The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) and accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), effective July 3, 1978, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the city council by the floodplain administrator. The study, FIRMs and FBFMs are on file at the city of South Lake Tahoe public services department.
(Ord. 910 § 1 (3-2); Code 1997 § 34-7)
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the city council from taking such lawful action as is necessary to prevent or remedy any violation.
(Ord. 910 § 1 (3-3); Code 1997 § 34-8)
This chapter is not intended to repeal, abrogate, or impair any existing ordinance, easements, covenants, or deed restrictions. The Tahoe Regional Planning Agency (TRPA), in Chapter 28 of its Code of Ordinances, provides direction with regard to additional development (including grading and filling) in 100-year floodplains, and regulation of public utilities, transportation facilities, and other necessary public uses located in floodplains.
In addition, the Water Quality Control Plan for the Lahontan Region's (basin plan's) ordinances contain prohibitions and exemption criteria that apply to project proposals within the floodplain, except for residential projects. They also apply to the shorezone area below the high-water rim of Lake Tahoe. Specifically, the basin plan contains prohibitions regarding the discharge, attributable to human activities, of solid or liquid waste materials including soil, silt, clay, sand and other organic and earthen materials to lands below the high-water rim of Lake Tahoe or within the 100-year floodplain of any tributary to Lake Tahoe. In addition, the threatened discharge, attributable to human activities, of solid or liquid waste materials including soil, silt, clay, sand and other organic and earthen materials, due to the placement of said materials below the high-water rim of Lake Tahoe or within the 100-year floodplain of any tributary to Lake Tahoe, is prohibited.
In cases where the floodplain is also a stream environment zone, the regional board applies an additional discharge prohibition. That prohibition addresses the discharge or threatened discharge, attributable to new development in stream environment zones, of solid or liquid waste, including soil, silt, sand, clay, rock, metal, plastic, or other organic, mineral or earthen materials, to stream environment zones in the Lake Tahoe Basin.
The basin plan also sets forth exemption criteria for the above basin plan prohibitions, provided specific findings can be made. The findings differ between the floodplain prohibition exemptions and the exceptions for stream environment zone activities.
Where this chapter and the TRPA's, basin plan's, or any other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Ord. 910 § 1 (3-4); Code 1997 § 34-9)
In the interpretation and application of this chapter, all provisions shall be:
A. 
Considered as minimum requirements;
B. 
Liberally construed in favor of the governing body; and
C. 
Deemed neither to limit nor repeal any other powers granted under state statutes.
(Ord. 910 § 1 (3-5); Code 1997 § 34-10)
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city of South Lake Tahoe, any agent or officer or employee thereof, the state of California, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
(Ord. 910 § 1 (3-6); Code 1997 § 34-11)
This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.
(Ord. 910 § 1 (3-7); Code 1997 § 34-12)