TITLE XXVI - FLOOD DAMAGE PREVENTION CODE

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ARTICLE I. CONSTITUTIONAL AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND

METHODS

SECTION A. CONSTITUTIONAL AUTHORIZATION

Under its inherent authority and the authority vested it by the Constitution of the Chitimacha

Tribe of Louisiana, the Chitimacha Tribal Council hereby adopts the following Flood Damage

Prevention Code designed to promote the public health, safety, and general welfare of the Tribe

and its members.

SECTION B. FINDINGS OF FACT

(1) The flood hazard areas located on the Chitimacha Reservation are subject to periodic

inundation, which results in potential loss of life and property, health and safety hazards,

disruption of commerce and governmental services, and extraordinary public expenditures for

flood protection and relief, all of which adversely affect the public health, safety and general

welfare.

(2) These flood losses are created by the cumulative effect of obstructions in floodplains

which cause an increase in flood heights and velocities, and by the occupancy of flood hazard

areas by uses vulnerable to floods and hazardous to other lands because they are inadequately

elevated, floodproofed or otherwise protected from flood damage.

(3) This Code is adopted to comply with the rules and regulations of the National Flood

Insurance Program codified as 44 Code of Federal Regulations Parts 59-78, as amended, so as to

establish the Tribe’s eligibility in the National Flood Insurance Program.

SECTION C. STATEMENT OF PURPOSE

It is the purpose of this code to promote the public health, safety and general welfare and to

minimize public and private losses due to flood conditions in specific areas by provisions

designed to:

(1) Protect human life and health;

(2) Minimize expenditure of public money for costly flood control projects;

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(3) Minimize the need for rescue and relief efforts associated with flooding and generally

undertaken at the expense of the general public;

(4) Minimize prolonged business interruptions;

(5) Minimize damage to public facilities and utilities such as water and gas mains, electric,

telephone and sewer lines, streets and bridges located in floodplains;

(6) Ensure that tribal members are notified that property is located in flood area.

(7) Ensure that those who occupy an area of special flood hazard assume responsibility for

their actions.

SECTION D. METHODS OF REDUCING FLOOD LOSSES

In order to accomplish its purposes, this code uses the following methods:

(1) Restrict or prohibit uses that are dangerous to health, safety or property in times of

flood, or cause excessive increases in flood heights or velocities;

(2) Require that uses vulnerable to floods, including facilities, which serve such uses, be

protected against flood damage at the time of initial construction;

(3) Control the alteration of natural floodplains, stream channels, and natural protective

barriers, which are involved in the accommodation of flood waters;

(4) Control filling, grading, dredging and other development, which may increase flood

damage;

(5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood

waters or which may increase flood hazards to other lands.

ARTICLE 2. DEFINITIONS

Unless specifically defined below, words or phrases used in this code shall be interpreted to give

them the meaning they have in common usage and to give this code its most reasonable

application.

ALLUVIAL FAN FLOODING - means flooding occurring on the surface of an alluvial fan or

similar landform which originates at the apex and is characterized by high-velocity flows; active

processes of erosion, sediment transport, and deposition; and unpredictable flow paths.

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APEX - means a point on an alluvial fan or similar landform below which the flow path of the

major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.

APPURTENANT STRUCTURE ~ means a structure which is on the same parcel of property

as the principal structure to be insured and the use of which is incidental to the use of the

principal structure

AREA OF FUTURE CONDITIONS FLOOD HAZARD -— means the land area that would be

inundated by the 1-percent-annual chance (100 year) flood based on future conditions hydrology.

AREA OF SHALLOW FLOODING - means a designated AO, AH, AR/AO, AR/AH, or VO

zone on a community's Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual

chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not

exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such

flooding is characterized by ponding or sheet flow.

AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a community

subject to a 1 percent or greater chance of flooding in any given year. The area may be

designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate-making

has been completed in preparation for publication of the FIRM, Zone A usually is refined into

Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-

30, VE or V.

BASE FLOOD - means the flood having a 1 percent chance of being equaled or exceeded in any

given year.

BASE FLOOD ELEVATION - The elevation shown on the Flood Insurance Rate Map (FIRM)

and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, A1-A30,

AR, V1-V30, or VE that indicates the water surface elevation resulting from the flood that has a

1% chance of equaling or exceeding that level in any given year — also called the Base Flood.

BASEMENT - means any area of the building having its floor subgrade (below ground level) on

all sides.

BREAKAWAY WALL — means a wall that is not part of the structural support of the building

and is intended through its design and construction to collapse under specific lateral loading

forces, without causing damage to the elevated portion of the building or supporting foundation

system.

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CHITIMACHA TRIBAL COUNCIL -— the five member governing body of the Chitimacha

Tribe of Louisiana as further defined with the authority given within Article V of the Chitimacha

Constitution.

CRITICAL FEATURE - means an integral and readily identifiable part of a flood protection

system, without which the flood protection provided by the entire system would be

compromised.

