Title: National Flood Insurance Program Regulations
1National Flood Insurance Program Regulations
Bill Massey and Sam Crampton Dewberry
South Florida Water Management District Floodplain
Management Training May 2005
2Importance of Regulations
- Describe Program
- Define terms used to run Program
- Provide minimum floodplain management criteria
for communities to adopt and enforce
3Organization of NFIP Regulations
- Part 59 General Provisions
- Definitions, program description
- Part 60 Criteria for Land Management and Use
- Floodplain management ordinances
- Part 65 Identification and Mappingof Special
Hazard Areas - Map revisions, floodways, levees
4Organization of NFIP Regulations
- Part 66- Consultation with Local Officials
- Part 67 Appeals from Proposed Flood Elevation
Determinations - Types of appeals and appeal procedures
- Part 70 Procedure for Map Correction
- LOMAs, CLOMAs
- Part 72 Procedures and Fees for Processing Map
Changes - Fee schedule and payment procedures
5Part 59 General Provisions
- Administrator
- The Federal Insurance Administrator
- Area of Special Flood Hazard
- Areas subject to a 1 or greater annual chance of
flooding in a given year - Include Zones A, AE, AO, V, and VE
- 0.2 annual chance (500-year) floodplain is NOT
an SFHA - Basement
- Any area of a building having its floor below
ground level on all sides.
6Part 59 General Provisions
- Chief Executive Officer (CEO)
- Community official charged with authority to
implement and administer laws, ordinances, and
regulations - Coastal High Hazard Area (V Zone)
- Area of Special Flood Hazard extending from
offshore to the inland limit of the primary
frontal dune along open coast and any other area
subject to high velocity wave action from storms
or seismic sources
7Part 59 General Provisions
- Flood
- Temporary condition of partial or complete
inundation of normally dry areas from overflow of
inland or tidal waters, rapid accumulation or
runoff of surface waters from any source, or from
mudslides - Freeboard
- Factor of safety (expressed in feet) above a
flood level for purposes of floodplain management
8Part 59 General Provisions
- Levee
- Man-made structure designed and constructed in
accordance with sound engineering practices to
contain, control, or divert flow of water to
provide protection from temporary flooding - Levee System
- Flood protection system consisting of levee(s)
and associated structures, such as closure and
drainage devices which are constructed and
operated in accordance with sound engineering
practices
9Part 59 General Provisions
- Lowest Floor
- Lowest floor of lowest enclosed area (including
basement) - Unfinished or flood resistant enclosure used
solely for parking, building access, or storage
in an area other than a basement is not
considered a buildings lowest floor
10Part 59 General Provisions
- New Construction
- For insurance premiums, includes structures for
which start of construction commenced on or
after effective date of initial FIRM or
after12-31-74, whichever is later, and any
subsequent improvements (Pre-FIRM versus
Post-FIRM) - For floodplain management, includes structures
for which start of construction commenced on or
after effective date of floodplain management
regulations adopted by community and any
subsequent improvements
11Part 59 General Provisions
- Primary Frontal Dune
- Continuous or nearly continuous mound or ridge of
sand with relatively steep seaward and landward
slopes immediately landward and adjacent to beach
which is subject to erosion and overtopping from
high tides and waves during major coastal storms
12Primary Frontal Dune
13Part 59 General Provisions
- Regulatory Floodway
- Channel of river or other watercourse and
adjacent land areas that must be reserved to
discharge base flood without cumulatively
increasing water-surface elevation by more than a
designated height
14Regulatory Floodway
15Part 60 Criteria for Land Management and Use
- Different Zone Designations also (Section 64.3)
- Section 60.3 Floodplain Management Criteria for
Floodprone Areas
16Different Zone Designations
- Defined in Section 64.3
- Zone A
- Areas of 100-year flood where BFEs are not
determined - Zones AE, A1 - A30
- Areas of 100-year flood where BFEs are shown
17Different Zone Designations
- Zone AO
- Areas of 100-year shallow flooding where average
water depths are between 1 and 3 feet (average
depths of inundation are shown) - Zone AH
- Areas of 100-year shallow flooding where average
water depths are between 1 and 3 feet (BFEs are
shown)
