Floodplain Management in the Post Disaster Environment

Floodplain Management in the Post Disaster Environment
October 2011 FEMA Region III

Course Outline Background of the NFIP Mapping The Permitting Process
Your Floodplain Management Ordinance BREAK Substantial Damage/Improvement Higher Standards Insurance at a Glance Legal Concerns Post Disaster Outreach Long Term Recovery Summary of Roles and Responsibilities Change this slide

The Evolution of the NFIP
Flooding is the most common and MOST EXPENSIVE natural disaster. Throughout history, people have always settled in floodplains - why? What are some of the natural and beneficial functions of floodplains? places for living, industry, commerce, recreation, access to transportation, a water supply, water power, fertile soils, prime agricultural lands. Nowadays, people settle increasingly for the aesthetic and recreational value of these sites in addition to the above-mentioned reasons. The result has been an increasing level of damage and destruction wrought by the natural forces of flooding on human development. After several severe floods in the mid 20th century, Congress knew that it could not keep paying for flood damage and there had to be a way to offer low-cost flood insurance and encourage better development choices in areas of risk. NFIP created in 1968 and continues to evolve today. It is a VOLUNTARY program that offers low cost flood insurance to any resident in exchange for the community’s adoption and ENFORCEMENT of a floodplain ordinance. Over 18,000 communities participate.

Goals of the NFIP 1. Save lives and reduce flood damage to insurable property, 2. Offer low cost flood insurance 3. Encourage a comprehensive approach to floodplain management. These three goals are mirrored in the three legs of the Floodplain Management Stool: Know your risk (mapping , Flood Insurance Studies) Reduce Your Risk (through enforcing your floodplain ordinance and mitigation) Insure Your Risk (insure any remaining risk) Benefits ramifications of

Benefits of Flood Insurance
ANYONE in a NFIP participating community can buy flood insurance! Can you describe the differences between flood insurance and disaster assistance? You may be hearing various stories about citizens who were told they were not eligible to buy flood insurance in your community. This is not true and now they are finding out the serious consequences about not being insured for flood losses. Homeowners policies do not cover flood damage. Flood insurance is available for both building and contents and is required for any federally backed mortgage in the special flood hazard area. Coverage may be differ according to the mortgage company’s minimum requirements; some may require insurance for only the amount of the loan – others insist on the entire value of the structure. Renters can get insurance for contents also. How does flood insurance differ from disaster assistance? With Flood insurance: You are in control. Flood insurance claims are paid even if a disaster is not declared by the President. ■ Between 20 and 25 percent of all claims paid by the NFIP are outside of Special Flood Hazard Areas. ■ There is no payback requirement. ■ Flood insurance policies are continuous, and are not nonrenewed or cancelled for repeat losses. ■ Flood insurance reimburses you for all covered building losses up to $250,000 and $500,000 for businesses. Contents coverage is also available up to $100,000 for homeowners and $500,000 for businesses. ■ The average cost of a flood insurance policy is a little more than $500 annually. The cost of a preferred risk policy is less than $200 annually, depending on where you live. Disaster Assistance, on the other hand: ■ Most forms of federal disaster assistance require a Presidential declaration. ■ Federal disaster assistance declarations are not awarded in all flooding incidents. ■ The most typical form of disaster assistance is a loan that must berepaid with interest. ■ The duration of a Small Business Administration (SBA) disaster home loan could extend to 30 years. ■ The average Individuals and Households Program award for Presidential disaster declarations related to flooding in 2008 was less than $4,000. ■ Repayment on a $50,000 SBA disaster home loan is $240 a month or $2,880 annually at 4% interest. If anyone in your community has not yet filed for assistance they need to do so ASAP! The Disaster Recovery Centers (DRCs) are already starting to close and are the best place for residents to get information on various options. The Small Business Administration Loan is the gateway to multiple types of grants and loans; you can always refuse a loan but the SBA application opens up others avenues of funding as well. ROMEX Wiring- IS it covered?

Types of Flood Damage Hydrodynamic forces Hydrostatic forces
Debris impact Soaking Sediment and contaminants How many of these did you see in your community?

Mapping Show orthographic base map with topography.
Show different Zones. Show transects with BFEs. Explain how to compare existing maps and preliminary maps. Existing maps may be vector based (harder to identify where the structures are). You can compare google maps with the preliminaries to try and identify where a structure is and how it is affected by the new maps.

