~'~~~:~- 7 ~'~ ~ f, i/
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: Jonathan Letz
MEETING DATE: October 27, 2003
SUBJECT: (PLEASE BE SPECIFIC)
OFFICE: Commissioners Court
TIlVIE PREFERRED:
Consider and discuss administration of the Kerr County Flood Plain Program and establish appropriate
procedures.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Comm. Pct. #3
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter
551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:

All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been
prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be
appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules
Adopted by Commissioners' Court.
5:00 P.M. previous Tuesday.
FPOM
FAX hJO. 830995214a Oct, 22 X003 06; 53A~•i P4
Consider and discuss administratian of the Derr County Flood Plain program and
establish appropriate procedures.
During; the October 14, 2003 Commissionex's Caurt meeting we authozized moving the
administratiozi of the Kerr County Flood Plain Order to the Road and Bridge Department.
Y believe we need to discuss this transition and establish procedures for handling this
administration.
T have asked Franklin Johnston to provide the court a recatnrnenda#itrn.

1. DUTIES OF THE FLOODPLAIN ADMINISTRATOR
A. Duties of the Floodplain Administrator is specified in Article 4, Section B, Kerr
County Flood Damage Prevention Order.
2. TRANSITION FROM U.G.R.A. TO KERB COUNTY
A. Set date of transfer so that new Floodplain Administrator can schedule training
course to become Certified Floodplain Manager, CFM.
B. UGRA to turn over all documents, files, maps, computer hardware and software
with maping and floodplain information, of which we have adequate time to review
and receive training on software involved.
C. Contract with current Floodplain Administrator to provide O.J.T. training and
instruction.
D. One additional administrative clerk/computer operator.
3. TRAINING
A. The FEMA 4 '/Z day Training Course for Floodplain Managers ,December 1,
2003, in Arlington, Texas is booked up. One CFM course offered per year by the
Texas Colorado River Floodplain Coalition. LCRA has a course in spring, 2004
( date not yet determined).
B. Managing Floodplain Development Through the NFIP by Oklahoma Water
Resources Board and FEMA, January 12 - 16, 2004, Norman, OK.
C. One day course in Austin on ArcView Software which is needed to use the
KCAD map layers correctly. Next course is Dec. 9, 2003.
D. There is a training course given by the Texas Floodplain Management Association
in Kerrville, Nov. 5 - 7, 2003
E. I would like to attend B, C, and D above.
4. SALARY
A. Current Floodplain Administrator works 10 hours per week on Floodplain issues,
except during flood events, where he works full time on floodplain.
B. Floodplain issues being 10 hours per week or 40 hours per month @ $ 34.00/hr =
$ 1,360.00 /month additional compensation to ezisting County Engineer's
salary.
C. The County Engineer currently make a salary of $ 2,039.00 /month for approx. 60
hours per month Doing both duties would make his salary $ 3,399.00 /
month.
D. Make provision for overtime compensation during a flood event where more than
40 hours per month is required. Floodplain Administrator makes a Residential
Substantial Damage Estimate of all structures involved in a flood.
PAGE 1 OF 2

5. BUDGET AND FEES
A. Re-allocate existing budget used for Floodplain Administration to Road and
Bridge Administration Budget.
B. Current FEES are:
1) Application for Floodplain Determination :................. $ 55.00 ~ ,
2) Application for Development Permit -Residential ..... ~ 200.00 ~ ~~
3) Application for Development Permit -Commercial ... $ 400.00
I
Fees should be credited to the Budget, and modified periodically to make this
program revenue neutral to Kerr County.
C. We need to work out who receives the money from fees. It needs to be paid at
the courthouse and they bring me a receipt like we do with subdivision plats.
6. CAPITAL PURCHASE
A. Consider purchase of a laptop computer so it can be taken into the field with all
maping information, as required.
B. Make recommendations later in budget year if additional software would make
floodplain determination more accurate.
PAGE 2 OF 2
~ ~
\ /
October 3, 2003
TEXAS FLOODPLAIN MANAGEMENT
ASSOCIATION
Dear TFMA Member:
Our Fall Conference is being held in the beautiful and tranquil City of Kerrville,
November 5, 6, and 7, 2003. The enclosed Conference Registration Form and
"Welcome to Kenvi{le Information" is being forwarded to you by the Kerrville
Convention and Visitors Bureau. Our Conference Hotel is the fustic YO t2esort
Hotel and Conference Center, with a room rate of $70 plus tax per night. To
make reservations call (830) 257y4440.
Along with outstanding training opportunities and special presentations for local
floodplain managers, we have some great entertainment planned for this
conference. If that was not enough, Kerrville and the surrounding area offers an
opportunity to visit museums, natural wildlife, parks, golfing, great dining, and just
general beauty and tranquil atmosphere.
Please make arrangements now to attend the 200
Remember, this is your Association, and we would not be
you and your efforts.
See you in Kenville.
Diane L. Calhoun
Diane L. Calhoun, CFM
Chair, TFMA
3 Fall Conference.
the greatest without
Enclosures
Page 1 of 1
Franklin Johnston, P.E.
From: "Roy Sedwidc" <roy.sedwick@Icra.org>
To: <kcengr(dlktc.com>
Sent: Friday, Qctober 24, 2003 2:58 PM
Attach: ATT00004.em1
Subject: Fwd: TFMA Fall Technical Conference
Frank -Hope you can make the conference
Thanks for your interest
Roy
10/26/03
TEXAS FLOODPLAIN MANAGEMENT ASSOCIATION
FALL 2003 TECHNICAL FLOOD CONFERENCE
November 5 - 7, 2003
Kerrville, Texas
"KNOWLEDGE lS POWER"
CONFERENCE AGENDA
WEDNESDAY -NOVEMBER 5, 2003
9:OOam-5:OOpm
Early Bird Pre-Conference Trafnfng
NFIP 1 tN Workshop
Diane L. Calhoun, CFM, Diane Calhoun Consulting
Lunch on Your Own
1:00 pm - 5:00 pm
Conference Registration
7:00 pm -10:00 pm
Fioodpiain Managers Social
THURSDAY, NOVEMBER 6, 2003
7:30 am - '[ 1:30 am
Conference Registration
7:30 am-8:45 am
TFMA Boar~al of Directors Meeting
9:OOam-9:15 am
Conference N/elcome
Roy D. Sedwick, CFM - TFMA Execptive Director
Diane L Calhoun, CFM - TFMA Chairman
9:15 am-10:15 am
Name: "Natural Hazards of Texas"
Presenter: Larry H. Eblen, Warning Coordination Meteorologist
National Weather Service, New Braunfels, Texas
Topic: Will explore ali of the natural hazards that affect Texas communities from
floods and tornadoes to earthquakes. These are the hazards that local
communities are trying to mitigate in their local Hazard Mitigation Plans.
