FEMA FIRM and FIS Appeals and DeterminationsO�VNRT �
j F Federal Emergency Management Age e�
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Washington, D.C. 20472 i2 AUG 23 PM 4: 15
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City i_;I�;tf;'s Office
CERTIFIED MAIL IN REPLY REFER TO: DfClei `'s , IA
RETURN RECEIPT REQUESTED APPEAL START
August 17, 2012
The Honorable Roy D. Buol Case No: 11- 07 -0655S
Mayor, City of Dubuque Community: City of Dubuque,
50 West 13`h Street Dubuque County, Iowa
Dubuque, Iowa 52001 Community No.: 195180
Dear Mayor Buol:
On May 4, 2012, the Department of Homeland Security's Federal Emergency Management Agency
(FEMA) provided your community with Preliminary copies of the revised Flood Insurance Rate Map
(FIRM) and Flood Insurance Study (FIS) report for Dubuque County, Iowa and Incorporated Areas.
FEMA has posted digital copies of these revised FIRM and FIS report materials to the following Website:
http: / /www.starr- team. com / staff/ RegionalWorkspaces /RegionVWDubuqueCountylowa/
Preliminary%20Maps /Forms /AllItems.aspx. The Preliminary FIRM and FIS report include proposed
flood hazard information for certain locations in the City of Dubuque. The proposed flood hazard
information may include addition or modification of Special Flood Hazard Areas, the areas that would be
inundated by the base (1- percent - annual- chance) flood; base flood elevations or depths; zone
designations; or regulatory floodways.
We have published a notice of the proposed flood hazard determinations in the Federal Register and will
publish a public notification concerning the appeal process (explained below) in the Telegraph Herald on
or about Friday, August 24, 2012, and Friday, August 31, 2012. We will also publish a separate notice of
the flood hazard determinations on the "Flood Hazard Determinations on the Web" portion of the FEMA
Website (www.fema.gov /plan/prevent/fhm /bfe). We have enclosed copies of the notice published in the
Federal Register and the newspaper notice for your information.
These proposed flood hazard determinations, if finalized, will become the basis for the floodplain
management measures that your community must adopt or show evidence of having in effect to qualify or
remain qualified for participation in the National Flood Insurance Program (NFIP). However, before any
new or modified flood hazard information is effective for floodplain management purposes, FEMA will
provide community officials and citizens an opportunity to appeal the proposed flood hazard information
presented on the preliminary revised FIRM and FIS report posted to the above - referenced Website.
Section 110 of the Flood Disaster Protection Act of 1973 (Public Law 93 -234) is intended to ensure an
equitable balancing of all interests involved in the setting of flood hazard determinations. The legislation
provides for an explicit process of notification and appeals for your community and for private persons
prior to this office making the flood hazard determinations final. The appeal procedure is outlined below
A
for your information and in the enclosed document titled Criteria for Appeals of Flood Insurance
Rate Maps.
During the 90 -day appeal period following the second publication of the public notification in the above -
named newspaper, any owner or lessee of real property in your community who believes his or her
property rights will be adversely affected by the proposed flood hazard determinations may appeal to you,
or to an agency that you publicly designate. It is important to note, however, that the sole basis for such
appeals is the possession of knowledge or information indicating that the proposed flood hazard
determinations are scientifically or technically incorrect. The appeal data must be submitted to FEMA
during the 90 -day appeal period. Only appeals of the proposed flood hazard determinations supported by
scientific or technical data can be considered before FEMA makes its final flood hazard determination at
the end of the 90 -day appeal period. Note that the 90 -day appeal period is statutory and cannot be
extended. However, FEMA also will consider comments and inquiries regarding data other than the
proposed flood hazard determinations (e.g., incorrect street names, typographical errors, omissions) that
are submitted during the appeal period, and will incorporate any appropriate changes to the revised FIRM
and FIS report before they become effective.
If your community cannot submit scientific or technical data before the end of the 90 -day appeal period,
you may nevertheless submit data at any time. If warranted, FEMA will revise the FIRM and FIS report
after the effective date. This means that the revised FIRM would be issued with the flood hazard
information presently indicated, and flood insurance purchase requirements would be enforced
accordingly, until such time as a revision could be made.
Any interested party who wishes to appeal should present the data that tend to negate or contradict our
findings to you, or to an agency that you publicly delegate, in such form as you may specify. We ask that
you review and consolidate any appeal data you may receive and issue a written opinion stating whether
the evidence provided is sufficient to justify an official appeal by your community in its own name or on
behalf of the interested parties. Whether or not your community decides to appeal, you must send copies
of individual appeals and supporting data, if any, to:
Emily Whitehead
STARR
11687 Lebanon Road
Cincinnati, Ohio 45241 -2012
(513) 842 -8200
If we do not receive an appeal or other formal comment from your community in its own name within
90 days of the second date of public notification, we will consolidate and review on their own merits such
appeal data and comments from individuals that you may forward to us, and we will make such
modifications to the proposed flood hazard information presented on the revised FIRM and in the revised
FIS report as may be appropriate. If your community decides to appeal in its own name, all individuals'
appeal data must be consolidated into one appeal by you, because, in this event, we are required to deal
only with the local government as representative of all local interests. We will send our final decision in
writing to you, and we will send copies to the community floodplain administrator, each individual
appellant, and the State NFIP Coordinator.
All appeal submittals will be resolved by consultation with officials of the local government involved, by
an administrative hearing, or by submission of the conflicting data to an independent scientific body or
appropriate Federal agency for advice. Use of a Scientific Resolution Panel (SRP) is also available to
your community in support of the appeal resolution process when conflicting scientific or technical data
are submitted during the appeal period. SRPs are independent panels of experts in hydrology, hydraulics,
and other pertinent sciences established to review conflicting scientific and technical data and provide
recommendations for resolution. An SRP is an option after FEMA and community officials have been
engaged in a collaborative consultation process for at least 60 days without a mutually acceptable
resolution of an appeal. Please refer to the enclosed "Scientific Resolution Panels" fact sheet for
additional information on this resource available to your community.
FEMA will make the reports and other information used in making the final determination available for
public inspection. Until the conflict of data is resolved and the revised FIRM becomes effective, flood
insurance available within your community will continue to be available under the effective NFIP map,
and no person shall be denied the right to purchase the applicable level of insurance at chargeable rates.
