BEFORE THE BOARD OF COUNTY COMMISSIONERS OF LEWIS COUNTY, WASHINGTON

WHEREAS, the Board of County Commissioners is empowered to make and enforce by appropriate flood plain and flood way regulations, not in conflict with state law; and

WHEREAS, the Board of Lewis County Commissoners , in conjunction with the recommendations of the Lewis County Building Official, acting as regulatory administrator, and the Lewis County Flood Control Advisory Committee and its subcommittees, finds it necessary to amend the substantive and administrative provisions of the Lewis County Flood Damage Prevention regulations as enacted and codified under Ordinance Nos. 1145 & 1157, respectively, and currently published under Ch. 15.35 LCC; and

WHEREAS, the Board of Lewis County Commissoners find it in the best public interest to incorporate the below-inscribed amendments and additions to the Food Damage Prevention regulations, and to repeal inconsistent and contradictory provisions; NOW THEREFORE

BE IT ORDAINED by the Board of Lewis County Commissoners as follows:

1) Additional language contained in a new subsection (6) is added to Section 15.35.140 LCC and to the provisions of  6(A)(3) of Ordinance No. 1145, as follows:

(6) Every permit issued by the administrator in accordance with this chapter shall expire by limitation and become null and void if the work authorized by such permit is not commenced with 180 days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefore shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans or specifications, and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after an expiration exceeding one year, the permittee shall pay a new, full permit fee and submit to full permit review. Any permittee holding an unexpired permit may apply for an extension of time within which work may be commenced under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. For good cause shown, a permittee with an active permit may be granted up to two successive six-month extensions for time of action required under this section. In no event, however, shall such extensions for time extend beyond 18 months of the original date of action required under this section.

2) The language of Section 15.35.190 LCC and  7A of Ordinance No. 1145 is repealed in its entirety and replaced with the following language:

In all areas of special flood hazards the standards of LCC 15.35.200 through 15.35.240 are required. In addition:

(1) Any fill or materials to be deposited within special flood hazard areas must have a beneficial purpose and the amount thereof not greater than is necessary to achieve that purpose, as demonstrated by a plan submitted by the legal owner(s) showing the uses to which the filled land will be put and the final dimensions of the proposed fill or other materials.

(2) Fill or materials must be obtained from the same site, to the extent practicable. Where such fill or materials cannot be so obtained from the same site, fill or materials must be obtained, to the extent possible, both within the immediate vicinity and within the boundaries of the special flood hazard area.

3) The language of Section 15.35.310 LCC  7C of Ordinance No. 1145 is repealed in its entirety and replaced with the following language:

Located within areas of special flood hazard established in LCC 15.35.060 are areas designated as floodways. since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

(1) Landfill, substantial improvements, and new construction are prohibited. Other development may be allowed only if certification by a registered professional, Washington state engineer or architect is provided demonstrating that encroachments will not result in any increase in flood levels during the occurrence of base flood discharge.

(2) Special flood hazard ares with designated floodways. In addition to those NFIP requirements for designated floodways, communities with designated floodways shall restrict land uses within such areas to include the prohibition of construction or reconstruction of residential and nonresidential structures except for:

(a) Repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and

(b) Repairs, reconstruction, or improvements which are not substantial improvements as defined in LCC 15.35.040(22).

(3) Special flood hazard areas without designated floodways. When a regulatory floodway for a stream has not been designated, the community may require that applicants for new construction and substantial improvements reasonably utilize the best available information from a federal, state, or other source consider the cumulative effect of existing, proposed, and anticipated future development and determine that the increase in the water surface elevation of the base flood will not be more than one foot at any point in the community. Building and development near streams without a designated floodway shall comply with the requirements of 44 Code of Federal Regulation 60.3(b)(3) and (4), and (c)(10) of the National Flood Insurance Program regulations.

If any section , subsection, sentence, clause of phrase of this Ordinance is, for any reason, held to be unconstitutional or invalid at law, such decision shall not affect the validity of the remaining portions of this Ordinance.

Flood Hazard Prevention Amending Ordinance No. 1145A