# FLOODPLAIN AND DRAINAGE (2026)

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## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

Chapter 17.5
FLOODPLAIN AND DRAINAGE
Sec. 17.5-1.
Sec. 17.5-2.
Sec. 17.5-3.
Sec. 17.5-4.
Sec. 17.5-5.
Sec. 17.5-6.
Sec. 17.5-7.
Sec. 17.5-8.
Sec. 17.5-9.
Sec. 17.5-10.
Sec. 17.5-11.
Sec. 17.5-12.

Requirements and regulations established; short title.
Definitions.
The floodplain administrator.
Appeals and variances.
Interpretation.
Warning and disclaimer of liability.
Prohibited development.
Development requirements to be met for issuance of a permit.
Requirement for certifications and required permits.
Obstruction of a waterway prohibited.
Removal of obstructions.
Penalties.

CD17.5:1

FLOODPLAIN AND DRAINAGE

Sec. 17.5-1. Requirements and regulations
established; short title.
(a) It is the purpose of this chapter to establish
requirements and regulations pertaining to the
use and development of land in the Community
which will minimize the occurrence of losses,
hazards and conditions adversely affecting the
public health, safety and general welfare which
might result from flooding caused by the surface
runoff of rainfall.

§ 17.5-2

Flood or flooding means a general and temporary condition of partial or complete inundation of
normally dry land areas from:

(b) This chapter may be referred to as the
floodplain and drainage ordinance.
(Code 1981, § 17.5-1; Code 2012, § 17.5-1; Ord. No.
SRO-185-95, § A, 10-26-1994; Ord. No. SRO-4022012, § 17.5-1, 5-30-2012)
Sec. 17.5-2. Definitions.

(1)

The overflow of floodwaters;

(2)

The unusual and rapid accumulation or
runoff of surface waters from any source;
and/or

(3)

The collapse or subsidence of land along
the shore of a lake or other body of water
as a result of erosion or undermining
caused by waves or currents of water
exceeding anticipated cyclical levels or
suddenly caused by an unusually high
water level in a natural body of water,
accompanied by a severe storm, or by an
unanticipated force of nature, such as
flash flood, or by some similarly unusual
and unforeseeable event which results in
flooding as defined in this definition.

Unless specifically defined as follows, words or
phrases used in this chapter shall be interpreted
so as to give them the meaning they have in
common usage and to give this chapter its most
reasonable application:

Floodplain or floodprone area means any land
area susceptible to being inundated by water from
any source.

Appeal means a request for a review of the
floodplain administrator's interpretation of any
provision of this chapter or a request for a variance.

Floodplain administrator means the Community development director or designee who is
authorized by this chapter to administer its provisions.

Base flood means the flood having a one percent chance of being equaled or exceeded in any
given year. This is also called a 100-year flood.
Basement means the lowest level or story of a
structure which has its floor subgrade on all sides.
Construction means new construction of or
substantial improvements to a structure.
Detention basin means a hydraulic structure
similar to a reservoir that intercepts and retards
or detains stormwater and is specifically designed
to attenuate or dampen peak discharge rates.
Development means any manmade change to
improved or unimproved real estate, including
but not limited to construction, mining, excavation, filling, grading, paving or farming.
Environmentally sensitive lands means environmentally sensitive lands as defined in regulations adopted pursuant to this chapter.

Floodproofing or flood protection means any
combination of structural and nonstructural additions, changes, or adjustments to structures,
including utility and sanitary facilities, which
would preclude the entry of water. The structure
must be watertight, with walls which are substantially impermeable to the passage of water. Structural components shall have the capability of
resisting hydrostatic and hydrodynamic loads and
the effect of buoyancy.
Floodway means the channel of a river or other
watercourse and the adjacent land areas necessary in order to discharge the 100-year flood
without cumulatively increasing the water surface elevation more than one foot above the base
floodwater surface elevation.
Grading means an excavation or filling of land
or combination thereof.
Lowest floor means the lowest floor of the
lowest enclosed area (including basement). An