The decision by your community to appeal, or a copy of its decision not to appeal, should be filed with
this office no later than 90 days following the second publication of the flood hazard determination notice
in the above -named newspaper. Your community may find it appropriate to call further attention to the
proposed flood hazard determinations and to the appeal procedure by using a press release or other
public notice.
If warranted by substantive changes, during the appeal period we will send you Revised Preliminary
copies of the revised FIRM and FIS report. At the end of the 90 -day appeal period and following the
resolution of any appeals and comments, we will send you a Letter of Final Determination, which will
finalize the flood hazard information presented on the revised FIRM and FIS report and will establish an
effective date.
If you have any questions regarding participation in the NFIP, we encourage you to contact the Mitigation
Division Director, FEMA Region VII, in Kansas City, Missouri, either by telephone to (816) 283 -7061 or
in writing to 9221 Ward Parkway, Suite 300, Kansas City, Missouri 64114 -3372.
If you have any questions regarding the proposed flood hazard determinations, revised FIRM panels,
or revised FIS report for your community, please call our FEMA Information eXchange (FMIX),
toll free, at 1 877 FEMA MAP (1 877 336 2627) or e -mail the FMIX staff at
FEMAMapSpecialist@riskmapcds.com.
Sincerely,
Luis Rodriguez, P.E., Chief
Engineering Management Branch
Federal Insurance and Mitigation Administration
4
List of Enclosures:
Newspaper Notice
Proposed Flood Hazard Determinations FEDERAL REGISTER Notice
Criteria for Appeals of Flood Insurance Rate Maps
"Scientific Resolution Panels" Fact Sheet
cc: Community Map Repository
Laura Carstens, Planning Services Manager, City of Dubuque
DEPARTMENT OF HOMELAND SECURITY
FEDERAL EMERGENCY MANAGEMENT AGENCY
Proposed Flood Hazard Determinations for the City of Dubuque, Dubuque County, Iowa
The Department of Homeland Security's Federal Emergency Management Agency has issued a
preliminary Flood Insurance Rate Map (FIRM), and where applicable, Flood Insurance Study (FIS)
report, reflecting proposed flood hazard determinations within Dubuque County, Iowa. These flood
hazard determinations may include the addition or modification of Base Flood Elevations, base flood
depths, Special Flood Hazard Area boundaries or zone designations, or the regulatory floodway.
Technical information or comments are solicited on the proposed flood hazard determinations shown on
the preliminary FIRM and/or FIS report for the City of Dubuque, Dubuque County, Iowa. These flood
hazard determinations are the basis for the floodplain management measures that your community is
required to either adopt or show evidence of being already in effect in order to qualify or remain qualified
for participation in the National Flood Insurance Program. However, before these determinations are
effective for floodplain management purposes, you will be provided an opportunity to appeal the
proposed information. For information on the statutory 90 -day period provided for appeals, as well as a
complete listing of the communities affected and the locations where copies of the FIRM are available for
review, please visit FEMA's website at www.fema.gov /plan /prevent/fhm /bfe, or call the FEMA Map
Information eXchange (FMIX) toll free at 1- 877 -FEMA MAP (1- 877 - 336 - 2627).
44650 Federal Register/Vol. 77, No. 1.46 / Monday, July 30, 2012/Notices
Declared Disaster Areas: 97.049,
Disaster Housing Operations for Individuals
Presidentially Declared Disaster Assistance—
and Households; 97.050, Presidentially
Disaster Housing Operations for Individuals
Declared Disaster Assistance to Individuals
and Households; 97.050, Presidentially
and Households —Other Needs; 97.036,
Declared Disaster Assistance to Individuals
Disaster Grants — Public Assistance
and Households —Other Needs; 97.036,
(Presidentially Declared Disasters); 97.039,
Disaster Grants — Public Assistance
Hazard Mitigation Grant.
(Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.
W. Craig Fugate,
W. Craig Fugate,
Administrator, Federal Emergency
Management Agency.
IFR Doc, 2012 -18492 Filed 7- 27 -12; 8:45 am]
BILLING CODE 9111 -23 -P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
[internal Agency Docket No, FEMA -4068-
DR; Docket ID FEMA - 2012 -0002]
Florida; Amendment No. 4 to Notice of
a Major Disaster Declaration
AGENCY: Federal Emergency
Management Agency, DHS.
ACTION: Notice.
SUMMARY: This notice amends the notice
of a major disaster declaration for the
State of Florida (FEMA- 406£3 -DR),
dated July 3, 2012, and related
determinations.
DATES: Effective Date: July 17, 2012.
FOR FURTHER INFORMATION CONTACT:
Peggy Miller, Office of Response and
Recovery, Federal Emergency
Management Agency, 500 C Street SW.,
Washington. DC 20472, (202) 646 -3886.
SUPPLEMENTARY INFORMATION, The notice
of a major disaster declaration for the
State of Florida is hereby amended to
include the following areas among those
areas determined to have been adversely
affected by the event declared a major
disaster by the President in his
declaration of July 3, 2012.
Gilchrist and Polk Counties for Individual
Assistance,
Citrus, Lafayette, and Sarasota Counties for
Individual Assistance, (already designated for
Public Assistance).
Pinellas Countv for Public Assistance
(already designated for Individual
Assistance).
The following Catalog of Federal Domestic
Assistance Numbers (CFDA) are to be used
for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora
Brown Fund; 97.032, Crisis Counseling;
9,1.033, Disaster Legal Services; 97.034,
Disaster Unemployment Assistance (DUA);
97.046, Fire Management Assistance Grant;
97.048, Disaster Housing Assistance to
Individuals and Households In Presidentially
Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance—
Administrator, Federal Emergency
11anagement Agency.
IFR Doc. 2012 -18491 Filed 7- 27 -12; 8:45 amJ
BILLING CODE 9111 -23-P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
[Docket ID FEMA - 2012 -0003; Internal
Agency Docket No. FEMA -B -1259]
Proposed Flood Hazard
Determinations
AGENCY: Federal Emergency
Management Agency, DHS.
ACTION: Notice.
Individuals Repository address listed in the tables
below. Additionally, the current
effective FIRM and FIS report for each
community are accessible online
through the FEM A Map Service Center
at wtitTv.msc.fema.gov for comparison.
