Unless specifically defined below, words or phrases used in this chapter shall be interpreted to give them the meaning they have in common usage and to give this chapter its most reasonable application.
Is the land within a community subject to a one percent or greater chance of flooding in any given year. These areas are typically designated as a Federal Emergency Management Agency (FEMA) zone A, AE, AH, or AO on FEMA flood insurance rate maps (FIRM Panels). This area includes inundated areas shown in base level engineering analyses for the 1% annual chance storm event.
Means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths.
Means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
Means a request for a review of the floodplain administrator's interpretation of any provision of this chapter or a request for a variance.
Means a structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.
Means the land area that would be inundated by the one-percent annual chance (100-year) flood based on future conditions hydrology.
Means a designated AO, AH, AR/AO, AR/AH, or VO zone on a community's flood insurance rate map (FIRM), or inundated areas shown in base level engineering assessments, with a one-percent (1%) or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
Is the land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year. The area may be designated as zone A on the flood hazard boundary map (FHBM). After detailed rate making has been completed in preparation for publication of the FIRM, zone A usually is refined into zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE or V. The area may also include inundated areas shown in base level engineering analyses for the 1% annual chance storm event.
Means the flood having a one-percent (1%) chance of being equaled or exceeded in any given year.
Means the elevation shown on the flood insurance rate map (FIRM) and found in the accompanying flood insurance study (FIS) for zones A, AE, AH, A1-A30, AR, V1-V30, or VE that indicates the water surface elevation resulting from the flood that has a one-percent (1%) chance of equaling or exceeding that level in any given year - also called the "base flood."
Means an automated riverine hydrologic and hydraulic modeling approach that provides flood risk data that meet the technical mapping standards outlined in federal insurance and Mitigation Administration Policy 204-078-1 Standards for Flood Risk Analysis and Mapping. Base level engineering includes estimated floodplain extents (10%, 1%, and 0.2% annual chance storm events), water surface elevation grids (1% and 0.2% annual chance storm events), and flood depth grids (1%, and 0.2% annual chance storm events). Base level engineering reference can be accessed at https://webapps.usgs.gov/infrm/estBFE/.
Means any area of the building having its floor subgrade (below ground level) on all sides.
Means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.
Means an artificially excavated, hydraulically equivalent volume of storage within the special or moderate flood hazard area used to balance the loss of natural flood storage capacity when artificial fill or structures are placed within the area of flood hazard.
Means facilities that materially affect the public health and welfare. Such facilities include, but are not limited to:
Hospitals, nursing homes, blood banks, health care facilities including those storing vital medical records, and housing likely to contain occupants who may not be sufficiently mobile to avoid death or injury during a flood;
Police stations, fire stations, vehicle and equipment storage facilities, and emergency operations centers that are needed for flood response activities before, during, and after a flood;
Public and private utility facilities that are vital to maintaining or restoring normal services to flooded areas before, during and after a flood;
Structures or facilities that produce, use, treat, store or dispose highly volatile, flammable, explosive, toxic, and/or water-reactive materials; and
Drinking water plants and facilities, and wastewater treatment plants and facilities.
Means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.
Means any man-made change to improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
Means, for insurance purposes, a non-basement building, which has its lowest elevated floor, raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
Means for the purposes of determining rates, structures for which the start of construction commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures."
Means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
Means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
Means the area extending five miles outside the City of Harlingen corporate limits. All development in the ETJ within an area of special flood hazard is subject to this article.
Means the Federal Emergency Management Agency.
Means the placement of earth or other solid material above the natural ground surface elevation prior to or during construction.
Means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.
Means an official map of a community, on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones applicable to the community.
Is an official report provided by the Federal Emergency Management Agency. The report contains flood profiles, water surface elevation or the base flood, as well as the flood boundary map. Also see flood elevation study.
Means a general and temporary condition of partial or complete inundation of normally dry land areas from:
Means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.
Means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.
Means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
Means any land area susceptible to being inundated by water from any source (see definition of flooding). The 1% annual chance floodplain is also known as the area of special flood hazard. Also see regulatory floodplain.
Means any land area susceptible to being inundated by water from any source (see definition of flooding).
Means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
See "regulatory floodway."
See "elevated building."
Means a use, which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term "functionally dependent use" includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
Means the highest natural elevation of ground surface prior to construction next to the proposed walls of a structure.
Means any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary [of the Interior] to qualify as a registered historic district;
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
Is a benefit under the National Flood Insurance Program (NFIP) that helps cover the costs of complying with building codes and regulations after a flood, particularly if a structure is deemed "substantially damaged" or a "repetitive loss." ICC can provide up to $30,000 to offset expenses like elevating, relocating, demolishing, or floodproofing a building.
Means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.
Means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.
Means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of section 60.3 of the National Flood Insurance Program regulations.
Means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle."
Means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
Means, for purposes of the National Flood Insurance Program, the North American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.
Are areas between the limits of the base flood and the 0.2-percent-annual-chance (or 500-year) flood. They are shown on flood maps as zones labeled with the letters B or X (shaded).
Means, for the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
Means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
Means providing appropriate regulatory oversight that the action of one property owner or community does not adversely affect the flood risks for other properties or communities as measured by increased flood stages, increased flood velocity, increased flows, or the increased potential for erosion and sedimentation, or any other impact deemed important by the city, unless the impact is mitigated as provided for in a community or watershed-based plan.
Means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to be self-propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
Means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. The floodway is congruent with the regulatory 1% annual chance floodplain in the city.
Means flood-related damage sustained by a structure on two separate occasions during a 10-year period, for which the cost of repairs at the time of each flood event equals or exceeds 25 percent of structure's market value before the damage occurred.
Means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
See area of special flood hazard.
Means, for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. The start of construction period is valid for 180 days, provided, however, that the duly designated building official may extend the start of construction period of an additional 180-day period pursuant to the city's code.
Means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
Means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. The term includes buildings that are determined to be repetitive loss (see definition).
Means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the damage occurred. For the purposes of this definition, an improvement occurs when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. This term includes structures, which have incurred "repetitive loss" or "substantial damage," regardless of the actual repair work done. The term does not apply to:
Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local Code Enforcement Official and which are the minimum necessary to assure safe living conditions or
Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."
Means a grant of relief from the requirements of chapter 105 when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this chapter. (For full requirements see section 60.6 of the National Flood Insurance Program regulations.)
Means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR section 60.3 (Floodplain management criteria for floodprone areas) is presumed to be in violation until such time as that documentation is provided.
Means the height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
(Ordinance 2023-24, § II, adopted 7/5/2023; Ordinance 2025-35 adopted 6/18/2025)