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Text Box: Perry Soil and Water Conservation District

Text Box: Mission: To increase public awareness and provide technical assistance in conserving our soil, water, and other natural resources.

Text Box: All SWCD & NRCS programs and services are offered on a non-discriminatory basis, without regard to race, color, national origin, age,
sex, religion, political beliefs, sexual orientation, marital status, or handicap

Text Box: PERRY COUNTY FLOODPLAIN MANAGEMENT PROGRAM
            The current floodplain regulations as defined in the “Special Purpose
Flood Damage Reduction Resolution” were adopted by the Perry County
Commissioners May 2005. This resolution is adopted pursuant to
authorization contained in Sections 307.37 and 307.85 of the Ohio
Revised Code and adopts regulations for areas of special flood hazard that
are necessary for participation in the National Flood Insurance Program.

FINDINGS OF FACT
            Perry County, Ohio has special flood hazard areas that are subject to
periodic inundation which may result in loss of life and property, health and
safety hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and relief, and
impairment of the tax base. Additionally, structures that are inadequately
elevated, flood proofed, or otherwise protected from flood damage also
contribute to the flood loss. In order to minimize the threat of such
damages and to achieve the purposes hereinafter set forth, these
regulations are adopted.

STATEMENT OF PURPOSE
            It is the purpose of these regulations to promote the public health, safety
            and general welfare, and to:
A.      Protect human life and health
B.      Minimize expenditure of public money for costly flood control projects;
C.      Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
D.      Minimize prolonged business interruptions;
E.      Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
F.      Help maintain a stable tax base by providing for the proper use and development of areas of special flood hazard so as to protect property and minimize future blight areas;
G.     Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;
H.      Minimize the impact of development on adjacent properties within and near flood prone areas;
I.         Ensure that the flood storage and conveyance functions of the floodplain are maintained;
J.       Minimize the impact of development on the natural, beneficial values of the floodplain;
K.      Prevent floodplain uses that are either hazardous or environmentally incompatible; and
L.       Meet community participation requirements of the National Flood Program.

ABROGATION AND GREATER RESTRICTIONS
            These regulations are not intended to repeal any existing ordinances (resolutions)
including subdivision regulations, zoning or building codes. In the event of a conflict
between these regulations and any other ordinance (resolution), the more restrictive shall
be followed. These regulations shall not impair any deed restriction covenant or 1
easement but the land subject of such interests shall also be governed by the regulations.

INTERPRETATION
            In the interpretation and application of these regulations, all provisions shall be:
A.      Considered as minimum requirements;
B.      Liberally construed in favor of the governing body; and,
C.      Deemed neither to limit nor repeal any other powers granted under state statutes. Where a provision of these regulations may be in conflict with a state or Federal law, such state or Federal law shall take precedence over these regulations.

WARNING AND DISCLAIMER OF LIABILITY
            The degree of flood protection required by these regulations is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. Larger
floods can and will occur on rare occasions. Flood heights may be increased by man-made
or natural causes. These regulations do not imply that land outside the areas of special
flood hazard or uses permitted within such areas will be free form flooding or flood damage.
These regulations shall not create liability on the part of Perry County, any officer or
employee thereof, or the Federal Emergency Management Agency, for any flood damage
that results from reliance on these regulations or any administrative decision lawfully made.

FLOODPLAIN DEVELOPMENT PERMITS
            It shall be unlawful for any person to begin construction or other development activity
                including but not limited to filling; grading; construction; alteration, remodeling, or expanding
            any structure; or alteration of any watercourse wholly within, partially within or in contact
            with any identified special flood hazard area until a floodplain development permit is obtained
            from the Floodplain Administrator. Such floodplain development permit shall show that the
            proposed development activity is in conformity with the provisions of these regulations. No
            such permit shall be issued by the Floodplain Administrator until the requirements of these
            regulations have been met.

APPLICATION REQUIRED
            An application for a floodplain development permit shall be required for all development
            activities located wholly within, partially within, or in contact with an identified special flood
            hazard area. Such application shall be made by the owner of the property or his/her
            authorized agent, prior to the actual commencement of such construction on a form
            furnished for that purpose. Where it is unclear whether a development site is in a special
            flood hazard area, the Floodplain Administrator may require an application for a floodplain
            development permit to determine the development’s location.

DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR
            The Program Administrator of the Perry Soil & Water Conservation District is hereby
            appointed to administer and implement these regulations and is referred to herein as the
            Floodplain Administrator.

            Ben Carpenter is the Program Administrator of the Perry SWCD and the Perry County Flood
            Plain Administrator. For additional information and questions call 743-1325, e-mail:
            ben.carpenter@oh.nacdnet.net.