16.36.020 Scope.
A. The provisions of this chapter shall apply to any lands and buildings thereon, whether existing or proposed, located within an area of special flood hazard. These regulations shall apply to the construction, reconstruction, relocation, addition, or substantial improvement of such buildings, in conjunction with a building permit authorized under Chapter 16.04 IMC, Construction Codes, which may include additional requirements for flood-resistant construction under the International Building Code, the International Residential Code, and other applicable requirements, and to land-altering and development activities involving placement or move of fill or other material that impede the movement and/or storage of floodwater. These provisions also apply to utilities, the storage of materials, and built facilities subject to damage from the flow and ponding of flood waters.
B. Exemptions. The following land-altering activities within areas of special flood hazard are not considered to alter the movement and/or storage of floodwater and therefore are exempt from the provisions of this chapter:
1. Clearing of nonnative vegetation and planting of City-approved native vegetation at streamside restoration projects.
2. Temporary placement of sand bags for flood protection purposes, provided they are placed within 5 feet of structures being protected and not along property boundaries or stream banks. “Temporary” shall mean that sand bags are in place no longer than 6 months within any year. Discarded sand bags must be completely removed from areas of special flood hazard.
3. Replacement of rip rap protection at bridge footings, piers and abutments, removal of accumulated sediment from bridges and sedimentation facilities, removal of accumulated sediment from detention ponds and drainage ditches, and other maintenance actions intended to restore the original design dimensions and condition of a constructed facility.
4. Installation and maintenance of underground utilities, and maintenance of streets and other utilities, provided there is no net loss of flood storage capacity.
5. Naturally fallen trees and flood- or storm-deposited sediment and debris in or across the floodplain or floodway areas shall not be considered obstructions or fill for the purposes of this chapter. (Ord. 2989 § 3 (Exh. A3), 2022; Ord. 2915 § 1 (Exh. A), 2020; Ord. 2775 § 1 (Exh. A), 2016; Ord. 2420 § 1, 2005; Ord. 2030 § 6, 1994; Ord. 1827 § 1, 1989; Ord. 1465 § 2, 1981).