National Flood Insurance Program Regulations Bill Massey and Sam Crampton Dewberry South Florida Water Management District Floodplain Management Training May 2005 Importance of Regulations Describe Program Define terms used to run Program Provide minimum floodplain management criteria for communities to adopt and enforce Organization of NFIP Regulations Part 59 — General Provisions Definitions, program description Part 60 — Criteria for Land Management and Use Floodplain management ordinances Part 65 — Identification and Mapping of Special Hazard Areas Map revisions, floodways, levees Organization of NFIP Regulations Part 66- Consultation with Local Officials Part 67 — Appeals from Proposed Flood Elevation Determinations Types of appeals and appeal procedures Part 70 — Procedure for Map Correction LOMAs, CLOMAs Part 72 — Procedures and Fees for Processing Map Changes Fee schedule and payment procedures Part 59 — General Provisions Administrator: The Federal Insurance Administrator Area of Special Flood Hazard: Areas subject to a 1% or greater annual chance of flooding in a given year Include Zones A, AE, AO, V, and VE 0.2% annual chance (500-year) floodplain is NOT an SFHA Basement: Any area of a building having its floor below ground level on all sides. Part 59 — General Provisions Chief Executive Officer (CEO): Community official charged with authority to implement and administer laws, ordinances, and regulations Coastal High Hazard Area (V Zone): Area of Special Flood Hazard extending from offshore to the inland limit of the primary frontal dune along open coast and any other area subject to high velocity wave action from storms or seismic sources Part 59 — General Provisions Flood: Temporary condition of partial or complete inundation of normally dry areas from overflow of inland or tidal waters, rapid accumulation or runoff of surface waters from any source, or from mudslides Freeboard: Factor of safety (expressed in feet) above a flood level for purposes of floodplain management Part 59 — General Provisions Levee: Man-made structure designed and constructed in accordance with sound engineering practices to contain, control, or divert flow of water to provide protection from temporary flooding Levee System: Flood protection system consisting of levee(s) and associated structures, such as closure and drainage devices which are constructed and operated in accordance with sound engineering practices Part 59 — General Provisions Lowest Floor: Lowest floor of lowest enclosed area (including basement) Unfinished or flood resistant enclosure used solely for parking, building access, or storage in an area other than a basement is not considered a building’s lowest floor Part 59 — General Provisions New Construction: For insurance premiums, includes structures for which “start of construction” commenced on or after effective date of initial FIRM or after 12-31-74, whichever is later, and any subsequent improvements (Pre-FIRM versus Post-FIRM) For floodplain management, includes structures for which “start of construction” commenced on or after effective date of floodplain management regulations adopted by community and any subsequent improvements Part 59 — General Provisions Regulatory Floodway: Channel of river or other watercourse and adjacent land areas that must be reserved to discharge base flood without cumulatively increasing water-surface elevation by more than a designated height Regulatory Floodway Part 60 — Criteria for Land Management and Use Different Zone Designations also (Section 64.3) Section 60.3 — Floodplain Management Criteria for Floodprone Areas Different Zone Designations Defined in Section 64.3 Zone A: Areas of 100-year flood where BFEs are not determined Zones AE, A1 - A30: Areas of 100-year flood where BFEs are shown Different Zone Designations Zone B (shaded Zone X): Areas between limits of 100-year flood and 500-year flood Areas protected by levees 100-year floodplain where water depths are less than 1 foot Areas with drainage areas less than 1 square mile Different Zone Designations Zones C (unshaded Zone X): Areas of minimal flooding Zone D: Areas of undetermined, but possible flood hazards Federal lands such as parks Different Zone Designations Zone V: Areas of 100-year coastal flood with wave action (BFEs not determined) Zones VE, V1-V30: Areas of 100-year coastal flood with wave action (BFEs determined) Section 60.3 — Floodplain Management Criteria Contains minimum floodplain management criteria Requirements are “layered” Section 60.3 — Floodplain Management Criteria 100-Year Land Use Flooding BFEs Floodway V Zone Classification