9/11/2012

1

Presented at the Oregon Planning Institute

September 12, 2012

Becca Croft, STARR/FEMA RSCXBrandon Reich, Marion CountyGeorge Currin, FEMA Region X

Be sure to collect a certificate of Be sure to collect a certificate of completion to obtain ASFPM Credit

9/11/2012

2

1:00 Introductions & Housekeeping1:05 Source of Authority1:10 Consequences of Non-compliance1:30 Selling Floodplain Management1:55 Paying for Floodplain Management2:00 BREAK(15 minutes)2:15 Floodplain Management Responsibilities2:35 Best Practices2:50 Preventing Violations3:00 BREAK (15 minutes)3:00 BREAK (15 minutes)3:15 Correcting Errors3:45 Floodplain Management Program Assessment4:15 Questions4:30 Adjourn

As a condition of participation in the NFIP local government must adopt a local ordinance that ensures all development in the Special Flood Hazard Area complies with the National Flood Insurance Program [44 CFR 59.24 (a)][ ( )]

These flood hazard ordinances must be enforced [44 CFR 59.24 (d)]

9/11/2012

3

Insurance reratingSubrogation CRS RetrogradeProbationSuspension

Rerate: If a community is ignoring violations or granting unwarranted variances FEMA may field granting unwarranted variances, FEMA may field verify some or all of the structures in the community and rerate the policies, leading to increased cost of flood insurance.

Reform Policy: After a flood event, insurance claims for mis-rated policies (due to fraudulent or willful concealment) may be denied and back premiums may be collected during claims adjustment.

9/11/2012

4

If flood damages have occurred, claims have been paid, and all or part of the damage can be attributed to acts or omissions of the community, FEMA may proceed with subrogation actions against the community.

CRS is a voluntary incentive program that incentive program that recognizes community floodplain management activities that exceed minimum NFIP requirements.

Retrograde: CRS Class is gincreased or community dropped from CRS and the benefits of lower insurance premiums lost

9/11/2012

5

Retrogrades can build public support to correct problems

“If you're my neighbor with an illegal bonus room and you're costing me my flood

insurance discount, take it out. You bought , gthat house knowing it was a storage room.”

$50 surcharge on all flood insurance premiums in the community

Triggered by persistent violations Increased risk of flood damage to violating

propertiesPotential for legal action against municipality g g p y

by flooded property ownersOne year to correct violations

9/11/2012

6

NFIP flood insurance no longer available No federal grants or loans in the SFHANo federal disaster assistance in the SFHANo federally-backed mortgages in the SFHALoss of subsidized insurance for older

structures. Community Liability

Expensive flood insuranceProperty difficult to sellUnnecessary flood damage Policy may be reformed

following a flood eventresulting in insufficient gfunds to repair

9/11/2012

7

Consequences for the community are clear but those for the individual land owner appear flood event dependent

This makes it difficult to appeal to the landowner’s self-interest

Compelling compliance: sell the value of p g psound floodplain management to the entire community

AND…

9/11/2012

8

Most floodplain ordinances include penalties for violations, including fines or even jail.

Review your ordinance to find out what options you ultimately have in your toolbox.

Take your responsibilities seriously• Be visible – go out into the floodplain talk to community Be visible go out into the floodplain, talk to community

groups• Become a Certified Floodplain Manager• Reach out to Federal and State officials for assistance &

trainingMake preservation of floodplains a valuable

community goal (No Adverse Impact) Incorporate Hazard Mitigation Plan into Incorporate Hazard Mitigation Plan into

Comprehensive Plan Integrate floodplain, wetland, riparian and

stormwater management

9/11/2012

9

Articulate natural and beneficial functions of the floodplain: the floodplain: •Store and convey floodwaters•Maintain water quality•Recharge groundwater aquifers and naturally

regulate flows into rivers and lakes•Support large and diverse populations of plants,

birds, and animals•Provide historical, scientific, recreational, and

economic benefits to communities Work with your local watershed council

2012 David F. Ashton ~ East Portland News

9/11/2012

10

Quantify economic impact of floods on tax pcollections, employment, interruption of commerce

Quantify cost to respond to a flood: sandbagging, cleaning up mud and debris, rescue Id if bli Identify public infrastructure that could be damaged& consequences Everyone suffers from a flooded downtownEveryone suffers from a flooded downtown

Stubbs Island Flood of 2011

9/11/2012

11

Articulate legal liability—There has been an increase in successful lawsuits against communities that fail to follow floodplain management procedures, or do not apply regulations uniformly

Show that lowering flood risk results in less gcostly insurance for property owners; money circulates in town rather than being sent to NFIP.