You may submit comments, identified
by Docket No. FEMA -B -1259, to Luis
Rodriguez, Chief, Engineering
Management Branch, Federal Insurance
and Mitigation Administration, FEMA,
500 C Street SW., Washington, DC
20472, (202) 646 -4064, or (email)
Luis.Rodriguez3 «;fema.rllls.gov.
SUMMARY: Comments are requested on
proposed flood hazard determinations,
which may include additions or
modifications of anv Base Flood
Elevation (BFE), base flood depth,
Special Flood Hazard Area (SFHA)
boundary or zone designation, or
regulatory floodwav on the Flood
Insurance Rate Maps (FIRMS), and
cohere applicable, in the supporting
Flood Insurance Study (FIS) reports for
the communities listed in the table
below. The purpose of this notice is to
seek general information and autllnent
regarding the preliminary FIRM, and
where applicable, the FIS report that the
Federal Emergency Management Agency
(FEMA) has provided to the affected
communities. The FIRM and FIS report
are the basis of the floodplain
management measures that the
community is required either to adopt
or to show evidence of having in effect
in order to qualify or remain qualified
for participation in the National Flood
Insurance Program (NFIP). In addition,
the FIRM and FIS report, once effective,
will be used by insurance agents and
others to calculate appropriate flood
insurance premium rates for new
buildings and the contents of those
buildings.
DATES: Comments are to be submitted
on or before October 29, 2012.
ADDRESSES: The Preliminary FIRM, and
where applicable, the FIS report for
each community are available for
inspection at both the online location
and the respective Community Map
FOR FURTHER INFORMATION CONTACT: Luis
Rodriguez, Chief, Engineering
Management Branch, Federal Insurance
and Mitigation Administration, FEMA,
500 C Street SW.. Washington, DC
20472, (202) 646 -4064, or (email)
Ltds.Rodriguez3 sfenla.dhs.gov; or visit
the FEMA Map Information eXchange
(FMIX) online at
rvww. floodmaps.fenla.gov/fhnll
finx -Inain.li tn1 i.
SUPPLEMENTARY INFORMATION, FEMA
proposes to make flood hazard
determinations for each community
listed below, in accordance with section
110 of the Flood Disaster Protection Act
of 1973, 42 U.S.C. 4104, and 44 CFR
67.4(a).
These proposed flood hazard
determinations, together with the
floodplain management criteria required
by 44 CFR 60.3, are the minimum that
are required. They should not be
construed to mean that the community
must change any existing ordinances
that are more stringent in their
floodplain management requirements.
The community may at anv time enact
stricter requirements of its own or
pursuant to policies established by other
Federal, State, or regional entities.
These flood hazard determinations are
used to meet the floodplain
management requirements of the NFIP
and also are used to calculate the
appropriate flood insurance premium
rates for new buildings built after the
FIRM and FIS report become effective.
The communities affected by the
flood hazard determinations are
provided in the tables below. Any
request for reconsideration of the
revised flood hazard information shown
on the Preliminary FIRM and FIS report
that satisfies the data requirements
outlined in 44 CFR 67.6(b) is considered
an appeal. Comments unrelated to the
flood hazard determinations also will be
considered before the FIRM and F'IS
report become effective.
Use of a Scientific Resolution Panel
(SRP) is available to communities in
support of the appeal resolution
process, SRPs are independent panels of
Federal Register/Vol. 77, No. 146/Monday, July 30, 2012/Notices 44651
experts in hydrology, hydraulics, and
mutually acceptable resolution of an
community are available for inspection
other pertinent sciences established to
appeal. Additional information
at both the online location and the
review conflicting scientific and
regarding the SRP process can be found
respective Community Map Repository
technical data and provide
online at rvitTi,.fema.gov/pdf/nuedia/
address listed in the tables.
recommendations for resolution. Use of
factsheets 120101srpfs.pdf.
Additionally, the current effective FIRM
the SRP only may be exercised after
The watersheds and /or communities
and FIS report for each community are
FEMA and local communities have been
affected are listed in the tables below.
accessible online through the FEMA
engaged in a collaborative consultation
The Preliminary FIRM, and where
Map Service Center at
process for at least 60 days without a
applicable, FIS report for each
www.msc.fema.gov for comparison.
Community
i Community map repository address
City of Dubuque, Iowa
Maps Available for Inspection Online at: http: / /Www.starr- team. com / Starr /Regional Workspaces IRegionVll /DubugtieCountylowa /Preliminary " /o20
Maps /Forms /All! terns. aspx
City of Dubuque ......................................................... ............................... City Hall, 50 West 13th Street, Dubuque, IA 52001.
Boyd County, Kentucky, and Incorporated Areas
Maps Available for Inspection Online at: http:// www. bakeraecom .com/index.phplkentucky/boyd/
City of Ashland ... ................ ............... ................ ...... ............ ...... I Department of Planning and Community Development, 1700 Greenup
i Avenue, Room 208, Ashland, KY 41101.
City of Catlettsburg .................................................... ............................... City Hall, 216 26th Street, Catlettsburg, KY 41129.
Unincorporated Areas of Boyd County ...................... ............................... I Boyd County Courthouse, 2800 Louisa Street. Catlettsburg, KY 41129.
Hampden County, Massachusetts (All Jurisdictions)
Maps Available for Inspection Online at: http:ll www .starr- team.comfstarr/Regional Workspaces /RegionliHampdenCountyMA !Preliminary °b20Maps
/Forms/Allltems.aspx
Sandra K. Knight,
City of Chicopee ........................................................
...............................
I City Hall Annex, 274 Front Street, 4th Floor, Chicopee, MA 01013.
Town of Blandford ........ ...............
-- ........... ........ ............ ......... .................
i Town Hall, 1 Russell Stage Road, Blandford, MA 01008.
Town of Granville .........-- .........................................
...............................
Town Hall, 707 Main Road, Granville, MA 01034.
Town of Montgomery ... ...........
-- ... ....... ........... - .......... .............................
Town Hall, 161 Main Road, Montgomery, MA 01085.
Town of Russell .... ........ ........
........ ...... ............ ...... -- ........... - ...................
Town Hall, 65 Main Street, Russell, MA 01071.