Flood Insurance Study - FIS
The FIS is packed with useful information – beyond what the map shows you. It has all the study information (what data went into the modeling), transects, profiles and background information on all the municipalities in the county-wide study. The maps will only have BFEs rounded off to the foot, the FIS will have the exact elevation down to the inch. When in doubt: use the FIS.

Mapping Where to look at preliminary maps:
Existing maps at FEMA Map Services Center: How to make a FIRMette: how_to_create_a_firmette.pdf Your residents may want to see the maps also. Keep a copy posted in a public place and share these links with the public (you can post on your website also).

Letters of Map Change LOMCs
Letter of Map Amendment (LOMA) Conditional Letter of Map Revision (CLOMR) Letter of Map Revision (LOMR) Letter of Map Revision Based on Fill (LOMR-F) Our maps are subject to scale issues and cannot depict one property that may be elevated higher than the BFE. Only way to be removed from the SFHA is through the LOMC process. Remember the LOMA may remove you from required insurance purchase, but if the line has only moved a few inches we still advise buying a low cost policy. CLOMR is important for larger projects to ensure that the impact on the SFHA will not cause adverse impact. Use your ordinance to encourage projects over a certain dollar value or acreage go through the CLOMR process and then follow up with a LOMR after completion. Otherwise the community is on the hook to submit the data (and pay!) for the changes that will affect the maps. If development such as bridge replacement (with higher spans and fewer piles) that would reduce the floodplain is not documented this way – we have no way of capturing the data for our maps. Changes to the floodplains are due to FEMA (per your ordinance) within 6 months of completion. - Insurance impacts!

Federal Minimum Requirements
Require permits Elevate residential & elevate/dry flood proof nonresidential structures Use flood resistant materials Elevate and anchor utilities Limit development in floodways Minimize/eliminate flood damage to public utilities/facilities Anchor all structures Contained in your ordinance and supporting 44 CFR Parts 59 and 60. REMEMBER – language must be clear and concise and definitions must be adequate & enforceable

What Is “Development” Modifications or improvements to structures, excavation, filling, paving, drilling, driving of piles, mining, dredging, land clearing, grading and the permanent storage of materials/equipment. ALSO covers replacement of utilities, including wiring, hot water heaters, HVAC, etc. Post Disaster this tool of floodplain management is key. How you allow people to rebuild is predicated on your ability to permit repairs and to ensure development meets your ordinance requirements. Explain what the Special Flood Hazard Area is. Why is this the area of risk identified?

Permitting Application form needs to include Federal minimums, State and your local ordinance requirements Get a site plan Does it have a floodplain determination? Review for completeness and compliance Post Disaster you can waive fees but not permitting requirements! Process (in peace time) usually involves someone approaching you with a sketch plan, asking for a copy of the regs and looking for assistance with a floodplain determination. How are you handling this post disaster? You may be having to catch people in the act; rely on contractors to help get the word out. Remind people that every dollar re-invested in violation of your ordinance is potentially a dollar that will be wasted and certainly doesn’t help reduce future risk. We all pay for this in tax payer supported disaster assistance and watching our communities suffer.

Permit Sample A good permitting system will take care of a lot of future problems.

Elevation to the BFE At a minimum you must elevate the lowest floor to the BFE Freeboard is a margin of safety above that NO BASEMENTS in the SFHA How do you establish BFEs in an un-numbered A zone? Elevate and anchor utilities too BFE’s are established assuming the unimpeded flow of water. In a flooding situation you may have debris causing blockages and your BFE’s may be much higher than expected. Also, your Flood Insurance Rate Maps are not going to be updated every year – so consider how your flooding situation has changed over the years and remember your citizens are building a structure that could be there 25, 50 or 100 years into the future. If you do not have BFEs established in you’re a zones (no detailed studies were done) you should refer to your ordinance again to see if it specifies how to get them. Most are pretty vague and include language such as “Obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State, or other source... so you will need to select from a variety of options; get advisory flood heights from new preliminary maps (if available), 2. contour extrapolation or 3) point on boundary (the simplest and easiest). Remember these can vary in accuracy so err on the conservative side!