Recognize and respond to denial in your messaging•It won’t happen to me

•It won’t (can’t) happen here (I have lived here for 25 years – it has never flooded)

Adapted from 911 consulting website, accessed 8/30/2012

9/11/2012

12

"Apparently, the home was approved for occupancy when we bought it in 2003. Now

we're being told it's not acceptable," she said. "If they had been following the code all y g

along, we wouldn't be in this position."

How can you afford to lose the trust of your citizens?

Think about the pain of explaining the cost to repair violations to elected officials

Legal battles are expensiveMuch more costly to correct violations after y

they occur than to prevent them from happening in the first place

9/11/2012

13

Collect fees for floodplain management servicesForm a local or regional floodplain or watershed Form a local or regional floodplain or watershed

management district

“The County Watershed Protection District collects a special property related tax to fund

Regional compliance with FEMA's NFIP, to monitor and study regional storm water flows and y g

systems, and to facilitate Regional storm water management cooperation” --City of Ventura, California

Next up: Floodplain Management Responsibilities

•Basic Elements of a Floodplain Management Program

•Floodplain Manager Responsibilities•Best Practices for Motivating Compliance

E f t•Enforcement

9/11/2012

14

Local government must appoint a floodplain manager [44 CFR 59.22(b)]

Floodplain manager must ensure compliance with the NFIP. Section 60.3 and State laws [44 CFR 59.24(b)]

Specific records must be maintained to pdemonstrate compliance [44 CFR Part 59.23(a)(9)(iii)]

Consistent and regular communication needed about responsibilities for floodplain about responsibilities for floodplain management and the consequences of creating NFIP violations

Target outreach to: • Elected Officials• Planning Commissioners • Staff• Landowners in SFHA• General Population• Special groups

9/11/2012

15

Transportation agencies Universities and colleges Universities and colleges Quasi-government

authorities:• airport authorities• port authorities• wastewater districts• levee districts

Residents blame flood damage on Albany and Eastern; company stands levee districts

• drainage districts• railroads

U.S. Postal Service Agricultural property owners Utility companies

Albany and Eastern; company stands by its decision to replace wooden culverts Copyright 2012 democratherald.com

NFIP community ultimately responsible for NFIP compliance within jurisdictional boundariescompliance within jurisdictional boundaries[44 CFR 59.24(b)] Intergovernmental agreements (IGA) are

necessary when development permitting or building inspection is conducted by another jurisdiction

Even with IGA – coordinate and check performance regularly; ensure records are delivered to city upon project completion

9/11/2012

16

• Ensure all State and Federal permits have been obtained• Elevate at least one foot above BFE/flood height• Elevate at least one foot above BFE/flood height• Flood venting on all enclosed areas below BFE

(or breakaway walls in V zones)• Use flood-resistant materials below BFE• Elevate mechanicals servicing building• Structures are anchored to prevent flotation• Floodway remains free of encroachments• Enclosed areas below BFE used for parking, storage,

access and more…

DLCD offers classes on NFIP Construction Standards; please call Christine Shirley at 503-373-0050 ext. 250 for more information.

Brandon Reich, Marion County

9/11/2012

17

Start with engineer and surveyorProgram AuditProgram Audit

•Everyone will have to do something after a CAV•Easier to fix problem now than in 5 years

Property owner pay more than necessary in flood insurance premiums

Know the engineers, surveyors, etc. that you Know the engineers, surveyors, etc. that you work with

Discuss ALL options and results/ consequences of options

Know how your community differs from others and from state minimumsothers and from state minimums

