Title 11 — Title 11

For the purposes of this chapter, the following words and phrases unless otherwise clearly indicated shall have the following meanings: (1) COUNTY GOVERNING BODY. The county commission of each county in this state. (2) FLOOD or FLOODING. The general and temporary condition of par…

or Studies; Right of Entry Upon Lands for Preparation of Examinations and Surveys. (a) It shall be the function and duty of the county planning commission to make and maintain comprehensive surveys and studies of existing conditions and probable future developments in the flood-p…

Adopted Regulations to Probate Judge. The county commission is hereby authorized to enact an ordinance regulating the platting and recording of any subdivision of land as defined by this chapter lying within the flood-prone area of the county. The county planning commission shall…

In exercising the powers granted to it by this chapter, the county planning commission shall prepare and recommend to the county commission for adoption regulations governing the subdivision of land within the flood-prone area of the county. Such regulations may provide for the h…

Whenever subdivision regulations have been adopted by the county commission as provided in Section 11-19-11, then no plat of a subdivision that lies within the flood- prone area of the county shall be filed or recorded in the office of the judge of probate of the county until it …

Approval, Etc. The county planning commission shall act to approve or disapprove a subdivision plat within 30 days after its submission; otherwise, such plat shall be deemed to have been approved and a certificate to that effect shall be issued by the county planning commission o…

Plat. Whoever, being the owner or agent of the owner of any land located within a subdivision within the flood-prone areas transfers or sells or agrees to sell or negotiates to sell any land by reference to, or exhibition of or by other use of a plat of a subdivision before such …

For the purpose of promoting the health, safety, morals, convenience, order, prosperity, and general welfare of the state and counties, any county commission is hereby empowered to divide the portion of the county within the flood-prone area of the county into districts of such n…

For the purpose of providing for the division of the territory into districts, consonant with the conditions provided in this section, the county planning commission may make and certify to the county commission a single zoning plan for all the territory of the area which lies wi…

Ordinance and Map. (a) The planning commission shall have the duty of preparing a zoning plan, including both the written provisions of the ordinance and a map or maps showing the district boundaries. The commission may hold such public hearings as it deems necessary concerning t…

In availing itself of the powers conferred by this chapter, the county commission shall provide for the appointment of a board of adjustment and may provide that the said board of adjustment shall, in appropriate cases and subject to appropriate conditions and safeguards, make sp…

Because of the great financial and economic loss, as well as human suffering, caused by floods and flooding in this state and despite plans and programs directly or indirectly affecting the control of flood waters and the reduction of flooding, there also exists a clear and defin…

Any party aggrieved by any final judgment or decision of a board of adjustment established pursuant to the provisions of this chapter may within 15 days thereafter appeal therefrom to the court having jurisdiction within the county wherein the affected property of the aggrieved p…

Construction of Buildings, Subdivision or Use of Lands, Etc. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any subdivision is established or land used in violation of this chapter or of any ordinance or o…

Any person, firm, corporation or agency who, in violation of this chapter, fails to obtain the permit required herein or who violates any provision of the building code or zoning ordinances or other regulation, ordinance, or code shall be guilty of a misdemeanor and, upon convict…

Ordinances, Regulations, Etc. Wherever the regulations made under authority of this chapter require a greater width or size of yards or open spaces, or require a lower height of buildings, or require a greater percentage of lot to be left unoccupied. or impose other higher standa…

Granted to Utilities. This chapter shall not be construed to impair the right of eminent domain granted heretofore or hereafter by the laws of this state to utilities, whether public or private, or their right to design, locate, erect, construct, reconstruct, alter, or maintain u…

Areas Outside Municipalities. The county commission in each county of this state is hereby authorized and may adopt zoning ordinances and building codes for flood-prone areas which lie outside the corporate limits of any municipality in the county. Each such county commission sha…

Land-use and control measures shall provide land-use restrictions based on probable exposure to flooding. Measures specified in this section shall: (1) Prohibit inappropriate new construction or substantial improvements in the flood-prone areas; (2) Control land uses and elevatio…

In addition to land-use restrictions commensurate with the degree of the flood hazards in various parts of the area, there shall be such subdivision regulations as may be necessary: (1) To prevent the inappropriate development of flood-prone lands; (2) To encourage the appropriat…

Building codes and health regulations shall include all applicable state and local provisions and shall cover all public and private construction and development in flood-prone areas, including, but not limited to, private homes, farm buildings, all buildings (except accessory bu…

Development in Flood-Prone Areas; Issuance of Permits and Fees Therefor; Disposition of Fees. The county commission desiring to participate in this program shall require every person, firm, corporation, or agency to submit plans and specifications for all proposed construction an…

Appointment, Terms of Office, Removal and Compensation of Members; Vacancies. The county commission may, by resolution or ordinance, create a county planning commission for the purpose of enforcing this chapter. The county commission shall appoint not less than five nor more than…

Record of Transactions, Etc.; Officers; Meetings; Appointment of Employees and Staff; Acceptance and Expenditure of Funds. The county planning commission shall adopt bylaws for the transaction of business and shall keep a record of its transactions, resolutions, findings, and det…