3.2 FLOODPLAINS
The establishment of the National Flood Insurance Program, in many instances, fostered development in areas of potential flood hazard. As a result, Executive Order 11988, Floodplain Management, was signed on May 24, 1977 and requires all Federal agencies to abide by the same criteria with respect to floodplain management. EO 11988 is applicable to all Federal actions regardless of size or activity. All Rural Development actions, such as applications for financial assistance and proposed leases or disposal of real property, should be reviewed at the earliest possible stage to determine the impact on the floodplain.
EO 11988 requires Federal agencies to notify and to involve the public at the earliest possible time, which means as soon as a proposed action, which would be located in or affect a floodplain, can be identified.
Floodplains are considered an important land resource. The term
“floodplain” means the lowland and relatively flat areas adjoining
inland and coastal waters, including, at a minimum, those that
are subject to a 1-percent or greater chance of flooding in any
given year (100-year floodplain). A flood of magnitude that
occurs once every 100 years on the average. Within any one-
year period there is one chance in 100 of the occurrence of such
a flood. Most importantly, however, the cumulative risk of
flooding increases with time. Statistically, there is about one
change in five that a flood of this magnitude will occur within a
20-year period, the length of time commonly defined as the useful
life of a facility. Over a thirty-year period, the life of a typical
mortgage, the probability of such a flood occurring increases to
greater than one change in four. For "Critical Actions" the 500-
year floodplain needs to be considered as the minimum
floodplain of concern. The 500-year floodplain has a 0.2 percent
chance of flood. A flood of magnitude that occurs once every
500 years on the average. Within any one-year period there is
one chance in 500 of the occurrence of such a flood. As with the
one percent chance flood, the cumulative risk of this flood
occurring also increases with time. The 500-year flood is
pertinent to Rural Development actions termed, “critical
actions”, which include the following categories:
Treatment plants and large pump stations are considered
"critical facilities" as well as facilities which produce, use, or
store volatile, flammable, explosive, toxic or water reactive
materials. Not included in this category are those facilities
where relatively small concentrations and/or quantities of said
materials are on hand for “domestic use”, such as normal
janitorial supplies and cleaning compounds, some of which may
meet the above qualifications. However, an industrial plant
which utilizes large volumes of such compounds as a part of
routine operations and maintenance may be classified as a
critical action. Included are structures used for schools,
hospitals, nursing homes which are likely to contain occupants
who may not be sufficiently mobile to avoid the loss of life or
injury during flood and storm events, emergency operation
centers or data storage centers which contain records or
services that may become lost or inoperative during flood and
storm events. This category is concerned with facilities which
are considered essential to the orderly growth and development
of community life and/or which would either be difficult, perhaps
impossible to replace in the event of a flood or need to be
operational during or immediately after a flood. Examples of
emergency operation centers include: police headquarters, fire
and rescue stations, communication centers, and 911 response
centers. Examples of data storage centers include: museums
where historical and cultural artifacts/data are maintained, and
courthouses where vital statistics, deeds, mortgages, and other
such records of community life and business are kept. Also
included are assisted living facilities and multi-family housing
facilities designed primarily (over 50 percent) for persons with
disabilities. “Mobile” refers not only to the infirm and to the
mentally/physically handicapped, but also to those who may not
be able to respond appropriately, on their own, to the threat of a
flood or storm. For example: facilities which shelter young
children, such as day care centers, vocational training centers
and similar businesses established for employment and training
of the handicapped, also correctional institutions and some
alcohol/drug rehabilitation centers, where individuals are locked
in for extended periods of time.
The US Army Corps of Engineers regulates obstructions or alterations of navigable waters of the United States under Section 10 of the River and Harbors Act, and the discharge of dredged or fill material into waters of the United States through Section 404 of the Clean Water Act. These authorities require permits for placement of any structure within the mean high watermark of navigable waterways and placement of dredged or fill material within the mean high water mark and adjacent wetlands and tributaries of all waters of the United States.
The loan originator/processing office is responsible for obtaining all documentation and the preparation of the review document/environmental file for proper review. The approving official/Program Director is responsible for the proper completion and final determination/approval of the environmental review.
The following decision making process will assist to ensure compliance with Rural Development policies regarding floodplain and the 8-Step process for EO 11988:
1. First, the preparer must determine if the proposed action is located in or adjacent to a floodplain. Use FEMA’s Flood Insurance Rate Maps to determine the boundaries of 100-year or 500-year floodplains. (For “critical actions” the 500-year limits are the area of concern. Water and wastewater treatment facilities, large pump stations, and centralized operations or communication facilities are considered as "critical facilities" under RD 1794A-602). When the preparer determines that the proposed action has no potential for direct or indirect impact on the floodplain, the preparer only needs to document the facts leading to the decision of “No Effect" in the environmental document. It is then not necessary to go beyond step 1 in the process.
