Cass County adopts new floodplain development ordinance, appoints floodplain administrator and approves township resolutions

The Cass County Board of Commissioners on Dec. 2 repealed the county's existing flood damage prevention ordinance and completed the second and final reading of a new Floodplain Development Ordinance, formalized the county's floodplain administration and approved 18 township resolutions documenting who will manage floodplain authority in their jurisdictions.

The action repealed the older flood damage prevention ordinance as a procedural step to create a clean record for adopting the new Floodplain Development Ordinance. The board then conducted the required second reading and adopted the new ordinance as presented; roll call votes were recorded as unanimous "aye" votes. The board also appointed Cole Hansen as the county floodplain administrator to formalize duties that have previously shifted between the county engineer and planning staff.

The planning director said the changes respond to a recent state law that makes counties the default floodplain managers unless a township claims authority, and to FEMA's request for documentation for the Western Cass flood insurance study. County staff presented 18 separate township resolutions for the board's consideration. Of those, county staff said 12 townships have indicated they will transfer floodplain authority to Cass County (Weiser, Wheatland, Castleton, Durban, Gill, Noble, Page, Emenia, Warren, Berlin, Reed and Everest) and six townships said they will retain authority (Pleasant, Davenport, Normanna, Mapleton, Harwood and Stanley). The board approved all 18 resolutions as presented.

Commissioners also approved a consolidated planning department fee schedule that folded subdivision application fees and the future floodplain permit fees into a single schedule. Staff said the floodplain permit fee amounts were not yet finalized and would be presented later. The board approved an immediate $50 increase to the subdivision base fee to cover document recording costs and combined the previous two-tier major-subdivision fee into a single temporary $1,000 fee until the subdivision ordinance update expected early next year.

During discussion, a township representative who said he had served as Durban Township's flood administrator described the technical complexity of floodplain administration and said some townships lacked the time or expertise to continue managing the program, underscoring staff's recommendation that the county assume administration for many townships.

The board recorded the following formal actions during the discussion: repeal of the prior ordinance (procedural step), adoption of the new Floodplain Development Ordinance (second/final reading), appointment of Cole Hansen as the county floodplain administrator, approval of 18 township resolutions documenting floodplain management authority, and adoption of the consolidated planning fee schedule with the temporary fee changes described above.

The changes will be used in the county's submissions to FEMA and to implement the Western Cass flood insurance study; staff said additional, itemized floodplain permit fees and any subdivision ordinance updates will return for board consideration later.

Ending: The board indicated it may move remaining township resolutions to future consent agendas as they are received; staff estimated additional township resolutions could arrive within the next two weeks and said further administrative details, including finalized floodplain permit fees, would be returned to the commission for approval.