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Consultation Coordination Officer’s Meeting Montgomery County, … · 2017. 5. 31. · Regulatory...

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Consultation Coordination Officer’s Meeting Montgomery County, KS May 31, 2017
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Page 1: Consultation Coordination Officer’s Meeting Montgomery County, … · 2017. 5. 31. · Regulatory Process: Comments & Appeals Periods Local constituents must submit any appeals

Consultation Coordination Officer’s MeetingMontgomery County, KS May 31, 2017

Page 2: Consultation Coordination Officer’s Meeting Montgomery County, … · 2017. 5. 31. · Regulatory Process: Comments & Appeals Periods Local constituents must submit any appeals

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WELCOME & INTRODUCTION

FEMA – Region VII Bob Franke – Regional Project Officer Andy Megrail – NFIP Specialist Sara Henry – NFIP Specialist

Kansas Dept of Agriculture (KDA) – Cooperating Technical Partner Tom Morey – State NFIP Coordinator Dane Bailey – Floodplain Mapping Coordinator Tara Lanzrath – Floodplain Mapping Specialist Martin Koch - Floodplain Mapping Specialist Steve Samuelson – NFIP Specialist

AECOM – Mapping Contractor David Rubenstein – Project Manager Andy Bonner

Welcome & Introduction

Page 3: Consultation Coordination Officer’s Meeting Montgomery County, … · 2017. 5. 31. · Regulatory Process: Comments & Appeals Periods Local constituents must submit any appeals

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Agenda and Objectives

Map Overview

Next Steps: Appeal Period, Open House, LFD

Map Adoption

National Flood Insurance Program

Higher Regulatory Standards

Community Rating System

Questions / Discussion

Page 4: Consultation Coordination Officer’s Meeting Montgomery County, … · 2017. 5. 31. · Regulatory Process: Comments & Appeals Periods Local constituents must submit any appeals

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LiDAR Topography

Redelineated Detailed riverine study (Coffeyville & Independence) on LiDAR

New Approximate Zone A Studies on LiDAR for the remaining streams in the county.

GIS-based, countywide format

Datum conversion (NGVD29 to NAVD88)

Updated Hydrology in Caney River basin

MG County, KS — FIRM Overview

Page 5: Consultation Coordination Officer’s Meeting Montgomery County, … · 2017. 5. 31. · Regulatory Process: Comments & Appeals Periods Local constituents must submit any appeals

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LiDAR

Page 6: Consultation Coordination Officer’s Meeting Montgomery County, … · 2017. 5. 31. · Regulatory Process: Comments & Appeals Periods Local constituents must submit any appeals

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MG County, KS FIRM Product

Components of a FIRM•Base map•Topographic data•FIRM Database•Metadata•Flood Insurance Study

(FIS) report•Back-up data (models,

etc.)

Aerial Imagery

Elevation

Geodetic Control

Boundaries

Surface Waters

Transportation

Land Ownership

Special Flood Hazard Areas

Page 7: Consultation Coordination Officer’s Meeting Montgomery County, … · 2017. 5. 31. · Regulatory Process: Comments & Appeals Periods Local constituents must submit any appeals

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Montgomery County, KS FIRM

Page 8: Consultation Coordination Officer’s Meeting Montgomery County, … · 2017. 5. 31. · Regulatory Process: Comments & Appeals Periods Local constituents must submit any appeals

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Summary of Map Actions (SOMA) FEMA periodically issues Letters

of Map Change (LOMCs)

LOMCs are legally binding changes to the map

Many LOMCs are not typically reflected in the new FEMA maps due to scale constraints

Summary of Map Actions contains assessment of all existing LOMCs with respect to the new FEMA maps

Page 9: Consultation Coordination Officer’s Meeting Montgomery County, … · 2017. 5. 31. · Regulatory Process: Comments & Appeals Periods Local constituents must submit any appeals

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Summary of Map Actions (continued)

Summary of Map Actions Categories:

• Category 1 (Incorporated): Shown on the new FIRM panel

• Category 2 (Not Incorporated): NOT shown on the new FIRM panel due to scale limitations (revalidated after the new FIRMs become effective)

• Category 3 (Superseded): no longer valid, due to revised flood hazards

• Category 4: Must be re-determined

Page 10: Consultation Coordination Officer’s Meeting Montgomery County, … · 2017. 5. 31. · Regulatory Process: Comments & Appeals Periods Local constituents must submit any appeals

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SOMA Community Status

LOMCs Incorporated• None

LOMCs Not Incorporated•Coffeyville – 1• Independence – 2•MG County - 5

LOMCs Superseded• Coffeyville - 1

LOMCs To Be Re-determined• None

Page 11: Consultation Coordination Officer’s Meeting Montgomery County, … · 2017. 5. 31. · Regulatory Process: Comments & Appeals Periods Local constituents must submit any appeals

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Preliminary Work Map Release

Preliminary FIS/FIRM Release

Post-Release of Preliminary

FIS/FIRM

Post-Appeals Post-LFD

Preliminary Work Maps provided for review in October & September

Preliminary Flood Insurance Rate Maps released to the communities and the general public.

