Floodplain Management: From a Ground Level Perspective 2015 NCEMA Spring Conference Cherokee, NC March 24, 2015 Presentation by: Terry Foxx, CFM NFIP Planner

Overview To provide participants with a better understanding of floodplain management To provide participants with the knowledge of tools available to them for floodplain management as well as disaster planning To provide participants with a better perspective of the integration of Emergency Management and Floodplain Management

The Who, What, How & Why of Floodplain Administration Important Definitions Who is your floodplain administrator What is your permitting process How are your inspections getting done Why do we not issue variances

Important Definitions “Development” means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. Floodplain Administrator – is the individual appointed to administer and enforce the floodplain management regulations

Special Flood Hazard Areas Zone AE- BFE’s determined – An AE Flood Zone is a 1% Annual Chance of flooding in any given year often referred to as a “100 year flood zone”. Zone AO - Flood depths of 1 to 3 feet (usually sheet flow on sloping terrain; average depths determined Zone V - Coastal flood velocity hazard (wave action); no BFE’s determined. Zone VE, V1-30 - Coastal flood velocity hazard (wave action); BFE’s determined. Zone X – A Zone X flood zone is a 0.2% annual chance or “500-year flood area” and is not regulated

The Floodplain Administrator Who is Responsible for Administering Your Program and Insuring Compliance?

Know Your Local Ordinance!

Regulating Floodplains is a Local Responsibility.

Are You in Compliance? IS your permitting process adequate to meet the requirements of your Ordinance? DOES your process include failsafe checklists? HAVE your reviewed your process lately? DO you provide Floodplain Administration for another jurisdiction? What If?

What Should We Comply to? 44 CFR 59 – 65 Your Local Ordinance Other Local, State or Federal Regulations

How To Comply Follow Your Ordinance Permit Document Inspect

What is a Permit? Document verifying approval of community for development in floodplain, containing: Application form Supporting documents Mandated elevation requirement Signatures – property owner, Flood plain Administrator (FPA) PERMIT Pause a few seconds for learners to read slide A permit is one outcome of the application process. An application can also be denied and no permit issued. Look at the final bullet point. The permit will provide clear information about elevation requirements for the development.

What Does a Permit Do? Communicates development requirements Describes construction expectations Authorizes start of development States required actions at specific times or phases during construction Serves as legal record of development Pause a few seconds for learners to read slide Most permits will be fairly simple. If requirements are complex, those need to be stated clearly so contractors are informed. Also, it may be more practical in your community to issue different permits, authorizing different phases of construction, if development is complex. A permit authorizes the start of development. The minute a contractor has permit in hand, construction is likely to start. If certain requirements need to be met before construction begins, don’t issue the permit until you’re satisfied requirements have been met. 13

Permit Application Review Process Is application package complete? Does package comply with technical requirements? Based on 1 and 2, approve or deny. Once approved, inspect the site/work. Pause a few seconds for learners to read slide Inspections are often overlooked, but they are very important, especially during construction, and at final completion. While under construction, potential violations can be remedied much more easily.

Key Points for Permits Can be very simple Should state: If structure will be in floodplain or floodway What elevation requirements are Post permit at construction site Info for inspectors Confirms valid permit Pause a few seconds for learners to read slide Floodplain development permits do not have to be complicated. They simply need to state whether the proposed structure will be in the floodplain, and if so, what the elevation requirements are. Refer participants to the example permits that are part of the participant notebook materials. 15

Inspections In-house Other Agency - via Interlocal Agreement Documentation is VITAL

If owner is problem… Use penalty and police powers in ordinance. Issue stop-work order. Inform violator of violation, fines, expected response, specific response date. Pause a few seconds for learners to read slide Using official channels to notify about the violation is important, such as certified mail. This provides back-up documentation in case the violation has to go to court. The notification should include specific reference to the violated section of the floodplain management ordinance and a statement about the location and nature of the violation. The property owner needs to be notified of possible fines and other actions that the community can take to assure compliance. The owner should also be notified about what you expect them to do to remedy the violation and date for compliance. 17

If community goofed… Own up to it. Notify owner of violation. Discuss remedial actions with owner. Consider filing “Errors & Omissions” claim. Explore all practicable remedies. Use State NFIP Representatives & FEMA as resources. Pause a few seconds for learners to read slide Sometimes a community can fail to implement its own ordinance. The key is to admit the error as soon as it’s found, so that remedial action can be taken right away. It can be worthwhile to file an “errors and omissions” claim, in case the oversight is covered by that insurance. The violation needs to be corrected, regardless of where the money comes from to pay the costs of remediation. All remedies need to be explored, even if it means that the community buys the structure in order to remove or relocate it. 18

