Chapter 100.05


100.05.010    Program purpose.

100.05.020    Definitions.

100.05.030    District participation.

100.05.040    Guidelines for prioritization of projects.

100.05.050    Project advisory subcommittee.

100.05.060    Project agreement.

100.05.010 Program purpose.

This chapter provides a framework for the district’s participation in developing and constructing flood control facility repair and maintenance projects and flood hazard reduction projects, prioritization of projects to be considered for construction and a cost share program to assist in implementing projects proposed by property owners and other local sponsors. (Res. 2008-079 Exh. A).

100.05.020 Definitions.

For purposes of this chapter:

A. “Flood control facility repair and maintenance projects” means repair of an existing flood control structure to a condition generally the same as the condition it was in prior to being damaged. Repair projects are intended to maintain the same level of protection as existed prior to the damage. Modifications from the original condition to incorporate improved construction techniques or mitigation can be included in flood control repair projects. Construction of a new revetment or levee where no structure existed previously is not considered a repair.

B. “Flood hazard reduction project” means a project that is intended to reduce the risk from a hazard when compared to the existing condition, without any damage having occurred. Typically flood hazard reduction projects result from a comprehensive flood planning effort and consist of construction of a new facility or structure or improvement to an existing flood control structure. If an existing structure is currently damaged, a project to repair and improve the structure would be considered a flood hazard reduction project. Flood hazard reduction projects also include nonstructural projects such as floodproofing and buyouts. (Res. 2008-079 Exh. A).

100.05.030 District participation.

The district may participate in the financing, labor, construction and/or supplying of materials for flood control facility repair and maintenance and flood hazard reduction projects authorized under Chapter 86.15 RCW on sites within Whatcom County. Authorized projects are subject to fiscal constraints and guidelines established herein for the prioritization of projects.

For flood control repair and maintenance projects, property owners or local sponsors shall pay at least 30 percent of the total cost of the project, including the cost of design and permitting, unless the board of supervisors approves a different formula after considering the recommendation, if any, of the Whatcom County flood control zone district advisory committee for financial participation in a particular project.

Financial participation of the district in flood hazard reduction projects shall be determined by the board of supervisors on a case-by-case basis. (Res. 2008-079 Exh. A).

100.05.040 Guidelines for prioritization of projects.

All flood control repair and maintenance and flood hazard reduction projects shall be prioritized based on an analysis and review of the following factors:

A. What is at risk of damage due to flooding and/or erosion and what are the potential consequences if no action is taken? Risks are generally prioritized in the following order:

1. Threats to public safety;

2. Damage to public infrastructure;

3. Impacts on the regional economy;

4. Damage to private structures.

B. The nature and severity of the potential consequence resulting from the hazard.

C. The scale of the problem and the extent of area that will be affected by the hazard.

D. Urgency, where urgency is a measure of how quickly an action needs to be taken to prevent a risk from growing more severe.

Other considerations that may affect the priority of projects to be implemented include the potential for outside funding and/or partnership opportunities, consistency with approved plans, and the potential to reduce long-term maintenance needs. Projects that are not consistent with a plan resulting from a comprehensive flood planning effort conducted by the district or the county will not be considered for funding by the district unless deemed necessary to protect public safety or critical public infrastructure. (Res. 2008-079 Exh. A).

100.05.050 Project advisory subcommittee.

The flood control zone district advisory committee shall select a subcommittee of not less than five members which will, with county staff, review all applications for repair, maintenance and flood hazard reduction projects and submit recommendations on project priorities to the advisory committee who will make a recommendation to the board of supervisors. (Res. 2008-079 Exh. A).

100.05.060 Project agreement.

Before any project proposed by a property owner or local sponsor is undertaken, except in case of an emergency declared by the Whatcom County executive, an agreement shall be made and entered into by and between the district and the local sponsor(s) setting forth the nature and scope of the respective parties’ participation. All payments specified in said agreement shall be due and payable in accordance with the method of payment described in said agreement. When the cost of said project is less than the estimated amount agreed to, the pro rata share paid by the local sponsor shall be reduced and refunded, if applicable, following completion of the work. In the event the project’s cost exceeds the estimate agreed to, the district will notify the local sponsor as the actual costs become known. The pro rata share of the difference shall be paid by the local sponsor upon completion of said work. In the event that payment is not made upon completion of said work, interest on the delinquent amount shall accrue at the same rate as specified by state law for delinquent property taxes, as allowed by law. For projects proposed by a property owner, the amount of such delinquency plus interest shall be a lien upon the property from the time of completion until the total indebtedness is paid. Said lien shall be enforced by the district in the manner prescribed by law for the foreclosure of mortgages and/or through an action of debt against the owners and/or in such other manner as the law may provide. For projects proposed by a local sponsor without an ownership interest in the property, any delinquency on a project cost share payment will disqualify the local sponsor from future cost share projects for a period equal to the duration of the delinquency following full payment of the delinquency plus interest. (Res. 2008-079 Exh. A).