ORDER ~t0. 12279
AN ORDER OF THE COM~~+IISSIONERS COURT OF
KERB COUNTY, TEXAS, ESTABLISHING FLOOD-
PLAIN biANAG~'~L?VT REGULATIONS FOR FLOOD
PRONE AREAS OF KERR COUNTY, TEXAS.
WHEREAS, on the 9th day of D®Ceo]~et , A.D.,
1974, this Court resolved to adopt and maintain in force for
flood prone areas of Kerr County, Texas, measures with effec-
tive enforcement provisions consistent with Section 1910.3 of
the National Flood Insurance grogram as authorized by Article
8280-13 V.A.C.S.; and
WHEREAS, this Court has found that enactment of the
floodplair. management measures herein set forth will materially
:.ssist in *_r.inimizing damage to property and danger to life
caused by periodic flooding of the Guadalupe River and its
tributaries;
IT IS THEREFORE ORDERED BY THE C0~`~SISSIONERS COURT OF KERR
COUNTY, TEXAS:
SECTION 1. DEFINITIONS. The following definitions shall apply
to the following terms found in this Order:
A. FLOODPLAIN OR FLOOD PRONE AREA shall mean any land
area within the County, adjoining a river, stream,
lake, or other watercourse which can reasonably be
expected to be subject to periodic flooding, and
which has been or subsequently may hereafter be
identified as such by the Federal Insurance
Administration pursuant to National Flood Insurance
Regulations.
B. 100 YEAP. FLOOD shall mean a flood of such magnitude
as may reasonably be expected to be equalled or
exceeded on an average of once every 100 years.
C. FLOOD OR FLOODING shall mean a general and temporary
condition of partial or complete inundation of
normally dry land areas from the overflow of streams
and other inland waters.
D. FLOODPLAIN ARE. HAVING SPECIAL FLOOD HAZARDS means
the maximum area of the floodplain likely to be
inundated by the 100 year flood (i.e., that has a
one percent (lg) change of being flooded each year).
E. FLOOD PROOFING means any combination of structural
and nonstructural additions, changes, or adjustments
to properties and structures which reduce or elimi-
nate flood damage to lands, water and sanitary facili-
ties, structures, and contents of buildings.
F. FLOODPTAY means the channel of a river or other
~;ate-rcourse ~~nd the adjacent land areas required to
carry and discharge a flood of a gi~,ren magnitude.
G. START OF CONSTRUCTION, VIEW CONSTRUCTIO~Q, OR CONSTRUC-
TION means the first placement of permanent construc-
tion on a site such as the pouring of slabs or
footings, or any work beyond the sta3e of excavation.
For a structure without a easement or poured foot-
ings, the start of construction includes the first
permanent framing or assem~b ly of the structure or
affixing of any prefabricated structure or mobile
home to its permanent site.. Permanent cor_str••sction
c'~oes not include land preparation, clearing,
grading, filling; excavation for basement, footings,
piers, or four_dations; erection of temporary forms;
the installation. of pilings under proposed sub-
surface footings; installation of sewer, gas, and
water pipes, or electric or other service lines from
the street; or existence on the property of acces-
sory buildings such as garages, or sheds not occu-
pied as dwelling units or not part of the main
structure.
H. SUBSTANTIAL IMPROVEMENT means any repair, reconstruc-
tiOn, or imprv^V.^-.::leni. Of a structure, t$e COSt Of
which equals or exceeds 50~ of the actual value of
the structure, either (a) before the improvement is
started, or (b) if the structure has been camaged and
is being restored, before the damage occurred. Sub-
stantial improvement is started when the first altera-
tion of any part of the structural part of the building
commences .
SECTION 2. IDENTIFICATION OF FLOODPLAIN AREAS HAVI'_tiG SPECIAL
FLOOD HAZARDS, AND FLOODWAYS
A. Maps issued by the Federal Insurance Administration
delineating flood prone areas for portions of unin-
corporated Kerr County shall in part constitute the
official maps for purposes of enforcing this Order.
