46-1022. LOCAL GOVERNMENTS MAY ADOPT FLOODPLAIN ZONING ORDINANCES. Subject to the availability of adequate mapping and data to properly identify the floodplains, if any, within its jurisdiction, each local government is encouraged to adopt a floodplain map and floodplain management ordinance which identifies these floodplains and which requires, at a minimum, that any development in a floodplain must be constructed at a flood protection elevation and/or have adequate floodproofing. The local government may regulate all mapped and unmapped floodplains within its jurisdiction. Nothing in this act shall prohibit a local government from adopting more restrictive standards than those contained in this chapter. Floodplain zoning ordinances shall not regulate the operation, cleaning, maintenance or repair of any ditch, canal, lateral, drain, diversion structure or other irrigation or drainage works that is performed or authorized by the owner thereof pursuant to lawful rights and obligations. If not otherwise exempt from approval, a flood control district’s conduct of a "flood fight," as defined in section 42-3103, Idaho Code, shall not require prior local government approval provided all such approvals are obtained within a reasonable time after the imminent flooding event has ended.
History:
[46-1022, added 1998, ch. 301, sec. 1, p. 994; am. 2010, ch. 141, sec. 2, p. 299; am. 2014, ch. 72, sec. 6, p. 188.]
Structure Idaho Code
Title 46 - MILITIA AND MILITARY AFFAIRS
Chapter 10 - STATE DISASTER PREPAREDNESS ACT
Section 46-1001 - SHORT TITLE.
Section 46-1002 - DEFINITIONS.
Section 46-1003 - POLICY AND PURPOSES.
Section 46-1004 - IDAHO OFFICE OF EMERGENCY MANAGEMENT CREATED.
Section 46-1005 - COORDINATING OFFICER — SELECTION.
Section 46-1005A - DISASTER EMERGENCY ACCOUNT.
Section 46-1006 - POWERS AND DUTIES OF CHIEF AND OFFICE.
Section 46-1007 - LIMITATIONS.
Section 46-1008 - THE GOVERNOR AND DISASTER EMERGENCIES.
Section 46-1009 - LOCAL AND INTERGOVERNMENTAL DISASTER AGENCIES AND SERVICES.
Section 46-1010 - INTERGOVERNMENTAL ARRANGEMENTS.
Section 46-1011 - LOCAL DISASTER EMERGENCIES.
Section 46-1012 - COMPENSATION.
Section 46-1013 - COMMUNICATIONS.
Section 46-1015 - WEATHER MODIFICATION.
Section 46-1016 - LIABILITY FOR PROPERTY DAMAGE, BODILY INJURY OR DEATH.
Section 46-1018 - INTERSTATE MUTUAL AID COMPACT.
Section 46-1018A - EMERGENCY MANAGEMENT ASSISTANCE COMPACT.
Section 46-1020 - PURPOSE AND FINDINGS.
Section 46-1021 - DEFINITIONS.
Section 46-1022 - LOCAL GOVERNMENTS MAY ADOPT FLOODPLAIN ZONING ORDINANCES.
Section 46-1023 - ENFORCEMENT AND SANCTIONS.
Section 46-1024 - SEVERABILITY.
Section 46-1025 - FEDERAL FUNDS TO POLITICAL SUBDIVISIONS.