10:15 am-10:30 am
BREAK
1 of 5 10/26/03
TEXAS FLOODPLAIN MANAGEMENT ASSOCIATION
FALL 2003 TECHNICAL FLOOD CONFERENCE
November 5 - 7, 2003
Kerrville, Texas
10:30 am-11:30 am
Name: "Good, Bad and Ugly of Mitigation Planning"
Presenters: Edward G. Klaus, CEM/CFM -Edward Klaus 8~ Associates
Jo Ann Howard - H2O Partners, Inc.
Cathy Meek, CFM - H2O Partners, Inc.
Topic: Experiences of working with over 100 Texas counties in the development of
"All Hazards" Mitigation Plans as required under the Disaster Mitigation Act of
2002. These plans are required to be approved and in place by November 2004.
11:30 am -1:00 pm
LUNCHEbN and GENERAL MEMBERSHIP MEETING
AFTERNOON SESSIONS -TRACKS A. B. C 8 D
TRACK A - Hvdrologv &. Floodalain Modeling Session
1:30 pm - 2:30 pm
Name: "~Ioodplain Modeling and Beyond -Multi-Objective Modeling"
Presenters: Suzy Valentine McElroy, P.E., CFM - LCRA
Melinda Luna, P.E. - LCRA
Topic: mil focus on creative computer modeling of the Colorado River to achieve
multiple objectives such as flood control, water supply, water quality, flood
damage and feasibility assessments, and floodplain mapping.
2:30 pm - 3:40 pm
Name: "San Antonio River Basin Regional Watershed Program"
Presenter: Nefi Garaa, P.E. -Hydrologist, San Antonio River Authority
Topic: Presentation regarding the San Antonio River Authority River basin
modeling effort that will link existing hydrologic and hydraulic models by a GIS
format to create a regional approach to studying floods and flood control, and
augment National Weather Service predictions and forecast.
3:40 pm - 4:00 pm
BREAK
4:00 pm - 4:50 pm
Name: "Floodplaln Modeling in Emergency Services Planning for the City of
New Braunfels during the July 2002 Flood"
Presenters: Mike Short -City of New Braunfels
Richard Myrick - CH2M HILL
Betty T. Leite, (EtT), CFM - CH2M HILL
Stephen King - CH2M HILL
Emily Holtzclaw - CH2M HILL
Topic: Floodpiain Modeling has demonstrated to be a successful tool in
Emergency Services Planning. During the July 2002 South-Central Texas Flood,
the City was affected by about 69,300 cfs of flooding waters uncontrollably
2 of 5 10/76J03
TEXAS FLOODPLAIN MANAGEMENT ASSOCIATION
FALL 2003 TECHNICAL FLOOD CONFERENCE
November 5 - 7, 2003
Kerrvttte, Texas
released from the Canyon Dam emergency spillway. USCOE stage~lischarge
predictions allowed the City to prepare for a state of emergency evacuation of
properties along the course of flooding waters. The CH2M HILL calibrated HEC-
RAS model for the Guadalupe River was an essential tool during preparedness
activities at the Comal County Emergency Operations Center (EOC). The model
was used to simulate USCOE flow predictions and generate emergency
evacuation maps used throughout the City. Multiple flow scenarios were
analysed, generating a range of flooding conditions before, during, and after peak
flows. The computer-generated maps also helped local citizens to understand the
importance of sound floodplain management practices in their community.
TRACK B - "How To"Community Floodpiain Management Session
1:30 pm - 3:40 pm
Name: "How to Survive a Community Assistance visit (CAIN"
Presenter: Diane Calhoun, CFM, Diane Calhoun Consulting, inc.
Topic: Periodically communities that are participating in the National Flood
Insurance Program (NFIP) are visited by the State or FEMA to ensure that
communities are achieving the flood loss reduction objectives of the program.
The main objective of the CAV is to identify, prevent and resolve floodplain
management issues before they develop into problems requiring enforcement
actions.
3:40 pm - 4:00 pm
BREAK
4;00 pm - 4:50 pm
Name: "How to Minimize Flood Damage"
Presenter: Ataul Hannan, P.E., CFM, Water Resources Engineer,
Michael Baker Jr., inc.
Topic: A flood is a temporary overflow of a river onto adjacent lands that are not
normally covered by water. Day by day the damage caused by floods is
increasing. What is the reason for the increase in flood damage? In this
presentation we are going to talk about the causes of flood and various measures
we can take to reduce flood damage. In order to understand the cause of flood we
need to focus on local issues. The presentation will also look into various
techniques to better adapt with natural hazards by "designing with nature" then
try to control natural forces. This might help us reduce loss of life and property.
3 of 5 1026/03
TEXAS FLOODPLAIN MANAGEMENT ASSOCIATION
FALL 2003 TECHNICAL FLOOD CONFERENCE
November 5 - 7, 2003
Kerrville, Texas
TRACK C -Elected Officials Floodalain Management Training Session
1:30 pm - 3:40 pm
Name: "Addressing Your Community's Flood Problems - A Guide for
Elected Officials"
Presenters: Samantha A. Medlock, CFM -Coalition Manager - TCRFCILCRA
Roy D. Sedwick, CFM - Floodplain Coordinator - LCRA
Topic: This session will address the role of the Elected Official in local floodplain
management programs. A number of issues will be addressed including
focal permitting, need for a trained and certified local floodplain manager,
local program fees 8~ budgeting, compliance and enforcement, emergency
management, hazard mitigation planning, disaster assistance and much
more. NOTE: You do not need to be an elected official to attend.
3:40 pm - 4:00 pm
BREAK
4:00 pm - 4:30 pm
Continuation 8~ Conclusion of Elected Officials Floodplain Management Training
TRACK D - SKYWARN STORM SPOTTER TRAINING SESSION
1:30 pm - 3:40 pm
Name: "Basic and Advanced SkyWarn Storm Spotter Training"
Presenter: Larry H. Eblen -Warning Coordination Meteorologist, NWS
Topic: Learn how to recognize the first signs of severe weather from hail, wind
storms, floods and tornadoes. Discussion of actions to take in the event severe
weather threatens or strikes your community.
3:40 pm - 4:00 pm
BREAK
4:00 pm - 4:50 pm
Name: "Is Your Community StormReady? 8 "Turn Around -Don't Drown"
Presenter: Larry H. Ebien
Topic: Learn how these new NWS programs can help you prepare your
community for storms and disasters. The "Tum Around -Don't Drown" is a new
public safety initiative that focuses on the dangers of flooded low water crossings
and may help you safe a life.
5:00 pm - 8:04 pm
TFMA Certified Floodplain Managers National Exam
NOTE: Must be Pre-Registered and a member of TFMA to take the exam.
