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II. Overview Of Regulations

II. Overview Of Regulations. A. Federal Emergency Management Agency (FEMA): 1. Background The United States Congress passed the National Flood Insurance Act of 1968 and was enacted by Title XIII of the Housing and Urban Development

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II. Overview Of Regulations

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  1. II. Overview Of Regulations A. Federal Emergency Management Agency (FEMA): 1.Background • The United States Congress passed the National Flood Insurance Act of 1968 and was enacted by Title XIII of the Housing and Urban Development • Purpose was to provide relief for individuals with property in flood-prone areas, provide flood protection insurance and to begin to develop uniform standards for floodplain management. • To qualify for the sale of federally-subsidized flood insurance a community must adopt and submit to the Administrator as part of its application, floodplain management regulations, satisfying at a minimum the criteria designed to reduce or avoid future flood, mudslide (i.e., mudflow) or flood-related erosion damages. These regulations must include effective enforcement provisions.

  2. II. Overview Of Regulations A. FEMA: 2.FIRM – Flood Insurance Rate Maps • Flood Insurance Rate Maps (CONTINUED)

  3. II. Overview Of Regulations A. FEMA: 2. FIRM – Flood Insurance Rate Maps (CONTINUED) (CONTINUED)

  4. II. Overview Of Regulations A. FEMA: 2. FIRM – Flood Insurance Rate Maps (CONTINUED) • Flood Boundary and Floodway Maps (CONTINUED)

  5. II. Overview Of Regulations A. FEMA: • Floodways vs. Floodplains • Floodway • hypothetical zone within floodplain • equal encroachment on both sides of floodplain resulting in a one ft. increase in flow depths • FEMA requires communities to maintain floodways through proper floodplain management (CONTINUED)

  6. II. Overview Of Regulations A. FEMA: 2. FIRM – Flood Insurance Rate Maps (CONTINUED) • Floodway Delineation

  7. II. Overview Of Regulations A. FEMA: 2. FIRM – Flood Insurance Rate Maps (CONTINUED) • Floodway Delineation

  8. II. Overview Of Regulations A. FEMA: 3.FIS – Flood Insurance Studies

  9. II. Overview Of Regulations A. FEMA: 3.FIS– Flood Insurance Studies

  10. II. Overview Of Regulations A. FEMA: 6. FEMA Map Revisions – LOMR/LOMA/CLOMR a) Letter of Map Revision (LOMR)

  11. II. Overview Of Regulations A. FEMA: 6. FEMA Map Revisions – LOMR/LOMA/CLOMR a) LOMR b) Letter of Map Amendment (LOMA)

  12. II. Overview Of Regulations A. FEMA: 6. FEMA Map Revisions – LOMR/LOMA/CLOMR a) LOMR b) LOMA c) Conditional Letter of Map Revision (CLOMR)

  13. II. Overview Of Regulations A. FEMA: 6. FEMA Map Revisions – LOMR/LOMA/CLOMR a) LOMR b) LOMA c) CLOMR d) FEMA Coordination Process and Timing [Handout p. 2-22 of TXDOT-02]

  14. II. Overview Of Regulations A. FEMA: 6. FEMA Map Revisions – LOMR/LOMA/CLOMR a) LOMR b) LOMA c) CLOMR d) FEMA Coordination Process and Timing [Handout p. 2-22 of TXDOT-02] e) FEES

  15. II. Overview Of Regulations A. FEMA: 6. FEMA Map Revisions – LOMR/LOMA/CLOMR e) FEES

  16. II. Overview Of Regulations A. FEMA: 7. Multiple Profiles • Storm Frequency 10-year, 50-year, 500-year (CONTINUED)

  17. Multiple Profile Example

  18. II. Overview Of Regulations B. FHWA: 1. 23 CFR 650a • Part 650: Bridges, Structures, and Hydraulics • Subpart A: Location and Hydraulic Design of Encroachments on Floodplains • Purpose: To prescribe Federal Highway Administration (FHWA) policies and procedures for the location and hydraulic design of highway encroachments on flood plains, including direct Federal Highway projects administered by the FHWA. (CONTINUED)

  19. II. Overview Of Regulations B. FHWA: 1. 23 CFR 650a (CONTINUED) Goals: • To encourage a broad and unified effort to prevent uneconomic hazardous or incompatible use and development of the Nation’s floodplains • To avoid longitudinal encroachments, where practicable, • To avoid significant encroachments,where practicable, • To minimize impacts of highway agency actions which adversely affect base flood plains (CONTINUED)

  20. II. Overview Of Regulations B. FHWA: 1. 23 CFR 650a Goals:(CONTINUED) • To restore and preserve the natural and beneficial floodplain values that are adversely impacted by highway agency actions • To avoid support of incompatible floodplain development • To be consistent with the intent of the Standards and Criteria of the National Flood Insurance Program • To incorporate “A Unified National Program for Floodplain Management” of the Water Resources Council into FHWA procedures (CONTINUED)

  21. II. Overview Of Regulations B. FHWA: 1. 23 CFR 650a Application: • Applies to all actions affecting the base floodplain, except for repairs made with emergency funds • Does NOT apply to approvals or authorizations given before adoption of this regulation (CONTINUED)

  22. II. Overview Of Regulations B. FHWA: 2. Location Hydraulic Studies • Must evaluate alternatives for longitudinal encroachment • Discussion must include the following for each alternative developed: • associated risks • impacts on natural and beneficial floodplain development • support of probable incompatible floodplain development • measures to minimize impacts • measure to restore and preserve floodplain value • consultation with Local, State, and Federal water resource and floodplain management agencies

  23. II. Overview Of Regulations C. State and Local Regulations: 1. State Regulations and Guidance • LOMR/CLOMR • State Standards • ADOT Manuals

  24. II. Overview Of Regulations C. State and Local Regulations: 2. Local Regulations • Local Community Approves LOMR/CLOMR • Consult with Local Floodplain Management • Floodplain Ordinance and Drainage Design Criteria

  25. II. Overview Of Regulations 2. Local Regulations • Floodplain Use Permit “Except as otherwise provided in these regulations, it shall be unlawful for any person to establish, erect, alter or relocate a use or structure in the regulatory floodplain or an erosion-prone area…without first obtaining a floodplain use permit from the cityengineer”

  26. II. Overview Of Regulations D. Environmental Permits: 1. US Army Corps of Engineers (USACE) 404-permits • Ordinary High Water Mark (OHWM) • Line on shore established by water fluctuation • Seen by shelving, vegetation, and debris line on bank

  27. II. Overview Of Regulations D. Environmental Permits: 1. USACE 404 • Ordinary High Water Mark • May contain sandbars or shelves • Dredge/Fill below high water mark is regulated by the Clean Water Act

  28. II. Overview Of Regulations D. Environmental Permits: 2. USEPA a) NPDES, SWPPP and BMPs • National Pollution Discharge Elimination System (NPDES) • Stormwater Pollution Prevention Plans (SWPPP) • Best Management Practices (BMPs)

  29. II. Overview Of Regulations D. Environmental Permits: 2. USEPA a) NPDES, SWPPP, and BMPs Straw Bale Barrier as Best Management Practice

  30. II. Overview Of Regulations D. Environmental Permits: 2. USEPA a) NPDES, SWPPP, and BMPs Silt Fence as Best Management Practice

  31. II. Overview Of Regulations D. Environmental Permits: 2. USEPA b) AZPDES Arizona Pollution Discharge Elimination System

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