61-16.2-09. Enforcement and penalties

61-16.2-09. Enforcement and penalties 1. It is unlawful for any person to establish any use that does not comply with this chapter within any floodplain without prior written approval of the affected community. Every use placed in the floodplain in violation of this chapter or a floodplain management ordinance adopted under or in compliance with the provisions of this chapter, or adopted under the national flood insurance program [42 U.S.C. 4001 et seq.], is a public nuisance, and the construction or installation of the use may be enjoined by an action brought by the department or the appropriate community. The department or community may obtain a court order directing the removal or elimination of the public nuisance, or authorizing the department or community to remove the public nuisance or cause the public nuisance to be removed, at the expense of the owner. A person who violates any of the provisions of this chapter is guilty of a class B misdemeanor. 2. Any community which fails to adopt or enforce floodplain management ordinances as required under the national flood insurance program [42 U.S.C. 4001 et seq.] by this chapter shall not be eligible to receive flood disaster assistance, financial or otherwise, from this state pursuant to chapter 37-17.1 or other state funds available under any other authority for flood relief under the national flood insurance program [42 U.S.C. 4001 et seq.] relating to insurable structures located within federal emergency management agency-identified special flood hazard areas.