12-766.   Same; flood plain zones; requirements;approval by chiefengineer.(a) The governing body may establish flood plain zones and districts andrestrict the use of land therein and may restrict the application thereof tolands, adjacent to watercourses, subject to floods of a lesser magnitude thanthat having a chance occurrence in any one year of 1%. Any flood plainregulations shall comply with the minimum requirements of the national floodinsurance act of 1968, as amended (42 U.S.C. §4001 et seq.)or any rulesand regulations adopted pursuant thereto.

      (b)   Prior to the adoption thereof, the governing body shall submit to thechief engineer of the division of water resources of the Kansasdepartment ofagriculture any ordinance, resolution, regulation or plan that proposes tocreate or to effect any change in a flood plain zone or district, or thatproposes to regulate or restrict the location and use of structures,encroachments, and uses of land within such an area. The chief engineer mayrequire, pursuant to rules and regulations, each submission hereunder to beaccompanied by complete maps, plans, profiles, specifications and textualmatter. The chief engineer shall approve or disapprove any such ordinance,resolution, regulation or plan or changes thereof within 90 days of the date ofreceipt of all such data required by the chief engineer as specified in rulesand regulations adopted thereby. If the chief engineer fails to approve ordisapprove within the 90 day period required by thissection, suchordinance, resolution, regulation or plan or change thereof shall be deemedapproved. The chief engineer shall provide, in writing, specific reasons forany disapproval.

      (c)   The chief engineer shall adopt such rules and regulations deemednecessary to administer and enforce the provisions of this section.

      History:   L. 1991, ch. 56, § 26;L. 2004, ch. 101, § 63; July 1.