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FEMA Flood Management Measures CorrespondenceMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: FEMA Correspondence - Floodplain Management Measures DATE: July 23, 2011 Dubuque bfrd AM- AmedcaCity 1 1 1 1 2007 Planning Services Manager Laura Carstens recommends City Council approval of a letter to be sent to the Federal Emergency Management Agency (FEMA) regarding the City's efforts to implement the required floodplain management measures for participation in the National Flood Insurance Program. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager aelC.VanM Masterpiece on the Mississippi TO: Michael Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager . j SUBJECT: FEMA correspondence — Floodplain Management Measures DATE: July 21, 2011 Dubuque All- America city 1111 L► 2007 INTRODUCTION The City of Dubuque has been working with the Federal Emergency Management Agency (FEMA) since July 2009 to update the City's Flood Insurance Rate Maps (FIRM) to the new Digital Flood Insurance Rate Maps (DFIRM) as part of FEMA's program to update the nation's flood maps. The City of Dubuque was informed on April 18, 2011 by FEMA that the latest version of the City's DFIRM will go into effect on October 18, 2011. The City has received additional correspondence from FEMA regarding floodplain management measures (see enclosure). A City letter in response is enclosed. DISCUSSION The Planning Services Department has received the Flood Insurance Study and FIRM for the community. City staff believes these new FEMA flood maps are of sufficient quality and accuracy that we can effectively administer the City's floodplain management requirements as required by the National Flood Insurance Program (NFIP). Planning Services staff have initiated a public outreach effort on the new maps and the importance of flood insurance. In anticipation of the new flood maps being effective on October 18, 2011, the City's Planning staff partnered with FEMA Region VII staff to hold three informational meetings on June 8, 2011. The first meeting was a seminar geared toward insurance agents, lenders, realtors and civil engineers to review floodplain issues and flood insurance. Two additional informational meetings were held for property owners identified as being in a floodplain. During the informational seminar with FEMA staff, it was learned that there is a relatively new process whereby FEMA will provide a written determination where a FEMA correspondence — Floodplain Management Measures property has a designated floodplain on it, but where the structure itself is outside the floodplain. These are called Letter of Map Amendments — Out As Shown (LOMA -OAS). With the new maps, the City will have a total of 778 properties in a designated floodplain. Planning staff has identified 236 properties within the city that would qualify for such a determination. The LOMA -OAS will help these property owners avoid the more costly flood insurance premiums. Planning staff will assist each property owner with the process to apply for a LOMA -OAS and prepare necessary documentation at no charge. LOMA -OAS applications will be filed near the end of August. FEMA will provide a determination to both the property owner and the City Floodplain Administrator within 60 -90 days of receiving a property owner's application. As noted in the enclosed July 5, 2011 letter, FEMA has notified the City of Dubuque that we must use the new maps as the basis for the City's floodplain management measures. Section 6 -4 of the Unified Development Code (UDC) establishes the Floodplain Regulations for the City of Dubuque that will fulfill this requirement. As recommended in the FEMA letter, Planning staff has sent a copy of our current regulations to the Iowa Department of Natural Resources (IDNR) Floodplain Management Section. The IDNR, in cooperation with FEMA, has reviewed our floodplain regulations for compliance with current state regulations and provided additional language for adoption of the new maps. Once Planning staff revised our current regulations to IDNR's satisfaction, a text amendment will be prepared for City Council review to amend UDC Section 6 -4 Flood Hazard Overlay District to adopt the new flood maps and the required floodplain management measures. Once adopted, these regulations will be submitted to FEMA and IDNR for their concurrence and approval prior to October 18, 2011. This action will enable to City to continue to participate in the NFIP. RECOMMENDATION I recommend that the City Council authorize the Mayor to sign and send the enclosed letter to FEMA regarding the City's efforts to implement the required floodplain management measures for participation in the NFIP. Enclosures cc: Gus Psihoyos, City Engineer Teri Goodmann, Assistant City Manager Kyle Kritz, Associate Planner 2 Masterpiece on the Mississippi Sandra K. Knight, PhD, PE Deputy Federal Insurance and Mitigation Administrator Federal Emergency Management Agency U. S. Department of Homeland Security 500 C Street, SW Washington DC 20472 Dear Ms. Knight:. Thank you for your letter of July 5, 2011 regarding the City of Dubuque's efforts to implement floodplain management measures that will enable the community to continue to participate in the National Flood Insurance Program (NFIP). The City of Dubuque appreciates the cooperation of FEMA Region VII staff to help us develop new flood insurance rate maps that are of sufficient quality and accuracy that we can effectively administer the City's floodplain regulations as required by the NFIP. The City appreciates as well the expertise of FEMA Region VII staff who assisted City Planning staff with