Flood Plain Ordinance Information Page

TOWN OF STARK

FLOODPLAIN ORDINANCE

TIMELINE OF ADOPTION/AMENDMENTS

Created by Patty Peel

August 29, 2026

• March 30, 1976: Stark entered the NFIP’s Emergency Program. This is the earliest confirmed NFIP participation date—not 1978.
• April 2, 1986: Stark entered the NFIP’s Regular Program. Town records later indicated that its flood-insurance participation lapsed around this period.
• 1990: The Town held a public hearing concerning restoration of its NFIP participation.
• March 12, 1991: Stark voters approved floodplain regulations by a vote of 55–5. This is the earliest confirmed voter adoption of a Stark floodplain ordinance we found.
• November 19, 1992: Stark was formally reinstated in the NFIP.
• February 20, 2013: FEMA’s updated Coos County Flood Insurance Study and Flood Insurance Rate Maps became effective.
• March 12, 2013: Stark voters approved Article 11, amending the Floodplain Development Ordinance to incorporate the new FEMA study and maps.
• September 27, 2013: Town officials met with New Hampshire officials to bring Stark’s flood-insurance program up to date.
• September 18, 2024: A rewritten ordinance was prepared and dated, but it was never presented to or approved by the voters. It therefore remained an unadopted draft and did not replace the 2013 ordinance.
• Current proposal: The Town would amend the valid March 12, 2013 ordinance to address the identified FEMA/NFIP procedural deficiencies. After the Planning Board hearing process, the amendment must be presented to Stark’s voters for approval.

For background, the Nash Bog Dam failed on May 20, 1969, flooding Stark and damaging Emerson Road and bridges over Nash Stream and the Upper Ammonoosuc River. That flooding preceded Stark’s 1976 NFIP entry and helps explain the Town’s early concern about flood protection.

• Discuss Floodplain Ordinance SB Meeting 18 September 2024
• Discuss Floodplain Ordinance SB Meeting 2 October 2024
• Discuss Floodplain Ordinance SB Meeting 16 October 2024

o Vote take to get rid of ordinance and not replace it

§ SB Not able to make this decision per RSA RSA 675:3 and RSA 31:39 Sent to PB for review and research.

The ordinance adopted on March 12, 2013 is a complete floodplain ordinance containing permits, construction standards, appeals, variances, and enforcement provisions. However, it contains outdated terminology and procedures, an incorrect federal citation, incomplete subdivision and manufactured-home provisions, incomplete FEMA variance criteria, and Zoning Board of Adjustment provisions that need to be reconciled with current New Hampshire law. The proposed ordinance reorganizes and updates the existing requirements, adds the missing minimum NFIP provisions, and establishes a clearer administrative process.

TOWN OF STARK, NH
FLOODPLAIN DEVELOPMENT ORDINANCE
Purpose:
Certain areas of the Town of Stark, New Hampshire are subject to periodic flooding,
causing serious damage to properties within these areas. Relief is available in the form
of flood insurance as authorized by the National Flood Insurance Act of 1968.
Therefore, the Town of Stark, New Hampshire has chosen to become a participating
community in the National Flood Insurance Program, and
agrees to comply with the requirements of the National Flood Insurance Act of 1968.
(P.L. 90-488, as amended) as detailed in this Floodplain Management Ordinance.
This Ordinance establishes a permit system and review procedure for development
activities in the areas of special flood hazard of the Town of Stark, New Hampshire.
Establishment:
This ordinance, adopted pursuant to the authority of RSA 674:16 shall be known as the
Town of Stark Floodplain Development Ordinance. The regulations in this ordinance
shall apply to all lands designated as special flood hazard areas by the Federal
Emergency Management Agency (FEMA) on its “Flood Insurance Study for the County
of Coos, N.H.” dated February 20, 2013, together with the associated Flood Insurance
Rate Maps dated February 20, 2013, which are declared to be part of this ordinance
and are hereby incorporated by reference.
Item I: Definition of Terms
The following definitions shall apply only to the Floodplain Development Ordinance, and
shall not be affected by the provisions of any other ordinance of the Town of Stark, NH.
“Area of Special Flood Hazard” is the land in the floodplain within the Town of Stark,
NH subject to a one-percent or greater possibility of flooding in any given year. The
area is designated as Zone A on the Flood Insurance Rate Map (FIRM).
“Base Flood” means the flood having a one-percent possibility of being equaled or
exceeded in any given year.
“Basement” means any area of a building having its floor sub grade on all sides.
“Building” means “structure”
“Development” means any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structure, mining, dredging, filling, grading,
paving, excavation, or drilling operation, or storage of equipment or material.
“FEMA” means the Federal Emergency Management Agency.
“Flood or Fiooding” means a general and temporary condition of partial or complete
inundation of normally dry land area from:
A. The overflow of inland or tidal waters or
B. The unusual and rapid accumulation or runoff of surface waters from
any source.
“Flood Insurance Rate Map” (FIRM) means an official map incorporated with this
ordinance, on which FEMA has delineated both the special flood hazard areas and the
risk premium zones applicable to the Town of Stark, NН.
“Flood Insurance Study (FIS”) means an examination, elevation and determination of
flood hazards, and if appropriate, corresponding water surface elevations, or an
examination, elevation and determination of mudslide (i.e.mudflow) and/or flood
related erosion hazards.
“Floodplain” or “Flood-prone area” means any land area susceptible to being
inundated by water from any source (see definition of “flooding”).
“Flood proofing” means any combination of structural and non-structural additions,
changes, or adjustments to structures which reduce or eliminate flood damage to real
estate or improved real property, water and sanitation facilities, structures and their
contents.
“Floodway” means “regulatory floodway”.
“Highest adjacent grade” means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
“Historic Structure” means any structure that is:
A. Listed individually in the National Register of Historic Places (a listing
maintained by the Department of Interior) or preliminarily determined by
The Secretary of Interior as meeting the requirements for individual listing
on the National Register;
B. Certifled or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a
district preliminarily determined by the Secretary to qualify as a registered
historic district.
C. Individually listed on a state inventory of historic places in states with
historic preservation programs which have been approved by the Secretary of
the Interior; or
D. Individually listed on a local inventory of historic places in communities with
Historic preservation programs that have been certified either:
e