National Flood Insurance Reform Act of 1994 requires completion of FEMA Form 81-93 when the federal action involves a “building” which means a walled and roofed structure above ground. Underground utility lines and pump stations are not “buildings.” Make sure all the blanks are completed. If completed by a RD employee, it must be signed. For all programs subject to RD Instruction 1940-G, the completed SFHDF must be completed in conjunction with and attached to Form RD 1940-22, Environmental Checklist for Categorical Exclusions, or included in the Class I or Class II Environmental Assessment. For RUS programs subject to 7 CFR 1794, the completed SFHDF should be attached as an exhibit to the Environmental Report for Categorical Exclusions or the Environmental Report. Guaranteed lenders and intermediaries should complete the form for each loan action. Rural Housing has contracted with a private vendor to provide Flood Hazard Determination Certifications (FEMA Form 81-93) through an Internet based system. This certification must be included with the environmental documentation. The FEMA Flood Insurance Rate Map will normally be included with the certification. When an intermediary makes a loan or grant to a third party using Agency funds, the intermediary will complete and sign the form. When the form is completed by a private vender or consultant (other than Lender), signature is not required, but section F should be fully completed.
Guaranteed Loans: Since the use of the SFHDF was mandated by the Federal entities for lending regulation effective January 2, 1996, guaranteed lenders should submit a completed SFHDF as part of the requests for guaranteed financial assistance, if the financial assistance is for a “building” as described above. The completed SFHDF should be made a part of the environmental review documents.
Aerial photography, topographical maps and soils survey maps may be used in conjunction with a visit to the site when no FEMA Flood Maps are available. In areas where no flood hazard information or flood elevation data are available, the amount of Federal investment and the potential flood damage to which it would be subject from various levels of flood risk should be considered when determining what degree of accuracy is required for flood elevation data. For example, if the amount of Federal investment in the proposed action is significant or the action could create a significant adverse effect on a floodplain, a survey should be completed.
2. When the preparer determines that the proposed action may result in the direct or indirect "impact or effect" on the floodplain the following additional process must be completed.
If there is potential for a direct or indirect impact, a “Preliminary Notification of Possible Impact to an Important Land Resource” must be published to give the public an opportunity to comment. RD will send the public notice along with a letter, to inform the applicants their responsibility to publish the notice, upon approval of the assessment.
3. Determine if there is a practicable alternative.
4. Identify direct and indirect impacts of the proposed action.
5. Identify methods to mitigate harm to lives and property, and opportunities to restore and preserve floodplain values.
6. Consider the proposed action versus the practicable alternatives in terms of environmental impacts.
7. Announce and explain the decision to the public. This is accomplished by publishing a “Final Notification of Rural Development’s Finding of No Practicable Alternative to a Floodplain or Wetland Impact” or the “Combined Final Notice and FONSI”. Upon completion of the 30-day comment period for the preliminary public notice, RD will send the final public notice/FONSI along with a letter to inform the applicants their responsibility to publish the notice.
8. If structures are or will be located in a floodplain or wetland, Rural Development must provide the applicant and any other lenders involved, with a “Private Party Notice”. Also, flood insurance is required by law to be maintained at all times on eligible structures within the floodplain.
9. Implement the proposed action with appropriate mitigation measures.
Practicable Alternatives: Whenever you determine that a proposal may impact a floodplain, you must search for practicable alternatives. Practicable alternatives must be examined in the context of what is practicable to both the Federal agency and the applicant. Possible alternatives include:
a. Selection of an alternative site.
b. Denial of the request for assistance at the affected site. (The “no action” alternative.)
c. Selection of an alternative means to meet the applicant’s objectives.
When completing an environmental assessment for a proposed action located in or which could affect a floodplain, keep the following "unwise actions" in mind:
1. Unwise land use and development of coastal, and other floodplains not only destroy many of the special qualities (i.e., floodwater storage, wildlife habitat, agricultural and forest products, stable ecosystems, and park and recreational areas) of these areas, but pose a severe threat to human life, health, and property.
2. The problems associated with the increase in annual losses from floods and adverse alterations of floodplains arise mainly from unwise land use practices.
3. Because unwise floodplain development can lead to the loss of human and other natural resources, it is a bad Federal investment and should be avoided.
It is important to remember that development within a floodplain should be avoided unless it is considered necessary from a public interest standpoint and unless no suitable alternative exists. Avoidance of development is the preferred approach for minimizing losses to people, property and natural floodplain values. An acceptable degree of hazard differs with type of floodplain use. Certain uses are or can be made harmonious with certain flood characteristics.
