BEFORE THE BOARD OF COUNTY COMMISSIONERS. LANE COUNTY. OREGON

ORDINANCE NO. 8-10 IN THE MATTER OF AMENDING CHAPTERS 10 AND 16 OF LANE CODE TO MODIFY EXISTING FLOODPLAIN REGULATIONS IN ORDER TO CORRECT DEFICIENCIES; ACHIEVE CONFORMITY WITH OREGON BUILDING CODES AND TO INCORPORATE CERTAIN BEST MANAGEMENT PRACTICES AND HIGHER REGULATORY STANDARDS. (LC 10.271 AND LC 16.244) (Department File No. PA 10-5658)

The Board of County Commissioners of Lane County ordains as follows

Chapter 10 and 16 of Lane Code are hereby amended by removing, substituting and adding new sections as follows:

REMOVE THESE SECTIONS INSERT THESE SECTIONS

10.271 10.271 located on pages 10-681 through 10-690 located on pages 10-681 through 10-697 (a total of 10 pages) (a total of 17 pages)

16.244 16.244 located on pages 16-446 through 16-455 located on pages 16-446 through 16-462 (a total of 10 pages) (a total of 17 pages)

Said sections are attached hereto and incorporated herein by reference. The purpose of these substitutions and additions is to modify existing floodplain regulations in order to correct deficiencies, achieve conformity with Oregon Building Codes and to incorporate certain best management practices and higher regulatory standards.

While not part of this Ordinance, the findings attached as Exhibit "A and incorporated herein by this reference are adopted in support of this decision.

ENACTED this day of 201 0

Chair, Lane County Board of Commissioners

Recording Secretary for this Meeting of the Board

APPROVED AS TO FORM

10.27 1-05 Lane Codc

FLOODPLAIN COMBINING DISTRICT

10.271-05 Purpose. The purposes ofLC 10.271 are designcd to: (1) Protect hrnnan life, health and property. (2) Minimize expenditnre of public money arrd costly flood control projects. (3) Minimize the need for rcscue and relief efforts associated with flooding,

which are typically undertaken at the cxpense of the general public. (4) Minimize unnecessary and prolongcd disruption of commerce and p ~ ~ b l i c

sewices during timcs of flood. (5) Minimize damage to public facilities and utilities such as water and gas

mains, electric, telephone and sewer lines, and streets and bridgcs locatetl in areas of special flood hazards.

( 6 ) Help maintain a stable tax base by pl-oviding for the sound use n ~ l t l

development of special flood hazard areas so as to minimize future blight. (7) Ensore that potential buycrs are notified that property is in an area of

special flood hazard. (8) Ensnre that those who occupy the areas of special flood hazard assnrne

responsibility for their actions. (9) Minimize the potcnlial for containination to surface and gronnd waters

from pollutants exposed or released during flood events. (10) Manage the alteration of flood llazard areas to minimize the immcdiate and

curnnlative impacts of tlevclopment on the natural and beneficial functions of thc floodplain. (Revised by Ordirr(,nce No 3-91; Eredive 51791)

10.271-10 Methods of Redncing Flood Losses. Iu order to accomplish its purpose, this section includes methods and provisions for:

(1) Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities.

(2) Requiring that uses vulnerable to floods, inclnding facilities which serve such uses, be protected against flood damage at the time of initial construction.

(3) Controlling the alteration of natural floodplains, stream channels and natural protective barriers, wl~ich help accommodate or chamel flood waters.

(4) Controlling filling, grading, dredging and other development, which may increase flood damage.

(5) Preventing or regulating the construction of flood barriers, which will unnaturally divert flood waters or which may increase flood hazards in other areas. (Revrscd by Ordintrnce No 3-91, E//ecrn,e 5 17 91)

10.271-12 Definitions. Unless specifically detined in LC 10.271-12 below, words and phrases used in LC 10.271 shall have the meanings provided in Lane Code 10.020.

Area of Suecialt:lood Hazard. 'The land in the floodplain witl~in a community subject to a one percent chance of flooding in any given year. Flood designations on FIRMS in Lane County for these areas include the letters A, AE and AO, also referred to as the Special Flood Hazard Area (SFHA).

Bankfull Stage. The flow stage of a river in which the stream completely tills its channel and the evaluation of the water surface coincides with the bank margins.

Base Flood. A flood that has a one percent chance or greater of being equaled or exceeded in any given year.

10.271-12 Lane Code 10.271-12

Base Flood Elevation (BFE). The water surface elevation during the base flood in relation to a specific d a t u ~ ~ ~ . Tlic BFE is depictcd on the FRlbl to the ncarest foot and OII

the FIS to tlie nearcst 0.1 foot. Basement. Any area of a building having its floor subgrade (below ground level)

on all sides. Breakaway Wall. A wall that is not part of the structural support of the building

and is intended through its design and construction to collapse under specific latcral loading forces, without causing damage to the elcvatcd portion of tlie building support fom~dation system.

Critical Facility. A facility that is critical for the health and welfare of the populatio~i and is especially important following ;I hazard event. Critical facilities include hot are not liniited to:

(a) Hospitals, nursing lioines, ant1 liousing likely to contai~~ occupants who may not be sufficier~tly mobile to avoid death or injury during a flood;

(b) Policc stations, fire stations, vehicle and equipment storage facilities, and cniergency operations centers that are needed for flood response activities before, during, and atter a flood;

(c) Public and private utility facilities that are vital to maintaining or restoring ~~orinal services to flooded areas bcfore, during, a~ld aRcr a flood;

(d) Critical facilities also includc tliosc facilities that if damaged or inundated during a flood event have tlie potential to create fill-tlier detrimental risks to the licalth of the population and the environment. These include all landfills, dumps, waste treatment facilities and also any industrial facilities that produce, use or store hazardous materials.

Critical Facilities do not include surface and ground water related facilities or infrastructure necessary for the intake, processing or treatment of drinking water.

m. The vertical datum is a base measurement point (or set of points) from which all elevations are determined. Historically, that common set of points has been tlie National Geodetic Vertical Datum of 1929 (NAVD29).

Development. For the purposes of LC 10.271, development means any man- made change to improved or unimproved real estate, including but not limited to buildings or other struehlres, mining, dredging, filling, grading, paving, excavation or drilling operations and the storage of equipment and materials located within the area of special flood hazard. Development does not include:

(a) Signs, markers, aids, etc. placed by a public agency to serve the public; ( b ) Driveways, parking lots, or other opcn space use areas where no alteration

of topography occurs; (c) Minor repairs or improvements to existing strllchlres provided that the

alterations do not increase the size or intensity of use, and do not co~istitute rcpair of substantiaI damage, or substantial improvement as defined in this ordinance;

(d) Customary dredging associated with routine channel maintenance consistent with State or Federal laws and permits; or

(e) Posts or beams with thickncss a ~ ~ d width dimensions no larger than 12 inches by 12 inches, which are placed outside of tlie regulated floodway and spaced a minimum of 6 feet apart and which do not provide structural support to a habitable structure.

Dip-. Digital Flood Insurance Rate Maps depict flood risk, zones and flood information in a format ssuitabIe for electronic mapping applications. In Lane County, the adopted hardcopy FIRM remain the final authoritative and regulatoly floodplain management map documents and DFIRM data is used for reference porposes.

10.271-12 Lane Code 10.271-12

Encroachment. An encroachment is the expansion or infringement of uses, fill, --

excavation, buildings, permanent struclures or other development into a floodway which may ilnpcdc or altcr the flow capacity of a floodplain.

Flood or Flooding. A general and temporary contlition of partial or complete inundation of nornlally dry land areas from the overflow of inlantl or tidal waters andlor the unusual and rapid accumulations and runoff of surK~ce waters from any source.

Flood Elevation Determination. A determination by the Floodplain Administrator of the water surface elevations of the base flood from the approved flood hazard sh~dies.

Flood Insurance Rate Map (FIRM). The official map on whicll the Federal Insura~lce Admillistration has delineated both the areas of special flood hazards and the risk pre~niun~ zones applicable to the co~n~nunity.

Flood I~isumncc Study. The official report provided by the Federal Insurance Ad~ni~~istration that ir~clutles flood pn~files n ~ ~ d the waler surface elevation of the base flood.

Floodplain. A physical geographic term describing any land area susceptible to being inundated by watcr from ally source.

Floodplain Management. The operatio11 of an overall program of corrective and preventative mcasures for reducing flood damage, inch~diug, but not limited to, emergency preparethless plans, flood control works and floodplain rnanagcment regulations.

Floodplain Management Regulations. This section of Lanc Code, together with building code requiren~e~lts, health regulations and any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

Flood Proofing. Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Flood Protection Elevation. The elevation(s) to which structures, utilities substantial in~provements and other development mnst be constructed to ~nini~iiize the potential for inundation during a 100-year flood event . This elevation is two feet above the base flood elevation in AE zones and three feet above highest adjacent grade in A and A 0 zones. For critical facilities the flood protection elevation is set at one foot above the 500-year flood elevation. These 500-year flood inundatioll areas are depicted as "shaded X zones" on the FIRM.

Flood Source. The river, stream, lake, reservoir or other water body where floodwaters are likely to originate or spread out from and impact adjacent land.

Floodway. (Re~ulatow Floodway). The channel of a river or other watercourse and those portions of the floodplain adjoining the channel required to discharge and storc floodwater or flood flows associated with the regulatory flood. These areas must be reserved in order to enable the discharge of base flood waters without culnulatively increasing the water surface elevation more than one foot.

Freeboard. A factor of safety usually expressed in feet above a flood level for the purposes of floodplain management.

Hazardous Materials. Substances defined as such in any of the following: (a) Hazardous waste as defined in ORS 466.005(7). (b) Toxic substances as defined in ORS 465.003(9). (c) Any substance defincd as a hazardous substance pursuant to section

101(14) of the federal Comprehensive Environmental Response, Compensation and Liability Act, P.L. 96-510, as amended.

(d) Oil as defined in ORS 465.200(19).

10.271-12 Lane Code 10.271-12

(e) Any substance that meets the criteria established pursuant to ORS 465.400.

Hiahcst Atliacent Gratle (HAG). The highest natural and unaltered elevation of the ground surface as of December 18, 1985, adjacent to the proposed walls of a structure, ~~n less the adjacent grade has been altered by fill placed ant1 approved in accordance with a fill permit issued pursuant to LC 10.271

Letter of Map Change (LOMC). An official FEMA determination, by letter, to amend or revise effective Flood Insurance Rate Maps and Flood Insurance Studies. LOMCs are issued in the following categories:

(a) Letter of Map Amendment (LOMA): A revision based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a spccific propc~ty is not located in a spccial flood ha~artl area.

(b) Letter of Map Revision (LOMR): A revision based on technical data that depicts changes to flood zones, flood elevations, floodplain and floodway delineations, and plani~netric features, which are typically due to manmade changes. One common type of LOMR, a LOMR-F, is a detemiinatio~l that a structure or parcel has been elevated by fill above the base flood elevation and is exclutlcd f io~n the special flood Iiazal-d area.

(c) Conditional Letter of Map Revision (CLOMR): A formal i-evie\v and comment by FEMA as to whether a proposed projcct complies with tlie ~nini~num National Flood Insurance Program floodplain management criteria. A CLOMR does NOT amend or revise effective Flood Insurance Rate Maps or Flootl lnsura~lce Studies.

I.owu\t l:loor (str~~cturc.~ othcr tl1:1n :I ~ i i :~nu t~c t~~rcd dwcllind. 'The lowcsl lloor - . - . - - - . of a structure is thc I ~ ~ c s t 11uor u t ' t l ~ ~ . lowest encIus~.d ilre:i ol't11c strI1ctllrc. includinc ~ h c - basement. An unfmished or flood resistant enclosure (such as an attached garage), usable solely for parking of vehicles, building access or storage, in an area other than a basement, is not considered the structure's lowest floor, provided that such enclosure is not built as to render the structure in violation of the applicable non-elevation design requirements of LC 10.27 1-45.

Lowest Floor (mam~facturetl dwellings). For manufactured dwellings the lowest floor means the bottom of the longitudinal chassis frame beam in all A zones and the bottom of the lowest structural member supporting the home in V zones.

Manufactured Dwelling. A manufactured dwelling (aka, inanufactored home or mobile home) is a structure, transpoltable in one or nlore sections, built on a permanent chassis and designed to be used with or without a pennanent foundation when connected to the required utilities. The term "Ma~~ufactured Dwelling" does not include a "Recreational Vehicle."

Market Value. The value of real property (i.e. building.) as shown on the most current official Tax Assessor's records or as determined by an independent professional Oregon-licensed property appraiser.

Mean Sea Level (MSL). For the purposes of implementing floodplain management within Lane County MSL shall be synonymous with the National Geodetic Ve~tical Datum of 1929 (NAVD29).

Natural Elevation. Natural Elevation is the elevation of natural grade, or the grade in existence before December 18, 1985.

New Construction. New construction means a structure for which the "start of construction comnienced after December 18, 1985, and also includes any subsequent snbstantial improvements to the structure.

Primary Containment. A tank, pit, container or vessel of first containment of liquid or chemical.

10.271-15 Lane Code 10.271-15

Secondarv Containment. A second tank, catchment pit, or other vessel with sealed bottoms ant1 sides that contains liquid or solid chemicals leaking or leaching from a primary containment area; monitoring and recovery are required.

Start of Construction. Start of Construction includes substantial i~nprovements --

and means the date the building pennit was issued, provided the actual start of constnlction, repair, reconstn~ction, or improvement was within 180 days of the permit date. The actual- start rneans either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of colnmns, or any work beyond the stage of excavatio~~; or the placement of a manufactured ho~ne on a foundation. Pel-manent constnlction does not include land preparation, such as cleal-ing, grading and filling; nor does it include the installati011 of streets andlor walkways;, nor does it include excavatiou for a basement, footings, piers, or foundations, or the el-ection of temporary FOIIIIS; uor does iL include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the achlal start of coustniction means the first alteration of any wall, ceiling, floor, ol- other structural p a ~ t of a building, whether or not that alteration affects the external dimensions of the building.

S t r i~c t i~ l .~ in a Flood IIazatd Area. A roofed building with t\vo or more walls, n manufactured I~oine or a tank used to store gas or liquid which is principally above ground or a modular or temporaly building.

Substantial Damage. Damage of ally origin sustained by a structure whereby the cost of restoring the structure to its pre-damage condition would equal or exceed twenty- five percent (25%) of the market value of the structure before the damage o c c u ~ ~ e d .

Substantial Improvement. Any combination of repairs, reconstruction, alteration or improvements to a structure taking place during the life of the stn~cture, the cumulative cost of which equals or exceeds 25 percent of the "market value" as defined herein of the existing structure before "the start of construction" of the improvement. This term also includes structures which have incurred "substantial damage" regardless of the actual repair work performed. For the purpose of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimeusions of the structure. The term does not, however, include any project for improvement of a structitre to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcelllent official and which are the ~ni~iilnum necessary to assure safe living conditions. (Rrvisrd by Ordi,m,,ce No. 1-07; Eflctive 3.23.07)

10.271-15 Lands to Which This Section Applies. This section shall apply to all areas of flood hazard within Lane Co~inty, and overlay the regulations of the underlying zone.

(1) Areas of flood hazard for Lane County under the jurisdiction of the Rnral Comprehensive Plan are identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "THE FLOOD INSURANCE STUDY (FIS) FOR LANE COUNTY, O E G O N UNINCORPORATED AREAS", with accompanying FIood Insurance Rate Maps (FIRM).

