{"data":{"id":"us-nd/n.d.-cent.-code-61-16.2-08","jurisdiction":"us-nd","citation":"N.D. Cent. Code § 61-16.2-08","heading":"Community standards - Permissible uses within flood fringe","body":"1.Upon delineation of the floodplain or floodway under the national flood insurance program [42 U.S.C. 4001 et seq.], the following uses must be permitted within the flood fringe to the extent the uses are not prohibited by any other ordinance, regulation, or statute:\na.Any use permitted in the regulatory floodway pursuant to section 61-16.2-06.\nb.Structures, including residential and nonresidential structures; provided:\n(1)Residential structures are constructed so the lowest floor, including basements, is elevated to at least one foot [30.48 centimeters] above the base flood elevation unless granted a residential basement floodproof exception under the national flood insurance program.\n(2)Nonresidential structures either are constructed as specified in subdivision a and elevated to at least one foot [30.48 centimeters] above the base flood elevation or are floodproofed adequately up to an elevation no lower than two feet [.61 meter] above the base flood elevation. The floodproofing must be in accordance with the standards either adopted by the community under the national flood insurance program [42 U.S.C. 4001 et seq.] or under this chapter, whichever are more restrictive.\n2.Any exception to this section must be approved by the regulatory authority as a variance, established in local floodplain development ordinances.\n3.Any exception to the national flood insurance program [42 U.S.C. 4001 et seq.] in implementing regulations granted by the appropriate federal agency to a community participating in the national flood insurance program is an approved exception under this section.","path":["Title 61 Waters","Chapter 61-16.2 Floodplain Management"],"source_url":"https://ndlegis.gov/cencode/t61c16-2.pdf","current_through":"2026-07-31T11:12:02","vintage":"","retrieved_at":"2026-09-02T21:04:14Z","sha256":"949484ed2518575e0c61da4f34426cde2535e852207faa7fcac88798e565f366","source_id":"us-nd","stale":true,"prev":"us-nd/n.d.-cent.-code-61-16.2-07","next":"us-nd/n.d.-cent.-code-61-16.2-09"},"notice":"GroundRules: Original legal text. Not legal advice."}