Development Permit Required.
Prior to any development or change of use occurring within a SFHA (including: subdivision or land division; alteration or relocation of a watercourse including placement of structures, culverts, embankments, utilities or grading activity of any kind; the placement of fill; excavation; or storage of materials, vehicles or equipment), a development permit allowing floodplain development shall be obtained. In addition, all necessary permits shall be received from governmental agencies from which approval is required by Federal or State law, including but not limited to 33 U.S.C. Section 1344 (Section 404 of the Federal Water Pollution Control Act of 1972).
Permit Procedures.
Development within a SFHA does not require a separate floodplain permit, but rather, as part of the application for any development permit, the applicant will be asked to state if the project is located within a SFHA, which statement will be verified by the Administrator as part of application completeness review.
Application Requirements.
If the project is located in whole or in part within a SFHA, the applicant shall provide all relevant information required by the Administrator, which shall include at minimum the following:
1. elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures;
2. elevation (in relation to mean sea level) to which any nonresidential structure shall be floodproofed;
3. a certificate from a registered New Mexico professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of
§ 7.18112 Nonresidential Construction; and
4. description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development.
Application Review.
Approval or denial of the development permit shall be based on the applicant’s ability to demonstrate compliance with the standards of this Section and consideration of the following factors:
1. the danger to life and property due to flooding or erosion damage;
2. the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
3. the danger that materials may be swept onto other lands to the injury of others;
4. the compatibility of the proposed use with existing and anticipated development;
5. the safety of access to the property in times of flood for ordinary and emergency vehicles;
6. the costs of providing governmental services during and after flood conditions including maintenance and repair of roads and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems;
7. the expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;
8. the necessity to the facility of a waterfront location, where applicable;
9. the availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and
10. the relationship of the proposed use to the SGMP.
