78 FR 68719 - Floodplain Management and Protection of Wetlands: On 11/15/2013, HUD published a new rule on the regulations governing the protection of wetlands and floodplains. It also does not impact insurance rates under the National Flood Insurance Program, which is administered by the Federal Emergency Management Agency. A FEMA map showing the project is located in a Special Flood Hazard Area along with documentation of the 8-Step Process and required notices. Yes, HUD assistance may be used for critical actions in the 100-year and 500-year floodplain if there are no practicable alternatives (for example, the entire locality is located in the 500 -year floodplain) and the mitigation measures required in 55.20(e)(3) are incorporated into the project. This is the segment of the floodplain that will generally carry flow of flood waters during a flood and is typically the area of greatest risk to structures in the floodplain. Floodplain Management (24 CFR 55, Executive Order 11988) Background . For more information on basic responsibilities and definitions, refer to 24 CFR 55.1 and 55.2. Online The Office of Environment and Energy (OEE) hosted a webinar to educate HUD recipients, applicants, and their partners on Floodplain Management and Wetlands Protection regulations at 24 CFR Part 55 implementing Executive Orders 11988 and 11990. 100-Year Floodplains (or 1 Percent Annual Chance Floodplains) are areas near lakes, rivers, streams, or other bodies of water with at least a 1% chance of flood occurrence in any given year. The HUD floodplain management decision-making process at 24 CFR Part 55.20 contains eight steps, including public notice and an examination of practicable alternatives. Executive Order 11988 24 CFR 55 26 0 obj <>/Filter/FlateDecode/ID[]/Index[21 15]/Info 20 0 R/Length 49/Prev 15036/Root 22 0 R/Size 36/Type/XRef/W[1 2 1]>>stream If such maps are not available, the agency shall make a determination of the location of the floodplain based on the best available information. It is important to note that the entire floodplain must be incidental, meaning that this exception does not apply if any buildings or improvements exist within the SFHA. This resource was updated January 3, 2014. When FEMA provides Advisory Base Flood Elevations (ABFE) or preliminary FIRMs and studies, HUD or the responsible entity must use the latest of these sources unless the ABFE or preliminary FIRM allow a lower Base Flood Elevation (BFE) than the current FIRM and FIS. It was followed by es­ tablishment . Executive Order (EO) 11988 within HUD Regulations 24 CFR Part 55 details floodplain management. We are focusing not only on HUD's floodplain management regulation but also on specific multifamily and Office of Residential Care Facilities flood requirements. Sources which merit investigation include the files and/or studies of other federal agencies, such as the U. S. Army Corps of Engineers, the Tennessee Valley Authority, the Soil Conservation Service and the U. S. Geological Survey. Russ Baxter Deputy Director of Soil and Water Conservation and Dam Safety and Floodplain Management 600 E. Main St., 24 th Floor Richmond, VA 23139 804-786-2291 office 804-837-4028 fax Russ.Baxter@dcr.virginia.gov. Review Section 55.20 and the resources on this page for information on completing the 8-Step Process. Floodplain Management (Executive Order 11988) EXECUTIVE ORDER No. 500-Year Floodplains (or .2 Percent Annual Chance Floodplains) are areas with at least a .2% chance of flood occurrence in any given year. If the RE/HUD agrees with this recommendation, the review is in compliance with this §55.28 Use of individual permits under section 404 of the Clean Water Act for HUD Executive Order 11990 processing where all wetlands are covered by the permit. Zones designated A and AE are delineated, and watershed boundaries are displayed. Yet, a decade later, annual flood … Floodplain Management contacts. This applies to hospitals, nursing homes, fire and police stations, and roads providing sole egress from flood-prone areas. ☐ Yes Provide the applicable citation at 24 CFR 55.12(c) here. Floodplain Management 8 Step Decision Making Process Case Study (DOC) Floodplain Management 8 Step Decision Making Process Flow Chart (PDF) If the project occurs in a 500-year floodplain (B Zone or shaded X Zone), the 8-Step Process is required for critical actions unless it is inapplicable per 55.12(b) or the 5-Step Process is applicable per 55.12(a). HUD proposes to define FFRMS floodplain in § 55.2 (b) (12) for non-critical actions as land that is less than two feet above the 100-year floodplain. Executive Order 11988 – Floodplain Management Executive 11988 on floodplain management requires a special review process for projects located in a floodplain. These include acquisition and refinance of existing single family properties, minor improvements to single family properties, and leasing. 