18Example Zone AO
19Different Zone Designations
- Zone A99
- Areas of 100-year flood to be protected by flood
protection system under construction (BFEs not
determined) - Zone AR
- Areas of special flood hazard that result from
the decertification of previously accredited
flood protection system that is being restored
to provide a 100-year or greater level of
protection
20Different Zone Designations
- Zone B (shaded Zone X)
- Areas between limits of 100-year flood and
500-year flood - Areas protected by levees
- 100-year floodplain where water depths are less
than 1 foot - Areas with drainage areas less than1 square mile
21Different Zone Designations
- Zones C (unshaded Zone X)
- Areas of minimal flooding
- Zone D
- Areas of undetermined, but possibleflood hazards
- Federal lands such as parks
22Different Zone Designations
- Zone V
- Areas of 100-year coastal flood with wave action
(BFEs not determined) - Zones VE, V1-V30
- Areas of 100-year coastal flood with wave action
(BFEs determined)
23Section 60.3 Floodplain Management Criteria
- Contains minimum floodplain management criteria
- Requirements are layered
24Section 60.3 Floodplain Management Criteria
25Section 60.3 Floodplain Management Criteria
- Each Paragraph of 60.3 builds on preceding
paragraph. - Example 60.3(d) contains requirements of
60.3(c) by definition. - Example In community with BFEs and a floodway,
they have 60.3(d) ordinances, but only have to
enforce requirements of 60.3(b) in A Zones.
26Paragraph 60.3(a)
Without SFHAs, BFEs, Floodways, or V Zones
- Permits are required for proposed development.
- Permit applications are to be reviewed by
community official.
27Paragraph 60.3(b)
Zone A Only
- Permits required.
- BFE data required for developments greater than
50 lots or 5 acres, whichever is less. - Obtain, review, and reasonably utilize BFE and
floodway data.
28Paragraph 60.3(b)
- When BFE data are utilized within a Zone A, a
community official should maintain elevation
records of new and substantially improved
structures.
29Paragraph 60.3(c)
BFEs, but no Floodways or V Zones
- Residential structures within ZonesA1-A30, AE,
and AH must have lowest floor (including
basement) elevated to or above BFE. - Non-residential structures can be elevated or
made watertight below BFE.
30Paragraph 60.3(c)
- Fully enclosed areas (not including basements)
below lowest floor that are usable solely for
parking, building access, or storage shall be
designed to automatically equalize hydrostatic
pressure on exterior walls.
31Paragraph 60.3(c)
- Within AO zones, all new construction and
substantial improvements of residential
structures must have lowest floor elevated above
highest adjacent grade at least as high as depth
of AO zone.
32Paragraph 60.3(c)
- Until a floodway is designated, it is required
that no new construction or substantial
improvement shall be permitted within Zones
A1-A30 or AE, unless it is demonstrated that
cumulative effect of proposed development, when
combined with all other existing and proposed
development, will not increase water surface of
base flood by more than 1 foot at any point in
community.
33Paragraph 60.3(d)
BFEs and Floodways, but no V Zones
- Select and adopt a regulatory floodway based on
principle that area chosen for floodway must be
designed to carry base flood without increasing
water surface elevations by more than 1 foot.
34Paragraph 60.3(d)
- Prohibit encroachments within adopted regulatory
floodway unless it has been demonstrated through
HH analyses that proposed encroachment would not
result in any increase in flood levels.
35Paragraph 60.3(e)
V Zones only
- All new construction within ZonesV1-V30, VE, and
V must be located landward of reach of mean high
tide.
36Paragraph 60.3(e)
- Requires that all new construction and
substantial improvements in Zones V1-V30, VE, and
V are elevated on pilings and columns so that - Bottom of lowest horizontal structural member of
lowest floor is elevated to or above BFE and - Pile or column foundation and structure are
anchored to resist flotation, collapse, and
lateral movement.
37Paragraph 60.3(e)
- Requires that space below lowest floor must be
either free of obstruction or constructed with
non-supporting, breakaway walls. - Prohibits use of fill for structuralsupport in V
Zones. - Prohibits man-made alteration ofsand dunes.
38Part 65 Identification and Mapping of Special
Hazard Areas
- Purpose To outline steps community needs to
take to assist FEMAs effort in providing
up-to-date identification and publication of
flood hazard maps.
