1. Floodplain Management 101 Texas and Federal Laws and the National Flood Insurance Program

2. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY State Coordinating Agency for the National Flood Insurance Program TNRCC change to TCEQ in September 2002

3. Texas Flood Problems  Over 1,400 flood-prone Communities  Largest total cost of flood damage claims paid in Nation Hill Country Flash Floods Hill Country Flash Floods Riverine Floods Riverine Floods Tropical Storms (Allison 2001) Tropical Storms (Allison 2001) National Flood Insurance Program (NFIP) nationwide effort to help communities protect against flooding Large responsibility to protect residents

5. Top 4 Killers of Americans  Heart Disease  Automobiles  Fires  F F F FLOODS

7. Introduction to the National Flood Insurance Program (NFIP)

8. www.fema.gov/fhm/fq_gen01.shtm AcronymStands for...AcronymStands for... ANIArea Not IncludedBFEBase Flood Elevation COBRACoastal Barrier Resources ActCBRSCoastal Barrier Resources System CLOMAConditional Letter of Map AmendmentCLOMRConditional Letter of Map Revision CLOMR-FConditional Letter of Map Revision based on FillCCOConsultation Coordination Officer CRSCommunity Rating SystemDLGDigital Line Graph ERMElevation Reference MarkESDPEngineering Study Data Package FBFMFlood Boundary and Floodway MapFDPAFlood Disaster Protection Act FMPCCFlood Map Production Coordination ContractorFDTFloodway Data Table FEMAFederal Emergency Management AgencyFFEDFinal Flood Elevation Determination FHBMFlood Hazard Boundary MapFIAFederal Insurance Administration FIMAFederal Insurance and Mitigation AdministrationFIRMFlood Insurance Rate Map FISFlood Insurance StudyFOIAFreedom of Information Act GISGeographic Information SystemGPOGovernment Printing Office HECHydrologic Engineering CenterICCIncreased Cost of Compliance LAGLowest Adjacent Grade (to a structure)LFDLetter of Final Determination LMMPLimited Map Maintenance ProgramLODRLetter of Determination Review LOMALetter of Map AmendmentLOMCLetter of Map Change LOMRLetter of Map RevisionLOMR-FLetter of Map Revision based on Fill MSCMap Service CenterMTMitigation Directorate NAVDNorth American Vertical Datum of 1988NFIPNational Flood Insurance Program NFIRANational Flood Insurance Reform ActNGVDNational Geodetic Vertical Datum of 1929 OPAOtherwise Protected AreaPMRPhysical Map Revision PRPPreferred Risk PolicyRCBAP Residential Condominium Building Association Policy SFHASpecial Flood Hazard AreaSFHDFStandard Flood Hazard Determination Form TECTechnical Evaluation ContractorWYOWrite Your Own

9. Introduction to the NFIP Key Terminology  FHBM = Flood Hazard Boundary Map  SFHA = Special Flood Hazard Area  FIRM = Flood Insurance Rate Map  DFIRM = Digital FIRM  BFE = Base Flood Elevation  FEMA = Federal Emergency Management Agency

10. The National Flood Insurance Program 1968 A voluntary program based on a mutual agreement between the Federal government and the local community HB 1018 Amended Section 16.3145, Texas Water Code requires a community ONLY be eligible to participate in the NFIP as expressed in the following HB language: “The governing body of each city and county shall adopt ordinances or orders, as appropriate, necessary for the city or county to be eligible to participate in the National Flood Insurance Program…., not later than January 1, 2001” In exchange for adopting and enforcing a Floodplain Management Ordinance, Federally backed flood insurance is made available to property owners throughout the participating community

11. National Flood Insurance Act of 1968  Established the National Flood Insurance Program  Federally subsidized flood insurance was made available to communities that voluntarily enacted land use and control measures  Prior to the 1968 Act the sole relief available to flood victims was special disaster loans.

12. Flood Disaster Protection Act of 1973  Flood insurance required as a condition of receiving federal financial assistance for acquisition or construction purposes in Special Flood hazard Areas.  Publication of Flood Hazard Boundary Maps officially designated a community as “flood prone” and subject to the ACT.

13. EO 11988 Floodplain Management  Federal Agencies required to “avoid the long- and short-term adverse impacts associated with the occupancy and modification of floodplains and avoid direct and indirect support of floodplain development wherever there is a practicable alternative.  Federally funded “Critical Facilities” are to be protected up to the 500-year flood

14. Section 404 Wetland Permits  The US Army Corps of Engineers administers Section 404 of the Clean Water Act  Discharge of dredge or fill material into wetlands requires a Section 404 Permit  Communities are required under the NFIP to require all necessary permits required by Federal and State Law

15. Disaster Mitigation Act of 2000  Communities must adopt and have an approved “all hazards” mitigation plan prior to November 1, 2004 to be eligible to receive Hazard Mitigation Grant Program funding (44 CFR Part 201)

