Missouri Revised Statutes
County Commissions and County Buildings
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
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
[ ] 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
[ ] 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)
Missouri General Assembly
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