1. Basic NFIP Requirements and Local Government Responsibilities
Tennessee Association of Floodplain Management July 27, 2011 Montgomery Bell State Park Roy McClure, DHS/FEMA Region IV

2. A Little History National Flood Insurance Act, 1968
Flood Disaster Protection Act, 1973
National Flood Insurance Reform Act, 1994
National Flood Insurance Reform Act, 2004

3. National Flood Insurance Act
1968
Hazard Identification.
Communities must adopt and enforce a land use ordinance which meets NFIP minimum standards in order to participate.
Flood insurance made available within participating communities.

4. Flood Disaster Protection Act
1973
Represented significant expansion of provisions and national impact of the NFIP
Required acceleration of flood insurance studies.
Required notification of communities of floodplain identification.
Created the mandatory purchase requirement relative to federally-backed loans.
Required participation in the NFIP as a condition for most types of federal financial assistance, including disaster assistance.

5. Mandatory Purchase of Flood Insurance
Improved real property or manufactured home in Special Flood Hazard Areas. Required when making, increasing, renewing or extending a loan.

6. National Flood Insurance Reform Act
1994
Increased lender compliance. Increased flood insurance coverage. Increased policy waiting period. Created Increased Cost of Compliance coverage. Created Flood Mitigation Assistance Program.

7. National Flood Insurance Program
Provides flood insurance at a reasonable cost in exchange for careful management of flood-prone areas in local communities. Policies are available only in communities that adopt and enforce local floodplain management ordinances.

8. National Flood Insurance Reform Act 2004
Established the repetitive flood claims and the severe repetitive loss grant programs

9. National Flood Insurance Program
Partnership among local, State, and Federal government
Partnership with insurance industry
Mapping identified flood hazard areas
Minimum Federal floodplain management regulations
Flood insurance

10. Federal Role
Flood risk identification. Establish development/building standards. Provide affordable flood insurance coverage.

11. Governing Regulations
Executive Order 11988
Flood Damage Prevention Ordinances
State/Local Building Codes
Coastal Zone Management Regulations
Erosion and Sediment Control
Special Purpose Ordinances

12. State Role
Establish development/building standards. Provide technical assistance to local communities. Under partnership with FEMA, evaluate and document community floodplain management programs.

13. Local Role
Adopt floodplain management laws in compliance with Federal/State laws. Issue or deny development/building permits. Inspect development and maintain records.

14. Who Can Purchase Flood Insurance?
Anyone in a NFIP participating community can purchase flood insurance. Any eligible structure in any flood zone.

15. Flood Insurance vs. Disaster Assistance
* Flood insurance pays without a presidential disaster declaration
* Provides coverage
* Allows quicker flood loss recovery
* Puts the property owner in control
* Disaster assistance available after presidential declaration
* Most disaster assistance is a loan that must be repaid with interest - in addition to the existing mortgage

16. Nine Fundamental Duties
Review Applications Provide Base Flood Data Review Plans and Specifications Ensure that All Other Permits are Obtained Notification of Watercourse Alterations
Issue or Deny Permits
Inspect Development
Record Keeping
Remedy Violations

17. Duty #1 - Review Applications
Reviews and evaluates development permit applications; Determine if development is proposed for a SFHA. Is the proposed development in a designated floodway? Approximate A Zone (No BFE)?

18. Definitions Special Flood Hazard Area Base Flood
The flood having a 1% probability of being equaled or exceeded in any given year.
Special Flood Hazard Area
The area on a FHBM or a FIRM which is subject to the Base Flood. The darkly shaded areas are shown as zones A, AO, AH, A1-30, AE, A99, V, V1-30, and VE.

19. 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.”

20. Definitions
Floodway
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
Also referred to as the “Regulatory Floodway.”

21. Duty #2 - Base Flood Data
Interprets floodplain boundaries. Provides base flood elevation data, when available. Requires study to determine a BFE if the proposed development exceeds 5 acres or 50 lots.

23. FLOODWAY SCHEMATIC FLOODWAY + FLOODWAY FRINGE = 100-YEAR FLOODPLAIN
SURCHARGE
FLOODWAY + FLOODWAY FRINGE = 100-YEAR FLOODPLAIN
SURCHARGE NOT TO EXCEED 1.0 FOOT

24. Flood Insurance Risk Zones
Zone A
Zone AE
Zone V
Zone VE
Zone X
Zone D

25. Duty #3 - Plans and Specifications
Reviews plans and specifications for conformance with NFIP floodplain management criteria... Site plan Foundation design details Thoroughly notated plans

