The legislature of the State of New Mexico has, in section 3-18-7
New Mexico Statutes Annotated 1978, delegated the responsibility to
local governmental units to adopt regulations designed to minimize
flood losses. Therefore, the town does ordain as follows.
(Ordinance 10-24 adopted 2010)
A. The
flood hazard areas of the town are subject to periodic inundation,
which results in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, and extraordinary
public expenditures for flood protection and relief, all of which
adversely affect the public health, safety and general welfare.
B. These
flood losses are created by the cumulative effect of obstructions
in floodplains which cause an increase in flood heights and velocities,
and by the occupancy of flood hazard areas by uses vulnerable to floods
and hazardous to other lands because they are inadequately elevated,
floodproofed or otherwise protected from flood damage.
(Ordinance 10-24 adopted 2010)
It is the purpose of this chapter to promote the public health,
safety and general welfare and to minimize public and private losses
due to flood conditions in specific areas by provisions designed to:
A. Protect
human life and health;
B. Minimize
expenditure of public money for costly flood control projects;
C. Minimize
the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
D. Minimize
prolonged business interruptions;
E. Minimize
damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets and bridges located in
floodplains;
F. Help
maintain a stable tax base by providing for the sound use and development
of flood-prone areas in such a manner as to minimize future flood
blight areas; and
G. Ensure
that potential buyers are notified that property is in a flood area.
(Ordinance 10-24 adopted 2010)
In order to accomplish its purposes, this chapter uses the following
methods:
A. Restrict
or prohibit uses that are dangerous to health, safety or property
in times of flood, or cause excessive increases in flood heights or
velocities;
B. Require
that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction;
C. Control
the alteration of natural floodplains, stream channels, and natural
protective barriers, which are involved in the accommodation of floodwaters;
D. Control
filling, grading, dredging and other development which may increase
flood damage;
E. Prevent
or regulate the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards to other lands.
(Ordinance 10-24 adopted 2010)