The Emergency Manager 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 the permit application to determine whether 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
coordinating agency, which is the New Mexico Department of Homeland
Security and Emergency Management (DHSEM), prior to any alteration
or relocation of a watercourse and submit evidence of such notification
to the Federal Emergency Management Agency.
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 §
135-7, 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 Zone
A1-30, AO or 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, § 65.12, of the National Flood Insurance Program Regulations, a community may approve certain development in Zones A1-30, AE AH and AO on the community's FIRM which increase 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.