no no no no 60.3a yes no no no 60.3b yes yes no no 60.3c yes yes yes no 60.3d yes yes no yes 60.3e yes yes yes yes 60.3d & 60.3e Section 60.3 — Floodplain Management Criteria Each Paragraph of 60.3 “builds” on preceding paragraph. Example: 60.3(d) contains requirements of 60.3(c) by definition. Example: In community with BFEs and a floodway, they have 60.3(d) ordinances, but only have to enforce requirements of 60.3(b) in A Zones. Paragraph 60.3(a) Without SFHAs, BFEs, Floodways, or V Zones Permits are required for proposed development. Permit applications are to be reviewed by community official. Paragraph 60.3(b) Zone A Only Permits required. BFE data required for developments greater than 50 lots or 5 acres, whichever is less. Obtain, review, and reasonably utilize BFE and floodway data. Paragraph 60.3(c) BFEs, but no Floodways or V Zones Residential structures within Zones A1-A30, AE, and AH must have lowest floor (including basement) elevated to or above BFE. Non-residential structures can be elevated or made watertight below BFE. Paragraph 60.3(c) Until a floodway is designated, it is required that no new construction or substantial improvement shall be permitted within Zones A1-A30 or AE, unless it is demonstrated that cumulative effect of proposed development, when combined with all other existing and proposed development, will not increase water surface of base flood by more than 1 foot at any point in community. Paragraph 60.3(d) BFEs and Floodways, but no V Zones Select and adopt a regulatory floodway based on principle that area chosen for floodway must be designed to carry base flood without increasing water surface elevations by more than 1 foot. Paragraph 60.3(d) Prohibit encroachments within adopted regulatory floodway unless it has been demonstrated through H&H analyses that proposed encroachment would not result in any increase in flood levels. Paragraph 60.3(e) V Zones only All new construction within Zones V1-V30, VE, and V must be located landward of reach of mean high tide. Paragraph 60.3(e) Requires that all new construction and substantial improvements in Zones V1-V30, VE, and V are elevated on pilings and columns so that: Bottom of lowest horizontal structural member of lowest floor is elevated to or above BFE; and Pile or column foundation and structure are anchored to resist flotation, collapse, and lateral movement. Paragraph 60.3(e) Requires that space below lowest floor must be either free of obstruction or constructed with non- supporting, breakaway walls. Prohibits use of fill for structural support in V Zones. Prohibits man-made alteration of sand dunes. Part 65 — Identification and Mapping of Special Hazard Areas Purpose: To outline steps community needs to take to assist FEMA’s effort in providing up-to-date identification and publication of flood hazard maps. Section 65.5 — LOMR-Fs For the definition of “fill,” see Section 70.1. Any alteration of topography since the effective date of the first NFIP map (i.e.. FHBM or FIRM) showing the property within a SFHA is subject to the provisions of Part 65. Section 65.5 — LOMR-Fs Requester must submit: Copies of recorded deeds and plat maps. Topographic map indicating present ground elevations and fill. Location of the structure, the lowest floor, and the LAG elevation. BFE data prepared by authoritative source. PE or community certification of fill compaction criteria. LOMR-F House Correctly Shown House Elevated by the in Floodplain Placement of Fill Parts 60 and 65 of the NFIP Regulations require that the following be equal to or higher than the BFE: the lowest ground touching the structure; and the lowest floor (including basement/crawl space). Section 65.10 — Mapping Areas Protected by Levee Systems Design, operation, and maintenance standards. Mapping protection afforded by levees. Levee Design Criteria Embankment Stability Protection Settlement Closures Design Interior Criteria Drainage Freeboard Others Freeboard Requirements Minimum freeboard of 3 feet. Additional 1 foot of freeboard is required within 100 feet of either side of structures. Additional 0.5 foot of freeboard is required at upstream end of levee, tapering to minimum at downstream end of levee. Levee Freeboard Criteria Freeboard Requirements Exceptions to minimum riverine freeboard requirements MAY be approved. For coastal levees, freeboard must be established at 1 foot above height of 1% wave or maximum wave runup (whichever is greater). Levee Closure Requirements All openings must be provided with closure devices that are structural parts of system and are designed according to standard engineering practice. Levee