B. Upon receipt of more detailed, updated, or refined
maps from the Federal Insurance Administration, such
:naps shall constitute the official maps for purposes
of enforcing this Order.
C. The Cfficial :daps shall at all times be Sept in a
place convenient for the public.
D. The provisions of this Order shall apply at a mini-
mum to all areas identified as floodplain arias
having special flood hazards.
SECTION 3. FLOODPLAIN REGULATIONS
A. From and after the effective date of this Order, all
persons, firms, organizations and corporations pro-
posing new construction or substantial improvements
to existing structures in unincorporated Kerr County,
Texas, must first obtain a building permit from the
County Commissioner's Court or the Court's designated
official or body;
Building permits will rot be required from this
Court for proposed construction or substantial
irprovements within the corporate limits of ir_cor-
porated areas ~trithin Kerr County, Texas, :~hich
require buildinc, permits for such constr:zcti cr and
improvements.
B. The Corli-nissioner's Court or its designated official
or body will review all building permit aoolications
to insure tinat any proposed construction in Kerr
County will be reasonably safe from flooding. If a
proposed building site is in a location t'.^.at has a
flood hazard, any proposed new construction or sub-
stantial improvements must be (1) designed or modi-
fied and anchored to prever_t flotation, collapse, or
lateral movements of the structure, (2) use construc-
tion materials and utilize equipment that are
resistant to flood damage, and (3) use construction
methods and practices that will minimize flood damage.
C. The Commissioner's Court or its designated official
or body will review all subdivision proposals in
unincorporated Kerr County, to assure that (1) such
proposals are consistent with the need to minimize
flood damage, (2) all public utilities and facilities,
such as gas, sewer, water, and electrical systems are
located, elevated, and constructed to minimize or
eliminate flood damage, and (3) adequate drainage is
provided to reduce exposure to flood hazards.
D. All new or replacement water supply and sanitary
sewage systems must be designed to minimize or
eliminate infiltration of flood waters into the
systems and discharges from the systems into flood
waters.
E. All on-site liquid or solid waste disposal systems
must be located so as to avoid impairment of them or
contamination from them during flooding.
F. All new construction or substantial improvements of
residential structures within the area of special
flood hazards must have the lowest floor, including
basements elevated to or above the level of the 100
year flood .
G. All new construction or substantial improvements of
non-residential structures within the area of special
flood hazards must have the lowest floor, including
basemer_t, elevated to or above the level of the 100
year flood, or together cuith attendant utility and
sanitary facilities to be floodproofed to the level
of the 100 year flood.
Until such time that a floodway can be designated,
no use, including land fill, may be permitted
within the floodplain area having special flood
hazards, unless the applicant for the proposed use
can demonstrate, to the satisfaction of the Court,
that such use, together with all other existing and
anticipated uses, will not increase the water's
surface elevation of the 100 year flood more than
one foot at any point.
SECTION 4. PRECEDENCE AND SEVERABILITY
A. This Order shall take precedence over any conflicting
Order, Laws, or Codes within floodplain areas having
special flood hazards, but shall not repeal existing
or prohibit additional regulations except when such
regulations are in direct conflict with this Order.
B. It is the intent of this Court that the sections,
subsections, paragraphs, sentences, clauses, and
phrases of this Order are severable, and if any of
them shall be declared unconstitutional or invalid
by the valid judgment or decree of any Court of ''
common jurisdiction, such unconstitutionality or
invalidity shall not affect any of the remainder of
this Order, since the same would have been enacted
by this Court without the incorporation of any
unconstitutional or invalid portions.
day of December
r~,5S~ ~`+~ ~p~0~. ~D this 9th
,~„ 1974.
'--
Julius R. Zia<<"~=~oi~er : C
County Judge ~.`
Kerr County, Texas
. ~_ ,
r~sTEST : ~"
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' , .~Llou.~sty C1er~
~$~i e ~ ~ ~ ~wmaker
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