1. By an approved state program as determined by the Secretary of the
   Interior.
2. Directly by the Secretary of the Interior in states without approved
   programs.
   “Lowest Floor” means the lowest floor of the lowest enclosed area (including
   basement). An unfinished or flood resistant enclosure, usable solely for parking of
   vehicles, building access or storage in an area other than a basement area is not
   considered a building’s lowest floor; provided that such an enclosure is not built so as to
   render the structure in violation of the applicable non-elevation design requirement of
   this ordinance.
   “Manufactured Home” means a structure, transportable in one or more sections,
   which is build on a permanent chassis and is designed for use with or without a
   permanent foundation when connected to the required utilities. For floodplain
   management purposes the term “manufactured home” includes park trailers, travel
   trailers, and other similar vehicles placed on a site for greater than 180 days. This
   includes manufactured homes located in a manufactured home park or subdivision.
   “Manufactured Home Park or Subdivision”_means a parcel (or contiguous parcels)
   of land divided into two or more manufactured home lots for rent or sale.
   “Mean sea level” means the National Geodetic Vertical Datum (NGVD) of 1929, North
   American Vertical Datum (NAVD) of 1988, or other datum, to which base flood
   elevations shown on a community’s Flood Insurance Rate Map are referenced.
   “New construction” means for the purposes of determining insurance rates, structures
   for which the start of construction commenced on or after the effective date of initial
   FIRM or after December 31, 1974, whíchever is later, and includes any subsequent
   improvements to such structures. For floodplain management purposes, new
   construction means structures for which the start of construction commenced on or after
   the effective date of a floodplain management regulation adopted by a community and
   includes any subsequent improvements to such structures.
   “100-year flood” means “base flood”
   “Recreational vehicle” is defined as:
   (a) Built on a single chassis:
   (b)
   (c)
   400 square feet or less when measured at the largest horizontal projection.
   Designed to be self-propelled or permanently tow able by a light duty truck.
   (d) Designed primarily not for use as apermanent dwelling but as temporary
   living quarters for recreational, camping, travel or seasonal use.
   “Regulatory floodway” means the channel of a river or other watercourse and the
   adjacent land areas that must be reserved in order to discharge the base flood without
   cumulatively increasing the water surface elevation more than a designated height.
   “Special flood hazard area” means an area having flood, mudslide, and/or flooрrelated erosion hazards.
   “Structure” means, for floodplain management purposes, a walled and roofed building,
   including a gas or liquid storage tank, that is principally above ground, as well as a
   manufactured home.
   “Start of construction” includes substantial improvements, and means the date the
   building permit was issued, provided the actual start of construction, repair,
   reconstruction, placernent, or other improvement was within 180 days of the permit
   date. The actual start means either the first placement of permanent construction of a
   structure on site, such as the pouring of slab or footings, the installation of piles, the
   constructions of columns, or any work beyond the stage of excavation; or the placement
   of a manufactured home on a foundation. Permanent construction does not include
   land preparation, such as clearing, grading and filling; nor does it include the installation
   of streets and/or walkways; not does it include exaction for a basement, footing, piers,
   or foundations or the erection of temporary forms; not does it include the installation on
   the property of accessory buildings, such as garages or shed nat occupied as dwelling
   units or part of the main structure.
   “Substantial damage” means damage of any origin sustained by a structure whereby
   the cost of restoring the structure to its before-damaged condition would equal or
   exceed 50 percent of the market value of the structure before the damage occurred.
   “Substantial improvement” means any combination of repairs, reconstruction,
   alteration, or improvements to a structure in which the cumulative cost equals or
   exceeds fifty percent of the market value of the structure. The market value of the
   structure should equal: (1) the appraised value prior to the start of the initial repair or
   improvement, or (2) in the case of damage, the value of the structure prior to the
   damage occurring. For the purposes of this definition, “substantial improvement” is
   considered to occur when the first alteration of any wall, ceiling, floor, or other structural
   part of the building commences, whether or not that alteration affects the external
   dimensions of the structure. This term includes structures, which have incurred
   substantial damage, regardless of actual repair work performed. The term does not,
   however, include any project for improvement of a structure required to comply with
   existing health, sanitary, or safety code specifications which are solely necessary to
   assure safe living conditions or any alteration of a “historic structure”, provided that the
   alteration will not preclude the structure’s continued designation as a “historic structure”.
   “Violation” means the failure of a structure or other development to be fully compliant
   with the community’s flood plain management regulations. A structure or other
   development without the elevation certificate, other certifications, or other evidence of
   compliance required under Item V or Item VIII, B.2. of this ordinance is presumed to be
   in violation until such time as the documentation is provided.
   “Water surface elevation” means the height, in relation to the National Geodetic
   Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, (or
   other datum, where specified) of floods of various magnitudes and frequencies in the
   floodplains.
   Item II: Permit Required
   All proposed development in any special flood hazard area shall require a permit from
   the Board of Selectmen.
   Item III: Construction Requirements: Buildings
   The Board of Selectmen shall review all building permit applications for new
   construction or substantial improvements to determine whether proposed building sites
   will be reasonably safe from flooding. If a proposed building site is located in a special
   flood hazard area, all new construction or substantial improvements shall:
   A. Be designed (or modifled) and adequately anchored to prevent
   flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and
   hydrostatic loads, including the effects of buoyancy.
   damages.
   B. Be constructed with materials resistant to flood damage.
   C. Ве constructed by methods and practices that minimize flood
   D. Be constructed with electrical, heating, ventilation, plumbing, and air
   conditioning equipment, and other service facilities that are designed and/or located so
   as to prevent water from entering or accumulating within the components during
   conditions of flooding.
   Item IV: Construction Requirements: Water and Sewer Systems
   Where new or replacement water and sewer systems (including on-site systems) are
   proposed in a special flood hazard area the applicant shall provide the Board of
   Selectmen with assurance that these systems will be designed to minimize or eliminate
   infiltration of flood waters into the systems and discharges from the systems into flood
   waters, and on-site waste disposal systems will be located to avoid impairment to them
   or contamination from them during periods of flooding.
   Item V: Permit Requirements-Certification
   For all new or substantially improved structures located in special flood hazard areas,
   the applicant shall furnish the following information to the Board of Selectmen:
   A. The as built elevation (in relation to NGVD) of the lowest floor
   (including basement) and include whether or not such structures contain a basement.
   B. If the structure has been flood proofed, the as-built elevation (in
   relation to NGVD) to which the structure was flood proofed.
   Item VI:
   C. Any certification of flood proofing.
   Other Permits Required
   The Board of Selectmen shall not grant a building permit until the applicant certifies that
   all necessary permits have been received from those governmental agencies from
   which approval is required by federal or state law, including Section 404 of the Federal
   Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.
   Item VII: Submission Requirements-Watercourses
   A. In riverine situations, prior to the alteration or relocation of a watercourse, the
   applicant for such authorization shall notify the Wetlands Bureau of New Hampshire
   Department of Environmental Services and submit copies of such notification to the
   Board of Selectmen, in addition to the copies required by RSA 482-A:3. Further, the
   applicant shall be required to submit copies of said notification to those adjacent
   communities as determined by the Board of Selectmen, including notice of all scheduled
   hearing before the Wetlands Bureau.
   B. The applicant shall submit to the Board of Selectmen certification provided by a
   registered professional engineer, assuring that the flood carrying capacity of an altered
   or relocated watercourse can and will be maintained.
   C. The Board of Selectmen shall obtain, review, and reasonably utilize any floodway
   data available from Federal, State, or other sources as criteria for requiring that all
   development located in Zone A meet the following floodway requirement:
   “No encroachments, including fill, new construction, substantial
   improvements, and other development are allowed within the floodway that would result
   in any increase in flood levels within the community during the base flood discharge”.
   Item VIII: Permit Review Requirements-Special Flood Hazard Areas
