FLOODPLAIN MANAGEMENT AND FLOOD ZONE MAPPING

Prepared for:2019 Real Estate Symposium

September 19, 2019

J.R. EVANS ENGINEERING

Elizabeth Fountain, P.E., CFM▪ Bachelor of Science, Civil Engineering

▪ Florida Registered Professional Engineer (PE)

▪ Certified Floodplain Manager (CFM)

▪ Over Eighteen (18) Years of Experience

Company Background▪ Provides professional services in floodplain management, flood zone/map

modifications, hydrologic restoration projects and land development design and entitlement.

▪ Successfully performed work for the public and private sectors.

▪ Maintained a 100% approval record for FEMA map modifications, by determining realistically and in advance where is feasible a map change.

▪ Staff of Certified Floodplain Managers (CFM’s)

Background

NATIONAL FLOOD INSURANCE PROGRAM (NFIP)

In 1968, Congress created the National Flood Insurance Program (NFIP) to help provide ameans for property owners to financially protect themselves. The NFIP offers flood insuranceto homeowners, renters, and business owners if their community participates in the NFIP.

FLOOD INSURANCE RATE MAP (FIRM)

The official map of a community within the United States that displays special hazard areasand risk premium zones, as delineated by the Federal Emergency Management Agency(FEMA). The FIRM is used to establish flood insurance rates for properties.

BIGGERT-WATERS FLOOD INSURANCE REFORM ACT 2012 (BW-12) & HOMEOWNER FLOOD INSURANCE AFFORDABILITY ACT OF 2014 (HFIAA)

▪ July 2012, the U.S. Congress passed the Biggert-Waters Flood Insurance Reform Act of 2012 (BW-12)with intent of putting the National Flood Insurance Program (NFIP) on a more solid financial footing.

▪ On March 21, 2014, the President signed the Homeowner Flood Insurance Affordability Act of 2014(HFIAA) into law.

▪ The HFIAA is the latest NFIP reform that modifies some of the changes made under the BW-12. Thecore of BW-12 is still there and the HFIAA should be seen as making additional changes to BW-12 andnot as a wholesale repeal of the legislation.

▪ The HFIAA makes the following changes related to flood insurance:

❖ Repeals full-risk rate triggers for per-FIRM properties in high-risk areas (and Zone D)

❖ Requires gradual rate increases for subsidized policies instead of immediate increases to full-risk rates.

❖ Requires to increase premiums for most subsidized properties by no less than 5 to 15% annually and nomore than 18% annually for an individual policy holder until the premium reaches full risk rate.

BIGGERT-WATERS FLOOD INSURANCE REFORM ACT 2012 (BW-12) & HOMEOWNER FLOOD INSURANCE AFFORDABILITY ACT OF 2014 (HFIAA)

▪ Policies that will continue to see a 25% annual increase as required by BW-12 are:

❖ Older business properties with subsidized rates;

❖ Older non-primary residences insured with subsidized rated;

❖ Sever Repetitive Loss Properties with subsidized rates; and

❖ Buildings that have been substantially improved or damaged.

▪ Enables purchasers of property to retain Pre-FIRM rates.

▪ Applies mandatory surcharges to all policies: $25 per primary residence; $250 for all other policies.

▪ BW-12 Section 207 (the elimination of grandfathering) was replaced with a new grandfathering sectionthat established a new, slower path to full-risk rate for some properties. For properties newly mappedinto a SFHA after March 21, 2014, the first-year premium is set at the same rate offered to propertieslocated outside the SFHA.

▪ FEMA is continually providing guidance on the implementation of the HFIAA.

▪ Newest Updates to the NFIP Program occurred in January and April 2019.

• Updated Premium Rates: Premiums will increase by an estimated average of 8.2% tocomply with the requirements of the Biggert-Waters Flood Insurance Reform Act of 2012(BW-12) and the Homeowner Flood Insurance Affordability Act of 2014 (HFIAA)

• Severe Repetitive Loss (SRL) Premium: FEMA will introduce an SRL premium of 5% forpolicies covering properties with an SRL designation

• Primary Residence Guidance: Will allow a 2-4 Family building to be a primary residencefor the purpose of assessing the HFIAA surcharge

• Declarations Page Requirement to Clear Communication of Risk: The Write Your Owncompanies and NFIP Direct Servicing Agent are required to include the following messageon the Policy Declarations page: "Refer to www.fema.gov/cost-of-flood for moreinformation about flood risk and policy rating"

NFIP Changes Effective April 1, 2019

Most notable updates are:

Flood Zone Mapping in SWFL

• Current Effective Flood Maps (FIRMs):• Lee County:

• Last Full County Revision in August 2008;

• Subsequent Revision to Specific Rivers/Canals in December 2018.