Embankment Protection Requirements No appreciable erosion of levee embankment during base flood; and Erosion will not result in failure of levee embankment. Interior Drainage Requirements Analysis must be submitted that identifies interior drainage sources and extent of flooded area. Analysis must be based on joint probability of interior and exterior flooding. Levee Operation Criteria Interior Drainage Systems Operation Criteria Closures Others Operation Plans Levee Closures and Interior Drainage Systems Operational Plans: All closure devices or mechanical systems for internal drainage must be operated in accordance with an officially adopted operation manual. Operation Plans Documentation of flood warning system. Demonstration that sufficient flood warning time exists. Operation Plans Formal plan of operation including specific actions and assignments. Provisions for periodic inspection and operation of closures and drainage systems. Levee Maintenance Criteria Levee systems must be maintained in accordance with an officially adopted maintenance plan. Mapping of Accredited Riverine Levees Section 66 — Consultation With Local Officials Purpose Establishment of Case File Appointment of Consultation Coordination Officer Responsibilities for Consultation and Coordination Part 67 — Appeals Part 67 — Appeals From Proposed Flood Elevation Determinations Purpose: To establish procedures implementing the provisions of Section 110 of the Flood Disaster Protection Act of 1973. Part 67 — Appeals What is an appeal/protest? When can someone appeal/protest? Background Right of Appeal Basis of Appeal Types of Appeals and Protests Data Requirements Additional Regulations Governing Appeal Process What is an Appeal/Protest? Appeal: A challenge of a proposed BFE. Protest: A challenge of information or data from a preliminary FIS or FIRM other than BFEs. When Can Someone Appeal/Protest? 90 Days 30 Days 6 Months Appeal/Protest Sections 67.5 and 67.6 Section 67.5 — Right of Appeal: Any owner or lessee of property who believes his/her property rights to be adversely affected by the proposed flood elevation, may file a written appeal of the determination with the CEO of the community. Section 67.6 — Basis of Appeal: Knowledge or information indicating that the elevations proposed by FEMA are scientifically or technically incorrect. Section 67.8 Appeal Resolution Procedure Appeals are resolved through: Consultation with officials of the local government; Administrative hearings; or Submission of the conflicting data to an independent scientific body or appropriate Federal Agency for advice. Section 67.8 Appeal Resolution Procedure Appeal resolutions will be made within a reasonable amount of time. All information used in the resolution of the appeal will be made available for public inspection and shall be admissible in a court of law if necessary. Section 67.11 Notice of Final Determination Published in the FEDERAL REGISTER; Copies sent to the CEO, all individual appellants, and the State Coordinator. Part 70 — Procedure for Map Correction Purpose: To provide procedures for the review of scientific or technical submissions from the applicant who believes their property has been inadvertently included in the SFHA as a result of the transposition of the curvilinear line to a readily identifiable feature. Part 70 — Procedure for Map Correction Right to Submit Technical Information Review by FEMA What is in a LOMA? Distribution of LOMAs Notice of LOMA Premium Refunds Review of Proposed Projects Section 70.3 Right to Submit Technical Information Any owner or lessee of property who believes his/her property has been inadvertently included in an SFHA, may submit scientific or technical information to FEMA for their review. LOMA — Natural Ground House Inadvertently Included (Natural High Ground) in the 1% Annual Chance Floodplain House Correctly Shown Because of Topographic Limitation of Source in Floodplain Map Used to Prepare the FIRM Part 70 of the NFIP Regulations requires that the lowest ground touching the structure be equal to or higher than the BFE. Cross-Sectional View of a LOMA Request Section 70.9 Review of Proposed Projects An applicant who is proposing to build on a portion of a property that is inadvertently included in a SFHA may request a Conditional Letter of Map Amendment. Conclusion You have an general understanding of the NFIP and how it works. You are comfortable with the commonly used terminology. You have a general understanding of the NFIP regulations. You are now a Floodplain Manager!! QUESTIONS ?????????????
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