   A. In Zone A zone the Board of Selectmen shall obtain, review, and reasonably utilize
   any 100-year flood elevation data available from any federal, state or other source
   including data submitted for development proposals submitted to the community (i.e.
   subdivisions, site approvals).
   B. The Board of Selectmen’s 100-year flood elevation determination will be used as
   criteria for requiring in Zone A that:
3. All new construction or substantial improvements of residential
   structures have the lowest floor (including basement) elevated to or above the 100-year
   flood elevation.
4. That all new construction or substantial improvements of nonresidential structure have the lowest floor (including basement) elevated to or above the
   100-year flood level; or together with attendant utility and sanitary facilities, shall:
   (a) Be flood proofed so that below the 100=year flood elevation the
   structure is watertight with walls substantially impermeable to the passage of water;
   (b) Have structural components capable of resisting hydrostatic
   and hydrodynamic loads and the effects of buoyancy; and
   (с) Ве сertified by a registered professional engineer or architect
   that the design and methods of construction are in accordance with accepted standards
   of practice for meeting the provisions of this section.
   (d) All manufactured homes to be placed or substantially improved
   within special flood hazard areas shall be elevated on a permanent foundation such that
   the lowest floor of the manufactured home is at or above the 100-flood elevation; and be
   securely anchored to resist flotation, collapse or lateral movement. Methods of
   anchoring may include, but are not limited to, use of over-the-top or frame ties to ground
   anchors.
   (e) For all new construction and substantial improvements, fully
   enclosed areas below the lowest floor that are subject to flooding are permitted provided
   they meet the flowing requirements: (1) the enclosed area is unfinished or floop
   resistant, usable solely for the parking of vehicles, building access or storage; (2) the
   area is not abasement; and (3) shall be designed to automatically equalize hydrostatic
   flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs
   for meeting this requirement must either be certified by a registered professional
   engineer or architect or must meet or exceed the following minimum criteria:
   minimum of two openings having a total net area of not less than one square inch for
   every square foot of enclosed area subject to flooding shall be provided. The bottom of
   all openings shall be no higher than one foot above grade. Openings may be equipped
   with screens, louvers, or other covering or devices provided that they permit the
   automatic entry and exit of floodwater.
   a
   (f) All recreational vehicles placed on sites withing Zone A shall
   either:
   (1) Be on the site for fewer than 180 consecutive days:
   (II) Be fully licensed and ready for highway use; or
   (III) Meet all standards of Item II of this ordinance and the elevation
   and anchoring requirements for “manufactured homes” in Item VIII,C. of this ordinance.
   A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is
   attached to the site only by quick disconnect type utilities and security devices, and has
   no permanent attached additions.
   NOTE: IF STARK ALREADY HAS A ZONING ORDINANCE PROVIDING FOR THE
   ESTABLISHMENT OF A BOARD OF ADJUSTMENT, ITEM IX AS WRITTEN MAY BE
   DELETED AND ALL SUBSEQUENT SECTIONS RECODIFIED.
   Item IX: Board of Adlustment
   Members and alternates of the Zoning Board of Adjustment shall be selected by the
   Board of Selectmen after the effective date of this Ordinance. Members shall take an
   appropriate oath of office as required by RSA 42:1. The Town records shall clearly
   show the dates of appointments and expiration of the terms. Appointments made to fill
   unexpired terms shall be for the remainder of the term. The Board shall have the
   powers and duties prescribed by RSA 674:33. The Board shall elect its chairman from
   its members and may create other offices as it deems necessary. The term of every
   officer and chairman shall be one (1) year. Both chairman and. officers shall be eligible
   for re-election. The Board shall adopt at a regular meeting of the Board, rules of
   procedure concerning the method of conducting its business.
   Item X: Appeals
   All appeals and applications made to the Board of Adjustment shall be in writing, on
   forms prescribed by the Board. Every appeal or application shall refer to the specific
   provisions of the Ordinance involved, and shall exactly set for the interpretation that is
   claimed, the use for which the special permit is sought, or the details of the variance
   that is applied for and the grounds on which it is claimed that the variance should be
   granted, as the case may be.
   Public hearing and notice shall be held in compliance with RSA 676:7.
   Every decision of the Board of Adjustment shall be by resolution, each of which shall
   contain a full record of the findings of the Zoning Board of Adjustment in the particular
   case.
   When an application is submitted, the files should be reviewed to determine if a
   previous application was denied for the same situation. If so, the Board should
   determine if circumstances have changed sufficiently to warrant acceptance of a
   reapplication.
   NOTE: THESE VARIANCE CRITERIA MUST BE CONSIDERED IN ADDITON TO
   THE ESTABLISH CRITERIA FOR THE FLOODPLAIN MANAGEMENT ORDINANCE
   TO BE COMPLIANT WITH FEMA REQUIREMENTS. IT IS RECOMMENDED THAТ
   THE ZONING BOARD OF ADJUSTMENT BE ADVISED OF THESE ADDITIONAL
   CRITERIA.
   Item XI: Variances
   Any order, requirement, decision or determination of the Board of Selectmen made
   under this ordinance may be appealed to the Zoning Board of Adjustment as set forth in
   RSA 676:5.
   A variance is a relaxation or setting aside in a specific case, of certain specified terms of
   this ordinance. In accordance with RSA 674:33 I (b), the Board of Adjustment may
   grant in specific cases such variances as will not be contrary to the public interest owing
   to special conditions, a literal enforcement of the provisions of the ordinance will result
   in unnecessary hardship, and so that the spirit of the ordinance shall be observed and
   substantial justice done.
   The Board of Adjustment may authorize a variance where it finds that all of the following
   conditions apply:
   A. The proposed use will not diminish surrounding property values
   B. Granting the variance will be in the public interest;
   C. The use will not be contrary to the spirit of the ordinance.
   D. By granting the variance substantial justice will be done.
   E. Denial of a variance would result in unnecessary hardship to the owner.
   F. If the applicant, upon appeal, requests a variance as authorized by RSA
   674:33,1 (b), the applicant shall have the burden of showing in addition to the usual
   variance standards under state law that:
   (1) The variance will not result in increased flood heights, additional threats
   to public safety, or extraordinary public expense:
   (2) If the requested variance is for activity within a designated regulatory
   floodway, no increase in flood levels during the base flood discharge will
   result; and
   (3) The variance is the minimum necessary, considering the flood hazard, to
   afford relief.
   The Zoning Board of Adjustment shall notify the applicant in writing that (1) the issuance
   of a variance to construct below the base flood level will result in increased premium
   rates for flood insurance up to amounts as high a $ 25 for $ 100 of insurance coverage
   and (2) such construction below the base flood level increases risks to life and property.
   Such notification shall be maintained with a record of all variance actions.
   The community shall (1) maintain a record of all variance actions, including their
   justification for their issuance, and (2) report such variances issued in its annual or
   biennial report submitted to FEMA’S Federal Insurance Administrator.
   The Zoning Board of Adjustment may approve, approve with conditions, or deny
   applications for variances following the procedures in this Ordinance.
   Item XII: Rehearing
   Within twenty (20) days after any decision or order of the Zoning Board of Adjustment,
   any party to the action or proceeding, or any person directly affected thereby, may apply
   for a rehearing in respect to any matter determined in the action or proceeding or
   covered or included in the order in accord with RSA 677:2. A Motion for Rehearing
   shall set forth fully every ground upon which it is clalmed that the decision or order
   complained of is unlawful or unreasonable. No appeal from any order or decision of the
   Zoning Board of Adjustment shall be taken unless the applicant shall have made
   application for rehearing as provided in RSA 677:2 and no ground not set forth in the
   application shall be urged, relied on, or given any consideration by a court except as
   provided in RSA 677:3. The Board of Adjustment shall, within 10 days after a Motion for
   Rehearing is filed, either grant or deny the motion or suspend the order or decision
   complained of pending further consideration.
   Item XIII: Miscellaneous Legal Provisions
   Amendments to regulations and district boundaries set forth in this Ordinance proposed
   by the Planning Board, County Commissioners or petition of voters shall be acted upon
   in accordance with the procedures set forth in RSA 675.
   Should any provision of this Ordinance be declared by the courts to be invalid, such
   decision shall not affect the validity of the Ordinance as a whole, or any other section or
   provision thereof.
   Whenever the requirements of the Ordinance conflict with the requirements of any other
   lawfully adopted rules, regulations or ordinances, the most restrictive or higher
   standards shall apply.
   It shall be the duty of the Board of Selectmen (or their designee) to enforce and
   administer the provisions of the Ordinance in accordance with RSA 676.
   The Ordinance and Map shall become effective immediately upon it passage on March
   12, 2013.
   Susan Croteau – Town Clerk

