Get the Document
Download the Model Ordinance here (PDF)
The instructions below are also included on the first page of the document.
Provide Community Specific Information as Requested In Brackets
This model ordinance contains references in {red brackets} that must be replaced with community specific information such as your community's name, address, or name of the responsible party.
Update Cross References
Cross references to other sections are shown in red throughout this document to facilitate location for ensuring changes are made to match actual numbering used by your community and are not intended to reflect a suggested final format.
Determine If Your Community Wants to Adopt Higher Standards Recommended By The State of Nevada
This model ordinance meets the minimum standards required to participate in the National Flood Insurance Program. Community adoption of higher standards can be applied towards credit under the Community Rating System (CRS) program and result in reduced premiums for the entire community. The State of Nevada recommends:
- Daily Fine - Appendix 2.0 A recommends a substantial daily fine for each day violation continues.
- Determining BFE's in Unnumbered A Zones - Appendix 2.0 B requires, in the absence of any other sources, that the community develop base flood elevations using FEMA 265 guidance (Managing Floodplain Development in Approximate Zone A Areas, A guide for Obtaining and Developing Base (100-year) Flood Elevations, 1995).
- Limiting Increase in Base Flood Elevation - Appendix 2.0 C decreases the allowable increase in base flood elevations due to cumulative development from one (1) foot to one-half (1/2)foot.
- Freeboard - Appendix 2.0 D increases the required elevation and floodproofing requirement from zero (0) to two (2) feet above base flood elevation or depth indicated on the FIRM.
- Determining Market Value of Existing Structures - Appendix 2.0 E defines a specific method for determining Market Value of existing structures.
- Increased Cost of Compliance (ICC) Coverage - Repetitive Loss Provisions - Appendix 2.0 F provides the required definition of Substantial Damage to make
Increased Cost of Compliance flood insurance coverage available in repetitive loss situations.
- Non-conversion of Enclosed Areas Below the Lowest Floor - Appendix 2.0 G provides the community a mechanism to ensure that areas below the lowest floor will not be converted to living space without first becoming fully compliant with floodplain management regulations.
Determine If Your Community Has Special Requirements
- Alluvial Fan Advisory - Appendix 1.0 provides a description of alluvial fan flooding and specifies in writing that FEMA will not approve a Letter of Map Revision based on Fill (LOMR-F) for structures on an alluvial fan.
- Crawlspace Construction - Appendix 3.0 A defines construction criteria from Technical Bulletin 11-01 (Crawlspace Construction for Buildings Located in Special Flood Hazard Areas, 2001) to allow for crawlspace construction that will not be considered a violation of Federal floodplain management regulations. Without this language, a crawlspace constructed within special flood hazard areas was considered by FEMA to meet the definition of "basement" (subgrade on all sides) and was therefore a violation.
- Garages and Accessory Structures - Appendix 3.0 B contains the definition for accessory structures and construction requirements to allow for permitting of an accessory structure within special flood hazard areas without a variance. Appendix 3.0 B also provides specific language for attached and unattached garages to allow for permitting of an unattached garage within special flood hazard area without a variance.
- Mudslide (i.e., mudflow) Prone Areas (Zone M) - Appendix 3.0 C provides definitions and development requirements when Mudslide Prone Areas (Zone M) have been identified in a community.
- Erosion Prone Areas (Zone E) - Appendix 3.0 D provides definitions and development requirements when Erosion Prone Areas (Zone E) have been identified in a community.
Prior to Adoption, Submit Draft To:
- Other community departments, including Attorney's office.
- State Floodplain Manager, Nevada Division of Water Resources or FEMA Region IX for review and approval.
After Adoption Send:
- A copy of the adopted ordinance, with signature page(s), certified by the City/County Clerk to FEMA Region IX
- A copy of the adopted ordinance, with signature page(s) to the State Floodplain Manager, Nevada Division of Water Resources.
