2005 Idaho Code - 46-1023 — ENFORCEMENT AND SANCTIONS

                                  TITLE  46
                         MILITIA AND MILITARY AFFAIRS
                                  CHAPTER 10
                       STATE DISASTER PREPAREDNESS ACT
    46-1023.  ENFORCEMENT AND SANCTIONS. (1) Development constructed or
maintained in violation of any local floodplain management ordinance that
conforms to the provisions of this chapter is hereby declared to be a public
nuisance and the creation thereof may be enjoined and the maintenance thereof
may be abated by action of the state, any local unit of government of the
state or any citizen thereof.
    (2)  If, after the effective date of this chapter, a local government
allows any development in a floodplain below the flood protection elevation
without adequate floodproofing, that development shall not, in the event of a
disaster emergency involving flooding in that floodplain, be eligible to
receive any matching funds from the state for any federal disaster assistance
program which may be available as a result of said flooding in that
floodplain. The owner of the development will be required to rely on flood
insurance to insure their property against the risk of loss incurred by their
development in the floodplain in contravention of the intent of this chapter.