Floodplain Management 101. Mississippi Emergency Management Agency Floodplain Management Bureau

Transcription

1 Floodplain Management 101 Mississippi Emergency Management Agency Floodplain Management Bureau

2 Stafford Act The Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) (Public Law ) is a federal law designed to bring an orderly and systemic means of federal natural disaster assistance for state and local governments in carrying out their responsibilities to aid citizens. The Stafford Act is a 1988 amended version of the Disaster Relief Act of 1974 (Public Law ). It created the system in place today by which a Presidential Disaster Declaration of an emergency triggers financial and physical assistance through the Federal Emergency Management Agency (FEMA). The Act gives FEMA the responsibility for coordinating government wide relief efforts. The Federal Response Plan it implements includes the contributions of 28 federal agencies and non- governmental organizations. In October 2000, Congress amended it again by passing the Disaster Mitigation Act of 2000 (Public Law ).

3 National Flood Insurance Program (NFIP) Provides insurance to individuals living or owning businesses in flood-prone areas Controls development of these areas so that future flood losses will be avoided

4 NFIP (Continued) Accelerate recovery from floods Mitigate future flood losses Reduce the personal and national costs of flooding

5 How the NFIP Works Partnership among local, State, and Federal government Partnership with insurance industry Mapping identified flood hazard areas Minimum Federal floodplain management regulations Flood insurance

6 NFIP Partnership Local State Federal Industry Adopt and enforce minimum Federal regulations for floodplain management. Oversight, State-level NFIP coordination, and community assistance. Funding/coordination for flood maps Federally-backed flood insurance Technical assistance Sell flood insurance in addition to its other insurance products

7 NFIP Definition of Community Any State or area or political subdivision thereof Or any Indian Tribe or authorized Tribal organization Or Alaska Native village or authorized native organization which has the authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction

8 A Floodplain Is: River or stream channel up to natural banks; Low-lying area along a river, stream, or coast subject to flooding; Area along a river, stream, or coast subject to flooding by the 1% chance flood, and; Area along a river, stream, or coast that is developed and subject to flooding.

9 Floodplain Acres Estimates FEMA Estimate of Floodplain Acres 1. Texas 10,775, Louisiana 7,795, Florida 6,421, Arkansas 5,891, Mississippi 5,259, California 4,372, North Carolina 3,369, Alabama 3,351, Missouri 3,291, South Carolina 2,518,550

10 What is the SFHA? ZONE X ZONE AE ZONE X What is the term that refers to the area which is expected to be covered with flood water in the Base Flood event? ANSWER: Special Flood Hazard Area (SFHA) (darkly shaded area on a Flood Hazard Boundary Map or FIRM)

11 Special Flood Hazard Area (SFHA) Land in any floodplain that is subject to 1% or greater chance of being flooded in any given year (Base Flood)

12 Base Flood & Base Flood Elevation Base Flood: A flood that has a 1% chance of being equaled or exceeded in any given year Base Flood Elevation (BFE): the elevation that the base flood is expected to reach

13 The Four-Legged Stool The NFIP more than insurance The NFIP is a voluntary Federal program enabling property owners in participating communities to purchase insurance against flood losses in exchange for adopting and enforcing regulations that reduce future flood damages. A participating community s floodplain management regulations, must meet or exceed the NFIP minimum requirements. Insurance NFIP Flood Insurance Rate Maps Mitigation Grants Building codes, regulations & CRS

14 Authorities Authorities Governing Flood Insurance and Floodplain Management Granted by State statutes. Usually part of zoning authorities, but can also be part of building code. Designed to address public health, safety, and welfare of citizens.

15 Floodplain Management Authorities Pre-1940: Flood control structures (dams, dikes, levees) 1942: Human Adjustment to Floods 1965: Water Resources Planning Act 1966: House Document (HD) 465: Unified National Program for Managing Flood Losses 1968: National Flood Insurance Act of 1968 (Established the NFIP) 1973 Flood Disaster Protection Act Established requirements for mandatory purchase of flood insurance for federally backed mortgage loans. Required NFIP participation to receive some types of disaster assistance Disaster Relief Act Created system of a Presidential Disaster Declaration 1977 Executive Orders Floodplain Management Wetlands Protection

16 Floodplain Management Authorities Coastal Barrier Resources Act Cost sharing for Federal projects Stafford Act Midwest floods, $12-16 billion Flood Insurance Reform Act Disaster Mitigation Act of Flood Insurance Reform Act Hurricane Katrina, $140 billion Flood Insurance Reform Act Hurricane Sandy, $60 billion 2014 Homeowner Flood Insurance Affordability Act

17 Homeowner Flood Insurance Affordability Act of 2014 Delayed implementation of flood insurance rate increases; Affordability study and report to be complete within two years; Affordability study funding; Funds to reimburse homeowners for successful map appeals; Flood protection systems (AR and A99 zones); Treatment of floodproofed residential basements, and; Designation of Flood Insurance Advocate within FEMA.

