CHAPTER 8  

FLOOD PREVENTION AND PROTECTION* 
 

*Cross reference(s)--Drainage commission, § 2-111 et seq.; drainage districts created, § 2-114; site drainage requirements for manufactured or mobile home parks, § 11-148; storm drainage system requirements in subdivisions, § 17-170.

Art. I   In General, §§ 8-1--8-40
            Sec. 8-1.          Definitions.
            Sec. 8-2.          Statutory authorization.
            Sec. 8-3.          Finding of fact.
            Sec. 8-4.          Statement of purpose.
            Sec. 8-5.          Application of chapter.
            Sec. 8-6.          Compliance.
            Sec. 8-7.          Penalties for noncompliance.
            Sec. 8-8.          Abrogation and greater restrictions.
            Sec. 8-9.          Interpretation.
            Sec. 8-10.        Warning, disclaimer of liability.
            Sec. 8-11.        Methods of reducing flood losses.
            Sec. 8-12.        Basis for establishing the areas of special flood hazard.
            Sec. 8-13.        Depth criterion.
            Secs. 8-14--8-40.        Reserved. 

Art. II  Administration, §§ 8-41--8-70
            Sec. 8-41.        Floodplain administrator--Designation.
            Sec. 8-42.        Same--Duties and responsibilities.
            Sec. 8-43.        Establishment of development permit system.
            Sec. 8-44.        Permit procedures.
            Sec. 8-45.        Variance procedures.
            Secs. 8-46--8-70.        Reserved. 

Art. III Flood Hazard Reduction, §§ 8-71--8-75
            Sec. 8-71.        General standards.
            Sec. 8-72.        Specific standards.
            Sec. 8-73.        Subdivision proposals.
            Sec. 8-74.        Areas of shallow flooding (AO/AH Zones).
            Sec. 8-75.        Floodways.

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ARTICLE I. IN GENERAL 

Sec. 8-1.          Definitions.

Unless specifically defined herein, words or phrases used in this chapter shall be interpreted to give them the meaning they have in common usage and to give this chapter its most reasonable application. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 

(1)        Administrator shall mean the official appointed by the City Council to carry out duties and responsibilities contained herein. 

(2)        Appeal shall mean a request for a review of the administrator's interpretation of any provisions of this chapter or a request for a variance. 

(3)        Area of shallow flooding shall mean a designated AO, AH, or VO Zone on a community's flood insurance rate map (FIRM) with a one (1) percent or greater chance of flooding to an average depth of one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. 

(4)        Area of special flood hazard shall mean the land in the floodplain within a community subject to a one (1) percent or greater chance of flooding in any given year. The area may be designated as Zone A on the FHBM. After detailed ratemaking has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, A1-99, VO or V1-30. 

(5)        Base flood shall mean the flood having a one (1) percent chance of being equaled or exceeded in any given year. 

(6)        Critical feature shall mean an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. 

(7)        Development shall mean any manmade change to improved or unimproved real estate, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. 

(8)        Elevated building shall mean a nonbasement building built, in the case of a building in Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the floor of the water, and adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In the case of Zones V1-30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building," even though the lower area is enclosed by means of breakaway walls if the breakaway walls meet the standards of section 60.3(e)(5) of the national flood insurance program regulations. 

(9)        Existing construction shall mean, for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures." 

(10)      Flood or flooding shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from: 

(a)        The overflow of inland or tidal waters. 

(b)        The unusual and rapid accumulation or runoff of surface waters from any source. 

(11)      Flood hazard boundary map (FHBM) shall mean an official map of a community, issued by the federal insurance administration, where the areas within the boundaries of special flood hazards have been designated as Zone A. 

(12)      Flood insurance rate map (FIRM) shall mean an official map of a community, on which the federal insurance administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. 