Floodproofing Only for non-residential or historic structures
Must be certified by a registered architect or engineer Dry-floodproofing vs wet-floodproofing Utilities can be floodproofed too Floodproofing is a solution for structures that cannot be elevated (car repair garages, bus depots, historic structures – more on that later) Dry-floodproofing; flood doors, Wet floodproofing; water resistant materials, elevate utilities, possible to hose out with minimal damage.

Floodways Until a regulatory floodway is designated, no new construction, substantial improvements, or other development shall be permitted unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than 1.0 foot at any point within the community. Some of you may have higher standard language in your ordinance that PROHIBITS development in the floodway and that will make your job easy! It can also be a legal liability if its perceived as a “taking” (we will talk more about legal issues later). If you allow development in the floodway make sure that developers have H&H that proves NO RISE in the floodway. In an A zone, with no defined floodway – you can allow up to 1 foot rise. But remember this has cumulative ramifications; multiple developments that create rise will have a significant impact both upstream and downstream.

Openings Prevent hydrostatic flood forces from collapsing the foundation by allowing water pressure to equalize on either side of the wall. A minimum of 2 openings on 2 different walls with one square inch of surface for every square foot of enclosed space square feet = 150 inches. Bottom of openings must be located no higher than 1 foot above grade. Can be fitted with screens or louvers that allow the AUTOMATIC entry and exit of water. Engineered openings are acceptable with certification.

Fill in the Floodplain No fill shall be permitted unless it meets the requirements of your ordinance. All fill placed in the special flood hazard area shall meet or exceed the standards in your ordinance Fill shall be used only to the extent to which it does not adversely affect adjacent properties. Fill can be used to elevate a structure above the BFE; however you need to be sure that you do not adversely affect neighboring properties.

Manufactured Homes and Recreational Vehicles
Communities may elect to PROHIBIT manufactured homes in the SFHA. Examine your pre-existing structure language and floodplain ordinance for options to prevent replacing a substantially damaged manufactured home with a replacement one. Must be placed on a permanent foundation, at least 18 inches above BFE, properly anchored to resist flotation, collapse or lateral movement. Recreational Vehicles: on site less than 180 days, licensed and road-ready OR meet manufactured homes guidelines above. These are our most vulnerable housing types. Often located in areas of risk. Watch out for transient camp grounds (fishing camps etc) that become more and more permanent. NO DRY STACK BLOCKS! Permanently attached rigid skirts and/or perimeter wall skirts of brick or block shall have openings to prevent collapse and damage to supporting piers. The openings shall be designed to automatically equalize hydrostatic flood forces by allowing for entry and exit of floodwaters.

PA Suggested Provisions
Largely minimum requirements for NFIP & Act 166 Higher standards include: 1 ½ feet of freeboard Restrictions on hazardous material storage Regulated high risk land uses (including manufactured homes) 50 foot Setbacks/ Buffers Repetitive Loss Conservation/open space area Estimate BFE in Zone A Lower threshold for SD MODEL: These provisions are not "model" floodplain management regulations. With few exceptions, they have been prepared only with the intention of meeting the minimum requirements of Section 60.3 (d) of the National Flood Insurance Program and the Pennsylvania Flood Plain Management Act. They do not contain everything necessary or desirable for good floodplain management. For any municipality that may be interested, considerably more could be done concerning the regulation of development in flood prone areas. HAZARDOUS MATERIALS: Any new or substantially improved structure which: will be used for the production or storage of any of the following dangerous materials or substances; or, will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises; or, will involve the production, storage, or use of any amount of radioactive substances. The following are considered dangerous to human health: 1.Acetone, 2.Ammonia, 3.Benzene, 4.Calcium carbide, 5.Carbon disulfide, 6.Celluloid Chlorine, 8. Hydrochloric acid, 9. Hydrocyanic acid, 10. Magnesium, 11. Nitric acid and oxides of nitrogen, 12. Petroleum products (gasoline, fuel oil, etc.), 13. Phosphorus, 14. Potassium, 15. Sodium, 16. Sulphur and sulphur products, 17. Pesticides (including insecticides, fungicides, and rodenticides), 18. Radioactive substances, insofar as such substances are not otherwise regulated HIGH RISK LAND USES: Special Permits for the following types of development: Hospitals, Nursing Homes, Jails & Prisons, New Manufactured Home Park or Substantial Improvement to existing MHP REPETITIVE LOSS: TALK ABOUT ICC & Repetitive loss – flood related damages sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25 percent of the market value of the structure before the damages occurred. Include this definition when optional provisions for repetitive loss (Sections 3.03 C and 7.02 G) are used. OPTIONAL: In the case of existing structures, prior to the issuance of any Development/Permit, the Floodplain Administrator shall review the history of repairs to the subject building, so that any repetitive loss issues can be addressed before the permit is issued. OPTIONAL: Any modification, alteration, reconstruction, or improvement of any kind that meets the definition of “repetitive loss” shall be undertaken only in full compliance with the provisions of this ordinance "Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an extent or amount of less than fifty (50) percent of its market value, shall be elevated and/or floodproofed to the greatest extent possible."

