12-766. Same; flood plain zones; requirements; approval by chief engineer. (a) The governing body may establish flood plain zones and districts and restrict the use of land therein and may restrict the application thereof to lands, adjacent to watercourses, subject to floods of a lesser magnitude than that having a chance occurrence in any one year of 1%. Any flood plain regulations shall comply with the minimum requirements of the national flood insurance act of 1968, as amended (42 U.S.C. § 4001 et seq.) or any rules and regulations adopted pursuant thereto.
(b) Prior to the adoption thereof, the governing body shall submit to the chief engineer of the division of water resources of the Kansas department of agriculture any ordinance, resolution, regulation or plan that proposes to create or to effect any change in a flood plain zone or district, or that proposes to regulate or restrict the location and use of structures, encroachments, and uses of land within such an area. The chief engineer may require, pursuant to rules and regulations, each submission hereunder to be accompanied by complete maps, plans, profiles, specifications and textual matter. The chief engineer shall approve or disapprove any such ordinance, resolution, regulation or plan or changes thereof within 90 days of the date of receipt of all such data required by the chief engineer as specified in rules and regulations adopted thereby. If the chief engineer fails to approve or disapprove within the 90 day period required by this section, such ordinance, resolution, regulation or plan or change thereof shall be deemed approved. The chief engineer shall provide, in writing, specific reasons for any disapproval.
(c) The chief engineer shall adopt such rules and regulations deemed necessary to administer and enforce the provisions of this section.
History: L. 1991, ch. 56, § 26; L. 2004, ch. 101, § 63; July 1.
Structure Kansas Statutes
Chapter 12 - Cities And Municipalities
Article 7 - Planning And Zoning
12-715c Same; procedure for adoption, amendment and enforcement of regulations.
12-715d Same; city regulations and authority terminate upon adoption of regulations by county.
12-736 Group homes, exclusion of, prohibited; conditions; definitions.
12-741 Planning and zoning in cities and counties; authorization.
12-743 Same; notice to other units of government.
12-745 Same; planning commission; meetings; officers; powers.
12-746 Same; planning commission budget.
12-747 Same; comprehensive plan; contents; procedure for adoption; annual review of plan.
12-748 Same; construction of public facility or utility in conformance with comprehensive plan.
12-749 Same; subdivision regulations; adoption and amendment; notice and hearing.
12-751 Same; building or zoning permits; building codes outside the city.
12-753 Same; zoning regulations; districts; restrictions.
12-754 Same; zoning jurisdictions; inclusion of land in flood plain zone.
12-755 Same; zoning regulations; authority.
12-756 Same; zoning; zones or districts; procedure to establish; notice and hearing.
12-758 Same; existing uses; alterations; agricultural land exempted, exception.
12-759 Same; board of zoning appeals; membership; vacancies; powers; fees; variances; exceptions.
12-760 Same; appeals to district court.
12-761 Same; violations; penalties; actions.
12-762 Same; existing plans effective until changed pursuant to this act.
12-763 Same; exclusion of manufactured homes prohibited, when.
12-764 Same; development rights, vesting of.
12-766 Same; flood plain zones; requirements; approval by chief engineer.
12-767 Same; flood plain requirements; city building codes.
12-768 Same; flood plain requirements; county building codes.
12-769 Same; transfer of certain moneys to county.
12-770 Nonconforming uses; sexually oriented businesses; definitions.
12-771 Same; nonconforming uses; elimination of.
12-772 Military installations; state area of interest.
12-773 Same; communications, cooperation duties; military installations, municipalities.
12-775 Same; zoning and land use municipalities have final decision.