§ 1361.09. Government actions.

(a)

Jurisdictional boundary changes.

(1)

The County Floodplain Ordinance in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets or exceeds the requirements for participation in the National Flood Insurance Program.

(2)

Municipalities with existing floodplain ordinances shall pass a resolution acknowledging and accepting responsibility for enforcing floodplain ordinance standards prior to annexation of any area containing identified flood hazards.

(3)

All plats or maps of annexation shall show the special flood hazard area boundaries, base flood elevation and location of floodway where determined.

(4)

In accordance with the Code of Federal Regulations, Title 44 Subpart (B) Section 59.22(a)(9)(v), all NFIP participating communities will notify the Federal Emergency Management Agency (FEMA) and the State Coordinating Office in writing whenever the boundaries of the City of Hurricane have been modified by annexation or the City of Hurricane has otherwise assumed or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that all flood insurance rate maps accurately represent the City of Hurricane's boundaries, a copy of a map of the City of Hurricane suitable for reproduction, clearly delineating the new corporate limits or new area for which the City of Hurricane has assumed or relinquished floodplain management regulatory authority shall be included with the notification.

(b)

Permits for government entities. Unless specifically exempted by law, all public utilities and Municipal, County, State and Federal entities are required to comply with this Article and obtain all necessary permits. Any entity claiming to be exempt from the requirements of this Article shall provide a written statement setting forth the rationale for exemption. In addition the entity claiming exemption shall provide copies of all relevant legal documentation demonstrating the exemption.

(Ord. of 1-3-2012)