1998 Legislation
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HOUSE BILL NO. 660, As Amended – Floodplain management, policy

HOUSE BILL NO. 660, As Amended

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H0660aa.......................................by TRANSPORTATION AND DEFENSE
FLOODPLAIN MANAGEMENT - Adds to existing law to provide a uniform state
policy concerning the management of flood plains and to provide that local
governments may adopt and enforce land use regulations to implement proper
floodplain management in order to reduce the risks of construction in flood

02/11    House intro - 1st rdg - to printing
02/12    Rpt prt - to Transp
03/03    Rpt out - to Gen Ord
03/04    Rpt out amen - to engros
03/05    Rpt engros - 1st rdg - to 2nd rdg as amen
03/06    2nd rdg - to 3rd rdg as amen
03/09    3rd rdg as amen - Held
03/10    PASSED - 62-5-3
      AYES -- Barraclough, Bell, Bieter, Bivens, Black(15), Black(23), Boe,
      Bruneel, Callister, Chase, Clark, Crane, Crow, Cuddy, Deal, Denney,
      Ellsworth, Field(13), Gagner, Geddes, Gould, Hadley, Hansen, Henbest,
      Jaquet, Jones(9), Jones(22), Jones(20), Judd, Kellogg, Kempton,
      Kendell, Kjellander, Lake, Linford, Loertscher, Mader, Marley,
      McKague, Meyer, Miller, Mortensen, Newcomb, Pischner, Pomeroy,
      Reynolds, Richman, Robison, Sali, Schaefer, Stevenson, Stoicheff,
      Stone, Stubbs, Taylor, Tilman, Tippets, Trail, Watson, Wheeler,
      Zimmermann, Mr Speaker
      NAYS -- Alltus, Barrett, Campbell, Hornbeck, Wood
      Absent and excused -- Field(20), Kunz, Ridinger
    Floor Sponsor - Pomeroy
    Title apvd - to Senate
03/11    Senate intro - 1st rdg as amen - to St Aff
03/17    Rpt out - rec d/p - to 2nd rdg as amen
03/18    2nd rdg - to 3rd rdg as amen
03/19    3rd rdg as amen - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Diede, Dunklin, Frasure, Geddes, Hansen,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
      Sweeney, Thorne, Twiggs, Wheeler, Whitworth
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Sweeney
    Title apvd - to House
03/20    To enrol - rpt enrol - Sp signed
    Pres signed - to Governor
03/24    Governor signed
         Session Law Chapter 301
         Effective: 07/01/98

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998

                             IN THE HOUSE OF REPRESENTATIVES

                              HOUSE BILL NO. 660, As Amended


 1                                        AN ACT
 3        IDAHO  CODE,  BY  THE ADDITION OF  NEW SECTIONS 46-1020, 46-1021, 46-1022,
 4        46-1023 AND 46-1024, IDAHO CODE,  TO  PROVIDE  PURPOSE  AND  FINDINGS,  TO
 7        ABILITY.

 8    Be It Enacted by the Legislature of the State of Idaho:

 9        SECTION 1.  That Chapter 10, Title 46, Idaho Code, be,  and  the  same  is
10    hereby  amended  by  the  addition thereto of  NEW SECTIONS , to be
11    known and designated  as  Sections  46-1020,  46-1021,  46-1022,  46-1023  and
12    46-1024, Idaho Code, and to read as follows:

