A. Finding of Fact. The city finds that frequently flooded areas provide a variety of valuable and beneficial physical functions that benefit the city and its residents, and/or may pose a threat to human safety or to public and private property. The beneficial functions and values provided by frequently flooded areas include flood storage, conveyance and attenuation of floodwaters as well as channel migration zone management.
B. Technical Information.
1. Applicability. This section shall apply to all areas of special flood hazard and wetlands within the jurisdiction of the city, originally adopted as Chapter
19.04 EMC and amended as a section of this chapter.
a. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for King County, Washington, and Incorporated Areas" dated August 19, 2020, and any revisions thereto, with accompanying flood insurance rate map (FIRM), dated August 19, 2020, and any revisions thereto, are hereby adopted by reference and declared to be a part of this chapter. The flood insurance study and FIRMs are on file with the city clerk, city of Enumclaw, City Hall, Enumclaw, Washington. The best available information for flood hazard area identification as outlined in subsection (C)(1) of this section shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under subsection (C)(1) of this section.
C. Administrator – Duties.
1. When base flood elevation data has not been provided in accordance with subsection (B)(1)(a) of this section, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source.
2. Where base flood elevation data is provided through the flood insurance study, FIRM, or as required in subsection
A of this section, obtain and maintain a record of the actual (as-built) elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures, and whether or not the structure contains a basement.
3. For all new or substantially improved floodproofed nonresidential structures where base flood elevation data is provided through the FIS, FIRM, or as required in subsection (C)(1) of this section:
a. Obtain and maintain a record of the actual elevation (in relation to mean sea level) to which the structure was floodproofed; and
b. Maintain the floodproofing certifications as required in EMC § 19.02.065(B)(3).
4. Maintain for public inspection all records pertaining to the provisions of this chapter.
5. Interpretation of FIRM Boundaries. The administrator shall make interpretations where needed as to the exact location of the boundaries of the areas of special flood hazard (e.g., where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in EMC §
19.02.170. Such appeals shall be granted consistent with the standards of Section 60.6 of the Rules and Regulations of the NFIP.
6. The administrator shall notify adjacent communities and the Washington State Department of Ecology prior to any alteration or relocation of a watercourse, submit evidence of such notification to the Federal Insurance Administration through appropriate notification means, and require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
7. Habitat Assessment. The administrator shall require a habitat assessment for all development within areas of special flood hazard (reference "Floodplain Habitat Assessment and Mitigation, Regional Guidance for the Puget Sound Basin," FEMA Region 10, 2013, or as hereafter revised).
8. Obtain and maintain certification required by EMC § 19.02.190(A)(10)(a) (floodway encroachments).
9. Obtain and maintain records of all variance actions, including justification for their issuance.
10. Obtain and maintain improvement and damage calculations.
11. Designation of the Floodplain Administrator. The community development director is hereby appointed to administer, implement, and enforce this chapter by granting or denying development permits in accordance with its provisions. The floodplain administrator may delegate authority to implement these provisions.
12. Permit Review. Review all development permits to determine that:
a. The permit requirements of this chapter have been satisfied;
b. All other required state and federal permits have been obtained;
c. The site is reasonably safe from flooding;
d. The proposed development is not located in the floodway. If located in the floodway, ensure the encroachment provisions of EMC § 19.02.190(A)(10)(a) are met;
e. Notify FEMA when annexation occurs in the special flood hazard area.
D. Compliance. All development within special flood hazard areas is subject to the terms of this chapter and other applicable regulations.
E. Noncompliance. 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. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions), shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $5,000 or imprisoned for not more than 90 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.
F. Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restrictions conflict or overlap, whichever imposes the most stringent restrictions shall prevail.
G. Interpretation. In the interpretation and application of this chapter, all provisions shall be:
1. Considered as minimum requirements; and
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under state statutes.
H. Warning and Disclaimer of Liability. 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 hazard 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 Enumclaw, any officer or employee thereof, or the Federal Insurance Administration for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
(Ord. 2293 § 2 (Exh. A), 2005; Ord. 2544 § 1, 2014; Ord. 2572 § 2 (Exh. A § 3), 2015; Ord. 2679 § 1 (Exh. A), 2020; Ord. 2798 § 2 (Exh. B), 2025)