86 floodplain shall be established using the Federal Flood Risk Management Standard 87 (FFRMS). Federal departments and agencies are charged by executive orders with incorporating floodplain management and wetland protection considerations in their respective One in four NFIP claims occur outside of SFHAs. State or local law or program policy may require additional elevation (or “freeboard”) beyond the minimum elevation requirements set by FEMA. of flood insurance, dis­ aster assistance and related Federal programs, and some State and local government floodplain management programs. If the project occurs in a 100-year floodplain (A Zone), an 8-Step Process is required unless it is inapplicable per 55.12(b) or the 5-Step Process is applicable per 55.12(a). The Federal Emergency Management Agency (FEMA) designates floodplains. 0 Executive 11988 on floodplain management requires a special review process for projects located in a floodplain. Federal Flood Risk Management Standard Floodplain. The FFRMS expands floodplain management requirements well-beyond long-standing rules tied to the 100-year floodplain. Projects may be exempted under the incidental floodplain exception if: For a visual representation of the incidental floodplain exception, see Incidental Floodplain Exception, Illustrated. Executive Order 11988 - Floodplain Management requires Federal activities to avoid impacts to floodplains and to avoid direct and indirect support of floodplain development to the extent practicable. structural flood control measures alone were inadequate to stem rising flood losses. Resource Links For critical actions, the FFRMS floodplain would be defined to include land that is either within the 500-year floodplain or less than three feet above the 100-year floodplain. Floodplain Management Regulations ..... 4-2. The purpose of EO 11988 is “to avoid to the extent possible the long and short term adverse impacts associated with the occupancy and modification of floodplains and to avoid direct or indirect support of floodplain development wherever there is a practicable alternative.” Non-Special Flood Hazard Areas are areas with moderate-to-low risk of flooding; however, it is important to remember that floods still occur frequently in these areas. Guidance is also available on Part 55 Floodplain Management Compliance: Non-Critical Actions. Title: 8 Step Decision-Making Process for Executive Order 11988 Author: HUD Created Date: 12/2/2009 4:04:19 PM Explore featured publications and browse regulations, policy guidance, toolkits, and other resources. Find answers to frequently asked questions. A Regulatory Floodway comprises the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Find point of contact information for HUD's grantees. Determinations on Floodplain Management, to determine the potential affect that its activity in the floodplain and wetland will have on the human environment for [Program Name] under [HUD grant or contract number] . endstream endobj startxref Funds can be used for projects that reduce or eliminate the risk of repetitive flood damage to buildings insured by the National Flood … The proposed project(s) is located [at Floodplain management is a community-based effort to prevent or reduce the risk of flooding, resulting in a more resilient community. 11990], in accordance with HUD regulations at 24 CFR 55.20 Subpart C Procedures for Making Determinations on Floodplain Management, to determine the potential affect that its activity in the floodplain and wetland will have on the human environment for [Program Name] under [HUD grant or contract number]. 3452780005D, revised August 15, 1983. The Federal Emergency Management Agency (FEMA) designates floodplains as geographic zones subject to varying levels of flood risk. HUD has promulgated regulations for this Executive Order at 24 CFR Part 55 that covers all projects that are located in a 100-year floodplain and critical actions located in the 500-year floodplain. The Flood Mitigation Assistance Program is a competitive grant program that provides funding to states, local communities, federally recognized tribes and territories. If the project occurs in a Coastal High Hazard Area (V Zone), federal assistance may not be used at this location if the project is a critical action. Executive Order 11988 - Floodplain Management requires Federal activities to avoid impacts to floodplains and to avoid direct and indirect support of floodplain development to the extent practicable. Does 24 CFR 55.12(c) exempt this project from compliance with HUD’s floodplain management regulations in Part 55? If it is a functionally dependent use or restoration activity, the 8-Step Process is required. on HUD's floodplain management regulation but also on specific multifamily and Office of Residential Care Facilities flood requirements. Table of Contents