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Floodplain Management in the Post Disaster Environment

Floodplain Management in the Post Disaster Environment. October 2011 FEMA Region III. Course Outline. Background of the NFIP Mapping The Permitting Process Your Floodplain Management Ordinance BREAK Substantial Damage/Improvement Higher Standards Insurance at a Glance Legal Concerns

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Floodplain Management in the Post Disaster Environment

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  1. Floodplain Management in the Post Disaster Environment October 2011 FEMA Region III

  2. Course Outline • Background of the NFIP • Mapping • The Permitting Process • Your Floodplain Management Ordinance • BREAK • Substantial Damage/Improvement • Higher Standards • Insurance at a Glance • Legal Concerns • Post Disaster Outreach • Long Term Recovery • Summary of Roles and Responsibilities

  3. The Evolution of the NFIP

  4. Goals of the NFIP 1. Save lives and reduce flood damage to insurable property, 2. Offer low cost flood insurance 3. Encourage a comprehensive approach to floodplain management.

  5. Benefits of Flood Insurance ANYONE in a NFIP participating community can buy flood insurance! Can you describe the differences between flood insurance and disaster assistance?

  6. Types of Flood Damage • Hydrodynamic forces • Hydrostatic forces • Debris impact • Soaking • Sediment and contaminants

  7. Mapping

  8. Flood Insurance Study - FIS

  9. Mapping • Where to look at preliminary maps: http://www.rampp-team.com/pa.htm • Existing maps at FEMA Map Services Center: http://www.msc.fema.gov • How to make a FIRMette: http://www.rampp-team.com/documents/region3/ how_to_create_a_firmette.pdf

  10. Letters of Map Change LOMCs • Letter of Map Amendment (LOMA) • Conditional Letter of Map Revision (CLOMR) • Letter of Map Revision (LOMR) • Letter of Map Revision Based on Fill (LOMR-F)

  11. Federal Minimum Requirements • Require permits • Elevate residential & elevate/dry flood proof non-residential structures • Use flood resistant materials • Elevate and anchor utilities • Limit development in floodways • Minimize/eliminate flood damage to public utilities/facilities • Anchor all structures

  12. What Is “Development” • Modifications or improvements to structures, excavation, filling, paving, drilling, driving of piles, mining, dredging, land clearing, grading and the permanent storage of materials/equipment. • ALSO covers replacement of utilities, including wiring, hot water heaters, HVAC, etc.

  13. Permitting • Application form needs to include Federal minimums, State and your local ordinance requirements • Get a site plan • Does it have a floodplain determination? • Review for completeness and compliance • Post Disaster you can waive fees but not permitting requirements!

  14. Permit Sample

  15. Elevation to the BFE • At a minimumyou must elevate the lowest floor to the BFE • Freeboard is a margin of safety above that • NO BASEMENTS in the SFHA • How do you establish BFEs in an un-numbered A zone? • Elevate and anchor utilities too

  16. Floodproofing • Only for non-residential or historic structures • Must be certified by a registered architect or engineer • Dry-floodproofingvs wet-floodproofing • Utilities can be floodproofed too

  17. Floodways Until a regulatory floodway is designated, no new construction, substantial improvements, or other development shall be permitted unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than 1.0 foot at any point within the community.

  18. Openings • Prevent hydrostatic flood forces from collapsing the foundation by allowing water pressure to equalize on either side of the wall. • A minimum of 2 openings on 2 different walls with one square inch of surface for every square foot of enclosed space. 150 square feet = 150 inches. • Bottom of openings must be located no higher than 1 foot above grade. • Can be fitted with screens or louvers that allow the AUTOMATIC entry and exit of water. • Engineered openings are acceptable with certification.

  19. Fill in the Floodplain • No fill shall be permitted unless it meets the requirements of your ordinance. All fill placed in the special flood hazard area shall meet or exceed the standards in your ordinance • Fill shall be used only to the extent to which it does not adversely affect adjacent properties.