Town of Tolland ....................................................
......... ---- ...... ...........
Town Hall, 241 West Granville Road, Tolland, MA 01034.
Lee County, Texas, and Incorporated Areas
Maps Available for Inspection Online at: http:llwww.riskmap6.com
City of Giddings ... ........ ........ .................. .............. .. ....... - ........ ........... ....... City Hall, 118 East Richmond Street, Giddings, TX 78942.
Town of Lexington ... .... ............. .............. ....-- .......... -- ................ -- ... .... ! City Hall, 604 Wheatley Street, Lexington, TX 78947.
Unincorporated Areas of Lee County ........................ ............................... : Lee County Courthouse, 200 South Main Street, Room 107, Giddings,
TX 78942.
(Catalog of Federal Domestic Assistance No. DEPARTMENT OF HOMELAND
97.022. "Flood Insurance. ")
SECURITY
Sandra K. Knight,
Federal Emergency Management
Deputy Associate Administrator for
Agency
,Mitigation, Department of Homeland
Security. Federal Emergency Management
[Docket ID FEMA- 2012 -0003; Internal
Agencv.
Agency Docket No. FEMA —B -1261]
[FR Doc. 2012 -18531 Filed 7- 27 -12; 8:45 am)
Proposed Flood Hazard
BILLING CODE 9116 -12 -P
Determinations
AGENCY: Federal Emergency
Management Agency, DI-IS.
ACTION: Notice.
SUMMARY: Comments are requested. on
proposed flood hazard determinations,
which may include additions or
modifications of any Base Flood
Elevation (BFE), base flood depth,
Special Flood Hazard Area (SFHA)
boundary or zone designation, or
regulatory floodway on the Flood
Insurance Rate Maps (FIRMs), and
where applicable, in the supporting
Flood Insurance Study (FIS) reports for
the communities listed in the table
below. The purpose of this notice is to
seek general information and comment
regarding the preliminary FIRM, and
where applicable, the FIS report that the
Federal Emergency Management Agency
(FEMA) has provided to the affected
communities. The FIRM and FIS report
are the basis of the floodplain
management measures that the
community is required either to adopt
or to show evidence of having in effect
in order to qualify or remain qualified
for participation in the National Flood
Insurance Program (NFIP). In addition,
the FIRM and FIS report, once effective,
will be used by insurance agents and
others to calculate appropriate flood
insurance premium rates for new
Criteria for Appeals of
Flood Insurance Rate Maps
November 30, 2011
o�ei¢1fy
5
F MA
This document outlines the criteria for appealing proposed changes in flood hazard information
on Flood Insurance Rate Maps (FIRMs) during the appeal period. The Department of Homeland
Security's Federal Emergency Management Agency (FEMA) applies rigorous standards in
developing and updating flood hazard information and provides communities with an opportunity
to review the updated flood hazard information presented on new or revised FIRMs before they
become final.
1. Background
The regulatory requirements related to appeals are found in Part 67 of the National Flood
Insurance Program (NFIP) regulations. Additional FEMA procedural details are provided in
Procedure Memorandum No. 57, Expanded Appeals Process, dated November 30, 2011. Detailed
information on appeals can also be found in Appeals, Revisions, and Amendments to National
Flood Insurance Program Maps A Guide for Community Officials and FEMA's Document
Control Procedures Manual. All referenced documents are accessible through the "Guidance
Documents and Other Published Resources" webpage, located at:
http://www.fema.gov/plan/prevent/fhm/frm—docs.shtm.
As outlined in these documents, an appeal period is provided for all new or modified flood hazard
information shown on a FIRM, including additions or modifications of any Base (1- percent-
annual- chance) Flood Elevation (BFE), base flood depth, Special Flood Hazard Area (SFHA)
boundary or zone designation, or regulatory floodway. SFHAs are areas subject to inundation by
the base (1- percent - annual- chance) flood and include the following SFHA zone designations: A,
AO, AH, Al -A30, AE, A99, AR, AR/Al -A30, AR/AE, AR/AO, AR/AH, AR/A, VO, Vl -V30,
VE, and V. Therefore, a statutory 90 -day appeal period is required when a flood study, Physical
Map Revision (PMR), or Letter of Map Revision (LOMR) is proposed in which:
• New BFEs or base flood depths are proposed or currently effective BFEs or base flood
depths are modified;
• New SFHAs are proposed or the boundaries of currently effective SFHAs are modified;
• New SFHA zone designations are proposed or currently effective SFHA zone
designations are modified; and
• New regulatory floodways are proposed or the boundaries of currently effective
floodways are modified.
Clarification on the necessity for an appeal period is provided for certain specific circumstances
outlined below:
• Edge matching of effective floodplain boundaries or information. This usually occurs in
first -time countywide flood mapping projects when effective BFEs, base flood depths,
2
SFHAs, or floodways are extended to an adjacent community that previously had
differing or no BFEs, base flood depths, SFHAs, or floodways shown on their effective
FIRM in order to fix a map panel to map panel mismatch. In these instances, an appeal
period is required because BFEs, base flood depths, SFHAs, or floodways are changing
or being shown for the first time in the area.
• Redelineation of effective floodplain boundaries. This occurs when an effective SFHA
boundary is redrawn on the FIRM using new or updated topography to more accurately
represent the risk of flooding. In these instances an appeal period is required because
the SFHA boundary is changing. However, the appeal period will only apply to the
updated SFHA boundary delineations, not the methodology used to originally establish
BFEs /flood depths (since this will not have changed).
• Revisions to SFHA zone designations. A revision to an SFHA zone designation may
occur with or without a BFE and /or boundary change. For example, when a Zone VE
floodplain is changed to a Zone AE designation to reflect the updated location of a
Primary Frontal Dune (PFD), the BFE and SFHA boundary may not necessarily change.
For any change in SFHA zone designation, including the removal of an SFHA
designation from a FIRM, an appeal period is required.
• Regulatory floodway boundaries. When the effective floodway boundary is redrawn on
the FIRM to more accurately represent the extent of the encroachment, an appeal period
is required.
• MT -1 cases. When the SFHA or floodway boundary is amended due to the issuance of a
Letter of Map Amendment (LOMA), Letter of Map Revision based on Fill (LOMR -F),
Letter of Map Revision — Floodway, or other MT -1 case, an appeal period is not
required.
