A. 
Page County shall appoint a designee to administer and implement the regulations of this chapter, referred to herein as the Floodplain Administrator. The Floodplain Administrator may:
(1) 
Administer the duties and responsibilities herein.
(2) 
Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees.
(3) 
Enter into a written agreement or written contract with another community or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 CFR 59.22.
B. 
The Floodplain Administrator is authorized or directed to administer the provisions of this chapter. The Floodplain Administrator shall have the authority to render interpretations of this chapter consistent with the intent and purpose of this chapter and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of this chapter and the flood provisions of the Building Code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to Article XII of these regulations.
A. 
The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:
(1) 
Review applications for permits to determine whether proposed activities will be located in an SFHA.
(2) 
Require development in an SFHA to be reasonably safe from flooding and to be designed and constructed with methods, practices, and materials that minimize flood damage.
(3) 
Interpret floodplain boundaries and provide available base flood elevation and flood hazard information.
(4) 
Review applications to determine whether proposed activities will be reasonably safe from flooding and require new construction and substantial improvements to meet the requirements of these regulations.
(5) 
Review applications to determine whether all necessary permits have been obtained from the federal, state or local agencies from which prior or concurrent approval is required; in particular, permits from state agencies for any construction, reconstruction, repair, or alteration of a dam, reservoir, or waterway obstruction (including bridges, culverts, and structures), any alteration of a watercourse, or any change of the course, current, or cross section of a stream or body of water, including any change to the 100-year-frequency floodplain of free-flowing nontidal waters of the state.
(6) 
Verify that an applicant proposing to alter a watercourse has notified adjacent local governments, the Department of Conservation and Recreation Division of Dam Safety and Floodplain Management (DCR), the Virginia Department of Environmental Quality (DEQ) and the U.S. Army Corp of Engineers (USACE), and has submitted copies of such notifications to FEMA.
(7) 
Approve applications and issue permits to develop in SFHAs if the provisions of this chapter have been met or disapprove applications if the provisions of this chapter have not been met.
(8) 
Inspect, or cause to be inspected, prospective buildings, structures and other prospective development for which permits have been issued to determine compliance with this chapter or to determine if noncompliance has occurred or violations have been committed.
(9) 
Review elevation certificates and require incomplete or deficient certificates to be corrected.
(10) 
Submit to FEMA, or require to be submitted to FEMA, at the applicant's expense, data and information necessary to maintain FIRMs, including hydrologic and hydraulic engineering analyses prepared by or for the County of Page, within six months after such data and information becomes available if the analysis indicates changes in base flood elevations.
(11) 
Maintain and permanently keep records that are necessary for the administration of these regulations, including:
(a) 
Copies of FISs, FIRMs (including historic studies and maps and current effective studies and maps), and letters of map change (LOMC); and
(b) 
Documentation supporting issuance and denial of permits, elevation certificates, documentation of the elevation (in relation to the datum on the FIRM) to which structures have been floodproofed, other required design certifications, variances, and records of enforcement actions taken to correct violations of these regulations.
(12) 
Enforce the provisions of these regulations, investigate violations, issue notices of violations or stop-work orders, and require permit holders to take corrective action.
(13) 
Advise the Board of Zoning Appeals regarding the intent of these regulations and, for each application for a variance, prepare a staff report and recommendation.
(14) 
Establish, in coordination with the Building Official, written procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to § 135-2.14 of these regulations.
(15) 
Administer the requirements related to proposed work on existing buildings:
(a) 
Make determinations as to whether buildings and structures that are located in SFHAs that are damaged by any cause have been substantially damaged.
(b) 
Make reasonable efforts to notify owners of substantially damaged structures of the need to obtain a permit to repair, rehabilitate, or reconstruct the structure. Prohibit the repair of a substantially damaged building without a permit, except for temporary emergency protective measures necessary to secure a property or to stabilize a building or structure to prevent additional damage.
