The chapter shall apply to all areas of special flood hazard
within the jurisdiction of Otero County, New Mexico.
The areas of special flood hazard identified by the Federal
Emergency Management Agency in the current scientific and engineering
report entitled, "The Flood Insurance Study (FIS) for Otero County,
New Mexico, and incorporated areas," dated November 4, 2015, with
accompanying Flood Insurance Rate Maps.
A floodplain development permit shall be required to ensure
conformance with the provisions of this chapter.
No structure or land shall hereafter be located, altered, or
have its use changed without full compliance with the terms of this
chapter and other applicable regulations.
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.
In the interpretation and application of this chapter, all provisions
shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and
C. Deemed neither to limit nor repeal any other powers granted under
state statutes.
The degree of flood protection required by this chapter is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. On rare occasions, greater floods can
and will occur, and flood heights may be increased by man-made or
natural causes. This chapter does not imply that land outside the
areas of special flood hazard 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 community or any official or employee
thereof for any flood damages that result from reliance on this chapter
or any administrative decision lawfully made hereunder.