DEVELOPMENT - means any man-made change to improved and unimproved real estate,

including but not limited to buildings or other structures, mining, dredging, filling, grading,

paving, excavation or drilling operations or storage of equipment or materials.

ELEVATED BUILDING — means, for insurance purposes, a non-basement building, which has

its lowest elevated floor, raised above ground level by foundation walls, shear walls, posts, piers,

pilings, or columns.

EXISTING CONSTRUCTION - means for the purposes of determining rates, structures for

which the "start of construction" commenced before the effective date of the FIRM or before

January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be

referred to as "existing structures."

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured

home park or subdivision for which the construction of facilities for servicing the lots on which

the manufactured homes are to be affixed (including, at a minimum, the installation of utilities,

the construction of streets, and either final site grading or the pouring of concrete pads) is

completed before the effective date of the floodplain management regulations adopted by a

community.

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

- means the preparation of additional sites by the construction of facilities for servicing the lots

on which the manufactured homes are to be affixed (including the installation of utilities, the

construction of streets, and either final site grading or the pouring of concrete pads).

FLOOD OR FLOODING - means a general and temporary condition of partial or complete

inundation of normally dry land areas from:

(1) the overflow of inland or tidal waters; and

(2) the unusual and rapid accumulation or runoff of surface waters from any source.

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FLOOD ELEVATION STUDY -— means an examination, evaluation and determination of flood

hazards and, if appropriate, corresponding water surface elevations, or an examination,

evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

FLOOD HAZARD BOUNDARY MAP (FHBM) - means an official map of a community,

issued by the Administrator, where the boundaries of the flood, mudslide (i.e., mudflow) related

erosion areas having special hazards have been designated as Zones A, M, and/or E.

FLOOD INSURANCE RATE MAP (FIRM) - means an official map of a community, on

which the Federal Emergency Management Agency has delineated both the special flood hazard

areas and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY (FIS) — see Flood Elevation Study

FLOODPLAIN OR FLOOD-PRONE AREA - means any land area susceptible to being

inundated by water from any source (see definition of flooding).

FLOODPLAIN MANAGEMENT - means the operation of an overall program of corrective

and preventive measures for reducing flood damage, including but-not limited to emergency

preparedness plans, flood control works and floodplain management regulations.

FLOODPLAIN MANAGEMENT REGULATIONS - means zoning ordinances, subdivision

regulations, building codes, health regulations, special purpose ordinances (such as a floodplain

ordinance, grading ordinance and erosion control ordinance) and other applications of police

power. The term describes such state or local regulations, in any combination thereof, which

provide standards for the purpose of flood damage prevention and reduction.

FLOOD PROTECTION SYSTEM - means those physical structural works for which funds

have been authorized, appropriated, and expended and which have been constructed specifically

to modify flooding in order to reduce the extent of the area within a community subject to a

“special flood hazard" and the extent of the depths of associated flooding. Such a system

typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized

flood modifying works are those constructed in conformance with sound engineering standards.

FLOOD PROOFING - means any combination of structural and non-structural additions,

changes, or adjustments to structures which reduce or eliminate flood damage to real estate or

improved real property, water and sanitary facilities, structures and their contents.

FLOODWAY - see Regulatory Floodway

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FUNCTIONALLY DEPENDENT USE - means a use, which cannot perform its intended

purpose unless it is located or carried out in close proximity to water. The term includes only

docking facilities, port facilities that are necessary for the loading and unloading of cargo or

passengers, and ship building and ship repair facilities, but does not include long-term storage or

related manufacturing facilities.

HIGHEST ADJACENT GRADE - means the highest natural elevation of the ground surface

prior to construction next to the proposed walls of a structure.

HISTORIC STRUCTURE - means any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by

the Department of Interior) or preliminarily determined by the Secretary of the Interior as

meeting the requirements for individual listing on the National Register;

(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to

the historical significance of a registered historic district or a district preliminarily determined by

the Secretary to qualify as a registered historic district;

(3) Individually listed on a state inventory of historic places in states with historic

preservation programs which have been approved by the Secretary of Interior; or

(4) Individually listed on a local inventory of historic places or cultural resources in

communities with historic or cultural resource preservation programs that have been certified

either:

(a) By an approved state program as determined by the Secretary of the Interior,

(b) Directly by the Secretary of the Interior in states without approved programs; or

. (c) The Chitimacha Tribe of Louisiana, including the Tribal Historic Preservation

Office for the Chitimacha Tribe of Louisiana.

LEVEE - means a man-made structure, usually an earthen embankment, designed and

constructed in accordance with sound engineering practices to contain, control, or divert the flow

of water so as to provide protection from temporary flooding.

LEVEE SYSTEM - means a flood protection system which consists of a levee, or levees, and

associated structures, such as closure and drainage devices, which are constructed and operated

in accordance with sound engineering practices.

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LOWEST FLOOR - means the lowest floor of the lowest enclosed area (including basement).

An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access

or storage in an area other than a basement area is not considered a building's lowest floor;

provided that such enclosure is not built so as to render the structure in violation of the

applicable non-elevation design requirement of Section 60.3 of the National Flood Insurance

Program regulations.

