ADVISORY BASE FLOOD ELEVATIONS (ABFEs)

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1 The Department of Homeland Security s Federal Emergency Management Agency is committed to helping communities that were impacted by Hurricanes Katrina and Rita rebuild safer and stronger. Following catastrophic disasters, FEMA conducts flood risk assessments to analyze the most current and accurate flood-risk data available. The result of this assessment is the establishment of Advisory Base Flood Elevations (ABFEs). INTRODUCTION Rebuilding of the Louisiana Gulf Coast is underway and communities need information to ensure that buildings are reasonably protected from future storm events. In April 2006, FEMA issued Flood Recovery Guidance for the Belle Chase levee-protected areas and areas outside the levee systems within Plaquemines Parish. Because of the vast complexities and the need for additional study regarding the flood protection system, no advisory information could be released for southern Plaquemines Parish at that time. FEMA is now prepared to release Flood Recovery Guidance for the remaining portions of Plaquemines Parish. The Flood Recovery Guidance is intended as an interim product. As better flood hazard information becomes available, it will be provided to communities. FEMA strongly encourages communities to use the Flood Recovery Guidance in their planning and rebuilding efforts to minimize future flood damages. The following is a list of frequently asked questions pertaining to the Flood Recovery Guidance Advisory Addendum #1 Base Flood Elevations For Plaquemines Parish (September 21, 2007). This document provides additional information covering topics related to flood hazard mapping, guidance for reconstruction and related floodplain management questions, flood insurance, and mitigation grant programs. Specifically, questions and answers below cover information about rebuilding to the Advisory Base Flood Elevations (ABFEs) for inside levee protected areas of southern Plaquemines Parish. For information regarding the levee-protected areas of Belle Chase and areas outside the levee systems, please see the April 12, 2006, Flood Recovery Guidance and supporting documentation. ADVISORY BASE FLOOD ELEVATIONS (ABFEs) WHAT IS THE? The Flood Recovery Guidance is a guidance document that was issued to impacted Louisiana parishes following Hurricanes Katrina and Rita. The guidance provided community officials with recovery/reconstruction guidelines and ABFEs to guide their recovery efforts until new Flood Insurance Studies (FIS) could be completed. The Flood Recovery Guidance is necessary because Hurricanes Katrina and Rita, along with other recent storms, have created concerns about the accuracy of the flood risk information on the current effective Flood Insurance Rate Maps (FIRMs). September 21,

2 WHAT ARE ABFEs AND HOW DO THEY DIFFER FROM THE CURRENT BASE FLOOD ELEVATIONS (BFEs)? ABFEs are an interim product to assist communities in their rebuilding efforts while new FIRMs are being completed. In many areas, the flood elevations caused by Hurricanes Katrina and Rita exceeded the BFEs on the current effective FIRMs for the Gulf Coast Parishes of Louisiana. The BFE is the elevation of the flood having a 1-percent-annual-chance of being equaled or exceeded in any given year. HOW DOES FEMA DECIDE WHERE TO RELEASE ABFEs? Following Hurricanes Katrina and Rita and in response to requests from local communities, FEMA developed ABFEs in areas where the effects of the storms had significantly altered the floodplain, or had demonstrated that current BFEs were outdated. ABFEs will be released only for areas where a Presidential disaster declaration has been made, and then only when FEMA officials determine that the BFEs on the current effective FIRMs no longer reasonably reflect the actual risk. WHY HAVE ABFEs NOT BEEN RELEASED FOR OTHER STORM EVENTS? Hurricanes Katrina and Rita were exceptionally strong storms that caused flood waters to far exceed the BFEs on the current effective FIRM for the Gulf Coast Parishes of Louisiana. FEMA s preliminary post-storm analysis showed that many of the current BFEs do not accurately reflect the true risk, and that significant changes to the floodplains resulting from the storms necessitated the new advisory elevations. With this understanding, FEMA responded to local officials requests for more accurate rebuilding data by developing these ABFEs. WHAT ABFEs ARE FEMA RECOMMENDING FOR SOUTHERN PLAQUEMINES PARISH? The U.S. Army Corps of Engineers (USACE), in close coordination with FEMA, has completed a preliminary analysis of the 1-percent-annual-chance flood elevations for all areas outside of levees. This analysis considered storm data from the past 155 years (including Hurricanes Katrina and Rita), new and existing long-term tidal gage records, and other existing engineering studies. The results of the USACE storm data analysis indicate that the new 1-percent-annual-chance flood elevations in areas impacted by coastal storm surge may be higher that those shown on the current effective FIRMs. The 1-percentannual-chance flood event is used by FEMA as the Base Flood for floodplain regulations and insurance. Since the preliminary storm surge analysis suggests that elevations may be higher than those shown on the effective FIRM and the flood control system in southern Plaquemines Parish does not meet the standards necessary to provide protection against the Base Flood, FEMA is recommending the higher of two sets of flood elevations, effective FIRM BFEs or recommended ABFEs. For new construction and reconstruction of substantially damaged structures and for substantially improved homes and businesses, FEMA recommends reviewing the current effective FIRM to determine the BFE at the building site and comparing that elevation to the recommended ABFE provided in Table 1 of the Flood Recovery Guidance Advisory Addendum #1. The lowest floor of the structure should be elevated to the ABFE specified in Table 1 or the BFE shown on the effective FIRM, whichever is higher. September 21,

