[Federal Register Volume 64, Number 169 (Wednesday, September 1, 1999)]
[Notices]
[Pages 47813-47815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22642]
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FEDERAL EMERGENCY MANAGEMENT AGENCY
National Flood Insurance Program (NFIP); Interim Procedure for
Letter of Map Revision Based on Fill Requests
AGENCY: Federal Emergency Management Agency (FEMA).
ACTION: Notice of interim procedures.
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SUMMARY: We, FEMA, give notice of interim procedures for issuing
Letters of Map Revision Based on Fill (also referred to as LOMR-Fs). We
use criteria established in our regulations to determine whether we can
issue a LOMR-F to remove unimproved land or land with structures from
the Special Flood Hazard Area (SFHA) by raising ground elevations using
engineered earthen fill.
EFFECTIVE DATE: September 1, 1999.
FOR FURTHER INFORMATION CONTACT: Matthew B. Miller, P.E., Chief,
Hazards Study Branch, Technical Services Division, Mitigation
Directorate, at (202) 646-3461, or (email) matt.miller@fema.gov.
SUPPLEMENTARY INFORMATION:
Background
Congress created the National Flood Insurance Program (NFIP) in
1968 to provide federally supported flood insurance coverage, which
generally had not been available through private insurance companies.
The program is based on an agreement between the Federal Government and
each flood-prone community that chooses to participate in the program.
FEMA makes flood insurance available to property owners within a
community provided that the community adopts and enforces floodplain
management regulations that meet or exceed the minimum requirements of
the NFIP set forth in Part 60 of the NFIP Floodplain Management
Regulations (44 CFR Part 60).
Identifying and mapping flood hazards. FEMA identifies and maps
flood hazard areas in each community by conducting flood hazard studies
and publishing Flood Insurance Rate Maps (FIRMs). These flood hazard
areas, referred to as Special Flood Hazard Areas (SFHAs), are based on
a flood that would have a 1-percent chance of being equaled or exceeded
in any given year (the 100-year flood or base flood). The 1-percent
annual chance flood, shown on the FIRMs as Zone A or Zone V, is
determined from information obtained through consultation with the
community, floodplain topographic surveys, and detailed hydrologic and
hydraulic analyses.
Floodplain management requirements. The NFIP minimum building and
development regulations require that new or substantially improved
structures in A Zones must have their lowest floors (including
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basement) elevated to or above the Base Flood Elevation (BFE) (the
elevation of the 1-percent annual chance flood). Non-residential
structures in A Zones can either be dry floodproofed or elevated to the
BFE. In V Zones, the bottom of the lowest horizontal structural member
of the lowest floor of all new or substantially improved structures
must be elevated to or above the BFE. The NFIP floodplain management
requirements at 44 CFR 60.3 are designed to protect structures
constructed in floodplains from flood damages and are the basis for
actuarial flood insurance rating. For floodplain management and for
flood insurance coverage purposes we define the term ``structure'' in
44 CFR 59.1.
Flood insurance. The National Flood Insurance Act of 1968, as
amended requires that FEMA charge full actuarial rates reflecting the
complete flood risk to structures built or substantially improved on or
after the effective date of the initial FIRM for the community or after
December 31, 1974, whichever is later, so that the risks associated
with structures in flood prone areas are borne by those located in such
areas and not by the taxpayers at large. These structures are referred
to as Post-FIRM. The NFIP flood insurance rates for new construction
are based on the degree of the flood risk reflected by the flood risk
zone on the FIRM. Flood insurance rates also take into account a number
of other factors including the elevation of the lowest floor above or
below the BFE, type of structure, and the existence of a basement or an
enclosure.
