5.3.B Applicability | Sedona Land Development Code

B. Applicability

a. No person shall do any work in or over any drainage way or floodplain, nor shall any person do any grading, filling, excavating, cutting, or other site earthwork, without first obtaining the proper permit and/or authorization pursuant to the Engineering Manual.

b. In no case shall alteration of any drainage way identified as part of the 2021 Storm Water Master Plan Update, or subsequent updates, as a permanent or intermittent watercourse be permitted, except as allowed in Section 5.3.B(2), Exemptions.

c. Submittals for development of individual residential lots within flood-prone areas shall comply with the City’s Engineering Manual and with the requirements of the Arizona Department of Water Resources State Standard 6-05 and associated attachments, as they currently exist or may be amended in the future.

Unless otherwise provided in this Code, written authorization shall not be required, nor shall the City prohibit:

1. The construction of bridges, culverts, dikes and other structures necessary to the construction of public highways, public roads, and streets intersecting a watercourse;

2. Any flood control district, county, city, or town or other political subdivision from exercising powers granted to it under A.R.S. Title 48, Chapter 21, Flood Control Districts; or

3. The construction of streams, waterways, lakes, and other auxiliary facilities in conjunction with the development of public parks and recreation facilities by a federal or state public agency or a political subdivision of the state of Arizona.

Unless otherwise provided in this Code, this section shall not apply to:

1. Existing legal uses of property or the right to continuation of such legal use, and reasonable repair or alteration of such property pursuant to Section 1.6, Nonconformities;

2. Reasonable repair of structures constructed with the written authorization required by A.R.S. § 48-3613;

3. Facilities constructed or installed pursuant to a Certificate of Environmental Compatibility issued pursuant to A.R.S. Title 40, Chapter 2, Article 6.2, Power Plant and Transmission Line Siting Committee; and

4. Improvements to existing streets or highways, or improvements to existing fill slopes, that do not conform with this this section that is authorized in writing by the City Engineer.

These exemptions do not preclude any person from liability if that person’s actions increase flood hazards to any other person or property. Neither the issuance of a building permit, nor compliance with the provisions of this this section, or with any conditions imposed in the building permit, shall relieve any person from responsibility for damage to other persons or property, nor impose any liability upon the City for damage to other persons or property. [Ord. 2023-09 § 1 (Exh. A), 10-24-23; Res. 2019-19 Exh. A, 10-8-19].