CD17.5:3

§ 17.5-2

COMMUNITY CODE OF ORDINANCES

unfinished or flood resistant enclosure, usable
solely for parking of 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 nonelevation design requirements of this chapter.
Natural areas means those areas within environmentally sensitive areas which are required to
be retained in a natural state, including areas
stipulated as such through the zoning process.
Special conditions relating to environmentally
sensitive lands will apply to such natural areas.

clude 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.
Structure means a walled and roofed building
or a gas or liquid storage tank that is principally
above ground. The term "structure" includes, but
is not limited to, houses, commercial buildings,
factories, storage buildings, mobile homes and
similar structures.
Substantial improvement.
(1)

Regulatory base flood elevation means the water surface elevation of the base flood.
Regulatory floodway means the channel of a
wash or other watercourse and the adjacent land
areas that must be reserved in order to discharge
the base flood without raising the water surface
elevation more than one foot above the base
floodwater surface elevation.
Residential structure means a place of residence and may be a single-family or multifamily
dwelling.

a.

Improvement is started; or

b.

Damage occurred, if the structure
has been damaged and is being restored.

For the purposes of this subsection of this
definition, substantial improvement is considered to occur when the first alteration
of any wall, ceiling, floor or other structural part of the building commences,
whether or not that alteration affects the
external dimensions of the structure.

Retention basin means a hydraulic structure
similar to a reservoir that intercepts and stores
stormwater and is specifically designed to be
drained to the underground or to be emptied by
evaporation to the atmosphere.
Start of construction for purposes of this chapter only, includes substantial improvement, and
means the date the building permit was issued,
provided the actual start of construction, repair,
reconstruction, 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 a basement, footings, piers, or foundations or
the erection of temporary forms; nor does it in-

The term "substantial improvement"
means any repair, reconstruction or improvement of a structure, the cost of which
equals or exceeds 50 percent of the market value of the structure either before
the:

(2)

The term "substantial improvement does
not include any alteration to comply with
existing local health, sanitary, building or
safety codes or regulations which are solely
necessary to ensure safe living conditions.

Variance means a grant of relief from some of
the requirements of this chapter which permits
construction in a manner that would otherwise be
prohibited by this chapter.
Waste disposal system means any system of
disposing of worthless materials and useless
byproducts, either sanitary or commercial or industrial, except: existing single-family septic systems and sanitary sewer pipe lines.
Watercourse means a lake, river, creek, stream,
wash, arroyo, channel or other topographic feature on or over which waters flow at least period-

CD17.5:4

FLOODPLAIN AND DRAINAGE

ically. The term "watercourse" includes specifically designated areas in which substantial flood
damage may occur.
(Code 1981, § 17.5-2; Code 2012, § 17.5-2; Ord. No.
SRO-185-95, § B, 10-26-1994; Ord. No. SRO-4022012, § 17.5-2, 5-30-2012)
Sec. 17.5-3. The floodplain administrator.
(a) Designated. The Community development
department director or designee shall be the floodplain administrator.
(b) Responsibilities. It is the responsibility of
the floodplain administrator or his or her authorized representative to do the following:
(1)

Review all applications for development
permits and ensure that the requirements of this chapter are enforced.

(2)

Take action on violations of the regulations in this chapter.

(3)

Review proposed development documents
to ensure that necessary permits required
by section 404 of the Clean Water Act (33
USC 1344) have been obtained for such
development prior to issuance of any development permits.

(4)

Administer the processing of requests for
a variance from the requirements of this
chapter, maintain records of all actions
taken.
(Code 1981, § 17.5-3; Code 2012, § 17.5-3; Ord. No.
SRO-185-95, § C, 10-26-1994; Ord. No. SRO-4022012, § 17.5-3, 5-30-2012)
Sec. 17.5-4. Appeals and variances.
(a) A person may appeal to the Community
Council for a variance or for a judgment on the
interpretation of this chapter. The Community
Council upon the recommendation of the land
management board may grant a variance if conditions would not be created by the variance
which would result in danger or damage to persons or property and if strict application of the
regulations would deprive the property owner of
privileges enjoyed by similar property in the floodplain. The subsections of this section describe the
conditions applicable to the granting of a variance.