MANUFACTURED HOME - means a structure transportable in one or more sections, which is

built on a permanent chassis and is. designed for use with or without a permanent foundation

when connected to the required utilities. The term "manufactured home" does not include a

"recreational vehicle".

MANUFACTURED HOME PARK OR SUBDIVISION - means a parcel (or contiguous

parcels) of land divided into two or more manufactured home lots for rent or sale.

MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program, the North

American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations

shown on a community's Flood Insurance Rate Map are referenced.

NEW CONSTRUCTION - means, for the purpose of determining insurance rates, structures for

which the "start of construction" commenced on or after the effective date of an initial FIRM or

after December 31, 1974, whichever is later, and includes any subsequent improvements to such

structures. For floodplain management purposes, "new construction" means structures for which

the "start of construction" commenced on or after the effective date of a floodplain management

regulation adopted by a community and includes any subsequent improvements to such

structures.

NEW MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home

park or subdivision for which the construction of facilities for servicing the lots on which the

manufactured homes are to be affixed (including at a minimum, the installation of utilities, the

construction of streets, and either final site grading or the pouring of concrete pads) is completed

on or after the effective date of floodplain management regulations adopted by a community.

RECREATIONAL VEHICLE - means a vehicle which is (i) built on a single chassis; (ii) 400

square feet or less when measured at the largest horizontal projections; (iii) designed to be selfpropelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as

a permanent dwelling but as temporary living quarters for recreational, camping, travel, or

seasonal use.

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REGULATORY FLOODWAY - means the channel of a river or other watercourse and the

adjacent land areas that must be reserved in order to discharge the base flood without

cumulatively increasing the water surface elevation more than a designated height.

RIVERINE — means relating to, formed by, or resembling a river (including tributaries), stream,

brook, etc.

SPECIAL FLOOD HAZARD AREA - see Area of Special Flood Hazard

START OF CONSTRUCTION - (for other than new construction or substantial improvements

under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement

and means the date the building permit was issued, provided the actual start of construction,

repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180

days of the permit date. The actual start means either the first placement of permanent

construction of a structure on a site, such as the pouring of slab or footings, the installation of

piles, the construction of columns, or any work beyond the stage of excavation; or the placement

of a manufactured home on a foundation. Permanent construction does not include land

preparation, such as clearing, grading and filling; nor does it include the installation of streets

and/or walkways; nor does it include excavation for basement, footings, piers or foundations or

the erection of temporary forms; nor does it include the installation on the property of accessory

buildings, such as garages or sheds not occupied as dwelling units or not part of the main

structure. For a substantial improvement, the actual start of construction means the first

alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that

alteration affects the external dimensions of the building.

STRUCTURE -— means, for floodplain management purposes, a walled and roofed building,

including a gas or liquid storage tank, that is principally above ground, as well as a manufactured

home.

SUBSTANTIAL DAMAGE - means damage of any origin sustained by a structure whereby the

cost of restoring the structure to its before damaged condition would equal or exceed 50 percent

of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT - means any reconstruction, rehabilitation, addition, or

other improvement of a structure, the cost of which equals or exceeds 50 percent of the market

value of the structure before "start of construction" of the improvement. This term includes

structures, which have incurred "substantial damage", regardless of the actual repair work

performed. The term does not, however, include either: (1) Any project for improvement of a

structure to correct existing violations of health, sanitary, or safety code specifications which

have been formally adopted by Chitimacha Tribal Council and which are the minimum necessary

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to assure safe living conditions or (2) Any alteration of a "historic structure", provided that the

alteration will not preclude the structure's continued designation as a "historic structure."

TRIBE — the Chitimacha Tribe of Louisiana.

VARIANCE — means a grant of relief by a community from the terms of a floodplain

management regulation. (For full requirements see Section 60.6 of the National Flood Insurance

Program regulations.)

VIOLATION - means the failure of a structure or other development to be fully compliant with

the community's floodplain management regulations. A structure or other development without

the elevation certificate, other certifications, or other evidence of compliance required in Section

60.3(b)(5), (c)(4), (c)(10), (d)(3), (€)(2), (e)(4), or (€)(5) is presumed to be in violation until such

time as that documentation is provided.

WATER SURFACE ELEVATION - means the height, in relation to the North American

Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various

magnitudes and frequencies in the floodplains of coastal or riverine areas.

ARTICLE 3. GENERAL PROVISIONS

SECTION A. LANDS TO WHICH THIS CODE APPLIES

The code shall apply to all areas of special flood hazard within the exterior boundaries of the

Chitimacha Reservation or otherwise within the jurisdiction of the Chitimacha Tribe of

Louisiana.

SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD

HAZARD

The areas of special flood hazard identified by the Federal Emergency Management Agency in

the current scientific and engineering report entitled, “The Flood Insurance Study (FIS) for St.

Mary Parish Unincorporated Areas from the FIS Title," dated April 19, 2017 with accompanying

Flood Insurance Rate Maps (FIRM) dated April 19, 2017, and any revisions thereto are hereby

adopted by reference and declared to be a part of this code.

SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT

A Floodplain Development Permit shall be required to ensure conformance with the provisions

of this code.

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SECTION D. COMPLIANCE

No structure or land shall hereafter be located, altered, or have its use changed without full

compliance with the terms of this code and other applicable regulations.

SECTION E. ABROGATION AND GREATER RESTRICTIONS

This code is not intended to repeal, abrogate, or impair any existing easements, covenants, or

deed restrictions. However, where this code and another code, easement, covenant, or deed

restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

SECTION F. INTERPRETATION

In the interpretation and application of this code, all provisions shall be: (1) considered as

minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed

neither to limit nor repeal any other powers which may be exercised by the Chitimacha Tribe of

Louisiana.

SECTION G. WARNING AND DISCLAIMER OR LIABILITY

The degree of flood protection required by this code is considered reasonable for regulatory

purposes and is based on scientific and engineering considerations. On rare occasions greater

floods can and will occur and flood heights may be increased by man-made or natural causes.

This code 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 code shall not create

liability on the part of the community or any official or employee thereof for any flood damages

that result from reliance on this code or any administrative decision lawfully made hereunder.

SECTION H. NON-WAIVER OF SOVEREIGN IMMUNITY

Nothing in this Code shall be construed as limiting, waiving, or abrogating the sovereignty or the

sovereign immunity of the Chitimacha Tribe of Louisiana, or any of its agencies, departments,

agents, officials or employees.

ARTICLE 4. ADMINISTRATION

SECTION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR

The Chief Administrative Officer of the Tribe is hereby appointed the Floodplain Administrator

to administer and implement the provisions of this code and other appropriate sections of 44

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CFR (Emergency Management and Assistance - National Flood Insurance Program Regulations)

pertaining to floodplain management.

SECTION B. DUTIES & RESPONSIBILITIES OF THE FLOODPLAIN

ADMINISTRATOR

Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to,

the following:

(1) Maintain and hold open for public inspection all records pertaining to the provisions of

this code.

(2) Review permit application to determine whether to ensure that the proposed building

site project, including the placement of manufactured homes, will be reasonably safe from

flooding.

(3) Review, approve or deny all applications for development permits required by adoption

of this code.

(4) Review permits for proposed development to assure that all necessary permits have been

obtained from those Federal, State or local governmental agencies (including Section 404 of the

Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior

approval is required.

(5) Where interpretation is needed as to the exact location of the boundaries of the areas of

special flood hazards (for example, where there appears to be a conflict between a mapped

boundary and actual field conditions) the Floodplain Administrator shall make the necessary

interpretation.

(6) Notify, in riverine situations, adjacent communities and the State Coordinating Agency

which is the Department of Transportation and Development, prior to any alteration or relocation

of a watercourse, and submit evidence of such notification to the Federal Emergency

Management Agency.

(7) Assure that the flood carrying capacity within the altered or relocated portion of any

watercourse is maintained.

(8) When base flood elevation data has not been provided in accordance with Article 3,

Section B, the Floodplain Administrator shall obtain, review and reasonably utilize any base

flood elevation data and floodway data available from a Federal, State or other source, in order to

administer the provisions of Article 5.

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SECTION C. PERMIT PROCEDURES

(1) Application for a Floodplain Development Permit shall be presented to the Floodplain

Administrator on forms furnished by him/her and may include, but not be limited to, plans in

duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape

alterations, existing and proposed structures, including the placement of manufactured homes,

and the location of the foregoing in relation to areas of special flood hazard. Additionally, the

following information is required:

(a) Elevation (in relation to mean sea level), of the lowest floor (including basement)

of all new and substantially improved structures;

(b) Elevation in relation to mean sea level to which any nonresidential structure shall

be floodproofed;

nonresidential floodproofed structure shall meet the floodproofing criteria of Article 5, Section B

(2);

(d) Description of the extent to which any watercourse or natural drainage will be

altered or relocated as a result of proposed development.

(e) Maintain a record of all such information in accordance with Article 4, Section

(B) (1).

(2) Approval or denial of a Floodplain Development Permit by the Floodplain

Administrator shall be based on all of the provisions of this code and the following relevant

factors:

(a) The danger to life and property due to flooding or erosion damage;

(b) The susceptibility of the proposed facility and its contents to flood damage and the

effect of such damage on the individual owner;

(d) The compatibility of the proposed use with existing and anticipated development;

(e) The safety of access to the property in times of flood for ordinary and emergency

vehicles;

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(f) The costs of providing governmental services during and after flood conditions

including maintenance and repair of streets and bridges, and public utilities and facilities such as

sewer, gas, electrical and water systems;

(g) The expected heights, velocity, duration, rate of rise and sediment transport of the

floodwaters and the effects of wave action, if applicable, expected at the site;

(h) The necessity to the facility of a waterfront location, where applicable;

(i) The availability of alternative locations, not subject to flooding or erosion damage,

for the proposed use.

