Floodplain Management 101 Texas and Federal Laws and the National Flood Insurance Program

Floodplain Management Floodplain Management 101101

Texas and Federal Laws and the National Texas and Federal Laws and the National Flood Insurance Program Flood Insurance Program

TEXAS COMMISSION ON TEXAS COMMISSION ON ENVIRONMENTAL QUALITYENVIRONMENTAL QUALITY

State Coordinating AgencyState Coordinating Agency

for thefor the

National National

Flood Insurance ProgramFlood Insurance Program

TNRCC change to TCEQ in September 2002TNRCC change to TCEQ in September 2002

Texas Flood ProblemsTexas Flood Problems

Over 1,400 flood-prone CommunitiesOver 1,400 flood-prone Communities Largest total cost of flood damage claims paid in Largest total cost of flood damage claims paid in

NationNation Hill Country Flash FloodsHill Country Flash Floods Riverine FloodsRiverine Floods Tropical Storms (Allison 2001)Tropical Storms (Allison 2001)

National Flood Insurance Program (NFIP) nationwide National Flood Insurance Program (NFIP) nationwide effort to help communities protect against floodingeffort to help communities protect against flooding

Large responsibility to protect residentsLarge responsibility to protect residents

Top 4 Killers of AmericansTop 4 Killers of Americans

Heart DiseaseHeart Disease AutomobilesAutomobiles FiresFires

FLOODSFLOODS

Introduction to the Introduction to the National Flood National Flood

Insurance Program Insurance Program (NFIP)(NFIP)

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ANI Area Not Included BFE Base Flood Elevation

COBRA Coastal Barrier Resources Act CBRS Coastal Barrier Resources System

CLOMA Conditional Letter of Map Amendment CLOMR Conditional Letter of Map Revision

CLOMR-F Conditional Letter of Map Revision based on Fill CCO Consultation Coordination Officer

CRS Community Rating System DLG Digital Line Graph

ERM Elevation Reference Mark ESDP Engineering Study Data Package

FBFM Flood Boundary and Floodway Map FDPA Flood Disaster Protection Act

FMPCC Flood Map Production Coordination Contractor FDT Floodway Data Table

FEMA Federal Emergency Management Agency FFED Final Flood Elevation Determination

FHBM Flood Hazard Boundary Map FIA Federal Insurance Administration

FIMA Federal Insurance and Mitigation Administration FIRM Flood Insurance Rate Map

FIS Flood Insurance Study FOIA Freedom of Information Act

GIS Geographic Information System GPO Government Printing Office

HEC Hydrologic Engineering Center ICC Increased Cost of Compliance

LAG Lowest Adjacent Grade (to a structure) LFD Letter of Final Determination

LMMP Limited Map Maintenance Program LODR Letter of Determination Review

LOMA Letter of Map Amendment LOMC Letter of Map Change

LOMR Letter of Map Revision LOMR-F Letter of Map Revision based on Fill

MSC Map Service Center MT Mitigation Directorate

NAVD North American Vertical Datum of 1988 NFIP National Flood Insurance Program

NFIRA National Flood Insurance Reform Act NGVD National Geodetic Vertical Datum of 1929

OPA Otherwise Protected Area PMR Physical Map Revision

PRP Preferred Risk Policy RCBAPResidential Condominium Building Association

Policy

SFHA Special Flood Hazard Area SFHDF Standard Flood Hazard Determination Form

TEC Technical Evaluation Contractor WYO Write Your Own

Introduction to the NFIPIntroduction to the NFIPKey TerminologyKey Terminology

FHBM = Flood Hazard FHBM = Flood Hazard Boundary MapBoundary Map

SFHA = Special Flood Hazard SFHA = Special Flood Hazard AreaArea

FIRM = Flood Insurance Rate MapFIRM = Flood Insurance Rate Map DFIRM = Digital FIRMDFIRM = Digital FIRM BFE = Base Flood ElevationBFE = Base Flood Elevation FEMA = Federal Emergency Management FEMA = Federal Emergency Management

AgencyAgency

The National Flood Insurance The National Flood Insurance Program 1968Program 1968

A A voluntary programvoluntary program based on a mutual agreement between based on a mutual agreement between the Federal government and the local communitythe Federal government and the local community