8:00 pm -10:30 pm
TFMA Post Exam Social
4 of 5 10/26/03
TEXAS FLOODPLAIN MANAGEMENT ASSOCIATION
FALL 2003 TECHNICAL FLOOD CONFERENCE
November 5 - 7, 2003
Kerrville, Texas
FRIDAY- NOVEMBER 7.2003
MORNING PLENARY SESSION 8~ CONFERENCE CLOSING
8:00 am - 9:10 am
Name: "FEMA Mitigation Programs for 2Q04"
Presenter: Frank Pagano, Federal Emergency Management Agency, Region VI
Topic: A closer look at FEMA's Mitigation Programs and the Map Modernization
Effort New ways to fund and conduct local "ail hazards" mitigation and the
increased funding for updating and creating new digital flaodplain maps.
9:10 am-10:10 am
Name: "What Are Floodplairr Managers Legislative Issues?"
Presenter: John Espinoza, P.E., CFM, Turner Collie 8~ Braden, Inc.
Topic: Open discussion regarding legislative floodplain management issues. And
ways the TFMA and local floodplain managers can communicate and educate our
elected representatives on these issues. Should Texas require mandatory training
for local floodpfain managers? What about flood insurance training for insurance
agents Do we need a stronger state floodplain management program? We will
look at these issues and other important legislative efforts.
10:10 am-10:45 am
BREAK
10:45 am-11:45 am
Name: "CFM Committee Update"
Presenter: Janine E. Ellington, CFM, Corral County
Topic: Review of upcoming changes to the Certified Floodplain Managers
program including exam, continuation education credits (CEC), renewals, fees,
etc. NOTICE: Some major changes are coming to the TFMA Cert~cation Program
due to an audit by the Association of State Fioodplain Managers, Inc. You need to
know how these changes will affect your CFM status.
11:45 am -12:00 Noon
CLOSING REMARKS
Roy D. Sedwick, CFM -TFMA Executive Director
Diane L. Calhoun, CFM -TFMA Chairman
CONFERENCE ADJOURN
"Drive safely and arrive alive to fight the good fight until next year"
5 of 5 10/26/03
Welcome to the summer is~seere of Floadplain Foam, published to highlight ideas and
activities Avnoerning flootiplai» management in the lower t~orwdo Ftit~er basin. You also can
view Floodplain Forum on the LCCtA V4T°b site at www.lcra.org and the Texas Colorado River
Floodptgin Coalition Web site at www.tcrfc.cug. If you want additional information or an
e-mail subscription, please contact Itny Setfwick at Ro3:5etlwick~kra.org.
IT1QW LABORED EFF~GTIVELY
TEXAS, I~IASH~fi1BTON, D.G.
exas Colorado River Floodplain
ition (TCRFC) had a positive
influence in 2003 on state and fed-
eral decisions that affect floodplain
management. Based In part on
written testimony and letters of oancem from
coalition members, the:
7$th Texas Legislature passed
HB 543, which supports floodplain
management practices.
Texas Water Development Board
reallocated funding cuts to mini-
mize the effect on the digital
floodplain mapping program.
Governor allowed a state agency to
lift a travel ban so that National
Flood Insurance Program workshops
and trafn[ng could continue.
FEDERAL. TCRFC members caned and
wrote letters in favor of a $1.6 million federal
appropriation to continue the lower Colorado
River flood study in fiscal year 2004. The mul-
tiyear study by the U.S. Army Corps of
Engineers is essential to find solutions for
flooding problems in the basin. As of mid-July,
members of the Texas congressional delegation
had obtained $1.6 million for the study in the
Senate subcommittee ver-
sion of the appropriations
bill. The House Energy and
Water appropriations bill
included 5750,000 for the
study. A conference com-
mittee will determine the
final appropriation for
the study.
SPATE. The Legislature
passed three bills that
affect local floodplain
management authority.
HB 543 prohibits pur-
veyors of manufactured
homes from selling or
Installing them in Hood
hazard areas des[gnated by
the Federal Emergency Management Agency
(FEMA}. It also requires the buyer to show evi-
dence before closing that the hamesite is not in
a flood hazard area. The bill went Into effect
June Z0.
HB 918 strengthens the position of special
districts -such as stormwater control dis-
tricts and water control and improvement dis-
tricts - in their drainage and flood control
activities. The new law allows a district to
require developerx to subm[t a subdivision
drainage report as part of the plat approval
process. The report would include a map that
accurately represents existing drainage fea-
tures, proposed facllities or connections and
any plans that may affect drainage. The bill
went into effect June 20.
HB 2130. Under a current law called permit
vesting, landowners may develop their proper-
ty according to the city standards that were [n
place at the time the permit application was
filed. The taw allows exceptions to permit vest-
ing for city codes that protect the public. CMe
exception is for regulations that "prevent the
imminent destruction of property or injury to
persons" from an event like a flood.
HB 2130 clarifies that the regulation (1) may
apply only to areas in a floodplain established
by a federal flood control program, (2} must
be designed to prevent Hooding of a public
building, and (3) may not be enacted if ft
affects lot size, lot dimensions, lot coverage,
building size, residential or commercial den-
sity, the timing of a protect or development
perm[tted by a restrictive covenant required
by a city. The bill will go Into effect Sept. 1.
TCRfC recognized at t~erertoe .....................2
Bastrop rates may drop ..........._ ....................2
New staff brings experietloe ...........................2
Plan ready by faN ..........................3
Pre-disaster grarE deatNalle a Atilt. T1............3
Events sd>edtde .............................................4
TCRFC REC~GI~IZEQ AT TEXAS
FLt30DPLAiW CONFEREiVCE
and its partnership with LCRA set a good example for the
nationwide effort to reduce flood damage and Save fives, said Gary Jones, acting direc-
tor of E'EMA Region Vl, at a conference luncheon Juiy 10.
Jones spoke at the three-day Texas Fioodp[ain Management Association (TFMA)
ronfecence in San Antonio, attended by n#ore than 230 floodplain managers, federal
and state agency staff, and engineers.
The conference theme, "Storm Water Knows Na Boundaries," was carried through
30 sessions on subjects such as natural hazards of Texas, no-rise certifications, map
moderNzation and hazard mitigation grants.
TCRFC also was noted at the conference for contributing to the publication "Texas
Quick Guide" and for supporting floodplain management legislation.
Domingo Montalvo Jr., TCRFC chairman, was introduced at the conference open-
ing. At the awards banquet, Wes Birdwell was recognized for his contribution to flood-
plain management in Texas and far his vision in crafting TCRFC. Birdwefl recer,uy
retired from LCRA.
Visit the TFMA Web site, www.tfma.org, for information on membership, certifi-
cation, training and conferences.
LCRA boosted the TCRFC and flood pre~iaredness stall'
in 2UE13 by recruiting two women with 30 years, com-
bined, of experience In floodplain management.
Suzy McLlroy, a . prdfes3ionat engineer and certified
floodplafn tnariager (CFM), and Sam Medlock, CfaM;
both work In the LCRA (loodplain management pro-
gram. McElroy supervises the ffo«iptain management
and modeling groups: Before )Dining LCRA she served
as the FEMA regiortat mapping coordinator for Texas
and Louisiana. She also wa§ a~ senior program manager
of water resources at ??BS&J; specializtrtg fn water
resources feasibility, planning ante design projects.
