Section 61-16.2-08 - Community standards - Permissible uses within flood fringe1. 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: a. Any use permitted in the regulatory floodway pursuant to section 61-16.2-06.b. Structures, including residential and nonresidential structures; provided:(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.(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.2. Any exception to this section must be approved by the regulatory authority as a variance, established in local floodplain development ordinances.3. 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.Amended by S.L. 2021, ch. 492 (SB 2081),§ 2, eff. 8/1/2021.Amended by S.L. 2019, ch. 511 (SB 2091),§ 1, eff. 8/1/2019.