National Flood Insurance Program Regulations

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					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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