Flood rules: what they cover and what they require

Statutory Authority. This Article is enacted pursuant to the U.S. National Flood Insurance Act of 1968 (Public Laws 90-418 and 91-152), as amended, and the U.S. Flood Disaster Protection Act of 1973 (Public Law 93-234), as amended. In addition, the Legislature of the State of Hawai'i has in Hawai'i Revised Statutes Section 46-1.5 and Section 46-11 authorized the counties to enact ordinances to promote health and safety and to qualify, participate, and apply for flood insurance coverage under the National Flood Insurance Program.Lands Subject to this Article. This Article shall apply to all areas of special flood hazards identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study for Kaua'i County, Hawai'i," dated February 26, 2021, with accompanying Flood Insurance Rate Maps and any subsequent revisions and amendments to such study and maps, which are adopted by reference as a part of this Article; and lands outside the identified special flood hazard areas encompassing and adjacent to a river, stream, stormwater channel, outfall area, or other inland water or drainage facility determined by the County Engineer to be subject to special flood hazards. The different special flood hazard areas are as follows:Flood fringe—AE, AO, and AH zones.Floodway.Coastal high hazard—VE zones.General floodplain—A, X and D zones.Land adjacent to drainage facility.Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this Article and other applicable regulations.Legislative History and Effective Date. This Article was originally adopted by Ord. No. 155 on January 7, 1972, and amended in 1976, 1981, 1987, 1993, 1995, 2002, and 2005. Amendments adopted in 2021 shall take effect on February 10, 2021.Other Laws and Regulations. All construction and improvements subject to this Article shall comply with other applicable laws and regulations including, but not limited to, the Comprehensive Zoning Ordinance, Building Code, Electrical Code, Plumbing Code, Subdivision Ordinance, and Sediment and Erosion Control Ordinance. This Article, designed to reduce flood losses, shall take precedence over any less restrictive, conflicting laws, ordinances, and regulations.Interpretation. In the interpretation and application of this Article, all provisions shall be:Considered as minimum requirements;Liberally construed in favor of the County; andDeemed neither to limit nor repeal any other powers granted under State statutes.Warning and Disclaimer of Liability. The degree of flood protection required by this Article 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. This Article does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Article shall not create liability on the part of the County of Kaua'i, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this Article or any administrative decision lawfully made thereunder.