Medloek joined the LCRA staff' as flciodplain coalition
program coordinator. She moved to Austin from
Flower Mound: where she was director of planning
services. ~-ler 10, years of experience in watershed and
ftoodpfain management include serving as an environ-
[rtentat planner for the Trinity River Gammon. Vision
l~rograin through the North Central Texas Council
of Governments.
Z
LCRA, TIrItFC BENEFIT FR01~ I~EW
ENfPLEi~(FE~' FL~~I~PLAI~#
NfA1~AI;EII~ENT EXPERIENEE
~~ ~[afjoma ~ ll~tattagerg S~gguuntiu4t
~e~o[utiott
~u ~u~~ort of ~Co.uba~torp ~Cr~ir~fug
for ,~'~oob~r~f r~ ,~~t~~gerg
WHEREAS, the Oklahoma Floodplain Managers Association is a professional organization working
together to promote interest in flood damage abatement; &
WHEREAS, saving lives & reducing property loss from floods are our ultimate goals;
WHEREAS, the OFMA recognizes the hardships of small communities struggling with daily tasks to simply
keep their community operating;
WHEREAS, OFMA works closely with the Oklahoma Water Resources Board, the Federal F~nergency
ManagementAgencyand other agencies in training local floodplain administrators annually;
WHEREAS, OWRB hosts and provides the majority of training annually to local floodplain officials in
communities that participate in the National Flood Insurance Program;
WHEREAS, 363 Oklahoma communities participate in the NFIP that includes, cities, towns, counties and
tribes and only one-third of these communities participate in these annual training opportunities;
WI~REAS, floodplain management is a complicated and highly specialized field and annual training is
required and recommended in order for the localadministrator tohavetheknowledge tomaintain compli-
ancewiththeir local flood damage prevention ordinance;
FL'rRT'HERMORE, annual training is an absolute necessity if community officials are going to reduce prop-
ertylossfrom floods and loss of life and protect the natural & beneficial uses ofthe floodplain;
NOW THEREFORE, BE IT RESOLVED, the Oklahoma Floodplain Managers Association supports
annual mandatory training for local floodplain administrators, and encourages and promotes the Certified
Floodplain Manager grogram.
The Oklahoma Floodplain Managers Association pledges its cooperation and support of fostering local
responsibility of local floodplain management programs and encourages going above and beyond the
minimum standards.
Approved by the Board of Directors of the Oklahoma Floodplain Managers Association this 1 st day of
November, 2001.
ot~,~~~ ~.~yC
RosoluNat No. ,~
`R' ~"' ~ Wafter Stout, CFM, Chairman
~-~1i - Oklahoma Floodplain Managers Association
jt, ~~ ~
~0 ~p~
Page 4 The B.F.E. Aprii/May 2003
Web Sites
OFMA www.okflood.org
ASFPM www.floods.org
OWRB www.owrb.state.ok.us
FEMA www.fema.gov
OEMA www.angelfire.comlok2/oema
ODCEM www.onenat.net/-odcem
Corps of Engineers (USAGE)
www.swt.usace.army.mil
U.S. Geological Survey (USGS)
ok.water.usgs.gov
Advanced Study Institute
web.uccs.edu/geogenvs/natoasi
CLOMRlLOMR Forms:
www.fema. gov/forms/forms.htm
EPA NPDES Phase II site:
www.epa.gov/npdes/
SMRC Stormwater Mgr Resource Cen-
t@r: www.stormwatercenter.net
Webmaster: Hank Elling, P.E., CFM (sso) 2as-
risz hcelling@owrb.state.ok.us
Calendar of Educational
Opportunities
• AFMA Satins Conference; May 1-2, 2003; Radison Poco
Diablo Resort, 1752 S. Highway 179, Sedona, Arizona; For
more information, check out www.azfma.org.
• TwentvSeventh Anneal Conference of the Association
of State Floodplain Managers: May 3-8, 2003, St. Louis,
MO. Contact: ASFPMExecutive O~ce, 2809 Fish Hatch-
ery Road, Ste. 204, Madison, WI 53713-3120; (608) 274-
0123; fax: (608)274-0696; a-mail: asfpmt~a floods.org;
website: www,floods.org
• Floodplain Managers 101 Training; Midwest City, OK
May 6, 2003; Muskogee, OK, May 7', 2003; Bartlesville,
OK, May 8, 2003; Woodward, OK, May 20, 2003; Lawton,
OK, May 22, 2003; McAlester, OK, May 28, 2003; for
more infortnatidn, call405-530-8$00.
• NFIP 2003 National Flood Conference: May 27-30, 2003
in San Francisco; contact Catherine King at (301)918-1439.
• OFMA Annual Fall Conference. Sep 14-17, 2003: Loca-
tion to be announced. Contact: OFMA, P.O. Box 8101,
Tulsa, OK 74101-8101; website: www.okJloadorg
• OWRB Floodplain 101 Workshop. Location to be an-
nounced, Sept 14-17, 2003, for more information, ca11405-
530-8800.
• OWRB Managing Floodplain Development Through
the NFIP; January 12-16, 20(}4, Contact: OWRB, 3800
North Classen Blvd., Oklahoma City, OK 73118; for more
information, ca11405-530-8800; website: www.owrb.state.
ok.us.
Notes From the Executive Director
Hello members. How are you? I hope all is well with you and family. I just returned from a FEMA, Region
VI program coordination meeting in Denton, Texas. Last week's meeting was bell by FEMA to coordinate
NFIP Program activities with the five Regioa VI states, Arkansas, Louisiana, New Mexico, Oklahoma and
Texas. Each of the state floodplain managers, some staff and association representatives from each state at-
tended the two-day meeting. The work each state program is accomplishing is very impressive and innova-
tive. The most innovative is Arkansas; they just passed legislation requiring mandatory annual training for
the local floodplain manager. Jason Donham, my counterpart with the Arkansas Soil & Water Commission,
has been invited to share with us at our annual conference his experiences in achieving this landmark legis-
lation.
One important topic of this two-day meeting was NFIP Compliance and CAVs. FEMA Headquarters is ask-
ing for more accountability by NFIP communities and FEMA Region VI plans to take a very serious took at
conducting more CAVs this next fiscal year. In years past CAV follow up work has not been addressed closely. This next year fol-
low up work will be a priority and appropriate follow up will occur. Probation and suspension are two very real penalties FEMA can
impose on a community if noncompliance is identified and not addressed in a timely manner. So, if you are the designated flood-
, plain manager at the local level, please begin now ead ensure you administer and enforce your flood damage prevention ordinance
effectively. If you need assistance with your program please contact tbe OWRB main office in Oklahoma City or one of the Board's
Branch offices in Lawton, McAlester, Tulsa or Woodward Telephone numbers are available on the OWRB web site at www.owrb.