§ 17.5-5

(b) A variance shall not be granted for property within a regulatory floodway if the water
surface elevation during a base flood discharge
would result in an increase in water surface
elevation greater than one foot.
(c) A variance may be granted in conformance
with subsections (d), (e) and (f) of this section for
new construction and substantial improvements
to be erected on a lot of one-half acre or less in size
contiguous to and surrounded by lots with existing structures with lowest floors constructed below the base flood level.
(d) A variance shall only be granted upon the
determination of the following: Granting the variance will not allow conditions to be created which
result in increased floodwater heights, additional
threats to public safety, extraordinary public expense, the creation of nuisances, the causing of
fraud or victimization of the public, or conflict
with other laws or ordinances.
(e) A variance shall only be granted upon a
determination that the variance is the minimum
necessary, considering the flood hazard, to afford
relief for the applicant.
(f) The floodplain administrator shall notify
the applicant in writing that the following condition will exist as a result of the variance.
(1)

Construction of a lowest floor below the
base flood level will result in increased
premium rates for flood insurance.

(2)

Construction below the base flood level
increases risks to life and property.

(g) While the granting of variances generally
is limited to a lot size less than one-half acre,
deviations from this limit may be considered by
the floodplain administrator; however, as the lot
size is increased beyond one-half acre, the technical justifications required for a variance must be
more detailed and comprehensive.
(Code 1981, § 17.5-4; Code 2012, § 17.5-4; Ord. No.
SRO-185-95, § D, 10-26-1994; Ord. No. SRO-4022012, § 17.5-4, 5-30-2012)
Sec. 17.5-5. Interpretation.
In the interpretation and application of this
chapter, all provisions shall be:

CD17.5:5

(1)

Considered as minimum requirements;

§ 17.5-5

(2)

COMMUNITY CODE OF ORDINANCES

Liberally construed in favor of the Community; and

(3)

Deemed neither to limit or repeal any
other powers granted under law.
(Code 1981, § 17.5-5; Code 2012, § 17.5-5; Ord. No.
SRO-185-95, § E, 10-26-1994; Ord. No. SRO-4022012, § 17.5-5, 5-30-2012)

Sec. 17.5-6. Warning and disclaimer of liability.
The degree of flood protection provided by the
requirements in this chapter is considered reasonable for regulatory purposes and is based on
scientific and engineering considerations. Floods
larger than the base flood can and will occur on
rare occasions. Floodwater heights may be increased by manmade or natural causes. This
chapter 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 chapter shall not create liability on the part of the Community, any officer or
employee thereof, or the federal government for
any flood damages that result from reliance on
this chapter or any administrative decision lawfully made thereunder.
(Code 1981, § 17.5-6; Code 2012, § 17.5-6; Ord. No.
SRO-185-95, § F, 10-26-1994; Ord. No. SRO-4022012, § 17.5-6, 5-30-2012)

(b) Waste disposal systems shall not be installed wholly or partially in a floodway and/or a
regulatory floodway. Replacement of existing systems will be reviewed on an individual basis and
may be granted a variance.
(Code 1981, § 17.5-7; Code 2012, § 17.5-7; Ord. No.
SRO-185-95, § G, 10-26-1994; Ord. No. SRO-4022012, § 17.5-7, 5-30-2012)
Sec. 17.5-8. Development requirements to be
met for issuance of a permit.
Prior to the issuance of a permit by the Community for development on private property or for
work in the public rights-of-way, the applicant for
the permit shall furnish the floodplain administrator information as required to determine that
all proposed building sites will be reasonably safe
from flooding and sufficient data to enable the
Community development department to determine that the proposed work is not of such a scope
that it would be prohibited in accordance with
subsections (1) and (2) of this section. Reports,
construction plans, and other data submitted in
support of an application for a permit shall comply with the following criteria:

