Floodplain Regulations Committee

Michael Powell, CFM
Delaware DNR
89 Kings Highway
Dover, DE 19901
302-739-9921 / FAX 302-739-6724
michael.powell@state.de.us

George Meyers, CFM
Ohio DNR - Div of Water
2045 Morse Rd., Bldg B-2
Columbus, OH 43226
614-265-6635 / FAX 614-447-9503
george.meyers@dnr.state.oh.us

Lisa Jones
South Carolina DNR
1000 Assembly St., Rm 345C
Columbia, SC 29202
803-734-9120 / FAX -9106
jonesls@dnr.sc.gov

Links

1. National Flood Insurance Program – What is floodplain management?

2. Floodplain Management Requirements – Study guide / desk reference for local officials.

3. Summary of legal challenges to floodplain regulations. (.pdf)

4. No Adverse Impact - a new direction in floodplain management. (.pdf)

5. Power Point presentation on No Adverse Impact and why NAI is critical. (.ppt)

6. No Adverse Impact Toolkit for Local Officials. (.pdf)

7. Maricopa County – Flood Control District’s Floodplain regulations. (.pdf) Maricopa County’s Floodplain Regulations are included as an example of local regulations which exceed the minimum federal requirements.

8. Link to Code of Federal Regulations: NFIP Floodplain Management Regulations.

9. FEMA Regulations – This link provides a comprehensive listing of those regulations which govern the National Flood Insurance Program.

10. EPA – This link provides a comprehensive list of Executive Orders which establish floodplain/wetland protection and conservation measures to be observed by Federal departments/agencies.

11. FEMA’s Mitigation Best Practices Portfolio - This portfolio is a collection of ideas, activities/projects, funding, and regulatory sources that can help reduce or prevent the impacts of disasters.

12. FEMA’s Community Rating System (CRS) – The NFIP’s CRS is a voluntary incentive program that recognizes and encourages community floodplain management activities that exceed the minimum NFIP requirements. The following website provides resources which aid communities in the development of more stringent floodplain ordinances compliance with the CRS.

CRS Manual

Comparison of Minimum NFIP Requirements to Higher Regulatory Standards

The following list provides links to the floodplain regulations of the top four CRS communities:

Class 1: Roseville, CA – (Chapter 9.80)

Class 2: Tulsa, OK

Class 3: King County, WA

Class 4: Fort Collins, CO

13. NOAA’s Ocean and Coastal Resources Management – The following link provides a bibliography of papers, reports, websites and other resources on a variety of shoreline management topics including regulatory approaches and model ordinances.

14. State of North Carolina – The State of North Carolina has developed model ordinances that enforce higher regulatory standards. The model ordinance and Guidebook Safer Development in Floodprone Areas – A Guidebook for Community Officials.

2007 - 2008 Goals and Objectives

The ASFPM Floodplain Regulations Committee met on Monday June 4, 2007 at the ASFPM annual conference in Norfolk, VA. The following is a summary of the Committee goals and objectives established at the meeting, and through subsequent Committee Co-Chair discussion.

1. Provide recommendations to the Federal Emergency Management Agency for regulatory improvements to the National Flood Insurance Program stemming from the Recently Completed National Flood Insurance Program Evaluation Final report. A copy can be found here: http://www.fema.gov/business/nfip/nfipeval.shtm

a. Adoption of higher regulatory standards and no adverse impact floodplain management principles
b. Clarification of existing regulations
c. Incorporation of policies into regulation where appropriate

2. Build on the State Floodplain Management Executive Order survey taken in May, 2007. Summarize existing responses and solicit additional state surveys (only 12 so far).

3. Continue working on white papers with coordination through the Mitigation Pod.

a. Higher regulatory standards
b. Floodway
c. Critical facilities

4. Explore possible conflicting or unclear regulations, building codes and policies regarding the use of fill in coastal areas. Summarize examples of regulations which discourage sound floodplain management practices, or “disconnects” between flood insurance rates and safe construction.

5. Monitor community implementation of Advisory Base Flood Elevations in Gulf Coast areas recovering from Hurricane Katrina, and elsewhere. The specific focus will be on how regulations are use to mandate the use of advisory base flood elevations.

6. Update Floodplain Regulations Committee web page on Floods.org to include a list of website resources for floodplain regulations, higher regulatory standards, and example of Nor Adverse Impact regulations. Also, update other content on the Regulations Committee web page.

2006 - 2007 Status Report

Committee Activity

The Floodplain Regulations Committee met on June 12, 2006 at the annual conference in Albuquerque, NM. Also, the Committee participated in an ASFPM Policy Committee retreat in Rhode Island October on 28-30. 2006.

Current Committee Topics

• Higher Regulatory Standards White Paper.
• Survey of State Floodplain Management and Hazard Mitigation Executive Orders

On May 4, 2007 a survey was sent to all State NFIP Coordinators and State Hazard Mitigation Officers. This survey requested information on Executive Orders related to Hazard Mitigation and Floodplain Management.

• Floodplain/floodway White Paper
• Critical Facilities White Paper
• FEMA review of “automatic adoption” clauses in local floodplain regulations.
• Comments on LOMA-EZ (Federal Register / Vol. 72, No. 76 / Friday, April 20, 2007.)
• Update on Repetitive Loss Mitigation Legislation and Regulations.
• National Flood Insurance Program Evaluation. The document is here: http://www.fema.gov/business/nfip/nfipeval.shtm
• V-Zone fill and free-of-obstruction issues.

The Committee has been asked to look into potential conflicts with the way different regulations/codes/guidance docs treat certain V-Zone fill/obstruction issues. The concern is over outcomes which actually cause the potential for additional vulnerability.

• Update of National Flood Programs in review. The current version of this document is here: http://www.floods.org/PDF/2000-fpr.pdf

2007 Committee Meeting

The 2007 Floodplain Regulations Committee Meeting was held at 10:30 a.m. on Monday June 4, 2007 at the ASFPM Annual Conference in Norfolk, VA.

February 9 UPDATE: The Committee is currently preparing comments on FEMA's Proposed Technical Bulletin 10-00 "Ensuring that structures built in or near Special Flood Hazard Areas are reasonably safe from flooding."
Those who wish to contribute comments should e-mail them to Michael Powell

Read Proposed Technical Bulletin 10-00