ASSOCIATION OF STATE FLOODPLAIN MANAGERS

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1 ASSOCIATION OF STATE FLOODPLAIN MANAGERS Region VIII Report (CO, MT, ND, SD, UT, WY) Orlando, Florida Jeffrey Sickles, P.E., CFM, Region VIII Director INTRODUCTION and REGIONAL OVERVIEW Region VIII consists of the following states: Colorado, Montana, Wyoming, Utah, North Dakota and South Dakota. Within the Region, Colorado is the only state that has an official Chapter of the Association of State Floodplain Managers. The Montana Association of Floodplain Managers (AMFM) is presently working with ASFPM and has recently submitted their application to become an official ASFPM chapter. Utah also has a non-asfpm organization; the Utah Floodplain and Stormwater Managers Association (UFSMA). Each of these organizations has held an annual meeting in the past year and has provided CFM training, and general floodplain training and seminars. In regards to challenges within the Region, levees continue to be a challenge in regards to Map Modernization. More specifically, as PAL agreements come due, it is unclear how to handle levees that have not been certified. Many States are struggling with how best to address levees and how best to coordinate with FEMA, the Corps of Engineers and local communities. Also of note is that many floodplain managers within the region serve very small communities and lack the training they need to handle floodplain issues. Finding ways to provide training for these individuals is imperative for successful implementation of floodplain management and regulations. Colorado Disaster status Snow pack was slightly below average this year and not significant flooding has occurred this year. CAP-SSSE Update In November, 2008 CASFM and the State held an Intro to CRS Workshop. French Wetmore and Kerry Redente gave an overview of the CRS program. Local communities shared information on their programs and offered examples of outreach activities. The State is working to develop quick applications that would provide immediate credit for some CRS activities that are being done by the State and/or the Denver Urban Drainage and Flood Control District. These would allow new CRS communities to earn credit for these activities immediately. Mitigation Issues & Successes The State of Colorado submitted numerous PDM applications in One significant project is the Clark Reservoir project in Larimer County. This project would divert flows from Coal Creek, a major tributary to Boxelder Creek, and would reduce flows by detaining stormwater in a local irrigation storage facility. This project received PDM funding in 2008 and is ongoing. Successful completion of this project will result in over 200 homes being removed from the downstream floodplain. Map MOD Status; Risk MAP needs Colorado has worked on over 24 county-wide DFIRM projects since In FY 08, Colorado began work on Gunnison, Elbert, Montrose, and Rio Grande counties. The State also recently went through a reselection process for mapping contractors to address projects associated with Risk MAP. CTP progress Colorado remains a strong CTP in Region VIII. Colorado continues to manage Map Modernization projects throughout the State and regularly invests State money in each project. Working closely with FEMA, Colorado s Map Mod program has been a continued success. CFM numbers and accomplishments A CFM exam was offered at the CASFM Annual Conference in Presently CASFM has over 676 members with over 303 registered as CFMs. *Training courses offered and needed The Colorado Association of Stormwater and Floodplain Managers held their Annual Conference in September of The conference provided CFM training and testing in addition to numerous presentations on stormwater and floodplain issues. Training for Elevations Certificate/Flood Insurance was held on April 30, ASFPM Assistance needed/asfpm focus/goals for the next year None noted. Other important needs, issues, or success from the State None provided. Regional Director Report Region VIII 1

2 Montana Disaster status No Federal disasters. There were some small flooding events in Ravalli and Gallatin counties. CAP-SSSE Update Montana has had two communities join the NFIP in the last two years, and has conducted over 35 CAVs and 30 CACs. There have been minor compliance issues such as the updating of community ordinances and new mapping. There are a few communities that are struggling with violations and how to bring the projects into compliance. Again, legal issues have been problematic to communities throughout Montana. Mitigation Issues & Successes Montana is working with numerous communities to join CRS and increasing their outreach incentives for this particular program. Hazard Mitigation Grants have also been an issue, this year Kent Atwood the State Hazard Mitigation Officer was successful in acquiring funding for two separate PDM grants for communities. Kent s office has also been successful in updating Pre-Disaster Mitigation Plans for communities and all new plans can be downloaded at the following website: Map MOD Status; Risk MAP needs The following updates Map Mod in Montana over the past 3 years: o The DNRC initiated Digital Flood Insurance Rate Map (DFIRM) projects in Flathead and Missoula Counties in FFY05, Yellowstone County in FFY2006, and Cascade, Lewis & Clark and Fergus Counties in FFY2007. Flathead County s DFIRMs became effective in September o The following counties are scheduled to go Effective in 2010: Missoula County, Yellowstone County, Cascade County, Fergus County, Lewis and Clark County, and Gallatin County. o Custer County is scheduled to go Effective in the fall of o Funding for FFY 2008 has recently been finalized. The DNRC had developed cost estimates