48-3601. Definitions 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 and duties pursuant to section 48-3610. 2. " Board" means the board […]
48-3602. Organization of county flood control district 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 entitled to […]
48-3603. Powers, duties and immunities of district and board; exemptions 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 property and […]
48-3604. Establishing zones in the district 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 […]
48-3605. Assistance for floodplain delineations; duties of director 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 sufficient accuracy to allow adoption […]
48-3606. Assistance for topographic mapping 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 hydraulic and hydrologic computations for determining floodplain […]
48-3607. Director may contract for work The director may contract with private persons, firms or other governmental agencies to carry out his duties under this article.
48-3608. Assistance in flood insurance program 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 engineers floodplain management […]
48-3609. Floodplain delineation; regulation of use; federal requirements and definitions 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 with the criteria […]
48-3609.01. Watercourse master plans; definition 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 each […]
48-3609.02. Adoption of rules; procedures; exemptions; definition 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 provide […]
48-3610. Assumption of powers and duties by cities and towns; resolution; definitions 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 […]
48-3611. Citizens’ flood control advisory board; qualification; functions 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 […]
48-3612. Board of review 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 […]
48-3613. Authorization required for development in watercourses; exceptions; enforcement 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 […]
48-3614. Declaration of public nuisance; abatement 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 action of this […]
48-3615. Violation; classification; civil penalties; strict liability 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 […]
48-3615.01. Notice of violation; hearing; final decision; civil penalty; injunctive relief 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 […]
48-3615.02. Judicial review; remedies 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 precluded from pursuing other remedies […]
48-3616. Survey and report of flood control problems and facilities; comprehensive program; adoption by board; hearing 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 […]
