Title 61, Waters

1. Each community shall submit the floodplain management ordinances adopted under the national flood insurance program [42 U.S.C. 4001 et seq.] to the department for review. 2. If the department determines there is a failure by a community to comply with the intent, purposes, and…

Upon delineation of the floodway under the national flood insurance program [42 U.S.C. 4001 et seq.], uses shall be permitted within the floodway to the extent that they do not result in any increase in flood levels during the occurrence of the base flood discharge. Any exception…

1. Upon delineation of the floodplain or floodway under the national flood insurance program [42 U.S.C. 4001 et seq.], the following uses must be permitted within the flood fringe to the extent the uses are not prohibited by any other ordinance, regulation, or statute: a. Any use…

1. It is unlawful for any person to establish any use that does not comply with this chapter within any floodplain without prior written approval of the affected community. Every use placed in the floodplain in violation of this chapter or a floodplain management ordinance adopte…

This chapter shall not apply to the following actions or construction, as long as the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained, and the cumulative effect of any such action or construction will not increase the water surface…

The department or any community must notify all landowners prior to making any entry upon any lands and waters in the state for the purpose of making an investigation, survey, removal, or repair contemplated by this chapter. An investigation of a nonconforming use or existing con…

Notwithstanding any other statute or regulation, all state property and structures on state property are subject to the provisions of this chapter and any ordinances adopted under this chapter or the national flood insurance program [42 U.S.C. 4001 et seq.]. The appropriate state…

Communities that have residential and nonresidential structures in areas subject to excessive flooding, as determined by the department, shall participate in the national flood insurance program administered by the federal emergency management agency. A community is not required …

Before issuing a permit or authorization to allow a use in a regulatory floodway, the community responsible for permitting or authorizing the use shall notify the department of the proposed use. The department shall determine whether a functioning hydraulic model is needed to mea…

The department shall establish, operate, and maintain a publicly accessible electronic central repository for local floodplain management ordinances, local floodplain management agreements, and all annual certifications received by the department. The repository must reflect whic…