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Floodplain Management Workshop 2006. POST FLOOD RESPONSIBILITIES. Contact your local Emergency Management Agency, building inspectors, surveyors, and others that may be helpful in completing damage assessments. Your local Emergency Management Agency will know the areas of flood damage.

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Contact your local Emergency Management Agency, building inspectors, surveyors, and others that may be helpful in completing damage assessments.

Your local Emergency Management Agency will know the areas of flood damage.


Document Extent of Flooding

Photographs and Video

Note Boundaries of Inundation

Note High Water Marks


Document Damage to Structures

Complete a drive-by survey of the damaged structures

  • Site Location (address)
  • Water Level
  • Construction Type
  • Preliminary Damage Assessment
  • - low
  • - medium
  • - high

Local Permits Required for

Repair or Reconstruction of

Flood-Damaged Structures


Notify Public of Need for Permit

for Repair/Reconstruction

  • Public Notification
    • Newspapers
    • Radio
    • Television
  • Direct Notification
    • “Red Tag” individual damaged structures
    • Notification letters to Property Owners

Prioritize the Damaged Structures

All damaged structures should be inspected to determine whether the structures have been “substantially damaged”.


Start with those structures initially identified as “medium” damage.

Next, inspect those structures initially identified as “high” damage.

The structures initially identified as “low” damage should be inspected last.


Repair and Reconstruction

Permit Process

Determine Floodplain Status



Determine Extent of Damage

Structure’s Pre-Damaged Fair

Market Value

Cost of Repairs


Non-Substantially Damaged

  • Local permit needed
  • Must comply with flood regulations but does not meet substantial damage requirements; may be required if community has cumulative improvement requirements

Substantially Damaged

  • Local Floodplain Development Permit Needed
    • Building protection requirements apply
  • “As-built” elevation certification needed

Additional Permits

Depending on the situation, additional

permits other than the local permit

may be required.

  • Kansas Department of Health and Environment
  • Army Corps of Engineers

Structure’s Pre-Damaged Value

The structure’s value is the fair market value

of the structure only, excluding the land

  • Appraisal
  • Bill of Sale
  • Insurance Settlement
  • Tax Assessment Records

Cost of Repairs

  • Materials Used
  • Must Use Fair Market Value
  • Also Applies to Materials Donated

Cost of Labor

  • Marshall & Swift Book
  • Exclusions
  • -Debris Removal
  • -Clean-up
  • -Building Plans
  • -Permit Fees

Building Protection Requirements

New structures

or structures determined to

have been substantially damaged must

meet the building protection

requirements of the

local floodplain ordinance.

  • Two Options
    • Elevation
    • Dry Floodproofing (non-residential)


Must be elevated one foot above the

Base Flood Elevation (BFE).

An elevation certificate containing

the actual constructed elevation

must be obtained and a copy maintained

in permit file for the structure.


Don’t overlook...

  • Utilities and mechanical equipment
  • Anchoring
  • Flood vents
  • Restricted use for enclosures
  • Crawl space construction

Dry Floodproofing

  • Only applies to Non-Residential Structures
  • Must be Floodproofed to the base flood elevation or 1’ above depending on regulations
  • Floodproofing Certificate Must be Obtained
  • and a Copy Maintained in Permit File

Keep copies of all flood related documentation.

  • Floodplain Analysis/Regulatory Assessments
  • Permits
  • Substantial Damage Determinations
  • Elevation certification or other “as-built”
  • certifications
  • Inventory of flood damaged structures and
  • other supporting documentation

The procedures used in a post-flood situation are basically the same procedures that should be used in the event of damage by other means – such as wind, tornado, earthquake, or fire.


Increased Cost of Compliance

  • ICC
  • Benefit in most Standard Flood
  • Insurance Policies
  • Can provide up to $30,000
  • Substantially or repetitively
  • flood-damaged buildings

ICC money can be combined with other insurance benefits, disaster and mitigation assistance grants, and low-interest SBA loans to pay for the cost of “compliance”.


The local floodplain administrator determines that the structure is substantially damaged or is a repetitive loss property and issues a written declaration.


Together, the policyholder and local floodplain administrator determine the best mitigation option that complies with the local floodplain management ordinance.


Mitigation Options



Floodproof (non-residential only)



The policyholder can receive about half the ICC money to begin the mitigation measure. The balance of the money is paid to the policyholder when the job is complete and in compliance with the floodplain management ordinance.



Remediation of Floodplain Violations


What is a violation?

How did it happen?

What do we do now?


Development that has occurred within the

SFHA that does NOT meet the minimum

requirements of the local floodplain ordinance.


Post FIRM Residential Structures that are

Located with their Lowest Floor

below base flood elevation


Post FIRM Residential


that are Not


Anchored to Resist

Flotation, Collapse

or Lateral



Post FIRM structures with Enclosures below the bfe used for Purposes

other than Parking, Access, or Storage


Pre-FIRM structures that were substantially improved

without meeting the building protection requirements

such as elevation


Development that

has proceeded


all the required



Post FIRM structures

without Required

Elevation Certificates

or Floodproofing



Violator proceeded with project without

obtaining permits. Intentional or Unknowingly


Violator constructed differently than the approved plans.

