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Basic NFIP Requirements and Local Government Responsibilities
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  1. Basic NFIP Requirements and Local Government Responsibilities • Tennessee Association of Floodplain Management • July 27, 2011 • Montgomery Bell State Park • Roy McClure, DHS/FEMA Region IV

  2. A Little History National Flood Insurance Act, 1968 Flood Disaster Protection Act, 1973 National Flood Insurance Reform Act, 1994 National Flood Insurance Reform Act, 2004

  3. National Flood Insurance Act 1968 Hazard Identification. Communities must adopt and enforce a land use ordinance which meets NFIP minimum standards in order to participate. Flood insurance made available within participating communities.

  4. Flood Disaster Protection Act 1973 Represented significant expansion of provisions and national impact of the NFIP Required acceleration of flood insurance studies. Required notification of communities of floodplain identification. Created the mandatory purchase requirement relative to federally-backed loans. Required participation in the NFIP as a condition for most types of federal financial assistance, including disaster assistance.

  5. Mandatory Purchase of Flood Insurance • Improved real property or manufactured home in Special Flood Hazard Areas. • Required when making, increasing, renewing or extending a loan.

  6. National Flood Insurance Reform Act 1994 • Increased lender compliance. • Increased flood insurance coverage. • Increased policy waiting period. • Created Increased Cost of Compliance coverage. • Created Flood Mitigation Assistance Program.

  7. National Flood Insurance Program • Provides flood insurance at a reasonable cost in exchange for careful management of flood-prone areas in local communities. • Policies are available only in communities that adopt and enforce local floodplain management ordinances.

  8. National Flood Insurance Reform Act 2004 • Established the repetitive flood claims and the severe repetitive loss grant programs

  9. National Flood Insurance Program • Partnership among local, State, and Federal government • Partnership with insurance industry • Mapping identified flood hazard areas • Minimum Federal floodplain management regulations • Flood insurance

  10. Federal Role • Flood risk identification. • Establish development/building standards. • Provide affordable flood insurance coverage.

  11. Governing Regulations • Executive Order 11988 • Flood Damage Prevention Ordinances • State/Local Building Codes • Coastal Zone Management Regulations • Erosion and Sediment Control • Special Purpose Ordinances

  12. State Role • Establish development/building standards. • Provide technical assistance to local communities. • Under partnership with FEMA, evaluate and document community floodplain management programs.

  13. Local Role • Adopt floodplain management laws in compliance with Federal/State laws. • Issue or deny development/building permits. • Inspect development and maintain records.

  14. Who Can Purchase Flood Insurance? • Anyone in a NFIP participating community can purchase flood insurance. • Any eligible structure in any flood zone.

  15. Flood Insurance vs. Disaster Assistance * Disaster assistance available after presidential declaration * Most disaster assistance is a loan that must be repaid with interest - in addition to the existing mortgage • * Flood insurance pays without a presidential disaster declaration • * Provides coverage • * Allows quicker flood loss recovery • * Puts the property owner in control

  16. Nine Fundamental Duties Issue or Deny Permits Inspect Development Record Keeping Remedy Violations • Review Applications • Provide Base Flood Data • Review Plans and Specifications • Ensure that All Other Permits are Obtained • Notification of Watercourse Alterations

  17. Duty #1 - Review Applications • Reviews and evaluates development permit applications; • Determine if development is proposed for a SFHA. • Is the proposed development in a designated floodway? • Approximate A Zone (No BFE)?

  18. Special Flood Hazard Area The area on a FHBM or a FIRM which is subject to the Base Flood. The darkly shaded areas are shown as zones A, AO, AH, A1-30, AE, A99, V, V1-30, and VE. Base Flood The flood having a 1% probability of being equaled or exceeded in any given year. Definitions

  19. Definitions • Development “...means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.”

  20. Definitions • Floodway • The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. • Also referred to as the “Regulatory Floodway.”

  21. Duty #2 - Base Flood Data • Interprets floodplain boundaries. • Provides base flood elevation data, when available. • Requires study to determine a BFE if the proposed development exceeds 5 acres or 50 lots.