TOWN OF STARK, NEW HAMPSHIRE

FLOODPLAIN DEVELOPMENT ORDINANCE

2013 Ordinance – Proposed Minimal Amendment

Purpose

Certain areas of the Town of Stark, New Hampshire are subject to periodic flooding, causing serious damage to properties within these areas. Relief is available in the form of flood insurance as authorized by the National Flood Insurance Act of 1968. Therefore, the Town of Stark, New Hampshire has chosen to become a participating community in the National Flood Insurance Program and agrees to comply with the requirements of the National Flood Insurance Act of 1968 (P.L. 90-448, as amended) as detailed in this Floodplain Development Ordinance.

This Ordinance establishes a permit system and review procedure for development activities in the areas of special flood hazard of the Town of Stark, New Hampshire.

Establishment

This Ordinance is adopted as a separate floodplain management ordinance pursuant to RSA 674:16, RSA 674:17, and RSA 674:56. The Town of Stark has not adopted a general zoning ordinance. This Ordinance regulates only development within the special flood hazard areas identified herein.

The regulations in this Ordinance shall apply to all lands within the Town of Stark designated as special flood hazard areas by the Federal Emergency Management Agency (FEMA) in the “Flood Insurance Study for Coos County, New Hampshire and Incorporated Areas,” effective February 20, 2013, together with the associated Flood Insurance Rate Maps effective February 20, 2013, as amended, which are declared to be part of this Ordinance and are incorporated by reference.

Item I: Definition of Terms

The following definitions shall apply only to the Floodplain Development Ordinance and shall not be affected by the provisions of any other ordinance of the Town of Stark, New Hampshire.

“Area of Special Flood Hazard” means the land within the Town of Stark subject to a one-percent or greater possibility of flooding in any given year and designated as Zone A on the effective Flood Insurance Rate Map (FIRM).

“Base Flood” means the flood having a one-percent possibility of being equaled or exceeded in any given year.

“Basement” means any area of a building having its floor subgrade on all sides.

“Building” means structure.

“Development” means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

“FEMA” means the Federal Emergency Management Agency.

“Flood or Flooding” means a general and temporary condition of partial or complete inundation of normally dry land area from:

A. The overflow of inland or tidal waters; or

B. The unusual and rapid accumulation or runoff of surface waters from any source.

“Flood Insurance Rate Map (FIRM)” means an official map incorporated with this Ordinance, on which FEMA has delineated both the special flood hazard areas and the risk premium zones applicable to the Town of Stark, New Hampshire.

“Flood Insurance Study (FIS)” means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

“Floodplain or Flood-prone Area” means any land area susceptible to being inundated by water from any source (see definition of flooding).

“Floodproofing” means any combination of structural and non-structural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitation facilities, structures and their contents.

“Floodway” means regulatory floodway.

“Highest Adjacent Grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

“Historic Structure” means any structure that is:

A. Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

C. Individually listed on a state inventory of historic places in states with historic preservation programs approved by the Secretary of the Interior; or

D. Individually listed on a local inventory of historic places in communities with historic preservation programs certified either by an approved state program, as determined by the Secretary of the Interior, or directly by the Secretary of the Interior in states without approved programs.

“Lowest Floor” means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure usable solely for parking of vehicles, building access or storage in an area other than a basement is not considered a building’s lowest floor, provided that such an enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of this Ordinance.

“Manufactured Home” means a structure, transportable in one or more sections, which is built on a permanent chassis and designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 days. This includes manufactured homes located in a manufactured home park or subdivision.

“Manufactured Home Park or Subdivision” means a parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.

“Mean Sea Level” means the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum to which base flood elevations shown on a community’s Flood Insurance Rate Map are referenced.

“New Construction” means, for purposes of determining insurance rates, structures for which the start of construction commenced on or after the effective date of the initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by the community and includes any subsequent improvements to such structures.

“100-year Flood” means base flood.

“Recreational Vehicle” means a vehicle which is:

A. Built on a single chassis;

B. 400 square feet or less when measured at the largest horizontal projection;

C. Designed to be self-propelled or permanently towable by a light-duty truck; and

D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

“Regulatory Floodway” means the channel of a river or other watercourse and adjacent land areas that must be reserved to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

“Special Flood Hazard Area” means the land within the Town of Stark subject to a one-percent or greater chance of flooding in any given year and designated as Zone A on the effective Flood Insurance Rate Map.

“Structure” means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

“Start of Construction” includes substantial improvements and means the date the Floodplain Development Permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on site, such as pouring a slab or footings, installing piles, constructing columns, or any work beyond excavation; or placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; installation of streets or walkways; excavation for a basement, footings, piers or foundations; erection of temporary forms; or installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or part of the main structure.