3 The elevations provided in the Flood Recovery Guidance reflect the 1-percent-annual-chance Stillwater elevation in and around each sub-basin. The elevations range from 8 feet to 18 feet (North American Vertical Datum (NAVD88)), depending upon the location within the parish. WHY WAS FEMA PREVIOUSLY UNABLE TO RELEASE ABFEs FOR SOUTHERN PLAQUEMINES PARISH? On April 12, 2006, FEMA issued Flood Recovery Guidance for the Belle Chase levee-protected areas and areas outside the levee systems within Plaquemines Parish. Because of the vast complexities and the need for additional time to study the flood protection system, no advisory information could be released for southern Plaquemines Parish at that time. IF THE PROPERTY IS LOCATED OUTSIDE OF A LEVEE PROTECTED AREA, WHAT IS THE ABFE? For the areas outside the levee protection in Plaquemines Parish, FEMA released Flood Recovery Guidance on April 12, 2006, recommending new construction and substantially damaged or substantially improved homes and businesses calculate their ABFE by using the current effective FIRM, plus a freeboard of 1 foot or 3 feet in elevation, depending on the location within the parish. Freeboard represents a safety factor expressed in feet above the BFE and helps compensate for the many unknown factors that could contribute to flood heights greater than the BFEs. The April 12 guidance can be viewed on FEMA s website at: Additional information regarding the April 12 release of Flood Recovery Guidance can be viewed at: IF THE PROPERTY IS LOCATED IN THE BELLE CHASE LEVEE-PROTECTED AREAS, WHAT IS THE ABFE? For the Belle Chase levee-protected areas, FEMA released Flood Recovery Guidance on April 12, 2006, recommending the ABFE for new construction and substantially damaged homes and businesses within a designated FEMA floodplain is the higher of the BFE shown on the current effective FIRM or 3 feet above the highest adjacent ground elevation at the building site. For new construction and substantially damaged homes and businesses not located in a designated FEMA floodplain, the ABFE is defined as 3 feet above the highest adjacent ground elevation at the building site. The April 12 guidance can be viewed on FEMA s website at: Additional information regarding the April 12 release of Flood Recovery Guidance can be viewed at: HOW IS THE ABFE FOR A PROPERTY IN LEVEE PROTECTED AREAS INCLUDED IN THE SEPTEMBER 21, 2007, ADVISORY ADDENDUM DETERMINED? The Flood Recovery Guidance documents were issued on a parish wide basis providing community officials with advisory elevations that should be used in the rebuilding phases. To determine an ABFE September 21,

