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Thread: Floodplain development

  1. #1
    Cyburbian dandy_warhol's avatar
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    Floodplain development

    Hello.

    We've recently experienced our second 100-year flood in 5 years. Therefore it is time we take a harder look at how we handle development in the floodplain.

    Two quick questions:

    1. Does anyone here flat out prohibit new construction in the floodplain?

    2. If you require a floodplain development permit to you require it when any part of the parcel is located within a SFHA or only when the portion of the parcel being developed/improved is located within the SFHA?

  2. #2
    Cyburbian mike gurnee's avatar
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    Years ago in one community we desiganated the flood hazard area as an Open Space zoning district. There were no development pressures in those areas at the time, which made it adoptable. I bet it has changed now.

    Many if not most lenders call for special treatment even when only a portion of the property is in a SFHA. Many times this is not logical. I had an instance in Greensburg where the SBA would not issue a loan on a 2+ acre lot where one small corner was in the SFHA. I recommended subdividing the property, but the owners found different funding.

  3. #3
    Cyburbian Plus
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    1. No, except floodway requires state permit. Our FPG is 2 ft above BFE.

    2. Issued as a regular permit with notation that they are in a floodzone & must have Elevation Certificates.

    Questions -
    How up-to-date is your Floodplain Mangement ordinace ? should be up-to-date with adoption of the DFIRM's ?
    What is you FPG ?
    What is your threshold on substantial improvement ? 40% value
    Do you have a CFM on staff ? we have 2 in our building commission that handle these permits.
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  4. #4
    Quote Originally posted by dandy_warhol View post
    Hello.

    We've recently experienced our second 100-year flood in 5 years. Therefore it is time we take a harder look at how we handle development in the floodplain.

    Two quick questions:

    1. Does anyone here flat out prohibit new construction in the floodplain?

    2. If you require a floodplain development permit to you require it when any part of the parcel is located within a SFHA or only when the portion of the parcel being developed/improved is located within the SFHA?
    1. A court would probably rule that to be a regulatory taking, so we do permit highly regulated development in the floodway fringe.

    2. Our definition has always been if it has floodplain on some part of the property, it has it on all of the property.
    On pitching to Stan Musial:
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    Warren Spahn

  5. #5
    Cyburbian
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    Ontario has an outright ban on almost all development within the 100-year flood plain - the result of major flooding that occured due to Hurricane Hazel in 1954. Floodplain mapping, regulations and management of publicly owned lands within the floodplain is under the jurisdiction of a series of Conservation Authorities (CA) whose boundaries are generally based on watershed boundaries. Therefore CA boundaries and municipal boundaries are never congruant.

  6. #6
    Cyburbian tsc's avatar
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    The floods were horrible this year for Upstate NY. And it was awful how there was hardly any press on it.

    We did a survey of some flood ordinance in NYS. The full document is online at :

    http://www.westchestergov.com/planni...FLOODGUIDE.pdf
    "Yeehaw!" is not a foreign policy

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  7. #7
    Cyburbian michaelskis's avatar
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    Yes and no. The language says that construction within the flood plane is prohibited, but also permits the City Council to grant a variance if particular conditions are met. It specifically says:

    The City Council shall hear and decide appeals and requests for variances from the requirements of this chapter consistent with the standards of 44 C.F.R. 60.3(d) and 44 C.F.R. 60.5(a) of the rules and regulations of the National Flood Insurance Program, being generally 44 C.F.R. 59 et seq.
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  8. #8
    Cyburbian
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    While its been a long time since it was implemented, you should look into the federal laws associated with floodplain management and the National Flood Insurance Program. These are administered by FEMA. There were maps created across the US that designated floodplains including 100 year areas and floodways. The regulations associated with these allowed development under certain conditions.

    It is very possible that either the storm that occurred was much more than a 100 year storm or that physical conditions have changed within the flood area that have changed the floodplain.

    Just outright denying development in an area that you believe to be subject to flooding would be a taking. To change an area from a 100 year floodplain to a floodway or to add areas to the 100 year floodplain you need to file a Conditional Letter of Revision or CLOMR and once approved about a year later file a Letter of Map Revision or LOMR.

  9. #9
    Cyburbian tsc's avatar
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    NY is a home rule state. It is good to look at local laws that are already on the books in NY. Utica had some tough laws; I think Elmira does too. I think their laws are in the flood guide i worked on.

    I couldn't believe the pics coming out of your city... just sad. What a set back.
    "Yeehaw!" is not a foreign policy

    Renovating the '62 Metzendorf
    http://metzendorf.blogspot.com/

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