Community Identified Flood Areas
The __(Community)___ may identify and regulate new local flood hazard or ponding areas. These areas may be delineated on a “Local Flood Hazard Map” using best available topographic data and locally derived information such as flood of record, historic high water marks or approximate study methodologies. Locally identified hazard areas are those areas not on your FIRM (usually because of scale issues <1 square mile drainage) that you want to be able to regulate to higher standards because of flooding risk. You can add to your FIRM but must also adopt as you do your ordinance. This is your only LEGAL VEHICLE to regulate areas that are subject to flooding but are outside the SFHA or the X zone (500 year) if that is also regulated in your ordinance. Remember – you as community officials know these areas and are responsible for protecting the health safety and welfare of your citizens.

Subdivision Restrictions
Lower threshold for BFE determination from 50 lots and 5 acres Require each lot to have a portion of land outside the SFHA Zone A 280 275 Subdivision of land in the floodplain area must result in lots that include a buildable portion outside of the identified flood hazard area and be served by streets within the proposed subdivision having surfaces not lower than 1 foot below the elevation of the line defining the floodplain limits. All new structures must be sited on the portion of the subdivided lot that is located outside of the identified flood hazard area.

Non Conversion Agreements
A Non Conversion Agreement shall be signed by the applicant whenever the community determines that the area below the first floor could be converted to a non-conforming use (generally applies to enclosed areas below base flood elevation that are 5 ft. high or more). Post disaster – this is when you find out about finished basements and other vulnerable places that should not have been made into habitable space. Allows access post construction to confirm compliance. This agreement shall state: (i) The area below Base Flood Elevation shall not be converted for use other than for parking, building access or for allowable storage as detailed in this ordinance. (ii) The applicant agrees to notify prospective buyers of the existence of the non-conversion agreement. It shall be the responsibility of the applicant to transfer the agreement at closing to the new owner via notarized signature, a copy of all new agreements shall be provided to the Floodplain Administrator. Failure to transfer the agreement and provide a signed copy to the Floodplain Administrator shall subject the violator to the penalties set forth in Section 8.3 of this ordinance.

Historic Structures Communities have the option of using either provision (exclusion from substantial damage/improvement definition OR variance) for addressing the unique needs of “historic structures.” Relying on the variance option gives a community more control over which floodplain safety methods are incorporated into the design. Frankstown, PA, 11/15/00 -- Three elevated homes belonging to the Boyettes, the Millers, and the Hammels.Photo by: Liz Roll/FEMA News Photo Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined above, must comply with all ordinance requirements that do not preclude its continued designation as a historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure. Communities should adopt only one option to address “historic structures.” Some communities have chosen to adopt an ordinance that requires variances for improvements or repairs to “historic structures” and do not exclude such improvements from the substantial improvement definition in their ordinance. Other communities include the “historic structures” exemption as part of their “substantial improvement” definition. In either case, “historic structures” can be excluded from the NFIP elevation and floodproofing requirements. Whether a community exempts a “historic structure” under the substantial improvement definition or through the variance process, the exemption of the “historic structure” from the NFIP floodplain management requirements should be documented and maintained in the community permit files. However, if plans to substantially improve a “historic structure” or repair a substantially damaged “historic structure” would result in loss of its designation as an “historic structure”, the structure no longer qualifies for the exemption and would be required to meet the NFIP floodplain management regulations (44 CFR §60.3). This determination needs to be made in advance of issuing a permit. This provides an incentive to the property owner to maintain the structure’s historic designation rather than altering the structure in such a way that it loses its designation as a “historic structure”. Even if a “historic structure” is exempted from the substantial improvement and substantial damage requirements, consideration should be given to mitigation measures that can reduce the impacts of future flooding. There are mitigation measures that can reduce flood damages to historic structures without affecting the structure’s historic designation. See the section on Minimizing the Impacts of Flooding on Historic Structures. Historic buildings may also be subject to the local building codes. Many States and communities use the International Codes as the basis for their buildings codes. The International Codes contain provisions for addressing historic buildings in a manner consistent with the NFIP.

