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.