This text of North Dakota § 61-16.2-08 (Community standards - Permissible uses within flood fringe) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1. Upon delineation of the floodplain or floodway under the national flood insurance
program [42 U.S.C. 4001 et seq.], the following uses must be permitted within the
flood fringe to the extent the uses are not prohibited by any other ordinance,
regulation, or statute:
a. Any use permitted in the regulatory floodway pursuant to section 61-16.2-06.
b. Structures, including residential and nonresidential structures; provided:
(1)Residential structures are constructed so the lowest floor, including
basements, is elevated to at least one foot [30.48 centimeters] above the
base flood elevation unless granted a residential basement floodproof
exception under the national flood insurance program.
(2)Nonresidential structures either are constructed as specified in subdivision a
and elevated to a
Free access — add to your briefcase to read the full text and ask questions with AI
1. Upon delineation of the floodplain or floodway under the national flood insurance
program [42 U.S.C. 4001 et seq.], the following uses must be permitted within the
flood fringe to the extent the uses are not prohibited by any other ordinance,
regulation, or statute:
a. Any use permitted in the regulatory floodway pursuant to section 61-16.2-06.
b. Structures, including residential and nonresidential structures; provided:
(1) Residential structures are constructed so the lowest floor, including
basements, is elevated to at least one foot [30.48 centimeters] above the
base flood elevation unless granted a residential basement floodproof
exception under the national flood insurance program.
(2) Nonresidential structures either are constructed as specified in subdivision a
and elevated to at least one foot [30.48 centimeters] above the base flood
elevation or are floodproofed adequately up to an elevation no lower than
two feet [.61 meter] above the base flood elevation. The floodproofing must
be in accordance with the standards either adopted by the community under
the national flood insurance program [42 U.S.C. 4001 et seq.] or under this
chapter, whichever are more restrictive.
2. Any exception to this section must be approved by the regulatory authority as a
variance, established in local floodplain development ordinances.
3. Any exception to the national flood insurance program [42 U.S.C. 4001 et seq.] in
implementing regulations granted by the appropriate federal agency to a community
participating in the national flood insurance program is an approved exception under
this section.