~ state.ok.us Please remember ~ is Year propraat acid training aced education are Gcsentiallor ei)`eetive nroerane oaerateon. Plan
now to aGtatd the OFMAAnnual CoafereiecG For details wauch tke OFMA web site at www okjlood org.
KERR COUNTY
FLOOD DAMAGE PREVENTION ORDER
ORDER N0.26463
ARTICLE 1
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS
SECTION A. STATUTORY AUTIiORIZATiON
The Legislature of the State of Texas has in Texas Water Code, Section 16.315 delegated the responsibility
of local governmental units to adopt regulations designed to m'snimi~e flood losses. Therefore, the
Commissioner's Court of Kerr County, Texas, does ordain as follows: '
SECTION B. FINDINGS OF FACT
(I} The flood hazard areas of Kerr County are subject to periodic inundation which results in loss of
Life and property, health and safety hazards, disruption of commerce and governmental semces, and
extraordinary public expenditures far flood protection and relief, alI of which adversely affect the public
health, safety and general welfare.
(2} These flood losses are created by the cumulative effect of obstructions in floodplains which cause
an increase in flood heights and velocities, and by the occupancy of flood hazards areas by uses vulnerable
to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise
protected from flood damage.
SECTION C. STATEMENT OF PURPOSE
It is the purpose of this order to promote the public health, safety and general welfare and to minimise
public and private losses due to flood conditions in specific areas by provisions designed to:
(1} Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken
at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone
and sewer lines, streets and bridges located. in floodplains;
-l- Adopted June 26, 2000
(6) Help maintain a stable tax base by providing for the sound use and development of flood-prone
areas in such a manner as to minimize future flood blight areas; and
(7} Insure that potential buyers are notified that property is in a flood area.
SECTION D. METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this order uses the following methods:
(1} Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or
cause excessive increases in flood heights or velocities;
(2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected
against flood damage at the time of initial construction;
(3) Control the alteration of natural floodplains, stream channels, and natural protective bamers,
which are involved in the accommodation of flood waters;
(4) Control filling, grading, dredging and other development which may increase flood damage;
(5) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or
which may increase flood hazards to other lands.
SECTION E. VIOLATIONS AND PENALTIES
Any person, firm, corporation or agent who shall violate a provision of this regulation, or fail to comply
therewith, or with any requirements thereof, or who shall erect, construct, or alter, any structure, or shall
place any fill material, in violation of the detailed statement or drawing submitted and approved hereunder,
shall be guilty of contempt of the Commissioners' Court of Kerr County, Texas. Each such person shall be
deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation
of any of the provisions of this regulation is committed, or continued, The Floodplain Administrator is
authorized to file with the County Clerk a Motion suggesting contempt for failure to comply with these
regulations. After f ling, said Motion shall be presented to the County 3udge who shall set a day and time
for the Respondent to appear and show cause why he/she should not be held in contempt, which shall not be
less than ten (10) nor more than twenty (20) days from the date of filing of said Motion, whereupon the
Clerk shall issue a citation and notice of setting for service upon said Respondent. At said hearing
Respondent shall be accorded the right to counsel, and the right to testify and offer evidence in his behalf.
If after such hearing before the Commissioner's Court he/she should be held in violation of the regulations,
then he/she may be punished by a fine not to exceed $25.00 for each offense or by imprisonment not to
exceedtwenty-four (24) hours for each offense.
SECTION F. RIGHT OF ENTRY
The Floodplain Administrator, or his duty authorized representative, may enter any building, structure, or
premises to perform any duties imposed upon him by this regulation.
'- Adopted June 26. ?000
SECTION G. STOP WORK ORDER
Upon notice from the Floodplain Administrator that work on any building, structure, dike, bridge, or any
improvement which would affect water drainage, is being done contrary to the provisions of this regulation,
or in a dangerous ar unsafe manner, such work shall be immediately stopped. Such notice shall be in
writing and shall be given to the owner of the property or to his agent, or the person doing the work, and
shall state the conditions under which work may be resumed. Where an emergency exists, no written notice
shall be required to be given by the Floodpiain Administrator, provided written notice shall fellow within
twenty-four (24} hours from the time oral notice to stop work is issued,
SECTION H. REVOCATION OF PERMIT
The Floodplain Administrator may revoke a permit or approval issued under the provisions of this
regulation in cases where there has been any false statement or misrepresentation as to a material fact in the
application of plans upon which the permit or approval was based.
SECTION I. SEVERABILTFY
It is hereby declared to be the intention of the Commissioner's Court of Kerr County, Texas, that the
phrases, clauses, sentences, Paragraphs, and sections of this Order are severable, and if any phrase, clause,
sentence, paragraph, or section of this Order should be declared unconstitutional by the valid judgement or
decree of any court of competent jurisdiction, such unconstitutionality shall not affect aay of the remaining
phrases, clauses, sentences, paragraphs, or sections of this Order, since the same would have been enacted
by the Commissioners Court without incorporation in this Order of such unconstitutional phrase, clause,
sentence, paragraph or section.
ARTICLE 2
DEFINITIONS
Unless specifically defined below, words or phrases used in this order shall be interpreted to give them the
meaning they have in common usage and to give this order its most reasonable application.
ALLUVIAL FAN FLOODING -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.
APEX - 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 floodine can occur.
AREA OF SHALLOW FLOODING - means a designated AO, AH, or VO zone on a community's
Flood Insurance Rate Map (FIRM) with a one percent 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
-~- Adopted June 26, 2000
unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet
flow.
AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a community subject to a
one percent 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 detaited rate making has been completed in preparation for
publication of the FIRM, Zone A usually is refined into Zones"A, AE, AH, AO, AI-99, VO, VI-30, VE or
V.
BASE FLOOD -means the flood having a one percent chance of being equaled or exceeded in any given
year.
BASEMEI~'T -means any area of the building having its floor subgrade (below ground level) on all sides.
CRITICAL FEATURE -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.
DEVELOPMENT -means any man-made change in improved and unimproved real estate, including but
not limited to buildings or other structures, mining, dredging, filling, grading, paving, ~excavatioa or drilling
operations or storage of equipment or materials.
ELEVATED BUILDING - means a non basement building (i) built, in the case of a building in Zones
Al•30, AE, A, A99, AO, AH, B, C, X, aad D, to have the top of the elevated floor, or in the case of a
building intones V I -3 0, VE, or V, to have the bottom of the lowest horizontal structure member of the
elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear
walls parallel to the floor of the water and (it'} adequately anchored so as not to impair the structural
integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones Al-
30, AE, A, A99, AO, AH, B, C, X, and D, "elevated building" also includes a building elevated by means
of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of
flood waters. In the case of Zones V1-30, VE, or V, "elevated building" also includes a building otherwise
meeting the deftnition of "elevated building," even though the lower area is enclosed by means of
breakaway walls if the breakaway walls meet the standards of Section 60.3(e}(5) of the National Flood
insurance Program regulations.
