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Title: 21 - Coastal Zoning

Chapter: 45 - Flood Damage Prevention

Section: 30 - General provisions

A. Lands to Which This Chapter Applies. This chapter shall apply to all areas of special flood

hazards within the jurisdiction of the County of Del Norte.

B. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood

hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency

Management Agency (FEMA) in the Flood Insurance Study (FIS) dated September

26,2008, with accompanying Flood Insurance Rate Maps (FIRMs) with a Map Index

dated September 26,2008, and all subsequent amendments and/or revisions, are adopted

by reference and declared to be a part of this chapter. This FIS and attendant mapping is

the minimum area of applicability of this chapter and may be supplemented by studies for

other areas which allow implementation of this chapter and which are recommended to the

board of supervisors by the floodplain administrator. The study and FIRM are on file at

981 H Street, Suite 110, Crescent City, California 95531.

C. Compliance. No structure or land shall hereafter be constructed, located, extended,

converted or altered without full compliance with the terms of this chapter and other

applicable regulations. Violations 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 constitute a misdemeanor. Nothing herein shall

prevent the Board of Supervisors from taking such lawful action as is necessary to prevent

or remedy any violation.

D. 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 ordinance, easement, covenant or deed restriction conflict or overlap,

whichever imposes the more stringent restrictions shall prevail.

E. 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 governing body; and

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

F. Warning and 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. Larger floods can and will occur on rare occasions. Flood

heights may be increased by man-made 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 Board of Supervisors, any officer or employee thereof, or the Federal Insurance

Administration for any flood damages that result from reliance on this ordinance, for any

administrative decision lawfully made thereunder.

G. Severability. This chapter and various parts thereof are declared to be severable. Should

any section of this chapter be declared by the courts to be unconstitutional or invalid, such

decision shall not affect the validity of the chapter as a whole, or any portion thereof other

than the section so declared to be unconstitutional or invalid.

  (Ord. 95-15 (part), 1995, 2010)