(16) 
Undertake, as determined appropriate by the Floodplain Administrator due to the circumstances, other actions, which may include but are not limited to: issuing press releases, public service announcements, and other public information materials related to permit requests and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures information related to the proper repair of damaged structures in SFHAs and assisting property owners with documentation necessary to file claims for increased cost of compliance coverage under National Flood Insurance Program (NFIP) flood insurance policies.
(17) 
Notify FEMA when the corporate boundaries of the County of Page have been modified in accordance with § 135-2.4, Jurisdictional boundary changes, of this chapter.
(18) 
Upon the request of FEMA, complete and submit a report concerning participation in the NFIP, which may request information regarding the number of buildings in the SFHA, number of permits issued for development in the SFHA, and number of variances issued for development in the SFHA.
(19) 
It is the duty of the Floodplain Administrator to take into account flood, mudslide and flood-related erosion hazards, to the extent that they are known, in all official actions relating to land management and use throughout the entire jurisdictional area of the County, whether or not those hazards have been specifically delineated geographically (e.g., via mapping or surveying).
A. 
The Floodplain Administrator shall make interpretations, where needed, as to the exact location of SFHAs, floodplain boundaries, and floodway boundaries. The following shall apply to the use and interpretation of FIRMs and data:
(1) 
Where field-surveyed topography indicates that adjacent ground elevations:
(a) 
Are below the base flood elevation; even in areas not delineated as an SFHA on a FIRM, the area shall be considered as an SFHA and subject to the requirements of these regulations;
(b) 
Are above the base flood elevation; the area shall be regulated as an SFHA unless the applicant obtains an LOMC that removes the area from the SFHA.
(2) 
In FEMA-identified SFHAs where base flood elevation and floodway data have not been identified and in areas where FEMA has not identified SFHAs, any other flood hazard data available from a federal, state, or other source shall be reviewed and reasonably used.
(3) 
Base flood elevations and designated floodway boundaries on FIRMs and in FISs shall take precedence over base flood elevations and floodway boundaries by any other sources if such sources show reduced floodway widths and/or lower base flood elevations.
(4) 
Other sources of data shall be reasonably used if such sources show increased base flood elevations and/or larger floodway areas than are shown on FIRMs and in FISs.
(5) 
If a preliminary FIRM and/or a preliminary FIS has been provided by FEMA:
(a) 
Upon the issuance of a letter of final determination (LOFD) by FEMA, the preliminary flood hazard data shall be used and shall replace the flood hazard data previously provided from FEMA for the purposes of administering these regulations.
(b) 
Prior to the issuance of an LOFD by FEMA, the use of preliminary flood hazard data shall be deemed the best available data pursuant to Article III, § 135-3.1C(3), and used where no base flood elevations and/or floodway areas are provided on the effective FIRM.
(c) 
Prior to issuance of an LOFD by FEMA, the use of preliminary flood hazard data is permitted where the preliminary base flood elevations or floodway areas exceed the base flood elevations and/or designated floodway widths in existing flood hazard data provided by FEMA. Such preliminary data may be subject to change and/or appeal to FEMA.
A. 
The County floodplain ordinance in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements for participation in the NFIP. Municipalities with existing floodplain ordinances shall pass a resolution acknowledging and accepting responsibility for enforcing floodplain ordinance standards prior to annexation of any area containing identified flood hazards. If the FIRM for any annexed area includes SFHAs with flood zones that have regulatory requirements that are not set forth in these regulations, the governing body shall prepare amendments to these regulations to adopt the FIRM and appropriate requirements and submit the amendments to the governing body for adoption; such adoption shall take place at the same time as or prior to the date of annexation, and a copy of the amended regulations shall be provided to DCR Division of Dam Safety and Floodplain Management and FEMA.
B. 
In accordance with the 44 CFR 59.22(a)(9)(v), all NFIP participating communities must notify the Federal Insurance Administration and optionally the state coordinating office in writing whenever the boundaries of the community have been modified by annexation or the community has otherwise assumed or no longer has authority to adopt and enforce floodplain management regulations for a particular area.
C. 
To ensure that all FIRMs accurately represent the community's boundaries, a copy of a map of the community suitable for reproduction, clearly delineating the new corporate limits or new area for which the community has assumed or relinquished floodplain management regulatory authority, must be included with the notification.
