76-5-209. Appeal from order
76-5-209. Appeal from order. (1) A person aggrieved by any order of the department issued under parts 1 through 4 of this chapter may appeal from the order to a court of competent jurisdiction within 30 days after the order’s effective date. Service of notice of the appeal must be made upon the department. (2) If an […]
76-5-301. Land use regulations
76-5-301. Land use regulations. (1) Upon transmittal of the flood plain information to officials of a political subdivision, the political subdivision has 6 months from the date of transmittal to adopt land use regulations that meet or exceed the minimum standards of the department. The regulations may include, for the purposes of flood plain management only, […]
76-5-302. Substitution of local control for state permit system
76-5-302. Substitution of local control for state permit system. (1) If a political subdivision enacts, in harmony with the purposes of parts 1 through 4 of this chapter, permit issuance ordinances, regulations, or resolutions and land use ordinances, regulations, or resolutions that meet or exceed the minimum standards of the department and if the administrative and […]
76-5-401. Permissible open-space uses
76-5-401. Permissible open-space uses. The following open-space uses are permitted within the designated floodway to the extent that they are not prohibited by any other ordinance or statute and provided they do not require structures other than portable structures, fill, or permanent storage of materials or equipment: (1) agricultural uses; (2) industrial-commercial uses such as loading areas, parking […]
76-5-402. Permissible uses within flood plain but outside floodway
76-5-402. Permissible uses within flood plain but outside floodway. Permits must be granted for the following uses within that portion of the flood plain not contained within the designated floodway to the extent that they are not prohibited by any other ordinance, regulation, or statute: (1) any use permitted in the designated floodway; (2) structures, including but not […]
76-5-403. Prohibited uses within floodway
76-5-403. Prohibited uses within floodway. The following nonconforming uses shall be prohibited within the designated floodway: (1) a building for living purposes or place of assembly or permanent use by human beings; (2) a structure or excavation that will cause water to be diverted from the established floodway, cause erosion, obstruct the natural flow of water, or reduce […]
76-5-404. Artificial obstructions and nonconforming uses
76-5-404. Artificial obstructions and nonconforming uses. (1) An artificial obstruction or nonconforming use in a designated flood plain or designated floodway enforced under 76-5-301(1) and (2) and not exempt under 76-5-401 through 76-5-403 or subsection (2) or (3) of this section is a public nuisance unless a permit has been obtained for the artificial obstruction or […]
76-5-110. Penalties for violation
76-5-110. Penalties for violation. Any person who violates 76-5-401 through 76-5-404 shall be guilty of a misdemeanor and shall upon conviction thereof be fined not more than $100 or be imprisoned in the county jail for not more than 10 days or be both so fined and imprisoned. Each day’s continuance of a violation shall be […]
76-5-201. Program for delineation of flood plains and floodways
76-5-201. Program for delineation of flood plains and floodways. (1) The department shall initiate a comprehensive program for the delineation of designated flood plains and designated floodways for each watercourse and drainway in the state. It shall make a study relating to the acquiring of flood data and may enter into arrangements with the United States […]
76-5-202. Designation of flood plains and floodways
76-5-202. Designation of flood plains and floodways. (1) When sufficient data has been acquired by the department, the department shall establish, by order after a public hearing, the designated flood plain within which a political subdivision may establish land use regulation. (2) When sufficient data has been acquired, the department shall establish, by order after a public […]