Verification of Compliance
As Built Elevation Certificates CLOMR/LOMR Certificate of Occupancy compared to Certificate of Compliance Permanent Utility Connection In areas of flood hazard it shall be unlawful to occupy, or to permit the use or occupancy, of any building or premises, or both, or part thereof hereafter created, erected, installed, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the Local Floodplain Administrator stating that the building or land conforms to the requirements of this local law. Occupying or using a building or premises in violation of this section shall subject the violator to the penalties described in Section 8.3 of this local law. In areas of flood hazard it shall be unlawful to inspect and approve a permanent utility connection to any building or premises, or both, or part thereof hereafter created, erected, installed or rebuilt until the inspector is in possession of a copy of the certificate of compliance issued by the Local Floodplain Administrator stating that the particular development being inspected conforms to the requirements of this local law. Inspection and approval of utilities in violation of this section shall subject the violator to the penalties described in Section 8.3 of this local law. In areas of flood hazard it shall be unlawful to install a permanent utility connection to any building or premises, or both, or part thereof hereafter created, erected, installed or rebuilt until a certificate of compliance has been issued by the Local Floodplain Administrator stating that the development conforms to the requirements of this local law. Installation of utilities in violation of this section shall subject the violator to the penalties described in Section 8.3 of this local law. A certificate of compliance shall be issued by the Local Administrator upon satisfactory completion of all development in areas of special flood hazard. Issuance of the certificate shall be based upon the inspections conducted as prescribed in this ordinance or local administrative procedures, and any finished construction elevation certificate, hydraulic data, flood proofing certificate, or encroachment analyses which may have been required as a condition of permit approval.

Substantial Improvement/Damage
The threshold is 50% of fair market value. How do you determine market value? Use a Substantial Damage Estimator Community must determine whether property can be restored or must meet current ordinance requirements. Consider adding cumulative language to your ordinance Substantial improvement and damage is defined in your ordinance. It’s the only way a community is able to bring existing development into compliance (make safer). Substantial improvement is relatively easy to track; you have a dollar figure on your permit for the work to be done, and when you compare this with the fair market value of the property (community should add this to the permit) you can identify improvements that are over 50%. Some communities also track CUMULATIVE substantial improvements to ensure that property owners aren’t trying to get around the threshold (a roof and siding one year, a kitchen the next). When people are investing in a property they should be investing in a SAFE property that is not at risk. Cumulative substantial improvement can be defined as strictly as the community desires. Due to the repetitive small flood events in WV, the State has expanded their definition of substantial damage to include cumulative flood-related damages sustained by a structure on two separate occasions during a 10 year period the cost of repairs at the time of each flood event equals or exceeds 25% of the market value of the structure. Substantial damage is similar; you will have some properties that are insured and will get professional adjustors to figure out how much damage has incurred. Un-insured properties will also need to be flagged for the 50% threshold. You can use any tool out there to make these determinations. We have a tool we are going to walk through and that we shared via the ftp site that is easy to use and quick called the Substantial Damage Estimator for a rough guide. NFIP definition of substantial improvement and substantial damage leaves a lot of wiggle room, and yet this is the only way for a community to make existing development safer. As a result, many communities have opted to include a cumulative standard in their ordinance. Cumulative substantial improvement can be defined as strictly as the community desires. For instance, due to the repetitive small flood events in WV, the State has expanded their definition of substantial damage to include cumulative flood-related damages sustained by a structure on two separate occasions during a 10 year period the cost of repairs at the time of each flood event equals or exceeds 25% of the market value of the structure.

