16.36.100 Permits – Required.
A. No land within the areas of special flood hazard shall hereafter be subdivided or short subdivided, improved, filled, graded or cleared; nor shall any structure or development, including manufactured homes, be constructed, reconstructed, improved, relocated, or erected on such lands unless the person(s) responsible for such improvements shall first obtain a flood hazard permit for such action in accord with the provisions of this chapter. When the development results in the displacement of floodwater, the flood hazard permit shall include a certification by a licensed civil engineer registered in the State of Washington that compensatory storage is provided and the hydraulic capability of the floodplain is preserved on-site to convey floodwaters through the property without affecting adjacent properties, in accordance with IMC 16.36.130 and 16.36.140.
B. Certificate of Occupancy. The Building Official shall not issue a certificate of occupancy for a new or substantially improved structure until:
1. An elevation certificate prepared by or under the direct supervision of a Washington State licensed professional land surveyor is submitted and approved by the City prior to a final inspection, or a floodproofing certificate prepared by a Washington State licensed engineer or architect is submitted and approved (nonresidential buildings only).
2. All mitigation identified by the habitat impact assessment pursuant to IMC 16.36.120(K) has been completed. The Director may accept a financial guarantee, in an amount determined by the Director, to ensure completion of such mitigation following issuance of certificate of occupancy.
C. Compliance with the requirements of this chapter is intended to meet the minimum requirements of the Federal Emergency Management Agency, which allows City participation in the National Flood Insurance Program and makes Federally subsidized flood insurance available to owners and occupants of structures located in the City. Meeting the minimum standards does not necessarily mean that a structure will receive the lowest insurance premium, as determined by insurance rating factors, that is potentially available for a new or improved structure constructed at a particular location. It is applicant’s responsibility to identify those higher building standards that could potentially improve a structure’s insurance rating and lower the resulting flood insurance premium.
D. Exemptions. Activities that do not meet the definition of “development” in Chapter 18.102 IMC do not require a floodplain development permit. The following are examples of activities not considered development:
1. Routine maintenance of landscaping that does not involve grading, excavation, or filling;
2. Removal of noxious weeds and replacement of nonnative vegetation with native vegetation provided no earth movement occurs;
3. Removal of hazard trees consistent with the requirements of Chapter 18.812 IMC;
4. Normal maintenance of structures, such as reroofing and replacing siding, provided such work does not qualify as a substantial improvement;
5. Normal maintenance of aboveground utilities and facilities, such as replacing downed power lines and utility poles;
6. Normal street and road maintenance, including filling potholes, repaving, and installing signs and traffic signals, but not including expansion of paved areas;
7. Normal maintenance of a levee or other flood control facility prescribed in the operations and maintenance plan for the levee or flood control facility are allowed in the regulatory floodplain without need for a floodplain development permit. Normal maintenance does not include repair from flood damage, expansion of the prism, expansion of the face or toe or addition for protection on the face or toe with rock armor;
8. Normal maintenance, operation or repair of publicly improved recreation areas as long as any such activity does not include expansion of uses and/or facilities into a previously unimproved portion of the regulatory floodplain and is consistent with the standards of Chapter 18.802 IMC, Environmental Protection, best available science or adaptive management plans as recognized by the City; and
9. Site investigative work and studies necessary for preparing land use applications. (Ord. 3023 § 31, 2023; Ord. 2915 § 1 (Exh. A), 2020; Ord. 2775 § 1 (Exh. A), 2016; Ord. 2420 § 1, 2005; Ord. 2030 § 6, 1994; Ord. 1827 § 5, 1989; Ord. 1465 § 6(A), 1981. Formerly 16.36.090).