HB 1018 Amended Section 16.3145, Texas Water Code HB 1018 Amended Section 16.3145, Texas Water Code requires a community ONLY be eligible to participate in the requires a community ONLY be eligible to participate in the NFIP as expressed in the following HB language: NFIP as expressed in the following HB language: “The “The governing body of eachgoverning body of each city and county shall adopt ordinances city and county shall adopt ordinances or orders, as appropriate, necessary for the city or county to be or orders, as appropriate, necessary for the city or county to be eligible to participate in the National Flood Insurance eligible to participate in the National Flood Insurance Program…., not later than January 1, 2001”Program…., not later than January 1, 2001”

In exchange for adopting and enforcing a Floodplain In exchange for adopting and enforcing a Floodplain Management Ordinance, Federally backed flood insurance is Management Ordinance, Federally backed flood insurance is made available to property owners throughout the participating made available to property owners throughout the participating communitycommunity

National Flood Insurance Act of 1968National Flood Insurance Act of 1968

Established the National Flood Insurance ProgramEstablished the National Flood Insurance Program

Federally subsidized flood insurance was made available Federally subsidized flood insurance was made available to communities that to communities that voluntarilyvoluntarily enacted land use and enacted land use and control measurescontrol measures

Prior to the 1968 Act the sole relief available to flood Prior to the 1968 Act the sole relief available to flood victims was special disaster loans. victims was special disaster loans.

Flood Disaster Protection Act of 1973Flood Disaster Protection Act of 1973

Flood insurance Flood insurance requiredrequired as a condition of as a condition of receiving federal financial assistance for receiving federal financial assistance for acquisition or construction purposes in acquisition or construction purposes in Special Flood hazard Areas.Special Flood hazard Areas.

Publication of Flood Hazard Boundary Publication of Flood Hazard Boundary Maps officially designated a community as Maps officially designated a community as “flood prone” and subject to the ACT.“flood prone” and subject to the ACT.

EO 11988 Floodplain ManagementEO 11988 Floodplain Management

Federal Agencies Federal Agencies requiredrequired to “avoid the to “avoid the long- and short-term adverse impacts long- and short-term adverse impacts associated with the occupancy and associated with the occupancy and modification of floodplains and avoid direct modification of floodplains and avoid direct and indirect support of floodplain and indirect support of floodplain development wherever there is a development wherever there is a practicable alternative.practicable alternative.

Federally funded “Critical Facilities” are to Federally funded “Critical Facilities” are to be protected up to the 500-year floodbe protected up to the 500-year flood

Section 404 Wetland PermitsSection 404 Wetland Permits

The US Army Corps of Engineers The US Army Corps of Engineers administers Section 404 of the Clean administers Section 404 of the Clean Water ActWater Act

Discharge of dredge or fill material into Discharge of dredge or fill material into wetlands requires a Section 404 Permitwetlands requires a Section 404 Permit

Communities are required under the NFIP Communities are required under the NFIP to require to require allall necessary permits required necessary permits required by Federal and State Law by Federal and State Law

Disaster Mitigation Act of 2000Disaster Mitigation Act of 2000

Communities must adopt and have an Communities must adopt and have an approvedapproved “all hazards” mitigation plan prior “all hazards” mitigation plan prior to November 1, 2004 to be eligible to to November 1, 2004 to be eligible to receive Hazard Mitigation Grant Program receive Hazard Mitigation Grant Program funding (44 CFR Part 201)funding (44 CFR Part 201)

HB 1018HB 1018

HB 1018 Requires Texas Cities and Counties HB 1018 Requires Texas Cities and Counties to Join NFIPto Join NFIP

The 77th Legislature of the State of Texas The 77th Legislature of the State of Texas amended Subchapter I, Chapter 16, Water amended Subchapter I, Chapter 16, Water Code, by adding Section 16.3145 to read as Code, by adding Section 16.3145 to read as follows:follows:

"The governing body of each city and county "The governing body of each city and county shall adopt ordinances or orders, as appropriate, shall adopt ordinances or orders, as appropriate, necessary for the city or county to be eligible to necessary for the city or county to be eligible to participate in the National Flood Insurance participate in the National Flood Insurance Program...., not later than January 1, 2001"Program...., not later than January 1, 2001"