Sec. 17.5-7. Prohibited development.
(a) A development is prohibited if it would
create hazards to life or property by increasing
the potential for flooding either on the property to
be developed or on adjacent property or to any
other property. A watercourse may not be altered.
Alteration within the meaning of this section
includes, but is not limited to: Encroachments,
fill, new construction, substantial improvements
to existing developments, and other construction
within a watercourse, unless a professional engineer certifies that the alterations will not increase
flooding hazards within, upstream or downstream
of the altered portion of the watercourse.

CD17.5:6

(1)

Drainage reports. When a drainage report
is required, it must be prepared and sealed
by a civil engineer registered as a professional engineer in the State of Arizona,
and it must be prepared in accordance
with the criteria established by the Community. The purpose of the report is to
analyze the effect that a proposed development would have upon the rainfall runoff in the vicinity of the development, to
provide data to ensure that the development is designed to be protected from
flooding, to provide data to ensure that
the development is to be designed to minimize flooding and to provide data supporting the design of facilities to be constructed for the management of rainfall
runoff. Each drainage report must consider rainfall runoff from storms with a
return frequency up to and including a
100-year storm. The complexity of the
report depends upon the nature of the
development and the site on which the

FLOODPLAIN AND DRAINAGE

development will occur. A drainage report
shall be submitted by an applicant requesting one of the following:

(2)

a.

A permit for grading, unless the requirement is waived by the floodplain administrator.

b.

A permit to construct right-of-way
improvements.

c.

A permit to construct any structure,
except that a report will not be required if the structure is to be a
single-family residential structure to
be built without a basement and to
be located at a site which the floodplain administrator has determined
will not be in the vicinity of a watercourse in which the flow of rainfall
runoff might be hazardous to the
structure or its occupants.

Drainage characteristics. Rainfall runoff
from storms of all return frequencies should
enter and depart from property after its
development in substantially the same
manner as under predevelopment conditions. Any proposals to modify drainage
characteristics must be fully justified by
engineering data which shall demonstrate to the floodplain administrator that
hazards to life and property will not be
increased by the proposed modifications.
As a minimum, drainage and flood control
easements will be dedicated to the Community to the extent of the estimated
100-year flood for all watercourses having
a capacity of 25 cubic feet per second or
greater, and the development shall be
responsible for the maintenance of the
watercourse. Exceptions to this regulation will be for environmentally sensitive
lands and other areas covered by master
drainage plans or other provisions of this
chapter which ensure that the standards
established by this section are met. Any
proposed modification must be compatible
with environmentally sensitive lands criteria.

CD17.5:7

(3)

§ 17.5-8

Street crossings at natural or manmade
drainage channels.
a.

The crossing structure requirements
listed herein will normally apply;
however, the engineer may depart
from these requirements if he or she
can demonstrate to the floodplain
administrator's satisfaction that they
are inappropriate because of the type
of development or the nature of the
terrain or because the requirements
violate environmentally sensitive land
ordinances. In extreme cases it may
be necessary to allow for the entire
channel flow to pass over the road.
1.

Local and minor collector streets
shall have a culvert or bridge
which is capable of carrying all
of the peak flow of runoff from a
ten-year frequency storm beneath the roadway and which
is also capable of carrying
enough of the peak flow of runoff from a 25-year frequency
storm beneath the road so that
the portion of the flow over the
road is no more than six inches
deep.

2.

Major collector and major or
minor arterial streets shall have
a culvert or bridge which is
capable of carrying all of the
peak flow of runoff from a 50year frequency storm beneath
the roadway and which is also
capable of carrying enough of
the peak flow of runoff from a
100-year frequency storm so that
the portion of the flow over the
road is no more than six inches
deep.

3.

