44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO FLOOD PLAIN MANAGEMENT; DESIGNATING THE AGENCY RESPONSIBLE FOR FLOOD PLAIN MANAGEMENT COORDINATION; CREATING THE OFFICE OF STATE FLOOD PLAIN ADMINISTRATION; MITIGATING FLOOD AND MUDSLIDE DAMAGE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. [NEW MATERIAL] DESIGNATED FLOOD PLAIN MANAGEMENT AGENCY--STATE FLOOD PLAIN ADMINISTRATOR.--

A. The department of public safety shall be responsible for flood plain management coordination.

B. There is created in the department of public safety the "office of state flood plain administration". The office of state flood plain administration shall be headed by the "state flood plain administrator" appointed by the secretary of public safety, and the administrator shall be a classified state employee. The state flood plain administrator shall:

(1) act as a liaison between the state, including the construction industries division and the manufactured housing division of the regulation and licensing department, political subdivisions, municipalities and counties, and the appropriate federal entities, including the federal emergency management agency, the United States army corps of engineers, the United States geographical survey, the United states bureau of reclamation, the natural resources conservation service, the environmental protection agency and the national flood insurance program;

(2) train and certify local flood plain managers;

(3) conduct post-disaster damage assessments;

(4) work with the state flood plain management association to establish training and certification requirements for local flood plain managers;

(5) coordinate with the construction industries division and the manufactured housing division of the regulation and licensing department to accomplish uniform compliance with federal insurance administration rules pursuant to the national flood insurance program; and

(6) work with the New Mexico community development council to ensure that a community development block grant is not used to fund a noncompliant project located within a designated flood or mudslide hazard area.

C. The department of public safety shall promulgate rules that set out training and certification requirements for local flood plain managers that comply with the federal insurance administration's and the federal emergency management agency's rules promulgated pursuant to federal law.

Section 2. [NEW MATERIAL] FLOOD CONTROL--PUBLIC LANDS.--Counties or municipalities may apply to the state land office for a right of way onto public lands for the purpose of erosion control, bank and channel stabilization and the reduction of flooding and sedimentation in downstream channels to mitigate economic losses to communities situated downstream of public lands.

Section 3. A new section of the Construction Industries Licensing Act is enacted to read:

"[NEW MATERIAL] FLOOD PLAIN MANAGEMENT.--

A. The division shall not issue permits to construct for the construction of new public buildings other than renovations to existing public buildings within a designated flood or mudslide hazard area unless the building is elevated above base elevation as required by the federal insurance administration rules pursuant to the national flood insurance program.

B. In a county or municipality that has not adopted an ordinance pursuant to Subsection A of Section 3-18-7 NMSA 1978, the division shall work with the state flood plain administrator to ensure compliance with federal insurance administration rules pursuant to the national flood insurance program."

Section 4. A new section of the Manufactured Housing Act is enacted to read:

"[NEW MATERIAL] FLOOD PLAIN MANAGEMENT--MANUFACTURED HOMES.--

A. The division shall not issue a permit for the installation of a manufactured home within a designated flood or mudslide hazard area unless the manufactured home is elevated above base elevation as required by federal insurance administration rules pursuant to the national flood insurance program.

B. In a county or municipality that has not adopted an ordinance pursuant to Subsection A of Section 3-18-7 NMSA 1978, the division shall work with the state flood plain administrator to ensure compliance with federal insurance administration rules pursuant to the national flood insurance program."

Section 5. Section 3-18-7 NMSA 1978 (being Laws 1975, Chapter 14, Section 1) is amended to read:

"3-18-7. ADDITIONAL COUNTY AND MUNICIPAL POWERS--FLOOD AND MUDSLIDE HAZARD AREAS--BUILDING PERMITS--LAND USE CONTROL--JURISDICTION--AGREEMENT.--

A. For the purpose of minimizing or eliminating damage from floods or mudslides in designated flood-prone areas and for the purpose of promoting health, safety and the general welfare, a county or municipality may by ordinance:

(1) designate and regulate flood plain areas having special flood or mudslide hazards;

(2) prescribe standards for constructing, altering, installing or repairing both public and private buildings, including the installation of manufactured homes, and other improvements under a permit system within a designated flood or mudslide hazard area;

(3) review subdivision proposals and other new developments within a designated flood or mudslide hazard area to assure that:

(a) all such proposals are consistent with the need to minimize flood damage;

(b) all public utilities and facilities such as sewer, gas, electrical and water systems are designed to minimize or eliminate flood damage; and

(c) adequate drainage is provided so as to reduce exposure to flood hazards;

(4) require new or replacement water supply systems or sanitary sewage systems within a designated flood or mudslide hazard area to be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the sewage systems into flood waters and require on-site waste disposal systems to be located so as to avoid impairment of them or contamination from them during flooding; and

(5) designate and regulate floodways for the passage of flood waters.

B. A county or municipality that implements an ordinance pursuant to this section shall appoint a local flood plain manager.