“Substantial Damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

“Substantial Improvement” means any combination of repairs, reconstruction, alteration or improvements to a structure in which the cumulative cost equals or exceeds 50 percent of the market value of the structure. The market value of the structure should equal: (1) the appraised value prior to the start of the initial repair or improvement; or (2) in the case of damage, the value of the structure prior to the damage occurring. For purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not include a project required to comply with existing health, sanitary or safety code specifications solely necessary to assure safe living conditions, or an alteration of a historic structure, provided the alteration will not preclude the structure’s continued designation as a historic structure.

“Violation” means the failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required under Item V or Item VIII.B.2 of this Ordinance is presumed to be in violation until the documentation is provided.

“Water Surface Elevation” means the height, in relation to NGVD 1929, NAVD 1988, or other datum where specified, of floods of various magnitudes and frequencies in the floodplains.

Item II: Permit Required

All proposed development in any special flood hazard area shall require a Floodplain Development Permit issued by the Floodplain Administrator.

Item III: Construction Requirements – Buildings

The Floodplain Administrator shall review all applications for Floodplain Development Permits involving new construction or substantial improvements to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in a special flood hazard area, all new construction or substantial improvements shall:

A. Be designed or modified and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

B. Be constructed with materials resistant to flood damage.

C. Be constructed by methods and practices that minimize flood damage.

D. Be constructed with electrical, heating, ventilation, plumbing and air-conditioning equipment, and other service facilities, designed and/or located to prevent water from entering or accumulating within the components during conditions of flooding.

Item IV: Construction Requirements – Water and Sewer Systems

Where new or replacement water and sewer systems, including on-site systems, are proposed in a special flood hazard area, the applicant shall provide the Floodplain Administrator with assurance that these systems will be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters, and that on-site waste-disposal systems will be located to avoid impairment to them or contamination from them during periods of flooding.

Item IV-A: Subdivisions and Other New Development

The Floodplain Administrator shall review all subdivision proposals and other proposed new development, including manufactured home parks and subdivisions, located in a special flood hazard area to determine whether the proposals will be reasonably safe from flooding and to assure that:

A. The proposals are consistent with the need to minimize flood damage;

B. Public utilities and facilities, including sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damage; and

C. Adequate drainage is provided to reduce exposure to flood hazards.

All new subdivision proposals and other proposed development, including manufactured home parks and subdivisions, greater than 50 lots or five acres, whichever is the lesser, shall include base flood elevation data when such data are not otherwise available.

Item V: Permit Requirements – Certification and Records

For all new or substantially improved structures located in special flood hazard areas, the applicant shall furnish the following information to the Floodplain Administrator, who shall maintain a record of the information:

A. The as-built elevation, in relation to the applicable datum, of the lowest floor, including basement, and whether the structure contains a basement.

B. If the structure has been floodproofed, the as-built elevation, in relation to the applicable datum, to which the structure was floodproofed.

C. Any certification of floodproofing.

Item VI: Other Permits Required

The Floodplain Administrator shall not issue a Floodplain Development Permit until the applicant certifies that all necessary permits have been received from governmental agencies from which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1344.

Item VII: Submission Requirements – Watercourses

A. In riverine situations, prior to alteration or relocation of a watercourse, the applicant shall notify the Wetlands Bureau of the New Hampshire Department of Environmental Services and submit copies of the notification to the Floodplain Administrator, in addition to copies required by RSA 482-A:3. The applicant shall also submit copies to adjacent communities as determined by the Floodplain Administrator, including notice of all scheduled hearings before the Wetlands Bureau.

B. The applicant shall submit to the Floodplain Administrator certification provided by a registered professional engineer assuring that the flood-carrying capacity of an altered or relocated watercourse can and will be maintained.

C. The Floodplain Administrator shall obtain, review and reasonably utilize any floodway data available from federal, state or other sources as criteria for requiring that all development located in Zone A meet the following floodway requirement: No encroachments, including fill, new construction, substantial improvements and other development, are allowed within the floodway that would result in any increase in flood levels within the community during the base flood discharge.

Item VIII: Permit Review Requirements – Special Flood Hazard Areas

A. In Zone A, the Floodplain Administrator shall obtain, review and reasonably utilize any 100-year flood-elevation data available from any federal, state or other source, including data submitted for development proposals to the community, such as subdivisions and site approvals.

Regardless of whether base flood elevation data are available, all manufactured homes placed within Zone A shall be installed using methods and practices that minimize flood damage. Manufactured homes shall be elevated and anchored to resist flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, over-the-top or frame ties to ground anchors.

B. The Floodplain Administrator’s 100-year flood-elevation determination will be used as criteria for requiring in Zone A that:

1. All new construction or substantial improvements of residential structures have the lowest floor, including basement, elevated to or above the 100-year flood elevation.

2. All new construction or substantial improvements of nonresidential structures have the lowest floor, including basement, elevated to or above the 100-year flood elevation; or, together with attendant utility and sanitary facilities, shall:

(a) Be floodproofed so that below the 100-year flood elevation the structure is watertight with walls substantially impermeable to the passage of water;

(b) Have structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy; and

(c) Be certified by a registered professional engineer or architect that the design and methods of construction comply with accepted standards of practice for meeting this section.

3. All manufactured homes placed or substantially improved within special flood hazard areas shall be elevated on a permanent foundation so that the lowest floor is at or above the 100-year flood elevation and shall be securely anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, over-the-top or frame ties to ground anchors.

4. For all new construction and substantial improvements, fully enclosed areas below the lowest floor subject to flooding are permitted provided: (a) the enclosed area is unfinished or flood resistant and used solely for vehicle parking, building access or storage; (b) the area is not a basement; and (c) the area is designed to automatically equalize hydrostatic flood forces on exterior walls by allowing entry and exit of floodwater. Designs must be certified by a registered professional engineer or architect or must provide at least two openings with a total net area of at least one square inch per square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above grade. Screens, louvers or other coverings or devices are permitted if they allow automatic entry and exit of floodwater.

5. All recreational vehicles placed on sites within Zone A shall either:

(a) Be on the site for fewer than 180 consecutive days;

(b) Be fully licensed and ready for highway use; or

(c) Meet all standards of Item II and the elevation and anchoring requirements for manufactured homes in this Item VIII.

A recreational vehicle is ready for highway use if it is on its wheels or jacking system, attached to the site only by quick-disconnect utilities and security devices, and has no permanently attached additions.

Item IX: Board of Adjustment

Members and alternates of the Zoning Board of Adjustment shall be selected by the Board of Selectmen after the effective date of this Ordinance. Members shall take an appropriate oath of office as required by RSA 42:1. The Town records shall clearly show the dates of appointments and expiration of the terms. Appointments made to fill unexpired terms shall be for the remainder of the term. The Board shall have the powers and duties prescribed by RSA 674:33. The Board shall elect its chairman from its members and may create other offices as it deems necessary. The term of every officer and chairman shall be one (1) year. Both chairman and officers shall be eligible for re-election. The Board shall adopt, at a regular meeting of the Board, rules of procedure concerning the method of conducting its business.

