. Be on the site for fewer than 180 consecutive days; or

B. Be fully licensed and ready for highway use, on wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or

C. Meet the requirements of EWMC 15.44.640. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005. Formerly 15.44.540)

15.44.670 AE and A1-30 zones with base flood elevations but no floodways.

In areas with base flood elevations (but a regulatory floodway has not been designated), no new construction, substantial improvements, or other development (including fill) shall be permitted within zones A1-30 and AE on the community’s FIRM, unless it is demonstrated 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 within the community. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005. Formerly 15.44.550)

15.44.680 Floodways.

Located within areas of special flood hazard established in EWMC 15.44.450 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that can carry debris and increase erosion potential, the following provisions apply:

A. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels during the occurrence of the base flood discharge.

B. Construction or reconstruction of residential structures is prohibited within designated floodways, except for (1) repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and (2) repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either (a) before the repair or reconstruction is started, or (b) if the structure has been damaged, and is being restored, before the damage occurred. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or to structures identified as historic places, may be excluded in the 50 percent.

C. If subsection A of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article V of this chapter, Provisions for Flood Hazard Reduction. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005; Ord. 421 § 9, 1987; Ord. 280 § 5.3, 1979. Formerly 15.44.560)

15.44.690 Critical facility.

Construction of new critical facilities shall be, to the extent possible, located outside the limits of the special flood hazard area (SFHA) (100-year floodplain). Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet above the BFE or to the height of the 500-year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible. (Ord. 23-06 § 5 (Exh. A), 2023; Ord. 05-04 § 1, 2005. Formerly 15.44.570)