4 for a property, the current effective FIRM and the Flood Recovery Guidance document need to be utilized. To determine the flood zone and BFE for the property, the current effective FIRM can be viewed for the community at the following locations: FEMA Map Service Center website is the official government source for flood hazard mapping information, products, and services, and provides digital copies of the nation s current effective FIRM. The site can be located at: Community Map Repository can be found by contacting the Floodplain Administrator within the parish. Once the current flood zone and BFE for the property have been determined, FEMA is recommending the higher of the effective FIRM BFEs or recommended ABFEs provided in Table 1 of the Flood Recovery Guidance Advisory Addendum #1. The lowest floor of the structure should be elevated to the ABFE specified in Table 1 or the BFE shown on the effective FIRM, whichever is higher. If there are specific questions about determining the ABFE for a particular site, the Floodplain Administrator for the parish should be contacted. WILL FEMA PROVIDE UPDATED INFORMATION BESIDES THE? The Flood Recovery Guidance is data produced to help communities respond to the need to immediately process building permits necessary for reconstruction. At this time, FEMA is working to put this guidance in map form, creating detailed Hurricane Katrina Surge Inundation and Advisory Base Flood Elevation Map INSIDE LEVEE-PROTECTED AREAS ADDENDUM. Once completed, these maps will be posted on FEMA s website at: These detailed Recovery Maps will show the ABFEs for specific zones or areas in levee protected areas of Plaquemines Parish addressed by the September 21, 2007, Advisory Addendum, which are geographically defined based on the levee polders shown on the current effective FIRM for each community. These maps will be equivalent to the Hurricane Katrina Recovery Maps released for the Belle Chasse area and areas outside of levee protection on June 12, Although FEMA anticipates that it will take 1 month to complete recovery maps for the southern Plaquemines Parish, property owners can determine the ABFEs for their site using the Flood Recovery Guidance issued today. WHAT IS THE SCHEDULE FOR REVISED FIRMs AND WILL THE REVISED FIRM INCORPORATE THE DATA USED TO DEVELOP THE ABFEs? FEMA is working with USACE and its mapping partners to complete a formal restudy of many of the coastal Louisiana parishes and will be producing preliminary FIRMs. FEMA anticipates releasing preliminary FIRMs later this year or the first of next year. However, these maps will not become effective until they have been through a formal appeals and adoption process with each community. September 21,

5 Until detailed analyses are completed and preliminary FIRMs are issued, FEMA is encouraging that the ABFEs and Recovery Maps be used for floodplain management purposes as it is the best information FEMA has available at this time. WHAT IS LAND SUBSIDENCE AND HOW DOES IT AFFECT ABFEs? Land subsidence is the lowering of the ground relative to a fixed reference point. The rate of subsidence varies from place to place but has been measured to be as high as 0.8 feet per decade in some parts of Louisiana. Subsidence increases flood risk by allowing storm surge and larger waves to spread further inland. Land subsidence was taken into account in the development of the ABFEs. The ABFEs may be higher than the elevations depicted on the effective FIRMs because of the effects of subsidence and degradation of coastal barriers, and the addition of 35 years of flood data which include the effects of Hurricanes Katrina and Rita. WHAT VERTICAL DATUM IS BEING USED FOR THE SEPTEMBER 21, 2007, ADVISORY ADDENDUM AND HOW DOES IT RELATE TO MEAN SEA LEVEL? A vertical datum is a set of constants that defines a system for comparison of elevations. In the NFIP, a vertical datum is important because all elevations need to be reference to the same system. The vertical datum used within the effective Flood Insurance Studies for the coastal Louisiana parishes is National Geodetic Vertical Datum of 1929 (NGVD29). NGVD 29 was also used in the April 12, 2006, Flood Recovery Guidance and the June 5, 2006, Recovery Maps for Plaquemines Parish. However; in order to better assist Plaquemines Parish the North American Vertical Datum of 1988 (NAVD88) is being used for this addendum. When FEMA issues the preliminary FIRMs for Plaquemines Parish, they will also reference NAVD88. For additional information on NAVD88 and other vertical datums, please contact National Geodetic Survey or visit its website at WHAT BENCH MARK INFORMATION SHOULD BE USED IN THE IMPACTED AREA? FEMA recognizes that some bench marks may have been damaged during Hurricanes Katrina and Rita and other benchmarks are not longer valid due to subsidence. Therefore, it is important that this information for rebuilding be obtained from National Geodetic Survey. Updated bench mark elevation information is now available for coastal Louisiana, and areas south of Interstate 10. This information should be incorporated into all recent, current, or planned surveying efforts in this region which are elevation sensitive. Contact National Geodetic Survey and the Louisiana Spatial Reference Center for updated or additional information on bench mark elevations and additional Global Positioning System sites in coastal Louisiana for the area south of Interstate 10. For additional information on updated bench mark elevation information for coastal Louisiana, visit the NGS Louisiana Height Modernization Project 2006 website : September 21,