SECTION D. VARIANCE PROCEDURES

(1) The Chitimacha Tribal Council shall hear and render judgment on requests for variances

from the requirements of this code.

(2) The Chitimacha Tribal Council shall hear and render judgment on an appeal only when

it is alleged there is an error in any requirement, decision, or determination made by the

Floodplain Administrator in the enforcement or administration of this code.

(3) The decision of the Chitimacha Tribal Council shall be final.

(4) The Floodplain Administrator shall maintain a record of all actions involving an appeal

and shall report variances to the Federal Emergency Management Agency upon request.

(5) Variances may be issued for the reconstruction, rehabilitation or restoration of structures

listed on the National Register of Historic Places the State Inventory of Historic Places, or any

list maintained and certified by the Chitimacha Tribe of Louisiana without regard to the

procedures set forth in the remainder of this code.

(6) Variances may be issued for new construction and substantial improvements to be

erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing

structures constructed below the base flood level, providing the relevant factors in Section C(2)

of this Article have been fully considered. As the lot size increases beyond the 1/2 acre, the

technical justification required for issuing the variance increases.

(7) Upon consideration of the factors noted above and the intent of this code, the Tribal

Council may attach such conditions to the granting of variances as it deems necessary to further

the purpose and objectives of this code (Article 1, Section C).

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(8) Variances shall not be issued within any designated floodway if any increase in flood

levels during the base flood discharge would result.

(9) Variances may be issued for the repair or rehabilitation of historic structures upon a

determination that the proposed repair or rehabilitation will not preclude the structure's continued

designation as a historic structure and the variance is the minimum necessary to preserve the

historic character and design of the structure.

(10) Prerequisites for granting variances:

(a) Variances shall only be issued upon a determination that the variance is the

minimum necessary, considering the flood hazard, to afford relief.

(b) Variances shall only be issued upon: (i) showing a good and sufficient cause; (ii) a

determination that failure to grant the variance would result in exceptional hardship to the

applicant, and (iii) a determination that the granting of a variance will not result in increased

flood heights, additional threats to public safety, extraordinary public expense, create nuisances,

cause fraud on or victimization of the public, or conflict with existing local laws or codes.

the structure will be permitted to be built with the lowest floor elevation below the base flood

elevation, and that the cost of flood insurance will be commensurate with the increased risk

resulting from the reduced lowest floor elevation.

(11) Variances may be issued by the Tribe for new construction and substantial

improvements and for other development necessary for the conduct of a functionally dependent

use provided that (i) the criteria outlined in Article 4, Section D (1)-(9) are met, and (ii) the

structure or other development is protected by methods that minimize flood damages during the

base flood and create no additional threats to public safety.

ARTICLE 5. PROVISIONS FOR FLOOD HAZARD REDUCTION

SECTION A. GENERAL STANDARDS

In all areas of special flood hazards the following provisions are required for all new

construction and substantial improvements:

(1) All new construction or substantial improvements shall be designed (or modified) and

adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting

from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

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(2) All new construction or substantial improvements shall be constructed by methods and

practices that minimize flood damage;

(3) All new construction or substantial improvements shall be constructed with materials

resistant to flood damage;

(4) All new construction or substantial improvements shall be constructed with electrical,

heating, ventilation, plumbing, and air conditioning equipment and other service facilities that

are designed and/or located so as to prevent water from entering or accumulating within the

components during conditions of flooding.

(5) All new and replacement water supply systems shall be designed to minimize or

eliminate infiltration of flood waters into the system;

(6) New and replacement sanitary sewage systems shall be designed to minimize or

eliminate infiltration of flood waters into the system and discharge from the systems into flood

waters; and,

(7) On-site waste disposal systems shall be located to avoid impairment to them or

contamination from them during flooding.

SECTION B. SPECIFIC STANDARDS

In all areas of special flood hazards where base flood elevation data has been provided as set

forth in (i) Article 3, Section B, (ii) Article 4, Section B (8), or (iii) Article 5, Section C (3), the

following provisions are required:

(1) Residential Construction - new construction and substantial improvement of any

residential structure shall have the lowest floor (including basement), elevated to or above the

base flood elevation. A registered professional engineer, architect, or land surveyor shall submit

a certification to the Floodplain Administrator that the standard of this subsection as proposed in

Article 4, Section C (1) a., is satisfied.

(2) Nonresidential Construction - new construction and substantial improvements of any

commercial, industrial or other nonresidential structure shall either have the lowest floor

(including basement) elevated to or above the base flood level or together with attendant utility

and sanitary facilities, be designed so that below the base flood level the structure is watertight

with walls substantially impermeable to the passage of water and with structural components

having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

A registered professional engineer or architect shall develop and/or review structural design,

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specifications, and plans for the construction, and shall certify that the design and methods of

construction are in accordance with accepted standards of practice as outlined in this subsection.

A record of such certification which includes the specific elevation (in relation to mean sea level)

to which such structures are floodproofed shall be maintained by the Floodplain Administrator.