Watercourse crossings for roads
shall be designated so that all
lots and structures within a
development will be accessible
from the boundary of that development by at least one route
during the period of peak flow
of runoff from a 100-year fre-

§ 17.5-8

(4)

(5)

COMMUNITY CODE OF ORDINANCES

quency storm. The boundary
shall include any adjacent street
or streets. Accessibility will be
considered to exist if it can be
demonstrated by the engineer
that at the time of the peak
flow the depth of flow over the
road will be no greater than
one foot.
b.
Regardless of the size of the culvert
or bridge, the street crossing should
be designed to convey the 100-year
storm runoff flow under and/or over
the road to the area downstream of
the crossing to which the flow would
have gone in the absence of the street
crossing. The construction of a channel crossing must not cause the diversion of the drainage flows except
when that diversion is part of an
approved plan for modification of
drainage patterns.
Streets as water carriers. It is expected
that streets will carry water from adjacent property and from local areas, but
they are not to be used as major water
carriers in lieu of natural washes or
manmade channels. The maximum depth
for water flowing in any street shall be
eight inches during the peak runoff from a
100-year frequency storm. The above requirements imply that in some cases water may flow deeper than a normal vertical curb height and may flow for a short
distance over sidewalk or other back-ofcurb areas, but the flow of the water shall
always be confined to the road right-ofway or to drainage easements. Particular
care must be taken in street sag locations
to ensure that these requirements are
met. Catchbasins, scuppers or similar facilities, together with the necessary channels, must be provided at appropriate
locations to remove water flowing in the
streets so as not to exceed the above
described depth limit.
Design procedures and criteria. The design procedures and criteria to be used
shall be in accordance with those prepared and published by the Community.

CD17.5:8

(6)

Lowest floor elevations in residential structures.
a.

b.

New residential structures (single or
multifamily) shall be constructed according to one of the two following
requirements:
1.

The lowest floor shall be constructed at an elevation which
is a minimum of one foot above
the base floodwater surface elevation. In all cases the finished floor elevation shall be a
minimum of 14 inches above
the lot outfall elevation.

2.

The lowest floor may be constructed below the base floodwater surface elevation, but
floodproofing shall be provided
for the structure to an elevation which is at least one foot
above the base floodwater surface elevation. In all cases the
finished floor elevation shall be
a minimum of 14 inches above
the lot outfall elevation.

In those single-family residential
structures which are to be built without a basement and located at a site
which the floodplain administrator
has determined will not be in the
vicinity of a watercourse in which
the flow of rainfall runoff might be
hazardous to the structure or its
occupants, the elevation of the lowest floor may be established by the
method described in this subsection
as follows: The floor elevations chosen for the residence may be indicated on a topographic plan of the
building site parcel which shows the
construction pad site and any grading proposed on the parcel. This plan
must be prepared and sealed by a
civil engineer or architect registered
as a professional engineer or architect in the State of Arizona. The floor
elevations indicated on the plan are
to be elevations certified by the engineer or architect sufficiently high

FLOODPLAIN AND DRAINAGE

to provide protection during the base
flood in the event of flooding caused
by a 100-year storm.
(7)

Lowest floor elevations in nonresidential
structures.
a.

b.

New nonresidential structure or the
substantial improvement of an existing nonresidential structure shall be
constructed according to one of the
following requirements:
1.

The lowest floor shall be constructed at an elevation which
is at or above the base floodwater surface elevation.

2.

The lowest floor may be constructed below the elevation of
the base floodwater surface elevation but floodproofing shall
be provided for the structure to
an elevation which is at least
as high as the base floodwater
surface elevation.

Adequate drainage paths must be
constructed to guide floodwaters
around and away from the structures.

(8)

Reference to regulatory base floodwater
surface elevations on development plans.
The grading and drainage plans for any
development adjacent to a regulatory
floodway and the grading and drainage
plans for any development which proposes to modify an existing regulatory
floodway as a part of the development
must indicate the base floodwater surface
elevations.

