NYS Department of Environmental Conservation The National Flood Insurance Program A Program...

NYS Department of Environmental Conservation

The National Flood Insurance Program

A Program Overview

DEC Floodplain CoordinatorsCentral Office

• Bill Nechamen, CFM (518) 402-8146• Kelli Higgins-Roche, CFM (518) 408-0340• Rick Tuers (518) 402-8148• Dondi Saltsman (518) 402-8215

Region 4: Schenectady

Tom Blanchard, CFM

518-357-2379

Region 3: New Paltz

Mark Lewis

845-256-3822

DEC NFIP Regional CoordinatorsREGIONAL OFFICES

The National Flood Insurance Act of 1968

The National Flood Insurance Act created the Federal Insurance Administration and directed it to:

•Identify flood-prone areas within the U.S.•Establish flood-risk zones within those areas.•Require new and substantially improved buildings be constructed in ways that minimize flood damage.•Transfer cost of private property flood losses from taxpayer to property owner.

Flood Disaster Protection Actof 1973

Significant expansion of the NFIP and required:• Acceleration of flood insurance studies• Notification of flood-prone communities• Mandatory purchase requirement• Participation in the NFIP for Federal assistance

National Flood Insurance Reform Act of 1994

• Expanded flood insurance purchase requirements / Lender penalties for non-compliance

• Requires lenders to determine if structure is located in a flood hazard area

• Flood disaster assistance requires maintenance of flood insurance policy

• Increased Cost of Compliance -- allows insurance payment to elevate, demolish or relocate structure

Federal Role

• Risk identification/mapping

• Establish development/building standards

• Provide affordable flood insurance coverage

State Role• Establish development/building standards

– State building code– Model local law for flood damage prevention

• Provide technical assistance to local communities/agencies

• Under contract with FEMA, evaluate and document community/agency floodplain management activities

Local Role

• Adopt local floodplain management laws

• Issue or deny development/building permits

• Inspect development

• Maintain records

Definitions

Definition of Special Flood Hazard Area

“Darkly shaded area on a Flood Hazard Boundary Map or a Flood Insurance Rate Map which identifies that area that has a 1 percent chance of being flooded in any given year. The FIRM identifies these shaded areas as flood zones A, AO, AH, A1-30, AE, A99, V, V1-30, and VE.”

Definition of Base Flood• A flood that has a one-percent chance of

being equaled or exceeded in any given year. It often is referred to as the "100-year" flood.

– 26% chance of occurring in a 30-yr period– 39% chance of occurring in a 50-yr period– 63% chance of occurring in a 100-yr period

Definition of Floodway

“...means 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.”

Hydraulics – Floodway Example

Definition of Lowest Floor “...means the lowest floor of the lowest

enclosed area, including basement. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance.”

Lowest Floor ElevationsSlab Foundation

LowestFloor

LowestFloorOpening

(typical)

Lowest Floor ElevationsCrawl-Space Foundation

Lowest Floor Elevations Split Level

Garage

LowestFloor

Lowest Floor ElevationsBasement Foundation

BasementLowest Floor

Definition of Basement

• Basement or Cellar is that portion of a building having its floor subgrade (below ground level) on all sides.

Definition of 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.”

Definition of 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.

Definition of Substantial Improvement...

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

Definition of 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.

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...

Substantial Improvement or Damage 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.”

Requirements For Substantial Improvement

Substantially improved structures are considered NEW CONSTRUCTION and must meet all of the minimum building standards of the NFIP.

Flood Insurance Studies and Maps

Use the FIRM to

• Identify Special Flood Hazard Areas• Identify the location of specific property• Estimate BFE at a specific site• Determine flood insurance zone at a specific

site• Determine the location of the regulatory

floodway

Types of Maps

• Flood Hazard Boundary Maps (FHBM)• Flood Insurance Rate Map (FIRM)• Flood Boundary Floodway Map (FBFM)• Digital Flood Insurance Rate Map (DFIRM)

Level of Detail

• Approximate study--delineates "100-year" floodplain boundaries; does not determine base flood elevations or depths

• Detailed study--determines base flood elevations (BFEs) or depths to be displayed on FIRM

Reading a FIRMOpen Map Index and Find Panel

Older maps are by Community. Newermaps are by County.

Moving towards County-wide andWatershed based Mapping.

Some Map Features

Wavy Line used when FloodElevation Varies along Watercourse;Label used when flood elevationis uniform over large area.

Older “Flat” Maps

Flood Boundary & Floodway Map

Flood Profile Example

0 50 100 150

50-YEAR FLOOD

100-YEAR FLOOD

500-YEAR FLOOD

STREAM DISTANCE IN FEET ABOVE CONFLUENCE WITH LAKE HIGHTOWER

10-YEAR FLOOD

CA D E

STREAM BED

Who Must Get Local Floodplain Development

Permits• Private Developers

• Counties

• Cities, Towns or Villages

• School Districts

• Public Improvement Districts

Established by Section 36-0107 of Environmental Conservation Law

Human Caused Watercourse Alterations: Local Requirements

• Local Permits Required for Floodplain Development• LOMR may be Required• Provide required notifications of changes in existing

watercourses to...– FEMA– DEC– Adjacent Communities

Note: Permit holder must provide for maintenance of altered portion of watercourse in perpetuity.