a professional seminar and two public informational meetings In Dubuque on June 8, 2011 to review the new flood maps and the NFIP. This assistance was invaluable in the City's public outreach effort on the new maps and the importance of flood insurance. The City appreciates the assistance and guidance being provided by the Iowa Department of Natural Resources (IDNR) Floodplain Management Section in updating the City's floodplain management measures to comply with IDNR and FEMA requirements. We have every confidence that we will be able to provide updated floodplain management measures for the City of Dubuque that will meet with FEMA's approval. Sincerely, Roy DVBuoI Mayor /0 LI Dubuque A1- America City 1111 LI 2007 Office of the Mayor City Hall 50 West 13th Street Dubuque, Iowa 52001 -4805 www.cityofdubuque.org Service People Integrity Responsibility Innovation Teamwork August 2, 2011 cc: City Council Members Michael Van Milligen, City Manager Laura Carstens, Planning Services Manager Gus Psihoyos, City Engineer Teri Goodmann, Assistant City Manager Kyle L. Kritz, Associate Planner Beth Freeman, Regional Administrator, FEMA Region VII Bill Cappuccio, NFIP State Coordinator, IDNR JUL 0 5 2011 RECEIVED 11 JUL I I AM 10: 53 City Clerk's Office CERTIFIED MAIL Dubuque, IA RETURN RECEIPT REQUESTED The Honorable Roy Buol Mayor, City of Dubuque 50 West Thirteenth Street Dubuque, Iowa 52001 Dear Mayor Buol: U.S. Department of Homeland Securjt� %� 500 C Street, SW Washington, DC 20472 FEMA I commend you for the efforts that have been put forth in implementing the floodplain management measures for the City of Dubuque, Iowa, to participate in the National Flood Insurance Program (NFIP). As you implement these measures, I want to emphasize the following: a Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) have been completed for your community; the FIS and FIRM will become effective on October 18, 2011; and by the FIS and FIRM effective date, the Department of Homeland Security's Federal Emergency Management Agency (FEMA) Regional Office is required to approve the legally enforceable floodplain management measures your community adopts in accordance with Title 44 Code of Federal Regulations Section 60.3(d). As noted in FEMA's letter dated April 18, 2011, no significant changes have been made to the flood hazard data on the Preliminary and/or revised Preliminary copies of the FIRM for Dubuque County. Therefore, .the City of Dubuque should use the Preliminary and/or revised Preliminary copies of the FIRM as the basis for adopting the required floodplain management measures. Final printed copies of the FIRM for the City of Dubuque will be sent to you within the next few months. If you encounter difficulties in enacting the measures, I recommend you contact the Iowa Department of Natural Resources. You may contact Bill Cappuccio, the NFIP State Coordinator, by telephone at (515) 281 -8942, in writing at 502 East Ninth Street, Des Moines, Iowa 50319, or by electronic mail at bill.cappuccio @dnr.iowa.gov. The FEMA Regional staff in Kansas City, Missouri, is also available to provide technical assistance and guidance in the development of floodplain management measures. The adoption of compliant floodplain management measures will provide protection for the City of Dubuque and will ensure its participation in the NFIP. The Regional Office may be contacted by telephone at (816) 283 -7002 or in writing. Please send your written inquiries to the Director, Federal Insurance and Mitigation Division, FEMA Region VII, at 9221 Ward Parkway, Suite 300, Kansas City, Missouri 64114 -3372. www.fema.gov The Honorable Roy Buol JUL 0 5 2011 Page 2 You may have already contacted the NFIP State Coordinator and/or the FEMA Regional Office, and may be in the final adoption process or recently adopted the appropriate measures. However, in the event your community has not adopted the appropriate measures, this letter is FEMA's official notification that you only have until October 18, 2011, to adopt and/or submit a floodplain management ordinance that meets or exceeds the minimum NFIP requirements, and request approval from the FEMA Regional Office by the effective date. Your community's adopted measures will be reviewed upon receipt and the FEMA Regional Office will notify you when the measures are approved. I appreciate yotir- cooperation to ensure that your community's fioot1plain`management measures are approved by the FEMA Regional Office by October 18, 2011. Your compliance with these mandatory program requirements will enable your community to avoid suspension from the NFIP. Sandra K. Knight, PhD, PE Deputy Federal Insurance and Mitigation Administrator, Mitigation cc: Beth Freeman, Regional Administrator, FEMA Region VII Bill Cappuccio, NFIP State Coordinator, Iowa Department of Natural Resources Laura Carstens, Floodplain Administrator/Planning Services Manager, City of Dubuque 44 Code of Federal Regulations § 60.3 Flood plain management criteria for flood -prone areas. The Federal Insurance Administrator will provide the data upon which flood plain management regulations shall be based. If the Federal Insurance Administrator has not provided sufficient data to furnish a basis for these regulations in a particular community, the community shall obtain, review and reasonably utilize data available from other Federal, State or other sources pending receipt of data from the Federal Insurance Administrator. However, when special flood hazard area designations and water surface elevations have been furnished by the Federal Insurance Administrator, they shall apply. The symbols defining such special flood hazard designations are set forth in §64.3 of this subchapter. In all cases the minimum requirements governing the adequacy of the flood plain management regulations for flood -prone areas adopted by a particular community depend on the amount of technical data formally provided to the community by the Federal Insurance Administrator. Minimum standards for communities are as follows: (a) When the Federal Insurance Administrator has not defined the special flood hazard areas within a community, has not provided water surface elevation data, and has not provided sufficient data to identify the floodway or coastal high hazard area, but the community has indicated the presence of such hazards by submitting an application to participate in the Program, the community shall: (1) Require permits for all proposed construction or other development in the community, including the placement of manufactured homes, so that it may determine whether such construction or other, development is proposed•within flood-prone-areas;-" - _ _ _ __ „- ... _. ... (2) Review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by Federal or State law, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334; (3) Review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood -prone area, all new construction and substantial improvements shall (i) be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, (ii) be constructed with materials resistant to flood damage, (iii) be constructed by methods and practices that minimize flood damages, and (iv) be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (4) Review subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal or other proposed new development is in a flood -prone area, any such proposals shall be reviewed to assure that (i) all such proposals are consistent with the need to minimize flood damage within the flood -prone area, (ii) all public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage, and (iii) adequate drainage is provided to reduce exposure to flood hazards; (5) Require within flood -prone areas new and replacement water supply systems to be designed to minimize or eliminate infiltration of flood waters into the systems; and (6) Require within flood -prone areas (i) new and replacement sanitary sewage systems to be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and (ii) onsite waste disposal systems to be located-to avoid impairment to them or contamination from them during flooding. (b) When the Federal Insurance Administrator has designated areas of special flood hazards (A zones) by the publication of a community's FHBM or FIRM, but has neither produced water surface elevation data nor identified a floodway or coastal high hazard area, the community shall: (1) Require permits for all proposed construction and other developments including the placement of manufactured homes, within Zone A on the community's FHBM or FIRM; (2) Require the application of the standards in paragraphs (a) (2), (3), (4), (5) and (6) of this section to development within Zone A on the community's FHBM or FIRM; [41 FR 46975, Oct. 26, 1976] http: / /ecfr.gpoaccess.gov Accessed July 20, 2009. 44 Code of Federal Regulations (3) Require that all new subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than 50 lots or 5 acres, whichever is the lesser, include within such proposals base flood elevation data (4) Obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State, or other source, including data developed pursuant to paragraph (b)(3) of this section, as criteria for requiring that new construction, substantial improvements, or other development in Zone A on the community's FHBM or FIRM meet the standards in paragraphs (c)(2), (c)(3), (c)(5), (c)(6), (c)(12), (c)(14), (d)(2) and (d)(3) of this section; (5) Where base flood elevation data are utilized, within Zone A on the community's FHBM or FIRM: (i) Obtain the elevation (in relation to mean sea level) of the lowest floor (including basement) of all new and substantially improved structures, and (ii) Obtain, if the structure has been floodproofed in accordance with paragraph (c)(3)(ii) of this section, the elevation (in relation to mean sea level) to which the structure was floodproofed, and (iii) Maintain a record of all such information with the official designated by the community under §59.22 (a)(9)(iii); (6) Notify, in riverine situations, adjacent communities and the State Coordinating Office prior to any alteration or relocation of a watercourse, and submit copies of such notifications to the Federal Insurance Administrator; (7) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained; (8) Require that all manufactured homes to be placed within Zone A on a community's FHBM or FIRM shall be installed using methods and practices which nlinimi7e flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not to be limited to, use of over -the -top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. (c) When the Federal Insurance Administrator has provided a notice of final flood elevations for one or more special flood hazard areas on the community's FIRM and, if appropriate, has designated other special flood hazard areas without base flood elevations on the community's FIRM, but has not identified a regulatory floodway or coastal high hazard area, the community shall: (1) Require the standards of paragraph (b) of this section within all A1-30 zones, AE zones, A zones, AH zones, and AO zones, on the community's FIRM; (2) Require that all new construction and substantial improvements of residential structures within Zones A1-30, AE and AH zones on the community's FIRM have the lowest floor (including basement) elevated to or above the base flood level, unless the