33 Miss. Code. R. 208-5.5

Current through June 25, 2024
Rule 33-208-5.5 - Standards for Subdivision Proposals and Other Proposed Development
(1) All subdivision proposals shall be consistent with the need to minimize flood damage;
(2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;
(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards, and;
(4) Base flood elevation data shall be provided for all new subdivision proposals and other proposed development (including manufactured home parks and subdivisions), which is greater than fifty lots or five acres, whichever is the lesser.
(5) All subdivision and other development proposals which involve disturbing more than 1000 square feet of land shall include a stormwater management plan which is designed to limit peak runoff from the site to predevelopment levels for the one, ten, and 100-year rainfall event. These plans shall be designed to limit adverse impacts to downstream channels and floodplains. Single residential lots involving less than one acre of land disturbance are not subject to this regulation.
(6) All preliminary plans for platted subdivisions shall identify the flood hazard area and the elevation of the base flood.
(7) All final subdivision plats will provide the boundary of the special flood hazard area, the floodway boundary, and the base flood elevations.
(8) In platted subdivisions, all proposed lots or parcels that will be future building sites shall have a minimum buildable area outside the natural (non-filled) 1% chance annual floodplain. The buildable area shall be large enough to accommodate any primary structure and associated structures such as sheds, barns, swimming pools, detached garages, on-site sewage disposal systems, and water supply wells, where applicable.
(9) Approval shall not be given for streets within a subdivision, which would be subject to flooding in the base flood. All street surfaces must be located at or above the base flood elevation.
(10) Where only a small portion of the subdivision lot or lots is in an A zone Special Flood Hazard Area inundated by one percent chance flood with no base flood elevations determined and there is sufficient ground slope on the site to avoid possible flooding of structures in X Zones (unshaded) determined to be outside 0.2 chance flood floodplain. The Floodplain Administrator may waive the requirement for a study to determine the base flood elevations.
(11) In order for the Floodplain Administrator to consider waiving the requirement of Section F (4) the applicant must provide an accurate topographic data and map for the lot or lots in question (certified by a licensed land surveyor and/or professional civil engineer) indicating that each lot in a new subdivision is on natural high ground, out of the regulatory floodplain.
(12) Each proposed parcel must have a designated buildable pad or site above the one percent chance floodplain. The distance of the buildable pad or site above the one percent chance floodplain shall depend on the slope of the ground and in accordance with the following table:

Distance in feet from A Zone [one percent chance floodplain]

Minimum Slope from A Zone [one percent floodplain to ground level at pad]

20

5%

30

3.33%

40

2.50%

50

2.0%

60

1.67%

70

1.43%

80

1.25%

90

1,11%

100

1.9%

Residential and non-residential structures lowest floor elevation also must be elevated 1.5 feet above the ground level on the buildable pad or site.

(13) The subdivider/applicant must comply with the following:
a.) File restrictive covenants on the lot or lots prohibiting construction within the designated special flood hazard area and requirement for lowest floor elevation.
b.) Place a statement on the face of the final plat prohibiting construction in the designated area of special flood hazard.

33 Miss. Code. R. 208-5.5

Miss. Code Ann. § 51-9-127 (Rev. 2000)
Amended 9/19/2022