Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 208 - Flood Damage Prevention Regulation › Chapter 4 - Administration › Rule 33-208-4.3 - Powers, Duties, and Responsibilities of the Floodplain Administrator

Current through June 25, 2024
The Floodplain Administrator and his or her designated staff
				  is hereby authorized and directed to enforce the provisions of this Regulation.
				  The Administrator is further authorized to render interpretations of this
				  Regulation, which are consistent with its spirit and purpose.
(1) Right of Entry
Duties of the Administrator shall include, but not be limited
				  to:
(1) Review all development permits
				to assure that the permit requirements of this Regulation have been
				satisfied.
(2) Review proposed
				development to assure that all necessary permits have been received from those
				governmental agencies from which approval is required by Federal or State law,
				including section 404 of the Federal Water Pollution Control Act Amendments of
				1972, 33 U.S.C. 1334. Additionally, require the permittee to obtain and submit
				copies of any required federal or state permits and maintain them on file with
				the development permit.
(3) Perform
				a minimum of three inspections to ensure that all applicable Regulation and
				floodplain development requirements have been satisfied. The first inspection
				upon the establishment of the Base Flood Elevation reference mark at the
				development site; the second upon the establishment of the structure's
				footprint prior to pouring the slab or the establishment of the lowest floor in
				an elevated foundation system; and the final inspection upon completion and
				submission of the required finished construction elevation
				certificate.
(4) Verify any
				required setback distances.
(5)
				Verify that all placement of fill or grading is according to certified plans.
				Assure that any fill being used as part of the structure's foundation system
				(not allowed in a CHHA) is both clean material and properly compacted and
				placed. A professional certification that any structure built on fill is
				reasonably safe from flooding can be requested of the
				builder/developer.
(6) Verify
				adequate placement and size of any required flood vents in regard to the number
				of openings, their location, size, and height above ground level.
(7) Ensure that a crawlspace has adequate
				vents or openings and that the interior grade is at or above the exterior
				grade.
(8) Verify that the
				structure's utilities, duct work, and HVAC systems are at or above the base
				flood elevation.
(9) Notify
				adjacent communities, the NFIP State Coordinator, and other federal and/or
				state agencies with statutory or regulatory authority prior to any alteration
				or relocation of a watercourse.
(10) Assure that maintenance is provided
				within the altered or relocated portion of said watercourse so that the
				flood-carrying capacity is maintained.
(11) Verify and record the actual elevation
				(in relation to mean sea level) of the lowest floor (including basement) of all
				new construction and substantially improved buildings, in accordance with Part
				208, Rule 4.2 (2). Information must be recorded on the FEMA Elevation
				Certificate Form 81-31.
(12) Verify
				and record the actual elevation (in relation to mean sea level) to which the
				new construction and substantially improved buildings have been floodproofed,
				in accordance with Part 208, Rule 4.2 (2). Information must be recorded on the
				FEMA Elevation Certificate Form 81-31.
(13) Review certified plans and
				specifications for compliance.
(14)
				Make the necessary interpretation where interpretation is needed as to the
				exact location of boundaries of the areas of special flood hazard (for example,
				where there appears to be a conflict between a mapped boundary and actual field
				conditions). The person contesting the location of the boundary shall be given
				a reasonable opportunity to appeal the interpretation as provided in this
				Rule.
(15) Obtain, review and
				reasonably utilize any base flood elevation and floodway data available from a
				federal, state or other source when base flood elevation data or floodway data
				have not been provided in accordance with Part 208, Rule 3.2, in order to
				administer the provisions of Part 208, Rule 5.1,
et
				seq.
(16) Provide
				information, testimony, or other evidence, as needed during variance request
				hearings.
(17) Conduct the
				following actions when damage occurs to a building or buildings:
a.) Determine whether damaged structures are
				located within the Special Flood Hazard Area;
b.) Conduct damage assessments for those
				damaged structures located in the SFHA, and;
c.) Make a reasonable attempt to notify
				owner(s) of damaged structure(s) of the requirement to obtain a building permit
				/ floodplain development permit prior to repair, rehabilitation, or
				reconstruction.