(2) Areas of flood hazard shall also include any land area designated by the Floodplain Administrator as susceptible to inundation of water from any source where the above-referenced Flood Rate Insurance Maps have not identified any special flood hazard areas.

(3) Flood hazard arcas described in LC 10.271-15(1) and (2) shall be adopted by Board Ortlet; made a part of Lane Manual (LM 11.020) and filcd ill the office of thc Dcpart~ne~~t. Such studies shall forn~ the basis for the administration and i ~ n p l e ~ ~ ~ e ~ ~ t a t i o n of this section. (Revised by 0,dinonce No. 3-91, b;I/eclive 5.1 7.91; 2-98, 4.8.98; 1-07. 3.23 07)

10.271-20 Warning and Disclaimer of Liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes. Larger floods can and will occur on rare occasions. Flood heights may be increased by human-made or natural causes. This section does not irnply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This scction shall not create liability on the part of Lane County, any officer or en~ployee thereof, for any flood da~nagcs that resrrlt from reliance on this section or any atlrni~~islrative dec is io~~ Iawfi~lly matle I~el-eunde~-. (Reviser1 by Ordinance ,\'a 3-91, l f l e c ~ i ~ e 5 17.91)

10.271-25 Dcsignation of Floodplain A d n ~ i ~ ~ i s t m t o r . The Planning Director or his or her designee is hereby appointed as the Floodplain Administrator who is responsible for administering and implementing tbe provisions of this section.

10.271-30 Duties and Responsibilities of the Admiaistt ator. Ilotics ofthe Floodplain Ad~ninistrntor shall include, bi~t shall not be limited to:

( I ) Review all floodplain development peg- nit applications to assure that the permlt requirements ofthis section have been satisfied.

(2) Review proposed development to assure that all necessary permits have been received from those federal, state or local governmental agencies from which prior approval is required. Copies of such permits shall be provided and maintained on file.

(3) Review all develop~nent applications to determine if the proposed development is located in the floodway; and if so, ensure that the restrictions and requirements of LC 10.271-45(45)(4) are enforced.

(4) When base flood elevation data or floodway data are not available then the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or otbcr source in order to administer this section.

(5) When Base Flood Elevations or o the~ current engineering data are not available, the Floodplain Administrator sl~all take into account the flood hazards, to the extent they are known, to determine whetber a proposed building site will be reasonably safe from flooding.

(6) Obtain verify, and record the achlal elevation in relation to the vertical datum on the effective FIRM, or highest adjacent grade, of the lowest floor level, including basement of all new cot~struction or substantially improved struchlres.

(7) Obtain, verify and record the achial elevation in relation to the vertical datum on the effective FIRM to which any new or substant~aliy improved structures l~ave been flood-proofed.

(8) When flood-proofing is utilized for a stn~clure, the Floodplain Administrator shall obtain certification of design criteria from a registered professional engineer or architect.

(9) Where interpretation is needed of the exact location of the boundaries of areas of special flood hazards including the regulatory floodway (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the Floodplain Administrator shall make the interpretation. A person contesting the

10.271-40 Lane Code 10.271-45

location of the bounda~y may appeal the interpretation to tlie hearings official as provided i r ~ LC 14.500.

(10) Ensure that all records pertaining to the provisions of tliis scc t io~~ are permanently maintained and available for public inspection. (Revised by Ordinance No. 1-07. Lflejjecrive 3.23.07)

10.271-40 Development Subject to Floodplain Administrator. Approval. Approval shall bc obtained before co~istruction or develop~nent begins within any area of special flood hazard. Approval shall be required for all stmctures, manufactured homes, a ~ ~ d "developinent" as tliis tcr~ii is defined in LC10.271-12. Applications for- developmcl~t outside of the regulatcd floodway shall be reviewed as ministerial land use applications. Applications for developnicnt within the regulated floodway shall be filed with tlic Departmenl pursua~~t to LC 14.050 and processed pursuant to LC 14.100. (Revisetl by -

Ordinance iVo 3-91, Efecltve 117.91; 1-07. 323.07)

10.271-45 Pro\,isions for Flood Hazard Retlnction. 111 a11 arcas of flood hazard, the followi~ig standards are required:

( I ) Provisior~s applicable tounnumberetl A, AE and A 0 zones: (a) All new colistr~~ction and s~~bs ta~~t ia l irnprove~nc~its shall be

co~~structed with approved inaterials and i~tility equipment resistant to flood damage. (b) All new co~istruction and substantial i~nproveme~~ts shall be constructed

using n~ethods and pl.acticcs that minimize flood damage. (c) Electrical, heating, ventilation, plumbing a~id air-co~iditioni~ig

eq~ipment and other service facilities shall be designed andlor otherwise elevated or located so as to prevetit water from entering or accumulating within the components during conditions of flooding.

(d) Agricultural and equine buildings, which are exempt from building code requirements are prohibited in Areas of Special Flood Hazards.

(2) Review of Building Permits. Where elevation data is not available either through the Flood Insurance Study or from another authoritative source, applications for building and manufactured home place~nent pennits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness shall include the use of historical data, high water marks, photographs of past flooding, etc., where available.

(3) Critical Facilities. Construction of new critical facilities shall be prohibited within the full extent of tlie 500-year floodplain, including the SFHA. Substa~itial itnprovements to existing critical facilities may be peimissible if:

(a) The substa~itially improved facility is constructed on fill placed in accordance witli tile t i l l material criteria provided in Table 1 of LC 10.271 -45.

(b) The lowest floor of the substantially improved facility is elevated on fill at least 1 foot above tlie elevation ofthe 500-year flood.

(c) The suhstaiitially i~iiproved critical facility lias at least one access road connected to land ontside tlie 500-year floodplain that is capable of supporting a 4,000-pound vehicle. The entire surface of the access road must be no lower than the elevation of the 500-year flood.

(d) Where appropriate, tlood proofing and sealing measures must be taken to ensure that any hazardous materials used or stored on site will not be displaced by or released illto floodwaters. Appropriate tlood proofing requirements are outlined in the FEMATechnical Bulletin 3-93.

(4) Floodways. Located within areas of special flood hazard established in LC 10.271-15 are areas designated as floodways. Since the floodway is an extremely

10.271-45 Lane Code 10.27 1-45

hazardous area due to the veloeity of flood waters which carry debris, poter~tial projectiles, and create erosion potential, tlie following provisions apply:

(a) Except as provided in LC 10.271-45(4)(b)(i) through (ix) and LC 10.271-45(4)(c) and (d) below, all encroachments, including fill, new construction, substantial improvements, below ground storage tanks and septic systems, structures elevated on piers, posts or pilings and all other development are prohibited.

(b) Exceptions. Where permitted within the underlying base zone, the following encroachments and uscs may be conditionally permitted within the flootlway provided they meet thestandards set forth in LC 10.271-45(4)(e),

(i) Public roads; (ii) Bridges and culverts (iii) Public and private irtilities and associatcd infrastmctore; (iv) Pulnp houses ilsetl escl~~sively for wcll opcratioll and

maintenance, which are less than 25 square feet in size; (v) Sand and gravel extraction operations, excluding batch

processing; (vi) Revetments; (vii) Structures for flootl control. (viii) Docks, piers, boat ramps, landings ant1 stail-s (ix) Fish passage structures and channels

(c) For any existing lot or parcel within the regulato~y floodway that can be demonstrated to have been rendered not developable for a dwelling or for tlie p r i ~ n a ~ y use allowed in the base zone, by application of the LC 10.271-45(4)(a), a variance to waive the applicable development restrictions may be applied for pursuant to LC 10.271.55(2). Any development permitted pursuant to this provision shall also meet the criteria of LC1 0.27 1 -45(4)(e).

(d) Temporary Encroachments. Tempora~y encroachments in the Floodway for the purposes of capital improvement projects (including bridge constructionlrepair) are permitted providetl they meet the standards and provisions outlined in tlie FEMA Region X Guidance Memorandum: Temporary Encroach~nents into the Floodway, October 2009. This memora~idum is on file in the Department of Public Works, Land Management Division Offices.

(e) Criteria for Encroaclune~its within the Floodway. Any encroachments, including fill, new construction, substantial improvements and other development permitted pursilant to LC 10.271-45(4)(b)(i) through (ix) or LC 10.271- 45(4)(c) must meet the following criteria:

(i) Certification by a registered professional engineer is provided denionstrating that encroachments shall not resi~lt in any increase in flood levels during the occurrence of the base flood discharge. This evidence shall utilize hydrologic and hydraulic analyses performed in accordance with standard engineering practices.

(ii) All encroachments permitted pursuant to LC 10.271- 35(3)(a) sliall comply with all applicable provisions for development in zones as outlined in Table 1, below.

(f) Land divisions and property line adjustments for residential purposes are prohibited if the resulting lots or parcels do not have a demonstrable developable area located outside of the Floodway that is of sufficient size to accommodate a dwelling and septic system. Notwithstanding this provision, land divisions for permanent conservation purposes that do not result in a development area located outside of the floodway may be approved if such applications are submitted along with an easement that prohibits the development ofthe res~iltant lot or parcel located within the floodway.

10.271-45 Lanc Code 10.271-45

(g) Construction of new solid board privacy fencing is prohibited within the Floodway, unless the fencing is desigued to collapse or break-away, ant1 is cabled together so as to not create debris. As an alternative to a break-away design, a new f e ~ ~ c c may be designed to allow the passage of water by having a flap or opening in the areas at or below the base flood elevation sufficient to allow floodwaters to pass freely. Stockade panels, chain link, barbed wire and other agricultural feuces are not sub.ject to this provision.

(11) Where basc flood elevations have been provided but floodways have not, the ctlmulativc effect of any proposcd development, whcn combined with a11 other existing and anticipated development, shall not increase the water surface elevation of the basc flood more than one foot at any point.

( 5 ) Dcveloplnent in arcas of special flood hazard shall also comply with the applici~ble provisions oollined in Tuble I: Prol~isiorrs,fiJr. Flood Huzurzl Red~rcliorr.

Table I : Provisions,for Flood Hazard Reduction

Flood Zone "A," A 0

Fo~~ndat ions a11r1 A~~cl ror ing (1) All new constructio~~ and substantial improvements shall be

anchorcd to prevent flotation, collapse and lateral movement of the st~ucture.

(2) All manufactu~ed dwellings must likewise be anchoretl to prevent flotation, collapse and lateral move~nent, in accordance with the State of Oregon, Manufactured Dwelling Standard.

(3) If fol~ndation walls are used for manufactured dwellings either: (a) Base flood elevations must be established at the

proposed site and the manufactured dwelling stand is situated a minimum of 2 feet above the BFE, or;

(b) Base flood elevations must be established at the proposed building site and the foundation walI is opened on one side or end so that floodwaters cannot be trapped.

(1) All new const~.uction and substantial improvements subject to lcss than 18 inches of flood water during a 100-year flood shall be anchored lo prevent flotation, collapse and lateral movement.

(2) All manufactured homes subject to less than 18 iuches of flood water during a 100-year flood shall be anchored andlor sopported to prevent flotation, collapse and lateral movement, in accordance with the State of Oregon, Manufactured Dwelling Standard.

(3) All new constructiol~, substantial improvenlents and manufactured subjcct to 18 inches or more of flood water during a 100-year flood, shall be anchored to prevent flotation, collapse, and lateral movement which may reasonably occur independently or combined. Designs for meeting this requirement shall be certified by an Oregon registered engineer or architect.

(4) Foundations for all new construction, substarltial in~provements, and manufactured homes subject to 18 inches or more of flood water during a 100-year flood or

10.271-45 Lane Code 10.27 1-45

designated floodway. shall be certified by an Oregon registered professional engineer or architect to meet the following ~ n i n i ~ n u n ~ fountlatio~l rcquircments: (a) concrete footings sized for 1500 psf soil pressure unless

data to substantiate tlie use of higher values are sub~nitted.

(b) footings extending below the frost line. (c) reinforced concrete, reinforced masonry, or other

su~tably designed supporting systems to resist all vertical and lateral loads which may reasonably occur ilidcpcndently or conibincd.

If foundation walls are used for lnan~ifactured dwellings the stand shall bc a mi nil nun^ of two kc1 above the BFE unless the foondation wall is opened on one sitlc or end so that floodwater

- into tlie system. New and replacement public or commu~lity sewerage facilities shall be designed to minimize or eliminate infiltrz~tion of flood waters into tlie systems and discharge horn the systems into flood waters; and Whenever feasible, all new and replacement soil absorption systems must be setback a minimum of 25 feet from the SFHA. Where a suitable location for a standard (i.e. tank/ leach field) system is not available outside of the SFHA, new and replacement systems may be placed in the SFHA provided they are: (a) designed to minimize or eliminate infiltration of flood

waters into the system (guidance on installing an appropriate sewage backflow device is outlined in the FEMA memorandum: Installing Backflow Valves, April 2008. This memorandum is on file with the Land Manage~ncnt Division).

(b) located at tlie highest elevation above tlie flood source as practicable,

(c) locatcd at the n~axi~nuni perpendicnlar distance away from the flood source as practicable.

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. Public water systems which utilize wells for a source(s) shall be constn~cted such that the top well elevation is at least hvo feet above the 100-year flood elevation. New and replacenlent public or community sewerage facilities shall be designed to niininiize or eliminate infiltration of flood waters into the syste~ns and discharge from the systems into flood waters. Whenever feasible, all new and replacement soil absorption systems must be setback a minimum of 25 fee: fiom the SFHA. Where a suitable location for a standard (i.e. tank/ leach field) --

Flood Zone "A,"AO

cannot be trapped. IJtilities (1) All new and replacement water supply systems shall be

designed to minimize or eliminate infiltration of flood waters

10.271-45 Lane Code 10.271-45

Flood Zonc "A," A 0

system is not available ontside of the SFHA, new and replacement systems may be placed in the SFHA provided they are: (a) designed to minimize or elilni~~ate i~~f i l t r a t io~~ of flood

waters into the system (guidance 011 ir~stalling an appropriate sewage backflow device is outlil~ed in the FEMA memorandunl: Installing Backflow Valves, April 2008. This memorandum is on file wit11 the Land Management Division);

(b) located at the highest elevation above the flood source as practicable; and

(c) located at the maximum ~el-~endiculal- tlistalice away . , . ,

from the flood source ns practicable. Elevation: Residential New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevatcd three feet above the highest adjacent grade. Crawlspace constrnction is outlined in FEMA Teclmical Bulletin 1 1-01 entitled "CI-awlspace Construction of Buildings located in Special Flood Hazard." This bullctin is OII file wit11 tllc Land Management Division. New constructio~~ ant1 substantial improvement of any residential S ~ ~ U C ~ I I I P sl~all have the lowest floor, including base~~ient, elevated to two feet above base flood elevation. Crawlspace constri~ction is outlined in FEMA Technical Bulletin 11-01 entitled "C~awlspace Construction of Buildines located in Soecial Flood Hazard." This

industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated three feet above grade; or, together with attendant utility and sanitary facilities, shall be flood- proofed to a level three feet above the highest adjacent grade, so the structure is watertight with walls sobstantially imper~neable to the passage of water. New construction and substantial improvement of any comn~ercial, industrial or other nonresidential strncture shall either havc the lowest floor, including basement, elevated to a level at least one foot above the base flood elevation; or, togetl~cr with attendant utility and sanitary facilities sl~all:

(a) be flood-proofed to two feet above the base flood level, so the structure is watertight with walls substantially impermeable to the passage of water;

(b) have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

(c) be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the s t ~ c h l r a l design, specifications and plans. Such certification shall be

Flood Zone "A," A 0

" ~ ~-

bulletin is on file with the Land Management Division. I Elevation: Nonresidential

New construction and substantial improvement of any commercial,

10.271-45 Lane Code 10.271-45

"A," and A 0

Flood Zone "A," A 0

(1) All manufactured homes that al-e placed or substantially improved within AE zoncs shall be elevated so that the bottom of the longitudinal chassis frame bean1 is a minimom of hvo feet above the basc flood clcvation.

provided to the Floodplain Administrator as set forth in LC 10.271-30(8). Nonresidential structures that arc elevated, not flootl-proofed, inus1 meet the same standards as rcsidential constroction of fully enclosed arcas below the lowest floor in AE zones.

