Chapter 15.70
FLOODPLAIN MANAGEMENT
Sections:
15.70.030 Methods of reducing flood losses.
15.70.060 Warning and disclaimer of liability.
15.70.070 Development permit required.
15.70.080 Use of other base flood data.
15.70.090 Information to be obtained and maintained.
15.70.100 Interpretation of FIRM boundaries.
15.70.110 Filing for a variance.
15.70.120 Provisions for flood hazard reduction – General standards.
15.70.130 Provisions for flood hazard reduction – Specific standards.
15.70.140 Penalties for noncompliance.
15.70.010 Purpose.
It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
(1) Protect human life and health;
(2) Minimize expenditure of public money and 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 damage to public facilities and utilities such as water and gas mains, electric telephone and sewer lines, streets, and bridges located in areas of special flood hazard;
(6) Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;
(7) Ensure that potential buyers are notified that property is in an area of special flood hazard;
(8) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. [Ord. 671 § 4.3.A, 1995.]
15.70.020 Findings of fact.
(l) The flood hazard areas of the town of La Conner 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.
(2) 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. 671 § 4.3.B, 1995.]
15.70.030 Methods of reducing flood losses.
In order to accomplish its purpose, this chapter includes methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities.
(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.
(3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters.
(4) Controlling filling, grading, and other development which may increase flood damage.
(5) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or may increase flood hazards in other areas.
(6) Considering the implications of sea level rises when acting upon proposals within floodplain areas. [Ord. 1211 § 2(A), 2022; Ord. 671 § 4.3.C, 1995.]
15.70.040 General provisions.
(1) This chapter shall apply to all areas of special flood hazards within the jurisdiction of the town of La Conner.
(2) Review all development permits to determine that all necessary permits have been obtained from those federal, state and local government agencies from which approval is required.
(3) Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled “The Flood Insurance Study for the Town of La Conner,” dated June 18, 1984, and any revisions thereto, with accompanying Flood Insurance Rate Maps, is hereby adopted by reference and declared to be a part of this code. The Flood Insurance Study and Rate Maps are on file at La Conner Town Hall. The Rate Map shows two reference markers based on the National Geodetic Vertical Datum (NVGD). [Ord. 962 § 2, 2005; Ord. 671 § 4.3.D, 1995.]
15.70.050 Interpretation.
In the interpretation and application of this chapter, 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 state statutes. [Ord. 671 § 4.3.E, 1995.]
15.70.060 Warning and disclaimer of liability.
The degree of flood protection required by this code 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 code 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 code shall not create liability on the part of the town of La Conner, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this code or any administrative decision lawfully made hereunder. [Ord. 671 § 4.3.F, 1995.]
15.70.070 Development permit required.
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in LCMC 15.70.040(3). The permit shall be for all structures and work in the floodplain including, but not limited to:
(1) Construction of new residential and nonresidential structures, including additions to structures constructed after December 18, 1984;
(2) Substantial improvements are improvements to any residential or nonresidential structure, the cost of which exceeds 50 percent of the market value of the existing structure either:
(a) Before the improvement or repair is started; or
(b) If the structure has been damaged and is being restored, before the damage occurred;
(3) Substantial improvement does not include either:
(a) Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or
(b) Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places;
(4) Accessory structures over 120 square feet;
(5) Any fill;
(6) Grading;
(7) Paving;
(8) Excavation;
(9) Drilling operations;
(10) Underground improvements, including culverts and storm water drains, electrical, gas, and sewer lines. [Ord. 986 § 4, 2007; Ord. 962 § 2, 2005; Ord. 671 § 4.3.G, 1995.]
15.70.080 Use of other base flood data.
When base flood elevation data has not been provided in accordance with LCMC 15.70.040(3), Basis for Establishing the Areas of Special Flood Hazard, the planning director 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 the provisions of specific standards. [Ord. 671 § 4.3.H, 1995.]
15.70.090 Information to be obtained and maintained.
(1) Where base flood elevation data is provided through the Flood Insurance Study or as required in LCMC 15.70.080, the planning director shall obtain and record 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.
(2) For all new or substantially improved floodproofed structures:
(a) Verify and record the actual elevation to which it has been floodproofed (in relation to mean sea level);
(b) Maintain the floodproofing certifications required for permit.
(3) The planning director shall maintain for public inspection all records pertaining to the provisions of this chapter.
(4) Alteration of Watercourses.
(a) 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.
(b) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. [Ord. 962 § 2, 2005; Ord. 671 § 4.3.I, 1995.]
15.70.100 Interpretation of FIRM boundaries.
The planning director shall make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (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 a reasonable opportunity to appeal the interpretation by applying for a variance. [Ord. 671 § 4.3.J, 1995.]
15.70.110 Filing for a variance.
(1) The hearing examiner as established by the town of La Conner shall hear and decide appeals and requests for variances from the requirements of this chapter.
(2) The hearing examiner shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the planning director in the enforcement or administration of this code. The decision of the hearing examiner shall be final.
(3) In passing upon such applications, the hearing examiner shall consider all technical evaluations, all relevant factors, standards specified in other sections of this code, 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 flood waters and the effects of wave action, if applicable, expected at the site;
(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.
(4) Upon consideration of the factors of items (3)(a) through (3)(k) of this section and the purposes of this code, the hearing examiner may attach such conditions to the granting of variances as it deems necessary to further the purposes of this code.