6 FLOODPLAIN MANAGEMENT GUIDANCE - USING ABFEs FOR RECONSTRUCTION This section addresses frequently asked questions on the use of ABFEs for rebuilding. Specifically, this section provides guidance for implementing ABFEs in the reconstruction process inside levee protected areas of southern Plaquemines Parish. Under the NFIP, communities are required to adopt and enforce floodplain management regulations that meet or exceed the minimum floodplain management requirements of the NFIP in order for FEMA to make flood insurance available to properties owners. In general, communities that participate in the NFIP are required to adopt floodplain management regulations that require new structures and substantially improved or substantially damaged residential structures be elevated at or above the BFE. Non-residential structures can be elevated or dry floodproofed. However, dry floodproofing is only allowed in A zones because of the velocity and wave action exerting hydrodynamic forces in V zones. As previously noted, the assessment of the flood risk from Hurricanes Katrina and Rita indicates that the communities effective FIS and FIRMs underestimate the extent of the flood hazard and flood risk. Therefore, FEMA recommends that the lowest floor of new structures or substantially damaged or substantially improved structures be elevated to the ABFEs, which are designed to help minimize flood damages until new effective FIRMs are issued based on a restudy of flood hazards. For floodplain management guidance for the levee-protected areas of Belle Chase and areas outside the levee systems, please see the April 12, 2006, Flood Recovery Guidance and supporting documentation. IS MY COMMUNITY REQUIRED TO ADOPT THE ABFEs DEVELOPED USING THE METHODS IN THE? Participating communities in the NFIP are not required to adopt the ABFEs. However, communities are encouraged to use this data to minimize future flood damages. Ordinarily FEMA provides flood data to communities in accordance with a well-defined regulatory process. This process involves providing preliminary data, affording an appeals procedure, finalizing the data and providing a six-month period of time for communities to adopt the data into their local ordinances and codes. FEMA cannot require a community to adopt new data unless it goes through this process. Remapping and completing the entire regulatory process generally takes a minimum of two years from the inception of the restudy until new FIRMs become effective. The Flood Recovery Guidance is an interim product that will provide communities with an estimate of the minimum flood elevations that they can use during reconstruction to protect their citizens against future damages. WHAT ARE THE BENEFITS TO MY COMMUNITY OF ADOPTING THE ABFEs? Hurricanes Katrina and Rita demonstrated the BFEs and flood boundaries on the current effective FIRMs may not provide an appropriate level of protection for new structures and substantially damaged or substantially improved structures. FEMA has developed the ABFEs to provide communities with an September 21,

7 interim product that they can use during reconstruction to ensure that new structures and repairs of substantially damaged structures are protected to a level that minimizes future flood damages. Although FEMA cannot require communities to adopt the ABFE, continued use of the flood data on the current effective FIRMs could result in structures that will be vulnerable to flood damage because they will not be built high enough or have the structural integrity to resist flood forces that may be encountered in future extreme weather events. If the ABFEs are higher than the BFE on the current effective FIRM, the flood insurance premiums for buildings constructed to those new elevations may be much lower. FEMA will provide technical assistance to communities in adopting and implementing the Flood Recovery Guidance. IF MY COMMUNITY DECIDES TO USE THE ABFEs, WILL IT NEED TO AMEND ITS FLOODPLAIN MANAGEMENT REGULATIONS TO INCORPORATE THE NEW DATA? Generally yes. Your floodplain administrator will need the authority to require use of the ABFEs instead of the BFEs on your current effective FIRM. If your community chooses to use this information, FEMA advises that the community formally adopt the Flood Recovery Guidance for your community so that it is legally enforceable. When communities receive ABFEs or have evidence that there is an increased flood hazard risk, communities have a responsibility to evaluate and prudently use this information for actions in the floodplain to ensure that structures are not vulnerable to flood damage and the health and safety of citizens are protected. WHAT LANGUAGE SHOULD MY COMMUNITY USE TO ADOPT ABFEs? FEMA recommends that your community amend its floodplain management regulations to adopt the methods for determining the ABFEs provided in the Flood Recovery Guidance Advisory Addendum for your community. Your community may want to consider adopting the following or similar language: For purposes of administering this ordinance, the elevations shall be established by the Building Official (or Floodplain Administrator) using the methodology described in FEMA s Flood Recovery Guidance Advisory Addendum, dated September 21, 2007, which establishes the Advisory Base Flood Elevations (ABFEs) for Plaquemines Parish (community name). IF FEMA PROVIDES UPDATED INFORMATION IN THE FORM OF RECOVERY MAPS AS DESCRIBED ABOVE IN THE MAPPING SECTION, SHOULD MY COMMUNITY ADOPT THE RECOVERY MAPS? Your community should adopt the Addendum Recovery Maps if they are available along with the Addendum Flood Recovery Guidance. If the Recovery Maps are not available at the time the community adopts the Flood Recovery Guidance, the local building official or floodplain administrator may need to seek advice from the community's attorney on how to specifically reference the Recovery Maps into the Guidance in the community's codes or ordinances. September 21,

