National Flood Insurance Program

Regulations

Bill Massey and Sam Crampton

Dewberry

South Florida Water Management District

Floodplain Management Training
May 2005
 Importance of Regulations

 Describe Program
 Define terms used to run Program
 Provide minimum floodplain
management criteria for communities
to adopt and enforce
 Organization 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 Mapping
of Special Hazard Areas
 Map revisions, floodways, levees
 Organization 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
 Part 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.
 Part 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
 Part 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
 Part 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
 Part 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 building’s
lowest floor
 Part 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 after
12-31-74, 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
 Part 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
Regulatory Floodway
 Part 60 — Criteria for Land
Management and Use

 Different Zone Designations also

(Section 64.3)
 Section 60.3 — Floodplain
Management Criteria for Floodprone
Areas
 Different 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
 Different 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 than
1 square mile
 Different Zone Designations

 Zones C (unshaded Zone X):

 Areas of minimal flooding

 Zone D:
 Areas of undetermined, but possible
flood hazards
 Federal lands such as parks
 Different 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)
 Section 60.3 — Floodplain
Management Criteria

 Contains minimum floodplain

management criteria
 Requirements are “layered”
 Section 60.3 — Floodplain
Management Criteria

100-Year Land Use

Flooding BFEs Floodway V Zone Classification
no no no no 60.3a
yes no no no 60.3b

yes yes no no 60.3c

yes yes yes no 60.3d

yes yes no yes 60.3e

yes yes yes yes 60.3d & 60.3e

 Section 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.
 Paragraph 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.
 Paragraph 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.
 Paragraph 60.3(c)

BFEs, but no Floodways or V Zones

 Residential structures within Zones

A1-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.
 Paragraph 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.
 Paragraph 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.
 Paragraph 60.3(d)

Prohibit encroachments within adopted

regulatory floodway unless it has been
demonstrated through H&H analyses that
proposed encroachment would not result
in any increase in flood levels.
 Paragraph 60.3(e)

V Zones only

 All new construction within Zones

V1-V30, VE, and V must be located
landward of reach of mean high
tide.
 Paragraph 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.
 Paragraph 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 structural
support in V Zones.
 Prohibits man-made alteration of
sand dunes.
 Part 65 — Identification and
Mapping of Special Hazard Areas

 Purpose: To outline steps community

needs to take to assist FEMA’s effort in
providing up-to-date identification
and publication of flood hazard maps.
 Section 65.5 — LOMR-Fs

 For the definition of “fill,” see

Section 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.
 Section 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.
 LOMR-F

House Correctly Shown House Elevated by the

in Floodplain Placement of Fill

 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).
 Section 65.10 — Mapping Areas
Protected by Levee Systems

 Design, operation, and maintenance

standards.
 Mapping protection afforded by
levees.
 Levee Design Criteria

Embankment Stability
Protection
Settlement

Closures Design Interior

Criteria Drainage

Freeboard Others
 Freeboard 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.
Levee Freeboard Criteria
 Freeboard 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).
 Levee Closure Requirements

 All openings must be provided with

closure devices that are structural
parts of system and are designed
according to standard engineering
practice.
 Levee Embankment Protection
Requirements

 No appreciable erosion of levee

embankment during base flood; and
 Erosion will not result in failure of
levee embankment.
 Interior 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.
 Levee Operation Criteria

Interior Drainage Systems

Operation
Criteria
Closures Others
 Operation Plans

 Levee Closures and Interior

Drainage Systems Operational Plans:
 All closure devices or mechanical
systems for internal drainage must be
operated in accordance with an officially
adopted operation manual.
 Operation Plans

 Documentation of flood warning

system.
 Demonstration that sufficient flood
warning time exists.
 Operation Plans

 Formal plan of operation including

specific actions and assignments.
 Provisions for periodic inspection and
operation of closures and drainage
systems.
 Levee Maintenance Criteria

 Levee systems must be maintained in

accordance with an officially adopted
maintenance plan.
Mapping of Accredited
Riverine Levees
 Section 66 — Consultation With
Local Officials

 Purpose
 Establishment of Case File
 Appointment of Consultation
Coordination Officer
 Responsibilities for Consultation and
Coordination
 Part 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.
 Part 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
 What 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.
 When Can Someone
Appeal/Protest?

90 Days
30 Days

6 Months
Appeal/Protest
 Sections 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.
 Section 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.
 Section 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.
 Section 67.11

Notice of Final Determination

 Published in the FEDERAL REGISTER;

 Copies sent to the CEO, all individual
appellants, and the State Coordinator.
 Part 70 — Procedure for
Map 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.
 Part 70 — Procedure for
Map 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
 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.
 LOMA — Natural Ground

House Inadvertently Included (Natural High

Ground) in the 1% Annual Chance Floodplain
House Correctly Shown
Because of Topographic Limitation of Source
in Floodplain
Map Used to Prepare the FIRM

 Part 70 of the NFIP Regulations

requires that the lowest ground
touching the structure be equal to or
higher than the BFE.
Cross-Sectional View of a
LOMA Request
 Section 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.
 Conclusion

 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!!
QUESTIONS
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