for Ravalli, Lake, Sanders, Mineral, Powell, Silverbow, Jefferson, and Broadwater Counties. FEMA selected Ravalli and Silverbow to undergo digital conversion in FFY2008, and these counties will be mapped by PBS&J, a FEMA contractor. CTP progress - The three following issues were addressed by the State of Montana in the past year: o NO FILL BILL SIGNED BY GOVERNOR: For over 30 years, the State of Montana mandated residential construction on fill. No other options such as stem walls or piers were allowed. With a mandatory 15' perimeter fill, the obstruction created by an average home was nearly tripled. On April 1, 2009, the Governor signed HB 270 into law which removed the two words "on fill" from State law. The Bill was sponsored by Rep. Michele Reinhart (D) Missoula and was overwhelmingly supported by both political parties in both the Senate and the House of Representatives. AMFM members assisted with bill drafting and testified in support. Montana communities expect to be issuing permits for no-bill build alternatives this construction season. Montana continues to mandate 2' of residential freeboard and.5' floodways. o 2. HB AUTOMATIC ADOPTION: The Montana Department of Natural Resources and Conservation promulgated a Bill which streamlined the FEMA floodplain map adoption process. At AMFM's urging and testifying before legislative committees, the Bill was re-written to ensure that the State of Montana (rather than local government) remains responsible for validating that the FEMA maps and FIS are prepared in accordance with more stringent State requirements including 0.5' floodways. o 3. RIVERINE SETBACKS: This is the third consecutive legislative session where laws were proposed (and failed) to require mandatory streamside setbacks for new construction. This year's proposal minimized the number of streams that would have required setbacks, had bipartisan and gubernatorial support but died in legislative committee. AMFM continues to provide information and testimony as requested by lawmakers. CFM numbers and accomplishments - 81 AMFM members, 46 CFM s in MT. 3 DNRC staff members slated to take CFM exam at the ASFPM Annual Conference. *Training courses offered and needed o In the past year, the State of Montana has conducted over five floodplain 101 classes designed for FPA s and community officials in Montana. Also, the State of Montana assisted the Association of Montana Floodplain Managers (AMFM) to conduct their Annual Conference which includes a week of training opportunities for members and of ASFPM. Larry Schock, DNRC Regional Engineer, attended the FMA conference in California and stated that it was beneficial from an engineering perspective especially since it addressed arid regions. Both AMFM and the State of Montana will continue to promote training opportunities that occur with the Region and locally. o AMFM co-sponsored land use law attorney, Stephanie Kruer, to speak about the importance of the No Adverse Impact (NAI) concept at the Montana Association of Counties (MACo) annual convention. AMFM joined forces with the Montana Department of Natural Resources and Conservation (DNRC), Missoula City/County and Ravalli County in sponsoring and staffing a well- Regional Director Report Region VIII 2

3 visited flood awareness booth at the Western Montana Fair. Plans are already underway to continue providing interactive floodplain education and outreach opportunities, such as the Rolling Rivers Trailer Demonstration, at a variety of Montana s trade meetings, conventions and fairs. o In addition, AMFM held its annual meeting on March 2-5, 2009 which had over 100 participants. The conference provided presentations, technical workshops, training sessions, exhibits and field tours. Continued training on legal issues is desired. ASFPM Assistance needed/asfpm focus/goals for the next year Levee issues and PAL agreements continue to be a significant issue on Map Mod projects. Additional training on how to deal with these issues would be helpful to the local and State staff. Legal assistance and advice would also significantly help the State and local floodplain managers. Other important needs, issues, or success from the State o The state has currently secured funds to produce a Montana Guide for Floodplain Administrators for all 130 communities and to conduct CEC classes and Webcasts for Attorneys and Judges. o Also, the State has assisted three communities in obtaining state grants to conduct LiDar Mapping in conjunction with future Risk Mapping projects. o Legal issues and the inability of communities to enforce floodplain regulations due to continual law suits. Legal assistance to help strengthen the state and communities understanding of floodplain regulations. North Dakota Disaster status - North Dakota is plagued by repetitive federally declared flood events. Year 2009 is a record spring snowmelt flood year. These disasters are predominantly snowfall, snowmelt spring flood and rainfall events. There have been 30 presidentially declared disasters in the last 44 years ( ). Either ND is disaster prone or the federal criteria addressing disaster declaration has a low threshold. CAP-SSSE Update 10 new communities enrolled in the NFIP. There are now 302 communities enrolled in the NFIP for ND. Old issue of temporary dikes constructed in the regulatory floodway during a flood fight. When it s dry no fill allowed in the regulatory floodway, when it s flooding it s done by the NFIP community itself during flood fight/protection measures. This is a significant flaw in the regulatory floodway concept within the practice of floodplain management. Mitigation Issues & Successes None noted. Map MOD Status; Risk MAP needs - A lengthy unmet needs list has been prepared and