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Floodplain Management 101

Floodplain Management 101. Texas and Federal Laws and the National Flood Insurance Program. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY. State Coordinating Agency for the National Flood Insurance Program TNRCC change to TCEQ in September 2002. Texas Flood Problems.

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Floodplain Management 101

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  1. Floodplain Management 101 Texas and Federal Laws and the National Flood Insurance Program

  2. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY State Coordinating Agency for the National Flood Insurance Program TNRCC change to TCEQ in September 2002

  3. Texas Flood Problems • Over 1,400 flood-prone Communities • Largest total cost of flood damage claims paid in Nation • Hill Country Flash Floods • Riverine Floods • Tropical Storms (Allison 2001) National Flood Insurance Program (NFIP) nationwide effort to help communities protect against flooding Large responsibility to protect residents

  4. Top 4 Killers of Americans • Heart Disease • Automobiles • Fires • FLOODS

  5. Introduction to the National Flood Insurance Program (NFIP)

  6. www.fema.gov/fhm/fq_gen01.shtm

  7. Introduction to the NFIPKey Terminology • FHBM = Flood Hazard Boundary Map • SFHA = Special Flood Hazard Area • FIRM = Flood Insurance Rate Map • DFIRM = Digital FIRM • BFE = Base Flood Elevation • FEMA = Federal Emergency Management Agency

  8. The National Flood Insurance Program 1968 A voluntary program based on a mutual agreement between the Federal government and the local community HB 1018 Amended Section 16.3145, Texas Water Code requires a community ONLY be eligible to participate in the NFIP as expressed in the following HB language: “The governing body of eachcity and county shall adopt ordinances or orders, as appropriate, necessary for the city or county to be eligible to participate in the National Flood Insurance Program…., not later than January 1, 2001” In exchange for adopting and enforcing a Floodplain Management Ordinance, Federally backed flood insurance is made available to property owners throughout the participating community

  9. National Flood Insurance Act of 1968 • Established the National Flood Insurance Program • Federally subsidized flood insurance was made available to communities that voluntarily enacted land use and control measures • Prior to the 1968 Act the sole relief available to flood victims was special disaster loans.

  10. Flood Disaster Protection Act of 1973 • Flood insurance required as a condition of receiving federal financial assistance for acquisition or construction purposes in Special Flood hazard Areas. • Publication of Flood Hazard Boundary Maps officially designated a community as “flood prone” and subject to the ACT.

  11. EO 11988 Floodplain Management • Federal Agencies required to “avoid the long- and short-term adverse impacts associated with the occupancy and modification of floodplains and avoid direct and indirect support of floodplain development wherever there is a practicable alternative. • Federally funded “Critical Facilities” are to be protected up to the 500-year flood

  12. Section 404 Wetland Permits • The US Army Corps of Engineers administers Section 404 of the Clean Water Act • Discharge of dredge or fill material into wetlands requires a Section 404 Permit • Communities are required under the NFIP to require all necessary permits required by Federal and State Law

  13. Disaster Mitigation Act of 2000 • Communities must adopt and have an approved “all hazards” mitigation plan prior to November 1, 2004 to be eligible to receive Hazard Mitigation Grant Program funding (44 CFR Part 201)

  14. HB 1018 • HB 1018 Requires Texas Cities and Counties to Join NFIP • The 77th Legislature of the State of Texas amended Subchapter I, Chapter 16, Water Code, by adding Section 16.3145 to read as follows: • "The governing body of each city and county shall adopt ordinances or orders, as appropriate, necessary for the city or county to be eligible to participate in the National Flood Insurance Program...., not later than January 1, 2001"

  15. Senate Bill 936 • The 77th Texas Legislature amended the Water Code, effective September 1, 2001, to authorize all political subdivisions to: • (1) adopt more comprehensive floodplain management regulations which the political subdivision determines are necessary for planning, and appropriate to protect public health and safety; • (2) participate in floodplain management and mitigation initiatives such as the National Flood Insurance Program’s Community Rating System, Project Impact or other initiatives developed by the federal, state or local government; and, • (3) collect reasonable fees to cover administrative costs incurred by the administration of a local floodplain management program. • Additionally, SB936 provides for Criminal and Civil Penalties and injunctive relief.

