In accordance with these directed provisions, this chapter is specifically adopted pursuant to the authority granted to localities by Va. Code § 10.1-600 et seq. and Va. Code § 15.2-2280(1). The purpose of these provisions is to prevent: the loss of life, health, or property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by: [44 CFR 59.22(a)(2)]
A. 
Regulating uses, activities, and development which, alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies;
B. 
Restricting or prohibiting certain uses, activities, and development from locating within districts subject to flooding;
C. 
Requiring all those uses, activities, and developments that do occur in flood-prone districts to be protected and/or floodproofed against flooding and flood damage; and
D. 
Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards.
These provisions shall apply to all privately and publicly owned lands within the jurisdiction of Buchanan County and identified as areas of special flood hazard shown on the Flood Insurance Rate Map (FIRM) or included in the Flood Insurance Study (FIS) that are provided to Buchanan County by FEMA; and identified as areas of special flood hazard identified by the community.
A. 
No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this chapter and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this chapter.
B. 
The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study, but does not imply total flood protection. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that districts outside the floodplain district or land uses permitted within such district will be free from flooding or flood damages.
C. 
This chapter shall not create liability on the part of Buchanan County or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
Records of actions associated with administering this chapter shall be kept on file and maintained by or under the direction of the Floodplain Administrator in perpetuity. [44 CFR 59.22(a)(9)(iii)].
To the extent that the provisions are more restrictive, this chapter supersedes any ordinance currently in effect in flood-prone districts. To the extent that any other existing law or regulation is more restrictive or does not conflict, it shall remain in full force and effect. These regulations are not intended to repeal or abrogate any existing ordinances, including subdivision regulations, zoning ordinances, or building codes. In the event of a conflict between this chapter and any other ordinance, the more restrictive shall govern. [44 CFR 60.1(b)].
If any section, subsection, paragraph, sentence, clause, or phrase of this chapter shall be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this chapter. The remaining portions shall remain in full force and effect; and for this purpose, the provisions of this chapter are hereby declared to be severable.
A. 
[44 CFR 60.2(e)] Any person who fails to comply with any of the requirements or provisions of this chapter or directions of the Floodplain Administrator or any authorized employee of Buchanan County shall be guilty of a Class 3 misdemeanor and subject to the penalties thereof. Every day a violation of this chapter continues after notice of such violation shall be considered a separate offense.
B. 
The VA USBC addresses building code violations and the associated penalties in Section 104 and Section 115.
C. 
In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this chapter. The imposition of a fine or penalty for any violation of, or noncompliance with, this chapter shall not excuse the violation or noncompliance or permit it to continue; and all such persons shall be required to correct or remedy such violations within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this chapter may be declared by Buchanan County to be a public nuisance and abatable as such. Flood insurance may be withheld from structures constructed in violation of this chapter.