community is granted an exception by the Federal Insurance Administrator for the allowance of basements in accordance with §60.6 (b) or (c); (3) Require that all new construction and substantial improvements of non - residential structures within Zones A1-30, AE and AH zones on the community's firm (i) have the lowest floor (including basement) elevated to or above the base flood level or, (ii) together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; (4) Provide that where a non - residential structure is intended to be made watertight below the base flood level, (i) a registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of paragraph (c)(3)(ii) or (c)(8)(ii) of this section, and (ii) a record of such certificates which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained with the official designated by the community under §59.22(a)(9)(iii); (5) Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than abasement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: 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 [41 FR 46975, Oct. 26, 1976] http: / /ecfr.gpoaccess.gov Accessed July 20, 2009. 44 Code of Federal Regulations flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (6) Require that manufactured homes that are placed or substantially improved within Zones A1-30, AH, and AE on the community's FIRM on sites (i) Outside of a manufactured home park or subdivision, (ii) In a new manufactured home park or subdivision, (iii) In an expansion to an existing manufactured home park or subdivision, or (iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist floatation collapse and lateral movement. (7) Require within any AO zone on the community's FIRM that all new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as .high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified); (8) Require within any AO zone on the community's FIRM that all new construction and substantial improvements of nonresidential structures (i) have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified), or (ii) together with attendant utility and sanitary facilities be completely floodproofed to that level to meet the floodproofing standard specified in §60.3(c)(3)(ii); (9) Require within any A99 zones on a community's FIRM the standards of paragraphs (a)(1) through (a)(4)(i) and (b)(5) through (b)(9) of this section; (10) Require until a regulatory floodway is designated, that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. (11) Require within Zones AH and AO, adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures. (12) Require that manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A-1-30, AH, and AE on the community's FIRM that are not subject to the provisions of paragraph (c)(6) of this section be elevated so that either (i) The lowest floor of the manufactured home is at or above the base flood elevation, or (ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement. (13) Notwithstanding any other provisions of §60.3, a community may approve certain development in Zones A1-30, AE, and AH, on the community's FIRM which increase the water surface elevation of the base flood by more than one foot, provided that the community first applies for a conditional FIRM revision, fulfills the requirements for such a revision as established under the provisions of §65.12, and receives the approval of the Federal Insurance Administrator. (14) Require that recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's FIRM either (i) Be on the site for fewer than 180 consecutive days, (ii) Be fully licensed and ready for highway use, or [41 FR 46975, Oct. 26, 1976] http: / /ecfr.gpoaccess.gov Accessed July 20, 2009. 44 Code of Federal Regulations (iii) Meet the permit requirements of paragraph (b)(1) of this section and the elevation and anchoring requirements•for "manufactured homes" in paragraph (c)(6) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. (d) When the Federal Insurance Administrator has provided a notice of final base flood elevations within Zones A1-30 and/or AE on the community's FIRM and, if appropriate, has designated AO zones, AH zones, A99 zones, and A zones on the community's FIRM, and has provided data from which the community shall designate its regulatory floodway, the community shall: (1) Meet the requirements of paragraphs (c) (1) through (14) of this section; (2) Select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood, without increasing the water surface elevation of that flood more than one foot at any point; (3) Prohibit encroachments, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge; (4) Notwithstanding any other provisions of §60.3, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a conditional FIRM and floodway revision, fulfills the requirements for such revisions as established under the provisions of §65.12, and receives the approval of the Federal Insurance Administrator. (e) When the Federal Insurance Administrator has provided a notice of final base flood elevations within Zones A1-30 and/or AE on the community's FIRM and, if appropriate, has designated AH zones, AO zones, A99 zones, and A zones on the community's FIRM, and has identified on the community's FIRM coastal high hazard areas by designating Zones V1-30, VE, and/or V, the community shall: (1) Meet the requirements of paragraphs (c)(1) through (14) of this section; (2) Within Zones V1 -30, VE, and V on a community's FIRM, (i) obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures, and whether or not such structures contain a basement, and (ii) maintain a record of all such information with the official designated by the community under §59.22(a)(9)(iii); (3) Provide that all new