8 WHAT IF MY COMMUNITY HAS ADOPTED THE INTERNATIONAL BUILDING CODE? The International Codes contain flood-resistant provisions that are consistent with the NFIP. If your community has adopted the International Building Code (IBC) and/or the International Residential Code (IRC) and also adopts the Addendum Flood Recovery Guidance, the ABFEs would be considered the design flood elevations for which flood-resistant provisions in the codes would apply. Both the IBC and IRC provide a section in the codes for the community to insert reference to the Flood Recovery Guidance Addendum Advisory and Addendum Recovery Maps and the date of these documents. However, the community s building code official and/or floodplain administrator may need to seek advice from the community's attorney on how to specifically reference the Flood Recovery Guidance Addendum Advisory and Addendum Recovery Maps in the ordinance that adopts the building code. Additional guidance on flood provisions contained in the International Codes can be found in the publication Reducing Flood Losses Through the International Codes available online at: This guide is intended to help community officials decide how to integrate the International Codes (I-Codes) into their current floodplain management and other building code processes in order to meet the requirements to participate in the NFIP. IN AREAS WHERE FLOOD ELEVATIONS FROM HURRICANES KATRINA AND RITA ARE WELL ABOVE THE ABFEs, CAN COMMUNITIES PROVIDE ADDITIONAL LEVELS OF PROTECTION TO PROTECT BUILDINGS FROM LARGER EVENTS? Yes. If your community chooses to adopt more restrictive requirements, such as additional freeboard above the ABFEs, you should incorporate the more restrictive requirement at the appropriate place in your ordinance. By adopting more restrictive requirements, communities can ensure a greater level of protection to homes and businesses from future storms. Under the NFIP, any community may exceed the minimum criteria by adopting more restrictive floodplain management requirements. Adoptions of more restrictive requirements are encouraged and take precedence over the minimum NFIP criteria. WHEN FEMA PROVIDES FINAL MAPS THAT REPLACE THE RECOVERY GUIDANCE AND ABFE MAPS AS DESCRIBED IN THE MAPPING SECTION OF THIS DOCUMENT, WILL MY COMMUNITY BE REQUIRED TO ADOPT THE REVISED FIS AND FIRMs? Yes. Any time that FEMA revises the effective FIS and FIRMs, the community must adopt or amend their floodplain management regulations to incorporate the new data and meet any additional floodplain management requirements. Revisions to community floodplain management regulations must also meet any additional State requirements and be adopted through a process that complies with any procedural requirements established in the State for the adoption of regulations and codes. Communities that are provided with new or revised flood hazard data must amend their existing floodplain management regulations before the effective date of the FIS and FIRMs, which is identified in the Letter of Final Determination. The final letter initiates the six-month adoption period. Communities are encouraged to adopt the appropriate floodplain management regulations as soon as possible after the final letter is issued. The adopted regulations must be submitted to FEMA or the State and be approved by FEMA before the effective data of the FIS and FIRMs. Additional information September 21,

9 about adopting FIRMs can be found in FEMA s brochure, Adoption of Flood Insurance Rate Maps by Participating Communities (FEMA 495 September 2005). To obtain copies of this brochure, contact the FEMA Distribution Facility at CAN COMMUNITIES ADOPT CURRENT BFES PLUS FREEBOARD AS AN ALTERNATIVE TO ADOPTING THE ABFEs? Yes. The ABFEs are an interim product to assist communities in their rebuilding efforts while new FIRMs are being completed. Communities can adopt higher floodplain management requirements that are more restrictive than the ABFEs established under the flood recovery guidance to further minimize flood damages. To provide a higher level of protection inside levee protected areas, communities can adopt the following requirements: In areas designated as floodplain on the current effective FIRM, communities can require new and substantially damaged or substantially improved structures be built to the current BFE plus freeboard. Freeboard is an added factor of safety expressed in number of feet added to the BFE on the effective FIRM to account for uncertainly or provide an increased level of protection. Property owners are also encouraged to consider building to these standards for greater protection if the community does not adopt these requirements. FLOOD INSURANCE IMPLICATIONS This section addresses flood insurance implications regarding the adoption of the ABFEs by communities and how the adoption of the ABFEs affects the property owners flood insurance premium. IF BUILDINGS ARE CONSTRUCTED IN COMPLIANCE WITH ABFEs, HOW WILL THAT AFFECT THE PREMIUM THAT PROPERTY OWNERS PAY? If the ABFEs are higher than the BFE on the current effective FIRM, the flood insurance premiums for buildings constructed to those new elevations may be much lower. WHAT HAPPENS TO EXISTING FLOOD INSURANCE POLICIES IF THE FIRMs ARE REVISED IN THE FUTURE TO REFLECT BFEs THAT MAY BE HIGHER THAN THE BFEs ON THE CURRENT EFFECTIVE FIRM AND HIGHER THAN THE ABFEs? Existing policies can continue using the same zone and BFE on the current effective FIRM that was in effect at the time the building was constructed as long as the building was constructed in compliance with local floodplain management ordinances. September 21,

