RESOLUTION NO. 2025-02
A RESOLUTION TO REVISE AND UPDATE THE HARPER COUNTY FLOODPLAIN MANAGEMENT ZONING REGULATIONS BY REPEALING RESOLUTION NUMBER 2022-12 OF THE HARPER COUNTY BOARD OF COUNTY COMMISSIONERS AND BY THE HARPER COUNTY ZONING BOARD AND PLANNING COMMISSION RESOLUTION AND INCORPORATING BY .REFERENCE NEW FLOODPLAIN ZONING REGULATIONS BASED ON THE MODEL RECOMMENDED BY FEMA AND THE KANSAS DEPARTMENT OF AGRICULTURE.
WHEREAS, in accordance with Kansas Statute, the County of Harper currently regulates and manages floodplain zoning development through its floodplain zoning regulations found in Resolution Number 2022-12 of the Harper County.
WHEREAS, in accordance with state and federal law, all such floodplain zoning regulations must be approved by the Chief Engineer of the Kansas Department of Agriculture, Division of Water Resources and must coordinate with the requirements and regulations of the National Flood Insurance Act of 1968 as amended; and
WHEREAS, the Chief Engineer of the Kansas Department of Agriculture, Division of Water Resources and the officials of the Federal Emergency Management Agency (FEMA) Region VII have recommended that Harper County revise its floodplain management zoning regulations and adopt new regulations based upon the recommended model floodplain management regulations;
WHEREAS, upon the recommendation of the Harper County Zoning Board and The Board of County Commissioners, the Governing Body has determined that is in the best interest of Harper County to revise and update the Harper County floodplain management zoning regulations by repealing the current Harper County floodplain management zoning regulations and adopting and incorporating by reference new regulations based upon the recommended model floodplain management zoning regulations;
BE IT THEREFORE RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF HARPER COUNTY, KANSAS:
SECTION 1.
That Resolution Number 2022-12 of Harper County Zoning Resolution is hereby repealed.
SECTION 2.
That the Harper County Floodplain Management is hereby amended by adding a new Resolution Number 2025-02 of the Harper County Zoning Resolution, which reads as follows:
INCORPORATION OF FLOODPLAIN MANAGEMENT ZONING RESOLUTION.
Pursuant to the provisions of K.S.A. 12-3009, 12-3010 and 12-3301, there is hereby incorporated by reference for the purpose of providing floodplain zoning regulations within the county of Harper County, Kansas, all of the zoning regulations contained in that document hereafter known and referred to as the “Floodplain Management Resolution for Harper County Kansas,” which is based upon and modeled after the Model Floodplain Management Resolution as approved and recommended by the Federal Emergency Management Agency Region VII and the Kansas Department of Agriculture, Division of Water Resources.
No fewer than three copies of the Floodplain Management Resolution for the County of Harper, Kansas, shall be marked or stamped “Official Copy as incorporated by Resolution No. 2025-02 of the County of Harper, Kansas,” and such copies shall be filed with the County Clerk to be open to inspection and available to the public at all reasonable business hours, provided that such official copies may not be removed from the county courthouse. All county officials requiring the use of the Floodplain Management Resolution for the county of Harper County Kansas, shall be supplied, at the expense of the county in such number of official copies of such resolution as may be deemed necessary by the Governing Body.
1. The floodplain administrator may make reasonable entry upon any lands and waters in Harper County for the purpose of making an investigation, inspection or survey to verify compliance with these regulations. The floodplain administrator shall provide notice of entry by mail, electronic mail, phone call, or personal delivery to the owner, owners agent, lessee, or lessee’s agent whose lands will be entered. If none of these persons can be found, the floodplain administrator shall affix a copy of the notice to one or more conspicuous places on the property a minimum of five (5) days prior to entry.
2. A structure or other development without a floodplain development permit or other evidence of compliance is presumed to be in violation until such documentation is provided.
3. The floodplain administrator shall provide written notice of a violation of this resolution to the owner, the owner’s agent, lessee, or lessee’s agent by personal service or by certified mail, return receipt requested. The written notice shall include instructions and a deadline to request a hearing before the appeals board, and if no hearing is requested, a deadline by which the violation must be corrected.
4. Violation of the provisions of this resolution or failure to comply with any of its requirements (Including violations of conditions and safeguards established in connection with granting of variances) shall constitute a misdemeanor. Any person who violates this resolution or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than five hundred dollars ($500) and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues, shall be considered a separate offense. Nothing herein contained shall prevent the County of Harper or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.
5. Notwithstanding any criminal prosecutions or in lieu of any criminal prosecutions, the written notice of violation shall state that the county may seek a mandatory civil injunctive order under K.S.A. 60-901 to require the owner, occupant or agent to remove the structure. If the owner, occupant or agent fails to remove the structure, the county may remove the structure and seek a civil judgment against the owner, occupant or agent for the costs of said abatement.
SECTION 3.
This resolution shall take effect and be in force as of the date of its passage, approval and publication as provided by law.
PASSED AND ADOPTED by the Governing Body, this 10th day of February (month), 2025.
(signature) _____________
Brian Waldschmidt
(printed name) _____________
(Chairman Harper County Commission)
