61-16.2-08. Community standards - Permissible uses within flood fringe.
242 words·~1 min read·
/nd/title-61/chapter-61-16-2-floodplain-management/61-16-2-08·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. Upon delineation of the floodplain or floodway under the national flood insurance
program [42 U.S.C. 4001 et seq.], the following uses must be permitted within the
flood fringe to the extent the uses are not prohibited by any other ordinance,
regulation, or statute:
a. Any use permitted in the regulatory floodway pursuant to section 61-16.2-06.
b. Structures, including residential and nonresidential structures; provided:
(1)Residential structures are constructed so the lowest floor, including
basements, is elevated to at least one foot [30.48 centimeters] above the
base flood elevation unless granted a residential basement floodproof
exception under the national flood insurance program.
(2)Nonresidential structures either are constructed as specified in subdivision a
and elevated to at least one foot [30.48 centimeters] above the base flood
elevation or are floodproofed adequately up to an elevation no lower than
two feet [.61 meter] above the base flood elevation. The floodproofing must
be in accordance with the standards either adopted by the community under
the national flood insurance program [42 U.S.C. 4001 et seq.] or under this
chapter, whichever are more restrictive.
2. Any exception to this section must be approved by the regulatory authority as a
variance, established in local floodplain development ordinances.
3. Any exception to the national flood insurance program [42 U.S.C. 4001 et seq.] in
implementing regulations granted by the appropriate federal agency to a community
participating in the national flood insurance program is an approved exception under
this section.