(13)      Flood insurance study shall mean the official report provided by the federal insurance administration. The report contains flood profiles, the water surface elevation of the base flood, as well as the flood hazard boundary-floodway map 

(14)      Floodplain or flood-prone area shall mean any land area susceptible to being inundated by water from any source (see definition of flooding). 

(15)      Flood protection system shall mean those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. 

(16)      Floodway shall mean a channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. 

(17)      Functionally dependent use shall mean a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. 

(18)      Habitable floor shall mean any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used for storage purposes only is not a "habitable floor". 

(19)      Highest adjacent grade shall mean the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. 

(20)      Levee shall mean a manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. 

(21)      Levee system shall mean a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. 

(22)      Lowest floor shall mean the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirement of section 60.3 of the national flood insurance program regulations. 

(23)      Manufactured home shall mean a structure transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. 

(24)      Mean sea level shall mean the average height of the sea for all stages of the tide. 

(25)      Mean higher high tide shall mean the average high tide reached over a period of a lunar cycle, roughly a period of nineteen (19) years. 

(26)      Start of construction (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), shall mean and include substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. 

(27)           Structure shall mean a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. 

(28)      Substantial improvement shall mean any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or any alteration of a structure listed on the national register of historic places or a state inventory of historic places. 

(29)      Variance shall mean a grant of relief to a person from the requirements of this chapter when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this chapter. 

(30)      Violation shall mean the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) of the national flood insurance programs is presumed to be in violation until such time as that documentation is provided. 

(31)      Water surface elevation shall mean the height, in relation to the national geodetic vertical datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. 

(Ord. No. 365, § I(5-22), 2-9-87) 

Cross reference(s)--Definitions and rules of construction generally, § 1-2. 

Sec. 8-2.          Statutory authorization.

The state legislature has in V.T.C.A., Water Code § 16.315 delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses.

(Ord. No. 365, § I(5-22(a)), 2-9-87) 

Sec. 8-3.          Finding of fact.

(a)        The flood hazard areas of the City are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. 

(b)        These flood losses are created by the cumulative effort of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed, or otherwise protected from flood damage. 

(Ord. No. 365, § I(5-22(b)), 2-9-87) 

Sec. 8-4.          Statement of purpose.

It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: 

(1)        Protect human life and health. 

(2)        Minimize expenditure of public money for costly flood control projects. 

(3)        Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public. 

(4)        Minimize prolonged business interruptions. 

(5)        Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains.

(6)        Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas. 

(7)        Insure the potential buyers are notified that property is in a flood area. 

(8)        Provide floodplain management standards to qualify incorporated areas of the City for flood insurance coverage under the National Flood Insurance Act of 1968, as amended. 

(Ord. No. 365, § I(5-22(c)), 2-9-87)

Sec. 8-5.          Application of chapter.

This chapter shall apply to all areas of special flood hazard within the jurisdiction of the
                         city.

(Ord. No. 365, § I(5-24(a)), 2-9-87)

Sec. 8-6.          Compliance.

No structure or land in the City shall be located, altered or have its use changed without first submitting a development permit application form to the administrator. A city-wide application system is a necessary and reasonable action to insure that all necessary permits for development within identified flood hazard areas have been obtained. Additional floodplain data may be generated which will improve the accuracy of floodplain boundary identification. Since the City will constantly be aware of map changes and additional data, the final responsibility for determining whether a property or development is within an identified flood hazard area must rest with the city. Special flood hazard boundary-floodway maps and flood insurance rate maps published by the federal emergency management agency delineate only the major flood-prone areas within the city. With a city-wide review procedure, the administrator may be able to make recommendations for construction standards which will minimize or eliminate the possibility of damage from a localized drainage problem.

(Ord. No. 365, § I(5-24(d)), 2-9-87)

Sec. 8-7.          Penalties for noncompliance.

No structures or land shall be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall be unlawful. A person convicted of a violation of this chapter shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. No. 365, § I(5-27), 2-9-87)

Sec. 8-8.          Abrogation and greater restrictions.