16. HB 1018  HB 1018 Requires Texas Cities and Counties to Join NFIP  The 77th Legislature of the State of Texas amended Subchapter I, Chapter 16, Water Code, by adding Section 16.3145 to read as follows:  "The governing body of each city and county shall adopt ordinances or orders, as appropriate, necessary for the city or county to be eligible to participate in the National Flood Insurance Program...., not later than January 1, 2001"

17. Senate Bill 936  The 77th Texas Legislature amended the Water Code, effective September 1, 2001, to authorize all political subdivisions to:  (1) adopt more comprehensive floodplain management regulations which the political subdivision determines are necessary for planning, and appropriate to protect public health and safety;  (2) participate in floodplain management and mitigation initiatives such as the National Flood Insurance Program’s Community Rating System, Project Impact or other initiatives developed by the federal, state or local government; and,  (3) collect reasonable fees to cover administrative costs incurred by the administration of a local floodplain management program.  Additionally, SB936 provides for Criminal and Civil Penalties and injunctive relief.

18. HB 1445  Regulation of Subdivisions in Extraterritorial Jurisdictions  Authorizes the municipality and the county to enter into interlocal agreement to:  Established floodplain development regulations for plats and subdivisions within the ETJ

19. Minimum Standards of NFIP  Must include restrictions to development within floodplain areas  Extent to which restrictions are set directly tied to available floodplain maps and studies  Standards outlined in CFR 60.3 (a) – (e)

20. Community without Floodplain Data Section 60.3 (a)  Permits for all proposed construction  Review proposed developments  Review permit applications  Review subdivision proposals & all new developments  Require new & replacement water supply systems to minimize infiltration of floodwaters  Require sanitary sewage & on-site disposal systems be protected

21. Community with FHBM (A Zones) (no BFE, FW, V) Section 60.3 (b)  Permits for development in mapped flood hazard area  Require developments in flood hazard area to meet standards  Review permit applications  Review subdivision proposals & all new developments  Require new & replacement water supply systems to minimize infiltration of floodwaters  Require sanitary sewage & on-site disposal systems be protected

22. Community with SFHA, “A” Zones Section 60.3 (c)  Require everything in 60.3(b)  Require elevation of lowest floor to or above BFE for residential  Require elevation or floodproofing to or above BFE for commercial  Certification by registered engineer  Fully enclosed areas below elevated lowest floor automatically equalize  Manufactured homes lowest floor elevated to or above BFE and anchored

23. Community with SFHA, “A” Zones Section 60.3 (c)  Require elevations of residential structures in AO Zones to or above the depth number or at least 2 feet if no depth number  Require within A99 Zones on FIRM the standards of 60.3(a)(1)-(a)(4)(i) and 60.3(b)(5)-(b)(9)  Until Floodway is designated, permit no development within Zones A1-30 or AE unless it is demonstrated that WSEL not increased by more than 1 foot  Require adequate drainage on structures in AH or A0 Zones

24. Community with SFHA, “A” Zones Section 60.3 (c)  Require manufactured-homes chassis supports, in EXISTING manufactured-home parks or sub-divisions, placed in SFHA with their lowest floor at or above the BFE or the chassis is 36 inches above grade and is anchored. See 60.3(c)(12)  Require that recreational vehicles placed in SFHA Be there < 180 days, Be there < 180 days, Be fully licensed and road ready OR Be fully licensed and road ready OR Meet requirements of 60.3(b)(1) and 60.3(c)(6) Meet requirements of 60.3(b)(1) and 60.3(c)(6)

25. Community with SFHA & Floodway Section 60.3 (d)  Meet previous requirements  Adopt Floodway  Prohibit encroachments within floodway unless engineer can support no rise in WSEL

26. Community with SFHA & Floodway Section 60.3 (e)  Meet Previous requirements  Require new or substantially improved structures within Zones V1-30, VE and V to elevate bottom of the lowest structural member of lowest floor  Require new construction in V Zones to be landward of mean high tide  Require new or substantial improvements in V Zones to be elevated above BFE and anchored for wind and water loads and certified by an engineer  Require space below lowest elevated floor be free of obstruction or breakaway walls without causing structural support damage

27. Community with SFHA & Floodway Section 60.3 (e)  No fill for structural support  No man-made alterations of sand dunes which would increase flood damage  Require newly placed of substantially improved manufactured homes to meet these requirements

28. Section 60.3 (e)  Require that recreational vehicles placed in SFHA Be there < 180 days, Be there < 180 days, Be fully licensed and road ready OR Be fully licensed and road ready OR Meet requirements of 60.3(b)(1) and 60.3(e)(2)-(e)(7) Meet requirements of 60.3(b)(1) and 60.3(e)(2)-(e)(7)  Permits for development in mapped flood hazard area

29. How NFIP Helps Your Community  Flood insurance is available for NFIP communities  In return, the federal government requires regulation on development in SFHA  NFIP is administered in 2 Phases: Emergency Phase Emergency Phase Regular Phase Regular Phase  Dependent on type of flood data available from FEMA