• Collier County: • Last Full County Revision in May 2012.

Example of FIRM

White Lines Represent Change in Flood Zone

(EL XX) = Base Flood Elevation (BFE)

FLOOD ZONE DESCRIPTIONS

▪ VE Zone: High Risk Zone with Additional Hazard; Coastal Area; Coastal areas with a 1% orgreater chance of flooding and an additional hazard associated with storm waves. Incommunities that participate in the NFIP, mandatory flood insurance purchase requirementsapply to this zone. Florida Building Code (FBC) and FEMA regulate specific designconstruction requirements for buildings located within this zone.

▪ AE Zone: Moderate to High Risk Zone; The base floodplain where base flood elevations areprovided. In communities that participate in the NFIP, mandatory flood insurance purchaserequirements apply to this zone.

▪ X Zone: Low Risk Zone; Area of moderate flood hazard, usually the area between the limitsof the 100-year and 500-year floods. This zone is not considered a Special Flood Hazard Area(SHFA). In communities that participate in the NFIP, flood insurance is available to all propertyowners and renters in this zone. Flood insurance purchase requirements are not applicable toproperties within this zone.

Potential County-wide Updates (Coastal)• FEMA has been working on a new coastal study for southwest Florida and

includes the following Counties:

o Sarasota

o Charlotte

o Lee

o Desoto

o Hendry

o Collier

• Coastal study includes an update to the regional storm surge modeling, usingmore recent topographic and bathymetric data, storm data, etc.

• Week of September 9th, 2019, FEMA conducted Public Open House meetings toinform the public of the coastal study and Preliminary Flood Maps for LeeCounty.

• FEMA will issue a Federal Register Notice to inform the public of the PreliminaryFIRMs and Study documents. Once the Federal Register notice is completed,FEMA will provide notice of the 90-day appeal period.

Elements of Coastal Flooding

➢ Lee County Preliminary FIRMs include the mapping of the LiMWA boundary. LiMWA stands for “Limit of Moderate Wave Action” and represents the area in which the coastal waves are between 1.5 feet and 3.0 feet in height above the 100-year Stillwater Elevation.

➢ LiMWA represents the limit of the “Coastal” Zone A.

➢ This new boundary will affect coastal construction requirements.

Elements of Coastal Flooding- LiMWA

➢ New buildings located within the LiMWA boundary, VE Zone construction requirements will be applicable per Florida Building Code (FBC). The requirements include (not limited to) the following:• Habitable Floor Elevated to Base

Flood Elevation (BFE).• Break-away Walls with Proper

Venting for Enclosures• Limits on Enclosure Uses

➢ No Federal Insurance regulatoryrequirement tied to LiMWA, at thistime.

Opportunities to Update the FIRM

The Effective FIRM can be updated through a Letter of Map Change (LOMC)Process. A LOMC is a letter that reflects an official revision and/or anamendment to an effective FIRM, which as various uses. If a property ownerthinks their property has been inadvertently mapped in a SFHA, propertyowners or their representatives may submit a request to FEMA for a LOMC.There are several types of LOMCs – amendments, revisions and conditionalrevisions.

Flood insurance premiums may be substantially reduced through this process.

LETTER OF MAP CHANGES (LOMC) & ALTERNATE SOLUTIONS

▪ LOMR - Letter of Map Revision

▪ CLOMR - Conditional Letter of Map Revision

▪ LOMR-F – Letter of Map Revision Based on Fill

▪ LOMA - Letter of Map Amendment

▪ V-ZONE - Risk Rate Factor Rating Form Evaluation

▪ FLOOD PROTECTION ANALYSIS – Improved Risk Assessment

LETTER OF MAP REVISION (LOMR)

A determination letter from DHS-FEMA that officially revises the current FloodInsurance Rate Map (FIRM) to reflect changes to the flood zone boundaries,floodways or flood elevations based on more accurate data and analysissubmitted by qualified professionals.

Villas Raphael and The Sea House LOMR ~ City of Naples, FL

The LOMR revised the flood zone designation for the properties from a high risk “VE” zone toa much lower risk “AE” zone which resulted in a significant savings in their annual floodinsurance premiums. The combined initial annual savings was over $40,000!

The Beach Tower at Moraya Bay LOMR ~ Naples, FL

The LOMR revised the flood zone designation for theproperty from a high risk “VE” zone to a much lower risk“AE” zone which resulted in a significant savings in theirannual flood insurance premium of approximately$180,000.

The Royal Seafarer Condominium LOMR ~ Marco Island, FL

The LOMR revised the flood zonedesignation for the property from a highrisk “VE” zone to a much lower risk “AE”zone.