This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. No. 365, § I(5-24(e)), 2-9-87)

Sec. 8-9.          Interpretation.

In the interpretation and application of this chapter, all provisions shall be:

(1)        Considered as minimum requirements.

(2)        Liberally construed in favor of the City Council.

(3)        Deemed neither to limit nor repeal any other powers granted under state statutes.

(Ord. No. 365, § I(5-24(f)), 2-9-87)

Sec. 8-10.        Warning, disclaimer of liability.

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City or any officer or employee thereof for any flood damages that result from reliance on this or any administrative decision lawfully made hereunder.

(Ord. No. 365, § I(5-24(g)), 2-9-87)

Sec. 8-11.        Methods of reducing flood losses.

In order to accomplish its purpose, this chapter uses the following methods:

(1)        Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities.

(2)        Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.

(3)        Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters.

(4)        Control filling, grading, dredging and other development which may increase flood damage.

(5)        Prevent or regulate the construction of flood barriers which will unnaturally divert flood- waters or which may increase flood hazards to other lands.

(Ord. No. 365, § I(5-22(d)), 2-9-87)

Sec. 8-12.        Basis for establishing the areas of special flood hazard.

The areas of special flood hazard identified by the federal emergency management agency in a scientific and engineering report entitled, "The Flood Insurance Study for the City of West Columbia", dated June 5, 1989, with accompanying flood insurance rate maps and flood boundary - floodway maps (FIRM and FBFM) and any revisions thereto are hereby adopted by reference and declared to be part of this chapter.

(Ord. No. 365, § I(5-24(b)), 2-9-87; Ord. No. 381, § I, 2-13-89)

Sec. 8-13.        Depth criterion.

(a)        Land within the depth criterion portion of the identified one-hundred-year floodplain which is below the base flood elevation, but at an elevation which is at or above the base flood elevation (bfe) minus the specified depth criterion, as shown on the effective flood insurance rate map in selected reaches of the floodplain(s), are hereby designated as the floodway fringe. For example, base flood elevation equals twenty (20) feet NGVD and the depth criterion equals three (3) feet, then the floodway fringe property would be that which is at or above (20' - 3' = 17' NGVD). These fringe areas may be developed or otherwise filled above the base flood elevation without performing an analysis of impact on flood levels. However, levee systems or other continuous fills in the floodway fringe exceeding five hundred (500) feet in any dimension or forming a potential barrier to the movement of waters during the occurrence of the base flood are not permitted unless hydrologic and hydraulic analyses, certified by a registered professional engineer, demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the community.

(b)        No development, including fill, may be placed within designated floodways, natural stream channels or other floodplain areas not designated as floodway fringe unless a hydrologic and hydraulic analysis, certified by a registered professional engineer, demonstrates that no increase in base flood elevations throughout the watershed will occur. Since AO and AH Zones do not have floodways this would not apply.

(c)              Prior to granting a permit for the construction of a structure designed for purposes of human occupancy, the floodplain administrator or another responsible community official must conduct an onsite visit and review where the depth of flooding would equal or exceed 1.5 feet or where access roads would be inundated by depths greater than 1.5 feet. The purpose of the visit and review is to assess the availability of suitable evacuation routes and emergency services capability during the occurrence of the discharge of the 100-year flood. Where there would be danger to health and/or safety with regard to evacuation and emergency services, the development permit request should be denied.

(Ord. No. 378, § 1(5-24(a)), 8-29-88)

Secs. 8-14--8-40.        Reserved.

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ARTICLE II.  ADMINISTRATION*

*Cross reference(s)--Administration, ch. 2.

Sec. 8-41.        Floodplain administrator--Designation.

The office of the city floodplain administrator is hereby created by the City Council to administer and implement the provisions of this chapter and implement the provisions of this chapter and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to floodplain management. The city manager is hereby appointed the city floodplain administrator, and is hereby directed to assume full responsibility for this post in addition to any other normal duties as may be required by virtue of his employment with the city.