  22. FLOODWAY FRINGE FLOODWAY SURCHARGE • FLOODWAY SCHEMATIC 100-YEAR FLOODPLAIN FLOODWAY + FLOODWAY FRINGE = 100-YEAR FLOODPLAIN SURCHARGE NOT TO EXCEED 1.0 FOOT

  23. Flood Insurance Risk Zones Zone A Zone AE Zone V Zone VE Zone X Zone D

  24. Duty #3 - Plans and Specifications • Reviews plans and specifications for conformance with NFIP floodplain management criteria... • Site plan • Foundation design details • Thoroughly notated plans

  25. Proposed Site Plan Septic 333.9 x 333.1 x RIVERSIDE DRIVE BFE 332 329.1 x x 332.6 Well Gas

  26. Duty #3 - Foundation Plan FOUNDATION PLAN BFE 536.8 NGVD 2” x 10” JOISTS 16” O.C. 3 - 2” x 10” GIRDER PIER (TYPICAL) MAX 1 FT FOOTING 8” x 8” x 16” BLOCK FOUNDATION PIER TYPICAL FOUNDATION WALL OPENING 16” x 8” BOTTOM OF OPENING 8” ABOVE GRADE ENCLOSED AREA 1500 SQUARE FEET NET AREA OF 12 OPENINGS 1500 SQ-IN CONTINUOUS FOOTING FOUNDATION WALL FOUNDATION SECTION CRAWL SPACE FOUNDATION

  27. Duty #4 - Other Permits • Advises applicant of other permits or approvals that may be necessary... • Federal (COE 404 - Wetlands) • State (TDEQ) • Local (Septic)

  28. Duty #5 - Watercourse Alterations • Provides required notifications of changes in existing watercourses to... • FEMA • Tennessee Dept of Economic and Community Development (NFIP State Coordinating Office) • Adjacent Communities

  29. Duty #6 - Permits • Issues permit • Conditionally approves permit • Denies permit

  30. Duty #7 - Inspections • Inspects development in progress to field check development location and verify that development conforms with approved plans... • Setback from floodway • Foundation construction • Flood resistant materials requirements • Utilities and other service facilities • Proper Openings

  31. Openings

  32. Duty #8 - Record Keeping • Maintains SFHA development records... • Application Records/Permit Records • Inspection Records • Compliance Records (Elevation Certificates, Variance Actions, and floodway “No Impact Studies”) • Letters of Map Changes (LOMA/LOMR)

  33. Duty #9 - Remedy Violations • Investigates violations and takes appropriate action... • Bring structure or other development into compliance. • Implement enforcement provisions. • Review/modify procedures to avoid similar violations. • Provide training.

  34. Factors affecting Flood Damage • Channel/floodplain obstructions • Erosion/Sedimentation • Increased upland development • Subsidence • Wave/Debris impacts • Failure of levees • Failure of dams

  35. Community Responsibilities: • Require Development Permits in SFHA. • Do on-site inspections of development to ensure structure elevated and built as proposed in compliance with local NFIP ordinance. • Obtain and retain records of Elevation Certificates, substantial improvements, floodproofing certificates and V-zone construction certificates.

  36. Responsibilities (Continued) • Maintain records of all SFHA development for easy retrieval. • In Zone A (no BFE), obtain detailed flood information (BFE elevations and boundaries) for developments of 5 acres or 50 lots or larger.

  37. Responsibilities (continued) • Ensure all other necessary permits are obtained (COE, EPA, health dept., etc.). • Notify affected agencies and neighboring communities of any changes proposed to a stream channel. • Ensure the carrying capacity of the stream channel is maintained if altered.

  38. Responsibilities (continued) • Design water supply and sewage disposal systems to minimize or eliminate infiltration. • Require on-site sewage disposal systems to be located and designed so as to minimize flood damage.

  39. SUBSTANTIAL IMPROVEMENT AND SUBSTANTIAL DAMAGE

  40. Definition • Substantial Improvement • Any reconstruction, rehabilitation, addition, or other improvements of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the “start of construction” of the improvement.

  41. Definition • Substantial Improvement This term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed.

  42. Definition • Substantial Damage Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

  43. Substantial Improvement or Damage • Does Not Include… • Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety codes which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or...

  44. Substantial Improvement Does Not Include… • Any alteration of an “historic structure”, provided that the alteration will not preclude the structure’s continued designation as an “historic structure.”

  45. Market Value vs. Replacement Value • Market value does not equal replacement cost. • Replacement cost may be used to estimate market value only if depreciated.

  46. Community Responsibility • MUST ASSURE… Accuracy of improvement cost or actual repair/damage value. Consistent market value estimates.

  47. Recommendations • Adopt a conservative method for determining market value and APPLY IT CONSISTENTLY! • If the applicant objects to your market value estimate, then give them the option of providing a certified appraisal. • Always review appraisals for “reasonableness”.

  48. Floodplain Management • Means Implementing Flood Loss Reduction Measures • Reduce Flood Risk In SFHAs • Mitigate Future Flood Losses • Safe Construction • Reduce the personal and • national costs of flooding

  49. Mitigation is… Build wiser and safer! Build it up! Build it back! Insure it!