Floodplain maps can be printed from the FEMA web site at: http://www.fema.gov/ or http://www.fema/gov.msc
Call, Service Center at 1-800-358-9616 for CD-ROM or paper copies.
For online orders, go to http://msc.fema.gov/webapp/wcs/stores/servlet/FemaWelcomeView?storeId=10001&catalogId=10001&langId=-1
Maps can also be ordered by FAX at 1-800-358-9620, or write:
Federal Emergency Management Agency
Map Service Center
P.O. Box 1038
Jessup, MD 20794-1038
1-800-358-9616
Request can be made, to be placed on the distribution list for map updates.
The following books can be used to complement the FEMA Floodplain Maps:
National Flood Insurance Program Community Status Book: http://www.fema.gov/fema/csb.htm
How to Use a Flood Map to Determine Flood Risk for a Property.
Flood maps are typically maintained at local Rural Development, NRCS, and County Conservation Offices.
Specific RHS Policies:
New structures will not be built within any 100-year floodplain. Raising the first floor of the living area above the floodplain and providing public sewer and water are NOT acceptable mitigation measures in the case of new construction. According to HB-1-3550, Chapter 5, Section 5.7D, for all new construction and substantial improvements the lowest floor (including basement) must be above the 100-year floodplain.
When considering financial assistance to purchase an existing dwelling located in the floodplain, search for practicable alternatives. If there are no alternatives, you must initiate practicable mitigation measures, such as compliance with State/local/community floodplain requirements (flood proofing and other flood protection measures), and requiring deed restrictions which prohibit any changes to the floodplain in the future, such as:
1. No filling, grading or alteration of the floodplain;
2. No future construction of structures (such as garages or storage sheds) within the floodplain; and
3. No paving of floodplain areas.
When considering repair-only type loans and/or grants, the “Threshold of Impact for Renovations” to existing dwellings is the cost of repair which equals or exceeds 50 percent of the market value of the structure before the repair is started or if the structure has been damaged, before the damage occurred. If the costs of the improvements exceed 50 percent of the market value of the structure, the implementation of 1940-G, Exhibit C must be followed; below 50 percent, the action is considered to be of no significant impact. When doing a modified Class I for repair only loans/grants, you should document that the procedures in RD Instruction 1940-G, Exhibit C, do not apply because the repairs are below the 50 percent threshold. No public notices are required for Modified Class I.
Flood Insurance is required. There is no provision for waiving the requirement for flood insurance for the loan programs.
National Flood Insurance Program. (NFIP) community status.
The current NFIP status of communities may be accessed directly from FEMA at the following web-site (in Adobe “Acrobat” format) which is updated on a daily basis: http://www.fema.gov/csb/pdf
(a) NFIP participating community. Rural Development can provide financial assistance for a proposed action located within the community provided Instruction 1940-G, Exhibit C, procedures are followed.
(b) NFIP non-participating community. Rural Development cannot provide financial assistance for a proposed action located within the community.
(3) NFIP map status.
(a) NFIP map for a participating community: Rural Development should review the map information and query the regional FEMA office or the community where the action would be located whether or not there are more recent map amendments.
(b) Letter of Map Amendment (LOMA) for a participating community: The result of an administrative procedure where FEMA reviews engineering analysis submitted by a landowner and amends the current NFIP prior to revision/republication of the map. Rural Development should query the regional FEMA office or the community where the action would be located
whether or not there are any LOMAs which would affect the action.
(c) Letter of Map Revision (LOMR) for a participating community: The result of an administrative procedure where FEMA reviews engineering analysis submitted by a NFIP participating community and amends the current NFIP prior to revision/republication of the map. Rural Development should query the regional FEMA office or the community where the action would be located whether or not there are any LOMRs which would affect the action.
(d) Engineering analysis available for NFIP participating community but not adopted by NFIP: Rural Development should advise the applicant for financial assistance that the option is available to pursue either a LOMA or LOMR through FEMA and/or the local community.
(e) Engineering analysis available for NFIP non-participating community: Rural Development should advise the applicant for financial assistance that the option is available to pursue persuading the local community to join the National Flood Insurance Program and obtain a LOMR through FEMA.
(4) NFIP map and study resources.
(a) Flood Hazard Boundary Map (FHBM). This is the most basic type of NFIP map, indicating only the floodplain boundary.
(b) Flood Boundary and Floodway Map (FBFM). This is another basic NFIP map type, indicating only the floodway and floodplain boundaries.
(c) Flood Insurance Rate Map (FIRM). This is the most detailed NFIP map type, indicating the floodway and a variety of floodplain boundaries as well as reference points. Following are flood zones which are delineated on FIRMs:
(I) Floodway in Zone AE.
(II) Special flood hazard areas inundated by the 100-year flood.
(A) Zone A. No base flood elevations have determined.