(3) Enclosures - new construction and substantial improvements, with fully enclosed areas

below the lowest floor that are usable solely for parking of vehicles, building access or storage in

an area other than a basement and which are subject to flooding shall be designed to

automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and

exit of floodwaters. Designs for meeting this requirement must either be certified by a registered

professional engineer or architect or meet or exceed the following minimum criteria:

(a) A minimum of two openings on separate walls having a total net area of not less

than 1 square inch for every square foot of enclosed area subject to flooding shall be provided.

(b) The bottom of all openings shall be no higher than 1 foot above grade.

devices provided that they permit the automatic entry and exit of floodwaters.

(4) Manufactured Homes -

(a) Require that all manufactured homes to be placed within Zone A on a

community's FIRM shall be installed using methods and practices that minimize flood damage.

For the purposes of this requirement, manufactured homes must be elevated and anchored to

resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not

limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to

applicable State and local anchoring requirements for resisting wind forces.

(b) Require that manufactured homes that are placed or substantially improved within

Zones A1-30, AH, and AE on the community's FIRM on sites (i) outside of a manufactured

home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an

expansion to an existing manufactured home park or subdivision, or (iv) in an existing

manufactured home park or subdivision on which a manufactured home has incurred "substantial

damage" as a result of a flood, be elevated on a permanent foundation such that the bottom of the

longitudinal structural I beam of the manufactured home is elevated to or above the base flood

elevation and be securely anchored to an adequately anchored foundation system to resist

flotation, collapse, and lateral movement.

an existing manufactured home park or subdivision with Zones A1-30, AH and AE on the

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community's FIRM that are not subject to the provisions of paragraph (4) of this section be

elevated so that either:

(i) the bottom of the longitudinal structural I beam of the manufactured home is at

or above the base flood elevation, or

(ii) the manufactured home chassis is supported by reinforced piers or other

foundation elements of at least equivalent strength that are no less than 36 inches in height above

grade and be securely anchored to an adequately anchored foundation system to resist flotation,

collapse, and lateral movement.

SECTION C. STANDARDS FOR SUBDIVISION PROPOSALS

(1) All subdivision proposals including the placement of manufactured home parks and

subdivisions shall be consistent with Article 1, Sections B, C, and D of this code.

(2) All proposals for the development of subdivisions including the placement of

manufactured home parks and subdivisions shall meet Floodplain Development Permit

requirements of Article 3, Section C; Article 4, Section C; and the provisions of Article 5 of this

code.

(3) Base flood elevation data shall be generated for subdivision proposals and other

proposed development including the placement of manufactured home parks and subdivisions

which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to

Article 3, Section B or Article 4, Section B (8) of this code.

(4) All subdivision proposals including the placement of manufactured home parks and

subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.

(5) All subdivision proposals including the placement of manufactured home parks and

subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water

systems located and constructed to minimize or eliminate flood damage.

SECTION D. SEVERABILITY

If any section, clause, sentence, or phrase of this Code is held to be invalid or unconstitutional by

any court of competent jurisdiction, then said holding shall in no way affect the validity of the

remaining portions of this Code.

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SECTION E. PENALTIES FOR NON COMPLIANCE

(1) Any structure constructed, altered, repaired or maintained in violation of this Code is

hereby declared to be a nuisance per se and the Chitimacha Tribe of Louisiana may institute

proceedings in the Chitimacha Tribal Court for the purposes of restraining any violation of any

provisions of this Code.

(2) Violations of this Code by failure to comply with any of its requirements (including any

violations of conditions or safeguards established in connection with conditions) shall also be

punishable by a fine to be determined by the Chitimacha Tribal Court not to exceed one thousand

dollars ($1,000.00).

(3) Violations of this Code by failure to comply with any of its requirements (including any

violations of conditions or safeguards established in connection with conditions) may also result

in the offender losing the privilege to participate in the National Flood Insurance Program.

(4) It shall be the duty of all architects, contractors, subcontractors, builders and other

persons having charge of the erecting, altering, changing, or remodeling of any building or

structure, including mobile homes, before beginning or undertaking any such work to see that a

proper permit has been granted and that such work does not conflict with and is not a violation of

the terms of this Code; and any such architect, builder, contractor or other person doing or

performing such work of erecting, repairing, altering, changing, or remodeling without such

permit having been issued or in violation of, or in conflict with, the terms of this Code shall be

punishable in the same manner and to the extent as the owner of the premises or the person or

persons for whom such buildings are erected, repaired, altered, changed or remodeled in

violation of this Code and shall be held accountable for such violation.

(5) Each day that a violation is permitted to exist shall constitute a separate offense. The

imposition of any fine shall not exempt the offender from compliance with the requirements of

this Code.

(6) In addition to the foregoing, the violator shall pay all costs and expenses involved in the

case. Nothing in the code shall be construed to prevent the Tribe from taking such other lawful

actions as is necessary to prevent or remedy any violation.

SECTION F. ENFORCEMENT PROCEEDINGS IN CHITIMACHA TRIBAL COURT

(1) Jurisdiction: The Chitimacha Tribal Court shall have jurisdiction over any person

alleged to have committed a violation of this Code.