13        46-1020.  PURPOSE  AND FINDINGS. (1) The legislature of the state of Idaho
14    finds:
15        (a)  That recurring floods in Idaho threaten human life, health and  prop-
16        erty  and  that the public interest requires that the floodplains of Idaho
17        be managed and regulated in order  to  minimize  flood  hazards  to  life,
18        health and property.
19        (b)  That  it  is  the policy of this state to reduce flood damage and the
20        number of people and structures at risk  in  flood  hazard  areas  through
21        proper floodplain management, including such measures as floodplain zoning
22        ordinances which require structures to be built at a flood protection ele-
23        vation and/or with floodproofing.
24        (c)  That  local  units  of government have the primary responsibility for
25        planning, adoption and enforcement of land use regulations  to  accomplish
26        this  proper  floodplain  management.   Furthermore, they are best able to
27        adopt and implement  comprehensive  floodplain  management  programs  that
28        include nonregulatory techniques to accomplish the purposes of this act in
29        cooperation with federal, state and local agencies.
30        (2)  The purpose of this act is:
31        (a)  To protect human life, health and property;
32        (b)  To preserve floodplains for the purpose of carrying and storing flood
33        waters;
34        (c)  To reduce the public cost of providing emergency services, flood con-
35        trol structures and rebuilding public works damaged by floods;
36        (d)  To protect the tax base and jobs in Idaho;
37        (e)  To reduce the threat of increased damage to existing development;
38        (f)  To encourage the orderly development and wise use of floodplains;
39        (g)  To minimize interruptions to business;
40        (h)  To prevent increased flooding and erosion caused by improper develop-
41        ment.

42        46-1021.  DEFINITIONS. As used in this act:


 1        (1)  "Development" means any manmade change to improved or unimproved real
 2    estate,  including,  but not limited to, the construction of buildings, struc-
 3    tures or accessory structures, or the construction of additions or substantial
 4    improvements to buildings, structures or accessory structures;  the  placement
 5    of  mobile  homes;  mining,  dredging, filling, grading, paving, excavation or
 6    drilling operations; and the deposition or extraction of  materials;  specifi-
 7    cally including the construction of dikes, berms and levees.
 8        (2)  "Flood" means a general or temporary condition of partial or complete
 9    inundation of normally dry land areas caused by the overflow or rise of river,
10    ocean,  streams  or  lakes, or the unusual and rapid accumulation or runoff of
11    surface waters from any source.
12        (3)  "Flood fringe" is that portion  of  the  floodplain  outside  of  the
13    floodway covered by floodwaters during the regulatory flood.
14        (4)  "Floodplain"  is  the  land  that  has  been  or  may  be  covered by
15    floodwaters, or is surrounded  by  floodwater  and  inaccessible,  during  the
16    occurrence  of  the  regulatory  flood.   The riverine floodplain includes the
17    floodway and the flood fringe.
18        (5)  "Floodplain management" is the analysis and integration of the entire
19    range of measures that can be used to prevent, reduce or mitigate flood damage
20    in a given location, and that can protect and preserve the  natural,  environ-
21    mental, historical, and cultural values of the floodplain.
22        (6)  "Floodproofing"  means  the modifications of structures, their sites,
23    building contents and water and sanitary facilities,  to  keep  water  out  or
24    reduce the effects of water entry.
25        (7)  "Flood protection elevation" means an elevation that shall correspond
26    to  the elevation of the one percent (1%) chance flood (one hundred (100) year
27    flood) plus any increased flood elevation due to floodway  encroachment,  plus
28    any required freeboard.
29        (8)  "Floodway"  is  the channel of the river or stream and those portions
30    of the floodplain adjoining the channel required to discharge  and  store  the
31    floodwater or flood flows associated with the regulatory flood.
32        (9)  "Freeboard"  represents a factor of safety usually expressed in terms
33    of a certain amount of feet above a calculated flood level.   Freeboard  shall
34    compensate  for  the  many  unknown  factors  that contribute to flood heights
35    greater than the height calculated.  These unknown factors  include,  but  are
36    not  limited  to,  ice  jams, debris accumulation, wave action, obstruction of
37    bridge openings and floodways, the effects of urbanization on the hydrology of
38    the watershed, loss of flood storage areas due to development and the sedimen-
39    tation of a river or stream bed.
40        (10) "Local government," in the context of this chapter, means any  county
41    or  city  having planning and zoning authority to regulate land use within its
42    jurisdiction.
43        (11) "Mitigation" means any action taken which  will  reduce  the  impact,
44    damage or cost of the next flood that occurs.
45        (12) "Person"  means  any  individual,  group of individuals, corporation,
46    partnership, association, political subdivision, public or private  agency  or
47    entity.
48        (13) "Regulatory  flood"  is  a  flood  determined to be representative of
49    large floods known to have occurred in Idaho and  which  may  be  expected  to
50    occur  on  a  particular stream because of like physical characteristics.  The
51    regulatory flood is based upon a statistical analysis of stream  flow  records
52    available for the watershed or an analysis of rainfall and runoff characteris-
53    tics  in the watershed. In inland areas, the flood frequency of the regulatory
54    flood is once in every one hundred (100) years; this means that in  any  given
55    year  there  is a one percent (1%) chance that a regulatory flood may occur or


 1    be exceeded.