• Annexation of effective floodplain boundaries. When a new or revised FIRM shows new
community boundaries which include effective BFEs, base flood depths, SFHAs, or
floodways, an appeal period is not required, provided no BFE, base flood depth,
SFHA, or floodway changes apply.
However, in cases where the flood hazard information in the annexed area has never
received due process (for example, if the area is shown for information only on all FIRMS
depicting the area), an appeal period is required.
• Reissuance of effective LOMRs: When a LOMR is reissued after not being incorporated
into a revised FIRM, an appeal period is not required.
3
• Updates that do not impact flood hazard data: When flood studies, PMRs, or LOMRs
result in changes to FIRMs that do not impact BFEs, base flood depths, SFHAs, or
floodways, an appeal period is not required.
• Datum Conversions: An appeal period is not required specifically for a datum
conversion (e.g., a conversion from NGVD 29 to NAVD 88).
1.1. Additional Procedures for LOMRs
Beginning with LOMRs issued on or after December 1, 2011, the following procedures will
apply:
In order to provide sufficient due process rights for changes due to LOMRs, any LOMR in a
compliant community that requires an appeal period will become effective 120 days from the
second newspaper publication date, following FEMA's current policy. This allows time to
collect appeals, as well as provides for newspaper publication schedule conflicts. LOMRs in
non - compliant communities or in communities that require adoption of the LOMR will
become effective following the six month compliance period.
Evidence of public notice or property owner notification of the changes due to a LOMR will
continue to be requested during the review of the LOMR request. This will help to ensure
that the affected population is aware of the flood hazard changes in the area and the resultant
LOMR. However, evidence of property owner acceptance of the changes due to a LOMR
will no longer be requested. Because all LOMRs that require an appeal period will become
effective 120 days from the second newspaper publication date, the receipt of such
acceptance will have no effect on the effective date of the LOMR; therefore, there is no need
for the requester to pursue acceptance.
2. Appeal Eligibility Requirements
Areas that are eligible for appeal include:
• Areas showing new or revised BFEs or base flood depths
• Areas showing new or revised SFHA boundaries (including both increases and decreases
in the extent of the SFHA)
• Areas where there is a change in SFHA zone designation
• Areas showing new or revised regulatory floodway boundaries (including both increases
and decreases in the extent of the regulatory floodway).
The area of concern must be within the scope of the new or modified BFEs, base flood depths,
SFHA boundaries, SFHA zone designations, and /or regulatory floodway boundary changes and
M
be supported by scientific and /or technical data. The criteria for data submittals are outlined in
Title 44, Chapter 1, Code of Federal Regulations, Section 67.6(b) and in this document.
The statutory 90 -day appeal period cannot be extended. FEMA may provide an additional 30
days for a community after the 90 -day appeal period has ended to submit supporting and
clarifying data for an appeal received during the appeal period. No appeals will be accepted after
the 90 -day appeal period.
Challenges that do not relate to new or modified BFEs, base flood depths, SFHA boundaries,
SFHA zone designations, or floodways are not considered appeals. Challenges received by
FEMA during the appeal period that do not address these items will be considered comments.
Comments include, but are not limited to the following:
• The impacts of changes that have occurred in the floodplain that should have previously
been submitted to FEMA in accordance with 44 Code of Federal Regulations, Section
65.3;
• Corporate limit revisions;
• Road name errors and revisions;
• Requests that changes effected by a LOMA, LOMR -F, or LOMR be incorporated;
• Base map errors; and
• Other possible omissions or potential improvements to the mapping.
Any significant problems identified by community officials or residents (at formal meetings or
otherwise) will be addressed appropriately.
3. Supporting Data and Documentation Required for Appeals
The BFEs and base flood depths presented in Flood Insurance Study (FIS) reports and shown on
FIRMs are typically the result of coastal, hydrologic and hydraulic engineering methodologies.
Floodway configurations, generally developed as part of the hydraulic analyses, are adopted by
communities as a regulatory tool for floodplain management and are delineated on FIRMS along
with SFHAs.
Because numerous methodologies have been developed for estimating flood discharges and
flood elevations /depths, and other flood hazard information under a variety of conditions, FEMA
contractors, mapping partners, and others whose data and documentation FEMA approves and
uses, such as communities, regional entities and State agencies participating in the Cooperating
Technical Partners (CTP) Program, use their professional judgment in selecting methodologies
that are appropriate for the conditions along a particular segment of a particular flooding source.
5
For FEMA contracted flood studies and PMRs the approach to be used will usually be discussed
with community officials at the beginning of the flood study or PMR mapping process.
Because the methodologies are the result of attempts to reduce complex physical processes to
mathematical models, the methodologies include simplifying assumptions. Usually, the
methodologies are used with data developed specifically for the flood study, PMR, or LOMR.
Therefore, the results of the methodologies are affected by the amount of data collected and the
precision of any measurements made.
Because of the judgments and assumptions that must be made and the limits imposed by cost
considerations, the correctness of the BFEs, base flood depths and other flood hazard
information is often a matter of degree, rather than absolute. For that reason, appellants who
contend that the BFEs, base flood depths, or other flood hazard information is incorrect because
better methodologies could have been used, better assumptions could have been made, or better
data could have been used, must provide alternative analyses that incorporate such
methodologies, assumptions, or data and that quantify their effect on the BFEs, base flood depths
or other flood hazard information. FEMA will review the alternative analyses and determine
whether they are superior to those used for the flood study, PMR, or LOMR and whether
changes to the FIS report and /or FIRM, or LOMR are warranted as a result.
Unless appeals are based on indisputable mathematical or measurement errors or the effects of
natural physical changes that have occurred in the floodplain, they must be accompanied by all
data that FEMA needs to revise the preliminary version of the FIS report and FIRMs. Therefore,
appellants should be prepared to perform coastal, hydrologic and hydraulic analyses, to plot new
and /or revised Flood Profiles, and to delineate revised SFHA zone and regulatory floodway
boundaries as necessary.
An appeal must be based on data that show the new or modified BFEs, base flood depths, SFHA
boundaries, SFHA zone designations, or floodways to be scientifically or technically incorrect.