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(2) Initiating Enforcement Action in Tribal Court: The Chitimacha Tribe of Louisiana,

acting through its Chief Administrative Officer or a person designated by the Chief

Administrative Officer, may initiate a proceeding in Chitimacha Tribal Court according to the

following procedures:

(a) The Chief Administrative Officer must serve the alleged offender with a citation

that includes:

(i) The name and address of the party being cited;

(ii) The provision of this Code allegedly violated;

(iii) A brief description of the violation; and

(iv) The relief requested.

(b) The Chief Administrative Officer shall file proof of service, the citation, and any

evidence that may support the citation, with the Chitimacha Tribal Court. The Chief

Administrative Officer shall serve the summons issued by the Chitimacha Tribal Court at least

seven days prior to the hearing date identified in the summons.

the Chief Administrative Officer may amend the citation and the relief requested therein,

provided that the amended citation is served on the alleged offender and filed with the

Chitimacha Tribal Court.

(d) At any time before the Chitimacha Tribal Court makes a final decision on the

offenses alleged in the citation, the Chief Administrative Officer may in his or her discretion

withdraw the citation, which shall result in the citation being dismissed with prejudice. Said

withdraw must be in writing, filed with the Chitimacha Tribal Court, and served on the alleged

offender.

(3) Proceedings for Tribal Court Enforcement Action: A proceeding initiated in the

Chitimacha Tribal Court shall be held in accordance with the following:

(a) No later than seven days after the citation is filed, the Clerk of Court must place

the matter on for hearing and issue a summons that identifies the date, time, and place of the

hearing. The Clerk of Court shall notify the Chief Administrative Officer that the summons has

been issued within three days of its issuance. The hearing shall be scheduled no less than

fourteen and no more than thirty days from the day the summons was issued. The summons

must include a statement notifying the alleged offender that failure to appear at the time, date,

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and place identified in the summons may result in default judgment against him or her and an

award by the Chitimacha Tribal Court for the relief requested in the citation.

(b) The alleged offender is not required to file an answer. Unless the alleged

offender affirmatively admits an allegation, he or she shall be presumed to have denied all

allegations in the citation.

(i) the Chitimacha Rules of Evidence shall not apply, but the Chitimacha Tribal Court

may in its discretion issue an order governing the admission or non-admission of evidence at the

hearing, provided that said order is issued and served on the parties not less than seven days prior

to the hearing; and

(ii) the alleged offender may answer the citation, all alleged offenses therein, and

confront any witness or evidence submitted by the Tribe against him or her.

(d) Upon review of the record and any testimony provided at the hearing, the

Chitimacha Tribal Court shall issue a final order that decides whether any violation alleged in the

citation was committed by the alleged offender. If a violation was committed, the order shall

grant any relief that is authorized by this Code and requested by the Chief Administrative Officer

in the citation. If a violation was not committed, the final order shall dismiss the citation with

prejudice. The Chitimacha Tribal Court shall serve the final order on the parties no later than

seven days after the final order is issued.

(4) Appeals under this Section F: The Chitimacha Court of Appeals shall have jurisdiction

to hear an appeal from a final order issued by the Chitimacha Tribal Court pursuant to Section F

of this Code, subject to the following:

(a) Only the Chief Administrative Officer or the party named in a citation may

appeal a final order issued by the Chitimacha Tribal Court. Notice of the Appeal must be filed

no later than thirty days after the date the final order was issued.

(b) The Clerk of Court for the Chitimacha Tribal Court shall transmit the record

underlying the Chitimacha Tribal Court’s final order to the Court of Appeals no later than

fourteen days after the date the Notice of the Appeal was filed. The Chitimacha Court of

Appeals shall accept the record that the Chitimacha Tribal Court relied on to issue its final order,

except that the Chitimacha Court of Appeals may set aside any finding made by the Chitimacha

Tribal Court that is unsupported by the evidence.

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issue a briefing schedule establishing the deadlines for filing briefs and the oral argument date, if

any. In order to set a briefing schedule, the Chitimacha Court of Appeals may schedule a

conference.

(d) The Chitimacha Court of Appeals’ jurisdiction under this Section F is limited to

determining whether the final order is arbitrary and capricious or contrary to this Code or the

Constitution of the Chitimacha Tribe of Louisiana.

(e) Upon reviewing the record and hearing oral arguments, if any, the Chitimacha

Court of Appeals shall issue a decision. The Chitimacha Court of Appeals may only decide as

follows:

(i) Ifthe Chitimacha Court of Appeals concludes that the final order is arbitrary and

capricious or contrary to the applicable law, it may modify the final order, in which case the

order is final and not subject to further review, or it may reverse and remand the final order to the

Chitimacha Tribal Court for further proceedings.

(ii) If the Chitimacha Court of Appeals concludes that the final order is not arbitrary

and capricious and is not contrary to the applicable law, it shall affirm the final order.