Applicants flootl-proofing nonresidential buildings shall be notifictl that flootl insurance premiums will be based on rates that are one foot bclow the flood-proofed level (e.g., a building constructcd to the base flood level will be rated as one foot below that level). -- Elevation of Manufactured Homes

( I ) All rnannfacti~red dwellings placetl or substantially i~nprovetl within A zones sllall be elevatctl so that the bottom of the longiti~tli~lal cllassis frame beam is a inillinlunl of tlnee feet above the highest adjacent grade.

Flood Zone "A," A 0

Elevation of Recreational Vellicles In all Special Flood Hazard Areas, recreational vehiclcs which are all allowed use or structure permitted within thc i~nderlying basc zone, must either:

(a) be placed on the site for fewer than 180 consecutive days; and

(b) be fully licensed and ready for highway use, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached structures or additions; or

(c) meet all the permit requirements of LC 10.271-25 including the applicable elevation standards and anchoring requirements for manufactured dwellings.

Enclosed Areas Fully enclosed areas below the lowest floor shall be designed to automatically equalize llydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a rcgisteretl professional cngineer or architect, or must meet or excccd the followillg minimum criteria:

(a) A minimirnl of two openings located on separate walls having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade.

(b) Openings shall be located to allow unrestricted cross- flow of floodwaters through the enclosed area from one side to the other.

(c) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. --

10.271-45 Lane Code 10.27 1-45

Flood Zone "A," A 0

Flood Zone "A," A 0

For residential construction, fi~lly enclosed areas below the lowest floor shall be designed to automatically equalizc hydrostatic llood forces in exterior walls by allowing for the cntry a ~ ~ t l cxil of floodwaters. Designs for meeting this reqi~ire~nent must either be certified by a registered professio~ial engineer or atchitect 01- most meet or exceed the following ininimum criteria:

(a) A minimum of two openings located on separate walls having a total net area of not less thao one square inch for every square foot of enclosed area subject to flooding sl~all be provided. The bottom of all openings shall be no higl~cr than one foot above gradc.

(b) Openings shall be located to allow unrestricted cross- flow of floodwaters through the e~iclosctl al~ea from one side to the othcr.

(c) Openings may be equipped with screens, louvers, or otlier coverings 01. devices provided that thcy permit the automatic entry and exit of flood waters.

Koiltls Atlequatc provisions shall bc made fol- accessibility during a 100-ycar flood, so as to cnsurc ingress and egress for ordinary and emergelicy vehicles and services during potential futurc flooding. (1) Adequate provisiolis shall be made for accessibility during a

100-year flood, so as to ensure ingress and egress for ordinary and emergcncy vehicles and services during potential future flooding.

(2) No road surface of any new street, road or access road shall be . . at an elevation less than one foot below the base flood height.

Subdivisions and Partitions (1) All land division proposals shall be consistent with the need to

minimize flood damage; (2) All l&d division proposals shall have public utilities and

facilities such as sewer, gas, electrical and water systems located and constr~icted to miuimizc flood darnage;

(3) All land division proposals shall have adequate drainage provided to reduce exposure to flood damage; and

(4) Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals ant1 other proposed develonments which contain at least 50 lots or five acres (whichever is less).

1 All land division nronosals shall be consistent with the need to \ , & .

minimize flood damage. (2) All land division proposals shall have adeqilate drainage to

reduce exposure to flood damage, including retutning water. (3) 100-year flood elevation data shall be provided and shown on

final partition maps and subdivision plats. Applicant must show the boundaries of the 100-year flood and floodway on the final partition map or subdivision plat.

(4) A permanent monument shall be established and maintained on land partitioned or subdivided showing the elevation - in feet

10.27 1-45 Lane Code 10.27 1-45

Flood Zone "A," AE and A 0

above mean sea Icvel. The location of such monument shall be shown on thc final partition ma[) or subdivision plat.

(5) All subdivision proposals shall havc public utilities and facilities such as scwer, gas, electrical and water systems locatcd ant1 constructetl to minimize flood damage.

(6) Residential building lots or parccls sl~all have atleql~atc buildable area outside of the regulatory Floodway in

- accortlance with I,C 10.271-45(4)(f) Wet Flooll Proofing of Accessory Structures Relief from the elevation or dry flood-proofing standards may be granted for an acccssory struchlre containing 110 inore than 400 square feet. Such a strncture r ~ n ~ s t meet the following standards:

(a) The accessory structure shall be locatetl on a propelly with a dwelling;

(b) It shall not be used for human habitation ant1 may be used solely for parking of vehicles or storagc of items having low damagc potential when submerged;

(c) It sl~all be constructed of flood resistant inaterials; (tl) It sllall be constroctcd ant1 placetl on the lot to offcr the

minimum resistance to the flow of flootlwaters; (e) I t sl~all be firmly anchored to prevent flotation; (f) Services such as electrical and heating equipment sl~all

be elevated or flood-proofed to or above the Flood Protection Elevation;

(g) It shall be designed to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater. Designs for complying with this requirement must be certified by a licensed professional engineer or architect or

( i ) provide a minimum of hvo openings with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

(ii) the bottom of all openings shall be no higher than one foot above the higher of the exterior or interior grade or floor immediately below the opening;

(iii) openings may be equipped with screens, louvers, valves or other coverings or devices provided they pcrmit the autonlatic flow of floodwatel- ill both directions without manual intervention.

(h) All fertilizers, automotive fuels and lubricants, paint thinners and other similar hazardous materials stored within a wet flood proofed structute must be stored in a secondary containment vessel. The secondary containment vessel must be securely mounted above the flood protection level in such a manner that it cannot be illundated or become mobile during a base flood event.

(i) Applica~~ts seeking a wet flood proofing permit must sign and have recorded a "Wet Flood Proofing Covenant and Agreement" instrument, which permanently documents the use limitation of the structure.

10.271-45 Lanc Code 10.271-45

--

t l~e SFHA shall comply with the following

Flood Zone A, AE and A 0

slandards: (a) Fill must consist of soil and rock materials only. (b) Drcdged material may be used as fill only upon

certification of suitability by a registcrctl professional engineer.

(c) The use of fill shall not increase flooding or cause drainage problems on neighboring properties.

(d) Landfills, dumps and sanitary landfills are not pennitted in the SFHA.

(e) All fill used to support structures within t l ~ c SFHA must: (i) Bc colnpacled to 95% of the n ~ a s i ~ n u ~ n

density obtainable by the Standard Proctor Test (ASTM Standard D-698) or its equivalent, and its suitability to support stn~ctures certified by a registered professional engineer.

(ii) Have slopcs no greater than hvo horizontal to one vertical. Flattcr slopes may be required where velocities may result in erosion. Atlequate el-osion protection must be p~ovided for f i l l slopes exposed to moving flood waters (slopes exposed to flows with velocities of up to 5 feet per second (fps) during the base Hood must, at a minimum, be protected by a permanent cover of grass, vines, weeds, or similar vegetation; slopes exposed to flows with velocities greater than 5 fps during the base flood must, at a minimum, be protected by appropriately designed stone, rock, concrete, or other durable products.

Alteration of a Watercourse A water course is considered altered when anv chance occurs within " ~ ~~

its banks, including installation of new culverts and bridges, or size modifications to existing culverts and bridges. The following provisions apply to the alteration of watercourse.

(a) The bankfull stage flood carrying capacity of t l~e altered or relocated portion of the water course shall not be di~ninished. Prior to issuance of a floodplain development permit, the applicant mnst submit a description of the extent to which any water course will be altered or relocated as a result of the proposed development and submit certificatioti by a registered professional engineer that the bankfull flood carrying capacity ofthe water course will not be diminished.

(b) Adjacent communities, the U.S. Amiy Corps of Engineers, Oregon Department of State Lands, and Oregon Department of Land Conservation and Development must be notified prior to any alteration or relocation of a water source. Evidence of notification must be submitted to the Floodplain Admir~istrator and to the Federal Emergency Management Agency.

(c) The applicant shall be responsible for providing the

Lane Codc I0 271-55

I necessary maintenance for the altered or relocatetl portion of the water course so that the flood carryi~~g 1

) capacity will not be tlirninishcd. (Revised by Ordrt~once No. 1-07. Eficrive 3.23.07)

10.271-50 Emergency Permits. The Floodplain Administrator may issue an emergency permit orally or in writing:

(a) If issued orally, a written pe~mit shall follow within five days confirming the issuance and setting fodh the conditions of opcration.

(b) En~ergency pern~its may be issued to protect existing sl~orelines or structures under i~nmecliate threat by flood or storm waters or for the prevention of channel changes that threaten immediate and significant loss of prope~ly.

(c) A ~eprcsenlalive of Lanc County may inspect the pl-ojcct site to verifi that an cmcrgency condition exists and that the emergency action will not significantly impact water resources.

(d) Emergency permits shall be in cffect for the t i~uc rcquirecl to co~nplete the autl~orized c~nel-gency action and shall not excced 60 days.

(e) The erncrgency permit shall be circulated for public illformation within 10 days of issua~~cc.

(I) The Floodplain Ad~ninistrator shall condition emergency per~nits to protect and conserve the waters of this County. (Revised by Ordirmrtce No 1-07, fi.rective 3.23.07)

10.271-55 Variancc Procedures. (1) Scope. Variance to a requirement standard or procedure of this section,

with respect to the provisions for flood hazard reduction, may be approved by the Director if an application is submitted, reviewed and approved pursuant to the criteria for approving variances in LC 10.330, and the application complies with the additional criteria listed below.

(a) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places of the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this subsection.

(b) Variances shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.

(2) Special Floodway Variances. For any existing lot or pa~cel within the regulatoly floodway that can be demonstrated to have been rendered not developable for the primary use allowed in the base zone by application of LC 10.271-45(4)(a), a variance to waive thc applicable developmc~~t resl~ictions may be applied for. Variances will be processed following the procedures outlined in LC 10.330 with additional findings of compliance addressing the following criteria:

(a) It shall be the burden of the property owner to demonstrate how application of LC 10.271-45(4)(a) would render the lot or parcel undevelopable for a tlwelli~~g or for the prima~y use allowed in the base zone.

(b) It can be demonstrated that the lot or parcel was lawfully created prior to the date that LC 10.271-45(4)(a) became effective and that the inability to develop the lot or parcel is not the result of a property line adjustment that occurred subsequent to the date LC 10.271-45(4)(a) took cffect.

(c) Due to topograpl~y, parcel size or configoration, options for developn~ent outside of the floodway are physically impossible.

(3) Any development permitted pursuant to LC 10.271-55(2) shall meet the criteria of LC 10.271-45(4)(e) and sl~all also meet the following btandards:

10.271-55 Lane Code 10.27 1-55

(a) All stroctures shall be located at tlie maximum distance away from tile flood source and at the higliest elevation above tlie flood source as practicablc to mitigate Ll~e risk of flood damage.

(b) Any approved develop~nent shall be the mininlun~ size and scale necessary to alleviate the difficolty and render the property developable.

(c) Ally habitable structures permitted pursuant to LC 10.271-55(2) lnust be constrt~cted on a pier and beam supported foundation in order to nlaximize conveyance of floodwaters. (4) Conditions. Reasonable conditions may be established in connection with a variance as deemed necessary to secure the purpose and requirements of this section. In cases where a variance is granted to allow residential construction wit11 a lowest floor elcvation below the required ininimuln elevation, or nonresidential flood-proofing below the required minimum elevation, the applicant shall recorcl a tleetl covcnanl, illat t l~c cost of flootl iususance will bc con~~nensu~able wit11 the increased risk resulting from the reduced floor elevatiot~ of flood-proofing. (Revhed by Ordinance rVo 1-07. Erective 3.23.07)

FLOODPLAIN COMBINING ZONE (In-RCP) RURAL COMPREHENSIVE PLAN

16.244 Flootlplair~ Combining Zone (FP-RCP). (1) m. The purposes of LC 16.244 are to:

(a) Protect human life, health and property. (b) Minimize expenditure of public money and costly flood control

projects. (c) Minimize thc need for rescue and relief efforts associated with

flooding, which are typically undertaken at the expcnse of the general public. (d) Minimizc unnecessary and prolonged disruptio~~ of colnmcrcc and

public services during ti~ncs of flood. (c) Mioimize tla~iiage to public facilities and utilities such as watcr and

gas mains, elect~.ic, telephone and sewer lines, and streets and bridges located in areas of special flood hazards.

(f) Help maintain a stable tax base by providing for thc sountl usc and develop~nent ofspccial flood hazard areas so as to minimize future blight.

(g) Ensure tliat pote~~tial buyers are notified that property is i n an area of spccial flood hazard.

(h) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

(i) Minimize the potential for conta~ni~iation to surface and ground waters from pollutants exposed or released during flood events.

(i) Manage the alteration of flood hazard areas to minimize the immediate and cumulative impacts of development on the natural and beneficial functions of the floodplain.

(2) Methods of' Reducing Flood Losses. In order to accomplish its purpose, this section includes methods and provisions for:

(a) Restricting or prohibiting uses which are dangerous to health, safety and property doe to water or crosion hazards, or which result in damaging increases in erosion or in flood heights or velocities.

(b) Requiring that uses vulnerable to floods, including facilities which serve snch uses, be protected against flood damage at the time of initial construction.

(c) Controlling the alteration of natural floodplains, stream channels and nan~ral protective barriers, which help accolnrnodate or channel flood waters.

(d) Controlling tilling, grading, dredging and other development, which {nay incrcase flood damage.

(e) Preventing 01. regulating the construction of flood barriers, which will unnaturally divert flood waters or which may increase flood hazards in other areas.

(3) Definitions. Unless specifically defined in LC 16.2440) below, words and phrases used il l LC 16.244 shall have the meanings provided in Lane Code 16.090.

Area of Special Flood Hazard. The land in the floodplain within a com~nnnity sob~ect to a one percent chance of flooding in any given year. Flood designations on FIRMS in Lane County for these areas include the letters A, AE and AO, also referred to as the Special Flood Hazard Area (SFHA).

Bankfull Stage. The flow stage of a river in which the streal11 completely fills its channel and the elevation of the water surface coincides with the bank margins.

Base Flood. A flood that has a one percent chance or greater of being equaled or exceeded in any given year.

16.244 Lane Code 16.244

Base Flood Elevation (BFE). The water surface elevation during the base flood in relation to a specific datum. The BFE is depicted on the FRIM to the nearest foot and on the FIS to the nearest 0.1 foot.

Basement. Any area of a building having its floor subgrade (below ground level) on all sides.

Breakaway Wall. A wall that is not part of the structliral support of the building and is intended through its design and construction to collapse ander specific lateral loading forces, withoot causing damage to the elevated portion of the building support foundation system.