Item X: Appeals

All appeals and applications made to the Board of Adjustment shall be in writing, on forms prescribed by the Board. Every appeal or application shall refer to the specific provisions of the Ordinance involved and shall exactly set forth the interpretation claimed, the use for which a special permit is sought, or the details of the variance applied for and the grounds on which it is claimed that the variance should be granted, as the case may be.

Public hearing and notice shall be held in compliance with RSA 676:7.

Every decision of the Board of Adjustment shall be by resolution, which shall contain a full record of the findings of the Zoning Board of Adjustment in the particular case.

When an application is submitted, the files should be reviewed to determine whether a previous application was denied for the same situation. If so, the Board should determine whether circumstances have changed sufficiently to warrant acceptance of a reapplication.

Item XI: Variances

Any order, requirement, decision or determination of the Floodplain Administrator made under this Ordinance may be appealed to the Zoning Board of Adjustment as set forth in RSA 676:5.

A variance is a relaxation or setting aside, in a specific case, of certain specified terms of this Ordinance. In accordance with RSA 674:33, I(b), the Board of Adjustment may grant, in specific cases, variances that are consistent with applicable state law and the additional federal floodplain criteria stated below.

The Board of Adjustment may authorize a variance where it finds that all of the following conditions apply:

A. The proposed use will not diminish surrounding property values.

B. Granting the variance will be in the public interest.

C. The use will not be contrary to the spirit of the Ordinance.

D. By granting the variance, substantial justice will be done.

E. Denial of a variance would result in unnecessary hardship to the owner.

F. In addition to the applicable state-law variance standards, a floodplain variance may be issued only upon:

(1) A showing of good and sufficient cause;

(2) A determination that failure to grant the variance would result in exceptional hardship to the applicant;

(3) A determination that granting the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, creation of a nuisance, fraud on or victimization of the public, or conflict with existing federal or state laws or local ordinances;

(4) A determination that, if the requested variance concerns development within a regulatory floodway, no increase in flood levels during the base flood discharge will result; and

(5) A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

The Zoning Board of Adjustment shall notify the applicant in writing that: (1) issuance of a variance to construct below the base flood level will result in increased flood-insurance premium rates up to amounts as high as $25 for $100 of insurance coverage; and (2) construction below the base flood level increases risks to life and property. The notification shall be maintained with a record of all variance actions.

The Town shall maintain a record of all variance actions, including justification for issuance, and report variances issued in its annual or biennial report submitted to FEMA’s Federal Insurance Administrator.

The Zoning Board of Adjustment may approve, approve with conditions, or deny applications for variances following the procedures in this Ordinance.

Item XII: Rehearing

Within twenty (20) days after any decision or order of the Zoning Board of Adjustment, any party to the action or proceeding, or any person directly affected thereby, may apply for a rehearing in respect to any matter determined in the action or proceeding or covered or included in the order in accordance with RSA 677:2. A Motion for Rehearing shall fully set forth every ground upon which it is claimed that the decision or order complained of is unlawful or unreasonable. No appeal from an order or decision of the Zoning Board of Adjustment shall be taken unless the applicant has made application for rehearing as provided in RSA 677:2, and no ground not set forth in the application shall be urged, relied on or given consideration by a court except as provided in RSA 677:3. The Board of Adjustment shall, within 10 days after a Motion for Rehearing is filed, either grant or deny the motion or suspend the order or decision complained of pending further consideration.

Item XIII: Miscellaneous Legal Provisions

Amendments to regulations and district boundaries set forth in this Ordinance proposed by the Planning Board, County Commissioners or petition of voters shall be acted upon in accordance with the procedures set forth in RSA 675.

Should any provision of this Ordinance be declared by the courts to be invalid, such decision shall not affect the validity of the Ordinance as a whole or any other section or provision thereof.

Item XIV: Administration and Enforcement

The Board of Selectmen shall designate a Floodplain Administrator to administer and enforce this Ordinance in accordance with RSA 676. The Floodplain Administrator shall review applications, issue Floodplain Development Permits, make floodplain determinations, maintain records required by this Ordinance, conduct or arrange inspections as appropriate, and initiate enforcement action when necessary.

This Ordinance and Map originally became effective upon passage on March 12, 2013. The amendments adopted by the Town shall become effective upon passage on ____________________.

COMPARISON OF PROPOSED CHANGES

Town of Stark Floodplain Development Ordinance

Existing ordinance adopted March 12, 2013 | Proposed minimal compliance amendment

Key point: The Town is proposing to amend the valid 2013 ordinance, not replace a definitions-only document. Most existing standards remain. The changes below address identified FEMA/NFIP and New Hampshire procedural requirements and clarify who administers the ordinance.

How to read this comparison

The table summarizes each substantive proposed change. It is intended as a public explanation; the complete proposed ordinance controls if wording differs from this summary.

