§ 3.06.01. General Provisions

A.

Short Title

This division shall be known and may be cited as the "Hillsborough County Flood Damage Control Regulations" and shall work in concert with Chapter 3 of the Hillsborough County Construction Code.

B.

Lands to Which this Chapter Applies

This Chapter shall apply to all areas of special flood hazard within unincorporated Hillsborough County.

C.

Basis for Establishing the Areas of Special Flood Hazard

Areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in its Flood Insurance Study (FIS) for unincorporated Hillsborough County with an effective date of June 18, 1980, including subsequent updates thereto, with the accompanying maps and other supporting data, are hereby adopted by reference and declared to be a part of this Chapter.

D.

Designation of Flood Damage Control Administrator

The Hazard Mitigation Manager is hereby authorized and directed to enforce the provisions of this Chapter, and is hereinafter referred to, and serves, as the Flood Damage Control Administrator pursuant to Section 9.01.03 of the Land Development Code.

E.

Compliance

No development shall hereafter be located, extended, modified, or otherwise altered without full compliance with requirements of this Chapter, Chapter 44 Part 60.3, Codes of Federal Regulations (National Flood Insurance Program), and other applicable laws and regulations. Failure to comply with the requirements of said requirements shall provide cause to have an alleged violation forwarded to the Flood Damage Control Board for action, which may include providing authority to the Flood Damage Control Administrator to request the Federal Emergency Management Agency remove availability of Federal flood insurance for the subject property.

F.

Abrogation and Greater Restrictions

This Code is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Code is in conflict with any part of this Code or another county, state or federal regulations, whichever imposes the more stringent restriction(s) shall prevail.

G.

Interpretation and Application

All provisions of this Part shall be:

1.

Consistent with or more stringent than minimum standards with the County's participation with the National Flood Insurance Program and the Hillsborough County Flood Insurance Study;

2.

Considered as minimum requirements;

3.

Liberally construed in favor of the governing body; and

4.

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

Where there is a conflict between this Part and minimum requirements with the standards of the National Flood Insurance Program, the more stringent shall apply. Nothing in this code is intended to place Hillsborough County in violation with standards of the National Flood Insurance Program; and

H.

Interpretation Warning and Disclaimer of Liability

The degree of flood protection required under this Code is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Code does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages.

This Part shall not create liability on the part of the Hillsborough County Board of County Commissioners or by any officer or employee thereof for any flood damages that result from reliance on this Code or any administrative decision lawfully made hereunder.

I.

Penalties for Violation

1.

Violations to the Flood Damage Control Regulations will be forwarded to the Flood Damage Control Board if the property owner fails to correct the violation as identified through an enforcement notice.

2.

If the property owner fails to correct the violation as identified by a Flood Damage Control Board action, the Building Official will take action as cited within this Code and may request the Federal Emergency Management Agency (FEMA) remove the respective property's eligibility of receiving benefits through the Federal Flood Insurance and disaster assistance programs.

3.

Also see the Hillsborough County Construction Code, Penalties for Violation.

J.

Findings of Fact

1.

The flood hazard areas of unincorporated Hillsborough County are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

2.

These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands that are inadequately elevated, flood-proofed, or otherwise unprotected from flood damages.

K.

Purpose

The purposes of the flood damage control regulations are 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:

1.

To restrict or prohibit uses which are dangerous to health, safety, property, and general welfare which result in damaging increases in erosion or in flood heights or velocity waters;

2.

To maintain Hillsborough County's participation with the National Flood Insurance Program to ensure residents and business owners can obtain Federal flood insurance;

3.

To protect structures by having finished floors, where appropriate, elevated at or above the design-flood elevation unless the structure may benefit from floodproofing;

4.

To require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damages at the time of initial construction;

5.

To control the alteration of natural flood plains, stream channels, and natural protective barriers, and other types of alterations or obstructions that are involved in the protection from flooding disasters;

6.

To control filling, grading, dredging and other development which may increase erosion, flooding or flood damage on other lands;

7.

To prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards or adverse flooding impacts to other lands;

8.

To protect human life and health;

9.

To minimize expenditure of public money for costly flood control projects;

10.

To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

11.

To minimize prolonged business interruptions;

12.

To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;

13.

To help maintain a stable tax base by providing for the land use and development of flood prone areas in such a manner as to minimize flood blight areas;

14.

To insure that potential home buyers are notified that property is in flood area; and

15.

To insure property owners are aware that Federal flood insurance is not available for structures built or substantially improved within an area designated as a Coastal Barrier Resource System pursuant to the Coastal Barrier Improvement Act of 1990 (Public Law 101-591).

L.

Methods of Reducing Flood Losses

In order to accomplish its purpose, this Code includes methods and provisions for:

1.

Restricting or prohibiting uses that are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

2.

Requiring that uses vulnerable to floods including facilities that serve such uses be protected against flood damage throughout their intended life;

3.

Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

4.

Controlling filling, grading, dredging, and other development that may increase flood damage; and

5.

Preventing or regulating the construction of flood barriers that will unnaturally divert flood waters or may increase flood hazards or adverse flooding impacts to other lands.

(Ord. No. 00-21, § 2, 5-18-00; Ord. No. 05-22, § 2, 11-17-05; Ord. No. 08-15, § 2, 6-12-08, eff. 10-1-08)