Critical Facility. A facility that is critical for the health and welfare of the population and is especially important following a hazard event. Critical facilities i ~ i c l ~ ~ d c but are not limited to:

(a) Hospitals, nu~sing homes, and housing likely to contain occupants who may not be st~fficiently mobile to avoid death or injury during a flood;

(b) Police stations, fire stations, vehicle and equipment storage facilities, and emergency operations centers that are needed for flood response activities before, during, and after a flood;

(c) Public and private utility facilities that are vital to maintaining or restoring normal services to floodcd areas before, during, ant1 after a flood;

(d) Critical facilities also include those facilities that if damaged or inundated during a flootl event have thc potential to create [urther detrimental risks to the l~calth of the population and thc environment. These include all landfills, dumps, waste treatment facilities and also any industrial facilities that produce, use or store hazardous materials.

Critical Facilities do not include surface and ground water related facilities or infrastructure necessary for the intake, processing or treatment of drinking water.

Datum. The vertical datum is a base measurement point (or set of points) from which all elevations are determined. Historically, that common set of points has been the National Geodetic Vertical Datum of 1929 (NAVD29). Development. For the purposes of LC 16.244, development means any man-made change to improved or unimproved real estate, including hut not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or-drilling operations and the storage of equipment and materials located within the area of special flood hazard. Development does not include:

(a) Signs, markers, aids, etc. placed by a public agency to servc the public;

(b) Driveways, parking lots, or othcr o p c ~ ~ space usc areas where no alteration of topography occ~~rs;

(c) Minor repairs or improvements to existing stnlchlres provided that the alterations do not increase the size or intensity of use, and do not constitute repair of substantial damage, or substantial improvement as defined in this ordinance;

(d) Customary dredging associated with routine channel maintenance consistent with State or Federal laws and permits; or

(e) Posts or beams with thickness and width dimensions no larger than 12 inches by 12 inches, which are placed outside of the regulated floodway and spaced a minimum of 6 feet apart and which do not provide stn~ctural support to a habitable structure.

Digital FIRM (DFIRM). Digital Flood Insurance Rate Maps depict flood risk, zones and flood information in a format suitable for electronic mapping applications. In Lane County, the adopted hardcopy FIRM remain the final authoritative and

16.244 I>ane Code 16.244

regulatory floodplain management map documents and DFlRM data is used for reference purposes.

Encroaclnncnt. An cncroacliment is the expansion 01- infi-ingen~cnt of uscs, fill, excavation, buildings, permanent strnchlres or other development into a floodway wliicl~ may impede or alter the flow capacity of a floodplain.

Flootl or Flooding. A general and temporary condition of partial or co~nplete inundation of normally dry land areas from the overflow of inland or tidal waters and/or the unusual and rapid accumulations and runoff of snrface waters from any sonrce.

Flood Elevation Dete~mination. A determination by tlie Floodplain Administrator of tlie watcr surface clcvations of the base flood from the approvcd flood hazard stndics.

Flootl Insu~aucc Rate Mar, ( F I W . The official map 011 wl~icll tlic Fedelal Insurance Ad~ninistration has delincatcd both the areas of special flood hazards and tlie risk premium zones applicable to the coni~nu~iity.

Flood lnsnrance Study. The official report provided by thc Federal Insurance Administration that includes flood profiles antl the water surface elevation of the base flood.

Floodplai~i. A physical gcograpliic term describing any l a ~ ~ t l arcs snsceptible to bcing inundated by water fro111 any soill-ce.

m a i n Mana~ement. The operation of an overall program of correctivc and preventative ineasnres for reducing flood damage, includiug, but not limited to, emergency preparedness plans, flood control works and floodplain managenlent regulations.

Floodplain Mana~e~nen t Regulations. This section of Lane Code, together with building code requirements, health regulations and any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

Flood Proofing. Any combination of structural and nonstructoral additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or i~nproved real property, water and sanitary facilities, structures and thcil. contents.

Flood Protection Elevation. The elevation(s) to which structures, utilities, substantial i~nprove~nents and other development must be constructed to minimize the potential for inundation during a 100-year flood event. This elevation is two feet above the basc flood clcvation in AE zoncs and three feet above liighest adjacent grade in A atid A 0 zones. For critical facilities the flood protection elevation is set at one foot above tlie 500-year flood elevation. These 500-year flood inundation arcas are depicted as "shadcd X zones" oil the FIRM.

Flood Soorce. The river, stream, lake, reservoir or other water body where floodwaters are likely to originate or spread out from and impact adjacent land.

F loodwa.~ (Re~ulatoiy Floodway). Thc channel of a river or other watercourse and those po~.tions of the floodplain adjoining tlie channel required to discharge and store floodwater or flood flows associated with tlie regulatory flood. These areas must be resewed in order to enable the discharge of base flood waters without cuniulatively increasing tlie water surface elevation more than one toot.

Freeboard. A factor of safety usiially expressed in feet above a flood level for the purposes of floodplain management.

Hazardous Materials. Substances defined as such ill any of the following: (a) Hazardous waste as defined in ORS 466.005(7). (b) Toxic substances as defined in ORS 465.003(9).

16.244 Lane Code 16.244

(c) Any substance defined as a hazardous snbstance pnrsnant to section 101(14) of the federal Coniprehensive Environmental Response, Compensation and Liability Act, P.L. 96-510, as amended.

(d) Oil as defined in ORS 465.200(19). (e) Any substance tliat meets the criteria establisl~ed pursuant to ORS

465.400. Highest Adjacent Grade (HAG). Tbe highest natural and unaltered

elevation of the gronnd surface as of December 18, 1985, ad.jacent to the proposed walls of a structure, nnless the ad.jacent grade has been altered by fill placed and approved in accordance with a fill permit issued pnrsuant to LC 16.244.

Letter of Map Change ILOMC). An official FEMA determination, by letter, to amend or revise effective Flood Insurance Rate Maps and Flood Insurance Studics. LOMCs are issued in the following categories:

(a) Letter of Map Amendment (LOMA): A revision based on technical data showing tliat a property was incorrectly included in a designated special flood hazard area. A LOMA amends tlie cnn-ent effective Flood Insurance Rate Map and establislies that a spccific property is not located il l a special flood hazard area.

(b) Letter of Map Revision (LOMR): A revision based on technical data that depicts changes to flootl zones, flood elevations, floodplain and floodway delineations, and plani~netric features, wliicl~ are typically due to manniade changes. One common type of LOMR, a LOMR-F, is a determination that a structure or parcel has been elevated by fill above tlie base flood elevation and is excluded from tlie special flood hazard area.

(c) Conditional Letter of Map Revision (CLOMR): A formal review and comment by FEMA as to whether a proposed prqject complies with the minimum National Flood Insurance Program floodplain management criteria. A CLOMR does NOT amend or revise effective Flood Insurance Rate Maps or Flood Insurance Studies.

Lowest Floor (structures other than a manufactured dwellind. The lowest floor of a structure is the lowest floor of the lowest enclosed area of the structure, including the basement. An unfinished or flood resistant enclosure (such as an attached garage), usable solely for parking of vehicles, building access or storage, in an area other than a basement, is not considered the ~~~~~~~e's lowest floor, provided that such enclosure is not built as to render the structure in violation of the applicable non-elevation design requiremeuts of LC 16.244(9).

Lowest Floor (manufactured dwellings). For manufactured dwellings the lowest floor means the bottom of the longitudinal chassis frame beam in all A zones and the bottom of the lowest stnictural member supporting the home inV zoncs.

Manufacturcd Dwelling. A manufactured dwelling (aka, manufactured home or mobile home) is a structure, transportable in one or more sections, built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term "Manufactured Dwelling" does not include a "Recreational Vehicle."

Market Value. The value of real property (i.e. building.) as shown on the most current official Tax Assessor's records or as detennined by an independent professional Oregon-licensed property appraiser.

Mean Sea Level (MSL). For the purposes of implementing floodplain management within Lane Connty MSL shall be sylionymous with the National Geodetic Vertical Datum of 1929 (NAVD29).

Natural Elevation. Natural Elevation is the elevation of natural grade, or the grade in existence before December 18, 1985.

16.244 Lane Code 16.244

New Construction. New construction means a structure for which the "start of construction" commenced after December 18, 1985, and also includes any sobsequenl substantial i~nprove~nents to the structure.

Primary Containment. A tank, pit, container or vessel of first containment of liquid or chemical.

Secondary Containment. A second tank, catch~nent pit, or other vessel with sealed bottoms and sides that contains liquid or solid chemicals leaking or leaching from a primary containment area; monitoring and rccovery are required.

Start of Construction. Start of Construction includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repail; reconstruction, or improvement was within 180 days of the permit date. The actual start means cithcr the first placement of permanent construction of a structure 011 a site, such as the pouring of slab or footings, thc i~~s t a l l a t i o~~ of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not inclode land preparation, such as clearing, grading, and filling; nor does it include the installation of streets andlor walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessoly buildings, soch as garages or sheds not occupietl as dwelling units or not pal~t of thc main strocturc. For a substantial improve~nent, the actual s t a t of construction means the first alteration of any wall, ceiling, floor, or othcr structural p a ~ t of a building, whetl~er or not that alteration affects thc extenial dimensions of the building.

Structure in a Flood Hazard Area. A roofed building with two or more walls, a manufactured home or a tank used to store gas or liquid which is principally above ground or a modular or temporary building.

Substantial Damaae. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its pre-damage condition would equal or exceed hventy-five percent (25%) of the market value of the structure before the damage occurred.

Substantial Improvement. Any combination of repairs, reconstruction, alteration or improvements to a structure taking place during the life of the struchlre, the cnmnlative cost of which equals or exceeds 25 percent of the "market value" as defined herein of the existing structure before "the s t a ~ t of construction" of the improvement. This term also inclndes structnres which have incurred "substantial damage" regardless of the actual repair work performed. For the purpose of this definition "snbstantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteratiou affects the extenial dimensions of the structure. The tenn does not, however, include any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enfol-cement official and which are the minimum necessaly to assure safe living conditions.

(4) Lands to Which This Section Apvlies. This section shall apply to all areas of flood hazard within Lane Comity, and overlay the regulations of the underlying zone.

(a) Areas of flood hazard for Lane County under the jurisdiction of the Rural Comprehensive Plan are identified by the Fcderal Emergency Management Agency in a scientific and engineering report entitled "THE FLOOD INSURANCE STUDY (FIS) FOR LANE COUNTY, OREGON UNINCORPORATED AREAS", with accompanying Flood Insurance Rate Maps (FIRM).

16.244 Lane Code 16.244

(b) Areas of flood hazard shall also include any land area designated by tlie Floodplain Administrator as susceptible to inundation of water from any source where thc above-refcl-enccd 1:Iood Rate Tnsorance Maps have not identified any special flood hazard areas.

(c) Flood hazard areas described in LC 16.244(4)(a) and (b) sliall be adopted by Board Order, made a part of Lane Manual (LM 11.020) and filed in the office of the Department. Such studies shall form the basis for the administration and imple~nentation of this section.

(5) Warning and Disclaimer of Liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes. Larger floods can and will occur on rare occasions. Flood heights may be increased by human-made or natural causes. This section does not imply that land outside the areas of special flood hazards 01- uses pcrn~ittcd within such areas will be fiee fi-om flooding or flood tlanli~ges. This section shall not create liability on the part of Lane County, any officer or employee thereof, for any flood damages that result from reliance on this section or any administrative decisio~~ lawfi~lly made hereunder.

(6) Desi~nation of Floodplai~~ Adlninistrator. The Planning Director or his or her designee is hereby appointed as the Floodplain Administrator who is responsible for administering and in~ple~nenting the provisions of this section.

(7) I)uties and Responsibililies of the Administrator. The duties of the Floodplain Administrator shall include but not be limited to:

(a) Review all floodplain development permit applications to assure that the permit requirements of this section have been satisfied.

(b) Review proposed developnlent to assure that all necessary permits have been received fiom those Federal, State or Local govern~nental agencies from which prior approval is required. Copies of such permits shall be provided and maintained on file. (c) Review all development permit applications to determine if the proposed development is located in the floodway and if so, ensure that the restriction and requirements of LC 16.244(9)(d) are met.

(d) When Base Flood Elevation data or floodway data are not available then the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or otlier source i n order to administer the provisions of this section.

(e) When Base Flood Elevations or other current engineering data are not available, the Floodplain Administrator shall take into account the flood hazards, to the extent they are known, to determine whether a proposed building site will be reasonably safe from flooding.

(f) Obtain, vcrify, and record the actual elevation in relation to tlie vertical datum on the effective FIRM, or highest adjacent grade, of the lowest floor level, including basement of all new construction or substantially improved structures.

(9) (Obtain, verify and record the actual elevation, in relation to the vertical

datum on the effective FIRM to which any new or substantially improved structures have been flood proofed.

(h) When flood-proofing is utilized for a structure, the Floodplain Administrator shall obtain certification of design criteria from a registered professional engineer or architect.

(i) Where interpretation is needed of the exact location of boundaries of areas of special flood hazards including the regulatory floodway, (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the Floodplain Admillistrator shall make the interpretation. A person contesting the

16.244 Lal~e Code 16.244

location of the boundary niay appeal the interpretation to the Hearings Official as provided in LC 14.500.

(j) Ensurc that all rccords pcrtai~ii~ig to the p~ovisions of this scction are permanently maintained and available for public inspection.

(8) Development Subject to Floodplain Administrator Approval. Approval shall be obtained before constnlction or developmelit begins within any area of special flood hazard. Approval shall be required for all structures, manufachlred homes, and "development" as this term is defined in LC 16.244(3). Applications for development outside of the regulated floodway shall be reviewed as ministerial land use applications. Applicatio~is for developnie~~t within the regulated floodway shall be filed with the Depa~tment pnrsuant to1.C 14.050 and processed pursuant to LC 14.100.

( 9 ) Provisio~ls for Flood Hazard Reduction. In all areas of flood hazard, t l ~ c following sr;~~~tla~-ds are required:

(a) Provisions applicable to Unnn~nbered A, AE and A 0 zones: (i) All new construction and substantial improve~nents shall be

collstructed with approved materials and utility equipment resistant to flood damage. (ii) All new constrnction and substantial improvements shall be

const~.ucted using methods and practices that mi~~imize flood damage. (iii) Electrical, heating, ventilation, pl11111bi11g and air-conditionir~g

eqnipment and othel. service facilities shall be designed andlor. otherwise elevated or located so as to prevent water from entering or accu~nulat i~~g within the components during conditions of flooding.

(iv) Agricultural and equine buildings, which are exempt from building code requirements are prohibited in Areas of Special Flood Hazards.

@) Review of Building Permits. Where elevation data is not available either through the Flood Insurance Study or from another ai~thoritative source, applications for building and manufactured home placement permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness shall include the use of historical data, high water marks, photographs of past flooding, etc., where available.

(c) Critical Facilities. Construction of new critical facilities shall be prohibited within the fill1 extent of the 500-year floodplain, ineluding the SFHA. Snbstantial improvements to existing critical facilities may be permissible if:

(i) The substantially improved facility is constructed on f i l l placed in accordance with the fi l l material criteria provided i r ~ Table 1 of LC 16.244(9).

(ii) The lowest floor of the substantially improved facility is elevated on fill at least 1 foot above the elevatior~ of the 500-year flood.

(iii) The substantially improved critical facility has at least one access road connected to land outside the 500-year floodplain that is capable of supporting a 4,000-pound vehicle. The entire surface of the access road must be no lower than the elevation of the 500-year flood.

(iv) Where appropriate, flood proofing and sealing measures must be taken to ensure that any hazardous materials used or stored on site will not be displaced by or released illto floodwaters. Appropriate flood proofing requirements are outlined in the FEMATechnical Bulletin 3-93.