Senate Bill 936Senate Bill 936 The 77th Texas Legislature amended the Water Code, effective September The 77th Texas Legislature amended the Water Code, effective September

1, 2001, to authorize all political subdivisions to:1, 2001, to authorize all political subdivisions to:

(1) adopt more comprehensive floodplain management regulations which (1) adopt more comprehensive floodplain management regulations which the political subdivision determines are necessary for planning, and the political subdivision determines are necessary for planning, and appropriate to protect public health and safety;appropriate to protect public health and safety;

(2) participate in floodplain management and mitigation initiatives such as (2) participate in floodplain management and mitigation initiatives such as the National Flood Insurance Program’s Community Rating System, Project the National Flood Insurance Program’s Community Rating System, Project Impact or other initiatives developed by the federal, state or local Impact or other initiatives developed by the federal, state or local government; and,government; and,

(3) collect reasonable fees to cover administrative costs incurred by the (3) collect reasonable fees to cover administrative costs incurred by the administration of a local floodplain management program.administration of a local floodplain management program.

Additionally, SB936 provides for Criminal and Civil Penalties and injunctive Additionally, SB936 provides for Criminal and Civil Penalties and injunctive relief.relief.

HB 1445HB 1445

Regulation of Subdivisions in Regulation of Subdivisions in Extraterritorial JurisdictionsExtraterritorial Jurisdictions

Authorizes the municipality and the county Authorizes the municipality and the county to enter into interlocal agreement to:to enter into interlocal agreement to:

Established floodplain development Established floodplain development regulations for plats and subdivisions regulations for plats and subdivisions within the ETJwithin the ETJ

Minimum Standards of NFIP Minimum Standards of NFIP

Must include restrictions to development Must include restrictions to development within floodplain areaswithin floodplain areas

Extent to which restrictions are set directly Extent to which restrictions are set directly tied to available floodplain maps and studiestied to available floodplain maps and studies

Standards outlined in CFR 60.3 (a) – (e)Standards outlined in CFR 60.3 (a) – (e)

Community without Floodplain DataCommunity without Floodplain Data

Section 60.3 (a) Section 60.3 (a) Permits for all proposed constructionPermits for all proposed construction Review proposed developmentsReview proposed developments Review permit applicationsReview permit applications Review subdivision proposals & all new Review subdivision proposals & all new

developmentsdevelopments Require new & replacement water supply Require new & replacement water supply

systems to minimize infiltration of floodwaterssystems to minimize infiltration of floodwaters Require sanitary sewage & on-site disposal Require sanitary sewage & on-site disposal

systems be protectedsystems be protected

Community with FHBM (A Zones)Community with FHBM (A Zones)

(no BFE, FW, V) Section 60.3 (b)(no BFE, FW, V) Section 60.3 (b) Permits for development in mapped flood hazard Permits for development in mapped flood hazard

areaarea Require developments in flood hazard area to meet Require developments in flood hazard area to meet

standardsstandards Review permit applicationsReview permit applications Review subdivision proposals & all new Review subdivision proposals & all new

developmentsdevelopments Require new & replacement water supply systems to Require new & replacement water supply systems to

minimize infiltration of floodwatersminimize infiltration of floodwaters Require sanitary sewage & on-site disposal systems Require sanitary sewage & on-site disposal systems

be protectedbe protected

Community with SFHA, “A” ZonesCommunity with SFHA, “A” Zones

Section 60.3 (c)Section 60.3 (c) Require everything in 60.3(b)Require everything in 60.3(b) Require elevation of lowest floor to or above BFE Require elevation of lowest floor to or above BFE

for residentialfor residential Require elevation or floodproofing to or above BFE Require elevation or floodproofing to or above BFE

for commercialfor commercial Certification by registered engineerCertification by registered engineer Fully enclosed areas below elevated lowest floor Fully enclosed areas below elevated lowest floor

automatically equalizeautomatically equalize Manufactured homes lowest floor elevated to or Manufactured homes lowest floor elevated to or

above BFE and anchoredabove BFE and anchored


Section 60.3 (c)Section 60.3 (c) Require elevations of residential structures in AO Require elevations of residential structures in AO