(B) Zone AE. Base flood elevations determined.
(C) Zone A1-30. Base flood elevations determined.
(D) Zone AO. Flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths determined. For areas of alluvial fan flooding, velocities also determined.
(E) Zone AH. Flood depths of 1 to 3 feet (usually areas of ponding); base flood elevations determined.
(F) Zone A99. To be protected from 100-year flood by Federal flood protection system under construction; no base elevations determined.
(III) Moderate flood hazard areas. Areas within the 500-year event.
(A) Zone B.
(B) Zone X. Areas of lesser flood hazard.
(IV) Minimal flood hazard areas. Areas outside the 500-year event.
(A) Zone C. Areas of lesser flood hazard.
(B) Zone X. Areas of lesser flood hazard.
(V) Undetermined flood hazard areas.
(A) Zone D. Magnitude of the flood hazard has not been determined.
(d) Flood Hazard Study (FHS). This is the most comprehensive narrative and mapping analysis available from FEMA and it includes cross-sectional profiles along floodways.
e) Agency jurisdiction. The Federal Emergency Management Agency is the key player in the implementation of Executive Order 11988 and the National Flood Insurance Program. Rural Development coordination with other expert agencies is not specifically required but strongly advised. The main reason is that NFIP maps are not revised daily and may not reflect current events. This further emphasizes the need for Rural Development to consult the regional FEMA office, local communities, and applicants about the existence of LOMAs and LOMRs. Also, some other agencies listed below also deal with flood hazard mitigation issues and maintain information which may not be available on FEMA maps.
Definitions.
(a) Flood. A general and temporary condition of partial or complete inundation of normally dry land areas from overflow of inland or tidal waters or from the unusual and rapid accumulation or runoff of surface waters from any source.
(b) Floodplain. The lowland and relatively flat area adjoining a lake, river, stream, or seacoast which is prone to periodic flooding.
(c) Riparian area. Floodplain and wetland areas along streams and rivers which commonly support an abundance of wildlife.
(d) Wetland. A zone of transition between a body of water and dry land that is regularly inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands typically include swamps, marshes, bogs, and similar areas.
Information Sources
Federal Emergency Management Agency (FEMA)
105 South 7th Street
Second Floor, Liberty Square Building
Philadelphia, Pennsylvania 19106
(215) 931-5500
Federal Water Resources Council has issued Flood Plain Management Guidelines for implementing Executive Order 11988. 43 FR 6030, 2/10/78.
National Flood Insurance Reform Act of 1994.
U. S. Army Corps of Engineers
Full text of Executive Order 11988:
http://www.usda.gov/rus/water/ees/toc.htm#Statutes
Delaware:
The Philadelphia District was established in 1866 to manage the water resources of the Delaware River Basin, and of the Atlantic Coast from New Jersey’s Manasquan Inlet to the southern boundary of Delaware. They serve more than nine million people across portions of Delaware, Maryland, New Jersey, New York and Pennsylvania.
They also directly support two military installations—Dover Air Force Base, Del. and Fort Dix, N.J.
Who to Contact
or |
|
Maryland: The Pittsburgh District office is located in downtown Pittsburgh at the corner of Liberty Avenue and Grant Street on the 21st and 22nd floors of the William S. Moorhead Federal Building.
U.S. ARMY CORPS OF
ENGINEERS, PITTSBURGH DISTRICT
2200 WILLIAM S. MOORHEAD FEDERAL BUILDING
1000 LIBERTY AVENUE
PITTSBURGH, PA 15222-4186
(412) 395-7500
FAX: (412) 644-2811
Flood Plain Information: (412) 395-7226
Delaware Delaware Code Title 29, Chapter 80 and Title 7, Chapter 39.
Department of Natural Resources and Environmental Control
Division of Soil and Water Conservation
89 Kings Highway
Dover, Delaware 19901
(302) 739-4411
Maryland Maryland Natural Resources Act, Sec. 8-9A-03(b)
Department of Natural Resources
Water Resources Administration
Resource Management Program
Chief, Flood Management Division
Tawes State Office Building
Annapolis, Maryland 21401
(410) 974-3825
Local: Maps may be available at local planning and zoning agencies.
Governing Regulations.
(1) U.S. Executive Order 11988, Floodplain Management.
(2) U.S. Executive Order 11514, Protection and Enhancement of Environmental Quality.
(3) U.S. Department of Agriculture, Departmental Regulation 9500-3, Land Use Policy.
(4) Title 7, Part 1b and 1c, Code of Federal Regulations, U.S. Department of Agriculture's National Environmental Policy Act,
(5) National Environmental Policy Act, 42 U.S.C. 4321.
(6) Clean Water Act of 1972, as amended.
(7) National Flood Insurance Reform Act of 1994.