Turtle Mountain Law Library
Turtle Mountain Band of Chippewa Indians Tribal Code.

44.04.030 Duties and Responsibilities of the Director/Delegate

Duties of the Director/Delegate shall include, but not be limited to:

(a) Permit Review.

(1) Review all development permits to determine that the permit requirements of this ordinance have been satisfied.

(2) Review all development permits to determine that all necessary permits have been obtained from those federal or tribal agencies from which prior approval is required.

(3) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section 44.06.030(a) are met.

(b) Use of Other Base Flood Data.

When base flood elevation data has not been provided in accordance with Section 3.2, Basis For Establishing The Special Flood Hazard Areas, the Director/Delegate shall obtain, review, and reasonably utilize any base flood elevation data and floodway data available (known as best available data) from a federal, state, or other source, as criteria for requiring that new construction, substantial improvements, or other development in the floodplain are administered in accordance with Section 44.06.020, Specific Standards.

(c) Information to be Obtained and Maintained.

(1) Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.

(2) For all new or substantially improved flood-proofed structures:

(A) obtain and record the actual elevation (in relation to mean sea level) to which the structure has been flood-proofed;

(B) maintain the flood-proofing certifications required in Section 44.02.010(c).

(3) Maintain for public inspection all records pertaining to the provisions of this ordinance.

(d) Alteration of Watercourses.

The responsible person shall:

(1) Notify the Bureau of Indian Affairs Superintendent, and others, as necessary, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.

(2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished; and,

(3) Notify the appropriate water resource district prior to removal or placement of fill within two hundred feet of the bank of a body of water during normal flow or stage.

(e) Interpretation of Flood Insurance Rate Map (FIRM) Boundaries.

Make interpretation where needed, as to the exact location of the boundaries of the special flood hazard areas (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 Chapter 44.05.