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

2. 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

3. 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

4. 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

5. 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, V 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

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

7. Know Your Local Ordinance!

8. Regulating Floodplains is a Local Responsibility.

9. 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?

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

11. How To Comply
Follow Your Ordinance
Permit
Document
Inspect

12. 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.

13. 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

14. 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.

15. 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

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

17. 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

18. 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

19. 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

20. 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.

21. 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

22. 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

23. 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

24. ARE YOU MAINTAINING FLOODPLAIN MANAGEMENT DOCUMENTS IN PERPETUITY?

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

26. FLOOD RISK INFORMATION SYSTEM
FRIS – How to Access the Data

28. FRIS DFIRM Display

29. Integrated Hazard Risk Management
(iRisk)

30. 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

31. 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

32. 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

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

34. Integrating Emergency Management & Floodplain Management

35. 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

36. 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.

37. 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 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).

38. “Hazard Mitigation Saves”
Report available at
Independent study of FEMA grants
$1 in mitigation -> $4 saved
220 lives and 4700 injuries over 50 yrs.

39. 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.

40. Western Deer Stand

41. QUESTIONS?

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