The Community Development Director or his designee is hereby
appointed the Floodplain Administrator to administer and implement
the provisions of this chapter and other appropriate sections of 44
CFR (Emergency Management and Assistance – National
Flood Insurance Program Regulations) pertaining to floodplain management.
Duties and responsibilities of the floodplain administrator
shall include, but not be limited to, the following:
A. Maintain and hold open for public inspection all records pertaining
to the provisions of this chapter.
B. Review permit application to determine whether to ensure that the
proposed building site project, including the placement of manufactured
homes, will be reasonably safe from flooding.
C. Review, approve or deny all applications for development permits
required by adoption of this chapter.
D. Review permits for proposed development to assure that all necessary
permits have been obtained from those federal, state or local governmental
agencies (including Section 404 of the Federal Water Pollution Control
Act Amendments of 1972, 33 U.S.C. § 1334) from which prior
approval is required.
E. Where interpretation is needed as to the exact location of the 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),
the Floodplain Administrator shall make the necessary interpretation.
F. Notify, in riverine situations, adjacent communities and the State
of New Mexico Coordinating Agency which is the New Mexico Department
of Homeland Security and Emergency Management (NMDHSEM), prior to
any alteration or relocation of a watercourse, and submit evidence
of such notification to the Federal Emergency Management Agency.
[Amended 7-15-2015 by Ord. No. 15-06]
G. Assure that the flood-carrying capacity within the altered or relocated
portion of any watercourse is maintained.
H. When base flood elevation data has not been provided in accordance with §
242-7, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a federal, state or other source, in order to administer the provisions of Article
V.
I. When a regulatory floodway has not been designated, the Floodplain
Administrator must require that no new construction, substantial improvements,
or other development (including fill) shall be permitted within Zones
A1-30 and AE on the community's FIRM, unless it is demonstrated
that the cumulative effect of the proposed development, when combined
with all other existing and anticipated development, will not increase
the water surface elevation of the base flood more than one foot at
any point within the community.
J. Under the provisions of 44 CFR Chapter
1, Section 65.12, of the National Flood Insurance Program Regulations, a community may approve certain development in Zones A1-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first completes all of the provisions required by Section 65.12.