(9)

Information pertaining to flood protection
to be placed on building plans. The following subsections describe requirements for
information which shall be placed on building plans for both residential and nonresidential structures. Depending upon the
type of structure and its location, one or
more of the subsections will apply:
a.

The proposed elevation of the lowest
floor must be shown, regardless of
the type of structure or its location.

CD17.5:9

§ 17.5-8

b.

If the structure is to be built in a
regulatory floodway, the base floodwater surface elevation must be
shown.

c.

If the structure is to be floodproofed,
the elevation to which the floodproofing will be provided must be shown.

(10) Minimizing the potential for flood damage. Within any area of the Community
where the floodplain administrator determines that the land is subject to flooding,
all development, including substantial improvements to structures, must meet the
following requirements:
a.

All structures shall be anchored to
their foundations to prevent flotation, collapse, or lateral movement.

b.

Building construction materials and
utility system equipment shall be
resistant to flood damage.

c.

The construction methods and practices shall be those which minimize
flood damage.

d.

Multiple occupancy developments
such as subdivisions, shopping centers, etc., shall have their public
utility systems such as sewer, water,
gas and electric lines and their associated facilities located and constructed in a manner to minimize or
eliminate the potential for flood damage. The developments must be constructed with drainage systems which
will minimize the exposure to flood
damage.

e.

New and replacement water supply
systems shall be designated and constructed to minimize or eliminate
infiltration of floodwater into the systems.

f.

New and replacement sanitary sewage systems shall be designed and
constructed to minimize or eliminate
infiltration of floodwaters into the
systems and the discharge of sewage
into the floodwaters.

§ 17.5-8

COMMUNITY CODE OF ORDINANCES

(11) Stormwater detention or retention storage
facilities.
a.
Except as noted below, development
of all land within the Community
must include provisions for the management of stormwater runoff from
the property which is to be developed. This management shall consist of constructing stormwater storage facilities which includes detention
basins. Stormwater storage facilities
will provide reduced peak rates of
outlet flow from the developed property onto downstream property in
comparison to the peak rates of runoff flow from the same property under natural conditions with no development. As a minimum, all
development will make provisions to
store runoff from rainfall events up
to and including the 100-year twohour duration event. If a suitable
outlet for a detention basin is not
available, or if engineering analysis
indicates that available outlet systems would be overtaxed by a detention basin outflow a retention basin
may be constructed in lieu of a detention basin. The requirement for
construction of a detention system or
a retention basin may be waived in
the following cases:
1.
The runoff has been included in
a storage facility at another location.
2.
An application for a building
permit to construct a singlefamily residential structure.
3.
Development adjacent to a
floodway or a watercourse drainage channel which has been
determined by the Community
development department using
engineering analyses provided
by the development to have been
designed and constructed to
handle the additional runoff flow
without increasing the potential for flood damage on any
other downstream property.

CD17.5:10

4.

Development of a parcel under
one-half acre in an area where
it can be demonstrated by engineering analyses that no significant increase in the potential
for flood damage will be created
by the development.

If storage is waived, the development shall be required to contribute
to the cost of public drainage works
on the basis of runoff contribution.
b.

Stormwater storage facilities shall
be designed and constructed according to the procedures and criteria
established by the Community including the following:
1.

The extent of the area to be
used to estimate development
storage requirements is the entire proposed development including: streets, alleys, easements and rights-of-way, and
one-half or other fractional parts
of streets, alleys, easements and
rights-of-way.

2.

If possible, storage facilities are
to be located so they can intercept the flow from the entire
development.

3.

If portions of the area cannot
drain to a primary storage facility then additional facilities
are to be added for these additional areas as approved by the
director of the Community development department. These
facilities may include individual lot retention.

4.

No stormwater storage facility
shall detain or retain standing
water longer than 36 hours if
the basin has not been designed and constructed to be a
permanent body of water with
appropriate health, safety, and
water quality measures for such
a body of water.

FLOODPLAIN AND DRAINAGE

c.