Communicate & Educate•Ferret out assumptions•Confusion between different FEMA printed

documentsContact property ownerp p yBe visible/give presentationsTalk with others/ask questions when

compliance issues come up

9/11/2012

18

Keep a tracker file Issue floodplain permits for all development

in SFHAEveryone agrees before issue building permit

•Elev Cert matches building plans•Openings shown on plans

Frequent, friendly phone callsEasier to stay on top than to ever catch up

Inspect during constructionDon’t issue certificate of occupancy, even

temporary ones, without full compliance & an as-built Elevation Certificate

Use non-conversion agreementsRequire and retain photographs q p g p

documenting compliance at COO

9/11/2012

19

Encourage building outside the floodplain

Encourage purchase of pflood insurance

9/11/2012

20

Inspect floodplains regularly don’t let regularly – don’t let violations come to you

Ensure ability to assess fines or penalties

Don’t let violations fester; respond aggressively or respond aggressively or else you’ll find them multiplying throughout the community

Issue stop work order Informally contact the

property owner Offer solutionsSend formal notification if

corrections not made Establish deadlines for

compliance

9/11/2012

21

Fines and PenaltiesSome communities prosecute floodplain

ordinance violations as misdemeanorsTurn off utilities and don’t allow them to be

turned back on until violation corrected (works best if building is vacated or in ( gforeclosure)

CourtCall State NFIP Coordinator or FEMA

I know this is what you want to do when you find violations, but…

9/11/2012

22

Letter from FEMA Region IX to Sacramento, 2/8/2010

NFIP non-compliant building being torn down in Sacramento (2011)

“Over the past several months, the City has worked closely with FEMA and taken several

positive and immediate actions to resolve these violations and prevent further violations from

occurring.” --City of Sacramento

Technical assistance: new ideas to correct violations and strengthen your floodplain management program

Ask FEMA whether the flood insurance policy is correctly rated on violating buildings

Section 1316:Building denied NFIP insurance

9/11/2012

23

Next Up: Correcting ErrorsCorrecting ErrorsProgram Assessment

•Community Assistance Contacts•Community Assistance Visits•CRS Cycle Visit•Self Assessments Comprehensive Annual Post-flood

Encourage building voluntary compliance Issue after-the-fact permits or variances*Do the corrective workPay for the building owner’s excess cost of

flood insurance

Cost of fixing errors high compared to the cost of enforcing local ordinances

* Variances highly discouraged

9/11/2012

24

Inadequate ventsSheds & accessory structuresAgricultural buildingsConverted lower enclosuresMechanical installed/replaced below BFEFloodway encroachments: fill, fences, etc. y , ,Missing recordsMissed Substantial Improvements or

Substantial Damage repair

NFIP requires one square inch of opening for every square foot of enclosed area; vents must be open or designed to open automatically with no human intervention or source of power

Insufficient venting is very common with g yexpensive consequences to building owner:•It changes the lowest floor for insurance rating

9/11/2012

25

Require building owner to remove covering, flaps, or foam or other coverings

Install vents in garage doors and man-doors Replace standard flood vents with

engineered vents: same number and size of vent passes more waterp

Add more vents in the foundation

9/11/2012

26

9/11/2012

27

Small accessory structures (less than 200 square feet, residential or 120 square feet commercial) are , q )not subject to building codes but must be addressed in local flood hazard regulations

Floodplain development permit required Accessory structures must be anchored, constructed

of flood resistant materials Used solely for

parking and storageparking and storage Accessory structures

may be dry floodproofed

9/11/2012

28

Agricultural buildings and equine facilities located in mapped flood facilities located in mapped flood hazard zones are not exempt from building codes (ORS 455.315)

Agricultural buildings may be allowed with their lowest floor below BFE only if local government issues a variance (FEMA Technical Bulletin 7)

Insurance costs will be very high

9/11/2012

29

Areas below BFE must be reserved for parking, storage, and building gaccess

9/11/2012

30

Mechanical, plumbing, and water systems shall be designed, located and installed to minimize or eliminate entry of flood watersFEMA 348:Protecting BuildingUtilities From Fl d DFlood Damage

9/11/2012

31

Development within the regulatory floodway is prohibited unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice by a registered professional engineer certifying that the p g y gproposed development will result in no increase in flood levels during the occurrence of the base flood.

