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)