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
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February 10, 2010
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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.
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February 10, 2010
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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
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February 10, 2010
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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:
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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.
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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