18 Floodplain Management Regulations Federal codification of legislation guiding State, Federal, and local floodplain management process Policies and procedures for Federal floodplain management 44 CFR Parts 59 to CFR Part 9

19 Regulation Staircase

20 Executive Orders & EO 11988: Floodplain Management Avoid adverse impacts and development EO 11990: Protection of Wetlands Minimize destruction and preserve natural and beneficial value

21 Coastal Barrier Resource Act Discourage development in Coastal Barrier and Otherwise Protected Areas Federally-backed insurance is not available on construction started after area is identified as a CBRA zone

22 Sanctioned Communities Communities that choose not to join the NFIP or do not fulfill their obligations: Residents are denied NFIP flood insurance Federal agencies are prohibited from approving financial assistance for acquisition or construction in SFHA

23 Sanctioned Communities Probation!! $50 surcharge per policy!! Help offset future claims!! Apply pressure to comply or face suspension!! No new policies or renewals!! No Federally related financing!! No Federal financial assistance or aid

24 National Flood Insurance Program Mapping Floodplain Management Flood Insurance

25 Mapping Mapping Floodplain Management Flood Insurance

26 Flood Map Users Mapping

27 Mapping What groups are likely to use flood maps, and for what purpose? Citizens Insurance agents and realtors Local permit officials Urban planners Emergency managers Federal agencies Federally insured or regulated lenders 7-27

28 Mapping Flood Insurance Rate Maps (FIRMs) FEMA identifies flood risk for communities on maps known as Flood Insurance Rate Maps (FIRMs)

29 FIRM Panel Information Mapping

30 Mapping DFIRM Legend Older FIRM Legend 7-30

31 Mapping Flood Insurance Risk Zones SFHA Floodway Cross Sections Zone A Zone AE Zone V Zone VE Shaded X Zone X

32 Flood Insurance Study (FIS) Mapping

33 Flood Insurance Study (FIS) Mapping

34 ELEVATION (FEET NGVD) SUTTER BLVD BRIDGE MONTEREY AVE BRIDGE Mapping Flood Profile Example YEAR FLOOD 500-YEAR FLOOD YEAR FLOOD YEAR FLOOD STREAM BED A B C D E STREAM DISTANCE IN FEET ABOVE CONFLUENCE WITH LAKE HIGHTOWER

35 Mapping FLOODWAY SCHEMATIC 100 YEAR FLOODPLAIN FLOODWAY FRINGE FLOODWAY SURCHARGE FLOODWAY + FLOODWAY FRINGE = 100 YEAR FLOODPLAIN SURCHARGE NOT TO EXCEED 1.0 FEET

36 Mapping What could cause flood risk to change over time? Land development Natural changes

37 Mapping Letter of Map Change LOMA A letter from FEMA stating that an existing structure or parcel of land that has not been elevated by fill (natural grade) would not be inundated by the base flood. CLOMA A letter from FEMA stating that a proposed structure that is not to be elevated by fill (natural grade) would not be inundated by the base flood if built as proposed. LOMR-F A letter from FEMA stating that an existing structure or parcel of land that has been elevated by fill would not be inundated by the base flood. CLOMR-F A letter from FEMA stating that a parcel of land or proposed structure that will be elevated by fill would not be inundated by the base flood if fill is placed on the parcel as proposed or the structure is built as proposed.

38 Mapping National Flood Mapping Program Law authorized by Congress in 2012 as part of the Biggert-Waters NFIP Reform Act Requires FEMA to review, update, maintain, and publish: Populated areas and areas of population growth in 100-year and 500-year floodplains Areas of residual risk including areas protected by or impacted by the failure of levees, dams, and other flood control structures The level of protection of such structures

39 Floodplain Management Mapping Floodplain Management Flood Insurance

40 Floodplain Management Community Joining the NFIP Adopt and enforce Flood Damage prevention Ordinance Appoint a Floodplain Administrator; Utilize a floodplain development permit process; Collect design certifications & elevations; Maintain records; Conduct field inspections; Monitor status of FIRM, and; Notify FEMA of alterations or relocation of a stream.

41 Floodplain Management Roles & Responsibilities of Local Officials Review & evaluate permit applications and determine whether proposed development will take place in the SFHA; Interpret floodplain boundaries and provide BFE data, if available; Review plans and specifications; Advise applicants of any other approvals if necessary;

42 Floodplain Management Roles & Responsibilities of Local Officials Require applicants to notify others if changing watercourses; Notify FEMA of changes in corporate limits; Issue or deny floodplain development permits; Inspect, inspect, inspect; Maintain Elevation Certificates; Maintain records;

43 Floodplain Management Roles & Responsibilities of Local Officials Investigate violations and take corrective action; Advise elected officials and the public on FPM; and, Counsel applicants and Variance Board concerning variance criteria.