 3    ject to the availability of adequate mapping and data to properly identify the
 4    floodplains,  if  any,  within  their  jurisdiction,  each local government is
 5    encouraged to adopt a floodplain map and floodplain management ordinance which
 6    identifies these floodplains and which requires, at a minimum, that any devel-
 7    opment in a floodplain must be constructed at  a  flood  protection  elevation
 8    and/or  have  adequate  floodproofing.  The  local government may regulate all
 9    mapped and unmapped floodplains within their jurisdiction. Nothing in this act
10    shall prohibit a local government from  adopting  more  restrictive  standards
11    than those contained in this chapter.

12        46-1023.  ENFORCEMENT  AND SANCTIONS. (1) Development constructed or main-
13    tained in violation of any local floodplain management ordinance that conforms
14    to the provisions of this chapter is hereby declared to be a  public  nuisance
15    and  the  creation  thereof may be enjoined and the maintenance thereof may be
16    abated by action of the state, any local unit of government of  the  state  or
17    any citizen thereof.
18        (2)  If,  after  the  effective  date  of this chapter, a local government
19    allows any development in a floodplain below the  flood  protection  elevation
20    without  adequate floodproofing, that development shall not, in the event of a
21    disaster emergency involving flooding  in  that  floodplain,  be  eligible  to
22    receive  any matching funds from the state for any federal disaster assistance
23    program which may be available as a result of said  flooding  in  that  flood-
24    plain.  The  owner of the development will be required to rely on flood insur-
25    ance to insure their property against the  risk  of  loss  incurred  by  their
26    development in the floodplain in contravention of the intent of this chapter.

27        46-1024.  SEVERABILITY.  If  any provision of this chapter or its applica-
28    tion to any person or circumstance is held invalid by  a  court  of  competent
29    jurisdiction,  the invalidity does not affect other provisions or applications
30    of the chapter that can be given  effect  without  the  invalid  provision  or
31    application, and to this end the provisions of the chapter are severable.

Statement of Purpose / Fiscal Impact


                          STATEMENT OF PURPOSE
                                RS 07769
    Adds to Chapter 10 of Title 46, Idaho Code, new sections 461020 
    through 46-1024, which will provide a uniform state policy 
    concerning the management of floodplains in Idaho. This policy 
    encourages local governments to adopt and enforce land use 
    regulations to implement proper floodplain management in order to 
    reduce the risks inherent in construction in floodplains. It 
    provides definitions and guidance to local governments, as well as 
    providing enforcement authority under state law. It also provides 
    that if local governments allow development in a floodplain below 
    the flood protection elevation without adequate floodproofing, 
    that development shall not, in the event of a flood in that 
    floodplain, be eligible to receive any state matching funds for 
    any federal disaster assistance programs for which it may 
    otherwise qualify. In that case, property owners will only be able 
    to rely upon flood insurance to cover their loss, unless the local 
    government provides the required matching funds. This measure will 
    provide a uniform state policy on proper floodplain management and 
    encourage local governments to adopt and enforce adequate local 
    ordinances to manage the floodplains in Idaho.
                               FISCAL NOTE
    None, unless a local government allows development in a floodplain 
    below the flood protection elevation without adequate 
    floodproofing after the effective date of this act, and a flood 
    occurs in that floodplain. In that event, developments constructed 
    after the effective date of this legislation will be ineligible 
    for state matching funds for any federal disaster assistance 
    program which may be available as a result of said flooding in 
    that floodplain.CONTACT: Lt. Col. Blair D. Jaynes 
    Military Division 
    Bill No. H 660