(d) Floodways. Located within areas of special flood hazard established in LC 16.244(4) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which cany debris, potential projectiles, and create erosion potential, the following provisions apply:

(i) Except as provided in LC 16.244(9)(d)(ii)(aa) through (ii) and LC 16.244(9)(d)(iii) and (iv) below, all encroachments, including fill, new construction,

16.244 Lane Code 16.244

substantial improvements, below ground storage tanks and septic systems, struchlres elevatcd on piers, posts or pilings and all other devcloplnent are prohibited.

(ii) Exccptio~~s. Where permitted within the 11nde1-lying base zone, the following encroachments aud uses may be conditionally permitted within the floodway provided they meet the standa~.tls set fo~th in I,C 16.244(9)(d)(v),

(aa) Public roads; (bb) Bridges and culverts; (cc) Public and private utilities antl associated infrastmcture; (dd) Pump houses used exclusively for well operation and

niaintenauce, which are less than 25 square feet in size; (ee) Sand and gravel extraction operations, excluding batch

processing; (ff) Kcvctmcnts; (gg) Structures for flood control; (hh) Docks, piers, boat ramps, landings and stairs; (ii) Fish passage structures and channels.

(iii) For any existing lot or parcel within the regulatory floodway that can be demonstrated to have been rendered not developable for a dwelling or for the prima~y usc allowed in the base zone, by application of the LC 16.244(9)(d)(i), a varia~lce to waivc the applicable developn~ent i-estrictions may be applied fol- porsuant to LC 16.244(11)(b). Any development permitted pursua~lt to this provisio~~ shall also meet the criteria of LC 16.244(9)(d)(v).

(iv) Temporary Encroachments. Temporary encroachments in the Floodway for the purposes of capital improvement projects (including bridge constructionlrepair) are permitted provided they meet the standards and provisions outlined in the FEMA Region X Guidance Memorandum: Temporary Encroachments into the Floodway, October 2009. This n~emorandun~ is on file in the Department of Public Works, Land Management Division offices.

(v) Criteria for Encroachments within the Floodway. Any encroachments, including fill, new constructio~~, substantial improvements and other deveIopment permitted pursuant to LC 16.244(9)(d)(ii)(aa) through (ii) or LC 16.244(9)(d)(iii) mnst meet the following criteria:

(aa) Certification by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during the occnrrence of the base flood discharge. This evidence shall utilize hydrologic and hydraulic analyses performed in accordance with standard engineering practices.

(bb) All encroachments permitted pursuant to 1.C 16.244(9)(d) shall comply witb all applicable flood hazard rednctioll provisious for development in zones AE as outlined in Table 1, below.

(vi) Land divisions antl property line adjustments for residential purposes are prohibited if the resulting lots or parcels do not have a tletnonstrable developable area located outside of the Floodway that is of sufficient size to accommodate a dwelling and septic system. Notwithstanding this provision, land divisions for permanent conservation purposes that do not result in a development area located outside of the floodway ]nay be approved if such applications are submitted along with an easement that prohibits the development of the resultant lot or parcel located within the floodway.

(vii) Construction of new solid board privacy fencing is prohibited within the Floodway, unless the fencing is designed to collapse or break-away, and is cabled together so as to not create debris. As an alternative to a break-away design, a new fence may be designed to allow the passage of water by having a flap or opening in the

16.244 Lane Code 16.244

areas at or below the base flood elevation sufficient to allow floodwaters to pass freely. Stockade panels, chain link, barbed wire and otber agricultural fences are not subject to this provision.

(viii) Where base flood elevations have been provided but floodways have not, the cun~ulative effect of any proposed development, when combined with all other existing and anticipated developnie~it, shall not increase tlie water si~rface elevation ofthe base flood more than one foot at any point.

(e) Development in areas of special flood hazard shall also co~nply with the applicable provisions outlined in Table I : Provisionsfor FloodfIazard Reduction.

Tcrble I : Provisions for Flood Hnzmd Re~luc~ioir

-- ~-~

substantial ini~roverne~its sliall be anchored to prevent flotation, collapse and lateral lnoveme~lt of the structure. All manufactured dwellings must likewise be ancl~orcd to prevent flotation, collapse and lateral inovelnent, in accordance with the State of Oregon, Manufactured Dwelling Standard. If foundation walls arc used l01- manofaclured dwelli~~gs citl~er: (a) Base flood elevatio~is must be established at the

proposed site and the inaiiufactured dwelling stand is situated a minimu111 of 2 feet abovc the BFE, or;

(b) Base flood elevations inust be established at tlie proposed building site and the foundation wall is opened on one side or end so that floodwaters cannot be trapped.

All new construction and substatitial improvements subject to less than 18 inches of flood water during a 100-year flood shall be anchored to prevent tlotation, collapse and lateral movement. All manufactured homes subject to less than 18 inches of flood water during a 100-year flood shall be anchored andlor supported to prevent flotation, collapse and lateral movement, in accordance wit11 the State of Oregon, Manufactured Dwelling Standard. All new construction, substantial i~nproveme~~ts a ~ ~ d ~nanufactured subject to 18 i~iclies or more of flood watcr during a 100-year flood, shall be anchored to prevellt flotation, collapse, and lateral movement which may reasonably occur independently or combined. Designs for meeting this requirement shall be certified by an Oregon registered engineer or architect.

(4) Fouridations for all new construction, substantial improvements, and manufactured liomes subject to 18 inches or more of flood water during a 100-year flood or located within a designated floodway, shall be certified by an Oregon registered professional engineer or architect to meet the following minimum foundation requirements: (a) concrete footings sized for 1500 psf soil pressure unless

16.244 Lane Code 16.244

Flood Zone -- A. A 0

data to substantiate the- use of higher values are submitted.

(b) footings extending below the h-ost line. (c) reinforced concrete, reinforced masonry, or other

suitably designed si~pporting systems to resist all vertical and lateral loads wl~ic l~ may reasonably occur independently or combined.

( 5 ) If fo~~ndation walls are uscd for ma~lufachlred dwellings the stand shall be a minimum of hvo fect above the BFE unless the foundation wall is opened on one side or end so that floodwater ca~i~iot be trapped.

Utilities (1) All new and replaccrncnt watcr s ~ ~ p p l y syslelns shi~ll be

designed to minimize or eliminate infiltration of flood watcrs into the system.

(2) New and replaccmcnt public or community sewerage facilities shall be designed to minimize or eliminate infiltration of flood waters into the systems arid discharge from the systems into flood walers; and

(3) Whcncvcr feasible, all new antl replacement soil absorption systcnis must be setback a minimum of 25 fcct from the SFHA. Where a suitable location for a standard (i.e. tank/ leach field) systeni is not available outside of the SFHA, new and replacement systems may be placed in the SFHA provided they are: (a) designed to minimize or climinate infiltration of flood

waters into the system (guidance on installing an appropriate sewage backflow device is outlined in the FEMA n~emorandu~n: Installing Backflow Valves, April 2008. This n~emorantl~~m is on file with the Land Management Division);

(b) located at the highest elevation above the flood source as practicable; and

(c) located at the maxilnurn perpendicular distance away from the flood source as practicable.

( I ) All new arid replacement water supply systems shall be designed to minirnizc or eliminate infiltration of' flood waters into the system. Public water systems which utilize wells for a source(s) shall be constructed such that the top well elevation is at least two feet above the 100-year flood elevation.

(2) New and replacement public or co~n~nunity sewerage facilities shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systemsinto flood waters.

(3) Whenever feasible, all new antl replacement soil absorption systems must be setback a milii~nun~ of 25 feet from the SFHA. Where a suitable location for a standard (i.e. tank/ leach field) system is not available outside of the SFHA, new and replacernent systems may be placed in the SFHA provided they are: (a) designed to minimize or eliminate infiltration of flood

16.244 Lane Codc 16.244

waters into the systelrl (guidance on installing an appropriate sewage backflow device is outlined in the FEMA tnemorantlwn: Installing Backflow Valves, April 2008. This memorandum is on file with the Land Management Division);

(b) located at the highest elevation above the flood source as practicable; and

(c) located at the ~ n a x i ~ n u ~ n perpendic~~lar distance away from the flood sonrce as practicable. --

Elevation: Residential New co~lstruction and snbstantial i~norovc~nent of ;inv rcsitlential 1

New construction and substantial imurovernent of anv commercial.

AE

Flood Zone A, A 0

industrial or other nonresidential structure shall either have the lowest floor, inchlding basement, elevated to a level at least one foot above the base flood elevation; or, together with attendant utility and sa~~itary facilities shall:

(a) be flood-proofed to two feet above the base flood level, so the structure is watertight with walls substantially impermeable to the passage of water;

(b) have stn~ctural components capable of resisting l~ydrostatic and hydrodynamic loads and effects of bnoyancy; and

(c) be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsectioti based on their development and/or review of the structural design, specifications and plans. Such certification shall be provided to the Floodplain Administrator as set forth in LC 16.244(7)(h). Nonresidential structures that are elevated, not floodrproofed, must meet the same

structure sllall have the lowest floor, iuch~ding baseme~~t, elevated three fcel above Lhe lligllest adjacent gradc. Crawlspace co~~struction is outlined in FEMA Technical Bulletin 11-01 elltitled "Crawlspace Construction of Buildings located in Special Flood Ijazard." This bulletin is on file with the Land Management Division. -- New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to two feet above base flood elevation. Crawlspace construction is outlined in FEMA Technical Bulletin 11-01 entitled "Crawlspace Construction of Buildings located in Spccial Flood Hazard." This

-it Division. Elevation: Nonresidential New construction and s~tbstantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated three feet above grade; or, together wit11 attendant utility and sanitary facilities, shall be flood- proofed to a level three feet above tlie highest adjacent grade, so the structure is watertight with walls substa~~tially impermeable to the

16.244 Lane Code 16.244

standards as residential construction of fully enclosed areas below the lowest flool- in AE zones.

Applicants flood-proofing nonresidential buildings shall be notified that flood insurance premiu~ns will be based on rates that are one foot below the flood-proofed level (e.g., a building constructed to the base flood level will be rated as one foot below that level).

Flood Zone of Manufactured Homes A, A 0 (1) All manufactured dwellings placed or substantially i~nproved

within A zones shall be elevated so that the bottom of the longitudinal chassis frame beam is n minimum of three feet above the highest adjacent grade.

AE

Flood Zone A, A 0

(1) All inanufactu~-ed homes that are placed or substantially improved within AE zones shall be elevated so that the bottom of the longitudinal chassis frame beam is a minimum of hvo

Flood Zone A,AE, and A 0

allowed use 01- st~uctule pel-~nitted within the untleslying basc zone, must either:

(a) be placed on the site for fewel- than 180 consecotive days;

(b) be fi~lly licensed and ready for highway use, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached structures or additious, or

(c) meet all the permit requirements of LC 16.244(9) including the applicable elevation standards and anchoring requirements for manufactured dwellings.

Enclosed Areas Fully enclosed areas below the lowest floor shall be designed to ai~tomatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or must meet or exceed the following minim~nn criteria:

(a) A minimum of two opcnings located on separate walls l~aving a total net area of not less than one square inch for every square foot of enclosed area subject to flooding sl~all be provided. The bottom of all openings shall be no higher than one foot above grade.

(b) Openings shall be located to allow unrestricted cross- flow of floodwaters through the enclosed area from one side to the other.

(c) Openings rnay be equipped with screens, louvers, or other coverings or devices provided that they permit the ~

For residential construction, fi~lly enclosed areas below the lowest floor shall be designed to nutornatically equalize hydrostatic flood forces in exterior w n r the entry and exit of

fect above the base flood elevation. Elevation of Recreational Vehicles In all Special Flood Hazard Areas, recreational vehicles which are an

16.244 Lauc Code 16.244

Flood Zone F

Flood Zone A, A 0

AE

I

floodwaters. Designs for meeting this reqnirernent lnust either be certified by a registered professional enginen- or architect or must meet or exceed the following minimum criteria:

(a) A minimum of hvo openings located on separate walls having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be IIO higher than one foot above grade.

(b) Openings sl~all be located to allow onrestl-icted cross- flow of floodwaters through the enclosed area from one side to the othel-.

(c) Openings may be eqoippcd with screcns, louvers, or othel- coverings or devices provided that thcy p c ~ ~ n i t the automatic ently and exit of flood waters.

--

Roads Adequate provisions shall be made for accessibility during a 100-yeal- flood, so as to ensure ingress and egress for ordinary and emergency vehicles and sewices during potential future flooding. ( I ) Adequate PI-ovisio~~s shall be made for nccessibiliiy t luri~~g a

100-year flood, so as to ensure ingress and egress for ordinary and emergency vel~icles and services duril~g potential future flooding.

(2) No road surface of anv new street. road or access road shall be % ,

at an elevation less than one foot below the base flood height. Subdivisions and Partitions (1) All land division proposals shall be consistent with the need to

~ n i ~ ~ i m i z e flood damage; (2) All land division proposals shall have public utilities and

facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;

(3) All land division proposals sl~all have adequate drainage provided to reduce exposure to flood damage; and

(4) Where base flood elevation data has not been provided or is not available from another authoritative source, i t shall be generated for subdivision proposals and other proposed develooments which contain at least 50 lots or five acres (whichever is less).

(I) All land division proposals shall be consistent with the need to minin~ize flood damage.

(2) All land division proposals shall have adequate drainage to reduce exposure to flood damage, including returning water.

(3) 100-year flood elevation data shall be provided and shown on final partiti011 maps and subdivision plats. Applicant must show the boundaries of the 100-year flood and floodway on the final partition map or subdivision plat.

(4) A permanent monument shall he established and maintained on land partitioned or subdivided showing the elevation in feet above mean sea level. The location of such monument shall be shown on the final arti it ion map or subdivision olat.

1 (5) All subdivision proposals sliall have utilities and

16.244 Lane Code 16.244

Flood Zone A, AE and A 0

Flood Zone A, AE and A 0

facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

(6) Rcsidcntial building lots or parcels shall have adequate buildable area outside of the regulatory Floodway in - accordance with LC1 6.24419Vdlfvi). I

\ z\ 1, , Wet Flood Proofing of Accessory Structures Relief from the elevation or dry flood-proofing standards may be granted for an accessory structure containing no more than 400 square feet. Such a strocture must meet the following standards:

(a) The accessory stri~cti~re shall be located on a property with a dwelling;

(b) It shall not bc used for buman habitation ant1 may be used solely for parking of vehicles or storagc of itc~ns llavi~~g low damage potential when submerged;

(c) It shall be consUucted of flood resistant materials; (d) It shall bc constructed and placed on the lot to offer the

mini~nu~n resistance to the flow of floodwaters; (e) It shall be firmly anchored to prevent flotation; (f) Sel-vices such as electrical and Iieatiog equipment sliall

be elevated or flood-proofed to or above the Flood Protectio~l Elevation;

(g) It shall be designed to equalize hydrostatic flood forces on cxterior walls by allowing for the airtomatic ently and exit of floodwater. Designs for complying with this requirement must be certified by a licensed professional engineer or architect or

(i) provide a minimum of two openings with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

(ii) the bottom of all openings shall be no higher than one foot above the higher of the exterior or interior grade or floor immediately below the opening;

(iii) openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwater in both directious without inanual intervention.

(h) All fertilizers, autolnotivc fucls and lubricants, paint thinners and other similar hazardous materials stored within a wet flood proofed structure must be stored in a seconday containment vessel. The seconda~y containment vessel must be securely mounted above the flood protection level in such a manner that it cannot be inundated or become mobile during a base flood event.

