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The department may approve or approve with conditions a flood hazard permit when the following is met:

(1) The requirements of chapter 30.65 SCC are met, including, but not limited to

(a) Floodproofing requirements;

(b) Floodway encroachment provisions;

(c) Density fringe area provisions; and

(d) Requirements relating to the alteration or relocation of a watercourse; and

(2) Permits from those agencies for which prior approval is required have been issued; and

(3) The permit is in accordance with this code and other applicable local, state, and federal regulations; and

(4) Development authorized by the permit will not:

(a) Significantly increase the level of flooding on any lands;

(b) Threaten the preservation of those natural conditions which are conducive to the maintenance of constant rates of water flow throughout the year by:

(i) creating or exacerbating rapid water runoff conditions which contribute to increased downstream flooding; and

(ii) eliminating natural groundwater absorption areas essential for reducing surface flood flows downstream. In-kind on-site mitigation may be used to achieve this requirement; and

(c) Materially pollute or contribute to the turbidity of flood waters. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 07-005, Feb. 21, 2007, Eff date Mar. 4, 2007).