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Attachment F <br /> <br />QUESTIONS FROM iMII~DLETON HOMEOWNERS <br />(provided by Commissioner Carpenter 8-1-97) <br /> <br />e <br /> <br />Who owns the creeks? <br /> <br />Property plats indicate the owners of property adjacent to or on both sides of most creek <br />banks. In some areas a public drainage easement may have been granted to allow water mn <br />offto flow across one owner's property to reach a natural stream bed. <br /> <br />There are extensive court cases related to riparian rights and definition of property owner <br />liabilities and responsibilities, These are best addressed by an attorney. <br /> <br />What will happen if the homeowners clean the creek? <br /> <br />As long as homeowners secure the appropriate landowner's permission and do not do <br />anything that destabilizes the creek banks, the results would be that "localized" debris would <br />be removed. However, no action could be taken to modify the creek channel, bottom, route <br />or banks without the approval of appropriate regulatory authorities. <br /> <br />How can future building that contributes to flooding be stopped? <br /> <br />There are questions about how restrictive the County Commission can be in regulating <br />building. Court decisions have upheld both sides of this issue. Concern for public safety <br />certainly dictates that local governments can take appropriate action. However, when a <br />property owner's land values are negatively impacted by a change in regulations, <br />compensation may be required (i.e., an existing lot if ruled ineligible for construction <br />purposes, a landowner might sue to be compensated for loss of value. Reminder: all land has <br />value). <br /> <br />Can parts of the County be subject to more stringent regulations? <br /> <br />Certainly, ifjustification can be detailed and proved legally defendable, reasonable regulations <br />can be established. In fact, flood prone lands are under differing regulations now. Again, the <br />impact of new regulations on individual land owners must be addressed. <br /> <br />What happens to existing property owners and their property as a change in flood plain <br />designations might occur? <br /> <br />For existing structures, the issue of Flood Insurance coverage must be pursued. [That <br />response should be requested from the appropriate resources (See "Attachment G")]. For <br />undeveloped land or lots, the impact &new regulations does have a more direct consequence. <br />New structures would have to comply with new standards at added expense. <br /> <br /> <br />