35.35.160 Regulations – Frequently flooded area protection standards.
(1) The standards of this Program, including this section, shall be implemented along with the International Building Code and CCC 21.01.040 to protect frequently flooded areas because the jurisdiction of the Shoreline Master Program covers the full extent of the floodplain and is therefore coincident with the frequently flooded areas.
(2) The standards of this section and other applicable provisions of this Program shall apply to all new uses and developments occurring within the floodway, floodplain or special flood hazard areas, including flood control structures regulated in Article IV of Chapter 35.20 CCC.
(3) Critical facilities shall be prohibited within areas designated as frequently flooded. Where linear critical facilities must cross frequently flooded areas, reasonable and practicable alternative alignments which minimize flood hazard shall be considered and preferred; any necessary crossing for linear critical facilities shall be elevated and/or floodproofed, sited to minimize hazard and ecological impacts, and otherwise designed and maintained to minimize flood hazards.
(4) Where base flood elevation data pertaining to a proposed development site is not available from an authoritative source, it shall be generated through studies provided by the development proponent in order to assess and mitigate flood risks.
(5) Land Divisions. New land divisions containing frequently flooded areas shall be consistent with the requirement to minimize flood damage; shall have utilities and common facilities located and constructed to minimize flood damage; shall have adequate drainage provided to reduce exposure to flood damage.
(6) Land Disturbing Activities within Floodways. Land disturbing activities are prohibited within floodways unless certification by a civil engineer licensed in the State of Washington is provided demonstrating that such activities shall not result in any increase in flood levels during the occurrence of the base flood discharge. In the designated frequently flooded area, the cumulative effect of any land disturbing activity, where combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood at any point. Certification by a civil engineer licensed in the State of Washington who is qualified for flood assessment is required unless the Administrator determines that sufficient information is available to determine compliance.
(7) Recreational Vehicles. Recreational vehicles placed within the frequently flooded areas area shall comply with all of the following conditions:
(a) The recreational vehicle shall be located on the site for fewer than 180 consecutive days, be fully licensed and ready for highway use, be on its wheels or jacking system, be not obstructed (i.e., no blocking or skirting), be attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions.
(b) Any structures temporarily attached to recreational vehicles must comply with applicable provisions of this chapter.
(c) Recreational vehicles shall not be located within shoreline or critical area buffers required pursuant to this Program.
(8) Protection Standards for Structures in Frequently Flooded Areas. In addition to the shoreline and critical area buffer requirements and other applicable protection standards of this Program and the standards set forth in Chapter 21.01 CCC, as amended, the following conditions shall apply to structures constructed within designated frequently flooded areas:
(a) Floodways. Consistent with RCW 86.16.041(2)(a), as it applies, construction or reconstruction of residential structures is prohibited within designated floodways, except for: (i) repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and (ii) repairs, reconstruction, or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either (i) before the repair, or reconstruction is started, or (ii) if the structure has been damaged and is being restored, before the damage occurred. Work done on structures to comply with existing health, sanitary, or safety codes or to structures identified as historic places shall not be included in the 50 percent.
(b) Residential, Commercial and/or Industrial Buildings. Buildings are prohibited within frequently flooded areas unless constructed or placed on lots or parcels of land platted by a final plat approved and recorded prior to December 10, 1980, for the Dungeness and Elwha Rivers and the effective date (June 16, 1992) of the Clallam County Critical Areas Code, Chapter 27.12 CCC, for all other frequently flooded areas. If a portion of the preexisting lot lies outside the frequently flooded area, building shall be directed to the nonhazard portion to the maximum extent feasible.