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Article 14 Flood Hazard Areas

14-17 Delineation of Special Flood Hazard Areas

Wake County Unified Development Code

14-12

14-15-6

Development of farm ponds as part of a bona fide farm use in flood hazard soil locations

must either comply with the provisions of paragraph (2), (3), (4), or (5) of this subsection,

as appropriate to the size of the drainage area, or comply with the following alternative

requirements:

(A) Natural Conditions

Certification is required in accordance with Sec. 14-15-3(A).

(B) Modified Conditions for Farm Ponds

Farm ponds must be designed and constructed such that no offsite properties will

experience an increase in flood elevations resulting from the 100-year storm event, unless

the property is obtained or controlled through a recorded easement in favor of the party

introducing the use. Furthermore, the dam must comply with all State and federal laws and

regulations including the Dam Safety Law of 1967 (NCGS 143-215.23 through 143-

215.37).

14-16

Administration

The D

irector of the Department of Environmental Services (also referred to as the “Floodplain

Administrator”) must, in addition to other power and duties identified in this ordinance, perform the

following:

14-16-1

notify, or see that notification is given to, adjacent communities and to the State

Coordinator of the National Flood Insurance Program (located in the North Carolina

Department of Crime Control and Public Safety, Division of Emergency Management)

prior to any alteration or relocation of a watercourse, or submit evidence of such

notification to the Federal Emergency Management Agency, or successor agency;

14-16-2

ensure, by requiring appropriate financial sureties and deed restrictions, that maintenance

will be provided within the altered or relocated portion of said watercourse so that the

flood carrying capacity is not diminished;

14-16-3

ensure that any base flood elevation data available from a federal, State, or other source is

considered when base flood elevation data has not been provided by the Federal

Emergency Management Agency, or successor agency, in order to administer the

provisions of Sec. 14-19, Sec. 14-20 and Sec. 14-21;

14-16-4

advise permittee that additional federal or State permits may be required, and if specific

federal or State permits are known, require that copies of such permits be provided and

maintained on file with the development permit;

14-16-5

determine the exact location of boundaries of the areas of special flood hazard (for

example, where there appears to be a conflict between a mapped boundary and actual field

conditions) when interpretation is necessary. The person contesting the location of the

boundary must be given a reasonable opportunity to appeal the Director of the

Department of Environmental Services’ interpret

ation to the Wake County Board of

Adjustment as provided in Sec. 19-41; and

14-16-6

maintain all records pertaining to the flood hazard regulations of Wake County, which

must be open for public inspection.

14-17

Delineation of Special Flood Hazard Areas

The areas of special flood hazard within the jurisdiction of Wake County are divided into 4 categories:

14-17-1

floodway, as defined in 14-12, and as shown on the FIRM;