39Section 65.3 Requirement to Submit New
Technical Data
- When communitys BFEs increase or decrease
resulting from physical changes affecting
floodplain, community must notify FEMA by
submitting technical or scientific data as soon
as practicable, but no later than 6 months.
40Section 65.4 Right to Submit New Technical Data
- Community has right to request changes to any
information on FIRM that does not impact flooding
information (i.e., corporate limits, labeling,
etc.).
41Section 65.4 Right to Submit New Technical Data
- Requests for changes to effective maps, except
for those initiated by FEMA, should be initiated
by communitys CEO or CEOs designee. - Map revisions (except error corrections and
better data) are subject to fees ofPart 72.
42Section 65.5 Revision to SpecialFlood Hazard
Area Boundaries
- With No Change to BFEs Determinations
- In areas of special flood hazard (exceptV Zones
and Floodways), it may be feasible to elevate
areas (structures or parcels of land) with fill
above the BFE. - LOMR-Fs are processed under provisions of 65.5.
43Section 65.5 LOMR-Fs
- For the definition of fill, seeSection 70.1.
Any alteration of topography since the effective
date of the first NFIP map (i.e.. FHBM or FIRM)
showing the property within a SFHA is subject to
the provisions of Part 65.
44Section 65.5 LOMR-Fs
- Requester must submit
- Copies of recorded deeds and plat maps.
- Topographic map indicating present ground
elevations and fill. - Location of the structure, the lowest floor, and
the LAG elevation. - BFE data prepared by authoritative source.
- PE or community certification of fill compaction
criteria.
45LOMR-F
- Parts 60 and 65 of the NFIP Regulations require
that the following be equal to or higher than the
BFE - the lowest ground touching the structure and
- the lowest floor (including basement/crawl space).
46Cross-Sectional View ofa LOMR-F Request
47Cross-Sectional View ofa LOMR-F Request
48Section 65.6 Revisions ofBFE Determinations
- Revised hydrologic and hydraulic analyses must
include evaluation of same recurrence intervals
studied in effective FIS. - Analysis should be done with same model used to
develop effective BFEs, unless - Alternative hydraulic methodology or
- Original modeling is unavailable or inappropriate.
49Section 65.6 Revisions ofBFE Determinations
- Hydrologic and hydraulic analysis for flooding
source without established BFEs may be performed
for only 100-year flood. - Revisions based on topographic changes must
demonstrate that topographic changes have not
resulted in floodway encroachment. - Data requirements for map changes are outlined in
Paragraphs 65.6(b)-(e).
50Section 65.7 Floodway Revisions
- Provisions for when a community determines that
there are no practicable alternatives to revising
the adopted floodway boundaries.
51Section 65.7 Floodway Revisions
- For floodway revisions with BFE changes
- Meet requirements of Section 65.6.
- Copy of public notice stating intent to revise
floodway. - State notification if they have jurisdiction.
52Section 65.7 Floodway Revisions
- For floodway revisions with BFE changes
- Floodway analysis must use hydraulic model used
to determine proposed BFEs. - Neither effective BFE nor proposed BFE, if less
than effective BFE, can be increased by more than
1 foot at any point. - Revised floodway must be delineated on same
topographic map used for revised floodplain
boundary.
53Section 65.7 Floodway Revisions
- For floodway revisions without BFE changes
- Copy of public notice stating intent to revise
floodway. - State notification if they have jurisdiction.
54Section 65.7 Floodway Revisions
- For floodway revisions without BFE changes
- Original hydraulic model used to develop
effective BFEs must be modified to include all
encroachments. - Floodway limits must be set so that combined
effects of past encroachments and new floodway
limits do not increase effective BFEs by more
than 1.0 foot.
55Section 65.10 Mapping Areas Protected by Levee
Systems
- Design, operation, and maintenance standards.
- Mapping protection afforded by levees.
56Levee Design Criteria
57Freeboard Requirements
- Minimum freeboard of 3 feet.
- Additional 1 foot of freeboard is required within
100 feet of either side of structures. - Additional 0.5 foot of freeboard is required at
upstream end of levee, tapering to minimum at
downstream end of levee.