9/11/2012

32

Floodplain development permit if in SFHAFences and walls in floodway need a no-rise

analysisDiscourage solid

fences/wallsand chain linkperpendicular to the flow of water

These fish were among those caught in a fence by flood waters brought by Hurricane Ike in West Orange, Texas, Tuesday, Sept. 16, 2008. (AP Photo/Eric Gay)

9/11/2012

33

NFIP requires communities to “obtain the elevation of the lowest floor (including basement)of all new and substantially improved structures [44 CFR Part 60.3(b)(5)]

Must be “as-built” Best way to obtain the lowest floor elevation y

is to require an Elevation Certificate as a condition of occupancy

No record of lowest floor elevation = violation

Call the building owner; ECs are needed to purchase flood insurance so it is likely that the building owner has one

Call your building official; EC is required to be submitted as part of building inspection processp

Hire a surveyor to complete an EC or to measure elevation of lowest floor

9/11/2012

34

Use Section G of the EC to correct information contained in Sections A, B, and E of the EC

Request a corrected EC from the building owner (who may need to contact their surveyor)y )

Hire a surveyor to provide a complete and correct EC

NFIP does not allow basements in SFHABasement = below grade on all sidesBelow grade crawlspaces are allowed if the

distance from the crawlspace floor to the bottom of the next higher floor is less than 4 feet and the crawlspace floor is less than 2 pfeet below lowest adjacent grade

9/11/2012

35

Fill in the basement until at least one side of enclosed area is equal to or higher than lowest adjacent grade

Fill a too-deep below grade crawlspace until crawlspace floor is less than 2 feet below lowest adjacent gradej g

Grade the exterior until entire exterior elevation along the lowest side of the building equals interior adjacent elevation

Oregon Building Code requires lowest floor to be elevated at least one foot above BFE

V-zones: the bottom of the lowest horizontal support must be one foot above BFE

Manufactured Dwellings must have bottom of chassis frame at BFE

EXPENSIVE to correct!Check plans twice

Inspect before vertical walls go up

9/11/2012

36

A substantially improved or damaged structure* must be brought into compliance with current floodplain regulations

Elevate lowest floor at least one foot above BFE

Floodproofif non-residential

* Remember: local SD threshold may be lower than 50%

This Desk Reference provides practical guidance and gsuggested procedures to implement the NFIP requirements for SI/SD.

Available for download at: http://www.fema.gov/library/viewRecord.do?id=4160

Print copies can be ordered from FEMA. Click “Add to My Bookshelf” for instructions

9/11/2012

37

George Currin, FEMA Region X

FEMA’s Community Assessment Program ensures that communities participating in the NFIP are achieving the flood loss reduction objectives of the program•Community Assistance Contacts•Community Assistance Visits

Local government should regularly review the efficacy of their flood hazard program and not wait for FEMA to conduct a CAV

9/11/2012

38

COMMUNITY ASSISTANCE CONTACT COMMUNITY ASSISTANCE VISIT

Informal phone call or brief visit with community officials (typically the Floodplain Administrator [FPA])

to establish or re-establish contact

Determine if program related

Formal meeting with community officials (FPA, CEO, BO, etc.)

Comprehensive assessment of floodplain management program

Includes an assessment of floodplain development

Knowledge & understanding of NFIP requirements

Determine if program related problems exist

Provide technical assistance Periodic

q Ensure NFIP participating

communities are achieving flood loss reduction objectives

Provide technical assistance Conducted on a 5 year cycle

Conducted by Federal or State officialsTelephone call or brief visit to:Telephone call or brief visit to:

•Review flood hazard ordinance•Check on FIRM availability and accuracy•Evaluate permit review process•Verify contact information •Ask about specific properties that might have issues p p p g

(minus-rated flood insurance policies, complaints, observations)

•Answer questions

9/11/2012

39

Informal Follow-up may be necessary by •Community Additional documentation Corporate limit boundaries Updated regulations Updated administrative processes

•FEMA or StateFEMA or State Provide Training Information Provide Technical Bulletins or additional resources Contacts with other local resources

Conducted by Federal or State officialsComprehensive assessment of the community’s Comprehensive assessment of the community s

floodplain management programAssist the community in implementing effective

flood loss reduction measuresResolve issues or problems identified

during CAVDocumentation of deficiencies form the basis

for taking enforcement actions, if necessary Opportunity to develop working partnership with