44 Floodplain Management Roles & Responsibilities of State & Federal Federal: National program oversight. Risk identification (mapping). Establish development / building standards. Provide affordable insurance coverage. State: State program oversight, along with ordinance review. Establish development / building standards. Provide technical assistance to local communities and agencies. Evaluate and document floodplain management activities

45 Floodplain Management Structures built before the community joined the NFIP and before the community was mapped Grandfathering agreement Built prior to 12/31/1974 or Built before initial FIRM date

46 Post-FIRM Structures Floodplain Management Post-FIRM construction means construction or substantial improvement that started on or after the effective date of the initial FIRM of the community or after December 31, 1974, whichever is later.

47 Floodplain Management Substantial Improvement/Damage Substantial Improvement Improvement that costs equal or greater than half of the market value of a structure prior to improvement Substantial Damage Damage from any source for which the cost of repair is equal to or greater than half of the market value of the structure prior to loss

48 Floodplain Management Repetitive Loss Structures Repetitive Loss At least 4 NFIP claim payments over $1,000 each Within any 10-year period, at least two NFIP claim payments totaling more than value of property

49 Floodplain Management Elevation of Residential Structures Lowest Floor, Zones A1-30 and AE Lowest Floor At or below BFE

50 Floodplain Management Elevated Home on Perimeter Walls

51 Floodplain Management What are the allowable uses for the space under the house? Parking Building Access Storage

52 Floodplain Management Elevation of Structures in V Zones Reference Level

53 Floodplain Management Elevation of Manufactured Homes

54 Floodplain Management Properly Elevated Manufactured Home Lower levels not in basement may be used for: Parking Building access Limited storage (e.g., lawn mowers, garden tools)

55 Floodplain Management Mitigation Grant Programs Before a disaster: Pre-Disaster Mitigation (PDM- C) Flood Mitigation Assistance (FMA) Following a declared disaster: Hazard Mitigation Grant Program (HMGP) Increased Cost of Compliance (ICC) Small Business Administration (SBA) Community Development Block Grant (CDBG)

56 Flood Insurance Mapping Floodplain Management Flood Insurance

57 NFIP Definition of Flood A general and temporary condition of partial or complete inundation of two or more acres of normally dry land area or of two or more properties (at least one of which is the policyholder's property) from: Overflow of inland or tidal waters; or Unusual and rapid accumulation or runoff of surface waters from any source; or Mudflow; or Flood Insurance Collapse or subsidence of land along the shore of a lake or similar body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels that result in a flood as defined above

58 Flood Insurance Who Must Purchase Flood Insurance Buyer must purchase flood insurance to receive a mortgage from a Federallyinsured lender on a structure located in a Special Flood Hazard Area (SFHA)

59 Flood Insurance How Cost of Flood Insurance Can Change BFE 10 NGVD Lowest Floor-5 NGVD Pre FIRM Structure Pre-FIRM Premium A Zone $655 V Zone $918 (Includes all fees & ICC)

60 Flood Insurance How Cost of Flood Insurance Can Change BFE 10 NGVD Lowest Floor-5 NGVD Structure Repaired Not Elevated Post-FIRM Re-rating Actuarial Premium = A Zone $4,140 V Zone $8,205 (includes all fees & ICC)

61 Flood Insurance How Cost of Flood Insurance Can Change BFE 10 NGVD Lowest Floor-10 NGVD Elevated to BFE Post FIRM Re-rating Actuarial Premium= A Zone $431 V Zone $1,136 (Includes all fees & ICC)

62 Flood Insurance How Cost of Flood Insurance Can Change Lowest Floor-12 NGVD BFE 10 NGVD Elevated 2 ft. above BFE Post FIRM Re-rating Actuarial Premium= A Zone $236 V Zone $815 (Includes all fees & ICC)

63 Flood Insurance Waiting Period 30-day waiting period between purchase of flood insurance and coverage Exceptions include: New purchase Mandatory purchase Map revision

64 Flood Insurance Limits of Coverage Single Family Building Contents Emergency (Flood Hazard Not Identified) $35,000 $10,000 Regular (Flood Hazard Identified) $250,000 $100,000 Other Residential Building $100,000 $250,000 Non-Residential Building Contents $100,000 $100,000 $500,000 $500,000

65 Increased Cost of Compliance (ICC) Flood Insurance To qualify for ICC claim, building must be: Damaged by flood Insured by NFIP Substantially or repetitively damaged Located in SFHA

66 Flood Insurance NFIP Does Not Cover Basement improvements Basement personal belongings

67 Mississippi Emergency Management Agency Floodplain Management Bureau Questions? Floodplain 101