All analyses and data submitted by appellants must be certified by a Registered Professional
Engineer or Licensed Land Surveyor, as appropriate. The data and documentation that must be
submitted in support of the various types of appeals are discussed in the subsections that follow.
3.1. Appealing BFEs, Base Flood Depths, SFHA Zone
Designations, or Regulatory Floodways
Scientifically incorrect BFEs, base flood depths, SFHA zone designations, or regulatory
floodways:
Proposed BFEs, base flood depths, SFHA zone designations, or regulatory floodways are
said to be scientifically incorrect if the methodology used in the determination of the BFEs,
2
base flood depths, SFHA zone designations, or regulatory floodways is inappropriate or
incorrect, or if the assumptions made as part of the methodology are inappropriate or
incorrect. An appeal that is based on the proposed BFEs, base flood depths, SFHA zone
designations, or regulatory floodways being scientifically incorrect would, therefore, contend
that the use of a different methodology or different assumptions would produce more
accurate results. A list of National Flood Insurance Program- accepted hydrologic, hydraulic
and coastal models is available on FEMA's website at
http: / /www.femagov /plan/prevent /fhm/en_modl.shtm. To show that an inappropriate or
incorrect coastal, hydraulic or hydrologic methodology has been used, an appellant must
submit the following data, as applicable:
• New hydrologic analysis based on alternative methodology and if applicable, updated
hydraulic /floodway or coastal analyses based on the updated discharge values;
• New hydraulic /floodway analysis based on alternative methodology and original flood
discharge values (if the appeal does not involve the hydrologic analysis);
• New coastal analyses based on alternative methodology and original stillwater elevations
(if the appeal does not involve the hydrologic analysis);
• Explanation for superiority of alternative methodology;
• As applicable, revised Summary of Discharges Table, Flood Profiles, Transect Data
Table, Summary of Stillwater Elevations Table, and Floodway Data Table (FDT); and
• Revised SFHA zone boundaries and, if applicable, regulatory floodway boundary
delineations.
Technically Incorrect BFEs, Base Flood Depths, SFHA Zone Designations, or
Regulatory Floodways:
The proposed BFEs, base flood depths, SFHA zone designation or regulatory floodways are
said to be technically incorrect if at least one of the following is true.
• The methodology was not applied correctly.
o To show that a hydrologic methodology was not applied correctly, an appellant
must submit the following:
■ New hydrologic analysis in which the original methodology has been
applied differently;
■ Explanation for superiority of new application;
■ New hydraulic /floodway or coastal analysis based on flood discharge
values from new hydrologic analysis;
7
• Revised Summary of Discharges Table and/or Flood Profiles and, if
applicable, FDT; and
• Revised SFHA zone boundary and, if applicable, regulatory floodway
boundary delineations.
o To show that a hydraulic methodology was not applied correctly, an appellant
must submit the following information. (Please note that an appeal to a floodway
configuration cannot be solely based on surcharge values.)
■ New hydraulic /floodway analysis, based on original flood discharge
values, in which the original methodology has been applied differently;
■ As applicable, revised Flood Profiles, FDT and other FIS report tables as
needed; and
■ Revised SFHA zone boundary and, if applicable, regulatory floodway
boundary delineations.
o To show that a coastal methodology was not applied correctly, an appellant must
submit the following:
■ New coastal analysis, based on the original stillwater elevations, in which
the original methodology has been applied differently;
■ Revised SFHA zone boundary and, all applicable FIS report tables,
including the Transect Data Table.
• The methodology was based on insufficient or poor - quality data.
o To show that insufficient or poor - quality hydrologic data were used, an appellant
must submit the following:
• Data believed to be better than those used in original hydrologic analysis;
• Documentation for source of data;
• Explanation for improvement resulting from use of new data;
• New hydrologic analysis based on better data;
• New hydraulic /floodway or coastal analysis based on flood discharge
values resulting from new hydrologic analysis;
■ Revised Summary of Discharges Table, Flood Profiles and, if applicable,
FDT; and
■ Revised SFHA zone boundary and, if applicable, regulatory floodway
boundary delineations.
o To show that insufficient or poor - quality hydraulic data were used, an appellant
must submit the following:
E'?
• Data believed to be better than those used in original hydraulic analysis;
• Documentation for source of new data;
• Explanation for improvement resulting from use of new data;
• New hydraulic analysis based on better data and original flood discharge
values;
• Revised Flood Profiles and, if applicable, FDT; and
• Revised SFHA zone boundary and, if applicable, regulatory floodway
boundary delineations.
o To show that insufficient or poor - quality coastal analysis data were used, an
appellant must submit the following:
• Data believed to be better than those used in original coastal analysis;
• Documentation for source of new data;
• Explanation for improvement resulting from use of new data;
• New coastal analysis based on better data and original stillwater elevation
values; and
• Revised SFHA zone boundary and, all applicable FIS report tables,
including the Transect Data Table.
• The application of the methodology included indisputable mathematical or
measurement errors.
o To show that a mathematical error was made, an appellant must identify the error.
FEMA will perform any required calculations and make the necessary changes to
the FIS report and FIRM.
o To show that a measurement error (e.g., an incorrect surveyed elevation used in
the flood study, PMR, or LOMR) was made, appellants must identify the error
and provide the correct measurement. Any new survey data provided must be
certified by a Registered Professional Engineer or Licensed Land Surveyor.
FEMA will perform any required calculations and make the necessary changes to
the FIS report and FIRM.
• The methodology did not account for the effects of natural physical changes that
have occurred in the floodplain.
o For appeals based on the effects of natural physical changes that have occurred in
the base floodplain, appellants must identify the changes that have occurred and
provide the data FEMA needs to perform a revised analysis. The data may include
new stream channel and floodplain cross sections or coastal transects.
C
3.2. Appeals to SFHA Boundaries
The supporting data required for changes to SFHA zone boundaries will vary, depending on
whether the boundaries are for flooding sources studied by detailed methods or flooding
sources studied by approximate methods, as discussed below.