10 WHAT IF I REPAIR THE HOUSE TO THE CURRENT BFE AND THE ABFEs ARE ADOPTED, WILL I BE ABLE TO GET FLOOD INSURANCE AND IF SO, WILL THE COST BE HIGHER? ABFEs have no impact on availability of flood insurance. Flood insurance availability is a function of the local government s participation in the NFIP. Therefore, if you decided to repair your house to the current BFE, and at a later date the community adopts the ABFEs, flood insurance will continue to be available. The NFIP will use the flood zone and BFE on the FIRM that was in effect at the time the building was reconstructed, as long as the building was constructed in compliance with local floodplain management ordinances. If the lowest floor is elevated above the BFE, the premium is lower. IF A STRUCTURE IS LOCATED OUTSIDE THE MAPPED FLOODPLAIN SUCH AS IN A B OR X ZONE, SHOULD FLOOD INSURANCE BE PURCHASED FOR THIS STRUCTURE? As Hurricanes Katrina and Rita demonstrated, severe storms can far exceed the 1-percent-annual-chance flood depicted on the current effective FIRMs. The new assessments were based on storm surge data from Hurricanes Katrina and Rita, as well as tide and storm data from the past 155 years. Future severe storms can still exceed the ABFEs and property owners outside the mapped floodplain are always encouraged to purchase flood insurance as a protection against flood losses. INCREASE COST OF COMPLIANCE COVERAGE This section addresses issues regarding Increased Cost of Compliance benefits when the building is declared substantially damaged by the community. WHAT IS INCREASED COST OF COMPLIANCE (ICC) COVERAGE? ICC coverage is a standard coverage in most NFIP policies. The coverage provides up to $30,000 to help property owners reduce the risk of damage from future floods by elevating, flood proofing (for nonresidential structures), demolishing, or relocating their building or home to meet the requirements of a local community s building ordinances. This coverage is in addition to the building coverage for the repair of the actual physical damages from flooding. However, the total claims payments can not exceed statutory limits. Therefore, the maximum amount collectible for both ICC and physical damage from flood for a single family dwelling is $250,000. IF COMMUNITIES ADOPT ABFEs, HOW WILL IT AFFECT PROPERTY OWNERS WITH FLOOD INSURANCE POLICIES? If the community adopts and enforces the ABFEs, ICC benefits will be available to elevate buildings to the ABFEs. If the community does not adopt and enforce the ABFEs, ICC benefits will only pay to elevate to the BFE on the current effective FIRM or BFE plus freeboard if the community has adopted this standard. The community must declare the building to be substantially damaged by flood by the time the repair permit is issued by the community. Note: Elevations for floodplain management purposes must be applied uniformly whether the community adopts BFEs, BFEs plus freeboard, or ABFEs. September 21,

11 WILL ICC COVERAGE PAY TO ELEVATE BUILDINGS TO THE ABFEs? Yes. If your community adopts and enforces the advisory base flood elevations and requires a substantially damaged building to be elevated to that elevation, that building would qualify for ICC coverage, which will pay up to $30,000, provided it meets the other requirements in the policy. WILL ICC BENEFITS APPLY TO B OR X ZONES IF THE COMMUNITY ADOPTS AND ENFORCES ABFE? Yes, if the ABFEs are applicable to those zones. IF A HOUSE WAS BUILT IN COMPLIANCE WITH THE CURRENT EFFECTIVE FIRM WAS SUBSTANTIALLY DAMAGED AND SUBSIDENCE HAD OCCURRED CAUSING THE LOWEST FLOOR TO BE LOWER THAN THE CURRENT EFFECTIVE BFE, WOULD ICC PAY TO ELEVATE THE STRUCTURE TO THE BFE OR ABFE? Yes, to whichever elevation the community has adopted and is enforcing throughout the community. IF A SECOND FLOOR IS ADDED TO THE HOUSE AND THE LOWEST FLOOR IS CONVERTED TO PARKING, STORAGE, OR ACCESS, IS THIS ELEVATION TECHNIQUE ELIGIBLE FOR ICC? Yes. ICC will pay to elevate the structure using posts, piers, pilings, or foundation walls. However, ICC will not pay for the construction of a second floor or any additional floors. IF A PROPERTY OWNER DEMOLISHES A HOUSE, ARE WE ELIGIBLE FOR UP TO $30,000 TO ELEVATE A NEW HOUSE? Only if the elevation is to the BFE, BFE plus freeboard, or the ABFE as required by the community and the structures is in a mapped floodplain on the current effective FIRM. ICC will pay up to $30,000 for any combination of the following activities: Elevation Flood proofing (non-residential buildings only) Relocation Demolition WHAT IS THE DEADLINE FOR FILING AN ICC? The NFIP requires that the ICC claim be filed as soon as the property owner is notified by the community that the building has been substantially damaged by flood. IS ICC TAXABLE INCOME? No. The ICC coverage is insurance proceeds and is not considered taxable income. September 21,

