Section: 049.0600 National flood insurance program, adoption and rescission procedure--exemptions (certain second, third, fourth class counties). RSMO 49.600


Published: 2015

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Missouri Revised Statutes













Chapter 49

County Commissions and County Buildings

←49.580

Section 49.600.1

49.605→

August 28, 2015

National flood insurance program, adoption and rescission procedure--exemptions (certain second, third, fourth class counties).

49.600. 1. The county commission, in all counties which have not

adopted county planning and zoning, may, as provided by law, adopt or rescind

by order or ordinance regulations to require compliance with Federal Emergency

Management Agency standards, necessary to comply with the national flood

insurance program, in any flood hazard area designated by the Federal

Emergency Management Agency; provided, however, that no ordinance or order

enacted pursuant to this section in any county shall be effective unless the

county commission or governing body of the county submits to the voters of a

county, at a county or state general, primary or special election, a proposal

to authorize the county commission or governing body of the county to adopt

such an order or ordinance.



2. The ballot of submission shall contain but need not be limited to the

following language:



Shall the county of ......................... enact an order or ordinance

for such regulations as required for compliance with Federal Emergency

Management standards, necessary to comply with the national flood insurance

program, in any flood hazard area designated by the Federal Emergency

Management Agency?



[ ] YES [ ] NO





If you are in favor of the question, place an "X" in the box opposite "YES".

If you are opposed to the question, place an "X" in the box opposite "NO".





If a majority of the votes cast on the proposal by the qualified voters voting

thereon are in favor of the proposal, then the ordinance or order and any

amendments thereto shall be in effect. If a majority of the votes cast by the

qualified voters voting are opposed to the proposal, then the governing body

of the county shall have no power to adopt such an order or ordinance. The

people of a county covered by sections 49.600 to 49.615 may rescind the order

or ordinance regulations by presenting an initiative petition to the county

commission of the county, with a minimum of five percent of the registered

voters' signatures that voted in the last gubernatorial election. After

receiving the qualifying initiative petition the county commission shall place

on the ballot at the next general election the following:



Shall national flood insurance programs be adopted in

........................ County?



[ ] YES [ ] NO





If a majority of those voting vote for adopting the national flood insurance

program, the program shall be continued; if a majority of those voting vote

against adopting the national flood insurance program, the program shall be

discontinued within thirty days after certification of the election results.



3. The provisions of this section shall not apply to the incorporated

portions of the counties, or to the raising of livestock, crops, orchards or

forestry, nor to seasonal or temporary impoundments used for rice farming or

flood irrigation. As used in this section, the term "rice farming or flood

irrigation" means small berms of no more than eighteen inches high that are

placed around a field to hold water for use for growing rice or for flood

irrigation. Nor shall this section apply to the erection, maintenance,

repair, alteration or extension of farm buildings or farm structures used for

such purposes in an area not within the area shown on the flood hazard area

map. Nor shall this section apply to underground mining where entrance is

through an existing shaft or shafts or through a shaft or shafts in an area

not within the area shown on the flood hazard area map.



4. Levee districts organized pursuant to chapter 245 and drainage

districts organized pursuant to chapters 242 and 243 are subject to flood

plain management regulations adopted by a county pursuant to this chapter.



5. Nothing contained in sections 49.600 to 49.615 shall affect the

existence or validity of an ordinance which a county has adopted prior to

March 4, 1991.



(L. 1980 S.B. 746 § 1, A.L. 1983 H.B. 34, A.L. 1983 S.B.

219, A.L. 1991 H.B. 72)



Effective 3-4-91







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