Ohio § 1521.13

§ 1521.13.

(A) Development in one-hundred-year floodplain areas shall be protected to at least the

one-hundred-year flood level, and flood water conveyance shall be maintained, at a

minimum, in accordance with standards established under the national flood insurance

program.  This division does not preclude a state agency or political subdivision from establishing

flood protection standards that are more restrictive than this division. (B) Prior to the expenditure of money for or the construction of buildings, structures,

roads, bridges, or other facilities in locations that may be subject to flooding or

flood damage, all state agencies and political subdivisions shall notify and consult

with the division of water resources and shall furnish information that the division

reasonably requires in order to avoid the uneconomic, hazardous, or unnecessary use

of floodplains in connection with such facilities. (C) The chief of the division of water resources shall do all of the following: (1) Coordinate the floodplain management activities of state agencies and political subdivisions

with the floodplain management activities of the United States, including the national

flood insurance program; (2) Collect, prepare, and maintain technical data and information on floods and floodplain

management and make the data and information available to the public, state agencies,

political subdivisions, and agencies of the United States; (3) Cooperate and enter into agreements with persons for the preparation of studies and

reports on floods and floodplain management; (4) Assist any county, municipal corporation, or state agency in developing comprehensive

floodplain management programs; (5) Provide technical assistance to any county, municipal corporation, or state agency

through engineering assistance, data collection, preparation of model laws, training,

and other activities relating to floodplain management; (6) For the purpose of reducing damages and the threat to life, health, and property

in the event of a flood, cooperate with state agencies, political subdivisions, and

the United States in the development of flood warning systems, evacuation plans, and

flood emergency preparedness plans; (7) Upon request, assist the emergency management agency established by section 5502.22 of the Revised Code in the preparation of flood hazard mitigation reports required as a condition for

receiving federal disaster aid under the “Disaster Relief Act of 1974,” 88 Stat. 143, 42 U.S.C.A. 5121 , as amended, and regulations adopted under it; (8) Adopt, and may amend or rescind, rules in accordance with Chapter 119. of the Revised

Code for the administration, implementation, and enforcement of this section and sections 1521.14 and 1521.18 of the Revised Code ; (9) Establish, by rule, technical standards for the delineation and mapping of floodplains

and for the conduct of engineering studies to determine the vertical and horizontal

limits of floodplains and for the assessment of development impacts on flood heights

and flood conveyance.  The standards established in rules adopted under this division shall be consistent

with and no more stringent than the analogous standards established under the national

flood insurance program. (10) On behalf of the director of natural resources, administer section 1506.04 of the Revised Code . In addition to the duties imposed in divisions (C)(1) to (10) of this section, and

with respect to existing publicly owned facilities that have suffered flood damage

or that may be subject to flood damage, the chief may conspicuously mark past and

probable flood heights in order to assist in creating public awareness of and knowledge

about flood hazards. (D)(1) Development that is funded, financed, undertaken, or preempted by state agencies

shall comply with division (A) of this section and with rules adopted under division

(C)(9) of this section. (2) State agencies shall apply floodproofing measures in order to reduce potential additional

flood damage of existing publicly owned facilities that have suffered flood damage. (3) Before awarding funding or financing or granting a license, permit, or other authorization

for a development that is or is to be located within a one-hundred-year floodplain,

a state agency shall require the applicant to demonstrate to the satisfaction of the

agency that the development will comply with division (A) of this section, rules adopted

under division (C)(9) of this section, and any applicable local floodplain management

resolution or ordinance. (4) Prior to the disbursement of any state disaster assistance money in connection with

any incident of flooding to or within a county or municipal corporation that is not

listed by the chief as being in compliance under division (D)(1) of section 1521.18 of the Revised Code , a state agency that has authority to disburse such money shall require the county

or municipal corporation to establish or reestablish compliance as provided in that

division. (E)(1) Subject to section 1521.18 of the Revised Code , a county or a municipal corporation may do all of the following: (a) Adopt floodplain maps that reflect the best available data and that indicate the

areas to be regulated under a floodplain management resolution or ordinance, as applicable; (b) Develop and adopt a floodplain management resolution or ordinance, as applicable; (c) Adopt floodplain management standards that exceed the standards that are established

under the national flood insurance program. (2) A county or municipal corporation shall examine and apply, where economically feasible,

floodproofing measures in order to reduce potential additional flood damage of existing

publicly owned facilities that have suffered flood damage. (3) A county that adopts a floodplain management resolution shall do so in accordance

with the procedures established in section 307.37 of the Revised Code .  The county may enforce the resolution by issuing stop work orders, seeking injunctive

relief, or pursuing other civil actions that the county considers necessary to ensure

compliance with the resolution.  In addition, failure to comply with the floodplain management resolution constitutes

a violation of division (D) of section 307.37 of the Revised Code . (4) No action challenging the validity of a floodplain management resolution adopted

by a county or a floodplain management ordinance adopted by a municipal corporation,

or an amendment to such a resolution or ordinance, because of a procedural error in

the adoption of the resolution, ordinance, or amendment shall be brought more than

two years after the adoption of the resolution, ordinance, or amendment.