|SB 0904||Zoning Options When Certain Counties Move to 1st Class|
|LR Number:||L3381.03C||Fiscal Note:||3381-01|
|Committee:||Agriculture and Local Government|
|Last Action:||05/28/96 - H Inf Calendar S Bills for Third Reading w/HCS|
|Effective Date:||August 28, 1996|
HCS/SB 904 - When a second class county which had previously adopted planning and zoning becomes a county of the first class, the county must continue to operate under the second class county zoning provisions until those provisions are terminated by a public vote.
This act permits the governing body of Clay County to choose between the relevant planning and zoning sections by ordinance.
Section 1 - Creates the Division of Flood Plain Management (Division) within the State Emergency Management Agency (SEMA). The state shall not locate any new state-owned structure or enter into any lease agreement for property in special flood hazard areas unless no practical alternative is available. Participants in the National Flood Insurance Program shall submit variance requests to the Division for approval.
Section 2 - Cities and counties must participate in the federal flood insurance program in order to be eligible for federal hazard mitigation funds and Department of Economic Development (DED) block grants. Non-participating jurisdictions may be awarded DED block grants provided the Director of Economic Development and the Director of SEMA jointly agree that such funding is necessary to correct potential emergency situations. Any community receiving flood buy-out funds shall file with the Division a statement indicating the names of each individual or corporation bought out, the appraised value of the property any information which would indicate whether the property had been the subject of prior claims under the national flood insurance program.
Section 3 - Those persons involved in appraising, selling, financing and insuring real property are required to assess the status of the property relative to the special flood hazard area and to advise the buyer or owner.
Section 4 - The Division shall establish elevations for all levees in the state. Any person seeking to construct or modify a 25 year or greater levee must obtain a permit from the Division of Flood Plain Management within the State Emergency Management Agency. The Department of Agriculture, the Department of Natural Resources, the Department of Conservation and the Department of Economic Development have 15 days in which to review the application and comment on whether the permit should be issued.
Portions of this act are similar to SB 240 (1995) and SB 614
HA 1 - DIVISION OF FLOOD PLAIN MANAGEMENT WILL HAVE JURISDICTION OVER RAIL PROJECTS IN FLOOD PLAINS. HA 2 - DEFINES "STATE AGENCY" BUT DOES NOT INCLUDE THE DEPARTMENT OF HIGHWAYS AND TRANSPORTATION OR THE DEPARTMENT OF CONSERVATION. STATE AGENCIES MUST COMPLY WITH LOCAL ZONING AND BUILDING CODES. HA 3 - REDUCES, FROM 5 TO 3, THE NUMBER OF YEARS THAT A COUNTY MUST REMAIN IN A HOLDING PATTERN BEFORE IT IS PLACED IN A NEW CLASS. HA 4 - TECHNICAL AMENDMENT. HSA/HA 5 - REMOVES SECTION 3 FROM THE BILL (APPRAISERS TO NOTIFY POTENTIAL BUYERS THAT PROPERTY IS IN A FLOOD PLAIN; FLOOD INSURANCE). HA 6 - REDEFINES AUTHORITY OF THE DIVISION BY REQUIRING THOSE BUILDING LEVEES TO NOTIFY THE DIVISIONS, RATHER THAN APPLY FOR PERMISSION TO MAKE SUCH MODIFICATIONS. HA 7 - REMOVES "DIVISION OF FLOOD PLAIN MANAGEMENT" AND AUTHORIZES SEMA TO REGULATE FLOOD PLAINS.