The Legislature of the State of New Mexico has, in NMSA 1978,
§ 3-18-7, delegated the responsibility to local governmental
units to adopt regulations designed to minimize flood losses. Therefore,
the Board of County Commissioners of Otero County, State of New Mexico,
does ordain as follows.
A.
The flood hazard areas of Otero County are subject to periodic inundation,
which results in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, and extraordinary
public expenditures for flood protection and relief, all of which
adversely affect the public health, safety and general welfare.
B.
These flood losses are created by the cumulative effect of obstructions
in floodplains which cause an increase in flood heights and velocities,
and by the occupancy of flood hazard areas by uses vulnerable to floods
and hazardous to other lands because they are inadequately elevated,
floodproofed or otherwise protected from flood damage.
It is the purpose of this chapter to promote the public health,
safety and general welfare and to minimize public and private losses
due to flood conditions in specific areas by provisions designed to:
A.
Protect human life and health;
B.
Minimize expenditure of public money for costly flood-control projects;
C.
Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
D.
Minimize prolonged business interruptions;
E.
Minimize damage to public facilities and utilities, such as water
and gas mains, electric, telephone and sewer lines, streets and bridges
located in floodplains;
F.
Help maintain a stable tax base by providing for the sound use and
development of flood-prone areas in such a manner as to minimize future
flood-blight areas; and
G.
Ensure that potential buyers are notified that property is in a flood
area.
In order to accomplish its purposes, this chapter uses the following
methods:
A.
Restrict or prohibit uses that are dangerous to health, safety or
property in times of flood, or cause excessive increases in flood
heights or velocities;
B.
Require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
C.
Control the alteration of natural floodplains, stream channels, and
natural protective barriers, which are involved in the accommodation
of floodwaters;
D.
Control filling, grading, dredging and other development which may
increase flood damage;
E.
Prevent or regulate the construction of flood barriers which will
unnaturally divert floodwaters or which may increase flood hazards
to other lands.
