Arkansas Administrative Code › Agency 138 - Arkansas Natural Resources Commission › Rule 138.00.17-001 - Floodplain Administrator Accreditation Rules

Current through Register Vol. 49, No. 6, June, 2024
Title 18
Rules Governing the Arkansas
		  Natural Resource Commission's Floodplain Administrator Accreditation
		  Program
Subtitle I.
General provisions
Section 1801.1
Purpose.
The purpose of this program is to provide a procedure for
			 accrediting floodplain administrators. Each county, city, or town shall
			 designate a person to serve as the floodplain administrator to administer and
			 implement the community Flood Damage Prevention Ordinance or Code pursuant to
			 Ark. Code Ann. §
										14-268-104
			 and any local codes and regulations relating to the management of flood-prone
			 areas. This program will assure that persons responsible for important economic
			 decisions affecting health, safety, and welfare of the State receive annual
			 training to assist them in managing development in
			 floodplains.
Section 1801.2
Enabling and pertinent legislation.
A. Ark. Code Ann. §
										14-268-101
		  et seq., Flood Loss Prevention.
B.
		  Ark. Code Ann. §
										15-24-101
		  et seq., Flood Control.
C. Ark.
		  Code Ann. §
										15-20-201 et
		  seq., Arkansas Natural Resources Commission.
D. Ark. Code Ann. §
										17-1-106,
		  Licensure, certification, or permitting of active duty service members,
		  returning military veterans, and spouses.
Section 1801.3
Definitions.
The following definitions shall apply to all parts of this
			 title:
A. "Accreditation" means that
		  the floodplain administrator has met the education and training standards
		  specified by the Arkansas Natural Resources Commission.
B. "Accreditation year" means the time from
		  July 1 to June 30. The accredited floodplain administrator must comply with
		  continuing education requirements each year to maintain
		  accreditation.
C. "Commission"
		  means the Arkansas Natural Resources Commission, as defined in Ark. Code Ann.
		  §
										15-20-201 et
		  seq.
D. "Community" means town,
		  city, county, or other unit of state government which has the authority to
		  adopt, enact and enforce ordinances, building codes or zoning codes, or other
		  appropriate measures restricting, or controlling the management and use of
		  land, structures, and other developments in flood-prone areas.
E. "Flood Damage Prevention Ordinance" means
		  an ordinance adopted by a community in order to implement provisions of
		  participation in the National Flood Insurance Program (NFIP).
F. "Continuing education" means education
		  designed to maintain and improve the ability to manage floodplains.
G. "Executive Director" means Executive
		  Director of the Commission.
H.
		  "Floodplain administrator" means the person designated by a city, town, or
		  county, to administer and implement this chapter and other federal and state
		  laws and local ordinances and regulations relating to the management of
		  flood-prone areas.
I. "Flood Damage
		  Prevention Ordinance" refers to an ordinance adopted by a community in order to
		  qualify for participation in the National Flood Insurance Program
		  (NFIP).
J. "Floodplain management
		  measures" means an overall community program of corrective and preventive
		  measures for reducing future flood damage. These measures take a variety of
		  forms and generally include zoning, subdivision or building requirements, and
		  special-purpose floodplain ordinances.
K. "Flood-prone areas" means areas that are
		  subject to, or are exposed to, flooding and flood damage.
L. "Returning military veteran" means a
		  former member of the United States Armed Forces who was discharged from active
		  duty under circumstances other than dishonorable.
Section 1801.4
Designation of
		  floodplain administrator.
Each community ordinance adopted to restrict or control the
			 management and use of land, structures, and other developments in flood-zone
			 areas shall designate a person to serve as the floodplain administrator to
			 administer and implement the ordinance and any local codes and regulations
			 relating to the management of flood-prone areas. Each community may have its
			 own exclusive floodplain administrator, or several communities may employ a
			 single floodplain administrator to manage floodplain development in their
			 communities. A floodplain administrator may be part-time, full-time, or
			 contracted.
Section 1801.5
Replacing floodplain administrator.
When the floodplain administrator position becomes vacant, the
			 community shall notify the Commission within 30 days and provide a replacement
			 within 60 days. The newly appointed floodplain administrator will have 60 days
			 from the date of appointment to become accredited as described in Subtitle
			 II.