12 HOW LONG DOES AN ICC APPLICATION TAKE? There is no application to complete. ICC is part of the flood insurance coverage and is available if the ICC eligibility requirements are met. To file an ICC claim, the property owner will need to provide to the insurance company or NFIP a letter from the community stating the structure is substantially damaged. In order for the property owner to receive ICC benefits, the structures must be 50 percent damaged by flood. IF A COMMUNITY IS DEMOLISHING DAMAGED HOMES, BUT NOT DEMOLISHING THE SLAB, WILL ICC PAY FOR DEMOLISHING THE SLAB? CAN THE SAME SUBCONTRACTOR DO BOTH AND HAVE ICC REIMBURSE THE CONTRACTOR FOR DEMOLISHING THE SLAB? Yes. ICC will pay for the demolition of the slab, but ICC will not pay for the demolition cost that has already been paid for from another funding source. The insured may arrange for the same contractor to demolish the slab and the insured can then submit the ICC claim to their insurance company or the NFIP for reimbursement. The insured is responsible for paying the contractor. CAN A RESIDENTIAL STRUCTURE BE ELEVATED FOR $30,000? It depends. There are many factors that affect the costs associated with raising houses. These include size of home, construction type including foundation type such as slab-on-grade or crawl space, etc., condition and shape of home, condition of slab, extending utilities, engineering, ability of a company that specializes in elevating homes to mobilize the equipment at the property site, relandscaping, and most importantly the height of elevation. FEMA and the USACE have existing publications including case studies and guidance on elevating homes. These documents include the following: FEMA Publications Principles and Practices of Retrofitting Floodprone Residential Structures, FEMA 259/January 1999 Homeowner s Guide to Retrofitting, Six Ways to Protect Your House from Flooding, FEMA 312/June 1998 These publications can be found on the following website: USACE Floodproofing Publications Raising and Moving a Slab-on-Grade House with Slab, 1990 Flood Proofing - How to Evaluate Your Options, 1993 A Flood Proofing Success Story Along Dry Creek at Goodlettsville, Tennessee, 1993 These and other publications can be found on the following website: September 21,

13 WHAT OTHER GUIDANCE IS AVAILABLE ON ICC COVERAGE? National Flood Insurance Program Increased Cost of Compliance Coverage, Guidance for State and Local Officials, FEMA 301/September 2003 Increased Cost of Compliance, F-663/August 2002 Additional information about ICC can be found at: FEMA GRANT PROGRAMS AND ABFEs In order to ensure that communities affected by major disasters are rebuilt stronger, safer and less vulnerable to damages from future flood disasters, FEMA will require communities to adhere to the elevation requirements established by ABFEs in order to be eligible for FEMA-funding for certain mitigation and recovery projects. WHAT PROGRAMS ARE AFFECTED BY ABFEs? FEMA s new elevation policy for FEMA grant programs requires Louisiana communities to use the ABFEs for all reconstruction activities funded through the following programs: Hazard Mitigation Grant Program (HMGP) provides grants to fund mitigation projects after a disaster strikes to enable mitigation measures to be implemented during the recovery process Flood Mitigation Assistance (FMA) program provides grants to mitigate future flood damages for structures insured under the NFIP Pre-Disaster Mitigation (PDM) program awards nationally competitive grants to fund hazard mitigation projects Public Assistance Grant Program provides funds for the repair, replacement and restoration of public facilities The ABFEs while encouraged by FEMA are not mandatory for rebuilding of private homes using FEMA s Individual and Households Assistance housing reimbursement grants used for home repair or rebuilding of private non-residential structures. Local ordinances set the rebuilding levels for individual homes and businesses. WOULD A PROPERTY OWNER S FLOOD INSURANCE PAYMENT FOR DIRECT PHYSICAL DAMAGES BE SUBTRACTED FROM AN HMGP GRANT? Policyholders may choose to use their insurance payments for something other than its intended purpose. If the insurance payment is not used to repair or replace flood-damaged property, the insurance payment can be applied toward the costs of an HMGP project. However, if policyholders choose to do this, they should be aware that their policy would not provide coverage for those unrepaired damages in the event of a subsequent flood. Policyholders may also choose to use the insurance payment to pay for engineering, survey and architectural or other eligible costs under their approved HMGP project. In such a case, the insurance September 21,

