Loading...
Legislative Correspondenc_HSB 573_Flood Plain ManagementVIA E -Mail & 1 Class Mail «Email» February 10, 2010 «CompleteOFFICIALNameAddress» Re: House Study Bill 608 Dear «Title» «Last»: This letter is in regard to House Study Bill 608. The City of Dubuque is opposed to this legislationkor the following reasons. 500 -Year Flood Plain Regulation Section 1 of this bill prohibits financial assistance for flood damage recovery if the flood - damaged property was developed within a 500 -year flood plain after July 1, 2010. Section 1 also prohibits financial assistance for any type of development taking place in a 500 -year flood plain. The City of Dubuque's primary concern is that the National Flood Insurance Program (NFIP), since its inception 40 years ago, has used the 100 -year flood plain as the regulatory flood plain. Citizens have made decisions about the locations of their homes and businesses based on this regulatory flood plain. The City's current flood map indicates the area along the Mississippi River inundated by the 500 -year flood plain as a shaded Zone X. This 500 -year flood plain, shown in yellow on the enclosed aerial map, includes the entire Kerper Boulevard and Kerper Court industrial areas where McGraw -Hill and Eagle Window & Door are located, the 12 Street Peninsula where Peavey Grain and Koch Materials are located, as well as the Port of Dubuque, home of the America's River project and National Mississippi River Museum& Aquarium. There currently are approximately 70 structures within the 100 -year flood plain on the City's flood insurance rate map established by FEMA. Approximately half are residential; the rest are commercial and industrial properties. In the 500 -year flood plain are the Downtown, the Port of Dubuque, the Historic Millwork District, portions of the «Title» «First» «Last» February 10, 2010 Page 2 historic Washington and North End Neighborhoods, and Kerper Boulevard industrial park. There are approximately 838 properties within this 500 -year flood plain. Of these properties, 620 are primarily residential and accommodate an estimated 775 residential units. Approximately 218 of these properties are commercial or industrial. Many of the businesses, industries, and City facilities within the 500 -year flood plain (yellow Zone X areas) were constructed after the City's flood wall and levee system was built to protect the community's riverfront from the 100 -year flood. And, many of these properties also were the beneficiaries of State assistance for job retention and job creation. In a highly competitive environment, the City of Dubuque fights hard to attract and retain industries and businesses to provide jobs for Dubuque's citizens. These properties are currently protected from the 100 -year flood of the Mississippi River by a levee system that the City spends a significant effort to maintain. The current flood insurance rate map indicates that these businesses are within the 500 -year Mississippi River flood plain. However, the U.S. Army Corps of Engineers' 2008 Upper Mississippi River Comprehensive Plan concludes that the Dubuque levee protects the city from the 500 -year flood. The City of Dubuque has regulated flood plain development since 1990 based on the Iowa Department of Natural Resources model ordinance. This ordinance allows construction in the flood plain through elevation or flood proofing of a structure. This ordinance also allows recreational uses, such as parks and trails, in the flood plain. State assistance has been used for park improvements and bike /hike trails in flood plains in accordance with approved flood plain regulations. Since the 100 -year flood plain has been used as the regulatory flood plain for over 40 years throughout the country, we sincerely doubt many levees have been built to protect Iowa cities from the 500 -year flood. Rather than expand the regulatory flood plain to the 500 -year flood, the State of Iowa should first look at the effectiveness of regulations and whether they have been consistently applied by Iowa communities for the 100 -year flood plain. If 40 years of regulating the 100 -year flood plain have not been effective in reducing flood damage, how does expanding these regulations to the 500 -year flood plain improve matters? We also point out that this legislation, if approved, would disproportionately impact cities throughout the state. As we are all well aware, most cities began near the rivers of the state, and have grown outward. By changing to the 500 -year flood plain as the regulatory flood plain, many of Iowa's older communities would have a large portion of their older areas cut off from viable funding streams needed to maintain their important role in their community. «Title» «First» «Last» February 10, 2010 Page 3 We believe that high value areas of communities must be maintained in order to promote sound urban development and limit sprawling development that is not a sustainable approach to development. We believe that simply designating the 500 -year flood plain as the new regulatory flood plain will have many impacts not yet imagined that will have as much negative impact on a community as flood damage will. The danger is promoting a one size fits all approach to flood plain management rather than evaluating each community's situation and looking at the best course of action to minimize flood damage in the future. Critical Facilities Section 2 of the bill prohibits a facility critical for health and safety of the public and environment from being built in a 500 -year flood plain. Critical facilities in this bill