Mandatory purchase of insurance. The Flood Disaster Protection Act
of 1973 and the National Flood Insurance Reform Act of 1994 mandate the
purchase of flood insurance as a condition of Federal or federally-
related financial assistance for acquisition or construction of
structures in SFHAs of any community. The Acts prohibit Federal agency
lenders, such as the Small Business Administration, United States
Department of Agriculture's Rural Housing Service, and Government-
Sponsored Enterprises for Housing (Freddie Mac and Fannie Mae) from
making, increasing, guaranteeing, or purchasing a loan secured by
improved real estate or mobile home(s) in an SFHA, unless flood
insurance has been purchased and maintained during the term of the
loan. The Acts also prohibit federally-regulated lenders from making,
increasing, extending, or renewing any loan secured by improved real
estate located in the SFHA in a participating community unless the
secured property and any personal property securing the loan is covered
by flood insurance. The prohibition of financial assistance also
applies to non-participating communities.
Need for Interim Procedures
We revise NFIP flood maps for a number of reasons, such as the
availability of improved techniques for assessing the flood risk,
changes in the physical condition of the floodplain or watershed, or as
additional data become available to improve the identification of flood
hazards. The requirements for revising the FIRMs are established in the
NFIP Regulations at 44 CFR Part 65, Identification and Mapping of
Special Hazard Areas. FEMA can also revise a FIRM when property owners,
whose land is in an SFHA and the elevation is below the BFE, request a
map change as a result of grading and filling their site to raise the
level of the land above the 1-percent annual chance flood level. The
criteria for determining whether to remove unimproved land or land with
structures from the SFHA by raising ground elevations using engineered
earthen fill are established in Sec. 65.5. If the criteria under
Sec. 65.5 are met, we will issue a Letter of Map Revision Based on Fill
(also referred to as a LOMR-F).
Specifically, unimproved land (land without a structure) can be
removed from the SFHA under 44 CFR 65.5(a)(3) if the ground elevations
of the entire legally defined parcel of land are at or above the BFE.
Land that is removed under paragraph 65.5(a)(3) is no longer subject to
the NFIP floodplain management requirements at 44 CFR 60.3, which
includes the requirement that the lowest floor (including basement) be
elevated to or above the BFE. In addition, future structures placed on
this unimproved land would not be subject to the mandatory flood
insurance purchase requirement of the NFIP.
If a structure is involved, we will determine whether a structure
is to be removed from the SFHA under 44 CFR 65.5(a)(4) by comparing the
elevation of the lowest floor (including basement) and the elevation of
the lowest adjacent grade with the BFE. If the entire structure and the
lowest adjacent grade are at or above the BFE, the structure may be
removed from the SFHA. Once we issue a LOMR-F, the NFIP floodplain
management requirements at 44 CFR 60.3 and the mandatory flood
insurance purchase requirement of the NFIP no longer apply. However, if
the structure involved does not meet the criteria that the entire
structure and the lowest adjacent grade are at or above the BFE, the
structure is not removed from the SFHA and the structure is still
subject to the NFIP floodplain management requirements and the
mandatory flood insurance purchase requirement.
When requesting a LOMR-F, property owners are required to submit
adequate supporting data according to the criteria established in
Sec. 65.5, such as a legal description of the property and information
regarding the placement of fill. In addition, a community must be made
aware of a request for a LOMR-F because changes in land elevations may
impact other property owners. Community acknowledgement of a request
for a LOMR-F confirms that the community has reviewed the LOMR-F
request and found that it meets all of the community's applicable
floodplain management regulations, including the requirement that no
fill be placed in the regulatory floodway.
There has been considerable confusion over the provision under
which a LOMR-F request will be processed [paragraph 65.5(a)(3) or
paragraph 65.5(a)(4)]. At issue is what constitutes ``if a structure is
involved'' that subjects the LOMR-F request to the elevation
requirements of paragraph 65.5(a)(4). We are providing these interim
procedures to clarify when we will process a LOMR-F request under
paragraph 65.5(a)(3) and when we will process a LOMR-F request under
paragraph 65.5(a)(4).