(Ord. No. 365, § I(5-25(a)), 2-9-87)

Cross reference(s)--Officers and employees, § 2-226 et seq.; city manager, § 2-246 et seq.

Sec. 8-42.        Same--Duties and responsibilities.

Duties and responsibilities of the city floodplain administrator (hereinafter referred to as administrator) shall include, but not be limited to, the following:

(1)        Maintain and hold open for public inspection all records pertaining to the provisions of this chapter.

(2)        Review permit applications to determine whether proposed building sites will be reasonably safe from flooding.

(3)        Review, approve or deny all applications for development permits required by adoption of this chapter.

(4)        Review permits for proposed development to assure that all necessary permits have been obtained from those federal, state or local governmental agencies (including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required.

(5)        Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the floodplain administrator shall make the necessary interpretation.

(6)        Notify, in riverine situations, adjacent communities and the state coordinating agency which is the Texas Water Commission, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the federal emergency management agency.

(7)        Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.

(8)        When base flood elevation data has not been provided in accordance with section 8-12, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a federal, state or other source, in order to administer the provisions of this article.

(9)        When a regulatory floodway has not been designated, the floodplain administrator must require that no new construction, substantial improvement, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the community.

(Ord. No. 365, § I(5-25(b)), 2-9-87)

Sec. 8-43.        Establishment of development permit system.

A development permit system is hereby established and permits are required to ensure compliance with the provisions of this chapter. This system will consist of a city-wide application review procedure and the issuance of permits only for those developments located within the identified flood hazard areas. Developments located outside of identified flood hazard areas will be issued a development permit exemption certificate stating that the proposed development is not located within an identified flood hazard area and that the construction standards required in this chapter are not applicable to the proposed development. Forms used in the development permit system are:

(1)        Development permit application form.

(2)        Development permit.

(3)        Development permit exemption certificate.

(4)        Notice to purchaser property in flood hazard area.

(5)        Variance to floodplain management regulations.

A sample of each form is located in the office of the city secretary.

(Ord. No. 365, § I(5-24(c)), 2-9-87)

Sec. 8-44.        Permit procedures.

(a)        Application for a development permit shall be presented to the floodplain administrator on forms furnished by him and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions and elevation of proposed landscape alterations, existing and proposed structures, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required:

(1)        Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures.

(2)        Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed.

(3)        A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of section 8-72(2).

(4)        Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development.

(5)        Maintain a record of all such information in accordance with section 8-42(1).

(b)        Approval or denial of a development permit by the floodplain administrator shall be based on all of the provisions of this chapter and the following relevant factors:

(1)        The danger of life and property due to flooding or erosion damage.

(2)        The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

(3)        The danger that materials may be swept onto other lands to the injury of others.

(4)        The compatibility of the proposed use with existing and anticipated development.

(5)        The safety of access to the property in times of flood for ordinary and emergency vehicles.

(6)        The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems.

(7)        The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.

(8)        The necessity to the facility of a waterfront location, where applicable.

(9)        The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use.

(10)      The relationship of the proposed use to the comprehensive plan for that area.

(Ord. No. 365, § I(5-25(c)), 2-9-87) 

Sec. 8-45.        Variance procedures.

(a)        The appeal board, as established by the city, shall hear and render judgement on requests for variances from the requirements of this chapter.

(b)        The appeal board shall hear and render judgement on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this chapter.

(c)        Any person aggrieved by the decision of the appeal board may appeal such decision in the courts of competent jurisdiction.

(d)        The floodplain administrator shall maintain a record of all actions involving an appeal and shall report variances to the federal emergency management agency upon request.

(e)        Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the national register of historic places or the state inventory of historic places, without regard to the procedures set forth in the remainder of this chapter.

(f)        Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in subsection (b) above have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

(g)        Upon consideration of the factors noted above and the intent of this chapter, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this chapter.

(h)        Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(i)         The following prerequisites shall apply to the granting of variances:

(1)        Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.