Section / topic	2013 ordinance	Proposed change	Purpose / effect
Authority and scope	Cites RSA 674:16 and applies to FEMA-designated special flood-hazard lands.	Adds RSA 674:17 and RSA 674:56; states that this is a separate floodplain-management ordinance because Stark has no general zoning; confirms that it applies only in mapped special flood-hazard areas.	Clarifies the state-law authority and prevents the ordinance from being read as townwide general zoning.
FEMA study and maps	References the “Flood Insurance Study for the County of Coos, N.H.” and associated maps dated February 20, 2013.	Uses the official title: “Flood Insurance Study for Coos County, New Hampshire and Incorporated Areas,” effective February 20, 2013, with associated FIRMs effective that date, as amended.	Corrects and standardizes the official FEMA mapping reference.
Flood-hazard-area definitions	Uses both “Area of Special Flood Hazard” and “Special Flood Hazard Area,” with the latter broadly referring to flood, mudslide and erosion hazards.	Clarifies that Stark’s regulated area is land designated Zone A on the effective FIRM and subject to at least a one-percent annual chance of flooding.	Ties the regulated area directly to Stark’s actual effective FEMA mapping.
Permit name and coverage	Requires a permit from the Board of Selectmen for all proposed development, but later refers to building permits.	Uses “Floodplain Development Permit” consistently and requires it for all development in the mapped floodplain, not only buildings.	FEMA requires permit review for construction and other development such as fill, grading, excavation and manufactured-home placement.
Floodplain Administrator	Assigns most review and enforcement duties directly to the Board of Selectmen or its designee.	The Select Board designates a Floodplain Administrator. That official reviews applications, issues permits, makes determinations, maintains records, arranges inspections and initiates enforcement.	Makes responsibility clear while leaving the Select Board in control of the local designation.
Building and utility review	The Select Board reviews building sites, construction methods, utilities, and water and sewer systems.	Keeps the same construction and utility standards but assigns the review to the designated Floodplain Administrator and uses the new permit name.	Administrative clarification; the underlying flood-protection standards remain.
All subdivisions and new development	Does not contain a complete, separate review standard for every subdivision and other new development in the special flood-hazard area.	Adds Item IV-A requiring review of all such proposals for flood safety, minimized damage, protected utilities and adequate drainage.	The review applies regardless of project size under FEMA’s minimum development standards.
Large proposals and BFE data	Directs the Town to use available elevation data but does not expressly require large proposals to supply it when unavailable.	Requires subdivision and other development proposals larger than 50 lots or five acres, whichever is less, to include base-flood-elevation data when it is otherwise unavailable.	The size threshold applies to supplying BFE data, not to whether floodplain review occurs.
Elevation and floodproofing records	Requires applicants to furnish lowest-floor and floodproofing elevation information to the Select Board.	Retains those requirements, directs submission to the Floodplain Administrator, and expressly requires the Town to maintain the records.	Clarifies the NFIP recordkeeping responsibility.
Other government permits	Bars issuance of a building permit until other required approvals are received; cites 33 U.S.C. 1334.	Uses “Floodplain Development Permit” and corrects the Clean Water Act Section 404 citation to 33 U.S.C. § 1344.	Corrects the permit terminology and federal statutory citation.
Watercourses and floodways	Requires notices, engineering certification, use of available floodway data, and no development that increases base-flood levels.	Keeps those requirements but assigns their administration to the Floodplain Administrator and cleans up terminology and numbering.	Administrative and editorial clarification; no new general prohibition is added.
Manufactured homes when no BFE exists	Requires elevation and anchoring when a 100-year flood elevation is used, but does not expressly state the minimum protection when no BFE is available.	Requires all manufactured homes in Zone A to be installed to minimize flood damage and to be elevated and anchored against flotation, collapse and lateral movement, even if BFE data are unavailable.	Adds the minimum protection required by 44 C.F.R. § 60.3(b)(8).
Variance findings	Contains state variance standards plus three federal findings: no increased flood heights/public danger/extraordinary expense; no floodway increase; and minimum relief.	Adds the remaining FEMA findings: good and sufficient cause; exceptional hardship; and no nuisance, fraud or victimization of the public, or conflict with other law. Existing warning and reporting provisions remain.	Completes the federal variance criteria while preserving the existing state-law standards.
ZBA creation – no change proposed	Item IX requires the Select Board to select ZBA members and alternates after the ordinance takes effect, requires oaths and appointment records, and gives the ZBA its statutory powers and rulemaking duties.	The 2013 ZBA-creation section is retained. The proposal does not replace it with different board-creation language.	The Town will still need to determine appointments, terms, alternates, training and readiness so the board can hear appeals or variances when needed.
Appeals	Appeals from Select Board decisions go to the ZBA, with written applications and public notice under RSA 676:7.	Retains the existing appeals procedure, but appeals are from decisions of the Floodplain Administrator because that is the designated permit official.	Conforms the appeal language to the proposed administrative structure.
Administration and enforcement	States generally that the Select Board or its designee administers and enforces the ordinance under RSA 676.	Creates a separate operative section listing the Floodplain Administrator’s permit, determination, records, inspection and enforcement duties.	Makes the required administrative system understandable and enforceable.
More-restrictive-rule clause	States that when this ordinance conflicts with another lawful rule or ordinance, the more restrictive or higher standard controls.	Removes that optional clause from the minimal amendment draft.	The clause is not an independent FEMA minimum requirement and the Town previously chose not to include it.
Formatting and internal references	Contains template notes, inconsistent numbering and lettering, inconsistent use of “flood plain/floodplain,” and outdated internal references.	Removes template instructions and corrects headings, numbering, lettering, cross-references and terminology.	Makes the ordinance readable and suitable for public hearing and voter consideration without changing unaffected substantive standards.

What is not changing

• The ordinance continues to apply only within FEMA-mapped special flood-hazard areas, not throughout Stark.
• The 2013 ZBA-creation provision remains in the ordinance.
• The existing building, utility, watercourse, floodway, elevation, floodproofing, enclosure and recreational-vehicle protections remain substantially in place.
• The proposal does not itself establish a permit fee or require every affected property owner to obtain a new survey or engineering study. Specialized certification remains applicable where the ordinance already requires it for particular designs or floodproofing methods.

Public process

Because this is a substantive amendment to a separate floodplain ordinance, the Planning Board hearing does not enact it. After the required hearing process and finalization, the proposal must be presented to Stark’s voters in accordance with RSA 674:56 and RSA 675. The comparison should be distributed together with the complete proposed ordinance.

Drafting note: This comparison is based on the March 12, 2013 ordinance and the proposed minimal-amendment draft. The New Hampshire Floodplain Management Program and municipal counsel should confirm the final wording before the public hearing and ballot process.

Is the Town proposing an entirely new ordinance or an amendment to the Floodplain Development Ordinance dated September 18, 2024? The notice refers to both “adoption” and an “amendment.”

The Town is proposing to amend the Floodplain Development Ordinance adopted by the voters on March 12, 1991 and amended on March 12, 2013. The proposed draft retains most of the 2013 ordinance while making limited changes needed to clarify administration and address identified FEMA/NFIP requirements.

The document dated September 18, 2024 was an unadopted draft. It is not the ordinance currently in effect and therefore cannot itself be amended or repealed. The notice should describe the proposal as an amendment—or an amended and restated version—of the ordinance last amended by the voters on March 12, 2013.

1. Was the September 18, 2024 ordinance ever formally approved by the voters in accordance with RSA 674:56 and RSA 675? If so, when did that vote occur?

No. The September 18, 2024 document was never presented to or approved by Stark voters and did not replace the Town’s existing ordinance.

Town records indicate that voters originally adopted floodplain regulations on March 12, 1991, by a vote of 55–5. On March 12, 2013, voters approved Article 11 amending the ordinance to incorporate FEMA’s Flood Insurance Study and Flood Insurance Rate Maps effective February 20, 2013. The complete 2013 ordinance remains the operative ordinance unless it was subsequently amended or repealed by the voters.

2. What specific FEMA or National Flood Insurance Program requirements are missing from the existing ordinance and prompting this proposal?

The complete 2013 ordinance contains considerably more than definitions. It already includes:

• A permit requirement for all development in the special flood-hazard area;
• Flood-resistant building and utility standards;
• Water and sewer requirements;
• Elevation and floodproofing documentation;
• Watercourse and floodway requirements;
• Standards for residential and nonresidential structures, manufactured homes, recreational vehicles and enclosed areas;
• A Zoning Board of Adjustment;
• Appeals and variance procedures;
• Recordkeeping and reporting requirements; and
• Administration and enforcement authority.

