48-3610. Assumption of powers and duties by cities and towns; resolution; definitions

A. The powers and duties prescribed by section 48-3609 for floodplain management may be assumed by the governing body of an incorporated city or town within its area of jurisdiction if the incorporated city or town declares by resolution that it intends to assume the powers and duties, including the adoption of floodplain management regulations, pursuant to this article. An incorporated city or town currently engaged in floodplain management may continue to exercise the floodplain management powers and duties pursuant to this article in its area of jurisdiction by passing a resolution declaring its intent to do so before August 3, 1984.

B. If the assumption of powers and duties under this section occurs:

1. The city or town shall advise the district and any adjacent jurisdiction having responsibility for floodplain management in writing and provide a copy of any development plan of all applications for floodplain use permits or variances to develop land in a floodplain or floodway within one mile of the boundary between the city's or town's area of jurisdiction and the area of jurisdiction of the district. The city or town shall also advise the district and any adjacent jurisdiction having responsibility for floodplain management in writing and provide a copy of any development plan of any major development proposed within a floodplain or floodway which could affect floodplains, floodways or watercourses outside the city's or town's area of jurisdiction. Written notice and a copy of the plan of development shall be sent to any adjacent jurisdiction no later than three working days after having been received by the city or town.

2. The district shall advise the city or town in writing and provide a copy of any development plan of any application for a floodplain use permit or variance to develop land in a floodplain or floodway within one mile of the boundary between the district's area of jurisdiction and that of the city or town. The district shall also advise the city or town in writing and provide a copy of any development plan of any major development proposed within a floodplain or floodway which could affect floodplains, floodways or watercourses within the city's or town's area of jurisdiction. Written notice and a copy of the plan of development shall be sent to any adjacent jurisdiction no later than three working days after having been received by the district.

C. On passage of a resolution by the city or town assuming the powers and duties of floodplain management and regulation, the following apply: 

1. The city or town is not liable for any aspect of a project that was approved, permitted, initiated or fully or partially constructed while under the floodplain authority of a district or county, including any obligation to complete, operate, maintain or repair the project.

2. For any project for which a permit was issued by a district or county while it held floodplain management and that is subsequently under more stringent floodplain regulation under the authority of a city or town, the project is deemed a valid nonconforming use that is subject to the more stringent city or town regulation for subsequent substantial improvements or substantial repairs. 

3. For any violation of the district's or county's floodplain regulation authority before relinquishment, the district or county continues to be liable for the enforcement against and correction of the violation and the city or town is not liable.

D. Nothing in this section shall act to delay approval of a development plan by a city, town, county or district.

E. If the city or town assuming the floodplain management and regulation function declares by resolution that it no longer wishes the powers and duties, then the powers and duties shall be assumed by the district. On passage of a resolution by the city or town that the city or town is relinquishing its assumption of floodplain management and regulation, the following apply:

1. The district or the county is not liable for any aspect of a project that was approved, permitted, initiated or fully or partially constructed while under the floodplain authority of the city or town, including any obligation to complete, operate, maintain or repair the project.

2. For any project for which a permit was issued by the city or town while it held floodplain management and that is subsequently under more stringent floodplain regulation under district authority, the project is deemed a valid nonconforming use that is subject to the more stringent district regulation for subsequent substantial improvements or substantial repairs.

3. For any violation of the city or town's floodplain regulation authority before relinquishment, the city or town continues to be liable for the enforcement against and correction of the violation and the district and the county are not liable.

F. If the assumption of powers and duties by a city or town occurs under this section, for purposes of applying this article to the city or town:

1. "Area of jurisdiction" means the lands within the municipal boundaries of the city or town.

2. "Board" means the governing body of a city or town.