C. The person appointed to the position of local flood plain manager shall attend a training session provided by the state flood plain administrator and shall be required to meet certification standards established by the department of public safety in order to qualify for the position.

[B.] D. Any ordinance adopted pursuant to this section shall substantially conform to the minimum standards prescribed by the federal [insurance administration, regulation 1910 issued pursuant to Subsection 7(d), 79 Stat. 670, Section 1361, 82 Stat. 587 and 82 Stat. 575, all as amended] emergency management agency's rules promulgated pursuant to federal law.

[C.] E. In a county or municipality that has adopted an ordinance pursuant to Subsection A of this section, an approved inspector pursuant to the Construction Industries Licensing Act or the Manufactured Housing Act shall allow the issuance of a permit only after certifying compliance with both local flood plain ordinances and federal insurance administration rules pursuant to the national flood insurance program. A county or municipality shall have exclusive jurisdiction over permits issued under its respective ordinance and in accordance with this section [and so long as it is enforced by an approved inspector pursuant to the Construction Industries Licensing Act].

F. Notwithstanding Section [14-17-5 NMSA 1953] 3-18-6 NMSA 1978, when a municipality adopts an ordinance pursuant to Paragraph (2) of Subsection A of this section, the municipality's jurisdiction under this ordinance [shall] may take precedence over a respective county ordinance within the municipality's boundary and within the municipality's subdividing and platting jurisdiction.

[D.] G. A county or municipality shall designate flood plain areas having special flood or mudslide hazards in substantial conformity with areas identified as flood- or mudslide-prone by the federal insurance administration pursuant to the national flood insurance program.

[E.] H. A municipality or county adopting any ordinance pursuant to this section may enter into reciprocal agreements with any agency of the state, other political subdivisions or the federal government in order to effectively carry out the provisions of this section.

[F.] I. Within their respective [jurisdiction, the environmental improvement agency or] jurisdictions, the department of environment and the construction industries [commission] division and the manufactured housing division of the regulation and licensing department may assist counties or municipalities when requested by a county or municipality to provide technical advice and assistance.

J. The construction industries division and the manufactured housing division shall require its inspectors approved pursuant to the Construction Industries Licensing Act and the Manufactured Housing Act to undergo training and certification in flood plain management from the state flood plain administrator.

K. The department of public safety and the construction industries division and manufactured housing division may contract for, receive and utilize any grants or other financial assistance made available by the United States government or by any other source, public or private."

Section 6. Section 9-6-5.1 NMSA 1978 (being Laws 1983, Chapter 296, Section 7) is amended to read:

"9-6-5.1. PLANNING POWERS AND DUTIES OF SECRETARY OF FINANCE AND ADMINISTRATION.--The secretary of [the department of] finance and administration, in addition to the other powers and duties conferred:

A. shall review federal grant applications and provide management assistance;

B. shall coordinate, in accordance with directives from the governor's office of policy and planning, state agency plans for economic, natural resource, energy resource and human resource development;

C. shall provide aid to planning and development districts in developing grant proposals and cooperate with other local entities in developing grant proposals;

D. shall acquire, study and review all plans for capital projects proposed by state agencies and render advice on the plans. The secretary shall maintain long-range estimates and plans for capital projects and develop standards for measuring the need for and utility of proposed projects;

E. may contract for, receive and utilize any grants or other financial assistance made available by the United States government or by any other source, public or private;

F. may provide planning and funding assistance to units of local government, council of government organizations, Indian tribal governments situated within New Mexico and [to] nonprofit entities having for their purpose local, regional or community betterment. The secretary, incident to any such programs, may enter into contracts and agreements with such units of local government, council of government organizations, Indian tribal governments, nonprofit entities and the federal government and may participate in or receive aid from any federal or private program in relation to such a planning program or assistance;

G. shall confer with the state budget division of the department of finance and administration in developing comprehensive plans to assure coordination of planning and budgeting functions;

H. shall coordinate the state clearinghouse review process;

I. shall develop a status of the state report;

J. shall review and coordinate comment by state agencies on draft environmental impact statements;

K. shall provide community development block grant technical assistance to local governments;

L. shall administer, in consultation with and upon advice and direction from the community development block grant policy committee and the state flood plain administrator, the program for the state community development block grant program;

M. shall serve as staff to the New Mexico association of regional councils;

N. shall maintain a state planning library; and

O. shall provide planning assistance to county and multi-county districts relative to application by such districts for financial assistance and for regional plan development."

Section 7. Section 9-14-4 NMSA 1978 (being Laws 1984, Chapter 5, Section 1) is amended to read:

"9-14-4. COMMUNITY DEVELOPMENT BLOCK GRANTS.--

A. The community development block grant programs shall be administered by the local government division of the department of finance and administration.

B. The New Mexico community development council shall determine the recipients and amounts of community development block grant awards.

C. The New Mexico community development council shall work with the state flood plain administrator to ensure that a community development block grant is not used to fund a noncompliant project located within a designated flood or mudslide hazard area."