Government : Summary of Benton County Floodplain Management Ordinance

BENTON COUNTY ORDINANCE #75

Summary of the Benton County Floodplain Management Ordinance

The following is a summarization of the Benton County Floodplain Management Ordinance, which was adopted at the regular meeting of the Benton County Board of Supervisors on October 22, 2019 and which will become effective as of this publication.

The Benton County Floodplain Management Ordinance (hereafter referred to as the “Ordinance”) can be inspected and viewed at the Benton County Auditor’s Office at the Benton County Courthouse, 2nd Floor, Vinton, IA from 8:00 A.M. to 4:30 P.M., Monday – Friday.

The purpose of the Ordinance is to protect and preserve the rights, privileges, and property of Benton County and its residents and to preserve and improve the peace, safety, health, welfare, and comfort and convenience of its residents by minimizing those flood losses described in the Ordinance.

The provisions of the Ordinance are designed to: 1) Restrict or prohibit uses which are dangerous to health, safety or property in times of flood or which cause excessive increases in flood heights or velocities. 2) Require that uses vulnerable to floods, including public facilities which serve such uses, be protected against flood damage at the time of initial construction or substantial improvement. 3) Protect individuals from buying lands which may not be suited for intended purposes because of flood hazard. 4) Assure that eligibility is maintained for property owners in the community to purchase flood insurance through the National Flood Insurance Program.

The provisions in the Ordinance apply to all lands and uses which have significant flood hazards. The Flood Insurance Rate Maps (FIRMs) for Benton County and Incorporated Areas, dated December 20, 2019, which were prepared as part of the Benton County Flood Insurance Study, shall be used to identify such flood hazard areas. The Ordinance refers to and officially adopts said Benton County Flood Insurance Study.

No structure or land shall hereafter be used and no structure shall be located, extended, converted, or structurally altered without full compliance with the terms of the Ordinance. The Ordinance requires that the public obtain and secure a Floodplain Development Permit issued by the Administrator prior to any floodplain development (any man-made change to improved and unimproved real estate, including but not limited to buildings or structures, mining, filling, grading, paving, excavation, or drilling operations), including the placement of factory-built homes.

Applications for permits may be made with the Administrator. The Administrator appointed to implement and administer the provisions of the Ordinance is the Land Use Administrator.

Violations of the provisions of the Ordinance or failure to comply with any of the requirements shall be a county infraction. In addition to any civil penalty imposed for violation of the Ordinance the court may grant appropriate relief to abate or halt the violation. The court shall have available to it all of the options set forth in 331.307, CODE OF IOWA. Nothing in the penalty section precludes the prosecution of any violation of the Ordinance as a simple misdemeanor, pursuant to Chapter 331.307(11), CODE OF IOWA.

Sections contained within the Ordinance include: (I) Definitions, (II) Statutory Authority, Findings of Fact and Purpose, (III) General Provisions, (IV) Administration, (V) Floodplain Management Standards, (VI) Variance Procedures, (VII) Nonconforming Uses, (VIII) Penalties for Violation, (IX) Amendments, and (X) Repealer. Existing Floodplain Management Ordinance #58 is repealed by Ordinance #75.

Passed and approved this 22nd day of October, 2019.

BENTON COUNTY BOARD OF SUPERVISORS

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Rick Primmer, Chairman

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Gary Bierschenk

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Tracy Seeman

ATTEST:

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Hayley Rippel, Auditor