26. Proposed Site Plan Septic 333.9 x 333.1 x RIVERSIDE DRIVE BFE 332
Well
Gas

27. Duty #3 - Foundation Plan
BFE
NGVD
2” x 10” JOISTS 16” O.C.
3 - 2” x 10”
GIRDER
PIER (TYPICAL)
MAX 1 FT
FOOTING
8” x 8” x 16”
BLOCK
FOUNDATION PIER
TYPICAL FOUNDATION WALL OPENING
16” x 8”
BOTTOM OF OPENING 8” ABOVE GRADE
ENCLOSED AREA 1500 SQUARE FEET
NET AREA OF 12 OPENINGS 1500 SQ-IN
CONTINUOUS
FOOTING
FOUNDATION WALL
FOUNDATION SECTION
CRAWL SPACE FOUNDATION

28. Duty #4 - Other Permits
Advises applicant of other permits or approvals that may be necessary... Federal (COE Wetlands) State (TDEQ) Local (Septic)

29. Duty #5 - Watercourse Alterations
Provides required notifications of changes in existing watercourses to...
FEMA
Tennessee Dept of Economic and Community Development (NFIP State Coordinating Office)
Adjacent Communities

30. Duty #6 - Permits
Issues permit Conditionally approves permit Denies permit

31. Duty #7 - Inspections
Inspects development in progress to field check development location and verify that development conforms with approved plans... Setback from floodway Foundation construction Flood resistant materials requirements Utilities and other service facilities Proper Openings

32. Openings

33. Duty #8 - Record Keeping
Maintains SFHA development records... Application Records/Permit Records Inspection Records Compliance Records (Elevation Certificates, Variance Actions, and floodway “No Impact Studies”) Letters of Map Changes (LOMA/LOMR)

34. Duty #9 - Remedy Violations
Investigates violations and takes appropriate action... Bring structure or other development into compliance. Implement enforcement provisions. Review/modify procedures to avoid similar violations. Provide training.

35. Factors affecting Flood Damage
Channel/floodplain obstructions
Erosion/Sedimentation
Increased upland development
Subsidence
Wave/Debris impacts
Failure of levees
Failure of dams

36. Community Responsibilities:
Require Development Permits in SFHA. Do on-site inspections of development to ensure structure elevated and built as proposed in compliance with local NFIP ordinance. Obtain and retain records of Elevation Certificates, substantial improvements, floodproofing certificates and V-zone construction certificates.

37. Responsibilities (Continued)
Maintain records of all SFHA development for easy retrieval. In Zone A (no BFE), obtain detailed flood information (BFE elevations and boundaries) for developments of 5 acres or 50 lots or larger.

38. Responsibilities (continued)
Ensure all other necessary permits are obtained (COE, EPA, health dept., etc.). Notify affected agencies and neighboring communities of any changes proposed to a stream channel. Ensure the carrying capacity of the stream channel is maintained if altered.

39. Responsibilities (continued)
Design water supply and sewage disposal systems to minimize or eliminate infiltration. Require on-site sewage disposal systems to be located and designed so as to minimize flood damage.

40. SUBSTANTIAL IMPROVEMENT AND SUBSTANTIAL DAMAGE

41. Definition Substantial Improvement
Any reconstruction, rehabilitation, addition, or other improvements of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the “start of construction” of the improvement.

42. Definition Substantial Improvement
This term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed.

43. Definition Substantial Damage
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

44. Substantial Improvement or Damage
Does Not Include…
Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety codes which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or...

45. Substantial Improvement
Does Not Include…
Any alteration of an “historic structure”, provided that the alteration will not preclude the structure’s continued designation as an “historic structure.”

46. Market Value vs. Replacement Value
Market value does not equal replacement cost. Replacement cost may be used to estimate market value only if depreciated.

47. Community Responsibility
MUST ASSURE…
Accuracy of improvement cost or actual repair/damage value.
Consistent market value estimates.

48. Recommendations
Adopt a conservative method for determining market value and APPLY IT CONSISTENTLY! If the applicant objects to your market value estimate, then give them the option of providing a certified appraisal. Always review appraisals for “reasonableness”.

49. Floodplain Management
Means Implementing Flood Loss Reduction Measures
Reduce Flood Risk In SFHAs
Mitigate Future Flood Losses
Safe Construction
Reduce the personal and
national costs of flooding

50. Mitigation is… Build wiser and safer! Build it up! Build it back!
Insure it!

51. Resources National Flood Insurance Program Home page
Technical Bulletins
2. Association of State Floodplain Managers, Inc.
Executive Order
Water Resources Council -- Floodplain Management Guidelines for Implementing EO 11988, February 10, 1978
Prior to addressing the seminar’s agenda – take a moment and go over the resources that are available to attendees.

52. Questions? NFIP Insurance
Risk Reduction
NFIP
Roy McClure Susan Wilson Stan Harrison P
Insurance
Flood Hazard