Stormwater storage facilities are to
be drained by either controlled bleedoff, discharge pump and, in limited
cases, by infiltration or dry well or
injection wells. Controlled bleed-off
or pumping to a recognized watercourse is the preferred method. Methods
which
discharge
stored
stormwater to the underground must
be approved by the floodplain administrator.

(12) Parking in flood hazard areas. Parking
areas shall be permitted within regulatory floodways provided that there will be
no overnight parking, that there will be
no unattended vehicles, and that there
will be no obstruction to the natural flow
of water.
a.

Overnight parking shall be considered to exist when a vehicle is left
unattended during the hours from
sunset to sunrise.

b.

The term "unattended" means that
the owner or authorized driver cannot reasonably be expected to be
available to remove the vehicle before flooding occurs.

Whenever parking is permitted within
regulatory floodways, warning signs shall
be posted by the parking area owner to
indicate that the parking area is subject
to flooding.
(13) Special considerations in environmentally
sensitive land areas.
a.

Existing watercourses with a capacity of 50 cubic feet per second or
greater, disregarding any estimated
peak discharge values, shall be maintained in their natural state unless
it is determined that alterations are
required to meet other provisions of
this chapter.

b.

A drainage and flood control easement will be dedicated to the Community which encompasses the area
required to convey the base flood in
the watercourse.

§ 17.5-9

c.

Road-wash crossings may disrupt the
natural channel beyond the right-ofway limits if engineering investigations determine the need, and are
approved by the director of project
review.
d.
Stormwater storage facilities may
not be required in areas zoned for
environmentally sensitive development if the Community staff determines that such facilities cannot be
built without conflicting with the
Community's environmentally sensitive lands ordinance requirements.
If on-site stormwater storage facilities requirements are waived, the
development may be required to contribute to the cost of public drainage
works at another location on the
basis of runoff contribution.
e.
All drainage structures and detention facilities shall be constructed in
such a manner as to minimize the
impact on the natural environment,
promote recharge and when finished, shall be revegetated to be compatible with nearby natural areas.
(Code 1981, § 17.5-8; Code 2012, § 17.5-8; Ord. No.
SRO-185-95, § H, 10-26-1994; Ord. No. SRO-4022012, § 17.5-8, 5-30-2012)
Sec. 17.5-9. Requirement for certifications
and required permits.
Before the Community will make a final inspection and grant a utility clearance for a singlefamily residential structure built in a regulatory
floodway, a special flood hazard area or before the
Community will grant a certificate of occupancy
for a structure other than a single-family residential structure built in a regulatory floodway, the
builder must submit certain certificates to the
floodplain administrator. The certificates which
are required pertain to lowest floor elevations,
adjacent ground elevations and floodproofing. The
following subsections describe the required certificates:
(1) Certificates pertaining to elevations shall
be made by either a civil engineer or land
surveyor who is registered to practice in
the State of Arizona.

CD17.5:11

§ 17.5-9

COMMUNITY CODE OF ORDINANCES

(2)

Certificates pertaining to the adequacy of
floodproofing shall be made by a civil
engineer or architect who is registered to
practice in the State of Arizona.

(3)

A certificate shall be submitted stating
the as-built elevation (in relation to mean
sea level) of the lowest floor of each new
structure or substantial improvement to a
structure built in a regulatory floodway. If
the lowest floor is below grade on one or
more sides, the certificate must also state
the elevation of the floor immediately
above the lowest floor. This certificate
must indicate whether the structure does
or does not have a basement. If a structure has been floodproofed, a statement of
the elevation to which the structure was
floodproofed must be included with this
certificate.