30. Emergency Phase  Entry stage of participation for communities  Issues FHBM identifies flood areas identifies flood areas No risk zones No risk zones No flood elevations No flood elevations  Flood Insurance obtained at FLAT RATE based on structure type  Same rate regardless of likelihood of being flooded

31. Emergency Phase  Community enforce & adopt local floodplain regulations  Regulate new development in flood-hazard areas (Zone A)

32. Regular Phase  Community gets a detailed engineering study  FEMA prepares FIS & FIRMs 100-year flood elevations 100-year flood elevations Floodways Floodways Flood-Hazard Zones Flood-Hazard Zones

33. Insurable Interests  Walled and roofed structures  Principally above ground  Not over water  Manufactured homes if anchored to a permanent foundation  Contents of structure  Building in the course of construction

34. Not Insurable  Buildings over water  Unanchored manufactured homes  Motorized vehicles  Gas and liquid storage tanks  Building principally below ground  Machinery and equipment in the open

35. Limited Coverage for Basements or Enclosures  Foundation Elements  Specific items -furnaces -water heater -circuit breaker boxes -washers & dryers -food freezers -air conditioners -heat pumps

36. What is a FLOOD? A general and temporary condition of partial or complete inundation of two or more acres of normally dry land area or of two or more properties (at least one of which is the policyholder's property) from: A general and temporary condition of partial or complete inundation of two or more acres of normally dry land area or of two or more properties (at least one of which is the policyholder's property) from: Overflow of inland or tidal waters; or Overflow of inland or tidal waters; or Unusual and rapid accumulation or runoff of surface waters from any source; or Unusual and rapid accumulation or runoff of surface waters from any source; or Mudflow; or Mudflow; or Collapse or subsidence of land along the shore of a lake or similar body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels that result in a flood as defined above." Collapse or subsidence of land along the shore of a lake or similar body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels that result in a flood as defined above."

37. Direct physical loss by or from a flood  Language is used in all three forms

38. Factors Used For Rating  Location  Amount of insurance  Lowest Floor Elevation minus Base Flood Elevation Elevation  Building type  Foundation  Age of construction (Pre-FIRM or Post-FIRM)

39. Pre-FIRM vs Post-FIRM  Pre-FIRM: Structure constructed prior to community’s Structure constructed prior to community’s initial Flood Insurance Rate Map (FIRM) initial Flood Insurance Rate Map (FIRM) or before 12/31/74 or before 12/31/74  Post-FIRM: Structure built or substantially improved Structure built or substantially improved after the initial FIRM after the initial FIRM or after 12/31/74 or after 12/31/74

40. Limits of Coverage Buildings Emergency Regular Single Family$ 35,000$250,000 Other Residential$100,000$250,000 Non-Residential$100,000$500,000 Contents Coverage EmergencyRegular Residential$ 10,000$100,000 Non-Residential$100,000$500,000

41. Residential Condominium Building Association Policy  Covers Building and Common Areas  $250,000 X Number of Units  Co-Insurance Provision applies if not insured to 80 % of value or more  Coverage available for individual units and contents

42. Flood Insurance Requirements

43. When is Flood Insurance Required? Property is in Flood Hazard Area but Structure is not Lender DOES NOT Require Insurance

44. When is Flood Insurance Required? Structure is in Flood Hazard Area but elevated on natural knoll Lender initially Requires Insurance but builder/buyer may Submit Letter of Map Amendment removing area from floodplain

45. When is Flood Insurance Required? Structure is partially in flood hazard area Lender ALWAYS Requires Insurance

46. When is Flood Insurance Required? Structure is in Flood Hazard Area & Not Elevated Lender ALWAYS Requires Insurance

47. When is Flood Insurance Required? Structure is in Flood Hazard Area although elevated on high bluff Lender initially Requires Insurance but builder/buyer may Submit Letter of Map Amendment removing area from floodplain

48. When is Flood Insurance Required? Structure is in Flood Hazard Area but Elevated on Fill Insurance initially REQUIRED but buyer/builder may submit Letter of Map Revision

49. When is Flood Insurance Required? F2 Structure is in Flood Hazard Area but Elevated on Posts/Piers/Pilings Insurance ALWAYS REQUIRED

50. When is Flood Insurance Required? Structure is located partially in Zone “X” Lender DOES NOT Require Insurance

51. When is Flood Insurance Required? Structure is located in special flood hazard area and partially in floodway Lender ALWAYS Requires Insurance

52. Contact Information  NFIP State Coordinator: TCEQ  Mike Howard, CFM  Texas Commission on Environmental Quality  MC-160, PO Box 13087  Austin, Texas 78711-3087  (512) 239-6155  mhoward@tceq.state.tx.us

53. Contact Information  FEMA Region VI Mitigation Division  Federal Center  800 North Loop 288  Denton, Texas 76201-3698  (940) 898-5178  www.dhs.gov

54. Contact Information  National Flood Insurance Program  Diana Herrera or Dorothy Martinez  NFIP Region VI  11931 Wickchester Lane, Suite 304  Houston, Texas 77043  (281) 829-6880  www.fema.gov