The responsible person shall review permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements (including the placement of prefabricated buildings and mobile homes) shall:
A. 
Be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure;
B. 
Be constructed with materials and utility equipment resistant to flood damage, and
C. 
Be constructed by methods and practices that minimize flood damage.
The responsible person shall review subdivision proposals and other proposed new development to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal or other proposed new development is in a flood-prone area, such proposals shall be reviewed to assure that:
A. 
All such proposals are consistent with the need to minimize flood damage within the flood-prone area;
B. 
All public utilities and facilities, such as sewer, gas, electrical, and water systems, are located and constructed to minimize or eliminate flood damage; and
C. 
Adequate drainage is provided to reduce exposure to flood hazards.
A. 
Water systems. The responsible person shall require new and replacement water systems within flood-prone areas to be designed to minimize or eliminate infiltration of floodwaters into the system.
B. 
Sewage systems. The responsible person shall require, within flood-prone areas:
(1) 
New and replacement sanitary sewage systems to be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters; and
(2) 
On-site waste disposal systems to be located to avoid impairment to them or contamination from them during flooding.
A. 
The responsible person shall require that all subdivision proposals and other proposed new developments greater than 50 lots or five acres, whichever is the lesser, include within such proposals base flood elevation data.
B. 
The responsible person shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source until such other data has been provided by the administrator, as criteria for requiring that all new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated to or above the base level.
C. 
For the purpose of determining applicable flood insurance risk premium rates within Zone A on a community's Flood Hazard Boundary Map (FHBM), the responsible person shall:
(1) 
Obtain, or require the applicant to furnish, the elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures and whether or not such structures contain a basement;
(2) 
Obtain, or require the applicant to furnish if the structure has been floodproofed, the elevation (in relation to mean sea level) to which the structure was floodproofed; and
(3) 
Maintain a record of all such information.
A. 
The responsible person shall notify, in applicable situations, adjacent communities and the state coordinating office prior to any alteration or relocation of a watercourse, and shall submit copies of such notifications to the administrator.
B. 
The responsible person shall ensure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained.
The responsible person shall require that all mobile homes to be placed within Zone A on the community's Flood Hazard Boundary Map shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be as follows:
A. 
Over-the-top ties must be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations. Mobile homes less than 50 feet long require one additional tie per side.
B. 
Frame ties must be provided at each corner of the home, with five additional ties per side at intermediate points. Mobile homes less than 50 feet long require four additional ties per side.
C. 
All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.
D. 
Any additions to the mobile home must be similarly anchored.
The Flood Hazard Boundary Map issued by the Federal Insurance Administration for this community, and any official published revisions to this map, is adopted as the official map for the enforcement of this article. Zone A on this map delineates the area within which the requirements of this article will be enforced.
Unless specifically defined below, words or phrases used in this article will be interpreted so as to give them the same meaning as they have in common usage and so as to give this article its most reasonable application.
BASE FLOOD
The flood having a one-percent chance of being equaled or exceeded in any given year.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.
FLOOD
A general and temporary condition of partial or complete inundation of normally dry land areas from:
A. 
The overflow of inland or tidal waters.
B. 
The unusual and rapid accumulation of runoff of surface waters from any source.
FLOODPLAIN or FLOOD-PRONE AREA
Any land area susceptible to being inundated by water from any source.
FLOODPROOFING
Any combination of structural or nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate, or improved real property, water and sanitary facilities, structures and their contents.[1]
MOBILE HOME
A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required vehicles or travel trailers. The term includes but is not limited to, the definition of "manufactured home" as set forth in regulations governing the Mobile Home Safety and Construction Standards Program [24 CFR 3287.7(a)], and the definition of "multi-section manufactured home" and "mobile home" as set forth in NMSA § 3-21A-2.
[Amended 4-12-2011[2]]
PERSON
Includes any individual or group of individuals, corporation, partnership, association, or any other entity, including state and local governments and agencies.[3]
STRUCTURE
For floodplain management, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a mobile home.
SUBSTANTIAL IMPROVEMENT
Any repair to or reconstruction of a structure, the cost of which equals or exceeds 50% of the market value of the structure either (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being repaired, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state and local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions or (2) any alteration of a structure listed on the National Registry of Historic Places or a State Inventory of Historic Places.[4]
[1]
Editor's Note: The original definition of "habitable floor," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[3]
Editor's Note: The original definition of "riverine," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[4]
Editor's Note: The original definition of "variance," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).