submitted to FEMA for consideration of future projects. Risk Map, through the NFIP will enable ND to perform limited re-studies on some of its outdated flood hazards. In following is a brief summary of ongoing Map Mod work in the past year: 4 effective county-wide maps, 2 preliminary county-wide maps issued, 2 maps in post-preliminary status, 13 active county-wide DFIRM projects, and 3 active partial county-wide DFIRM updates. CTP progress - ND has been a CTP with FEMA since 2004 and remains in good standing. CFM numbers and accomplishments - The ND Mapping Coordinator received CFM certification in 2008 through an open exam held under supervision of the ND state NFIP Coordinator. Training courses offered and needed - Floodplain management/nfip/risk Map training held via WebEx would be valuable to current CFMs who are unable to obtain credits by attending annual conventions. ASFPM Assistance needed/asfpm focus/goals for the next year - None, other than to use its national presence to attempt to keep the NFIP solvent and - from a floodplain management perspective - workable. Otherwise, the NFIP will become just another federally based program drenched in red ink chasing escalating problems it can t possibly resolve. Other important needs, issues, or success from the State - ND did have a state budget surplus in , which was fortunate. The state usually lags the national recession both in onset and recovery. South Dakota Disaster status There has been some flooding along the James River. Some structures were inundated by water and residents were temporarily relocated (under 25 structures). It is anticipated that the flood levels will remain constant over the next 3 months unless a large rainstorm affects the area. In anticipation of flows coming from North Dakota, the state has been using the Corps of Engineers hydraulic modeling to determine potential extents of flooding. CAP-SSSE Update The State has addressed a few compliance issues and has been working with Mary Jo Brady at FEMA. In the City of Tea there are 3 or 4 homes that are non-compliant. A developer previously brought in fill to BFE, but then afterwards put basements into the fill. As a result, there are brand new homes 6 feet under the BFE. The community itself had a regulatory floodplain, but the community complained in 1976 Regional Director Report Region VIII 3

4 and FEMA retracted the floodplain. There is a need to do a detailed study delineating the floodplain and recreating a map through the City. The City is working towards doing a detailed study. Mitigation Issues & Successes Cindy Maszk, with the State, has been doing numerous mitigation projects primarily composed of culvert improvements and some limited channel restoration. Map MOD Status; Risk MAP needs: o 18 county-wide DFIRM projects are currently in progress; one went effective in April, one goes effective in June one in July, four in September, and one in November. Three counties went prelim in April. Three are scheduled to go prelim in June, and one in September. 11 counties are Effective. Most of the projects are simple conversions. The James River Valley study from the Corps of Engineers has been, or is, being incorporated into the DFIRM projects (7 counties). o The State is currently trying to track down a study from the Corps of Engineers for the Missouri River, but to date no data can be found. o The State provided an assessment and wish list needs to FEMA. As part of the list need development, the State sent out a form to all of the counties. The State now has a comprehensive list of wants, wishes and needs. Each item in the list has a brief description, cost and prioritization. o The State is looking to provide DFIRMs in counties that currently have no Maps. There are presently 5 Counties that aren t mapped at all. The State plans on discussing this with each of the communities over the next year. o High priority needs include the City of Wagner in Charles Mix County. CTP progress South Dakota continues as a CTP in Region VIII. For FY09, the State received MMMS money, but at about half the value of previous years. Much of the MMMS work is done by a private contractor. CFM numbers and accomplishments A CFM exam is scheduled for the15th of July as well as a CFM refresher course. The State is coordinating with ASFPM for the training. Training courses offered and needed The State would like to offer the FP101 course in the next year as materials become available. As the state is relatively rural, turnover of local floodplain managers is very high and current managers wear several hats. As a result, there is just too much information for local managers to absorb. It is thought that the training course will help identify the high level issues which will prompt local administrators to get the State involved early on when a floodplain issue arises. ASFPM Assistance needed/asfpm focus/goals for the next year Assistance with training classes have been requested. Providing training for local floodplain managers is critical to ongoing floodplain management success. South Dakota has also mentioned possibly organizing an ASFPM chapter. It would be helpful if ASFPM can provide a list of benefits in joining ASFPM as a chapter. Other important needs, issues, or success from the State None. Utah Disaster status Utah had no disasters this year. CAP-SSSE Update Marriott-Slatersville, River Heights, Cottonwood, Springdale have joined the NFIP. Tremonton City is in the process of joining the NFIP. Mitigation Issues & Successes Price, Utah completed a FMA mitigation project that significant reduced the floodplain in Price. This upcoming year several more cities are planning flood mitigation projects. Map MOD Status; Risk MAP needs Utah has submitted a list