State Agency Compliance: Who is responsible for map revisions: State agencies or the locals? Association of State Floodplain Managers Annual Conference June 4, 2015
Katie Lipiecki Senior Mitigation Planning Specialist Floodplain Management & Insurance Branch FEMA Region III Kathryn.Lipiecki@fema.dhs.gov Bob Pierson Project Monitor Risk Analysis Branch FEMA Region III Robert.Pierson@fema.dhs.gov 2
Refined Understanding of LOMCs The regulations present challenges to ensuring accurate reflection of risk on the Flood Insurance Rate Maps 1. Who is responsible for map updates when there are changes to the floodplain? 2. What are the ramifications when Letters of Map Change are not processed? 3. What tools can we provide to enhance coordination with State agencies to reflect changes resulting from development on the FIRMs? 3
Impetus of Coordination 1. Local municipalities questioning state agency compliance requirements 2. Dam removals discovered during remapping 3. PennDOT updating state design guidance (Publication 13M) and asked for input 4. PennDOT undertaking a 558 statewide bridge replacement project Photo credit: Lehigh Valley Live (Express-Times File Photo) http://www.lehighvalleylive.com 4
Rapid Bridge Replacement Project FEMA Photo Library, Davidson Township, PA Pressure for rapid coordination between FEMA and the State Nearly 4,200 Structurally Deficient bridges in PA Project goal to expedite replacement of 558 bridges within a few years Potentially hundreds of projects and millions of dollars to proceed without compliance Goal: avoid a lost opportunity to coordinate 5
PA Challenges: Commonwealth Size Government structure Commonwealth No unincorporated land 2562 municipalities with land use authority 2467 municipalities participating in NFIP 67 counties with varying degrees of capacity PA has over 37,000 stream miles - among the highest in the county 6
State Agency Structure in PA Department of Environmental Protection (DEP) Agency overseeing State NFIP compliance, among other things Department Community and Economic Affairs (DCED) NFIP Coordinating Agency Department of Transportation (PennDOT) Conducts bridge, culvert, road construction and maintenance 7
PA Challenges: Agency Structure Size of Pennsylvania results in need for regional offices Different State Agencies have different regional boundaries PA DEP 6 Regions with 25 Offices PennDOT 12 Regions Image credit: www.depweb.state.pa.us Image credit: www.dot.state.pa.us 8
States are NFIP Communities States are participating communities Must adopt adequate floodplain management regulations OR Comply with the floodplain management requirements of all local communities participating in the NFIP PA implementing regulations Executive Order 1978-4 Department of Environmental Protection (DEP) as responsible agency for overseeing compliance FEMA Photo Library, Upper Makefield, PA 9
Responsibly for Map Updates? States agencies must comply with the minimum requirements if exercising exclusive jurisdiction over certain activities Locals not always sure what activities the State has jurisdiction over Ultimately the responsibility falls to communities State or local when the activity meets the threshold to require LOMC 10 FEMA Photo Library, Forkston, PA
Challenges to Updating Maps FEMA/communities want the FIS/FIRMs to be accurate Maps shouldn t be static ideally should reflect changes to boundaries and water surface elevations Not all development that changes effective conditions is reflected FEMA Photo Library, Davidson Township, PA FEMA Photo Library, Upper Makefield Township, PA 11
Requirement to Submit New Data 44 CFR 65.3 - A community s base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, a community shall notify the Administrator of the changes by submitting technical or scientific data 12
Letters of Map Change (LOMCs) Letters of Map Change (LOMCs) umbrella term for documents that either revise or amend the Flood Insurance Rate Map (FIRM) LOMCs can relieve property owners of floodplain ordinance and flood insurance requirements Conditional Letters of Map Revision (CLOMRs) FEMA s comment on a proposed change Letters of Map Revision (LOMRs) physically revise the FIRM 13
Submission of CLOMRs / LOMRs Conditional Letters of Map Revision (CLOMRs) When proposing to increase water surface elevation: Greater than one foot in flood fringe (AE Zone without floodway) (60.3(c)(13)) Greater than 0.00 feet in Floodway (AE Zone with floodway) (60.3(d)(4)) May be requested at any time Fee for review Letters of Map Revision (LOMRs) Submitted following a CLOMR 44 CFR Part 65.3 May be submitted when a community has data they would like to see incorporated on the FIRM Fee for review 14
Implications of Not Updating FIRMs What happens when a LOMR is not submitted? Inaccurate maps misrepresentation includes over- or underrepresentation of risk Reduced credibility of mapping products Structures insured at high-risk rates unnecessarily New project scoping without appropriate prioritization 15
Permitting Challenges Permitting officials may know the maps are inaccurate due to development in the floodplain Required to permit according to current effective FIS/FIRM 16
Higher Standards Are Encouraged! States can adopt higher standards: Plan for fees associated with LOMCs in overall project cost Submit CLOMRs an LOMRs when 65.3 is not triggered Remember, reductions in elevations/sfha boundaries doesn t help insurance rates until reflected on the FIRM Adopt higher regulatory standards in NFIP regulations as local communities do Communities can take action with the data: Regulate to best available data Proactively pay to update the FIRMs when impact is great Engagement of local or State champions may be necessary 17
Summary 1. Who is responsible for map updates when there are changes to the floodplain? Communities are responsible for submitting LOMCs when development triggers 65.3 CLOMR increase exceeding one foot (AE Zone) or 0.00 (floodway) LOMR following a CLOMR 2. What are the ramifications when Letters of Map Change are not processed? Map accuracy, unknown risk, floodplain management, 3. What tools can we provide to enhance coordination with State agencies to reflect changes resulting from development on the FIRMs? Let s move on to the next slide 18
Can Other Successes Be Replicated? FEMA RIII has negotiated with other DOTs in Region III to ensure communities obtain new data Improved transparency and coordination Virginia letters sent to communities outlining scope of project and next steps Maryland all floodway development permitted by the State and digital data is reflected on State website 19
Tools to Enhance Coordination Goal: insure accurate reflection of risk on the FIRM and facilitate data sharing to fully understand risk within an altered floodplain Coordination between FEMA and State agencies: PennDOT to coordinate with FEMA prior to new projects that trigger 65.3 regulations Biannual informal data exchange via Coordinated Needs Management System (CNMS) FEMA to review State floodplain regulations for compliance Coordination between State agencies and local municipalities: State agencies to send H&H to community Encourage locals to submit for LOMR 20
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Questions? Katie Lipiecki Kathryn.Lipiecki@fema.dhs.gov Bob Pierson Robert.Pierson@fema.dhs.gov 22
FEMA Photo Library, Upper Makefield, PA 23
FEMA Photo Library, Pinetown Covered Bridge, Lancaster County, PA 24