2005 Vermont Code - § 4412. — Required provisions and prohibited effects

§ 4412. Regulation of flood hazard areas

(a) Purpose. The purpose of this section is to:

(1) minimize and prevent the loss of life and property, the disruption of commerce, the impairment of the tax base and the extraordinary public expenditures and demands on public service that result from flooding; and

(2) ensure that the design and construction of development in flood hazard areas is accomplished in a manner that minimizes or eliminates the potential for flood damage; and

(3) encourage municipalities to manage all flood hazard areas designated pursuant to 10 V.S.A. § 753; and

(4) maintain wise use of agricultural land in flood-prone areas; and

(5) make the state and municipalities eligible for federal flood insurance.

(b) Definitions. As used in this section:

(1) "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year.

(2) "Flood hazard area" means the land subject to flooding from the base flood.

(3) "Floodway" means the channel of a river or other watercourse and the adjacent land area that must be reserved in order to discharge the base flood without accumulatively increasing the water surface elevation more than one foot.

(4) "Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to properties and structures which substantially reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

(5) "New construction" means construction of structures or filling commenced on or after the effective date of the adoption of a community's flood hazard bylaws.

(6) "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. However, the term does not include either:

(A) any project or improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or

(B) any alteration of a structure listed on the national register of historic places or a state inventory of historic places.

(c) Authority to adopt bylaws. Whether or not it has a municipal plan or other bylaws, a municipality may adopt flood hazard area regulations. Flood hazard area regulations may be adopted as part of a zoning bylaw or through a separate bylaw which is either in a municipality without a zoning bylaw or which is an overlay to a zoning bylaw map. Within a municipality, flood hazard area provisions shall apply to all flood hazard areas designated under 10 V.S.A. § 753, and may apply to other flood hazard areas. No flood hazard area bylaw shall prohibit reasonable and customary agricultural practice on open lands.

(d) Contents of bylaws. Flood hazard area regulations may:

(1) contain standards and criteria for uses which prohibit the placement of damaging obstructions;

(2) require flood protection through elevation, floodproofing or other techniques;

(3) require adequate provisions for flood drainage;

(4) require provision of adequate water and sewage facilities; and

(5) establish other restrictions to promote the sound management and use of designated flood hazard areas.

(e) Effect on zoning bylaws. Flood hazard area regulations may alter the uses otherwise permitted, prohibited or conditional in a flood hazard area under a zoning bylaw as well as the applicability of other provisions of that zoning bylaw. Where a flood hazard area bylaw and a zoning bylaw both apply, compliance with the flood hazard area bylaw shall be prerequisite to the granting of a zoning permit. Where a flood hazard area bylaw but not a zoning bylaw applies, the flood hazard area bylaw shall be administered in the same manner as are zoning bylaws, and a flood hazard area permit shall be required for land development covered under the bylaw.

(f) Mandatory provisions. All flood area regulations shall provide that no permit for new construction, substantial improvement, filling or installation of a residential structure shall be granted for a flood hazard area until:

(1) a copy of the application is mailed or delivered by the zoning administrator or by the board of adjustment or development review board to the agency of natural resources; and

(2) either 30 days elapse following the mailing or the agency delivers comments on the application.

(g) Temporary bylaws. Instead of adopting interim flood hazard area bylaws under section 4410 of this title, a rural town may temporarily adopt flood hazard bylaws using bylaw adoption procedures for urban municipalities. Those adopted bylaws shall take effect immediately and shall remain in effect until the next regular or special town meeting. At that meeting a vote shall be taken by Australian ballot on whether the bylaws shall remain in effect, and the decision on that question shall take effect immediately.

(h) Variances. The board of adjustment or the development review board, after public hearing, may approve the repair, relocation, replacement or enlargement of a nonconforming structure within a regulated flood hazard area, subject to compliance with applicable federal laws and regulations, and provided that the following criteria are met:

(1) The board of adjustment or the development review board finds that the repair, relocation, or enlargement of the nonconforming structure is required for the continued economically feasible operation of a nonresidential enterprise.

(2) The board of adjustment or the development review board finds that the repair, relocation, or enlargement of the nonconforming structure will not increase flood levels in the regulatory floodway, threaten the health, safety, and welfare of the public or other property owners.

(3) The permit so granted states that the repaired, relocated, or enlarged nonconforming structure is located in a regulated flood hazard area, does not conform to the bylaws pertaining thereto, and will be maintained at the risk of the owner.

(4) A copy of such a permit granted by the board of adjustment or the development review board shall be affixed to the copy of the deed of the concerned property on file in the municipal clerk's office. (Added 1973, No. 263 (Adj. Sess.), § 3, eff. 30 days from April 16, 1974; amended 1977, No. 200 (Adj. Sess.), § 4, eff. April 5, 1978; 1983, No. 249 (Adj. Sess.), § 2; 1987, No. 76, § 18; 1993, No. 232 (Adj. Sess.), §§ 3, 4, eff. March 15, 1995.)