  20. Manufactured Homes and Recreational Vehicles • Communities may elect to PROHIBIT manufactured homes in the SFHA. • Examine your pre-existing structure language and floodplain ordinance for options to prevent replacing a substantially damaged manufactured home with a replacement one. • Must be placed on a permanent foundation, at least 18 inches above BFE, properly anchored to resist flotation, collapse or lateral movement. • Recreational Vehicles: on site less than 180 days, licensed and road-ready OR meet manufactured homes guidelines above.

  21. BREAK

  22. PA Suggested Provisions • Largely minimum requirements for NFIP & Act 166 • Higher standards include: • 1 ½ feet of freeboard • Restrictions on hazardous material storage • Regulated high risk land uses (including manufactured homes) • 50 foot Setbacks/ Buffers • Repetitive Loss • Conservation/open space area • Estimate BFE in Zone A • Lower threshold for SD

  23. Community Identified Flood Areas • The __(Community)___ may identify and regulate new local flood hazard or ponding areas. These areas may be delineated on a “Local Flood Hazard Map” using best available topographic data and locally derived information such as flood of record, historic high water marks or approximate study methodologies.

  24. Subdivision Restrictions • Lower threshold for BFE determination from 50 lots and 5 acres • Require each lot to have a portion of land outside the SFHA 280 275 Zone A

  25. Non Conversion Agreements A Non Conversion Agreement shall be signed by the applicant whenever the community determines that the area below the first floor could be converted to a non-conforming use (generally applies to enclosed areas below base flood elevation that are 5 ft. high or more).

  26. Historic Structures Communities have the option of using either provision (exclusion from substantial damage/improvement definition OR variance) for addressing the unique needs of “historic structures.” Relying on the variance option gives a community more control over which floodplain safety methods are incorporated into the design.

  27. Verification of Compliance • As Built Elevation Certificates • CLOMR/LOMR • Certificate of Occupancy compared to Certificate of Compliance • Permanent Utility Connection

  28. Substantial Improvement/Damage • The threshold is 50% of fair market value. How do you determine market value? • Use a Substantial Damage Estimator • Community must determine whether property can be restored or must meet current ordinance requirements. • Consider adding cumulative language to your ordinance

  29. Substantial Damage Determination

  30. Sample Substantial Damage Letter

  31. 1 NFIP premiums based on October 2011 rates One-floor residential structure with no basement built Post-FIRM $250,000 coverage for the building and $100,000 for contents At BFE Insurance Premium: $1,315 building, $380 contents Freeboard

  32. Insurance at a Glance • Anyone in a NFIP participating community can get flood insurance • All properties with federally backed mortgages that are located in the SFHA must carry flood insurance. • Elevation Certificates are needed for ratings • Non compliant structures will pay more! • Pre FIRM vsPost FIRM • w

  33. www.floodsmart.gov

  34. Increased Cost of Compliance - ICC • Property must be insured through the NFIP • Structure must be in the Special Flood Hazard Area (SFHA) • Structure must be substantially damaged • Eligible for up to $30,000 to elevate (floodproof if nonresidential), move or demolish the structure

  35. Legal Concerns • What is a regulatory “taking?” • Keep repeating “health, safety and welfare….” • Make sure your ordinance is written clearly and concisely. • Enforce it uniformly and fairly. • In doubt? Get legal advice from your licensed attorney that works for your community.

  36. Long Term Recovery

  37. Roles and Responsibilities • You are the “face” of your community’s floodplain management program but use a team approach • Ensure permitting, zoning, building inspections are happening in accordance with your ordinance • Take advantage of training opportunities; E273 at the Emergency Management Institute (or field deployed equivalent), Advanced Floodplain Management, CRS, HAZUS, http://training.fema.gov/EMI/ • Third Party Contractors • Intergovernmental agreements or MOU

  38. Quiz Time! • Why have a Floodplain Ordinance? • Who has to enforce the Floodplain Ordinance? • What is a non-conversion agreement? • Per FEMA’s guidelines how high does the first floor have to be in a residential home in the SFHA? • What is freeboard? • What is the difference between a Floodway and Floodplain? • Is a “dry stack block” foundation OK in the SFHA? • How long can a RV remain in one spot without being moved? • What is the requirement for an opening? • Who can you call for help?

  39. Questions?

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