The regulatory floodplain zone shall be those areas of the Town of Delmar which are subject to the 100-year flood, delineated on the most recent revision of the community's Floodway Maps and Flood Insurance Rate Maps (FIRM) and described in the Flood Insurance Study (FIS) prepared by the Federal Emergency Management Agency (FEMA). Floodway Maps and the FIS, if available for the community, must be used. Areas along nontidal streams that do not have FEMA delineations as described above are subject to regulation by this chapter and the state.
A. 
Delmar may have these floodplain zones:
(1) 
Floodway fringe: that part of the floodplain outside of the floodway.
(2) 
Floodway: reserved to carry the waters of the 100-year flood.
(3) 
Tidal floodplain: subject to tidal flooding by the 100-year storm.
B. 
Floodplain zones may have detailed engineering study data, profiles, and water surface elevations, or may have approximate delineations only.
A. 
Floodplain zone determination. The local permitting official will determine the floodplain zone in which the development activity is proposed using the Floodway Maps and FIS, if available, or if not, by using the FIRM. Without prior approval from FEMA, the community shall use no other data to enforce floodplain zone management regulations. Where map boundaries and elevations disagree, elevations prevail, with no approval from FEMA required.
B. 
Unmapped streams. In cases in which development is proposed in the vicinity of unmapped streams, which have no delineated 100-year floodplain, a fifty-foot flood protection setback from the banks of the stream shall be used. State permits may be required and applicants are advised to seek a determination from the state.