Zones to or above the depth number or at least 2 Zones to or above the depth number or at least 2 feet if no depth numberfeet if no depth number

Require within A99 Zones on FIRM the standards Require within A99 Zones on FIRM the standards of 60.3(a)(1)-(a)(4)(i) and 60.3(b)(5)-(b)(9)of 60.3(a)(1)-(a)(4)(i) and 60.3(b)(5)-(b)(9)

Until Floodway is designated, permit no Until Floodway is designated, permit no development within Zones A1-30 or AE unless it is development within Zones A1-30 or AE unless it is demonstrated that WSEL not increased by more demonstrated that WSEL not increased by more than 1 footthan 1 foot

Require adequate drainage on structures in AH or Require adequate drainage on structures in AH or A0 ZonesA0 Zones


Section 60.3 (c)Section 60.3 (c) Require manufactured-homes chassis supports, in Require manufactured-homes chassis supports, in

EXISTING manufactured-home parks or sub-divisions, EXISTING manufactured-home parks or sub-divisions, placed in SFHA with their lowest floor at or above the placed in SFHA with their lowest floor at or above the BFE or the chassis is 36 inches above grade and is BFE or the chassis is 36 inches above grade and is anchored. See 60.3(c)(12)anchored. See 60.3(c)(12)

Require that recreational vehicles placed in SFHARequire that recreational vehicles placed in SFHA Be there < 180 days,Be there < 180 days, Be fully licensed and road ready ORBe fully licensed and road ready OR Meet requirements of 60.3(b)(1) and 60.3(c)(6)Meet requirements of 60.3(b)(1) and 60.3(c)(6)

Community with SFHA & Floodway Community with SFHA & Floodway

Section 60.3 (d)Section 60.3 (d) Meet previous requirementsMeet previous requirements

Adopt FloodwayAdopt Floodway

Prohibit encroachments within floodway unless Prohibit encroachments within floodway unless engineer can support no rise in WSELengineer can support no rise in WSEL


Section 60.3 (e)Section 60.3 (e) Meet Previous requirementsMeet Previous requirements Require new or substantially improved structures within Require new or substantially improved structures within

Zones V1-30, VE and V to elevate bottom of the lowest Zones V1-30, VE and V to elevate bottom of the lowest structural member of lowest floorstructural member of lowest floor

Require new construction in V Zones to be landward of Require new construction in V Zones to be landward of mean high tidemean high tide

Require new or substantial improvements in V Zones to Require new or substantial improvements in V Zones to be elevated above BFE and anchored for wind and be elevated above BFE and anchored for wind and water loads and certified by an engineerwater loads and certified by an engineer

Require space below lowest elevated floor be free of Require space below lowest elevated floor be free of obstruction or breakaway walls without causing obstruction or breakaway walls without causing structural support damagestructural support damage


Section 60.3 (e)Section 60.3 (e) No fill for structural supportNo fill for structural support

No man-made alterations of sand dunes which No man-made alterations of sand dunes which would increase flood damagewould increase flood damage

Require newly placed of substantially improved Require newly placed of substantially improved manufactured homes to meet these requirementsmanufactured homes to meet these requirements

Section 60.3 (e)Section 60.3 (e)

Require that recreational vehicles placed in SFHARequire that recreational vehicles placed in SFHA Be there < 180 days,Be there < 180 days, Be fully licensed and road ready ORBe fully licensed and road ready OR Meet requirements of 60.3(b)(1) and 60.3(e)(2)-(e)(7)Meet requirements of 60.3(b)(1) and 60.3(e)(2)-(e)(7)

Permits for development in mapped flood hazard Permits for development in mapped flood hazard areaarea

How NFIP Helps Your How NFIP Helps Your CommunityCommunity

Flood insurance is available for NFIP Flood insurance is available for NFIP communitiescommunities

In return, the federal government requires In return, the federal government requires regulation on development in SFHAregulation on development in SFHA

NFIP is administered in 2 Phases:NFIP is administered in 2 Phases: Emergency PhaseEmergency Phase Regular PhaseRegular Phase