14 payment is subtracted from the total eligible project costs, resulting in a reduced project cost for grant purposes. In this case, all grant costs, including the cost-share required for this project, are then reduced. This approach is used to avoid duplication of benefits when multiple sources of funding are available for a project purpose, since recipients of hazard mitigation grants should not receive funds, including flood insurance settlements, from more than one source for the same purpose. IF A PROPERTY OWNER DOES NOT ELEVATE TO THE ABFE WILL THEY BE ELIGIBLE FOR OTHER SOURCES OF FUNDING? Property owners who choose not to elevate to the ABFE may be eligible for funding from other sources. For example, if a community does not adopt the ABFEs, a property owner may be eligible for an ICC payment through an existing flood insurance policy to elevate to the level currently enforced by the community. However, projects funded through FEMA mitigation grant programs must utilize ABFEs. HOW DOES ICC RELATE TO MITIGATION PROJECTS? Flood insurance policyholders may be eligible for Increased Cost of Compliance (ICC) coverage benefits. ICC coverage is an important part of most flood insurance policies. The coverage provides up to $30,000 to help property owners reduce the risk of damage from future floods by elevating, floodproofing (for nonresidential structures), demolishing, or relocating their building or home. This coverage is in addition to the building coverage for the repair of the actual physical damages from flooding. However, the total claims payments cannot exceed statutory limits. A claim under ICC coverage is filed separately from a flood insurance claim. Mitigation activities eligible under ICC are also eligible under the HMGP. As noted above, duplication of benefits prevents the policyholder from receiving HMGP funds and ICC for the same project expenses. However, the ICC claim payment can be counted toward the required non-federal cost-share for an eligible HMGP project. This is beneficial to policyholders because in many cases the cost of elevation or other eligible mitigation activities may be more than the $30,000 available through ICC coverage. Their community can pay for the additional cost of the project with the mitigation grant funds. WHY CAN A PROPERTY OWNER WITH FLOOD INSURANCE RECEIVE AN ICC PAYMENT TO ELEVATE SUBSTANTIALLY DAMAGED STRUCTURES BELOW THE ABFE, IN SOME CASES, BUT MITIGATION GRANT RECIPIENT MUST ELEVATE TO THE ABFE? Because ICC is part of the flood insurance policy, it is subject to the floodplain regulations currently being enforced by the community. If a community chooses to adopt and enforce the ABFEs, then ICC coverage will pay up to $30,000 to elevate to that level. As stated above, in order to ensure that communities affected by major disasters are rebuilt stronger, safer and less vulnerable to damages from future flood disasters, FEMA will require communities to adhere to the elevation requirements established by ABFEs in order to be eligible for FEMA-funding for certain mitigation and recovery projects. This helps to ensure that the Federal investment is being used to minimize, to the extent possible, future flood damages. September 21,

15 WHAT TYPES OF PUBLIC ASSISTANCE GRANT PROGRAM PROJECTS MUST BE BUILT UTILIZING AVAILABLE ABFEs? Any type of project where base flood elevations would be a design consideration for example elevating a public building must utilize them. IF A PERSON DOES NOT WANT TO RETURN TO THEIR PROPERTY, IS THERE A BUYOUT OPTION? WHAT OPTIONS DO PROPERTY OWNERS HAVE IF THE LOCAL COMMUNITY IS NOT DOING A BUYOUT PROJECT? Yes. FEMA mitigation grant dollars may be available for communities wishing to acquire flood prone properties. The primary responsibility for selecting and administering mitigation activities resides with the State. The State sets mitigation priorities and selects project applications that are developed and submitted by local jurisdictions. Although individuals may not apply directly to the State for assistance, local governments may sponsor an application on their behalf. September 21,