58Levee Freeboard Criteria
59Freeboard Requirements
- Exceptions to minimum riverine freeboard
requirements MAY be approved. - For coastal levees, freeboard must be established
at 1 foot above height of 1 wave or maximum wave
runup (whichever is greater).
60Levee Closure Requirements
- All openings must be provided with closure
devices that are structural parts of system and
are designed according to standard engineering
practice.
61Levee Embankment Protection Requirements
- No appreciable erosion of levee embankment during
base flood and - Erosion will not result in failure of levee
embankment.
62Interior Drainage Requirements
- Analysis must be submitted that identifies
interior drainage sources and extent of flooded
area. - Analysis must be based on joint probability of
interior and exterior flooding.
63Levee Operation Criteria
64Operation Plans
- Levee Closures and InteriorDrainage Systems
Operational Plans - All closure devices or mechanical systems for
internal drainage must be operated in accordance
with an officially adopted operation manual.
65Operation Plans
- Documentation of flood warning system.
- Demonstration that sufficient flood warning time
exists.
66Operation Plans
- Formal plan of operation including specific
actions and assignments. - Provisions for periodic inspection and operation
of closures and drainage systems.
67Levee Maintenance Criteria
- Levee systems must be maintained in accordance
with an officially adopted maintenance plan.
68Mapping of AccreditedRiverine Levees
69 Section 65.12
Section 65.12 Revision of FIRMs to Reflect BFEs
Caused by Proposed Encroachments
- Purpose If a community proposes to permit
encroachments which will cause BFE increases in
excess of those permitted under Subparagraphs
60.3(d)(3) or 60.3(c)(10) they must apply for
conditional approval.
70Subparagraph 60.3(c)(10)
- Requires until a floodway is designated, that no
new construction or substantial improvement shall
be permitted within zones A1-A30 or AE, unless it
is demonstrated that cumulative effect of
proposed development, when combined with all
other existing and proposed development, will not
increase water surface of base flood by more
than1 foot at any point in community.
71Subparagraph 60.3(d)(3)
- Prohibits encroachments within adopted regulatory
floodway unless it has been demonstrated through
HH analyses that proposed encroachment would not
result in any increase in flood levels.
72Section 66 Consultation With Local Officials
- Purpose
- Establishment of Case File
- Appointment of Consultation Coordination Officer
- Responsibilities for Consultation and Coordination
73Part 67 Appeals
Part 67 Appeals From Proposed Flood Elevation
Determinations
- Purpose To establish procedures implementing
the provisions of Section 110 of the Flood
Disaster Protection Act of 1973.
74Part 67 Appeals
- What is an appeal/protest?
- When can someone appeal/protest?
- Background
- Right of Appeal
- Basis of Appeal
- Types of Appeals and Protests
- Data Requirements
- Additional Regulations Governing Appeal Process
75What is an Appeal/Protest?
- Appeal
- A challenge of a proposed BFE.
- Protest
- A challenge of information or data from a
preliminary FIS or FIRM other than BFEs.
76When Can Someone Appeal/Protest?
77Background
- Why did FEMA Develop Appeal/Protest Procedures?
- National Flood Insurance Act of 1968.
- Flood Disaster Protection Act of 1973.
- Relevant NFIP Regulations.
78Sections 67.5 and 67.6
- Section 67.5 Right of Appeal
- Any owner or lessee of property who believes
his/her property rights to be adversely affected
by the proposed flood elevation, may file a
written appeal of the determination with the CEO
of the community. - Section 67.6 Basis of Appeal
- Knowledge or information indicating that the
elevations proposed by FEMA are scientifically or
technically incorrect.
79Types of Appeals
- Scientifically Incorrect BFEs
- Methodology or assumptions are inappropriate or
incorrect. - Using a regression equation on a regulated stream
or in an urbanized area. - Using steady flow model such as HEC-2 to analyze
an unsteady flow situation.
80Types of Appeals
- Technically Incorrect BFEs Insufficient or poor
quality data analysis contains mathematical or
measurement errors or physical changes have
occurred in floodplain. - Coding errors in models.
- Surveying errors.
- Mathematical errors in HH calculations.
81Types of Protests
- Errors of omission.
- FIS text errors.
- Mapping errors.