SECTION G. ADMINISTRATIVE ENFORCEMENT OF VIOLATIONS

(1) The Chitimacha Tribe of Louisiana, through its Chief Administrative Officer, in his or

her discretion, may enforce a potential violation under this Section G notwithstanding the

enforcement procedures identified in Section F.

(2) The Chief Administrative Officer may investigate alleged violations of this Code and, if

warranted and based on said investigation, issue and serve on the alleged offender a written

citation that includes:

(a) The name and address of the party being cited;

(b) The provision of this Code allegedly violated;

(d) The evidence relied on to support the decision;

(e) The penalty proposed; and

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Chitimacha Comprehensive Codes of Justice Title XXV

Adopted: December 5, 1989; Effective: August 14, 1990 Page 21

(f) The date and time that the party can meet with the Chief Administrative Officer to

respond to the citation.

(3) The alleged offender shall have an opportunity to contest the allegations in the citation

by meeting in-person with the Chief Administrative Officer. At this in-person meeting, the

alleged offender may contest the allegations in the citation and submit any evidence he or she

deems appropriate. The in-person meeting shall be scheduled no earlier than seven days and no

later than thirty days after the date of the citation’s service.

(4) The Chief Administrative Officer shall keep a record of all evidence used to support or

contest the citation.

(5) After the in-person meeting required under Section G(3), the Chief Administrative

Officer shall issue a written final order that either dismisses the citation with prejudice or

determines that the alleged offender violated the Code and describes the justification for that

determination. The Chief Administrative Officer shall serve the final order on the party named

in the citation no later than seven days after the final order is issued.

(6) Ifthe Chief Administrative Officer issues a final order determining that a person

violated this Code, the offender shall not be entitled to the privileges and benefits afforded under

the National Flood Insurance Program until the offender cures or remedies the violation, as

determined by the Chief Administrative Officer. Such a final order may not impose any other

penalty. Nothing in this Section G(6) shall preclude or otherwise limit the Chief Administrative

Officer’s authority to enforce a violation of this Code under Section F.

(7) Appeals under this Section G: The Chitimacha Tribal Court shall have jurisdiction to

hear an appeal from a final order issued by the Chief Administrative Officer pursuant to Section

G of this Code, subject to the following:

(a) Only the party named in a citation may appeal a final order issued by the Chief

Administrative Officer. Notice of the Appeal must be filed no later than thirty days after the date

the final order was issued.

(b) The Chief Administrative Officer shall transmit the record underlying the final

order to the Chitimacha Tribal Court no later than fourteen days after the date the Notice of the

Appeal was filed. The Chitimacha Tribal Court shall accept the record that the Chief

Administrative Officer relied on to issue its final order, except that the Chitimacha Tribal Court

may set aside any finding made by the Chief Administrative Officer that is unsupported by the

evidence or may augment the record if the appellant can demonstrate by clear and convincing

evidence that relevant evidence was excluded from the record transmitted under this

Subparagraph G(7)(b).

Chitimacha Comprehensive Codes of Justice Title XXV

Adopted: December 5, 1989; Effective: August 14, 1990 Page 22

a briefing schedule establishing the deadlines for filing briefs and the oral argument date, if any.

In order to set a briefing schedule, the Chitimacha Tribal Court may schedule a conference with

the parties.

(d) The Chitimacha Tribal Court’s jurisdiction under this Section G is limited to

determining whether the final order is arbitrary and capricious or contrary to this Code or the

Constitution of the Chitimacha Tribe of Louisiana.

(e) Upon reviewing the record and hearing oral arguments, if any, the Chitimacha

Tribal Court shall issue a decision. The Chitimacha Tribal Court may only decide as follows:

(i) Ifthe Chitimacha Tribal Court concludes that the final order is arbitrary and

capricious or contrary to the applicable law, it may modify the final order, in which case the

order is final and not subject to further review, or it may reverse and remand the final order to the

Chief Administrative Officer for further proceedings.

(ii) Ifthe Chitimacha Tribal Court concludes that the final order is not arbitrary and

capricious and is not contrary to the applicable law, it shall affirm the final order.

SECTION H. CERTIFICATION OF ADOPTION

This Flood Damage Prevention Code is adopted as of February 7, 2019.

approven: =’) oo TY L019

PASSED: Pa ai vi 12 d/ q

CODE BECOMES ERFROPIVE: ty WV duADus [ a) G

I, the undersigned, Jacqueline Junca, do hereby verti) dot the above is a true and correct copy

of a code duly adopted by the Chitimacha Tribe of Louisiana, at a regular meeting duly convened

on February 7, 2019.

Ch bia /ylk oF

Ve) if ty ul aA

Sfenatrs of Certifying Official

‘ v V

Seal

Chitimacha Comprehensive Codes of Justice Thereby certify that the foregoing isa true Title XXV

Adopted: December 5, 1989; Effective: August 14, 1990 and correct copy of the original on file in the Page 23

records of the Chitimacha Tribal Council.

Dated this ] day of

Secretary/Trégsurer of the

Chitimacha }fibal Council

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.