vi Reducing Flood Losses Thr ough the International Codes ... FIS Flood Insurance Stud y HUD U.S. Department of Housing and Urban Development HVAC Heating, ventilation, air conditioning Floodplain Management and Protection of Wetlands Rulemaking HUD recently finalized a rule that changes HUD regulations of floodplains and wetlands at 24 CFR part 55. Note that although Part 55 does not contain elevation requirements for non-critical actions, projects involving new construction and substantial improvements (as defined in 55.2(b)(10)) must be elevated or, for nonresidential structures, floodproofed to the base flood elevation of the floodplain in order to get flood insurance from FEMA. The property is located on Flood Insurance Rate Map (FIRM) Panel 5 of 5 no. If project is exempt under 55.12(c)(6) or (8), provide supporting documentation. Special Flood Hazard Areas (SFHAs) are areas designated by FEMA as having a heightened risk of flooding. Does your project occur in a floodplain? 11988. With respect to wetlands, the rule codifies existing procedures for Executive Order 11990, Protection of Wetlands. ... (HUD) floodplain map or a more detailed map of an area, if available. However, the proposed action meets all of the criteria at 24 CFR 55.12(a), so a 5-step floodplain analysis is applicable (i.e. Steve Lawson, a multifamily builder from Virginia Beach, Va., and NAHB staff met last week with White House Office of Management and Budget officials to voice their concerns regarding HUD’s forthcoming Federal Flood Risk Management Standard (FFRMS) regulation.. Under 55.12(c), certain projects are exempt from Part 55. The FEMA Map Service Center provides this information in the form of FEMA Flood Insurance Rate Maps (FIRMs). Floodplain Management Checklist for HUD or Responsible Entity General requirements Legislation Regulation Avoid the adverse impacts associated with the occupancy and modification of floodplains. During the webinar we will be using the acronym ORCF for Office of Residential Care Facilities, and we will also refer to this program as 232. Documentation supporting the determination that an exception at 55.12(c) applies. 21 0 obj <> endobj It 153 establishes a general policy and cites specific requirements for compliance by Federal executive 154 agencies (hereafter referred to as agencies). WASHINGTON, DC 20410-1000. Fairfax County, Virginia - The Fairfax County interactive FEMA-SFHA map displays Special Flood Hazard Areas as defined by the Federal Emergency Management Agency. The environmental review record should contain one of the following: View Floodplain Management - Partner Worksheet. Federal departments and agencies are charged by executive orders with incorporating floodplain management and wetland protection considerations in their respective Find award and allocation amounts for grantees by year, program, and state. A permanent covenant is placed on the property's continued use to preserve the floodplain. Learn about what HUD grantees are doing across the nation. 35 0 obj <>stream Part 55: Floodplain Management and Wetlands Protection Webinar, FEMA Map Service Center Flood Insurance Rate Maps (FIRMs), Sample Floodplain and Wetland Notices - English and Spanish, 2020 US Department of Housing and Urban Development, Incidental Floodplain Exception, Illustrated, View Floodplain Management - Partner Worksheet, Floodplain Management 8 Step Decision Making Process, Adoption of Flood Insurance Rate Maps by Participating Communities, National Flood Insurance Program (NFIP) Website, Federal Emergency Management Association (FEMA) Floodplain Management Requirements: A Study Guide and Desk Reference for Local Officials, EPA Green Infrastructure: Managing Wet Weather, EPA National Menu of Stormwater Best Management Practices, EPA Stormwater Management Low Impact Development Strategies, Natural and Beneficial Functions of Floodplains, National Association of Flood and Stormwater Management Agencies, Natural Resources Conservation Service (NRCS) Floodplain Conservation Easement, Smartgrowth for Coastal and Waterfront Communities, NAFSMA Guidance for Stormwater Management Funding, Floodplain Management Bulletin: Historic Structures, 78 FR 68719 - Floodplain Management and Protection of Wetlands, No new or existing buildings or improvements occupy or modify the 100-year floodplain, floodway, coastal high hazard area, or – for critical actions – the 500-year floodplain, Provisions are made for site drainage that will not adversely affect any wetland, AND. HUD Regulations 24 CFR Part 55 details floodplain management. Resource Links. Activities listed in 55.12(c) include floodplain restoration, minor amendments to previously approved actions, sites where FEMA has issued a final Letter of Map Revision or final Letter of Map Amendment, actions that are Categorically Excluded Not Subject to 50.4 or 58.5, and sites