82Data Requirements
- Must be supported by scientific or technical
data. - Data requirements vary depending on the type of
the appeal/protest.
83Additional Regulations
- Collection of Appeal Data
- NFIP Regulations Section 67.7
- Appeal Resolution Procedure
- NFIP Regulations Sections 67.8
- Notice of Final Determination
- NFIP Regulations Section 67.11
- Appeal to U.S. District Court
- NFIP Regulations Section 67.12
84Section 67.7
Collection of Appeal Data
- Appeals by private persons are submitted to CEO
within 90 days following the second newspaper
publication. - The CEO shall review all appeals by private
persons and issue a written opinion stating
whether or not the appeal is justifiable.
85Section 67.8
Appeal Resolution Procedure
- The Administrator is required to review and take
fully into account any technical or scientific
data submitted by the community in support of the
appeal.
86Section 67.8
Appeal Resolution Procedure
- Appeals are resolved through
- Consultation with officials of the local
government - Administrative hearings or
- Submission of the conflicting data to an
independent scientific body or appropriate
Federal Agency for advice.
87Section 67.8
Appeal Resolution Procedure
- Appeal resolutions will be made within a
reasonable amount of time. - All information used in the resolution of the
appeal will be made available for public
inspection and shall be admissible in a court of
law if necessary.
88Section 67.11
Notice of Final Determination
- Published in the FEDERAL REGISTER
- Copies sent to the CEO, all individual
appellants, and the State Coordinator.
89Section 67.12
Appeal to U.S. District Court
- An appellant can appeal the appeal resolution to
the U.S. District Court within 60 days after
notice of final determination. - No new data is admissible.
90Part 70 Procedure forMap Correction
- Purpose To provide procedures for the review of
scientific or technical submissions from the
applicant who believes their property has been
inadvertently included in the SFHA as a result of
the transposition of the curvilinear line to a
readily identifiable feature.
91Part 70 Procedure forMap Correction
- Right to Submit Technical Information
- Review by FEMA
- What is in a LOMA?
- Distribution of LOMAs
- Notice of LOMA
- Premium Refunds
- Review of Proposed Projects
92 Section 70.3
Right to Submit Technical Information
- Any owner or lessee of property who believes
his/her property has been inadvertently included
in an SFHA, may submit scientific or technical
information to FEMA for their review.
93Section 70.3
- Submitted information may include
- a recorded copy of the plat map or deed
- a copy of the effective FIRM/FBFM indicating the
location of the property - the LAG certified by a P.E. or P.L.S.
94Section 70.3
- Additional information may include
- Topographic mapping
- LAG (including attached decks and garages)
- Mapping showing location of structure and
- Indication of curvilinear line which represents
area subject to inundation by base flood.
95LOMA Natural Ground
- Part 70 of the NFIP Regulations requires that the
lowest ground touching the structure be equal to
or higher than the BFE.
96Cross-Sectional View of aLOMA Request
97Cross-Sectional View of aLOMA Request
98Section 70.4
Review by the Director
- FEMA is required to notify the applicant in
writing of the determination within 60 days from
the date of receipt of the applicants scientific
or technical information.
99Section 70.5
Letter of Map Amendment
- Name of the community to which the map to be
amended was issued - Map number and
- Identification of the property to be excluded
from the SFHA.
100Section 70.6
Distribution of LOMAs
- Applicant
- Community map repository (with instructions that
it should be attached to the NFIP map to which it
is amending)
- State map repository
- Community or governmental unit that requests a
LOMA and - FEMAs community files.
101Section 70.7
Notification of LOMAs
- A notice will not be published in the Federal
Register unless the LOMA includes an alteration
or change to the BFEs established pursuant to
Part 67.
102Section 70.8
Premium Refund
- A Standard Flood Insurance Policyholder whose
property has become the subject of a LOMA under
this part may cancel the policy within the
current policy year and receive a premium refund
under the conditions set forth in Section 62.5.
103Section 70.9
Review of Proposed Projects
- An applicant who is proposing to build on a
portion of a property that is inadvertently
included in a SFHA may request a Conditional
Letter of Map Amendment.
104Part 72
Procedures and Fees for Processing Map Changes
- Purpose To provide administrative and
cost-recovery procedures for the engineering
review and administrative processing associated
with FEMAs response to requests for CLOMAs,
CLOMRs, CLOMR-Fs, LOMR-Fs, LOMRs, and PMRs.
