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HomeMy WebLinkAbout2026-026 - Ord. Amending Mason County Code Title 14 ORDINANCE NUMBER �0-OD AMENDMENTTO MASON COUNTY CODE TITLE 14 ORDINANCE amending Mason County Code Title 14, Chapter 14.22,Flood Damage Prevention. WHEREAS, under the authority-of Chapter 86.16 RCW Mason County has the authority to administer floodplain management regulations; and WHEREAS,the Federal Emergency Management Agency(FEMA) updated the Flood Insurance Study (FIS) and the, Flood Insurance Rate Maps (FIRMs) for unincorporated Mason County identifying the Special Flood Hazard Areas (SFHAs); and WHEREAS,the Board of County Commissioners (BOCC) conducted a public hearing regarding Mason County Code Title 14,'Chapter 14.22 and Title 8,Chapter 8.52,Section 8.52.130 on June 18, 2019; and WHEREAS,the BOCC adopted a county-imposed floodway for Skokomish Valley in its entirety in addition to the FEMA maps on June 18, 2019;and WHEREAS, on April 20, 2026 the Mason County Planning Advisory Commission held a public hearing to consider the code and map amendments to remove the County-imposed floodway and passed a motion to recommend approval of said amendments; and WHEREAS, the Commissioners considered the proposed amendments at a duly advertised public hearing on June 9, 2026; and WHEREAS,the Board of County Commissioners took public testimony from interested parties, considered all the written and oral arguments,testimony and comments presented; and WHEREAS, the Board of County Commissioners also considered the Staff Report and recommendations of the Mason County Planning Advisory Commission; and WHEREAS, the Board of County Commissioners finds that the proposed amendment to Title 14, relating to the floodplain of the Skokomish Valley complies with all applicable requirements of the Growth Management Act, the Comprehensive Plan, and the Mason County Code,and that it is in the best public interest; and BE IT HEREBY ORDAINED, the Mason County Board of Commissioners hereby approves and ADOPTS amendments to the Mason County Code Title 14, Chapter 14.22 Flood Damage Prevention as described in ATTACHMENT A and FEMA FIRM map as described in ATTACHMENT B. DATED this day of 2026. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON ATTEST: J(V 7l D Pat Tarzwell,Chair McKenzie Sm th,Clerk of the Board n APPROVED AS TO FORM: Sharon Trask,Commissioner Tim Whitehead;Chief D A Rand Neatherlin,Commissioner 2 14.22.200 Special flood risk zone—Floodplain of the Skokomish River. (a) Special Flood Risk Zone.A special flood risk zone is hereby established for the regulatory floodway of the Skokomish River,and is illustrated on FIRM map community panels#530115,panels 0428,0429,0433,0434, 0437,0441,and 0442,(June 20,2019).The special flood risk zone is hereby designated as a floodway and the entire floodway is hereby designated an avulsion risk area.Construction of a new structure or an expansion of the square foot area of an existing structure is prohibited in this designated floodway.For purposes of this subsection,the term structure shall not include a gas or liquid storage tank. (b) Dikes,Levees and Other Water Flow Modification Structures. (1) Areas where flood water releases and overflows from the main Skokomish River channel shall not be modified,meaning levied or diked,in any manner which would result in increased stream flow in the main channel. (2) Maintenance to existing legally established (constructed by past permits or historically occurring) levees,dikes,and other water flow modification structures shall be permitted with appropriate approvals from all affected agencies,provided that the maintenance does not result in increased stream flow within the main channel(as verified by a hydraulic engineer),and the maintenance is consistent with provisions and recommendations of the adopted Skokomish River Comprehensive Flood Hazard Management Plan. Emergency alterations to dikes and levees necessary for the protection of human life and property shall be permitted as provided for within the applicable regulatory permit processes. (3) If the public works director finds an imminent flood threat to the public health,safety,and welfare exists based on: (A) A flow capacity of seventy percent of the one hundred-year flood stage for the specific river or creek,or (B) A rainfall within the last forty-eight hours in excess of four inches,or (C) Issuance of a flood warning by the National Weather Service for the specific area,or (D) A significant isolated blockage occurs such as a log jam or slide,that impacts the geography or water velocity such that an overflow back path has or is likely to occur; Then the public works director may recommend to the board of commissioners that they declare an emergency flood condition,which shall then authorize the county to make on-site inspections on private property of dikes and other impediments as necessary,and to direct or design immediate or subsequent improvement, repair, removal,or modification to said dikes, levees,or other impediments,as subject to other regulations;and shall maintain a record of the condition and structure of said dikes. (4) Alterations to dikes and levees,and bank stabilization efforts that would prevent legitimate potential emergency situations shall be permitted,provided that all affected agencies have been notified and appropriate permits have been acquired. (5) Activities related to the repair,maintenance or construction of bank stabilization,dikes, levees or other related development are a permit required activity under Section 14.22.120 of this chapter,are subject to all provisions for development standards within this chapter,and shall provide for appropriate inspections during and following construction and/or repair.Construction shall meet NRCS standards, as recommended within the Skokomish River Comprehensive Flood Hazard Management Plan, or as revised. Created: 2025-12-01 14:28:36 [EST] (Supp.No.72,8-25) Page 1 of 3 (6) Projects proposed by government agencies under this section as recommended within the Skokomish River Comprehensive Flood Hazard Management Plan shall be evaluated on a case-by-case basis.The administrator shall include the following considerations in making an evaluation: A. Recommendations of applicable study; B. Provisions of this