EXISTING CONSTRUCTION -means for the purposes of determining rates, structures for which the
"start of construction" commenced before the effective date of the FIRM or before 3anuary 1, 1975, for
FIRMS effective before that date. "Existing construction" may also be referred to as "existing structures."
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - 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 fatal site grading or the pouring of concrete pads} is completed before the effective date of the
floodplain management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK ORSUBDIVISION -means
the prcparation 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}.
-~- Adopted June 26. ?000
FLOOD OR FLOODING - means a general and temporary condition of partial or complete inundation of
normally dry land areas from: .
(1}the overflow of inland or tidal waters.
(2) the unusual and rapid accumulation or runoff of surface waters from any source,
FLOOD ITiSURANCE RATE MAP (FIRM} -means an off cial map of a community on which the
Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
FLOOD Il~iSURANCE STUDY - is the official report provided by the Federal Emergency Management
Agency. The report contains flood profiles and water surface elevation of the base flood, as well as the
Flood Boundary-Floodway Map.
FLOODPL,~IN OR FLOOD PR©NE AREA -means any land area susceptible to being inundated by
water from any source (see defmition of flooding).
FLOODPLAIN MANAGEMENT -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 contral works and floodplain management regulations.
FLOODPLAIN MANAGEMENT REGULATIONS -means zoning orders, subdivision regulations,
building codes, health regulations, special purpose orders (such as a floodplasn order, grading order and
erosion control order} and outer applications of police power. The term descn`bes such state or local
regulations, in any combination thereof, which provide standards for the purpose of flood damage
prevention and reduction.
FLOOD PROTECTION SYSTEM -means those physical structural works for which funds have been
authorised, appropriated, and expended and which have been constructed specifically to modify flooding in
order to reduce the extent of the areas 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.
FLOOD PROOFING -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.
FI,OODWAY (REGULATORY FLOODWAY) -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.
FUNCTIONALLY DEPENDENT U5E - means a use, which cannot perform its intended purpose unless
it is located or carried out in close proximity to water. The term 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.
-5- Adopted June 26. ?000
HIGHEST AD.TACEI~iT GRADE -means the highest natural elevation of the mound surface prior to
construction next to the proposed wails of a structure.
HISTORIC STRUCTURE -means any structure that is:
(1 }Listed individually in the National Register of Historic Places (a listing maintained by the
Department of Interior} or preliminarily determined by the Secretary of the Interior as meeting the
requirements for individual listing on the National Register;
(2) 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
to qualify as a registered historic district;
(3}Individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of Interior; or
(4}Individually listed on a local inventory or historic places in communities with historic preservation
programs that have been certified either:
(a) By an approved state program as determined by the Secretary of the Interior or;
(b) Directly by the Secretary of the Interior in states without approved programs.
LEVEE - means a man made structure, usually an earthen embanlanent, 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.
LEVEE SYSTEM - 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.
LOWEST FLOOR -means the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, usable solely for parking or 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.
MANUFACTURED HOME - means a structure transportable in oae 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".
MANUFACTURED HOME PARK OR SUBDIVISION - means a parcel (or contiguous parcels) of
land divided into two or more manufactured home lots for rent or sale.
MEAN' SEA LEVEL -means, for purposes of the National Flood Insurance Program, the National
Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a
community's Flood Insurance Rate Map are referenced.
-6- Adopted June 26.2000
NEW CONSTRUCTION -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. (May 1, 1979) or
after December 3I, 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.
NEW MANUFACTURED DOME PARK OR SUBDIVISION - means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the manufactured homes
aze to be affUCed (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.
RECREATIONAL VEHICLE - 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 beself-propelled or
peratanegtly~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.
START OF CONSTRUCTION - (for other than new construction or substantial improvements under
the Coastal Barrier Resources Act (Pub. I.. 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 18a days of the permit date. The
actual start means either the fast placement of permanent construction of a structure on a site, such as the
pouring of stab 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. )~ermaneat constrttction
does not include land preparation, such as clearing, grading and filling; nor does it include the installarion
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.
STRUCTURE - means a walled and roofed building, including a gas or liquid storage tank, that is
principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE • 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.
SUBSTANTIAL ]IMPROVEMENT -means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds SO percent of the market value of the
structure before "start of construction" of the improvement. This includes structures which have incurred
"substantial damage", regardless of the actual repair work performed. The term does not, however, include
either: (1) 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 conditions or (2) Any alteration of a "historic structure", provided that
the alteration will not preclude the structure's continued designation as a "historic structure."
-7- Adopted June 26.2000
VARIANCE - is a grant of relief to a person from the requirement of this order when specific enforcement
would result in unnecessary hardship. A variance, therefore, permits construction or development in a
manner otherwise prohibited by this order. (For full requirements see Section 60.6 of the National Flood
Insurance Program regulations.}
VIOLATION -means the failure of a structure or other development to be fully compliant with the
communit}rs floodplain management regulations. A structure dr other development without the elevation
certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5}, (c}(4},
(c}(10), (d)(3), (ex2}, (e}(4), or (e)(5} is presumed to be in violation until such time as that documentation
is provided.
WATER SURFACE ELEVATION -means the height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929 (or other datum, where specified}, of floods of various magnitudes and
frequencies in the floodplains of coastal or riverine areas.
ARTICLE 3
GENERAL FROVISIONS
SECTION A. LANDS TO WHICH THIS ORDER APPLIES
The order shall apply to all areas of special $ood hazard within the jurisdiction of Kerr County, Texas.
SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOR HAZARD
The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific
and engineering report entitled, "The Flood Insurance Study for Kerr County, Texas," dated July 19, 2000,
with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps (FIRM and FBFM)
and any revisions thereto are hereby adopted by reference and declared to be a part of this order.
SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be required to ensure conformance with the provisions of this order.
SECTION D. COMPLIANCE
No structure or land shall hereafter be located,~altered, or have its use changed without full compliance
with the terms of this order and other applicable regulations.
-8- Adopted June 26.2000
SECTION E. ABROGATION AND GREATER RESTRICTIONS
This order is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed
restrictions. However, where this order and another order, easement, covenant, or deed restriction conflict
or overlap, whichever imposes the more stringent restrictions shall prevail.
SECTION F. INTERPRETATION
. In the interpretation and application of this order, all provisions shall be; (1} considered as minimum
requirements; (2) liberally construed in favor of the governing body; and (3) deemed-neither to limit nor
repeal any other powers granted under State statutes.
SECTION G. WARNING AND DISCLAIlVIER OR LIABILITY
1
The degree of flood protection required by this order is considered reasonable for regulatory purposes and
is based on scientific and engineering considerations. On rare occasions greater floods can and will occur
and flood heights tray be increased by man-made or n$tural causes. This order 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 order shall not create liability on the part of the community or any ofl'tcial or
employee thereof for any flood damages that result from reliance on this order or any administrative
decision lawfully made thereunder.