The proposed amendment is therefore intended to correct several limited deficiencies and inconsistencies rather than create an entirely new floodplain-management system. The principal proposed changes are:

• Correcting the official title of the Coos County Flood Insurance Study;
• Clarifying that this is a separate floodplain ordinance in a town without general zoning;
• Using “Floodplain Development Permit” consistently instead of alternating between “permit” and “building permit”;
• Designating a Floodplain Administrator and clearly assigning permitting, recordkeeping, inspection and enforcement duties;
• Adding complete review standards for all subdivisions and other new development in the floodplain;
• Requiring base-flood-elevation data for developments exceeding 50 lots or five acres when that information is otherwise unavailable;
• Requiring manufactured homes in Zone A to be elevated and anchored even when base-flood-elevation data are unavailable;
• Adding the complete FEMA variance findings, including good and sufficient cause, exceptional hardship and findings that the variance will not create a nuisance, defraud or victimize the public, or conflict with other laws;
• Correcting the Clean Water Act Section 404 citation; and
• Correcting numbering, cross-references, terminology and template material.

The existing building, floodproofing, watercourse, recreational-vehicle, enclosure, appeals, ZBA and enforcement provisions are largely being retained.

3. Will the Town provide the complete proposed ordinance, along with a comparison showing the differences from the existing ordinance, before the hearing?

Yes. The Town will make available:

• The complete ordinance adopted March 12, 2013;
• The complete proposed amended ordinance; and
• A section-by-section comparison identifying each substantive proposed change and its purpose.

The comparison should be made against the voter-approved 2013 ordinance—not the unadopted September 18, 2024 draft. Because most of the 2013 ordinance remains in place, a section-by-section comparison will clearly distinguish new requirements from existing requirements and from simple administrative or formatting corrections.

4. Is the September 9 hearing only the Planning Board hearing? When and how will the ordinance be presented to the voters for approval?

Yes. The September 9 hearing is a Planning Board public hearing only. The ordinance cannot be adopted at that hearing.

Following the hearing, the Planning Board will consider the public comments and determine the final wording. If the Board makes a substantive change after the hearing, an additional public hearing may be required.

Because Stark has a separate floodplain ordinance and no general zoning ordinance, RSA 674:56 requires amendments to follow the zoning-ordinance procedures in RSA 675. The final amendment is expected to be placed before Stark voters at the March 2027 annual Town Meeting. It will take effect only if approved by a majority of the votes cast by ballot.

5. Because RSA 674:56 requires a town without general zoning to establish a Zoning Board of Adjustment, what is the Town’s plan for creating and staffing that board?

The complete 2013 ordinance already establishes the process for creating the Zoning Board of Adjustment. Item IX provides that members and alternates are selected by the Board of Selectmen, take the required oath of office, have documented appointment terms, elect a chair and adopt rules of procedure.

The proposed amendment retains that section. Therefore, the Town does not need to add a new ZBA-creation provision. It does, however, need to determine whether five qualified resident members and appropriate alternates are currently appointed and, if not, fill those positions and organize the Board. Current RSA 673:3 requires a five-member ZBA. The Board would not need to meet regularly if it had no business, but it must legally exist and be prepared to hear an appeal or variance when one is filed.

6. Who will administer the ordinance, issue floodplain development permits, make floodplain determinations and handle enforcement?

The 2013 ordinance assigns administration and enforcement to the Board of Selectmen or its designee. The proposed amendment clarifies this by authorizing the Select Board to designate a Floodplain Administrator.

The designated administrator would:

• Review applications;
• Determine whether property or proposed development is subject to the ordinance;
• Issue or deny Floodplain Development Permits;
• Maintain required elevation, certification and variance records;
• Conduct or arrange necessary inspections; and
• Initiate enforcement action when violations occur.

The Select Board has not yet identified who will serve in that role. It could designate a qualified Town official, employee or contractor. Appeals from the administrator’s decisions and requests for variances would be heard by the Zoning Board of Adjustment. The final administrative arrangement should be determined and explained before the amendment takes effect.

7. What additional permitting requirements, fees, restrictions or costs could this ordinance create for affected property owners?

The 2013 ordinance already requires a permit for all proposed development within a mapped special flood-hazard area and already contains most of the applicable construction, elevation, anchoring, floodproofing and certification standards. Those are not entirely new requirements created by the proposed amendment.

The proposal does not establish a permit fee, and the Town has not adopted a floodplain permit fee schedule. It also does not create a general requirement that every applicant hire an engineer or obtain new base-flood-elevation data.

However, depending on the type and location of the development, an owner may have costs associated with meeting requirements already found in the 2013 ordinance. For example, professional certification may be required for certain nonresidential floodproofing designs, alterations of a watercourse or an alternative design for flood openings. Large subdivisions or developments exceeding the applicable FEMA threshold may also be responsible for developing base-flood-elevation information when it is otherwise unavailable.

The practical effect for most affected owners should be a clearer and more consistent permit process rather than an entirely new set of construction restrictions.

8. What is Stark’s current NFIP participation status, and what would happen if the amendment is not adopted?

Stark’s FEMA community number is 330038. It entered the NFIP Emergency Program on March 30, 1976 and the Regular Program on April 2, 1986. After a previous suspension, Stark was reinstated on November 19, 1992. FEMA later scheduled Stark for suspension on February 20, 2013, when the updated Coos County maps became effective; Stark voters amended the ordinance on March 12, 2013.

If the proposed amendment is not approved, the existing voter-approved 2013 ordinance does not automatically disappear. It would remain in effect. Nor would rejection of the amendment automatically cause immediate suspension from the NFIP.

However, if FEMA determines that the existing ordinance or its administration does not satisfy current program requirements and the Town does not correct the deficiencies, FEMA could place Stark on probation or suspend its participation. Suspension could prevent residents from purchasing or renewing NFIP policies and could affect certain mortgages and forms of federal assistance involving buildings in mapped Special Flood Hazard Areas.

Private flood insurance may be available in some cases, but availability, cost and acceptance depend on the insurer, lender and mortgage program. Fannie Mae and Freddie Mac also impose separate eligibility restrictions on mortgages secured by buildings in Special Flood Hazard Areas when the community does not participate in the NFIP.

Maintaining NFIP participation and administering the ordinance will require time, training and commitment from the Town. However, flooding is not merely a theoretical concern in Stark. On May 20, 1969, the failure of the Nash Bog Dam caused a major flood that damaged Town roads and two Emerson Road bridges—one over Nash Stream and one over the Upper Ammonoosuc River. Stark subsequently entered the NFIP Emergency Program in 1976, adopted floodplain regulations by a vote of 55–5 in 1991, was reinstated in the NFIP in 1992, and amended its ordinance when FEMA’s updated maps became effective in 2013.

The voters may ultimately decide whether continuing the program is in Stark’s best interest. That decision would have its greatest consequences for people who own or hope to purchase, refinance, sell or inherit property in a mapped flood-hazard area. Before deciding that the Town does not need the additional responsibility, residents deserve accurate information about the existing ordinance, the limited changes being proposed and the possible effects on the families who would bear the consequences.