where the “incidental floodplain exception” applies. Executive Order 11988 - Floodplain Management, 24 CFR Part 55 - Floodplain Management and Protection of Wetlands. Section 55.12(b) lists project types that must comply with the basic restrictions in Part 55 (i.e. Floodplain Management (Executive Order 11988) EXECUTIVE ORDER No. During the webinar we will be using the acronym ORCF for Office of Residential Care Facilities, and we will also refer to this program as 232. HUD proposes to implement FFRMS by revising § 55.20, which is HUD's current 8-step process for evaluating HUD-assisted projects for flood risk and identifying steps to mitigate that risk. Introduction 151 Executive Order 11988 – Floodplain Management(E.O. An 8 Step Process must be performed unless an exception applies. Specifically, HUD is seeking public comment on the language and option for the proposed HUD compliance aid for private flood insurance policies to demonstrate compliance with HUD… Title: 8 Step Decision-Making Process for Executive Order 11988 Author: HUD Created Date: 12/2/2009 4:04:19 PM HUD’s regulations in 24 CFR Part 55 outline HUD’s procedures for complying with EO 11988. Under section 55.12, certain actions must comply with Part 55 but are not required to complete the full 8-Step Process. This impact is permanent. Each zone reflects the severity or type of potential flooding in the area. 1. Include in your documentation a discussion of why this is the best available information for the site. Resource Links 24 CFR Part 55: Floodplain Management and Protection of Wetlands (HTML) Moving forward the federal standard applies to substantial rebuilding projects (i.e. This document provides a flowchart that allows the user to determine whether a project complies with Part 55. HUD has prepared flow charts illustrating how to comply with Part 55 for non-critical actions and critical actions. flood hazard with water surface elevations determined). when damage exceeds 50 percent of the value of the structure) that will rely on federal funding. Fed­ eral agencies are directed to lead the Nation by exemplary demonstration of a comprehensive approach to floodplain management and to pre­ pare procedures for achieving the goals of the Order. If the project involves new construction or substantial improvement (as defined in 24 CFR 55.2(b)(10), NFIP regulations require that the affected structure(s) be elevated to the base flood elevation. dams, marinas, and port facilities) or a floodplain function restoration activity. h�b```f``e n�a`ʱ0pL`Wf`�a��`�`h s����A�����,R �Q�7)������� H3q'�8��>�@� ��B The FEMA Map Service Center provides this information in the form of FEMA Flood Insurance Rate Maps (FIRMs) or Flood Hazard Boundary Map. Request in-depth assistance with implementing a HUD-funded program. Resources and assistance to support HUD's community partners. For all other actions, financial assistance is prohibited unless the activity is an existing structure, an improvement of an existing structure or reconstruction following a disaster in accordance with 24 CFR 55.1(c)(3)(i). Section 55.12(a) lists activities that must complete the modified 5-Step Process: these actions are not required to provide public notice or consider alternatives, but must complete the other steps in the 8-Step Process. %PDF-1.5 %���� Unified National Program for Flood­ plain Management (1976) of the Water Resources Council is cited by the Order to provide direction. For more detailed information on the different types of floodplains, see FEMA Flood Zones. The Federal Emergency Management Agency (FEMA) designates floodplains as geographic zones subject to varying levels of flood risk. If the project is not exempt under section 55.12(c), use a FEMA Flood Insurance Rate Map (FIRM) to determine whether the project is in or near a floodplain. Browse the library of grantee reports and plans, organized by program. Project Analysis: Direct impacts to the floodplain include converting about 1 acre of 100-year floodplain and 12 acres of 500-year floodplain to areas outside the floodplain. Ask a basic policy or reporting system question. If such maps are not available, the agency shall make a determination of the location of the floodplain based on the best available information. The incidental floodplain exception may exempt a project from Part 55 where only a small portion of the project site contains a floodplain. 2506-0177 (exp. hospitals, nursing homes, police stations, fire stations, and roadways providing sole egress from flood-prone areas) to comply with Part 55 when they are located in the 500-year floodplain. ... (HUD) floodplain map or a more detailed map of an area, if available. OMB No. Search for a specific grantee and view its awards, contact information, and reports, and more. Steps 2, 3 and 7 are not required): 1. 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