The Elevation Certificate

• Administrative tool of the NFIP

• Policy rating• Support of map

revisions and amendments

• Certify building elevations

• Community compliance

Download at:Download at:

http://www.fema.gov/business/nfip/elvinst.shtmhttp://www.fema.gov/business/nfip/elvinst.shtm

Elevation Requirements for Zones AE, AH, and A1-30

• All new construction and substantial improvement shall have the Lowest Floor, including basement, elevated to or above the BFE (Plus 2’ Freeboard if Residential Construction)

• The reference level for the lowest floor is measured at the top of the sub-floor

Residential Building Code: R322.2.1Residential Building Code: R322.2.1

Building Code Section 1612.4: Refers to ASCE 24Building Code Section 1612.4: Refers to ASCE 24

Elevation Requirements: Zone A- NO Base Flood

Elevation Data

Elevation Data • All new construction or substantial improvement,

shall have the lowest floor, including basement, elevated at least three feet above the highest adjacent grade. (DEC Model Local Law; NYS Residential Building Code, R323.1.3.2)

• For subdivisions or other developments over 50 lots or 5 acres, applicant must provide flood elevation data and build accordingly. (FEMA Regulations: 44CFR60.3(b)(3))

Elevation Data• If there is a Base Flood Elevation from a

reputable source, then use it.– NYS DEC– Corps of Engineers– NRCS– Historic Flood Data– Other engineering study, including for

development of over 5 acres or over 50 lots

Unnumbered A ZONE REFERENCE LEVELS(DEPTH 3 FEET)

HIGHEST ADJACENT GRADE

LOWEST FLOOR REFERENCE LEVEL

FINISHED GRADE3 FEET

HIGHEST ADJACENT GRADE - HIGHEST NATURAL GRADEADJACENT TO THE FOOTPRINT OF THE BUILDING PRIORTO CONSTRUCTION.

Requirements in the Floodway• No new development, including fill, in

designated floodways that would increase flood heights.

• Developer must submit a hydraulic analysis which determines no rise in flood heights.

• If there is any rise, project must be reconfigured or maps revised.

• No variances for development in floodway.

Construction Standards: Elevated Foundations

• Fill

• Perimeter Wall

• Pile

Slab on FillSlab on Fill

Standards for Elevation on Fill

• Compaction

• Will not settle below BFE

• Slopes

• Protection

• Not in Floodway

• Lowest floor must remain above BFE + 2

Perimeter Wall FoundationPerimeter Wall Foundation

Opening(typical)

Standards for Elevation on Perimeter Wall FoundationsStandards for Elevation on

Perimeter Wall Foundations• Fully enclosed areas below the lowest

floor shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters

Minimum Standards for Foundation Openings

• A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above grade.

• Openings may be equipped with screens, louvers, valves, or other “automatic” coverings

Pile FoundationPile Foundation

Post or Pile Foundations

• Have much greater resistance to lateral loads

• Should be used in areas of deep flooding and/or high velocities

• Over-the-top ties or frame ties must be used on manufactured homes to resist wind and water forces

All structures must be properly anchored.

--------------- When elevating a manufactured home

above the BFE, the home must be anchored to the foundation or ground to resist wind and water forces.

Anchoring and Elevated Foundations

FloodproofingFloodproofing

ONLY NON-RESIDENTIAL STRUCTURES MAY BE FLOODPROOFED IN LIEU OF ELEVATION.

PE or Architect Certification Required

Standards For Utilities And Building Systems

All new construction and substantial improvement shall be constructed with electrical, HVAC, plumbing and other service facilities elevated or floodproofed to prevent water from entering or accumulating within the components during conditions of flooding. (Resid. Code of NYS: R323.1.5)

UTILITY LOCATION SCHEMATIC

ATTIC WATER ATTICHEATER HVAC

PROPANE TANK

WELL HEAD

BFE BFE

SEPTICTANK

Technical Bulletinshttp://www.fema.gov/fima/techbul.shtm

• Guide-01 User's Guide to Technical Bulletins

• 1-93 Openings in Foundation Walls: • 2-93 Flood-Resistant Materials

Requirements• 3-93 Non-Residential Floodproofing• 4-93 Elevator Installation • 5-93 Free-of-Obstruction Requirements • 6-93 Below-Grade Parking

Requirements • 7-93 Wet Floodproofing Requirements

• 8-96 Corrosion Protection for Metal Connectors in Coastal Areas

• 9-99 Design and Construction Guidance for Breakaway Walls Below Elevated Coastal Buildings

• 10-01 Ensuring that Structures Built on Fill In or Near Special Flood Hazard Areas are Reasonably Safe From Flooding

• 11-01 Crawlspace Construction for Buildings Located in Special Flood Hazard Areas

If a Structure is substantially damaged and is not brought

into compliance with the regulations and L.L., how will this impact flood insurance?

LOWEST FLOOR5’ NGVD

BFE 10 NGVD

2011 - Existing Pre FIRM Structure, With Basement

$100,000 coverage

Pre FIRM Rate = $948

BFE 10 NGVD

FLOOD!

Damage = $75,000Market Value = $100,000

STRUCTURE SUBSTANTIALLY DAMAGED

BFE 10 NGVD

Post FIRMRerating

Actuarial Rate$7,800 (2008)

Structure Repaired - Not Elevated

BFE 10 NGVD

Post FIRMRerating

Actuarial Rate$245

1994 - Structure Repaired - Elevated

Post FIRMRerating

Actuarial Rate$791

BFE 10 NGVD

Post FIRMRerating

Actuarial Rate$2653

BFE 10 NGVD

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