of unmet needs for Risk MAP to FEMA. CTP progress - DFIRMS for Washington County, Moab City maps were adopted this April. A partial Salt Lake County map is on schedule to be adopted. Because of a few unresolved issues in Salt Lake County the rest of the Salt Lake County DFIRM will be adopted at a later date. Tooele, Box Elder, Carbon, Iron, Wasatch, Uintah and Sanpete counties in the process of being completed. Utah County, and Cache County are also in process; however, there issues that may delay progress. CFM numbers and accomplishments - Utah has been constantly increasing the number of CFMs. To date Utah has 19 CFMs. The State of Utah will offer the CFM exam in November. We expect the number of CFMs to continually increase. Several floodplain administrators are currently preparing for the exam. *Training courses offered and needed The following training courses were offered in the past year: o The Utah Floodplain and Stormwater Managers Association (UFSMA) held its 12th Annual Conference in St. George, UT from November 20 to 21, Many topics were presented that specifically addressed Utah floodplain management issues and developments. The CFM exam was also administered at the conference. o Utah provides training, workshops, specialized visits, community outreach meetings, and city council visits to NFIP participating communities. Utah continues to train and provide NFIP 101 courses to new floodplain administrators, and others. Additionally Utah is working with communities to increase CRS participation. Regional Director Report Region VIII 4

5 o Utah has conducted NFIP 101 to new floodplain administrators, matriculated floodplain administrators into EMI 273, and provided Natural Hazard Conferences and trainings. Additionally, Utah has held Public Officials Conferences, Hazard Mitigation Assistance Training, and training to the Utah League of Cities and Counties. ASFPM Assistance needed/asfpm focus/goals for the next year - Community Compliance with the NFIP is a growing issue within the NFIP. Outreach to communities adopting new floodplain maps would be greatly appreciated and welcomed. Other important needs, issues, or success from the State o Map adoptions have been a significant issue this past year for Utah. This year Washington County's maps were successfully adopted. Several setbacks from a variety of issues have delayed map adoption other counties. The State of Utah, FEMA, and the communities are working to update and adopt other mapping projects. o Another issues Utah is working to resolve is to provide communities with digital copies of maps--before the maps are adopted. Several communities in Washington County did not receive printed or digitized maps in adequate time before the maps were to go final. Because of the delay in communities receiving maps specialized visits, constant communication, and excessive outreach was required. Communities felt that they were being rushed to adopt their ordinances without proper time to examine their maps. Although all ordinances were adopted before the effective date, the delay in maps created o This past year several communities allowed development within the floodplain without submitting LOMRs. Through personal visits to the communities Utah has provided specialized assistance to communities to comply with their Flood ordinance, update FEMA floodplain maps, and better regulate their floodplain development process. o Decertification of levees will become a greater issue as Floodplain maps are modernized. The cost of improving and certifying levees is significant. Many cities lack the funds to conduct necessary levee improvements. Levees continue to be problematic for communities, property owners, and others. More discussion, and additional problem solving is needed and requested to address levee issues. Wyoming Disaster status No Federal disasters in Wyoming for this year. CAP-SSSE Update No new communities and no significant issues at this time. Mitigation Issues & Successes City of Cheyenne has completed one PDM project, with another underway, and one large FMA project underway which will significantly improve floodplain management and protect citizens and property. Map MOD Status; Risk MAP needs - Wyoming continues to participate in FEMA managed projects (the State is a limited CTP participant). CTP progress Limited participation at the State level. CFM numbers and accomplishments Nothing new to report. Training courses offered and needed - The Wyoming Annual Workshop in No new training requested at this time. ASFPM Assistance needed/asfpm focus/goals for the next year None. Other important needs, issues, or success from the State None. RECOMMENDATIONS AND GOALS Based on input from the NFIP Coordinators within the Region and various other floodplain management professionals, the following goals and recommendations are made for the next year: Work with ASFPM and local floodplain officials to provide Floodplain Management 101 training to aid local officials in understanding floodplain regulation and their application. Provide outreach assistance, as practicable, to State NFIP coordinators. Work with ASFPM to develop and/or provide training to local floodplain officials regarding levees and PAL certifications and agreements. Discuss ability for ASFPM to provide legal assistance and advice to State and local floodplain managers. Distribute relevant and important information regarding floodplain management and regulatory changes to State floodplain managers. Promote ASFPM membership and update Region VIII members on the activities of ASFPM. Attend, when invited and when possible, the NFIP coordinators meetings for the region. Regional Director Report Region VIII 5

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