(4)

For those structures which have been
built in a regulatory floodway and have
been floodproofed, a certificate shall be
submitted which certifies that the
floodproofing methods are adequate to
withstand the flood depths, pressures, velocities, impact and uplift forces and other
factors associated with the base flood conditions expected at the building site.
(Code 1981, § 17.5-9; Code 2012, § 17.5-9; Ord. No.
SRO-185-95, § I, 10-26-1994; Ord. No. SRO-4022012, § 17.5-9, 5-30-2012)
Sec. 17.5-10. Obstruction of a waterway prohibited.
No person, firm or corporation in the Community shall either obstruct or reduce the capacity of
a watercourse by any use or by filling, dumping,
or constructing or by any other means, except as
provided in this chapter.
(Code 1981, § 17.5-10; Code 2012, § 17.5-10; Ord.
No. SRO-185-95, § J, 10-26-1994; Ord. No. SRO402-2012, § 17.5-10, 5-30-2012)
Sec. 17.5-11. Removal of obstructions.
(a) Any person who owns, occupies, or leases
real property within the Community and who
obstructs or reduces the capacity of a watercourse
other than as provided for in this chapter, shall be

deemed to have created a public nuisance. Such
persons shall be notified in writing, either personally delivered or by certified or registered mail,
return receipt requested, by the floodplain administrator or his or her authorized representative, to
remove said obstructions or the materials creating the reduction of the capacity of a watercourse
within ten days after receipt of said written
notice. If the owner does not reside on such
property, a duplicate shall also be sent to him or
her at his or her last known address.
(b) If the owner, lessee, or occupant of such
real property, after having been given notice as
required by this chapter, does not comply and
abate such conditions which constitute a public
nuisance, the floodplain administrator shall be
authorized to abate such condition at the expense
of such owner, lessee or occupant.
(c) The floodplain administrator, or his or her
authorized representative, shall prepare a verified statement and account of actual cost of such
abatement, including inspection and other incidental costs in connection with such abatement.
Said verified statement and account is hereby
declared as a debt of such owner, lessee, or occupant. A copy of said statement and account shall
be personally delivered or sent by certified mail,
return receipt requested, to the party served with
the original notice. The Community attorney may
institute an action to collect the debts so created
in the Community court at any time after delivery
of said statement and account.
(d) Within ten days after receipt of the notice
described in subsection (a) of this section, any
person, firm or corporation may appeal the Community's request by serving written notice of
appeal upon the Community secretary and shall
be entitled to a hearing before the administrative
hearing officer on said appeal. In the event such
an appeal is filed, all proceedings shall be stayed
pending disposition of the appeal. Any person,
firm or corporation may also appeal to the Community land management board within ten days
after the receipt of the statement and account
prepared and served pursuant to subsection (c) of
this section the amount of said debt by serving
written notice of appeal upon the Community
secretary which also shall stay all further proceed-

CD17.5:12

FLOODPLAIN AND DRAINAGE

ings pending disposition of said appeal. The decision of the land management board shall be final
and not appealable.
(e) When, in the opinion of the floodplain administrator, there is immediate danger to life or
property, constituting an emergency, as the result
of any obstruction or reduction of the capacity of a
watercourse not authorized under this chapter, he
or she may order the immediate abatement of
said condition notwithstanding the notice provisions provided in subsection (a) of this section.
The cost of said abatement shall be collected in
the same manner as other debts, as provided for
in subsection (c) of this section.
(Code 1981, § 17.5-11; Code 2012, § 17.5-11; Ord.
No. SRO-185-95, § K, 10-26-1994; Ord. No. SRO402-2012, § 17.5-11, 5-30-2012)
Sec. 17.5-12. Penalties.
Any person, corporation, partnership or association violating or failing to comply with the provisions of this chapter, shall, upon conviction
thereof, be guilty of a civil offense and be subject
to a fine not to exceed $1,000.00 for each day of
violation. Each day of violation of this chapter
shall constitute a separate civil offense.
(Code 1981, § 17.5-12; Code 2012, § 17.5-12; Ord.
No. SRO-185-95, § L, 10-26-1994; Ord. No. SRO402-2012, § 17.5-12, 5-30-2012)

CD17.5:13

§ 17.5-12

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Asalt_river_community%3A7191a6eae4d2c061. Public record. Not legal advice.