Dependent on type of flood data available Dependent on type of flood data available from FEMAfrom FEMA

Emergency PhaseEmergency Phase

Entry stage of participation for communitiesEntry stage of participation for communities Issues FHBM Issues FHBM

identifies flood areasidentifies flood areas No risk zonesNo risk zones No flood elevationsNo flood elevations

Flood Insurance obtained at FLAT RATE Flood Insurance obtained at FLAT RATE based on structure typebased on structure type

Same rate regardless of likelihood of being Same rate regardless of likelihood of being floodedflooded

Emergency PhaseEmergency Phase

Community enforce & adopt local floodplain Community enforce & adopt local floodplain regulations regulations

Regulate new development in flood-hazard areas Regulate new development in flood-hazard areas (Zone A) (Zone A)

Regular PhaseRegular Phase

Community gets a detailed engineering studyCommunity gets a detailed engineering study FEMA prepares FIS & FIRMsFEMA prepares FIS & FIRMs

100-year flood elevations100-year flood elevations FloodwaysFloodways Flood-Hazard Zones Flood-Hazard Zones

Insurable InterestsInsurable Interests

Walled and roofed structuresWalled and roofed structures Principally above groundPrincipally above ground Not over waterNot over water Manufactured homes if anchored to a Manufactured homes if anchored to a

permanent foundationpermanent foundation Contents of structureContents of structure Building in the course of constructionBuilding in the course of construction

Not InsurableNot Insurable

Buildings over waterBuildings over water Unanchored manufactured homesUnanchored manufactured homes Motorized vehiclesMotorized vehicles Gas and liquid storage tanksGas and liquid storage tanks Building principally below groundBuilding principally below ground Machinery and equipment in the openMachinery and equipment in the open

Limited Coverage for Limited Coverage for Basements or EnclosuresBasements or Enclosures

Foundation ElementsFoundation ElementsSpecific itemsSpecific items

-- furnacesfurnaces

-- water heaterwater heater-- circuit breaker boxescircuit breaker boxes-- washers & dryerswashers & dryers-- food freezersfood freezers-- air conditionersair conditioners-- heat pumpsheat pumps

What is a FLOOD?What is a FLOOD? A general and temporary condition of partial or A general and temporary condition of partial or

complete inundation of two or more acres of normally complete inundation of two or more acres of normally dry land area or of two or more properties (at least one dry land area or of two or more properties (at least one of which is the policyholder's property) from: of which is the policyholder's property) from: Overflow of inland or tidal waters; or Overflow of inland or tidal waters; or Unusual and rapid accumulation or runoff of surface waters Unusual and rapid accumulation or runoff of surface waters

from any source; or from any source; or Mudflow; or Mudflow; or Collapse or subsidence of land along the shore of a lake or Collapse or subsidence of land along the shore of a lake or

similar body of water as a result of erosion or undermining similar body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated caused by waves or currents of water exceeding anticipated cyclical levels that result in a flood as defined above."cyclical levels that result in a flood as defined above."

Direct physical loss by or from a Direct physical loss by or from a floodflood

Language is used in all three formsLanguage is used in all three forms

Factors Used For RatingFactors Used For Rating

LocationLocation Amount of insuranceAmount of insurance Lowest Floor Elevation minus Base Flood Lowest Floor Elevation minus Base Flood

ElevationElevation Building typeBuilding type FoundationFoundation Age of construction Age of construction (Pre-FIRM or Post-FIRM)(Pre-FIRM or Post-FIRM)

Pre-FIRM vs Post-FIRMPre-FIRM vs Post-FIRM

Pre-FIRM: Pre-FIRM: Structure constructed prior to community’s Structure constructed prior to community’s initial Flood Insurance Rate Map (FIRM) initial Flood Insurance Rate Map (FIRM) or before 12/31/74or before 12/31/74

Post-FIRM: Post-FIRM: Structure built or substantially improved Structure built or substantially improved after the initial FIRM after the initial FIRM or after 12/31/74or after 12/31/74

Limits of CoverageLimits of Coverage

BuildingsBuildings EmergencyEmergency RegularRegular

Single FamilySingle Family $ 35,000$ 35,000 $250,000$250,000Other ResidentialOther Residential $100,000$100,000 $250,000$250,000Non-ResidentialNon-Residential $100,000$100,000 $500,000$500,000