We also recognize the possible inconsistent treatment of structures
for LOMR-F requests processed under 65.5(a)(3) or 65.5(a)(4). A
structure that is constructed on unimproved land that has been removed
from the SFHA under of paragraph 65(a)(3) is not required to meet the
NFIP floodplain management design and construction requirements.
Whereas, a structure that falls under paragraph 65.5(a)(4) must meet
certain requirements to ensure that the lowest floor (including
basement) is elevated to or above the BFE before the land and structure
are removed from the SFHA.
We are concerned that structures built on land that was previously
removed from the SFHA under Sec. 65.5(a)(3) may still be subject to
flood damages during the base flood and higher magnitude floods. This
risk will vary depending on whether or not the structure has a basement
below the BFE, the soil conditions at the site, duration of flooding,
and the location of the structure relative to the edge of the SFHA.
Therefore, we strongly encourage communities to review permit
applications for structures built after a LOMR-F is issued under
paragraph 65.5(a)(3) to ensure structures are reasonably protected from
flood damages. When a community joins the NFIP, it must initially adopt
a resolution
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or ordinance that expresses a ``commitment to recognize and evaluate
flood hazards in all official actions and to take such other official
action as reasonably necessary to carry out the objectives of the
program'' [44 CFR 59.22(a)(8)]. This is in addition to the general
requirement that the community ``take into account flood hazards to the
extent that they are known in all official actions relating to land
management and use'' [44 CFR 60.1(c)]. One way communities can ensure
that structures are reasonably protected is to require that the lowest
floor (including basement) of the structure be elevated to or above the
BFE designated for the site prior to issuance of the LOMR-F. Another
way communities can ensure that structures are reasonably safe from
flooding is to require that saturated soil conditions during a base
flood event do not adversely impact structures.
Interim Procedures
We will process all LOMR-F requests received after the date of this
notice as follows (these procedures will apply to single and multi-lot
LOMR-F requests, which may involve one structure or multiple
structures):
Paragraph 65.5(a)(3) will apply to requests to remove
unimproved land elevated by placement of engineered fill if a structure
is not involved at the time of the application for a LOMR-F.
Paragraph 65.5(a)(4) will apply to requests to remove land
elevated by placement of engineered fill if a structure is involved at
the site at the time of the application for a LOMR-F.
We base a determination of whether a ``structure is
involved'' on the date the building or other floodplain development
permit was issued. As part of the community acknowledgement of the
LOMR-F request on MT-1 Form 4, the community must indicate (in the
comments section) whether a permit has been issued, or the requestor
must indicate whether a permit has been issued. If the community has
issued a permit, we will consider that a structure is involved and
process the LOMR-F request under Paragraph 65.5(a)(4).
We strongly encourage community officials to review permit
applications for structures built after a LOMR-F is issued under
paragraph 65.5(a)(3) to minimize flood damages. One way communities can
ensure that structures are adequately protected is to require that the
lowest floor (including basement) of the structure be elevated to or
above the BFE designated for the site prior to issuance of the LOMR-F.
We will not actively review previously issued
determinations under Sec. 65.5 for conformity with these interim
procedures. We will, however, review previously denied applications for
a LOMR-F processed under paragraph 65.5(a)(4) upon written request.
Such requests must include documentation on the date of ``start of
construction'' for any structures located on the legally defined parcel
that was the subject of the previously denied application for a LOMR-F.
New LOMR-F requests and requests for LOMR-F
redeterminations will be subject to the current fee schedule
established in 44 CFR Part 72.
Future Actions by FEMA
We intend to address the issue of inconsistent treatment of
structures under the two provisions for requesting a LOMR-F to remove
unimproved land and land with structures from the SFHA. Our objectives
are to ensure that flood damages are minimized and that the SFHA is
identified in a consistent manner.
Dated: August 20, 1999.
Michael Armstrong,
Associate Director for Mitigation.
[FR Doc. 99-22642 Filed 8-31-99; 8:45 am]
BILLING CODE 6718-04-P
