The Zoning/Code Official is hereby appointed to administer and
implement the provisions of this chapter.
All letters of map revision (LOMRs) that are issued in the areas identified in §
172-4 of this chapter are hereby adopted.
Duties and responsibilities of local floodplain administrator
shall include, but not be limited to:
A. Permit review. Review all development permits to assure that the
requirements of this chapter have been satisfied.
B. Requirement of federal and/or state permits. Review proposed development
to assure that all necessary permits have been received from those
governmental agencies from which approval is required by federal or
state law, including Section 404 of the Federal Water Pollution Control
Act Amendments of 1972, 33 U.S.C § 1334.
C. Watercourse alterations.
(1) Notify adjacent communities and the South Carolina Department of
Natural Resources, Land, Water, and Conservation Division, State Coordinator
for the National Flood Insurance Program, prior to any alteration
or relocation of a watercourse, and submit evidence of such notification
to the Federal Emergency Management Agency.
(2) In addition to the notifications required for watercourse alterations per Subsection
C(1), written reports of maintenance records must be maintained to show that maintenance has been provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is maintained. This maintenance must consist of a comprehensive program of periodic inspections, and routine channel clearing and dredging, or other related functions. The assurance shall consist of a description of maintenance activities, frequency of performance and the local official responsible for maintenance performance. Records shall be kept on file for FEMA inspection.
(3) If the proposed project will modify the configuration of the watercourse,
floodway or base flood elevation for which a detailed Flood Insurance
Study has been developed, the applicant shall apply for and must receive
approval for a conditional letter of map revision from the Federal
Emergency Management Agency prior to the start of construction.
(4) Within 60 days of completion of an alteration of a watercourse, referenced
in the certification requirements of § 172-14B(4), the applicant
shall submit as-built certification, by a registered professional
engineer, to the Federal Emergency Management Agency.
D. Floodway encroachments. Prevent encroachments within floodways unless the certification and flood hazard reduction provisions of §
172-18E are met.
E. Adjoining floodplains. Cooperate with neighboring communities with
respect to the management of adjoining floodplains and/or flood-related
erosion areas in order to prevent aggravation of existing hazards.
F. Notifying adjacent communities. Notify adjacent communities prior
to permitting substantial commercial developments and large subdivisions
to be undertaken in areas of special flood hazard and/or flood-related
erosion hazards.
G. Certification requirements.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1) Obtain the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed, in accordance with the floodproofing certification outlined in §
172-14B(1).
(2) When floodproofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect in accordance with the nonresidential construction requirements outlined in §
172-18B.
H. Map interpretation. Where interpretation is needed as to the exact
location of 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), make the necessary interpretation. The person
contesting the location of the boundary shall be given a reasonable
opportunity to appeal the interpretation as provided in this article.
I. Prevailing authority. Where a map boundary showing an area of special flood hazard and field elevations disagree, the base flood elevations for flood protection elevations as found on an elevation profile floodway data table, etc. shall prevail. The correct information should be submitted to FEMA as per the map maintenance activity requirements outlined in §
172-18G(2).
J. Use of best available data. When base flood elevation data and floodway data have not been provided in accordance with §
172-4, obtain, review and reasonably utilize best available base flood elevation data and floodway data available from a federal, state or other source, including data developed pursuant to the standards for subdivision proposals outlined in §
172-18L, in order to administer the provisions of this chapter. Data from preliminary, draft and final Flood Insurance Studies constitutes best available data from a federal, state or other source. Data must be developed using hydraulic models meeting the minimum requirement of the NFIP approved model. If an appeal is pending on the study in accordance with 44 CFR Chapter
1, Parts 67.5 and 67.6, the data does not have to be used.
K. Special flood hazard area/topographic boundaries conflict. When the
exact location of boundaries of the areas of special flood hazards
conflict with the current, natural topography information at the site,
the site information takes precedence when the lowest adjacent grade
is at or above the BFE; the property owner may apply and be approved
for a letter of map amendment (LOMA) by FEMA. The local floodplain
administrator will maintain in the permit file a copy of the letter
of map amendment issued from FEMA.
L. On-site inspections. Make on-site inspections of projects in accordance with the administrative procedures outlined in §
172-16A.
M. Administrative notices. Serve notices of violations, issue stop-work orders, revoke permits and take corrective actions in accordance with the administrative procedures in §
172-16.
N. Records maintenance. Maintain all records pertaining to the administration
of this chapter and make these records available for public inspection.
O. Annexations and detachments. Notify the South Carolina Department
of Natural Resources, Land, Water and Conservation Division, State
Coordinator for the National Flood Insurance Program within six months
of any annexations or detachments that include special flood hazard
areas.
P. Federally funded development. The President issued Executive Order
11988. Floodplain Management May 1977, E.O. 11988, which directs federal
agencies to assert a leadership role in reducing flood losses and
losses to environmental values served by floodplains Proposed developments
must go through an eight step review process Evidence of compliance
with the executive order must be submitted as part of the permit review
process.
Q. Substantial damage determination. Perform an assessment of damage
from any origin to the structure using FEMA's Residential Substantial
Damage Estimator (RSDE) software to determine if the damage equals
or exceeds 50% of the market value of the structure before the damage
occurred.
R. Substantial improvement determinations. Perform an assessment of
permit applications for improvements or repairs to be made to a building
or structure that equals or exceeds 50% of the market value of the
structure before the start of construction. Cost of work counted for
determining if and when substantial improvement to a structure occurs
shall be cumulative for a period of five years. If the improvement
project is conducted in phases, the total of all costs associated
with each phase, beginning with the issuance of the first permit,
shall be utilized to determine whether "substantial improvement" will
occur. The market values shall be determined by one of the following
methods:
(1) The current assessed building value as determined by the County Assessor's
office or the value of an appraisal performed by a licensed appraiser
at the expense of the owner within the past six months.
(2) One or more certified appraisals from a registered professional licensed
appraiser in accordance with the laws of South Carolina. The appraisal
shall indicate actual replacement value of the building or structure
in its pre-improvement condition, less the cost of site improvements
and depreciation for functionality and obsolescence.
(3) Real estate purchase contract within six months prior to the date
of the application for a permit.