chapter; C. Project-specific engineering; D. Public benefit; E. All applicable regulations. (7) All approved permits shall require the monitoring of performance which shall include,at a minimum,a post-construction inspection for compliance with the conditions of approval.Additional inspections may be required when recommended by the engineering report or the county engineer. Monitoring shall be established as a condition of approval. (8) Dike monitoring program. Information on the condition of levees,dikes,or other structures ascertained from successive on-site inspections shall be maintained by the county for the purpose of updating and cataloging existing conditions as part of their ongoing flood and dike management program. Dikes shall be monitored for safety purposes. Dikes shall be inspected by the public works director at least biennially. The public works director and his designee is authorized to enter onto private or public land for the sole purpose of inspecting dikes for flood safety and for no other purpose.The inspections shall be done between the 8:00 a.m.and 4:00 p.m.time period,with notice to the property owner sent by certified mail at least fourteen days in advance, unless there is a flood emergency. The public works director shall report on the condition of the dikes to the board of county commissioners at the interval of once every two years.The report shall include an assessment of the condition and structure of the dikes;an analysis of whether any improvements needs to be done;a statement on the ability,or lack thereof,to inspect the dikes;and any other matter of importance to dike inspection and monitoring.The report shall also be based on the inspections and information gathered from dike monitoring. Existing dikes monitored shall be listed or be listed by reference to outside reports. (c) Bridges and Roadways. (1) Areas where flood water releases and overflows from the main Skokomish River channel shall not be modified by construction or reconstruction of bridges or roadways,in any manner which would result in increased stream flows or flood elevations(as verified by a hydraulic engineer). (2) Maintenance to existing legally established (constructed by past permits or historically occurring) bridges and roadways shall be permitted with appropriate approvals from all affected agencies, provided that the maintenance does not result in increased stream flows or flood levels(as verified by a hydraulic engineer),and the maintenance is consistent with provisions and recommendations of the adopted Skokomish River Comprehensive Flood Hazard Management Plan. Emergency alterations to bridges and roadways necessary for the protection of human life and property shall be permitted as provided for within the applicable regulatory permit processes. (3) If the public works director finds an imminent flood threat to the public health,safety, and welfare exists based on: (A) A flow capacity of seventy percent of the one hundred-year flood stage for the specific river or creek,or (B) A rainfall within the last forty-eight hours in excess of four inches, or Created: 2025-12-01 14:28:36 [EST] (Supp.No.72,8-25) Page 2 of 3 (C) Issuance of a flood warning by the National Weather Service for the specific area,or (D) A significant isolated blockage occurs such as a logjam or slide,that impacts the geography or water velocity such that an overflow bank path has or is likely to occur; Then the public works director may recommend to the board of commissioners that they declare an emergency flood condition,which shall then authorize the county to make on-site inspections on private property of bridges and roadways and other impediments as necessary,and to direct or design immediate or subsequent improvement,repair, removal,or modification to said impediments,as subject to other regulations;and shall maintain a record of such actions. (4) Alterations to bridges and roadways that would prevent legitimate potential emergency situations shall be permitted, provided that all affected agencies have been notified and appropriate permits have been acquired. (5) Activities related to the repair, maintenance or construction of bridges and roadways or other related development are a permit required activity under Section 14.22.120 of this chapter,are subject to all provisions for development standards within this chapter,and shall provide for appropriate inspections during and following construction and/or repair. (6) Projects proposed by government agencies under this section as recommended within the Skokomish River Comprehensive Flood Hazard Management Plan shall be evaluated on a case-by-case basis.The administrator shall include the following considerations in making an evaluation: (A) Recommendations of applicable study; (B) Provisions of this chapter; (C) Project-specific engineering; (D) Public benefit; (E) All applicable regulations. (7) All approved permits shall require the monitoring of performance which shall include,at a minimum,a post-construction inspection for compliance with the conditions of approval.Additional inspections may be required when recommended by the engineering report or the county engineer. Monitoring shall be established as a condition of approval. Projects proposed by WSDOT under this section and receiving Federal Highway Administration funding shall be consistent with the recommendations within the Skokomish River Comprehensive Flood Hazard Management Plan and shall be evaluated on a case by case basis.The administrator shall include the following considerations in making an evaluation and issuing a permit: (A) Recommendations of project specific studies prepared by or on behalf of WSDOT; (B) All other provisions of this ordinance do not apply; (C) Project specific engineering shall be completed in accordance with the WSDOT Design Manual; (D) Provide a public benefit; (E) Provide less than a cumulative one foot rise in the proposed one hundred-year flood fringe as determined by a step backwater analysis or higher.The cumulative total rise will consider projects that have been approved as well as projects that are planned to be approved. (F) Compliance with all applicable state and federal regulations. (Ord. No.57-19,att.A,6-18-2019;Ord. No.09-14,Att.A, 2-11-2014) Created: 2025-12-01 14:28:36 [EST] (Supp.No.72,8-25) Page 3 of 3