Title 48 — Special Taxing Districts

In this article, unless the context otherwise requires: 1. "Area of jurisdiction" means the incorporated and unincorporated areas of the county, including public lands, excluding those incorporated areas of cities or towns which have elected to assume floodplain management powers…

A. Each county shall organize a county flood control district to include and govern its area of jurisdiction. B. The county board of supervisors shall be the board of directors of the district. The directors shall not receive compensation for their services as such but are entitl…

A. A county flood control district organized under this article is a political taxing subdivision of this state and has all the powers, privileges and immunities granted generally to municipal corporations by the constitution and laws of this state, including immunity of its prop…

A. The board may divide the area of jurisdiction into two or more zones, the boundaries of which shall be described in a resolution adopted at a hearing held pursuant to subsection C. B. The board may alter the boundary lines of any previously established zone or zones pursuant t…

A. The director of water resources shall develop and adopt criteria for establishing the one hundred-year flood and delineating floodplains. B. If a district is required to delineate a floodplain pursuant to section 48-3609 and the floodplain has not been delineated with sufficie…

If sufficient monies have been appropriated, state monies or assistance allowed by this chapter may be provided to a district to aid in preparing topographic maps or to gather other elevation or channel cross-sectional data necessary, as determined by the director, for making hyd…

The director may contract with private persons, firms or other governmental agencies to carry out his duties under this article.

A. The director is designated as the state coordinator of the national flood insurance program to assist local jurisdictions in complying with the requirements of such program and state law. B. The director is designated as the state coordinator of the United States army corps of…

A. Except as provided in section 48-3610, the board within its area of jurisdiction shall delineate or may by rule require developers of land to delineate for areas where development is ongoing or imminent, and thereafter as development becomes imminent, floodplains consistent wi…

A. If a district organized pursuant to this chapter has completed a watercourse master plan which includes one or more watercourses, and if the plan has been adopted by the board or by any other jurisdiction in that river or drainage system, the board and the governing body of ea…

A. The board of directors shall adopt procedures for the adoption, amendment, repeal and enforcement of rules. B. The procedures shall contain at least the following provisions: 1. The district shall provide at least two weeks' notice of a meeting at which the public is able to p…

A. The powers and duties prescribed by section 48-3609 for floodplain management may be assumed by the governing body of an incorporated city or town within its area of jurisdiction if the incorporated city or town declares by resolution that it intends to assume the powers and d…

A. The board of directors may appoint a citizens' flood control advisory board consisting of seven members. Five members shall be resident taxpayers and qualified electors of the district, at least three of whom shall be residents of the cities in the district. At least one of th…

A. The board of directors may establish a board of review, which may be the advisory board or a committee of the advisory board to sit in review and make decisions as follows: 1. Interpret regulations adopted pursuant to this article if the meaning of a word, phrase or section is…

A. Except as provided in section 48-3625 and in this section, a person shall not engage in any development which will divert, retard or obstruct the flow of waters in any watercourse without securing written authorization from the board of the district in which the watercourse is…

All development located or maintained in a floodplain since August 8, 1973 in violation of this article or of floodplain regulations established by the board and without written authorization from the board is a public nuisance per se and may be abated, prevented or restrained by…

A. It is unlawful for a person to engage in any development or to divert, retard or obstruct the flow of waters in a watercourse if it creates a hazard to life or property without securing the written authorization required by section 48-3613. Where the watercourse is a delineate…

A. If the chief engineer finds that a person has engaged or is engaging in development in the floodplain without a floodplain use permit, has engaged or is engaging in any development that is not in compliance with an active floodplain use permit or has damaged or interfered with…

The final decision of the board of hearing review is subject to judicial review pursuant to title 12, chapter 7, article 6. A district that has established civil penalties for violations of its regulations or ordinances or for damage or interference to its facilities is not precl…

A. After a flood control district has been established in a county having a population of over three hundred thousand persons according to the latest federal decennial census, the board shall cause the chief engineer to make or have made by the flood control engineer or by qualif…

A. On the application of a district organized pursuant to this article, and subject to available appropriations, the director of water resources shall conduct a study and, if deemed justified by the director, develop a flood control plan to address any flood control problem in th…

A. After a county flood control district has been established pursuant to this article, the board may order that facilities be acquired, constructed, operated and maintained from available monies of the district. If sufficient monies are not available, the board may call an elect…

