21.8057.01000
Sixty-seventh
Legislative Assembly SENATE BILL NO. 2081
of North Dakota
Introduced by
Energy and Natural Resources Committee
(At the request of the State Water Commission)
1 A BILL for an Act to amend and reenact sections 61-16.2-06 and 61-16.2-08 of the North
2 Dakota Century Code, relating to permissible uses in the floodway and flood fringe under the
3 national flood insurance program.
4 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
5 SECTION 1. AMENDMENT. Section 61-16.2-06 of the North Dakota Century Code is
6 amended and reenacted as follows:
7 61-16.2-06. Permissible floodway uses.
8 Upon delineation of the floodway under the national flood insurance program [42 U.S.C.
9 4001 et seq.], uses shall be permitted within the floodway to the extent that they do not cause
10 any measurable decrease in the hydraulic conveyance in the affected arearesult in any increase
11 in flood levels during the occurrence of the base flood discharge. Any exception to the national
12 flood insurance program [42 U.S.C. 4001 et seq.] in implementing regulations granted by the
13 appropriate federal agency to a community participating in the national flood insurance program
14 is an approved exception pursuant to this section.
15 SECTION 2. AMENDMENT. Section 61-16.2-08 of the North Dakota Century Code is
16 amended and reenacted as follows:
17 61-16.2-08. Community standards - Permissible uses within flood fringe.
18 1. Upon delineation of the floodplain or floodway under the national flood insurance
19 program [42 U.S.C. 4001 et seq.], the following uses shallmust be permitted within the
20 flood fringe to the extent that theythe uses are not prohibited by any other ordinance,
21 regulation, or statute:
22 1. a. Any use permitted in the regulatory floodway pursuant to section 61-16.2-06.
23 2. b. Structures, including residential and nonresidential structures; provided, that:
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 Sixty-seventh
Legislative Assembly
1 a. (1) Residential structures are constructed such thatso the lowest floor, including
2 basements, is elevated to at least one foot [30.48 centimeters] above the
3 base flood elevation unless granted a residential basement floodproof
4 exception under the national flood insurance program.
5 b. (2) Nonresidential structures are either are constructed as specified in
6 subdivision a and elevated to at least one foot [30.48 centimeters] above
7 the base flood elevation or are adequately floodproofed adequately up to an
8 elevation no lower than two feet [.61 meter] above the base flood elevation.
9 SuchThe floodproofing shallmust be in accordance with the standards either
10 adopted by the community under the national flood insurance program
11 [42 U.S.C. 4001 et seq.] or under this chapter, whichever are more
12 restrictive.
13 2. Any exception to this section must be approved by the regulatory authority as a
14 variance, established in local floodplain development ordinances.
15 3. Any exception to the national flood insurance program [42 U.S.C. 4001 et seq.] in
16 implementing regulations granted by the appropriate federal agency to a community
17 participating in the national flood insurance program is an approved exception under
18 this section.
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Statutes affected:
INTRODUCED: 61-16.2-06, 61-16.2-08
Enrollment: 61-16.2-06, 61-16.2-08
PREFILED: 61-16.2-06, 61-16.2-08