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.
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.
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.