ARTICLE 4
ADMlh'ISTRATION
SECTION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR
The Ken County Judge or his/her assign is hereby appointed the Floodplain Administrator to administer
and implement the provisions of this order and other appropriate sections of 44 CFR (National Flood
Insurance Program Regulations) pertaining to floodplain management.
SECTION B. DUTIES & RESPONSIBILITIES OF THE FLOODFLAIN ADIVIINISTRATOR
Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the
following:
(I) Maintain and hold open for public inspection all records pertaining to the provisions of this order.
(2} Review permit application to determine whether proposed building site, including the placement
of manufactured homes, will be reasonably safe from flooding.
-9- Adopted !we 26.3000
(3) Review, approve or deny ali applications for development permits required by adoption of this
order.
(4} Review permits for proposed development to assure that all necessary permits have been obtained
from those Federal, State or local govetnntental agencies (including Section 404 of the Federal Water
Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required.
(5) Where interpretation is needed as to the exact location of the boundaries of the areas of special
flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual
field conditions) the Floodplain Administrator shall make the necessary interpretation.
(6) Notify, in riverine situations, adjacent communities and the State Coordinating Agency, which is
the Texas Natural Resource Conservation Commission (TNRCC), prior to any alteration or relocation of a
watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.
(7} Assure that the flood carrying capacity within the altered or relocated portion of any watercourse
is raaintaine~.
(8} When base flood elevation data has not been~provided in accordance with Article 3, Section B,
the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and
floodway data available from a Federal, State or other source, in order to administer the provisions of
Article 5.
(9} When a regulatory floodway has not been designated, the Floodplain Administrator must require
that ao new construction, substantial improvements, or other development (including fill) shall be permitted
within Zones Al-30 and AE on the communit3~s FIRM, unless it is demonstrated that the cumulative effect
of the proposed development, when combined with all other existing and anticipated development, will not
increase the water surface elevation of the base flood more than one foot at any point within the
community.
(10) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance
Program regulations, a community may appmve certain development in Zones Al-30, AE, AH, on the
cornmunit~s F1RM which increases the water surface elevation of the base flood by more than one foot,
provided that the community first applies for a conditional FIRM revision through FEMA (Conditional
Letter of MAP Revision).
SECTION C. PERMIT PROCEDURES
(1) Application for a Development Permit shall be presented to the Floodplain Administrator on forms
furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the
location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures,
including the placement of manufactured homes, and the location of the foregoing in relation to areas of
special flood hazard. Additionally, the following information is required:
(a) Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new
and substantially improved structures;
-lo- Adop[ed Junz 26.2000
(b) Elevation in relation to mean sea level to which any nonresidential structure shall be
floodproofed;
(c) A certif cite from a registered professional engineer or architect that the nonresidential
floodproofed stricture shall meet the floodproofing criteria of Article S, Section B(2);
{d) Description of the extent to which any watercourse or natural drainage will be altered or
relocated as a result of proposed development.
(e) Maintain a record of all such information in accordance with Article 4, Section (B}(1).
(2) Approval or denial of a Development Permit by the Floodplain Administrator shall be based on all
of the provisions of this order and the following relevant factors:
(a} The danger to Life and property due to flooding or erosion damage;
~b) The suscepttbility of the proposed facility and its contents to flood damage and the etFect of
such damage on the individual owner; .
(c} The danger that materials maybe swept onto other lands to the injury of others;
(d) The compatibility of the proposed use with exssting and anticipated development;
(e) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(f) The costs of providing governmental services during and after flood conditions including
maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas,
electrical and water systems;
(g) The expected heights, velocity, duration, rate of rise and sediment transport of the flood
waters and the effects of wave action, if applicable, expected at the site;
(h} The necessity to the facility of a waterfront location, where applicable;
(i} The availability of alternative locations, not subject to flooding or erosion damage, for the
proposed use;
(j) The relationship of the proposed use to the comprehensive plan for that area.
SECTION D. VARIANCE PRQC_EDURES
(1) The Kerr County Commissioner's Court shall hear and render judgement on requests for
variances from the requirements of this order.
(2) The Kerr County Commissioner's Court shall hear and render judgement on an appeal only when
it is alleged there is an error in any requirement, decision, or determination made by the Floodplain
Administrator in the enforcement or administration of this order.
Adopted June 26.2000
(3} Any person or persons aggrieved by the decision of the Kerr County Commissioner's Court may
appeal such decision in the courts of competent jurisdiction.
(4) The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall
report variances to the Federal Emergency Management Agency upon request.
(5} Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on
the National Register of Historic Places or the State Inventory of Historic Places, without regard to the
procedures set forth in the remainder of this order.
(6) Variances may be issued for new construction and substantial improvements to be erected on a lot
of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed
below the base flood level, providing the relevant factors in Section C(2) of this Article have been fully
considered. As the lot size increases beyond the one-half acre, the technical justification required for
issuing the variance increases.
(7) Ugon consideration of the factors noted above and the intent of this order, the Commissioner's
Court may attach such conditions to the granting of variances as it deems necessary to further the purpose
and ob}ectives of this order (Article 1, Section C}.
(8) Variances shall not be issued within any designated floodway if any increase in flood levels
during the base flood discharge would result.
(9) Variances maybe issued for the repair or rehabilitatioa of historic strictures upon a
determination that the proposed repair or rehabilitation will not preclude the structure's continued
desigaation as a historic structure and the variance is the minimum necessary to preserve the historic
character and design of the structure.
(10) Prerequisites for granting variances:
(a} Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
(b} Variances shall only be issued upon, (i} showing a good and sufficient cause; (ii) a
determination that failure to grant the variance would result in exceptional hardship to the applicant, and
(iii) a determination that the granting of a variance will not result in increased flood heights, additional
threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of
the public, or conflict with existing local laws or orders.
(c) Any applicant to whom a variance is granted shall be given written notice that the structure
will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost
of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor
elevation.
(11) Variances may be issued by a community for new construction and substantial improvements
and for other development necessary for the conduct of a functionally dependent use provided that (i) the
criteria outlined in Article 4, Section D(1}-(9}are met, and (ii) the structure or other development is
protected by methods that minimize flood damage during the base flood and create no additional threats to
public safety. _
-12- Adopted June 26.2000
ARTICLE 5
PROVISI4h'S FOR FLOOD HAZARD REDUCTION
SECTION A. GENERAL STANDARDS
In alI areas of special flood hazards the following provisions are required for all new construction and
substantial improvements.
(1) All new construction or substantial improvements shall be designed (or modified) and adequately
anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic
and hydrostatic loads, including the effects of buoyancy;
(2) All new construction or substantial improvements shall be constructed by methods and practices
that minimize flood damage;
(3) All new construction or substantial improvements shall be constructed with materials resistant to
flood damage;
(4) All new construction or substantial improvements shall be constructed with electrical, heating,
ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or
located so as to prevent water from entering or accumulating within the components during conditions of
flooding.
(5) All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of flood waters into the system;
(6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of flood waters into the system and discharge from the systems into flood waters; and,
(7) C-n site waste disposal systems shall be located to avoid impairment to them or contamination
from them during flooding.