Compliance Checklist Review all development proposals Use floodplain maps and studies Educate community Advise builders of requirements Assure that everyone obtains permits Inspect for compliance Maintain records, including “as-builts” Pause a few seconds for learners to read slide This slide lists the activities that will help the local floodplain administrator to keep his or her program in compliance with the NFIP. This list includes activities where the Floodplain Administrator is the recipient, such as when we take in permit applications. It also includes activities where the Floodplain Administrator is the initiator, such as educating the community, working proactively with builders, and doing spot inspections. The last item on the list. Record-keeping was discussed as part of the everyday activities of the floodplain administrator. Here it shows up again. Keeping documentation to support decisions becomes evidence of the work done to insure compliance. 19

In Review Did you follow your ordinance? Permits Elevation Certificates Inspections Correcting violations Avoid FEMA’s Actions for Non-Compliance This concludes UNIT III, before we review, let’s go over some housekeeping. The answers to the Permit Required Exercise and the What Do You Recommend Exercise can be found at the back of your notebooks under the Exercises – Answer Key tab. Pause a few seconds for learners to read slide ? What questions do you have at this point about the material we just covered in this UNIT? What is still ‘muddy’ to you in these topics? NOTE: Avoid asking “Do you have questions?” This seeks a Yes-No response and may discourage people from admitting they do have questions. If the questions are covered in later units, tell participants that. Also, write a brief note about the question in the Parking Lot on the flip chart so it can be recalled and answered at the right moment. If the questions are off-topic or relate to a specific community’s concerns, you can also write these on the Parking Lot and comment that you can discuss with the questioner outside of class. If a question arises that you can’t answer, write this on the Parking Lot and let the questioner know you’ll find out and get back to them after the class is over. Remember that the box around the page number in the bottom right corner will take you back to the list of topics for UNIT IV if you are presenting the topics in a different order than designed.

Variances Grant of relief from requirements of floodplain development ordinance Permits construction in a manner that would otherwise be prohibited Stays with property if sold Not relief from flood insurance! Granted by local governing body Pause a few seconds for learners to read slide ? How many of you are familiar with variances of sections of your community ordinances from your work in other areas, such as building inspection? <Hold your hand up to encourage a show of hands> Variances are for situations where strict application of the floodplain management code would cause a real hardship for the property owner. An example might be a property on a slope at the edge of a lake, with a very thick overhanging rock ledge. The ledge prevented the property owner from being able to build even a one-story structure above the BFE. The governing body such as the city council or township commissioners are the ones who grant a variance, with input from the Floodplain Administrator and sometimes from a planning commission. Look at the underlined bullet point. Property owners may need to be reminded that flood insurance is still required for the property if it’s in a Special Flood Hazard Area. And, the variance may make flood insurance more costly. Property owners may re-consider once they discover the cost of the flood insurance with a variance. 21

Key to Valid Variance “Unnecessary hardships” Loss of all beneficial or productive use Deprivation of reasonable return on property Rendering property valueless Inability to develop property in compliance with the regulations Reasonable use cannot be made consistent with regulations Pause a few seconds for learners to read slide The key words to know for variances are “unnecessary hardship.” The next few slides will provide 3 examples of situations where a variance was requested. You will get a chance to think about your recommendation, then we’ll review the actual solution in each case. 22

Insufficient Reasons for a Variance Less than drastic depreciation of property Convenience of property owner Circumstances of owner not the land To obtain better financial return Property similar to others in neighborhood Hardship created by owner’s own actions Pause a few seconds for learners to read slide There are situations where a property owner will request a variance, but there really is no good reason for the variance. Requesting a variance to build below BFE puts more than the property owner at risk. If flooding occurs, it will be firefighters, police, or other rescue personnel who are at risk to save a person in the residence. For example, it may seem unkind to tell a person in a wheelchair that they have to build to BFE when it results in a long ramp to reach the house. However, consider how much harder it would be to rescue this person if the home was built below BFE. 23

ARE YOU MAINTAINING FLOODPLAIN MANAGEMENT DOCUMENTS IN PERPETUITY?

FRIS – Flood Risk Information System IRISK – Integrated Hazard Risk Management FEMA Technical Bulletins

FLOOD RISK INFORMATION SYSTEM FRIS – How to Access the Data http://fris.nc.gov/fris/Home.aspx?ST=NC

FRIS DFIRM Display

Integrated Hazard Risk Management (iRisk)

IHRM Scope: Hazard Identification Identifies and displays all natural hazards at different magnitude levels / annual frequency on the parcel, statewide, and national level for: Riverine flooding Dam failure Levee failure Coastal flooding Storm surge from hurricanes Coastal erosion Landslides Earthquakes Coastal erosion Landslides Earthquakes Wind (straight line/hurricane) Tornadoes Wildfire Snow/Ice, Hail Drought Sea Level Rise