Federal and State floodplain managers

9/11/2012

40

Provide technical assistanceMitigate identified violationsMitigate identified violations Identify strengths and weakness in

community’s floodplain management program

Support the efforts of the community for flood reductionflood reduction

Provide guidance to assist community in educating elected officials, staff and the community

Communities with current and future high-risk floodplain developmentrisk floodplain development

Communities that have high risk to exisiting buildings/ Repetitive Loss properties

Communities with know deficiencies/ violations

Communities requesting to join CRS or Class Communities requesting to join CRS or Class 4 or better increase

Specific circumstances5 year cycle

9/11/2012

41

Make field observations: via windshield surveyObserve floodplain: check for newObserve floodplain: check for new

development and/or obstructions Review permit and variance files Identify issues and problems and offer

assistance to correct program deficiencies and/or remedy possible violations

Discusses a variety of topics that relate to a y pcommunity’s floodplain management program

Some states send a preparation checklist ahead of meeting

Floodplain management ordinance

Flood hazard map Permit files

– Floodplain development permit application– Elevation certificates/lowest floor elevation– No-rise analysis documentation

Variances Variances Written administrative procedures Repetitive Loss Data

9/11/2012

42

Review and pull copies of Permit filesDevelopment means any man made change

to improved or unimproved development including but not limited to….

All development in the SFHA shall have a floodplain development permit on filep p p

Final elevation certificate shall be provided for all new construction and substantial improvements

Review Flood Hazard Map Is it accurate?Age of map does not indicate inaccurateHistory of flooding compared to the map Is community in a remapping initiative?

9/11/2012

43

Floodplain Management RegulationsVerify compliance with minimum NFIP

requirements.Does your ordinance meet your needs?

Documentation of variance and compliance with criteria and conditions for granting variance

Documentation of letter to applicant notifying them of increased risk to hazard and increased cost of flood insurance

9/11/2012

44

Repetitive Loss•Two or more flood insurance claims totaling $1,000

or more in a consecutive 10-year periodSevere Repetitive Loss

•(a) four NFIP claim payments (including building and contents) over $5,000 each, and the cumulative amount of such claims payments exceeds $20 000; amount of such claims payments exceeds $20,000; or

•(b) two separate claims payments (building payments only) exceeding the market value of the building.

Number of building permits granted in the floodplainfloodplain

Number of variances grantedNumber of insurance policies

• (state can provide this information)Population growthAnnexations and boundary changesLetters of Map ChangesgSubmit-to-rate applicationsNumber of repetitive loss properties

• (state can provide this information)

9/11/2012

45

Knowledge of LOMC process Inspection processCommunity’s issues or concerns of

implementationCommunity initiated training and outreachCommunity Flood risk resiliencyy y

Community Rating System (CRS) rewards communities that go above and beyond minimum NFIP standards

Annual “cycle visit”5-year recertification

NOT A CAVCRS Cycle visits not designed

to identify violations

9/11/2012

46

Starts with a follow-up letter and ReportId tifi d fi i i d/ i l ti•Identifies deficiencies and/or violations

•Establishes factual information and discussions•Identifies what documentation is needed•Provides recommended solutions•Defines the next steps/follow-up

Common deficiencies include:•Ordinance •Development review/ inspection process•Current development violations

Why wait for the Feds or State to show up? Use the checklists in “Guidance for Conducting Use the checklists in Guidance for Conducting

Community Assistance Contacts and Community Assistance Visits (FEMA F-776/April 2011) to do self-assessment or CAV Questionnaire

Oregon NFIP Coordinator can help assemble flood insurance statistics, for example, addresses of “minus” rated policiesminus rated policies

Self assessment can help you stay in control of your flood hazard program

9/11/2012

47

Read your flood hazard ordinanceAudit a random sample building permits

issued in flood hazard zonesRefresh your public outreach materials Invite DLCD to do a staff trainingTour a portion of your flood hazard areap y

Read your ordinance; revise if necessary to ensure rebuilding is up to current NFIP ensure rebuilding is up to current NFIP standards

Send out press releases reminding residents that post-flood repairs require floodplain development permits (even if building permit not required)

Inspect damaged areas; don’t wait for building p g ; gowners to come to you

Call DLCD or FEMA for assistance• Do we have any flood claims over $50,000?• Will you review my flood ordinance?

9/11/2012

48

Thank you!