Floodway OrdinanceFLOODWAY ORDINANCE
FOR HARNETT COUNTY
DECEMBER, 1977
a
FLOODWAY ORDINANCE
Section 1. Authority
The General Assembly of the State of North Carolina has enacted
as G.S. 143- 215.51 et seq. a Floodway Regulation Law which empowers
local governments to establish floodways and to regulate artificial
obstructions in floodways. Therefore, the Harnett County Board of
Commissioners does adopt the following floodway regulations.
Section 2. Purpose
The purpose of this ordinance is to specify a means for the regu-
lation of artificail obstructions in floodways. It is hereby declared
that the channel and a portion of the flood plain of certain streams is
designated as a floodway, within which artifical obstructions may not be
placed except in accordance with the provisions of this ordinance. The
purpose of designating these areas as a floodway is to help control and
minimize the extent of floods and damage, and thereby to prevent or mini-
mize loss of life, injuries, property damage, and other losses (both public
and private) in flood hazard areas and to promote the public health, safety,
and welfare of the citizens of Harnett County in flood hazard areas.
Section 3. Definitions
(a.) " Floodway" means that portion of the channel and flood plain
of a stream designated to provide passage for the 100 -year
flood, without increasing the elevation of that flood at any
point by more than one foot.
(b.) "Natural obstruction" includes any rock, tree, gravel, or
analogous natural matter that is an obstruction and has been
located within the floodway by a nonhuman cause.
(c.) "Artificial obstruction" means any obstruction which is not a
natural obstruction, including any which, while not a signifi-
cant obstruction in itself, is capable of accumulating debris
and thereby reducing the flood- carrying capacity of the stream.
(d.) "Stream" means a water course that collects surface runoff from
an area of one square mile or greater.
Section 4. Floodway Uses
The following uses may be made of floodways as a matter of right
without a permit:_
(a.) General farming, pasture, outdoor plant nurseries, horticul-
ture, forestry, wildlife sanctuary, game farm, and other
similar agricultural, wildlife and related uses.
(b.) Loading areas, parking areas, rotary aircraft ports, and
other similar industrial - commercial uses.
(c.) Lawns, gardens, parking, play areas,and other similar uses.
(d.) _Golf courses, tennis courts, driving ranges, archery ranges,
picnic grounds, parks, swimming pools, hiking or horseback
riding trails, open space and other similar private and public
recreational uses.
(e.) Streets, bridges, overhead utility lines, creek and storm
drainage facilities, sewage or waste treatment plant outlets,
water supply intake structures, and other similar public,
community or utility uses.
(f.) Temporary facilities (for a specified number of days), such
as displays, circuses, carnivals, or similar transient amuse-
ment enterprises.
(g.) Boat docks, ramps, piers, or similar structures.
Section 5. Artificial Obstructions Prohibited
The placement of any artifical obstruction in any floodway delineated
by this ordinance is hereby prohibited, unless a permit has been obtained
for such artificial obstruction from the Board of County Commissioners.
No damageable portion of a structure located outside the floodway may be
below the elevation that would be attained by the 100 -year flood if the
stream were contained within the floodway.
Section 6. Existing Artificial Obstructions
Artificial obstructions existing in a floodway on the effective date of
this ordinance shall not be considered to be in violation of the ordinance.
However, they may not be enlarged or replaced in part or in whole.without a
permit, as provided by this ordinance.
Section 7. Floodway Map
The floodway boundaries are hereby established as shown on a map entitled
Black River Floodway Map . Harnett County, N. C. which is hereby made a part
'Section 7. Floodway Mao cont'd.
of this ordinance by reference and is permanently filed with the Clerk of
Superior Court and with the Harnett County Register of Deeds. A copy of
the "Official Floodway Map" shall be kept on file and made available for
public inspection in the office of the Planning and Development Director.
Section 8. Permits for Artificial Obstructions in a Floodway
A permit for the placement of an artificial obstruction in a flood-
way, or for enlarging or replacing an existing artificial obstruction,
may be issued by the Board of County Connissioners. The determination to
issue such a permit will be based on consideration of the effects of the
artificial obstruction in a floodway in creating danger to life and pro-
perty (a) by water which may be backed up or diverted by such obstruction;
(b) by the danger that the obstruction will be swept downstream to cause
injury or damage to others; and (c) by injury or damage at the site of the
obstruction itself. For this purpose, anticipated development in the fore-
seeable future which may be adversely affected by the obstruction may be
taken into account, as well as existing development.
An application for a permit to place an artificial obstruction in a
floodway shall be filed on a form provided by the Planning and Development
Director and shall include, but not be limited to, the following plans
in duplicate drawn to scale showing the nature, location, dimensions,
slopes, and elevations of the area in question; existing or proposed
structures, fill storage of materials; drainage facilities, and the loca-
tion of the foregoing. Specifically, the following information is
required:
(a) Elevation in relation to mean sea level of tie lowest
floor (including husement) of all structures,
(b) A certificate from a registered professional engineer
or architect that the proposed structure will be
flood - proofed so that the structure is water tight
with walls substantially impermeable to the passage of
water and with structural components having the capability
of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy.
(c) A description of the extent to which any watercourse
will be altered or relocated as a result of proposed
artificial obstructions.
The Planning and Development Director shall review the application
material and make a recommendation to the Board of County Commissioners
concerning the merits of the proposed artificial obstruction.
The Harnett County Board of County Commissioners shall either grant
or deny a permit to place the proposed artificial obstruction in a floodway.
Every final decision granting or denying a permit under this ordinance
shall be subject to review by the Superior. Court of Harnett County, with the
right of jury trial at the election of the party seeking review. The time
and manner of election of a jury trial shall be governed by G.S. 1A -1, Rule
38 (b) of the Rules of Civil Procedure.
. .
Section 9. Violations and Penalties
Any violation of this ordinance, or of the provisions of any permit issued
under the authority of this ordinance, shall constitute a misdemeanor.
Failure to remove any artificial obstruction, or enlargement or replace-
ment thereof, that violates this ordinance shall constitute a separate
violation of this ordinance for each ten days that such failure continues
after written notice from the Harnett County Board of Commissioners.
In addition to or in lieu of other remedies, the County Board may in-
stitute any appropriate action or proceeding to restrain or prevent any
violation of this ordinance, or to require any person, firm, or corporation
which has committed any such violation to remove a violating obstruction or
restore the conditions existing before the placement of the obstruction.
Section 10. Abrogation and Greater Restrictions
No permit for the construction of any structure to be located within a
floodway shall be granted unless the applicant has first obtained the permit
required by this ordinance.
This ordinance is not intended to repeal, abrogate or impare any existing
easements, covenants, or deed restrictions. However, where this ordinance
imposes greater restrictions, the provisions of this ordinance shall prevail.
Section 11. Effective Date
This ordinance shall take effect and be in force from and after its
adoption by the Board of Commissioners of Harnett County this 14th,
day of December. 1977.
PASSED AND ADOPTED -1.._
Clerk to the Board
Approved as to form and legal sufficiency.
County Attorney