Substantial Damage Determination
Assess Damage Make Substantial Damage Determinations Notify Damaged Structures of Ordinance Requirements Less Than Substantially Damaged Use Flood Resistant Materials Below BFE Elevate Utilities At or Above BFE Substantially Damaged Elevate Lowest Floor At or Above BFE REMEMBER SUBSTANTIAL DAMAGE DETERMINATIONS ARE YOUR RESPONSIBILITY. Mitigation activities can be funded using a variety of funding sources, including but not limited to disaster assistance and mitigation grant programs. Structures with and without flood insurance most commonly rely on Federal Emergency Management Agency’s Individual or Public Assistance, Small Business Administration Loans, Hazard Mitigation Grant Programs. A guide to other federal and state funding programs, entitled the PA Silver Jackets Program Guide, is available on the Pennsylvania Emergency Management Agency website at Substantially damaged structures are automatically considered cost- beneficial under the Hazard Mitigation Grant Program and if insured and within the Special Flood Hazard Area can access up to $30,000 in additional funding to cover the increased cost of compliance.

1. Substantial damage determinations for flood (or any cause) damaged structures are a minimum requirement for participation in the National Flood Insurance Program for structures located within the Special Flood Hazard Area. 2. A community can choose any method they want to make substantial damage determinations. We offer this tool as an “quick and dirty" method to do these determinations. (Show screen with 16-pt SDE tool) A field worksheet is provided and includes information useful to the community. Usually numbers are entered on the field worksheet and then entered on the Excel worksheet at the office. 3. This is the same 16-point residential damage work sheet as the FEMA Substantial Damage Estimator work sheet, and it has the same elements and each element is "weighted" according to the cost of repair of that element. So, the "Foundation" shows 13% under the "Dwelling Factor", and "Painting" is only 4.0 %. This is an Excel spreadsheet, and the weighted factors can be changed to reflect local construction methods and costs. 4. This tool is called an "Estimator" and allows the community to do a large number of damage estimates in a minimal amount of time. With practice, an estimate can be made in minutes, and from experience we find the results to be quite accurate in most cases. If results are close to 50% a more detailed estimate might be required. 5. In the 16-point example shown, the "Market Value Factor" is shown as 100 so that the "Dwelling Factor" column can be read directly as a percentage....if you use $155,000 you have to shift a bunch of decimal points, and the percent difference does not change anyway. 6. The damage percent of the structure can then either be used as the first stab at substantial damage determinations (with an offer to citizens to refine the calculations using the more traditional detailed methodology to determine “cost of repairs” and “market value.” Acceptable ways include see page 9) 7. WARNING: Two homes built identically may have very different percent-damage results. For example, two identical homes with the same amount of flood water might result in one being substantially damaged and the other not substantially damaged. It depends on the pre-flood market value of the homes. If one home has had normal maintenance and the other has been badly neglected, the pre-flood valuations may be significantly different so that the same amount of repair cost would substantially damage one but not the other.

Sample Substantial Damage Letter
We can provide you with a sample “notice of substantial damage” letter to be sent to property owners as well as a notice to be sent to property owners that have LESS than 50% but must be repaired in accordance with ordinance requirements (flood-resistent materials to the BFE, elevated utilities, appropriate venting, etc). Spell out requirements in writing so that in the haste to repair to go back to life as normal – your message is ignored and undocumented. So how will residents afford the necessary repairs? This brings us to the subject of flood insurance.

Freeboard 1 NFIP premiums based on October 2011 rates
One-floor residential structure with no basement built Post-FIRM $250,000 coverage for the building and $100,000 for contents At BFE Insurance Premium: $1,315 building, $380 contents Zone AE Annual NFIP Insurance Savings Savings Over 30 Year Mortgage 1 ft. below BFE -$3,415 -$102,450 At BFE 1 ft. freeboard $675(49%) $20,250 2 ft. freeboard $911 (69%) $27,330 3 ft. freeboard $983 (75%) $29,490 One important tool to help mitigate risk is adding a margin of safety above the BFE – called freeboard. What Are the Costs of Freeboard? The expense of incorporating freeboard into new structures is surprisingly low, generally adding only about 0.25 to 1.5 percent to the total construction costs for each foot of added height, according to a 2006 FEMA-commissioned study (Evaluation of the National Flood Insurance Program’s Building Standards). The minor resulting increase in monthly mortgage payments is generally more than offset by savings on NFIP premiums. Consequently, adding freeboard typically saves homeowners money. To determine NFIP premiums for a specific property, see a licensed insurance agent.