(5) The planning director shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.
(6) 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 level, providing items (3)(a) through (3)(k) of this section have been fully considered. As the lot size increases the technical justification required for issuing the variance increases.
(7) Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this chapter.
(8) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(9) 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 as identified in items (3)(a) through (3)(k) of this section, or conflict with existing local laws or ordinances.
(10) 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 the flood elevations should be quite rare.
(11) Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry-floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except subsection (1) of this section and otherwise complies with the provisions anchoring and construction materials and methods outlined in general standards, LCMC 15.70.120.
(12) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. [Ord. 898 § 3, 2003; Ord. 671 § 4.3.K, 1995.]
15.70.120 Provisions for flood hazard reduction – General standards.
In all areas of special flood hazards, the following standards are required:
(1) Anchoring.
(a) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
(b) All manufactured homes must likewise 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 (reference FEMA’s “Manufactured Home Installation in Flood Hazard Areas” guidebook for additional techniques).
(2) 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.
(d) Crawlspaces and Basements.
(i) The interior grade of a crawlspace below the base flood elevation must not be more than two feet below the lowest adjacent exterior grade.
(ii) 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.
(iii) The height limitation is the maximum allowable unsupported wall height according to the engineering analyses and building code requirements for flood hazard areas (refer to FEMA Technical Bulletin 11-01, page 7, Guidance for Pre-Engineered Crawlspaces). This limitation is intended to prevent these crawlspaces from being converted into habitable spaces.
(iv) 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. The type of drainage system will vary because of the site gradient and other drainage characteristics, such as soil types. 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 or mechanical means.
(v) The velocity of floodwaters at the site should not exceed five feet per second for any crawlspace. For velocities in excess of five feet per second, other foundation types should be used.
(vi) A “basement,” for the purposes of this chapter, is any area of the building having its floor subgrade (below ground level) on all sides.
(3) Utilities.
(a) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
(b) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters.
(c) New and replacement storm water drainage systems shall be designed to accommodate flood conditions expected during a 100-year storm event.
(4) Subdivision, Short Subdivisions, Planned Unit Development Proposals.
(a) All subdivisions, short subdivisions, and planned unit development proposals shall be designed to minimize flood damage.
(b) All subdivision, short subdivisions, and planned unit development proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
(c) All subdivision, short subdivisions, and planned unit development proposals shall have adequate drainage provided to reduce exposure to flood damage; and
(d) Base flood elevation data shall be provided for all subdivision, short subdivisions, and planned unit development proposals.
(5) Review of Building Permits. Applications for building permits shall be reviewed to ensure the proposed construction will be reasonably safe from flooding, for elevation certification, and compliance with this chapter. [Ord. 962 § 2, 2005; Ord. 671 § 4.3.L, 1995.]
15.70.130 Provisions for flood hazard reduction – Specific standards.
In all areas of special flood hazards where base flood elevation data has been provided as set forth in LCMC 15.70.040(3), Basis for Establishing the Areas of Special Flood Hazard, the following provisions are required:
(1) Residential Construction.
(a) New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to the base flood elevation, which in La Conner is eight feet plus one foot.
(b) 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:
(i) 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.
(ii) The bottom of all openings shall be no higher than one foot above grade.
(iii) Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters.
(2) Nonresidential Construction.
(a) New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation plus one foot or, together with attendant utility and sanitary facilities, shall:
(i) Be floodproofed at the base flood level so that below that level the structure is watertight with walls substantially impermeable to the passage of water.
(ii) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
(iii) 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 planning director.
(iv) Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection (1)(b) of this section.
(v) Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be rated at the base flood level.
(3) Critical Facility. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the base floodplain. Construction of new critical facilities shall be permissible within the base floodplain if no feasible alternative site is available. Critical facilities constructed within the base floodplain shall have the lowest floor elevated to the base flood elevation at the site. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into flood waters. Access routes elevated to or above the level of the base floodplain shall be provided to all critical facilities to the extent possible.
(4) Manufactured Homes. All manufactured homes to be placed or substantially improved within the areas of special flood hazard shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at the base flood elevation (eight feet plus one foot); and be securely anchored to adequately anchored foundation system in accordance with general standards for construction materials and methods, subsection (1)(b) of this section.
(5) Accessory structures shall:
(a) Not be used for human habitation;
(b) Be designed to have low flood damage potential;
(c) Be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters;
(d) Be firmly anchored to prevent flotation which may result in damage to other structures;
(e) Service facilities such as electrical and heating equipment shall be elevated or floodproofed;
(f) Comply with LCMC 15.70.120, general standards, and this section, specific standards.
(6) 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 its wheels or jacking system, be attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or
(c) Meet the elevation and anchoring requirements for manufactured homes.
(7) Encroachments. The cumulative effect of any proposed development, where combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood level more than one foot at any point. [Ord. 1151 § 1, 2017; Ord. 1139 § 1, 2016; Ord. 962 § 2, 2005; Ord. 695 § 4, 1997; Ord. 671 § 4.3.M, 1995.]
15.70.140 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. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $1,000 or imprisoned for not more than 90 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein shall prevent the town of La Conner from taking such other lawful action as is necessary to prevent or remedy any violation. [Ord. 671 § 4.3.N, 1995.]