construction within Zones V1-30, VE, and V on the community's FIRM is located landward of the reach of mean high tide; (4) Provide that all new construction and substantial improvements in Zones V1-30 and VE, and also Zone V if base flood elevation data is available, on the community's FIRM, are elevated on pilings and cobimns so that (i) the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level; and (ii) the pile or column foundation and structure attached thereto is anchored to resist . flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable State or local building standards. A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of paragraphs (e)(4) (i) and (ii) of this section. (5) Provide that all new construction and substantial improvements within Zones V1 -30, VE, and V on the community's FIRM have the space below the lowest floor either free of obstruction or constructed with non- supporting breakaway walls, open wood lattice -work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purposes of this section, a breakway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of brealcway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by local or State [41 FR 46975, Oct. 26, 1976] http: / /ecfr.gpoaccess.gov Accessed July 20, 2009. 44 Code of Federal Regulations codes) may be permitted only if.a registered professional engineer or architect certifies that the designs proposed meet the following conditions: (i) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and, (ii) The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and non - structural). Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable State or local building standards. Such enclosed space shall be useable solely for parking of vehicles, building access, or storage. (6) Prohibit the use of fill for structural support of buildings within Zones V1-30, VE, and V on the community's FIRM; (7) Prohibit man-made alteration of sand dunes and mangrove stands within Zones V1-30, VE, and V on the community's FIRM which would increase potential flood damage. (8) Require that manufactured homes placed or substantially improved within Zones V1-30, V, and VE on the community's FIRM on sites (i) Outside of a manufactured home park or subdivision, (ii) In a new manufactured home park or subdivision, (iii) In an expansion to an existing manufactured home park or subdivision, or (iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, meet the standards of paragraphs (e)(2) through (7) of this section and that manufactured homes placed or substantially improved on other sites in an existing manufactured home park or subdivision within Zones VI 30, V, and VE on the community's FIRM meet the requirements of paragraph (c)(12) of this section. (9) Require that recreational vehicles placed on sites within Zones V1-30, V, and VE on the community's FIRM either (i) Be on the site for fewer than 180 consecutive days, (ii) Be fully licensed and ready for highway use, or (iii) Meet the requirements in paragraphs (b)(1) and (e) (2) through (7) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. (f) When the Federal Insurance Administrator has provided a notice of final base flood elevations within Zones A1-30 or AE on the community's FIRM, and, if appropriate, has designated AH zones, AO zones, A99 zones, and A zones on the community's FIRM;d has identified flood protection restoration areas by designating Zones AR, AR/A1-30, AR/AE, AR/AH, AR/AO, or AR/A, the community shall: (1) Meet the requirements of paragraphs (c)(1) through (14) and (d)(1) through (4) of this section. (2) Adopt the official map or legal description of those areas within Zones AR, AR/A1-30, AR/AE, AR/AH, AR/A, or AR/AO that are designated developed areas as defined in §59.1 in accordance with the eligibility procedures under §65.14. (3) For all new construction of structures in areas within Zone AR that are designated as developed areas and in other areas within Zone AR where the AR flood depth is 5 feet or less: (i) Determine the lower of either the AR base flood elevation or the elevation that is 3 feet above highest adjacent grade; and (ii) Using this elevation, require the standards of paragraphs (c)(1) through (14) of this section. [41 FR 46975, Oct. 26, 1976] http://ecfr.groaccess.gov Accessed July 20, 2009. 44 Code of Federal Regulations (4) For all new construction of structures in those areas within Zone AR that are not designated as developed areas where the AR flood depth is greater than 5 feet: (i) Determine the AR base flood elevation; and (ii) Using that elevation require the standards of paragraphs (c)(1) through (14) of this section. (5) For all new construction of structures in areas within Zone ARAAl 30, AR/AE, AR/AH, AR/AO, and AR/A: (i) Determine the applicable elevation for Zone AR from paragraphs (a)(3) and (4) of this section; (ii) Determine the base flood elevation or flood depth for the underlying A1-30, AE, AH, AO and A Zone; and (iii) Using the higher elevation from paragraphs (a)(5)(i) and (ii) of this section require the standards of paragraphs (c)(1) through (14) of this section. (6) For all substantial improvements to existing construction within Zones AR/A1-30, AR/AE, AR/AH, AR/AO, and AR/A: (i) Determine the A1-30 or AE, AH, AO, or A Zone base flood elevation; and (ii) Using this elevation apply the requirements of paragraphs (c)(1) through (14) of this section. (7) Notify the permit applicant that the area has been designated as an AR, AR/A1 -30, AR/AE, AR/AH, AR/AO, or AR/A Zone and whether the structure will be elevated or protected to or above the AR base flood elevation. [41 FR 46975, Oct. 26, 1976] http: / /ecfr.gpoaccess.gov Accessed July 20, 2009.