Incorrect site information provided or site changed from submitted plans.

Elevations not checked before/during construction.


Deficiencies in the local permit process...

Violator was not informed adequately -- did not understand the requirements.

Lack of adequate local resources, including professional staff.


If we ignore it, will it go away?

Not likely --

Although this may work for a short period - failure to address violations usually causes problems down the road.


For the Property Owner

  • Increased Risk of Flood Damage
  • High Flood Insurance Premiums
  • Lower Resale Value
  • Legal Action

For the Community

  • Flood damage
  • Probation
  • Suspension
    • Unavailability of Flood Insurance
  • Ineligible for various types of
  • Federal Funding
  • Increased risk for rescue personnel
  • Increased rescue cost
  • Legal action

Keep in mind that a community is obligated to correct

all deficiencies and remedy all violations to the maximum

extent possible.


If the problem was due to ordinance or permitting deficiencies…

  • Amend Ordinance to close loopholes or correct ordinance language that contributed to the problem.
  • Amend Ordinance to include more effective enforcement provisions or add penalty provisions.

Provide missing elevation or

  • floodproofing certificates.
  • Change administrative procedures to
  • improve the permitting and inspection
  • process -- PUT IT IN WRITING.
  • Change or increase staff or resources
  • used to enforce the local ordinances.
  • Provide training to staff

Make sure all those involved in

local permitting:

1) understand the floodplain ordinance

2) utilize the floodplain maps correctly

3) understand and use the proper

permit procedures

4) know how to use resources


Make sure local procedures make

requirements clear to the applicant.

  • Requirements, such as the elevation,

openings, and elevation certificate, should

be clearly stated to the applicant in writing.

  • Local permit process should be consistent

- written procedure.

  • Occupancy certificates can be a “carrot”.
  • Inspections

Look at the violations section of your

  • floodplain ordinance. See what
  • provisions are set out in the ordinance
  • for pursuing violations.
  • What procedures are followed for
  • violations of other types of local
  • regulations?

A stop work order should be issued if

construction is underway.

The violator will need to be notified of the violation. (certified mail is recommended)


The location and nature of the violation

should be made clear.

  • Reference should be made to the floodplain

ordinance and what specific sections have

been violated.

  • Violator should be informed of possible fines

and other possible actions.

  • Violator should be informed of the desired

response or action to be taken.


All notices to the violator that request a response or action by the recipient should include a “response due” date.


Violators should be given “due process” - reasonable opportunity to respond/correct/take action.

The community should send a minimum of two written notices (which include a response/action due date) before proceeding on to more harsh actions such as fines or litigation.


If the violator does not satisfactorily respond to the notices, the community may look at taking legal action - as with any other violation of the community’s local regulations.




If all efforts to correct the violation (involving a structure) have been exhausted, other options may need to be considered.

  • Notice on Deed
  • 1316 - Denial of Flood
  • Insurance

Notice on Deed

Most commonly used for cases where the lowest floor of a structure is below the required elevation.

Notice is recorded against the title to the building(s).

Informs any future owners of non-compliant status of structure by recording a notice against the title.

Recommends that property be covered by flood insurance.


Recorded in the County

  • Recorder’s Office
  • Provides notice to future owners
  • Does not prohibit sale of the
  • property – not a lien
  • Makes property less attractive to
  • prospective buyers

Denial of Flood Insurance Coverage

Under Section 1316

If the use of the enforcement provisions fails to obtain compliance with local floodplain management regulations, the community can declare the structure(s) to be

in violation and request that FEMA deny flood insurance coverage.



The basic intent of Section 1316 is to support enforcement actions by States and local units of government by providing them with an additional tool for obtaining compliance with their local floodplain management regulations.


Section 1316 provides :

A means of providing economic incentive

to the property owners for correcting the


A way to take action against uncorrectable

violations that also acts as a deterrent to future violations


Impacts of Section 1316

Flood insurance (NFIP) will not be available

for the structure

Grants, loans, or guarantees made by Federal

Agencies, such as the Small Business Administration,Federal Housing Administration , and Veterans Administration, will not be available for acquisition of or construction on the structure.

After a flood, no Federal disaster assistance will be available to rebuild the structure.


FEMA will review the request and

evaluate the situation. If appropriate,

Section 1316 will be applied and

flood insurance coverage will not be

available for that structure.


If the structure is later brought into

compliance with the local floodplain

management regulations, a Section

1316 Recission can be applied for.

As with the request for a Section 1316,

a request to rescind a Section 1316

must be made in writing.


If appropriate, FEMA will then restore

the availability of flood insurance


kansas department of agriculture division of water resources water structures floodplain program
Kansas Department of AgricultureDivision of Water ResourcesWater StructuresFloodplain Program
  • www.ksda.gov
    • Water Resources
      • Water Structures
        • Floodplain Management