Flooding sources studied by detailed methods
Usually, detailed SFHA zone boundaries are delineated using topographic data and the BFEs
and base flood depths resulting from the hydraulic analysis performed for the flood study,
PMR, or LOMR. If topographic data are more detailed than those used by FEMA or show
more recent topographic conditions, appellants should submit that data and the revised SFHA
zone boundaries for FEMA to incorporate into the affected map panels. All maps and other
supporting data submitted must be certified by a Registered Professional Engineer or a
Licensed Land Surveyor and must reflect existing conditions. Maps or data prepared by an
authoritative source, such as the U.S. Army Corps of Engineers, U.S. Geological Survey,
U.S. Bureau of Reclamation, or a State department of highways and transportation, are
acceptable without certification as long as the sources and dates of the maps are identified.
For further information on submittals involving topographic data, please refer to the section
below Additional Guidance on Appeal Submittals Involving Topographic Data.
Flooding Sources Studied by Approximate Methods
Usually, where BFEs or base flood depths are not available, flood zone boundaries are
delineated with the best available data, including flood maps published by other Federal
agencies, information on past floods, and simplified hydrologic and hydraulic analyses. If
more detailed data or analyses are submitted, FEMA will use them to update the flood hazard
information shown on the affected map panels. Such data and analyses may include the
following:
• Published flood maps that are more recent or more detailed than those used by FEMA;
• Analyses that are more detailed than those performed by FEMA or that are based on
more detailed data than those used by FEMA;
• Topographic data and resulting updated SFHA boundaries.
For further information on submittals involving topographic data, please refer to the section
below Additional Guidance on Appeal Submittals Involving Topographic Data.
Please note that, when applicable, appeals related to the methodology used to develop an
approximate flood zone boundary must follow the guidelines established for appeals to
BFEs, base flood depths, SFHA zone designations, or regulatory floodways under Section
3.1 above. However, since flood profiles, FDTs, Summary of Discharges Tables, Transect
IN
Data Tables, and Summary of Stillwater Elevations Tables are not developed in support of
approximate floodplain boundaries, these data will not need to be submitted for appeals to
flooding sources studied by approximate methods.
All submitted data and analyses must be certified by a Registered Professional Engineer or a
Licensed Land Surveyor. Maps prepared by an authoritative source, such as the U.S. Army
Corps of Engineers, U.S. Geological Survey, U.S. Bureau of Reclamation, or a State
department of highways and transportation, are acceptable without certification as long as the
sources and dates of the maps are identified.
Additional Guidance on Appeal Submittals Involving Topographic Data
For appeal submittals that involve topographic data, the following additional guidelines must
be followed:
• The data must be more detailed /accurate, and /or reflect more recent topographic
conditions, and be in a digital Geographic Information System (GIS) format
preferably;
• The appeal submittal must clearly state which flooding sources are being appealed
based on the updated topographic data;
• Updated SFHA boundary delineations that reflect the submitted topographic data for
each appealed flooding source must also be provided, preferably in digital GIS
format;
• All topographic data submitted must adhere to FEMA's current data capture
standards for such data;
• If necessary, a data sharing agreement must be provided.
4. Appeal Period Procedures
Appeals and comments must be resolved by following the procedures below:
• Acknowledgement by FEMA of the receipt of an appeal in writing, ensuring that
acknowledged appeals include ALL of the criteria discussed above.
• Acknowledge the receipt of comments. This can be done either in writing, by FEMA, or
through a documented phone conversation between the mapping partner and the
community that submitted the comments. At a minimum FEMA must notify the
community in writing that it did not receive any appeals. This can be done by separate
correspondence or by the inclusion of language in the Letter of Final Determination
(LFD).
11
• FEMA or the mapping partner will evaluate any scientific or technical data submitted for
compliance with existing mapping statues, regulations, or Guidelines and Standards.
• FEMA or the mapping partner will request any additional scientific or technical data
required to properly review the appeal or comment.
• FEMA or the mapping partner will make a recommendation to FEMA on the resolution
of the appeal or comment.
• FEMA or the mapping partner will prepare a draft appeal resolution letter (if all the
criteria for an appeal are met).
• The assigned mapping partner shall dispatch the signed FEMA appeal resolution letter
and if warranted, Revised Preliminary copies of the FIRM and FIS report to the
community CEO and floodplain administrator and all appellants. All correspondence
must be prepared and issued on FEMA Headquarters or FEMA Regional letterhead.
• FEMA provides a comment period of 30 days following the date the appeal or comment
resolution letter is issued. Any comments received during the 30 day comment period
must be addressed and resolved before proceeding with the LFD. Extensions to this 30
day period can only be granted with FEMA Headquarters approval.
5. General Technical Guidance
Detailed guidance on the supporting documentation that must be submitted in support of an
appeal can be found in Appeals, Revisions, and Amendments to National Flood Insurance
Program. Maps —A Guide for Community Officials.
Unless appeals are based on the use of alternative models or methodologies, the hydrologic and
hydraulic analyses that appellants submit must be performed with the models used for the flood
study, PMR, or LOMR. Generally, when appellants are required to submit hydrologic or
hydraulic analyses, those analyses must be performed for the same recurrence interval floods as
those performed for the flood study, PMR, or LOMR. The vertical datum used in any data
submitted must match the datum used in the preliminary FIS report and FIRM. Further, SFHA
boundaries are to be shown on a topographic map (preferably, in digital form) whose scale and
contour interval are sufficient to provide reasonable accuracy.
New flooding information cannot be added to a FIRM in such a way as to create mismatches
with the flooding information shown for unrevised areas. Therefore, in performing new analyses
and developing revised flooding information, appellants must tie the new BFEs, base flood
12
depths, SFHA boundaries, SFHA zone designations, and /or regulatory floodway boundaries into
those shown on the maps for areas not affected by the appeal.
All analyses and data submitted by appellants, including those that show mathematical or
measurement errors must be certified by a Registered Professional Engineer or Licensed Land
Surveyor, as appropriate.
6. Scientific Resolution Panel (SRP)
FEMA's Scientific Resolution Panel (SRP) process reinforces FEMA's commitment to work
with communities to ensure the flood hazard data depicted on FIRMS is built collaboratively
using the best science available.
When changes to the FIRMS are met with conflicting technical and scientific data, an
independent third party review of the information may be needed to ensure the FIRMs are
updated correctly. The SRP serves as the independent third party. To be eligible for an SRP, an
appeal must include supporting information or data to substantiate that the BFEs, base flood
depths, SFHA boundaries, SFHA zone designations, or floodways proposed by FEMA are
scientifically or technically incorrect. An SRP request is an option only after FEMA and a local
community have been engaged in a collaborative consultation process for at least 60 days
without a mutually - acceptable resolution of an appeal.