Insurance at a Glance Anyone in a NFIP participating community can get flood insurance All properties with federally backed mortgages that are located in the SFHA must carry flood insurance. Elevation Certificates are needed for ratings Non compliant structures will pay more! Pre FIRM vs Post FIRM w Lending institutions however are not all consistent with the amount of coverage they demand: some want a policy that covers the entire value of the structure, others only for the balance of the mortgage. This has been a problem post-disaster when the latter did not have enough coverage to replace/rebuild.

Increased Cost of Compliance - ICC
Property must be insured through the NFIP Structure must be in the Special Flood Hazard Area (SFHA) Structure must be substantially damaged Eligible for up to $30,000 to elevate (floodproof if nonresidential), move or demolish the structure As you gather information about damaged structures in your community, keep in mind that inured properties that are in the SFHA and are substantially damaged are eligible for Increased Cost of Compliance money. This is a special fund of money that these policies (not X zone or preferred rate which pay much lower premiums) pay into specifically for possible future mitigation. The property owner will need a letter from the community identifying it as being substantially damaged before it can make a claim with its insurance company. ICC coverage is in ADDITION to any other insurance payout or grants/loans offered through the government.

Legal Concerns What is a regulatory “taking?”
Keep repeating “health, safety and welfare….” Make sure your ordinance is written clearly and concisely. Enforce it uniformly and fairly. In doubt? Get legal advice from your licensed attorney that works for your community. There have been unsuccessful challenges to floodplain ordinances and other land use regulations as “regulatory takings.” This term means that the requirements so severely limit the use of private property that they are functionally equivalent to a direct appropriation of or ouster from the private property. Your ordinance should read that development in the SFHA is permitted as long as it does not ADVERSELY IMPACT other properties and meets ordinance requirements. 44 CFR60.1 (d) states that “ any floodplain management regulations adopted by a state or a community which are more restrictive than the criteria set forth in this part are encouraged and shall take precedence.” PA 166 are one example of higher standards that takes precedence. If you can’t understand what your ordinance requires – then no one else will either!

Long Term Recovery Remember to use your Hazard Mitigation Plans. Has your community adopted the County Hazard Mitigation Plan? See map: grey: no adopted plan, pink: expired plan, yellow: pending adoption, green: approved plan. Did you identify homes for acquisition in your plan? Questions – call the Hazard Mitigation Grant Program Hotline: 717/ Dig out your Comprehensive Plan. How did your community want to grow in the future? Is this an opportunity to tweak your plans to more closely follow what your long term goals were? Recovery will take TIME.

Roles and Responsibilities
You are the “face” of your community’s floodplain management program but use a team approach Ensure permitting, zoning, building inspections are happening in accordance with your ordinance Take advantage of training opportunities; E273 at the Emergency Management Institute (or field deployed equivalent), Advanced Floodplain Management, CRS, HAZUS, Third Party Contractors Intergovernmental agreements or MOU It takes a village is not too far off when it comes to successful floodplain management; take advantage of the eyes and ears of police, fire and other municipal workers who are out on the streets of your community everyday. Get them trained on what to look for (violations like dumping, sheds that appear in the floodway, RVs that haven’t moved in 6 months – and can’t, enclosed storage areas that suddenly have windows and curtains). Everyone benefits from a safer community: no lives lost, no property damaged, fewer tax dollars going to recovery efforts. Communities that suffer repeated loss are more likely to suffer blight and negative economic consequences. We offer lots of free training! Take a look at the website above. Space can be limited (two places for each state) but since e are close you might also get a waitlisted spot. Get your application in to the State NFIP Cooridnator – Dan Fitzpatrick – as soon as you can for the year. Third party contractors are a valuable resource. Make sure yours are fully knowledgeable on your ordinance requirements and are trained. Remember the buck will still stop with you as the community. Overwhelming? Don’t do a lot of permitting or have a lot of SFHA in your community? Consider signing a memorandum of agreement with another entity (could be another municipality, the Conservation District or the County) to manage your program and permitting.

Quiz Time! Why have a Floodplain Ordinance?
Who has to enforce the Floodplain Ordinance? What is a non-conversion agreement? Per FEMA’s guidelines how high does the first floor have to be in a residential home in the SFHA? What is freeboard? What is the difference between a Floodway and Floodplain? Is a “dry stack block” foundation OK in the SFHA? How long can a RV remain in one spot without being moved? What is the requirement for an opening? Who can you call for help?

Questions?

Floodplain Management in the Post Disaster Environment

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