SECTION B. SPECIFIC STANDARDS
In ail areas of special flood hazards where base flood elevation data has been provided as set forth in (i)
Article 3, Section B, (ii) Article 4, Section B(8}, or (iii) Article 5, Section C(3}, the following provisions
are required:
(1) Residential Construction -new construction and substantial improvement of any residential
structure shall have the lowest floor (including basement}, elevated to or above the base flood elevation. A
registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain
Administrator that the standard of this subsection as proposed in Article 4, Section C(1)a., is satisfied.
(2) Nonresidential ConstructioQ -new construction and substantial improvements of any
commercial, industrial or other nonresidential structure shall either have the lowest floor (including
-13- Adopted lunz 26. 2x00

basement} elevated to or above the base flood level or together with attendant utility and sanitary facilities,
be designed so that below the base flood level the structure is watertight with walls substantially
impermeable to the passage of water and with structural components having the capability of resisting
hydrostatic and hydrodynamic Loads and effects of buoyancy. A registered professional engineer or
architect shall develop and/or review structural design, specifications, and plans for the construction, and
shat certify that the design and methods of construction are in accordance with accepted standards of
practice as outlined in this subsection. A record of such certification which includes the specific elevation
(in relation to mean sea level} to which such structures are floodproofed shall be maintained by the
Floodplain Administrator.
(3} Eneiasures -new construction and substantial improvements, with fully enclosed areas below the
lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a
basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood
forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this
requirement must either be certified by a registered professional engineer or architect or meet or exceed the
following minimum criteria: .
(a) A muumum of two openings having a total net area of not less than one square inch for
every square foot of enclosed area subject to flooding shall be provided.
(b) The bottom of all openings shall be no higher than one foot above grade.
(c} Openings may be equipped with screens, louvers, valves, or other coverings or devices
provided that they permit the automatic entry and exit of floodwaters,
(4} Manafachtred Homes -
(a} Require that all manufactured homes to be placed within Zone A on a community's FHBM
or FIRM shall be installed using methods and practices which minimi~.e flood damage. For the purposes of
this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral
movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to
ground anchors. This requirement is in addition to applicable State and local anchoring requirements for
resisting wind forces.
(b) Require that manufactured homes that are placed or substantially improved within Zones
At-30, AH, and AE on the community's FIRM on sites (i) outside of a manufactured home park or
subdivision, (ii} in a new manufactured home park or subdivision, (iii} in an expansion to an existing
manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on
which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a
permanent foundation such that the Lowest floor of the manufactured home is elevated to or above the base
flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation,
collapse, and Lateral movement. ~ _
(c) Require that manufactured homes be placed or substantially improved on sites in an
existing manufactured home park or subdivision with Zones Al -34, AH and AE on the communitys FIRM
that aze not subject to the provisions of paragraph (4) of this section be elevated so that either:
(i} the lowest floor of the manufactured home is at or above the base flood elevation, or
-14- Adopted June 26, 2000
(ii) the manufactured home chassis is supported by reinforced piers or other foundation
elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely
anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
(5) Recreational Vehicles -Require that recreational vehicles placed on sites within Zones Al-30,
AH, and Al: on the community's FIRM either (i) be on the site for fewer than 180 consecutive days, (ii) be
fully licensed and ready for highway use, or (iii) meet the permit requirements of Article 4, Section C(1),
and the elevation and anchoring requirements for "manufactured homes" in paragraph (4} of this section. A
recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site
only by quick disconnect type utilities and security devices, and has no permanently attached additions.
SECTION C. STANDARDS FOR SUBDIVISION PROPOSALS
(1}Ail subdivision proposals including the placement of manufactured home parks and subdivisions
shall be consistent with Article 1, Sections B, C, and D of this order. .
(2} All proposals for the development of subdivisions including the placement of manufactured home
parks and subdivisions shall meet Development Permit.requirements of Article 3, Section C; Article 4,
Section C; and the provisions of Article 5 of this order.
(3) Base flood elevation data shall be generated by the developer far proposed subdivision(s) and
other proposed development, including the placement of manufactured home parks and subdivisions greater
than 50 lots or S acres, whichever is lesser, if not otherwise provided pursuant to Article 3, Section B or
Article 4, Section B (8} of this order.
(4}All subdivision plats shall have the flood hazard area clearly delineated on the plat and where
appropriate, shall have minimum floor elevations for all tots located within flood hazards areas.
(S) All subdivision proposals including the placement of manufactured home pazks and subdivisions
shall have adequate drainage provided to reduce exposure to flood hazards.
(6) AlI subdivision proposals including the placement of manufactured home parks and subdivisions
shall have public utilities and facilities such as sewer, gas, electrical and water systems located and
constructed to minimize or eliminate flood damage.
SECTION D. STANDARDS FOR AREAS OF SHALLOW FLOODENG (AO/AH ZONESI
Located within the areas of special flood hazard established in Article 3, Section S, are areas designated as
shallow flooding. These areas have special flood hazards associated with base flood depths of 1 to 3 feet
where a clearly defined channel does not exist and where the path of flooding is unpredictable and where
velocity flow maybe evident. Such flooding is characterized by ponding or sheet flow; therefore, the
following provisions apply:
(1}All new construction and substantial improvements of residential structures shall have the lowest
flooc (including basement} elevated above the highest adjacent grade at least as high as the depth number
specified in feet on the communit}~s FIRM (at least two feet if no depth number is specified).
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(2) All new construction and substantial improvements of non-residential structures;
(a} shall have the lowest floor (including basement) elevated above the highest adjacent grade
at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth
number is specified}, or;
(b) together with attendant utility and sanitary facilities shall be designed so that below the
base flood Ievel the structure is watertight with walls substantially impermeable to the passage of water and
with structural components having the capability of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy.
(3) A registered professional engineer or architect shall submit a certification to the Floodplain
Administrator that the standards of this Section, as proposed in Article 4, Section C (1)a., are satisfied.
(4} Require within Zones AH or AO adequate drainage paths around structures on slopes to guide
flood waters`around and away from proposed structures.
SECTFON E. FLOODWAYS
Floodways - located within areas of special flood hazard established in Article 3, Section B, are areas
designated as floodways. Since the flvodway is an extremely hazardous area due to the velocity of flood
waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply:
(1) Encroachments are prolubited, including fill, new construction, substantial improvements and
other development within the adopted regulatory floodway unless it has been demonstrated through
hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the
proposed encroachment would not result in any increase in flood levels within the community during the
occurrence of the base flood discharge.
(2) If Article 5, Section E (1}above is satisfied, all new construction and substantial improvements
shall comply,with all applicable flood hazard reduction provisions of Article 5.
(3) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance
Regulations, a community may permit encroachments within the adopted regulatory floodway that would
result in an increase in base flood elevations, provided that the community first applies for a conditional
FIRM and floodway revision through FEMA.
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