Contents CoverageContents Coverage EmergencyEmergency RegularRegular

ResidentialResidential $ 10,000$ 10,000 $100,000$100,000

Non-ResidentialNon-Residential $100,000$100,000 $500,000$500,000

Residential Condominium Residential Condominium Building Association PolicyBuilding Association Policy

Covers Building and Common AreasCovers Building and Common Areas $250,000 X Number of Units$250,000 X Number of Units Co-Insurance Provision applies if not Co-Insurance Provision applies if not

insured to 80 % of value or moreinsured to 80 % of value or more Coverage available for individual units and Coverage available for individual units and

contentscontents

FloodFlood Insurance Insurance

RequirementsRequirements

When is When is Flood Insurance Required?Flood Insurance Required?

Property is in Flood Hazard Area but Structure is notProperty is in Flood Hazard Area but Structure is notLender Lender DOES NOTDOES NOT Require Insurance Require Insurance


Structure is in Flood Hazard Area but elevated on natural knollStructure is in Flood Hazard Area but elevated on natural knollLender initially Requires Insurance but builder/buyer may Lender initially Requires Insurance but builder/buyer may

Submit Letter of Map Amendment removing area from floodplainSubmit Letter of Map Amendment removing area from floodplain


Structure is partially in flood hazard areaStructure is partially in flood hazard areaLender Lender ALWAYSALWAYS Requires Insurance Requires Insurance


Structure is in Flood Hazard Area & Not ElevatedStructure is in Flood Hazard Area & Not ElevatedLender ALWAYS Requires InsuranceLender ALWAYS Requires Insurance


Structure is in Flood Hazard Area although elevated on high bluffStructure is in Flood Hazard Area although elevated on high bluffLender initially Requires Insurance but builder/buyer may Lender initially Requires Insurance but builder/buyer may

Submit Letter of Map Amendment removing area from floodplainSubmit Letter of Map Amendment removing area from floodplain


Structure is in Flood Hazard Area but Elevated on FillStructure is in Flood Hazard Area but Elevated on FillInsurance initially REQUIRED but buyer/builder may submit Letter of Map Insurance initially REQUIRED but buyer/builder may submit Letter of Map

RevisionRevision


F2

Structure is in Flood Hazard Area but Elevated on Posts/Piers/PilingsStructure is in Flood Hazard Area but Elevated on Posts/Piers/PilingsInsurance Insurance ALWAYSALWAYS REQUIRED REQUIRED


Structure is located partially in Zone “X” Structure is located partially in Zone “X” Lender Lender DOES NOTDOES NOT Require Insurance Require Insurance


Structure is located in special flood hazard area and partially in floodwayStructure is located in special flood hazard area and partially in floodwayLender Lender ALWAYSALWAYS Requires Insurance Requires Insurance

Contact InformationContact Information

NFIP State Coordinator: TCEQ NFIP State Coordinator: TCEQ Mike Howard, CFMMike Howard, CFM Texas Commission on Environmental QualityTexas Commission on Environmental Quality MC-160, PO Box 13087MC-160, PO Box 13087 Austin, Texas 78711-3087Austin, Texas 78711-3087 (512) 239-6155(512) 239-6155 [email protected]@tceq.state.tx.us


FEMA Region VI Mitigation DivisionFEMA Region VI Mitigation Division Federal CenterFederal Center 800 North Loop 288800 North Loop 288 Denton, Texas 76201-3698Denton, Texas 76201-3698 (940) 898-5178(940) 898-5178 www.dhs.govwww.dhs.gov


National Flood Insurance ProgramNational Flood Insurance Program Diana Herrera or Dorothy MartinezDiana Herrera or Dorothy Martinez NFIP Region VINFIP Region VI 11931 Wickchester Lane, Suite 30411931 Wickchester Lane, Suite 304 Houston, Texas 77043Houston, Texas 77043 (281) 829-6880(281) 829-6880 www.fema.govwww.fema.gov

Documents

Floodplain Management 101 Texas and Federal Laws and the National Flood Insurance Program