North Dakota Code 61-16.2-08 – Community standards – Permissible uses within flood fringe
1. Upon delineation of the floodplain or floodway under the national flood insurance program [42 U.S.C. § 4001 et seq.], the following uses must be permitted within the flood fringe to the extent the uses are not prohibited by any other ordinance, regulation, or statute:
Terms Used In North Dakota Code 61-16.2-08
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Statute: A law passed by a legislature.
a. Any use permitted in the regulatory floodway pursuant to section 61-16.2-06. b. Structures, including residential and nonresidential structures; provided:
(1) Residential structures are constructed so the lowest floor, including basements, is elevated to at least one foot [30.48 centimeters] above the base flood elevation unless granted a residential basement floodproof exception under the national flood insurance program.
(2) Nonresidential structures either are constructed as specified in subdivision a and elevated to at least one foot [30.48 centimeters] above the base flood elevation or are floodproofed adequately up to an elevation no lower than two feet [.61 meter] above the base flood elevation. The floodproofing must be in accordance with the standards either adopted by the community under the national flood insurance program [42 U.S.C. § 4001 et seq.] or under this chapter, whichever are more restrictive.
2. Any exception to this section must be approved by the regulatory authority as a variance, established in local floodplain development ordinances.
3. Any exception to the national flood insurance program [42 U.S.C. § 4001 et seq.] in implementing regulations granted by the appropriate federal agency to a community participating in the national flood insurance program is an approved exception under this section.