33 Miss. Code. R. 208-4.3 - Powers, Duties, and Responsibilities of the Floodplain Administrator

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.

(18) Perform such other inspections as may be required to insure compliance with the other provisions of this Regulation.

Notes

33 Miss. Code. R. 208-4.3

Miss. Code Ann. § 51-9-127 (Rev. 2000)

Amended 9/19/2022