includes hospitals and health care facilities, emergency operations centers, vital data storage centers; power generation and other utilities including related infrastructure; and any facilities that produce, use, or store toxic pollutants. Dubuque has significant miles of gravity flow sanitary sewers located in flood plains. The City of Dubuque, like many other cities in Iowa, has used stream valleys to run our sanitary sewer lines as it makes the most sense from a gravity flow situation. As areas develop, the City extends gravity sewers and lift stations to serve new development. The City needs to be able to make these kinds of investments to serve new areas, whether they are infill development or annexed territory. Conclusion House Study Bill 608 is one of the State Legislature's attempts to prevent a reoccurrence of the devastation suffered during the 2008 floods through a higher level of storm water and flood plain management. We support flood mitigation planning, storm water management, flood insurance, and floodplain management for cities and counties. We believe, however, further study is needed to better understand the impacts to cities and counties, and how flood plain management can be implemented more effectively. The City of Dubuque recommends the equitable application and enforcement any additional regulations mandated by the State. Too often cities are "islands of regulation in a sea of unenforcement." We stress the importance of developing regulations and enforcing those regulations equally in populated and rural areas. The standards for development and enforcement are often times higher in cities than in rural communities and unincorporated areas. This puts cities at a disadvantage and consequently promotes sprawl, poor stormwater management and flooding. Regulation often occurs in populated areas, but rural development contribute significantly to local, regional and state stormwater problems «Title» «First» «Last» February 10, 2010 Page 4 and flooding. Responsibility and enforcement needs to be shared by all, not just the larger cities who already are implementing flood plain and storm management practices. The City of Dubuque encourages you to withdraw your support for this legislation. Thank you for your consideration. Please feel free to contact me if you have any questions or need further information regarding the City of Dubuque's position on the proposed legislation. MCVM:Ic Enclosure cc: The Honorable Mayor and City Council Sincerely, Michael C. Van Milligen City Manager A - No Base Flood Elevations Determined AE - Base Flood Elevations Determined House Study Bill 608 PAG LIN HOUSE FILE BY (PROPOSED COMMITTEE ON REBUILD IOWA AND DISASTER RECOVERY BILL BY CHAIRPERSON SCHUELLER) A BILL FOR 1 An Act relating to development in five hundred year 2 floodplains. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5727YC (7) 83 tm /sc 1 1 Section 1. NEW SECTION. 29C.20B Financial assistance 1 2 limitations == floodplains. 1 3 1. Notwithstanding any provision to the contrary, financial 1 4 assistance from the state shall not be awarded for flood damage 1 5 recovery purposes if the flood = damaged property was developed 1 6 within a five hundred year floodplain after July 1, 2010. 1 7 2. Notwithstanding any provision to the contrary, financial 1 8 assistance from the state shall not be awarded for any type of 1 9 development taking place in a five hundred year floodplain. 1 10 Sec. 2. NEW SECTION. 29C.20C Critical structures in 1 11 floodplains. 1 12 After July 1, 2010, a facility critical for health and 1 13 safety of the public and environment shall not be built in a 1 14 five hundred year floodplain. For purposes of this section, 1 15 a "facility critical for health and safety of the public and 1 16 environment" means hospitals and health care facilities as 1 17 defined in section 135C.1; emergency operations centers 1 18 including fire, police, and rescue facilities; vital data 1 19 storage centers; power generation and other utilities including 1 20 related infrastructure such as principal points of utility 1 21 systems; and any facilities that produce, use, or store toxic 1 22 pollutants. 1 23 EXPLANATION 1 24 This bill relates to development in 500 year floodplains. 1 25 The bill prohibits financial assistance from being awarded 1 26 for flood damage recovery purposes if the flood = damaged 1 27 property was developed within a 500 year floodplain after July 1 28 1, 2010. The bill prohibits financial assistance from being 1 29 awarded for any type of development taking place in a 500 year 1 30 floodplain. 1 31 The bill prohibits a facility critical for health and safety 1 32 of the public and environment from being built in a 500 year 1 33 floodplain. A "facility critical for health and safety of the 1 34 public and environment" is defined in the bill. LSB 5727YC (7) 83 tm /sc The Honorable Pat Murphy Speaker of the House Iowa State Representative 155 N. Grandview Avenue Dubuque, IA 52001 The Honorable Tom Hancock Iowa State Senator 310 E. Main Street Epworth, IA, 52045 The Honorable Chuck Isenhart Iowa State Representative P.O. Box 3353 Dubuque, IA 52004 -3353 The Honorable Steven Lukan Iowa State Representative 7365 Columbus Street New Vienna IA 52065 The Honorable Pam Jochum Iowa State Senator 2368 Jackson Dubuque, IA 52001 The Honorable Roger Stewart Iowa State Senator 3936 317 Avenue Preston, IA 52069 The Honorable Thomas Schueller Iowa State Representative 503 W. Platt Street Maquoketa, IA 52060 The Honorable Ray Zirkelbach Iowa State Representative 526 N. Cedar Street Monticello, IA 52310 -1209