(i) Applicants seeking a wet flood proofing permit must sign and have recorded a "Wet Flood Proofing Covenant and Agreement" instrument, which per~nanently documents the use limitation ofthe structure.

Fill Material Fill material placed within the SFHA shall co~nply with the following

I standards:

16.244 Lane Code 16.244

Flood Zone A, AE and A 0

(a) Fill r&t consist of soil and rock materials only. (b) D~edged material may be used as fi l l only upon

certification of suitability by a registered professional engineer.

(c) The use of fill shall not increase flooding or cause drainage problems on neighboring properties.

(d) Landfills, dumps and sanitary landfills are not permitted in the SFHA.

(e) All t i l l used to support structures within the SFHA must: (i) Be compacted to 95% of the maxiniu~n

density obtainable by the Standard Proctor Test (ASTM Standard D-698) or its equivalent, and its suitability to supporl structures eeltitied by a i-egistered professional engineer.

(ii) Have slopes no greater than two I~orizontal to one ve~tieal. Flatter slopes may be required where velocities lnay result in erosion. Adequate erosion protection must be provided for fill slopes exposed to ~l~oving flood waters (slopcs csposed to flows \\,it11 velocities of up to 5 feet per second (fps) duriug the base flood inust, at a minimu~n, be protected by a pcrmanent cover of grass, vines, weeds, or similar vegctation; slopes exposed to flows with velocities greater thau 5 fps during the base flood must, at a minimum, be protected by appropriately designed stone, rock, concrete, or other durable products.

Alteration of a Watercourse A water course is considered altered when any change occurs within its banks, including installation of new culverts and bridges, or size modifications to existing culverts and bridges. The following provisions apply to the alteration of watercourse.

(a) The bankfull stage flood carrying capacity of the altered or relocated portion of the water course shall not be diminished. Prior to issuance of a floodplain developnlent permit, the applicant must sub~nit a description of the extent to which any water course will be altered or relocated as a rcsult of the proposed development and submit certification by a registered professional engineer that the bankfull flood canying capacity ofthe water course will not be diminished.

(b) Adjacent communities, the U.S. A m y Corps of Engineers, Oregon Department of State Lands, and Oregon Department of Land Conservation and Development must be notified prior to any alteration or relocation of a water source. Evidence of notificatiot~ must be submitted to the Floodplain Administrator and to the Federal Emergency Management Agency.

(e) The applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of the water course so that the flood carrying capacity will not be diminished.

16.244 Lane Code 16.244

(10) Emergency Perrnits. The Floodplain Administrator may issue an emergency permit orally or in writing:

(a) If issued orally, a writlen permit shall follow within five days confirming the issuance and setting forth the couditions of operation.

(b) Emergency permits may be issued to protect existing shorelines or strnchlres i~nder inmediate threat by flood or storm waters or for the prevention of channel changes that threaten immediate and significant loss of property.

(c) A representative of Lane Cor~nty may inspect the project site to verify that an emergency condition exists and that the emergency action will not significantly impact water resources.

(d) Emergency per~nits shall be in effect for the time req~~iretl to co~nplete the aulhol-ized emergency action aud shall not exceed 60 days.

(e) The emcigency permit sl~all be cil-culalcd for public info~~nalion within I0 days of issuance.

(f) The Floodplain Administrator shall condition emergency permits to protect and conserve the watcrs ofthis County.

(1 1) Variance Proccdnres. (a) Scope. Variance to a requirement standard or procedure of ihis

section, with rcspect to the provisio~~s fol- flood hazard reduction, may bc approved by the Director if an applicalion is submitted, reviewcd and approved prll-suarrt to the CI-iteria for approving varia~rces in LC 16.256, and the application complies with the additional criteria listed below.

(i) Varianccs may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places of the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this subsection.

(ii) Variances sl~all not be issued within any designated regulatory floodway if any inerease in flood levels during the base flood discharge would result.

(b) Special Floodway Variances. For any existing lot or parcel within the regulatory floodway that can be demonstrated to have been rendered not developable for the primary use allowed in the base zone by application of LC 16.244(9)(d)(i), a variance to waive the applicable development restrictions may be applied for. Variances will be processed following the procedures outlined in LC 16.256 with additional findings of compliance addressing the following criteria:

(i) It shall be the burden of the property owner to demonstrate how application of LC 16.244(9)(d)(i) would render the lot or parcel undevelopable for a dwelling or for the primary use allowcd in the base zone.

(ii) It can be demo~wtrated that the lot or parcel was lawfully created prior to the date that LC 16.244(9)(d)(i) became effective and that the inability to develop the lot or pareel is not the result of a propelty line adjustment that occ~~rred subsequent to the date LC 16.244(9)(d)(i) took effect.

(iii) Due to topography, parcel size or configuration, options for development outside of the tloodway are physically impossible.

(c) Any development permitted pursuant to LC 16.244 (I l)(b) shall meet the criteria of LC 16.244(9)(d)(v) and shall also rneet the following standards:

(i) All structures shall be located at the maxiruum distance away from the flood source and at the highest elevation above the flood source as practicable to mitigate the risk of flood damage.

(ii) Any approved development shall be the minimum size and scale necessary to alleviate the difficulty and render the property developable.

16.244 Lane Code 16.244

(iii) Any habitable structures permitted pursua~~t to LC 16.244(11)(b) most be constructed on a pier and beam supported foundatio~~ i n order to n~axi~nize conveyance of floodwaters. (d) Conditions. Reasonable conditions lnay be established in comection with a variance as deemed necessary to secure the purpose and requirements of this section. 111 cases where a variance is granted to allow residential construction with a lowest floor elevation below the required rninilnum elevation, or ~~o~~res ident ia l flood-proofing below the required minimom elevation, the applicant shall record a deed covenant, that the cost of flood insurance will be commensurable with the increased risk resulting from the reduced floor elevation of flood-proofing. (Revised by Ordinance No. 7-87, Effeciive 6.1 7.87; 12-87, ,?.13.87: 19-87, 10.14.87; 3- 91, 5.1791; 2-98, 48.98, 1-07, 32307)

EXHIBIT A FINDINGS AND CONCLUSIONS IN SUPPORT OF ADOPTION OF ORDINANCE NO. 8-10

The Lane County Board of Commissioners ("Board") finds as follows:

1. The ordinance to which these findings are attached consists of a series of amendments to Lane County's existing floodplain regulations (Lane Code Chapters 10.271, Floodplain Combining District (IFP) and 16.244 Floodplain Combining Zone (FPIRCP)). The proposed amendments have been drafted in order to: 1) correct errors and other deficiencies with existing code language, 2) updateregulations to maintain consistency with current Oregon Specialty Building codes, and 3) codify best management practices and higher regulatory standards;'to help reduce threats to public health and safety and achieve other related benefits.'Thyoughout these findings these changes will be referred to as: "Ordjp~jce A . . . . -. No. 81!0,!l the "flood hazard regulations," the "flood hazard amendment(~)'~~$-FG-mply "the(se)amendment(s)."

~. ~ ~~~

2. Applicable Criteria: These a rnendment~~&>~~b jec t t6.Jhe applicable ciiteria identified in Lane Code 12.005, 12.050, 10.315-26; 16:2$2(2) ~. . ~ ~ , ~ an3..:36.400. . . . . . . . . . . . ~..- . . .. . , . . , . . .

~,. .. . . - , .- ~... - . .. -, - .. .. - ~ ~. - . . 3. LC 12.005 provides review crit

... ~~ ...

~ .. ~:>s.:.~ --:<.:.

LC 12.005 Puroose. -=::~=. .-? . . - ... .~~ , ~ . ~. - . - -. - - =..==.re- (1) The boar2 shall adopt rr c o m p r e ~ ~ g s i ~ i ? ~ ~ l n n . ~

~ . I r e .. generhI$Jpose of the comprelrensive plan is the guiding of the social, e ~ o & ~ i c , irigZ@&~caI de$&pment of tlre County to best

.<%.. --.=z7--:=-.2. .~ public l~eilth,~gafety, order, co~&ni~~2e,~?53~gcj~andgeneraf . . .~ . ,. ::7.r .. welfare.

.* . . ~ ~ . - - . -. ... .t - - ~ .- . - ... - -.

These amend t impair the3;purpose 3 the Comprehensive Plan as the a guiding doc.u@em~for ~a- County. A~.optipn -~. ... of these amendments will promote public healtF s s t ~ ordeRonvenience firosperity and general welfare of the citizens =A, . *--:: . ~

' ~ i~s~ of Lane County b y e ctmga~~&,o~.alSch~nges were developed to better position Lane -7 -.-&..,*&!

County?f6?riliUgate . . . . . . ... .... ~ God: risks anf i~~reserve human life, health and property. In *, additbn, it2is;Z"ticipatedrthat ~ ~.~ .. . these changes will improve Lane County's Community %?%;, . Rating syste~"score, w I C ~ reL.3.:~.--. .wdl result in lowered flood insurance premiums for

residents. .... ~.-. ~urther;:the aJi6pfion of the floodplain amendments will promote cdiiSiStency at the lc&l level%ith applicable Oregon Specialty (building) Codes. A more~~mprehensive~f$tionale and justification for the proposed floodplain regulation changei56as been gthored by the Technical Advisory Committee (TAC) and is attached an$-:incorp~grated here by this reference. Finally, the amendments will not affect compiiince~6fthe Rural Comprehensive Plan and implementing regulations with the applicable~'~:$tatewide Planning Goals or other applicable state law as further described throughout these findings.

4. Pursuant to Lane Code (LC) 12.050(1) and LC 16.400(6)(h)(i) amendments to the Comprehensive Plan and the Rural Comprehensive Plan shall be by ordinance. Adopting Ordinance No. 8-10 accomplishes these requirements.

5. LC 12.050(2) provides review criteria as follows:

Exhibit " A to Ordinance No. 8-10 Page 1 of 4

Tlre Borrrrl may anrenrl or supplenlent tlrc conrprehe~rsivc plrn upon afi~tding oj: ((1) a11 error in the plan; or (b) changed circumstances c%/ecting or pertaining to tlze plm; or (c) a change i~r prrblicpolicy; or (d) a chcrnge in public rreed baser1 on a reevcrlrrcrtion of factors (@tirig tlre plarr; provided, tlre rrme~tdmertt or srrpplenrent does not impair theprrrpose of theplan as estcrblislred by LC 12.005 rrbove.

The proposed amendments to Lane County's existing floodplain regulations can be grouped into 3 general categories:

Required housekeeping changes needed to correct existing code deficiencies, errors or outdated language;

Updates necessary to maintain consist@cy . between ....... Lane Code and ..... . . . ...... Oregon Specialty Building Codes; or+&%.:,; " .... . . . . ~

,*~~:- ~>?, . ~

-, . ~.

~ ~~ . Updates to incorporate identified~f~ood~lain .-. best management practices and higher regulatory standards. ..6g:i?*.=. ......... ..% ~, ~. .. .... :~. ?.7.~:..

. ~,~ . ~ ~ . . .~

As described in the agenda cover memo d8f&,se$~&iber .......... 17, 2010 and the TAC memorandum attached and incorporated here%@@his reference, the flood hazard regulation amendments were developed to addre?&&ntified errors within the current regulations; respond to public c6n:c.ern ....... regarding th%srlequacy L>=,->. of the existing flood hazardregulations to protect life, 'he3ltEiand .......... ... . property; aK$o,respond to direction from the elected policy makers within Lane'Cbb@~y~;, .~ For the7qeasons the flood hazard amendments meet the requirementsdf ~ ... .~ (a ) , , , .~E~~. (~~ ;a~ .~ (d .. , above.

... =:. ......... ~- -.~. . - . ___ - ........ ......... ...... . ...... ........ . - - .... --. .. .~ -~ ~ - . .... - ..

6, LC ,400(6)(h)C_e=;=-.~==rA ra)(t3b)Zp~z"ides s imi l~~rev iew . ... . criteiia for amendments- to the Rural -- Comprehensiy&~lan, ........ ....... -. a<f@Jljows: .

~- . ." -- .-. . ~ ~. . .. - - .... . ~

.. . . .......... . .~ .- -. - ....... ..... ......... ..... - . -~ .~.. ~ .. ~ . . ~ . ' .

LC 16.400(6)m(iii) T $ & B : ~ ~ ~ ~ .,-.= . ..=. may amei&Bi supplenren t the Rrrral Conrprelrensive Plan u on making f f i 2 ~ l g n g s : ..... ........... =,.; ?~ .A ......

~ ,~, . .. - ~.~~ ~,~ .~ ~ &s&,g.z-'- . . ~~. ::. A-.mr . .=.>::;...- ~ .~ ~3%. % #" (bb) "Pp@$or ... anlliMinor Amendments as defined in LC16.400(8)(~) below, tlrc Plnrr

i l ?'a ~~~ : n n ~ e n d m e n + $ ~ ~ m ~ o & h f i ~ : ~ ~~~ ~ ...... ....... .... ...... ...'.r ZL-. ~.~ .~ - . - . -'~

........ .~:-.-:., %, -+s$-r+i-, (i-i) 'Ziri;&$essnry tozorrecl nit identifed error in the npplicntion of the Plan; OR

-m"?-%, (ii-ii) -* a h -nc?cessary to fulfill nn identijiedpublic or comnruni@ need for the intended <**>re. =....* . resrrlt off82 conponent or amendment; OR --- -=-- (iii-iii) n@?ssary to comply with tlre mandate of local, state, or federalpolicy or lntv;

.&&T. &, =%&OR m*, . y@gzi+!J%cessnry to provide f ir tlre inrplemerrtntion of aclopterl Plan policy or

elemenfs; OR ( otlrer,vise deenred by tlre Bonrcl, for rensorrs briefly scl fortlr irr its decisiolt, to be desircrble, appropriate or proper.

As described in the agenda cover memo dated September 17, 2010 and the TAC memorandum attached and incorporated here by this reference, the flood hazard regulation amendments were developed to address identified errors within the current regulations; respond to public concern regarding the adequacy of the existing flood hazard regulations to protect life, health and property; and to respond to direction from

Exhibit " A to Ordinance No. 8-10 Page 2 of 4

the elected policy makers within Lane County. For these reasons the flood hazard amendments meet the requirements of (i-i), (ii-ii) and (v-v), above.

