19.8045.01000
Sixty-sixth
Legislative Assembly SENATE BILL NO. 2091
of North Dakota
Introduced by
Energy and Natural Resources Committee
(At the request of the State Engineer)
1 A BILL for an Act to amend and reenact section 61-16.2-08 of the North Dakota Century Code,
2 relating to floodplain management community standards for permissible uses within the flood
3 fringe.
4 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
5 SECTION 1. AMENDMENT. Section 61-16.2-08 of the North Dakota Century Code is
6 amended and reenacted as follows:
7 61-16.2-08. Community standards - Permissible uses within flood fringe.
8 Upon delineation of the floodplain or floodway under the national flood insurance program
9 [42 U.S.C. 4001 et seq.], the following uses shall be permitted within the flood fringe to the
10 extent that they are not prohibited by any other ordinance, regulation, or statute:
11 1. Any use permitted in the regulatory floodway pursuant to section 61-16.2-06.
12 2. Structures, including residential and nonresidential structures; provided, that:
13 a. Residential structures are constructed on fill such that the lowest floor, including
14 basements, is elevated to at least one foot [30.48 centimeters] above the base
15 flood elevation unless granted a residential basement floodproof exception under
16 the national flood insurance program.
17 b. Nonresidential structures are either constructed on fill as specified in
18 subdivision a elevated to at least one foot [30.48 centimeters] above the base
19 flood elevation or are adequately floodproofed up to an elevation no lower than
20 two feet [.61 meter] above the base flood elevation. Such floodproofing shall be
21 in accordance with the standards either adopted by the community under the
22 national flood insurance program [42 U.S.C. 4001 et seq.] or under this chapter,
23 whichever are more restrictive.
Page No. 1 19.8045.01000


Statutes affected:
INTRODUCED: 61-16.2-08
Enrollment: 61-16.2-08