48-3610
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48-3610. Assumption of powers and duties by cities and towns; resolution; definitions A. The powers and duties prescribed by section 48-3609 for floodplain management may be assumed by the governing body of an incorporated city or town within its area of jurisdiction if the incorporated city or town declares by resolution that it intends to assume the powers and duties, including the adoption of floodplain management regulations, pursuant to this article. An incorporated city or town currently engaged in floodplain management may continue to exercise the floodplain management powers and duties pursuant to this article in its area of jurisdiction by passing a resolution declaring its intent to do so before August 3, 1984. B. If the assumption of powers and duties under this section occurs: 1. The city or town shall advise the district and any adjacent jurisdiction having responsibility for floodplain management in writing and provide a copy of any development plan of all applications for floodplain use permits or variances to develop land in a floodplain or floodway within one mile of the boundary between the city's or town's area of jurisdiction and the area of jurisdiction of the district. The city or town shall also advise the district and any adjacent jurisdiction having responsibility for floodplain management in writing and provide a copy of any development plan of any major development proposed within a floodplain or floodway which could affect floodplains, floodways or watercourses outside the city's or town's area of jurisdiction. Written notice and a copy of the plan of development shall be sent to any adjacent jurisdiction no later than three working days after having been received by the city or town. 2. The district shall advise the city or town in writing and provide a copy of any development plan of any application for a floodplain use permit or variance to develop land in a floodplain or floodway within one mile of the boundary between the district's area of jurisdiction and that of the city or town. The district shall also advise the city or town in writing and provide a copy of any development plan of any major development proposed within a floodplain or floodway which could affect floodplains, floodways or watercourses within the city's or town's area of jurisdiction. Written notice and a copy of the plan of development shall be sent to any adjacent jurisdiction no later than three working days after having been received by the district. C. Nothing in this section shall act to delay approval of a development plan by a city, town, county or district. D. If the city or town assuming the floodplain management and regulation function declares by resolution that it no longer wishes the powers and duties, then the powers and duties shall be assumed by the district. E. If the assumption of powers and duties occurs under this section, for purposes of applying this article to the city or town: 1. "Area of jurisdiction" means the lands within the municipal boundaries of the city or town. 2. "Board" means the governing body of a city or town. |