105Part 72
- Definitions
- Fee schedules
- Submittal and Payment Procedures
- Exemptions
- Unfavorable Responses
- Re-submittals
106Section 72.2 Definitions
- Conditional Letter of MapAmendment (CLOMA)
- FEMAs comment on a proposed structure or group
of structures that upon construction will be
located on existing natural ground above the BFE.
107Section 72.2 Definitions
- Conditional Letter of MapRevision (CLOMR)
- FEMAs comment on a proposed project that upon
construction will affect the hydrologic or
hydraulic characteristicsof a flooding source.
108Section 72.2 Definitions
- Conditional Letter of Map Revision Based on Fill
(CLOMR-F) - FEMAs comment on a proposed project that upon
construction will result in a modification of the
SFHA through the placement of fill outside the
regulatory floodway.
109Section 72.2 Definitions
- Letter of Map Revision (LOMR)
- FEMAs modification to an effective FIRM or FBFM,
or both, based on the implementation of physical
measures that affect the hydrologic or hydraulic
characteristics of a flooding source.
110Section 72.2 Definitions
- Letter of Map Revision basedon Fill (LOMR-F)
- FEMAs modification of the SFHA shown on the FIRM
based on the placement of fill outside the
regulatory floodway.
111Section 72.2 Definitions
- Physical Map Revision (PMR)
- FEMAs revision and republication of an effective
FIRM, FBFM, or FIS report based on physical
measures that affect the hydrologic or hydraulic
characteristicsof a flooding source.
112Section 72.3 Fee Schedule
Current Procedure Flat Fee
113Current Fees
114Current Fees
115Current Fees
116Current Fees
Product or Service
User Fee
CLOMRs
Hydrology, Bridge, Culvert,
3,100
Channel, or Combination
Levee,
Berm, or Other Structural
4,000
Measure
1
LOMRs and
CLOMRs for Structural
5,000
Measures on Alluvial Fans
1
Initial Fee
117Section 72.3 Fee Schedule
118Section 72.4
Submittal and Payment Procedures and FEMA Response
- FEMA must receive fees before it will begin any
review. The fees are non-refundable when FEMA
begins its review. - For all map revision requests, FEMA will bear the
cost of reprinting and distributing the revised
FIRM or FBFM panels.
119Section 72.4
- For CLOMA, CLOMR-F, LOMA, and LOMR-F requests,
FEMA shall - Notify requester community within30 days.
- Provide to the requester and the community,
within 60 days of the receipt of adequate
information and fee, a determination letter or
other written comment.
120Section 72.4
- For CLOMR, LOMR, and PMR request, FEMA shall
- Notify the requester and the community within 60
days. - Provide to the requester and the community,
within 90 days of the receipt of adequate
information and fee, a LOMR or CLOMR or other
written comment.
121Section 72.5 Exemptions
- Requests for map changes based on mapping or
analysis errors or effects of natural changes
within SFHAs. - Requests for LOMAs.
- If a community funds a revision to add detail to
a Zone A. - Federally sponsored projects that are 50
federally funded. - Detailed data.
122Section 72.6 Unfavorable Response
- A request for a CLOMA, CLOMR, or CLOMR-F may be
denied or the determination may contain specific
comments, concerns, or conditions regarding a
proposed project or design and its impacts on
flood hazards in a community. - A requester is NOT entitled to any refund.
123Section 72.6 Unfavorable Response
- A request for a LOMR, LOMR-F, or PMR may be
denied or the revisions to the FIRM or FBFM may
not be in the manner or to the extent desired by
the requester. - A requester is NOT entitled to any refund.
124Section 72.7 Resubmittals
- Any resubmittal of a CLOMA, CLOMR, CLOMR-F, LOMR,
LOMR-F, or PMR request more than 90 days after
denial or termination of review due to
insufficient data will be treated as an original
submission subject to all submittal/payment
procedures.
125Conclusion
- You have an general understanding of the NFIP and
how it works. - You are comfortable with the commonly used
terminology. - You have a general understanding of the NFIP
regulations. - You are now a Floodplain Manager!!
126 QUESTIONS
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