A. The bonds authorized pursuant to section 48-3618 shall be issued for the general purpose or purposes provided in the voted proposition, which may be the acquisition by purchase, construction or otherwise of any facilities designed to further the objects or purposes of the dist…

A. The district shall annually, not less than fifteen days before the first day of the month in which the county board of supervisors is required by law to levy county taxes, certify to the board of supervisors: 1. The amount of taxes to be levied in each year on the taxable real…

The board of directors may institute joint projects by two or more contiguous zones for acquiring, financing, constructing, maintaining, operating, extending, repairing or otherwise improving any flood control work or improvement located or to be located in one or more of such zo…

A. For the purpose of acquiring authority to proceed with any project of special benefit to a zone, as well as for the purpose of acquiring authority to proceed with any joint project by any two or more contiguous zones, as provided by section 48-3620.01, the board of directors s…

A right-of-way in, under, along or across a public highway, public street or public property within a flood control district shall be granted to the district if found by the board to be necessary or convenient for performing any work authorized by this article and if designs for …

A person desiring to make a connection to any storm water drain of a flood control district or to cause floodwaters or storm or other waters to be emptied into any ditch or drain of the district shall first apply to the district for permission to make the connection. The district…

Any bond issued under this article may be refunded pursuant to resolution adopted by the board of directors in the manner provided in this article for the issuance of other bonds, except that an engineer's report or hearing need not be obtained or held, and it is not necessary to…

A district may cooperate with the United States and this state or any instrumentality, department, agency or political or municipal subdivision of either in the construction, maintenance and operation of flood control projects and the enforcement of this article and regulations a…

A county flood control district may not exercise any power or authority granted by this article, nor may it undertake or cooperate in planning, authorizing, constructing, acquiring, extending, improving, maintaining or operating any flood control structures, dam systems or projec…

If any board, district or governing body fails to comply with or violates the requirements of this article, the attorney general shall take prompt and appropriate legal action to compel compliance by the jurisdiction and its elected officials. The attorney general may, in his dis…

Services provided by a county to a county flood control district are subject to reimbursement pursuant to section 11-251.06.

Interest on a judgment in a condemnation proceeding instituted by the district or by a power district or an agricultural improvement district pursuant to chapter 11 or 17 of this title, including interest that is payable pursuant to section 12-1123, subsection B, shall be calcula…

In this article, unless the context otherwise requires: 1. "District" means a district organized pursuant to article 1 of this chapter. 2. "Emergency" means a situation that creates an immediate threat to the health or safety of a person or property caused by flood, earthquake, h…

To ensure fair and open regulation by districts, a person: 1. Is eligible for reimbursement of fees and other expenses if the person prevails by adjudication on the merits against a district in a court proceeding regarding a district decision as provided in section 12-348. 2. Is …

A. A district inspector or regulator who enters any premises of a regulated person for the purpose of conducting an inspection shall: 1. Present photo identification on entry of the premises. 2. On initiation of the inspection, state the purpose of the inspection and the legal au…

A. A district shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule, regulation, ordinance, executive order or delegation agreement. A general grant of authority does not constitute a b…

A. For any new ordinance or regulation requiring a license, a district shall have in place an overall time frame during which the district will either grant or deny each type of license that it issues. The overall time frame for each type of license shall state separately the adm…

A district that issues licenses shall provide the following information to an applicant at the time the applicant obtains an application for a license: 1. A list of all of the steps the applicant is required to take in order to obtain the license. 2. The applicable licensing time…

The district shall publish, or prominently place on the district website, at least annually, a directory summarizing the subject matter of all currently applicable ordinances, rules, regulations and substantive policy statements. The district shall keep copies of this directory a…

A. The board of directors shall establish a procedure to receive complaints from an adversely affected person concerning ordinances, rules, substantive policy statements or district practices alleged to violate this chapter. B. The board of directors may require the complaint to …

A. An applicant for a license subject to this article may request a district to clarify its interpretation or application of a statute, ordinance, regulation, executive order, delegation agreement or authorized substantive policy statement affecting the procurement of that licens…

This article does not apply to: 1. An ordinance, regulation or substantive policy statement that relates to only the internal management of a district and that does not directly and substantially affect the procedural or substantive rights or duties of any segment of the public. …