09 LC 25
5643S
The
Senate Natural Resources and the Environment Committee offered the following
substitute to HB 169:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia
Annotated, relating to general provisions concerning water resources, so as to
provide for notices to affected property owners and local governments whenever
the Federal Emergency Management Agency provides formal notice under the federal
Map Modernization or Risk Map programs as administered through the National
Flood Insurance Program regarding any new or revised flood elevations that are
proposed for any property located in the regulatory floodway in this state; to
provide for the manner and contents of such notices; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating
to general provisions concerning water resources, is amended by adding a new
Code section to read as follows:
"12-5-9.
(a)(1)
Whenever the Federal Emergency Management Agency provides formal notice under
the federal Map Modernization or Risk Map programs as administered through the
National Flood Insurance Program regarding any new or revised flood elevations
as designated on preliminary flood maps for any property located in the
regulatory floodway in this state, the department shall provide notice to the
county or municipal government affected by the revised flood map. Such notice
shall be given in writing to the governing authority of such county or
municipality by certified mail. Such notices shall be sent promptly and in
sufficient time to allow the county or municipality to appeal such
determinations in accordance with the provisions of law.
(2)
Within 30 days of such notification, the county or municipal government shall
provide the department with names and addresses of each property owner located
in the regulatory floodway of the revised preliminary flood map.
(3)
Within 21 days of receipt of names and addresses of property owners located in
the regulatory floodway, the department shall provide notice to each such
property owner that his or her property has been designated as being located in
the regulatory floodway and the potential implications of such designation.
Such notice shall be given in writing by certified mail addressed to the owner
of record as shown on the property and tax records of the county in which such
property is located. Such notices shall be sent promptly and in sufficient time
to allow the property owners to appeal such determinations in accordance with
the provisions of law. At a minimum, such notices shall contain a description
of the proposed new or revised flood elevations and a description of the appeal
process from such determinations.
(b)
Failure to receive a notice required by subsection (a) of this Code section
shall not create a basis for any appeal of any new or revised flood elevation
independent of the appeal process established by the Federal Emergency
Management Agency."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.