  16. HB 1445 • Regulation of Subdivisions in Extraterritorial Jurisdictions • Authorizes the municipality and the county to enter into interlocal agreement to: • Established floodplain development regulations for plats and subdivisions within the ETJ

  17. Minimum Standards of NFIP • Must include restrictions to development within floodplain areas • Extent to which restrictions are set directly tied to available floodplain maps and studies • Standards outlined in CFR 60.3 (a) – (e)

  18. Community without Floodplain Data Section 60.3 (a) • Permits for all proposed construction • Review proposed developments • Review permit applications • Review subdivision proposals & all new developments • Require new & replacement water supply systems to minimize infiltration of floodwaters • Require sanitary sewage & on-site disposal systems be protected

  19. Community with FHBM (A Zones)(no BFE, FW, V) Section 60.3 (b) • Permits for development in mapped flood hazard area • Require developments in flood hazard area to meet standards • Review permit applications • Review subdivision proposals & all new developments • Require new & replacement water supply systems to minimize infiltration of floodwaters • Require sanitary sewage & on-site disposal systems be protected

  20. Community with SFHA, “A” ZonesSection 60.3 (c) • Require everything in 60.3(b) • Require elevation of lowest floor to or above BFE for residential • Require elevation or floodproofing to or above BFE for commercial • Certification by registered engineer • Fully enclosed areas below elevated lowest floor automatically equalize • Manufactured homes lowest floor elevated to or above BFE and anchored

  21. Community with SFHA, “A” ZonesSection 60.3 (c) • Require elevations of residential structures in AO Zones to or above the depth number or at least 2 feet if no depth number • Require within A99 Zones on FIRM the standards of 60.3(a)(1)-(a)(4)(i) and 60.3(b)(5)-(b)(9) • Until Floodway is designated, permit no development within Zones A1-30 or AE unless it is demonstrated that WSEL not increased by more than 1 foot • Require adequate drainage on structures in AH or A0 Zones

  22. Community with SFHA, “A” ZonesSection 60.3 (c) • Require manufactured-homes chassis supports, in EXISTING manufactured-home parks or sub-divisions, placed in SFHA with their lowest floor at or above the BFE or the chassis is 36 inches above grade and is anchored. See 60.3(c)(12) • Require that recreational vehicles placed in SFHA • Be there < 180 days, • Be fully licensed and road ready OR • Meet requirements of 60.3(b)(1) and 60.3(c)(6)

  23. Community with SFHA & Floodway Section 60.3 (d) • Meet previous requirements • Adopt Floodway • Prohibit encroachments within floodway unless engineer can support no rise in WSEL

  24. Community with SFHA & Floodway Section 60.3 (e) • Meet Previous requirements • Require new or substantially improved structures within Zones V1-30, VE and V to elevate bottom of the lowest structural member of lowest floor • Require new construction in V Zones to be landward of mean high tide • Require new or substantial improvements in V Zones to be elevated above BFE and anchored for wind and water loads and certified by an engineer • Require space below lowest elevated floor be free of obstruction or breakaway walls without causing structural support damage

  25. Community with SFHA & Floodway Section 60.3 (e) • No fill for structural support • No man-made alterations of sand dunes which would increase flood damage • Require newly placed of substantially improved manufactured homes to meet these requirements

  26. Section 60.3 (e) • Require that recreational vehicles placed in SFHA • Be there < 180 days, • Be fully licensed and road ready OR • Meet requirements of 60.3(b)(1) and 60.3(e)(2)-(e)(7) • Permits for development in mapped flood hazard area