The delineation of any of the floodplain district may be revised by the Board of Supervisors where natural or man-made changes have occurred and/or where more detailed studies have been conducted or undertaken by the United States Army Corps of Engineers or other qualified agency or an individual documents the need for a change. However, prior to any such change, approval must be obtained from FEMA. An approved letter of map revision (LOMR) serves as record of this change.
Initial interpretations of the boundaries of the floodplain districts shall be made by the Floodplain Administrator or designee. Should a dispute arise concerning the boundaries of any of the districts, the Board of Zoning Appeals shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the Board of Zoning Appeals and to submit his own technical evidence if he so desires.
A community's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, a community shall notify FEMA of the changes by submitting technical or scientific data. The data may be submitted via an LOMR. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.
The Floodplain Administrator and the applicant shall not use changed flood hazard area boundaries or base flood elevations for proposed buildings or developments unless the Floodplain Administrator or applicant has applied for a conditional FIRM revision and has received the approval of FEMA.
If design flood elevations are not specified, the Floodplain Administrator is authorized to require the applicant to:
A. 
Obtain, review and reasonably utilize data from a federal, state, or other source; or
B. 
Determine the design flood elevation in accordance with accepted hydrologic and hydraulic engineering techniques. Such analyses shall be performed and sealed by a registered design professional. Studies, analyses, and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator. The accuracy of data submitted for such determination shall be the responsibility of the applicant.
In riverine flood hazard areas where design flood elevations are specified (Zone AE) but floodways have not been designated, the Floodplain Administrator shall not permit any new construction, substantial improvement or other development, including fill, unless the applicant submits an engineering analysis prepared by a registered design professional that demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachment, will not increase the design flood elevation more than one foot at any point within the community.
A. 
When development in the floodplain will cause or causes a change in the base flood elevation, the applicant, including state agencies, must notify FEMA by applying for a conditional letter of map revision (CLOMR) or an LOMR. Examples include:
(1) 
Any development that causes a rise in the base flood elevations within the floodway.
(2) 
Any development occurring in Zone AE without a designated floodway, which will cause a rise of more than one foot in the base flood elevation.
(3) 
Alteration or relocation of a stream (including but not limited to installing culverts and bridges) 44 CFR 65.3 and 65.6(a)(12).
Prior to issuing a permit for any floodway encroachment, including fill, new construction, substantial improvements and other development or land-disturbing activity, the Floodplain Administrator shall require submission of a certification prepared by a registered design professional, along with supporting technical data, which demonstrates that such development will not cause any increase in the base flood level.
A. 
Floodway revisions. A floodway encroachment that increases the level of the base flood is authorized if the applicant has applied for a conditional Flood Insurance Rate Map (FIRM) revision and has received the approval of FEMA.
Prior to issuing a permit for any alteration or relocation of any watercourse, the Floodplain Administrator shall require the applicant to provide notification of the proposal to the appropriate authorities of all adjacent government jurisdictions, as well as the appropriate state agencies. A copy of the notification shall be maintained in the permit records and submitted to FEMA.
A. 
Engineering analysis. The Floodplain Administrator shall require submission of an engineering analysis prepared by a registered design professional, demonstrating that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased. Such watercourses shall be maintained in a manner that preserves the channel's flood-carrying capacity.
For applications for building permits to improve buildings and structures, including alterations, movement, repair, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall:
A. 
Estimate the market value, or require the applicant to obtain a professional appraisal prepared by a qualified independent appraiser, of the market value of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.
B. 
Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements or repairs, where applicable, to the market value of the building or structure.
C. 
Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.
D. 
Notify the applicant when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood-resistant construction requirements of the Building Code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage.
It shall be the responsibility of the Floodplain Administrator to assure that approval of proposed development shall not be given until proof that necessary permits have been granted by federal or state agencies having jurisdiction over such development, including Section 404 of the Clean Water Act.[1]
[1]
Editor's Note: See 33 U.S.C. § 1344.