7. LC 10.315-20 and 16.252(2) provide review criteria applicable to the adoption of the flood hazard regulation amendments. The criteria are as follows:

Tlreproposerl clrirnge to the irpplicable Chirpter of the Lirne Corle shirll: (11) Achieve the genernlprrrpose of the cltnpter; (b) Not be conbnry to the prrblic interest; .. ......=. .... .:.. ;.. < * ~

(c) Be consistent with the specific prrrposes of the zone class~ficii1io~r proposed; (4 Be consistent witlr irpplicnble Comprehensive PInn elrm.enis ....... ... -. ..... ... nnrl components; (e) Be colrsistent wit11 the Stntewirle Plnrrnilrg Gon~.$~b7Zriyy ~. portion of Lnrre Corrrtty

wlziclr Iras rrot beerr crckrrowledged for c o ~ ~ ~ ~ i n n ~ t . ' ~ ~ ~ v i t l z tiiii:$atewide ....... ..... .- PInlrrzing Goals by the Lnnd Conservntion anrl Development (3mmis~ion. ~. -%EZ2i .... .... ~ ~

. . =. . - . -;,~ .~ . -,.:,~~ e..: ... \ -. ....... - ...... As described in the agenda cover memo dated September 17, 20'~.~~~,.and . ~~ the TAC memorandum attached and incorporated here. by this. reference, the,$flflod hazard regulation amendments were developed to address identified errors within; the current regulations; respond to public concern regarding . . . . . the; adequacy of the' existing flood hazard regulations to protect life, hgalth and property: aw to respond to direction from the elected policy makers within Lane @i@y. The amendments have been promulgated by a

>==.>-:>-

need to properly manage developmc5~tZiithin a -=2z~iss%>+ Lane ~ o u n t ~ , s o , - ~ . ~ , that . risks associated with floodplain development are minimized~+and:at~&p,~sible cdnjamination of public water, resulting from adverse land uses or lB&I u~~~~@@~ment~ '~a t te rns , is minimized. For those reasons, the amendments ...... - - ~ achiev&thefgeneral$!@ose wW of both chapters and are not contrary to the putjli81nterest. ..... - . .... - ..... S'

=a? %

.-.- ....... - - . . -a

-. .. - ........ -* - F

-- c. Be co$i$&t ... -. .... with tIk??pecificpurpo~$~ . ... . -. of , t e zone clnssification proposed;

..... --- ..... - . .... ~4

, ....... ........ . . . . . . ~- -. --f =z:~..-r ,:.,

The purpose of the f 1 6 ~ ~ ~ , h ~ ~ ~ ; i c l ~ ~ ~ ~ ~ ( ~ t i , o ~ % m e n d m e n t s is to promote publid health, >s--.E* safety, &a@enera~'@&lfare . . . . dfih~"?&idents of Lane County by minimizing risks

associ6~ed with fl~ac@lain development, public and private loses due to adverse land uses %%+<g*.

or.d%d .+z7a%z. use develo~rnent i+l-..%F: pa&rns and possible contamination of public waters. The $ropQSe,d flood hazar~~~,egulation amendments were specifically designed to achieve e.; these p%Rqses and are%&refor& consistent with this criteria.

.~ ,

irpplicnble Comprehensive Plnn elements nnd components;

As described ini?fiE?agenda cover memo dated September 17, 2010 and the TAC Ex--

memorandum atta~hed and incorporated here by this reference, the flood hazard regulation amendhents were developed to address identified errors within the current regulations; respond to public concern regarding the adequacy of the existing flood hazard regulations to protect life, health and property; and to respond to direction from the elected policy makers within Lane County. The amendments have been promulgated by a need to properly. manage development within Lane County so that risks associated with floodplain development are minimized and that possible contamination of public water, resulting from adverse land uses or land use development patterns, is minimized. For

Exhibit "A" to Ordinance No. 8-10 Page 3 of 4

those reasons, the amendments will not affect and will enhance compliance with applicable comprehensive plan policies.

e. Be consistent witlr tlie Stirtewide Plimning Goirls for any portion of Lnne Coirnty lvltich Ilns not been ncknowledged for complinnce wit11 !Ire Statewide Plnnnirrg Gonls by !Ire Lnnd Conservntion and Development Commksiorr.

Pursuant of ORS 197.610, amendments to local government acknowledged land use regulations or the adoption of a new land use regulation shall be submitted to the Director of the Department of Land Conservation and Development (DLCD) for review for consistency with applicable statewide planning goals. The proposed flood hazard regulation amendments were included in notice provided ~ O D ~ C D and the changes were considered in a process that provided for citizen involvement using-the process outlined in the acknowledged Lane County Comprehensive Plafi::: . ~ The - amen'dnients will not affect or will enhance compliance with applicable camp-ree6enSive plan policies and applicable statewide planning goals. As described in the;agenda cover memo dated September 17, 2010 and the TAC memorandum atta~hed.-~g$&~i~"cor~;ia@d here by this reference, the flood hazard regulation amendments weredevel@p.ed . . . ~ ..... to:?address identified errors within the current regulations; respond to public concern'?Sga@ing -~_: (lie adequacy of the existing flood hazard regulations to protect life, health and ~Ejjplerty; - --- and to respond to direction from the elected policy makers within ~ Lane CountTgZhe amendments have been

<.:~. %~X . promulgated by a need to properly m~na@%,development$t~:~nn.~ane q=+y3-L*

~

County so that risks associated with floodplain de~elopment~a'ie~~i~~iiized ~.~ -. and tt-ppossible contamination of

u& development patterns, is l'not affect and will enhance

- F - -.

d concludes that the proposed flood hazard e':requirements set forth in the applicable

adoption of the proposal.

Exhibit " A to Ordinance No. 8-10 Page 4 of 4

Attachment 6

Memorandum

20 August 2010

The purpose of this memorandum is to provide the technical rationale for the proposed amendments to the Lane County's Floodplain regulations. The purpose of the Lane County Floodplain Combining Zones is t o promote the public health, safety and general welfare, and t o minimize public and private losses due t o flood conditions in specific a r e a ~ . ~ ~ h e proposed amendments are all consistent with the stated purpose and will better support the intent of the ordinance.

To From SUBJECT

Lane Code Chapter 10.271 is the floodplain regulations applicable within the urban growth boundary areas of Lane County's small cities. Lane Code Chapter 16.244 is applicable outside o f an urban growth boundary and governed by the Rural Comprehensive Plan. The amendments discussed throughout this memorandum are identical for both LC 16.244 and LC 10.271. Therefore, for the sake simplicity, future references t o the proposed amendments will only cite applicable sections within LC16.244.

Lane County Planning Commission & Board of Commissioners Floodplain Ordinance Review Technical Advisory Committee TECHNICAL AND POLICY RATIONAL FOR PROPOSED AMENDMENTS TO THE LANE COUNTY FLOODPLAIN ORDINANCE'

The Lane County Floodplain Combining Zone does not address water quality or public health; rather i t s intent is to protect property from flood damage and limit the impact of development on flood levels. The Lane Code includes a Floodplain Combining Zone, which requires development within a floodplain or flood hazard area to use designs and materials to minimize flood d a n ~ a ~ e . ~ ~ h e Code includes specific regulations for development within a floodway and the process for acquiring a variance. The ordinance, as well as the proposed amendments, apply to all identified areas of flood hazard within Lane County, and overlay the regulations of the underlying zone.

TAC Mission and Charge

In late 2009,The Lane County Board of Commissioners appointed a Technical Advisory Committee (TAC) t o assist the Lane Management Division (LMD) staff in drafting proposed

- -

' Floodplain Combining Zone VFP-RCP) Rural Comprehensive Plan, Lane Code, 16.244, p. 1 Development in the Special hazard Area, Lane County Public Works Department, August 2009. Land Management Division, P.

1 'The Federal Insurance Administration (FIA) determined flood hazard areas for unincorporated Lane County.

Attachment 6

revisions t o the existing floodplain ordinance and preparing a new drinking water protection overlay ordinance. The objective of the TAC was t o help LMD construct ordinances that would protect water quality, promote human health and safety and protect property, while providing reasonable limitations and exceptions to the code where necessary t o protect private property rights. In its deliberations, the TAC reviewed various practices in other jurisdictions, model ordinances prepared by the Oregon Department of Environmental Quality and other agencies, a recent study by the University of Oregon and other technical and scientific sources from agencies, a threat identification document prepared by LMD, and the relevant literature. References are cited in the documents prepared by the TAC. The Land Management Division is responsible for the final language that is presented t o the Board of Commissioners. The TAC is not a stakeholder committee and the recommendations are not intended t o reflect the views of stakeholders.

The members of TAC are:

Membership on the TAC does not necessarily imply formal endorsement of the proposed ordinances by the agencies and organizations represented, although the objectives of the ordinances are consistent with the mission and goals

Member Amy Chinitz Jacqueline Fern Denise Kalakay Joe Moll Karl Morgenstern Bob Parker Larry Six Eve Montanaro

Floodplains as Va lued C o m m u n i t y Assets

Affiliation Springfield Utility Board (SUB) Oregon Department of Environmental Quality (DEQ) Lane Council o f Governments (LCOG) McKenzie River Trust Eugene Water and Electric Board (EWEB) University of Oregon Community Service Center McKenzie Watershed Council Middle Fork Willamette Watershed Council

The value of floodplains lies in the functions that they perform within the floodplain environment. Floodplain natural resources include the soils, nutrients, water quality and quantity, and diverse species of plants and animals that exist in the areas between the water's edge and the higher ground adjoining flood-prone areas. These can be considered as natural "infrastructure."' Flooding is extremely important to the maintenance of floodplain ecosystems, and may be the primary reason for their biological richness. Floodwaters carry nutrient-rich sediments and trigger chemical processes that cause beneficial changes in the soil, which contribute to a fertile environment for vegetation.'

Protecting Floodplain Resources: A guidebook for Communities, Federal Interagency Floodplain Management Task Force, June 1996. FEMA, P. 5

lbid. p. 7

Page 1 2

Attachment 6

Floodplains provide a wide variety of ecosystem services to humans and the quality of these services depend on the degree and quality to which the ecosystem is functioning." When streams and wetlands are in their natural state, they absorb significant amounts of rainwater, snowmelt, and runoff before flooding occurs.'The upper reaches of a stream are important for reducing the intensity and frequency of floods; helping t o protect property values of residents located near or on the floodplain."

The National Flood lnsurance Program (NFIP)

As part of the County's involvement in the National Flood lnsurance Program's Community Rating System (CRS), the County is evaluating its current floodplain ordinances t o determine if changes t o the rules are needed t o help promote life safety and prevent property damage. The National Flood lnsurance Program (NFIP) was created by Congress in 1968 t o provide federally backed flood insurance coverage, because flood insurance was generally unavailable from private insurance companies. The NFlP is also intended t o reduce future flood losses by identifying floodprone areas and ensuring that new development i n these areas is adequately protected from flood damage.

To participate in the National Flood lnsurance Program (NFIP), a community must adopt and enforce a floodplain management ordinance that regulates development in the community's f l o ~ d ~ l a i n . ~ T h e management of the NFlP in a community consists of a partnership between the Federal government and the local community.'0 NFIP's Community Rating System (CRS) recognizes community floodplain management efforts that go beyond the minimal requirements of the NFlP by reducing flood insurance premiums for the community's property owners. Through their floodplain management ordinances, communities adopt the NFlP design performance standards for new and substantially improved buildings located in floodprone areas identified on the Federal lnsurance Administration's Flood lnsurance Rate Maps (FIRMS)." As a participant in the NFIP, Lane County adopted and enforces floodplain management ordinances aimed at reducing the likelihood of future flood damage to new construction within Special Flood Hazard Areas SFH HA).'^

The CRS recognizes 18 floodplain management activities divided into four categories which include flood preparedness series, flood damage reduction, public information, mapping and regulations.13 In turn, communities are rewarded for their efforts through reduced flood insurance premiums for the citizens of that community.14 On March 3, 2008, LMD submitted a

"Where Rivers are Born: The scientific imperative for defending small streams and wetlands." American Rivers and Sierra Club, September 2003. p. 5 ' Ibid, p. 10 "'Where Rivers are Born: The scientific imperative for defending small streams and wetlands." American Rivers and Sierra Club, 5eptember 2003, p. 6

NFlP Guidebook, Floodplain Management, Produced by FEMA Region 10, 4Ih Edition, October 2002. P. 15 10 Ibid, p. 2 1 " "Non-residential floodproofing for Buildings Located in Special Flood Hazard Areas in accordance with the National Flood Insurance Program, FEMA Technical Bulletin 3-93, p. I S 12 Ibid, p. 2 1 13 Ibid, p. 23 14 ibid, p. 43

Page 1 3

Attachment 6

CRS application and accompanying documentation t o FEMA for formal review. After a lengthy application review and verification process, Lane County received official notification of admission into the CRS on July 2, 2009."

Pending L i t iga t ion

The Audubon Society of Portland, Northwest Environmental Defense Center and other environmental groups sued FEMA in 2009 over its issuance of flood insurance in Oregon. The suit said the agency encourages floodplain development by providing coverage without considering the effect on fish listed under the Endangered Species Act. As a result, FEMA is required to seek review and comment on its Oregon flood insurance program from federal fisheries biologists with the National Oceanic and Atmospheric Administration. The settlement could have a strong impact on decreasing the ease at which developments located near and on floodplains can occur.'"

The TAC cannot predict exactly how this will affect national regulations on floodplain development, but we believe that this lawsuit is indicative o f broader coordination issues related t o the NFIP. Adoption of theproposed amendments t o the County floodplain ordinance will move Lane County in the right direction in the case of a probable federal mandate.

Lane C o u n t y F lood ing

In the aftermath of the Willamette Valley Flood of 1996, residents o f Lane County now realize that flooding poses a serious risk to human and ecosystem health and that by engaging in smart land use practices, determinate floods can be either avoided or the damage t o property mitigated. In the 1996 floods, the combination of record-breaking rain, warm temperatures, and a deep snowpack led t o severe floodingthroughout northern sections of the state." Severity of the flood can be attributed t o a significant increase in development along the river systems as well as significant increase in logging in the local watersheds, which increases runoff as well as debris jams in the river systems.'"

Approximately 200 square miles of land falls within the regulated floodplain in Lane County and more than 11,000 individual parcels are partially or entirely located within the floodplain. Statewide, Lane County has more river miles of floodplain than any other county and ongoing development along these rivers continues t o displace natural areas that have historically functioned t o store and transport flood waters."

"Additional information on the Lane County flwdplain management program and CRS is provided in a memorandum from Lane County Land Management/Public Works Staff to the Lane County Planning Commission dated Jun2 21,2010. http://ww.lanecounty.0r~departments/pw/lmd/landuse/dommen~/flood~dwp/~uly%2O6%2Oicp~lcpc~memo~7~6~1O.pdf

16 Learn. Scott, "FEMA lawsuit settlement could make building in Oregon floodplains tougher, July 14, 2010. ww.oregonlive.com/environment/inde~.ssf/2O1O/O7/fema~lawsuit~settlement~could.html

1, Global Changc Master D:rectury, NASA, http:lIgcn~d.n~s.~.~~o~IrecordrIGCMD~~ORFG~ CLIM_FLOOD_9hnlml t8 Tnt! W llamettc Val ev Flood of 1996. The Jn*erritv of Oreb!on Electron'c Jnlvcrre Pruiect. http://zebu.uoregon.edu/1996/es202/flood.htrnl '

.

l9 Arnber Fossen, Public lnfonnation Officer, Lane County Govemmenl, http:ll~vww.lan~ecounty.org

Page 1 4

Attachment 6

Recently, the U.S. Army Corp of Engineers has been investing significant resources into dam repairs and improvements. The U.S. Army Corps of Engineers officials announced this summer that they will repair aging spillway gates on the ~ i d d l e Fork Willamette River dams a t Fall Creek, Lookout Point, Hills Creek and ~ e x t e r dams. The estimated cost for the repair work to the spillway gates on all the Willamette dams is about $35 million. Repairs were prompted after the Corps had to perform emergency repairs to the Foster and Big Cliff dams on the Santiam River in 2008 and 2009." The TAC recommends limiting development and restoring natural ecosystem functions.

SUMMARY OF CPW RESEARCH In 2009, the Eugene Water and Electric Board (EWEB) and the University of Oregon's Community Planning Workshop (CPW] conducted an analysis of development activity in the floodplain of the McKenzie River Basin and how the Lane County Development Code influenced development in the floodplain. The intent was to evaluate development patterns and trends in the floodway and 100-year floodplain in the McKenzie watershed and assess the potential impacts from development in these areas. The study area for a series of case studies conducted by CPW consisted of the following lands in the McKenzie River Watershed: lands upriver from the Hayden Bridge intake that are outside of the Eugene-Springfield Metropolitan Urban Growth Boundary (UGB) and are zoned F-2 (Impacted Forest Lands Zone)." The study area included nearly 32,000 acres in about 4,550 tax lots.