  27. How NFIP Helps Your Community • Flood insurance is available for NFIP communities • In return, the federal government requires regulation on development in SFHA • NFIP is administered in 2 Phases: • Emergency Phase • Regular Phase • Dependent on type of flood data available from FEMA

  28. Emergency Phase • Entry stage of participation for communities • Issues FHBM • identifies flood areas • No risk zones • No flood elevations • Flood Insurance obtained at FLAT RATE based on structure type • Same rate regardless of likelihood of being flooded

  29. Emergency Phase • Community enforce & adopt local floodplain regulations • Regulate new development in flood-hazard areas (Zone A)

  30. Regular Phase • Community gets a detailed engineering study • FEMA prepares FIS & FIRMs • 100-year flood elevations • Floodways • Flood-Hazard Zones

  31. Insurable Interests • Walled and roofed structures • Principally above ground • Not over water • Manufactured homes if anchored to a permanent foundation • Contents of structure • Building in the course of construction

  32. Not Insurable • Buildings over water • Unanchored manufactured homes • Motorized vehicles • Gas and liquid storage tanks • Building principally below ground • Machinery and equipment in the open

  33. Limited Coverage for Basements or Enclosures • Foundation Elements • Specific items - furnaces - water heater - circuit breaker boxes - washers & dryers - food freezers - air conditioners - heat pumps

  34. What is a FLOOD? A general and temporary condition of partial or complete inundation of two or more acres of normally dry land area or of two or more properties (at least one of which is the policyholder's property) from: • Overflow of inland or tidal waters; or • Unusual and rapid accumulation or runoff of surface waters from any source; or • Mudflow; or • Collapse or subsidence of land along the shore of a lake or similar body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels that result in a flood as defined above."

  35. Direct physical loss by or from a flood • Language is used in all three forms

  36. Factors Used For Rating • Location • Amount of insurance • Lowest Floor Elevation minus Base Flood Elevation • Building type • Foundation • Age of construction (Pre-FIRM or Post-FIRM)

  37. Pre-FIRM vs Post-FIRM • Pre-FIRM: Structure constructed prior to community’s initial Flood Insurance Rate Map (FIRM) or before 12/31/74 • Post-FIRM: Structure built or substantially improved after the initial FIRM or after 12/31/74

  38. Limits of Coverage BuildingsEmergencyRegular Single Family $ 35,000 $250,000 Other Residential $100,000 $250,000 Non-Residential $100,000 $500,000 Contents CoverageEmergencyRegular Residential$ 10,000 $100,000 Non-Residential $100,000 $500,000

  39. Residential Condominium Building Association Policy • Covers Building and Common Areas • $250,000 X Number of Units • Co-Insurance Provision applies if not insured to 80 % of value or more • Coverage available for individual units and contents

  40. Flood Insurance Requirements

  41. When is Flood Insurance Required? Property is in Flood Hazard Area but Structure is not Lender DOES NOT Require Insurance

  42. When is Flood Insurance Required? Structure is in Flood Hazard Area but elevated on natural knoll Lender initially Requires Insurance but builder/buyer may Submit Letter of Map Amendment removing area from floodplain

  43. When is Flood Insurance Required? Structure is partially in flood hazard area Lender ALWAYS Requires Insurance

  44. When is Flood Insurance Required? Structure is in Flood Hazard Area & Not Elevated Lender ALWAYS Requires Insurance

  45. When is Flood Insurance Required? Structure is in Flood Hazard Area although elevated on high bluff Lender initially Requires Insurance but builder/buyer may Submit Letter of Map Amendment removing area from floodplain

  46. When is Flood Insurance Required? Structure is in Flood Hazard Area but Elevated on Fill Insurance initially REQUIRED but buyer/builder may submit Letter of Map Revision

  47. When is Flood Insurance Required? Structure is in Flood Hazard Area but Elevated on Posts/Piers/Pilings Insurance ALWAYS REQUIRED F2

  48. When is Flood Insurance Required? Structure is located partially in Zone “X” Lender DOES NOT Require Insurance

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