13
FEMA's new Scientific Resolution Panel (SRP) process reinforces FEMA's commitment to work with
communities to ensure the flood hazard data depicted on Flood Insurance Rate Maps (FIRMS) is built
collaboratively using the best science available.
Flood hazards are constantly changing, and as such, FEMA regularly updates FIRMs through several
methods to reflect those changes. When changes to the FIRMs are met with conflicting technical and
scientific data, an independent third parry review of the information may be needed to ensure the FIRMS are
updated correctly. The Scientific Resolution Panel will serve as the independent third party.
Who can request an SRP?
A community, Tribe or political entity that has the authority to adopt and enforce floodplain ordinances for
the area under its jurisdiction can request FEMA use the SRP when conflicting data are presented. Chief
Executive Officers or authorized community representatives must make or endorse the SRP request if they
did not develop or propose the conflicting technical data.
When can communities request an SRP?
A community can request an SRP if it has:
• Not received a Letter of Final Determination (LFD);
• Submitted an appeal or protest during the 90 -day appeal period with scientific or technical data
resulting in different flood hazards than those proposed by FEMA;
• Allowed at least 60 days of community consultation with FEMA (but no more than 120 days)
Additionally, a community that has received a FEMA- issued resolution letter and has not exercised the SRP
process will have 30 days from the issuance of the letter to request an SRP. Communities that have
submitted appeals or protests, but as of November 1, 2010 have not received an LFD, will have until
January 15, 2011, to request an SRP.
Independent Panel Sponsor
The SRP process is managed by the National Institute of Building Sciences (NIBS), a non - profit
organization independent from FEMA. NIBS will act as the Panel Sponsor, coordinating the SRPs, ensuring
that proper regulations and procedures are employed and maintaining a cadre of experts from which Panel
members are selected.
Panel Member Selection
For each appeal or protest, an SRP (or Panel) of three or five members will be convened. Panel members are
technical experts in surface water hydrology, hydraulics, coastal engineering, and other engineering and
scientific fields that relate to the creation of Flood Hazard Maps and Flood Insurance Studies throughout the
United States.
................................................................................................................................................................................. ...............................
"FEMA's mission is to support our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve our
capability to prepare for, protect against, respond to, recover front, and mitigate all hazards. "
Based on the technical specifications of the appeal or protest, NIBS will develop a list of potential panel
members with relevant expertise from its cadre of experts. NIBS will ensure that there is no conflict of
interest amongst the panel members. NIBS will confirm that members do not reside in the state from which
the appeal or protest is taken and have no personal or professional interest in its findings of the appeal or
protest.
NIBS will provide the list of eligible panel members to the community and FEMA. The community selects
the majority (in the case of a five- member Panel, the community selects three), and FEMA selects the
minority (in the case of a five- member Panel, FEMA selects two).
The Process
To request an SRP, the Chief Executive Officer of a community or authorized representative completes an
SRP Request Form and submits it to FEMA during the time periods outlined above.
Once FEMA confirms the appeal or protest is eligible for an SRP, FEMA will forward the SRP Request
form to NIBS to initiate the Panel selection process and develop a list of potential members.
Once the Panel is convened, Panel members will be provided with a summary of the issue, FEMA's data,
and the data the community submitted during the 90 -day appeal period. Panel member will review the data
and, on a point -by -point basis, deliberate and make a decision based on the scientific and technical
challenges of the appeal or protest.
If the community feels it is necessary to make an oral presentation in support of its appeal or protest, it must
include a justification on the SRP Request Form.
Resolution
The Panel will render a written recommendation to FEMA, based on the scientific and technical data
submitted by the community and FEMA, The recommendation may either deny the community's data or
incorporate it in part or in whole into the FIRM. For an appeal or protest to be incorporated, the
community's data must satisfy the NFIP standards for flood hazard mapping.
The Panel will present a written report with its decision and rationale to FEMA and the community no later
than 150 days after being convened. The SRP's decision will become the recommendation provided to the
FEMA Administrator. Once a final determination has been made, FEMA will issue a resolution letter.
If changes to the maps are made, FEMA will incorporate the changes into revised preliminary FIRMS and
Flood Insurance Studies. These changes will be made available to the community with a resolution letter for
review prior to the issuance of an LFD.
Once a determination is made and a resolution letter is issued, the community will not be able to re- submit
an appeal or protest of the proposed flood elevations nor request an SRP again.
"FEMA's mission is to support our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve our
capability, to prepare for, protect against, respond to, recover from, and mitigate all hazards. "
For a regulatory appeal, if the community is not satisfied with the recommendation of the Panel or the
determination of the FEMA Administrator, it may appeal to the appropriate United States District Court.
2^d News publication of
proposed BFE's Resolution
Letter issued
90-day Appeal Period Community Consultation Mapping Process continues
Community sub7data
scientificttechnic
'Community can submit an SRP
Request to FEMA at a minimum of
60 days and no more than 120 days
after the start of the community
consultation phase
OR
within 30 days after receiving the
Resolution Letter
f...............� f ..�..
Community submits SRP request'
FEMA forwards eligible SRP request
to NIBS for Panel selection process
For Additional Information
Community 8 FEMA
select Panel
(Max 150 days)
Panel presents written
recommendation
Resolution
Letter issued
Mapping
Process
For more information on appeals, see the FEMA document: Appeals, Revisions, and Amendments to National Flood Insurance
Program Maps: A Guide for Community Officials.
Part 67 of the NFIP regulations, which pertains to appeals, is available on the "Forms and Publications" section of FEMA's Flood
Hazard Mapping website at www.fema. ,gov /fhm.
Other Important Links: www.floodSRP.org www.fema.pov/plan/prevent/fhm/st hot.shtm#2
Risk MAP: www.fema.gov/plan/prevent/flim/rni main.shtm
Flood Hazard Mapping: www.floodmaps.fema.gov Flood Insurance: www.floodsmart.gov
.................................................................................................................................................................................. ...............................
"FFAIA's mission is to support our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve orrr
capabilit), to prepare for; protect against, respond to, recover front, and mitigate all hazards. "