Following are key findings from the EWEBfCPW project:

Development in floodplains poses risks to water quality because development including dwellings, septic tanks, and drainage fields, i f located within the floodplain, may impact water quality by leaking untreated sewage, household chemicals, or hazardous materials into the waterway. During a flood event, entire structures and septic systems may be washed into the waterway, negatively impacting water quality and leading to further property damage. Additionally, revetments and other bank stabilizing structures can cause increased velocity, turbidity, and water levels, especially during a flood event, which increases risk to human life, property, and water quality.

Based on analysis of the Lane County permit database, taxlots with structures within the floodplain have a significantly higher number of permits associated with them that those outside the floodplain. Structures outside the floodplain average about 3 permits, while those in the floodplain or floodway averaged more than five. Once a structure in the floodplain gains approval it can lead to multiple permit applications for development, such as additions, improvements, revetments, and erosion control measures. In addition, accessory structures are not as highly regulated as dwellings.

CPW identified several instances where Lane County approved a dwelling in the floodplain or floodway that subsequently resulted in property owners applying for

20 Palmer, Susan, June 3,2010, The Register Guard, http://ww.registerguard.com/~p/cms/sites/web/news/cityregion

21 McKenzie River Basin Risk Atlas, Community Planning Workshop, August 2009, P. 4

Page 1 5

Attachment 6

emergency permits for revetments from the Division of State Lands to protect their structure due to bank erosion. In one instance, Lane County approved a dwelling outside the floodplain in a known meander zone. The riverbank eroded and destroyed the dwelling within two years of the approval.

One case demonstrated the ability of the code to restrict development in the floodplain. In this case, an application to build a dwelling on a 13-acre property in the floodplain was denied. The staff report recommended denial due t o the potential for increased base flood elevation from the proposed development.

Another case illustrated the inability of the code t o restrict development in the floodplain. In this instance, the original owner of an 18.75-acre property proposed a dwelling away from the river after meeting with ODFW. However, a new owner built close t o the river, then received approval to fill 900cubic yards along 500 feet of shoreline t o stabilize the bank. This case has implications for floodplain development and riparian modification code applications.

The Lane County Floodplain Combiningzone does not address water quality or public health; rather its intent is to protect property from flood damage and limit the impact of development on flood levels.

. Floodplain regulations restrict buildings t o at least 1 foot above the base flood elevation, but septic systems are not covered by the code. Flooding of septic systems can result in damage t o the systems, or contamination of surface or ground water by washing untreated effluent out o f the tanks.

RATIONALE FOR KEY AMENDMENTS TO THE FLOODPLAIN ORDINANCE

This section provides technical rationale for some of the key amendments to the floodplain ordinance. We focus our review on the major elements of the proposed amendments. For each element we (1) present the current ordinance language, (2) the proposed language of the amendment, (3) an explanation of the proposed amendment, and (4) the technical rationale for the amendment.

Proposed A m e n d m e n t : n e w def in i t ion of "substantial i m p r o v e m e n t "

Current Ordinance: LC 16.244(3) Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either (a) before the improvement or repair is started, or (b) i f the structure has been damaged, and is being restored, before the damage occurred. The term does not, however, include alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

Proposed Language: Any combination of repairs, reconstruction, alteration or improvements to a structure, during any five (5) year period, in which the cumulative cost equals or exceeds

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twenty-five (25) percent of the "market vaiue" as defined herein of the existing structure before "the start of construction" of the improvement. This term also includes structures which have incurred "substantial damage," regardless of the actual repair work performed.

Explanation: LC 16.244- (3)-The revised substantial improvement definition is intended t o IimitJdiscourage incremental development in the floodplain. Under the current definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. Currently, work done that increases the value o f a structure over 50% is considered a substantial improvement.22 The new ordinance would limit substantial improvement to a 25% improvement of the overall structure. In addition, the new language would remove the phrase, 'The term (substantial Improvement) does not, however, include alteration of a structure listed on the National Register o f Historic Places or a State Inventory of Historic Places."

Rationale: Any substantially improved structure must be brought into compliance with the NFlP requirements for new construction; in other words, it must be elevated (or flood proofed i f it i s a non-residential structure) t o the flood protection elevation. When a structure is substantially improved, i t i s considered a new "post-FIRM" structure, and actuarial flood insurance rates would apply based on the lowest floor elevation of the structure."The definition, as revised, ensures that major improvements are consistent with the intent of the ordinance and are treated similarly to new construction.

With respect t o limiting the cumulative cost to 25% rather than 50%, a 50% improvement is a very substantial improvement; especially on a multimillion dollar home. Because the long-term goal of the ordinance is t o eventually bring all properties up to standard; a 25% limit on substantial improvement is a more reasonable threshold that avoids improvements that will limit private investment in hazardous areas. Moreover, a 25% l imit on substantial improvement better fits the definition of 'improvement' as opposed t o 'rebuilding' and will also ultimately aid homeowners in reducing risk o f flood damage to their properties.

Proposed A m e n d m e n t : S i t ing of cr i t i ca l faci l i t ies res t r ic t ions in t h e f loodplain

Current Ordinance: Critical facilities are not referenced in the existing Lane County Flood Plain ordinance.

Proposed Language: LC 16.244[9)(c) - Construction of new critical facilities shall be prohibited within the 500 year floodplain. Substantial improvements of critical facilities may be permissible but improved facilities must be elevated on fill at least one footgbove the elevation of the 500-year flood. Access routes above the 500-year flood level must be provided for substantially improved critical facilities.

22 Development in the Special hazard Area, Lane County Public Works Department, August 2009, Land Management Division, P. 2 2, Protecting Floodplain Resources: A guidebook for Communities, Federal Interagency Floodplain Management Task Force, June 1996, FEMA. p. 33

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According to LC 16.244, a critical facility is one that is:

"Critical for the health and welfare of the population and is especially important following a hazard event. Examples include hospitals, nursing homes police stations, fire stations, and public and private utility facilities that are vital to maintaining or restoring normal services to flooded areas ... Critical facilities also include those facilities that if damaged or inundated during a flood event have the potential to create further detrimental risks to the health of the population and the environment. These include al l landfills, dumps, waste treatment facilities and also any industrial facilities that produce, use or store hazardous materials.""

Explanation: The significant proposed change is that critical facilities must be sited outside the 500 year floodplain.

Rationale: The rationale for this proposed amendment is straightforward: facilities that provide key public services should not be built in areas where they will be damaged or rendered inoperable during flood events. Not only does this provision ensure that such facilities will not be impacted during flood events, i t ensures that investments in critical facilities will not be compromised by flood damage. Moreover, the federal government sets a higher standard: under Executive Order 11988, Floodplain Management, Federal agencies funding and/or permitting critical facilities are required to avoid the 0.2% (500-year) floodplain or protect the facilities to the 0.2% chance flood level."

Proposed Amendment: Create additional restrictions on development in the floodway

Current Ordinance: For the purposes of LC 16.244, development is defined in LC 16.090, and shall include dredging, paving, and drilling operations and the storage of equipment and materials.

Proposed Language: For the purposes of LC 16.244, development means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard. Development does not include:

A. Signs, markers, aids, etc. placed by a public agency to serve the public 0. Driveways, parking lots, or other open space use areas where no alteration of

topography occurs; C. Minor repairs or improvements t o existing structures provided that the alterations

do not increase the size or intensity of use, and do not constitute repair of substantial damage, or substantial improvement as defined in this ordinance;

D. Customary dredging associated with routine channel maintenance consistent with State or Federal laws and permits;

24 Floodplain Combining Zone VFP-RCP) Rural Comprehensive Plan, Lane Code, 16.244, p. 4 25 http://www.fema.gov/plan/prevent/floodpiain/nfipkeqwords/critical~faciii~.shtm

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E. Replacement o f utility facilities necessary to serve established and permitted uses.

LC 16.244(9)(d)(i) - Development within the floodway is prohibited for most uses unless this standard would deny any reasonable use of the property. In addition, applicationsfor development outside of the regulated floodway shall be reviewed as ministerial land use applications. Applications for development within the regulated floodway shall be filed with the Department pursuant t o LC 14.050.

Explanation: The Planning Director must approve all proposed developments within a flood hazard area. Floodway development is prohibited unless a registered professional engineer certifies that the development will not increase flood levels during a base flood (16.244(8)(d)(v)(aa)).,=

Rationale: The primary rationale for this provision is t o preclude development in the floodway-the channel o f water conveyance during flood events-that would impair the conveyance o f floodwaters.

In general, development and urbanization in a floodplain permanently impair the functioning of riparian areas." The 2009 CPW study concluded that development in floodplains poses risks t o water quality because development including dwellings, septic tanks, and drainage fields, i f located within the floodplain, may impact water quality by leaking untreated sewage, household chemicals, or hazardous materials into the waterway. During a flood event, entire structures and septic systems may be washed into the waterway, negatively impacting water quality and leading t o further property damage. Additionally, revetments and other bank stabilizing structures can cause increased velocity, turbidity, and water levels, especially during a flood event, which increases risk t o human life, property, and water quality.

Based on analysis of the Lane County permit database, CPW found that tax lots with structures within the floodplain have a significantly higher number of additional permits associated with them that those outside the floodplain. Structures outside the floodplain average about three permits, while those in the floodplain or floodway averaged more than five. Once a structure in the floodplain gains approval it can lead to multiple permit applications for development, such as additions, improvements, revetments, and erosion control measures. In addition, accessory structures are not as highly regulated as dwellings."The CPW study identified 70 structures within the floodway in the McKenzie River basin study area."

One case demonstrated the ability of the current code t o restrict development in the floodplain. In this case, an application t o build a dwelling on a 13-acre property in the floodplain

26 EWEB Source Water Protection Project: Best Management Practices and Model Ordinance Review, Community Planning Workshop, June 2009. p. 9 27 Riparian Areas: Functions and Strategies for Management, National Academy Press, 2002, p. 12

EWEBSource Water protection Project: Land Use Decision Analysis, Final Report, Community Planning Workshop, September 2009, p. 32

McKenzie River Basin Risk Atlas, Community Planning Workshop, August 2009, P. 18

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was denied. The staff report recommended denial due t o the potential for increased base flood elevation from the proposed development."

In terms of regulating development for ensuring riparian protection, Northeast Ohio i s working to establish strict regulations for development in floodplain areas. The Northeast Ohio Regional Storm Water Ordinance, "Controlling Riparian setbacks and Wetlands Setbacks" has begun the process of community natural resources protection. This model ordinance, which is currently being review by local communities, includes the establishment of naturally vegetated riparian setbacks for all streams, including headwater streams (drainage areas less than X square mile with a defined bed andbank) and all wetlands, including isolated wetlands that are not found within or abutting the riparian setback:'

In the Northwest, King County Washington developed a comprehensive floodplain management program in 2006." In the face of repetitive flood losses and lawsuits related t o the biological impacts of development in the special flood hazard zone, the County adopted the Flood Hazard Management Plan which presents a 10-year action plan to mitigate the impacts of flooding in King County. The County also has a highly restrictive floodplain ordinance. Similar t o the proposed amendment to the Lane County Code, King County Code Title 21A.24.260 prohibits new residential development in areas within the mapped FEMA floodway. Moreover, the King County Code places significant restrictions on "substantial improvements" to existing development within floodways.

In fact, the State of Washington prohibits residential development in floodways by statute:

"Washington's floodplain management law at Chapter 86.16 RCW exceeds the minimum National Flood Insurance Program standards by prohibiting new residences or substantial improvements of existing residences in the State's floodways.""

Moreover, this provision has been upheld in several court cases that challenged various aspects of the prohibition."

Proposed A m e n d m e n t : Restr ic t ions on land divisions

Current Ordinance: LC 16.244(9) Land divisions must be consistent with shoreland values as identified in the Coastal Resources Management Plan, not adversely impact water quality, and not increase hazard to life or property. (b) For lands outside urban or urbanizable areas or lands developed or committed to development, the above criterion, plus the following:(i) There is a need which cannot adequately be accommodated on non-shoreland locations. (ii) There is a lack of suitable shoreland locations within urban or urbanizable areas or within areas developed or committed to development.

30 EWEB Source Water protection Project: Land Use Decision Analyris, Final Report, Community Planning Workshop, September

2009 3, NortheastOhio RegionaiStarm Water Ordinance, http:Nwww.noaca.ordstorm water.html. n http://ww.kingcounty.gov/environment/waterandland/flooding.aspx 3, http://www.ecy.wa.gov/programs/sea/floods/archive-news/news-arcll.html " ibid.

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Proposed Language: LC 16.244(9)(d)(vi) - Land divisions are prohibited unless a development site is identified outside of the floodway. "Land divisions for residential purposes are prohibited if the resulting lots or parcels do not have a demonstrable developable area located outside of the Floodway that is of sufficient size to accommodate a dwelling, septic system, and parking area."

Explanation: The proposed amendment will restrict creation of newtaxlots that do not have buildable areas outside the floodway. In short, this amendment will prohibit land divisions that would result in sites where the only buildable area is in the floodway

Rationale: This amendment would prevent land divisions that require development in the floodway thereby preventing potential loss of property from flood damage and avoiding unsafe conditions for property owners. It complements the previous provision that prohibits most development in the floodway.

The County has allowed such development in the past. Since 2000 the county approved eight permits for development in the floodway within the McKenzie River Basin study area."

Proposed Amendment : Required Septic System Setbacks f r o m t h e Flood Hazard Area (SFHAs)

Current Ordinance: LC 16.244(9)(e) Individual sewerage facilities shall be located to avoid impairment to them or contamination from them during flooding.

Proposed Language: LC 16.244(9)(e) Whenever feasible, all new and replacement septic systems (including drainfields) must be setback a minimum of 25 feet from the SFHA. Where a suitable septic location outside of the SFHAdoes not exist, new and replacement systems must be designed to minimize or eliminate infiltration of flood waters into the system and be situated as far away as practicable from the flood source.

Explanation: This amendment requires that septic systems be setback from the floodplain where feasible or fitted with appropriate backflow devices.

Rationale: The primary rationale for this amendment is to keep septic systems out of the flood hazard area where they may be damaged during a flood event or release untreated sewage into the waterway.

Through case study analysis, CPW found that Floodplain regulations restrict buildings to a t least 1 foot above the base flood elevation, but septic systems are not covered by the code.'The McKenzie River basin, upriver from the Hayden Bridge intake facility, has approximately 4,000 septic systems and eight larger community septic systems. According to the Environmental Protection Agency (EPA), up to a quarter of septic systems fail within their lifetime, meaning

15 Ibid, p. 24 36 Ibid, p. 33

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that the contents of the septic tanks are released into the surrounding soils which may leach into nearby water bodies.

The Oregon Department of Environmental Quality (DEQ) establishes the standards for siting of septic systems. DEQ has explicit standards for the distance between septic systems and residential wells." However, the Lane County Development Code only addresses septic systems on the tax lot level, which omits proximity of a landowner's septic system from a neighbor's well or vice versa. In addition, cumulative impacts of high septic system densities are not addressed. In addition, under the Lane County code, existing floodplain regulations only restrict development that affects drainage above ground by mandating that the ground floor must be at least 1 foot above the base flood elevation. Since septic systems occur below ground, they are not regulated by the floodplain requirement, which creates substantial risk of contaminants entering the river."

37 EWE0 Source Water protection Project: Land Use Decision Analysis, Final Report, Community Planning Workshop, September 2009. p. 34 31 EWEB Source Water protection Project: Land Use Decision Analysis, Final RepoR Community Planning Workshop, September 2009, p. 33