HAZARD / VULNERABILITY iRISK Capabilities Risk Assessment Hazard Probability Vulnerability / Consequences Mitigation Tool Digital Data Download Robust Digital Flood Tools and Print-on-Demand Hard Copy FIRMs Functionalities 15 Natural Hazards Identification Generation of Mitigation Plan Template All FIS and FIRM Components Property Address Lookup Regulatory Equivalent Map Print on Demand functionality Urban Vulnerability BFE Determinations Flood Insurance Study (FIS) Download Indirect Economic Impacts Additional Functionality Terrain Data Download Base Map Download Enhanced Risk Communication Consequence Communication BCA Analysis Personal Mitigation Methods Enhanced Print on Demand Integrated Risk Information System STATEWIDE BASE DATA Elevation Imagery Hydrography Transportation Boundaries DIGITAL DISPLAY (D2E) FIS – Digital Environment LOMC–Digital Environment FIS – Digital Display Flood Map – Digital Display Mapping – Digital Specs Enhanced Eng. & Inventory FMIS Engineering & Inventory Flood Mapping HAZARD / VULNERABILITY Hazard Probabilities 15 Hazard Polygons CI/KR Building Footprints First Floor Elevations Parcels RISK / MITIGATION Direct Physical Damage Indirect Economic Impact Annual Loss Estimates Enhanced Risk Rasters Risk Assessments Urban Vulnerability Mitigation BCA / ROIs

IHRM Scope: Hazard Identification Identifies and displays all natural hazards at different magnitude levels / annual frequency on the parcel, statewide, and national level for: Riverine flooding Dam failure Levee failure Coastal flooding Storm surge from hurricanes Coastal erosion Landslides Earthquakes Coastal erosion Landslides Earthquakes Wind (straight line/hurricane) Tornadoes Wildfire Snow/Ice, Hail Drought Sea Level Rise

NFIP Technical Bulletins Revised TB-1, TB-2, TB-4, TB-5 and TB-9 Each cites the I-Codes Notes insurance implications

Integrating Emergency Management & Floodplain Management

Property Protection Mitigation Methods Modify existing structures/ infrastructure to protect from hazards or remove from hazard area Examples: Acquisition/Relocation Elevation Retrofits Floodproofing Storm shutters

Unified Hazard Mitigation Assistance Grant Programs FEMA’s Hazard Mitigation Assistance (HMA) Program introduces five mitigation grant programs available to alleviate the risk to individuals and property from natural hazards while simultaneously reducing reliance on Federal disaster funds.

HMA Grant Programs Hazard Mitigation Grant Program (HMGP) HMGP is authorized by Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (the Stafford Act), Title 42, United States Code (U.S.C.) 5170c. The key purpose of HMGP is to ensure that the opportunity to take critical mitigation measures to reduce the risk of loss of life and property from future disasters is not lost during the reconstruction process following a disaster. HMGP is available, when authorized under a Presidential major disaster declaration, in the areas of the State requested by the Governor. The amount of HMGP funding available to the Applicant is based upon the estimated total Federal assistance to be provided by FEMA for disaster recovery under the Presidential major disaster declaration. Pre-Disaster Mitigation Grant (PDM) The PDM program is authorized by Section 203 of the Stafford Act, 42 U.S.C. 5133. The PDM program is designed to assist States, Territories, Indian Tribal governments, and local communities to implement a sustained pre-disaster natural hazard mitigation program to reduce overall risk to the population and structures from future hazard events, while also reducing reliance on Federal funding from future disasters. Flood Mitigation Assistance Grant (FMA) The FMA program is authorized by Section 1366 of the National Flood Insurance Act of 1968, as amended (NFIA), 42 U.S.C. 4104c, with the goal of reducing or eliminating claims under the National Flood Insurance Program (NFIP).

“Hazard Mitigation Saves” Report available at www.nibs.org/MMC/mmcactiv5.html Independent study of FEMA grants $1 in mitigation -> $4 saved 220 lives and 4700 injuries over 50 yrs.

In Summary Follow your ordinance and your permitting process Inspect & Document Correct Violations Don’t issue variances Work Together Use your tools This concludes UNIT III, before we review, let’s go over some housekeeping. The answers to the Permit Required Exercise and the What Do You Recommend Exercise can be found at the back of your notebooks under the Exercises – Answer Key tab. Pause a few seconds for learners to read slide ? What questions do you have at this point about the material we just covered in this UNIT? What is still ‘muddy’ to you in these topics? NOTE: Avoid asking “Do you have questions?” This seeks a Yes-No response and may discourage people from admitting they do have questions. If the questions are covered in later units, tell participants that. Also, write a brief note about the question in the Parking Lot on the flip chart so it can be recalled and answered at the right moment. If the questions are off-topic or relate to a specific community’s concerns, you can also write these on the Parking Lot and comment that you can discuss with the questioner outside of class. If a question arises that you can’t answer, write this on the Parking Lot and let the questioner know you’ll find out and get back to them after the class is over. Remember that the box around the page number in the bottom right corner will take you back to the list of topics for UNIT IV if you are presenting the topics in a different order than designed.

Western Deer Stand

QUESTIONS?

THANK YOU for having me today! terry.foxx@ncdps.gov 828.228.8526 * 07/16/96 THANK YOU for having me today! terry.foxx@ncdps.gov 828.228.8526 *