Resulted in a significant savings in their annual flood insurance

premium in the amount of $35,000.

CONDITIONAL LETTER OF MAP REVISION (CLOMR)

A determination letter from DHS-FEMA that comments on whether aproposed project, if built as proposed, would meet minimum NationalFlood Insurance Program (NFIP) standards, including changes to the floodzone boundaries and/or base flood elevations. Once the project is builtand certified, “as-built” or “record” LOMR is facilitated through FEMA toofficially revise the FIRM.

Wyndham Grand CLOMR ~ Clearwater Beach, Florida

Project involved preparing a CLOMR request for acceptance of the revisions to the VE flood zoneboundaries with the installation of a seawall along the property boundary. This allowed theproposed hotel resort building to be designed as an AE zone building. The implementation of theproposed wall provides for additional protection and mitigation of flood risks to the property site andproposed building. The change in the flood zone designation also resulted in a savings of $0.5 millionin design and construction costs.

New Wall Location

LETTER OF MAP REVISION BASED ON FILL (LOMR-F)

A determination letter from DHS-FEMA stating that an existing structure or parcel of land that has been elevated by fill would not be inundated by the base flood event. This applies to newly developed parcels that were already mapped in a Special Flood Hazard Area (SFHA) prior to construction/development.

Camden Lakes LOMR- F ~ Naples, FL

Provided floodplain management services to prepare and process LOMR-F applications for al of thelots within the Camden Lakes development once fill was in place. This effort and LOMR-F approvalremoved the lots from the Special Flood Hazard Area (SFHA) and eliminated the requirement offlood insurance, which greatly benefited the sales of the properties.

LETTER OF MAP AMENDMENT (LOMA)

A determination letter from DHS-FEMAstating that an existing structure orparcel of land is located above the baseflood elevation and therefore notconsidered in the moderate to high riskflood zone.

Villages of Monterrey Community LOMA ~ Naples, FL

The Villages of Monterrey Community LOMA included a total of 64 single-family structures, whichwere approved for removal from the Special Flood Hazard Area or flood zone, resulting ininsurance savings for those residences that participated.

Lemuria Community LOMA ~ Naples, FL

Provided floodplain management services to map and facilitate a LOMA for the multifamilycommunity. The effort included a total of 12 buildings (including the Clubhouse) being approved forremoval from the Special Flood Hazard Area, resulting in insurance savings for those residences. Theeffort included a “parcel/property” type LOMA for 6 of the buildings and “structure” LOMAs for theremaining 6 buildings.

V-ZONE RISK FACTOR RATING EVALUATION

V-Zone Risk Factor Rating Form Evaluation: A certification form used toprovide insurance premium discounts to those structures that exceed theminimum NFIP siting, design and construction requirements for the V-Zonedesignation.

FLOOD PROTECTION ANALYSIS

In cases where a Letter of Map Change is not applicable or feasible, there are stillopportunities to either correct or improve their flood risk assessment with FEMAbased on certain criteria related to the building's construction specifications ortype. In some cases, minor improvements can be implemented to the buildings,such as the installation of proper flood venting, which will result in a morefavorable risk rating on the flood insurance policy.

ARIA ~ Naples, FL

J.R. Evans Engineering has successfully assisted the Aria Condominium Association in Naples, Florida,with correcting their flood risk assessment with FEMA, which significantly decreased their annual floodinsurance cost.

ALTERNATIVE SOLUTIONS TO CONSIDER

▪ Mitigation Activities/Improvements

- Use Breakaway Walls

- Proper Flood Vents for Enclosures

▪ Flood proofing of Non-Residential Buildings- Flood Panels- Elevating Equipment Servicing Building

CHATEAUMERE ROYALE Condominium ~ Pelican Bay, Florida

J.R. Evans Engineering Provided flood protection analysis to evaluate the buildings' floodrisk assessment and determine potential improvements for lowering the risk and insurancepremium. Based upon our analysis, proper flood venting was designed, permitted andinstalled for the lower garage storage areas which allowed the building to be rated basedupon the next highest floor. This resulted in a significant decrease in the flood insurancepremium.

Things to Remember

• New Coastal Study and Preliminary FIRMs issued for Lee County. ▪ Property owners, realtors, developers, stakeholders should be aware of

the potential changes.

▪ There will be a 90-day appeal period to provide comments and technically-based appeals to FEMA for consideration.

▪ Potential for new construction requirements for buildings located within the “Coastal A Zone” defined by the new LiMWA boundary.

• There are opportunities to update the Effective FIRM through the appropriate LOMC process.

• There are options to mitigate flood risk to properties such as with elevation, proper flood-proofing and other facilities.

THANK YOU

ANY QUESTIONS