Oct 2014,Jan 2017

CCO/Open House Meetings and regulatory formal 90 day appeal period will be determined

FEMA will issue Letter of Final Determination (LFD) that initiates the 6 month adoption period before the new maps become effective – all appeals will be resolved prior to LFD

Effective FIRMs become the basis for community floodplain management and insurance requirements

Start of ordinanceAdoption PeriodFl

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Timeline for Montgomery County

WE ARE HERE

Page 12: Consultation Coordination Officer’s Meeting Montgomery County, … · 2017. 5. 31. · Regulatory Process: Comments & Appeals Periods Local constituents must submit any appeals

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Important Dates

Preliminary Dates = 10/17/2014 and 1/31/2017

CCO Meeting = 12/17/2014 and 5/31/2017 (today)

Public Meeting (Open House) = July 2017???

Appeal Period –• Approx 60 days after CCO• August thru October 2017???

Letter of Final Determination (LFD) = January 2018???

Effective = July 2018???

Page 13: Consultation Coordination Officer’s Meeting Montgomery County, … · 2017. 5. 31. · Regulatory Process: Comments & Appeals Periods Local constituents must submit any appeals

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Regulatory Process: Comments & Appeals Periods

Local constituents must submit any appeals through the local community

Appeals must be science-based. Meaning that map revisions must be based on engineering and that must be provided by the appellant.

Appeals are not likely to be contentious.

Bottom Line – If you believe there may be an appeal CALL ME. I will help you sort it out.

Page 14: Consultation Coordination Officer’s Meeting Montgomery County, … · 2017. 5. 31. · Regulatory Process: Comments & Appeals Periods Local constituents must submit any appeals

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Regulatory Process: Comments

Comments are any input and/or feedback on the Preliminary FIRMs that do not relate to new or modified BFEs, base flood depths, SFHA boundaries or SFHA zone designations•Comments include, but are not limited to: Changes in the floodplain that should have been

submitted to FEMA Corporate limit revisions Road name errors and revisions Changes affected by a Letter of Map Change

Page 15: Consultation Coordination Officer’s Meeting Montgomery County, … · 2017. 5. 31. · Regulatory Process: Comments & Appeals Periods Local constituents must submit any appeals

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Regulatory Process: Appeals

Appeals are challenges to the Preliminary FIRMs that relate to new or modified BFEs, base flood depths, SFHA boundaries or SFHA zone designations and that are believed to be scientifically or technically incorrect• Appeals may result in revisions to the Preliminary FIRMs

Appeals must be:• Submitted within the designated 90-day Appeals period• Accompanied by sufficient technical information (see Criteria

for Appeals of Flood Insurance Rate Maps) • Compliant with FEMA’s Guidelines & Specifications for Flood

Hazard Mapping Partners

Page 16: Consultation Coordination Officer’s Meeting Montgomery County, … · 2017. 5. 31. · Regulatory Process: Comments & Appeals Periods Local constituents must submit any appeals

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• Criteria for appeals.

http://www.fema.gov/media-library-data/5270aa93d5b892c8420248bc8f40a1ee/FIRM+Appeals+%28EAP%29+Criteria.pdf

• FEMA Guidelines and Specification for Flood Hazard Mapping

https://www.fema.gov/media-library/assets/documents/13948

Regulatory Process: Appeals

Page 17: Consultation Coordination Officer’s Meeting Montgomery County, … · 2017. 5. 31. · Regulatory Process: Comments & Appeals Periods Local constituents must submit any appeals

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Submit Comments To:Dane Bailey

KS Dept of AgricultureTopeka Field Office

(785) [email protected]

Submit Appeals to:Bob Franke

FEMA Region VIINatural Hazards Program Specialist

9221 Ward ParkwayKansas City, MO 64114

(816) [email protected]

Regulatory Process: Appeals

Page 18: Consultation Coordination Officer’s Meeting Montgomery County, … · 2017. 5. 31. · Regulatory Process: Comments & Appeals Periods Local constituents must submit any appeals

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Map Adoption

After appeals are resolved, communities will receive a letter of final determination (LFD)• Maps effective after six months

Before FIRM effective date, communities must adopt FIRM(s) and FIS into their local laws This is a good time to update

existing local laws Steve Samuelson – KDA Sara Henry – FEMA R7

Page 19: Consultation Coordination Officer’s Meeting Montgomery County, … · 2017. 5. 31. · Regulatory Process: Comments & Appeals Periods Local constituents must submit any appeals

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Compliance and Map Adoption Period

Begins at date Letter of Final Determination is sent and ends at FIRM effective date Community officials review and revise the community’s

flood damage prevention ordinance to ensure compliance with NFIP regulations To avoid suspension from the NFIP, the community

must adopt a compliant flood damage prevention ordinance, and submit its ordinance to the KDA and FEMA for approval prior to the end of this period

Page 20: Consultation Coordination Officer’s Meeting Montgomery County, … · 2017. 5. 31. · Regulatory Process: Comments & Appeals Periods Local constituents must submit any appeals

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What is the responsibility of the community during this period?

Local Flood Damage Prevention Ordinance to include: Updated FIS and FIRM Panel numbers Local Floodplain Administrator Designation Updated Map Effective Date Appeal Board Designation Penalties for Noncompliance

Page 21: Consultation Coordination Officer’s Meeting Montgomery County, … · 2017. 5. 31. · Regulatory Process: Comments & Appeals Periods Local constituents must submit any appeals

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The National Flood Insurance Program (NFIP)

Voluntary program based on a mutual agreement between the Federal government and the local community

In exchange for adopting and enforcing FPM ordinance, Federally-backed flood insurance is made available

Page 22: Consultation Coordination Officer’s Meeting Montgomery County, … · 2017. 5. 31. · Regulatory Process: Comments & Appeals Periods Local constituents must submit any appeals

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Governmental Roles

Federal•Risk Identification and Mapping•Building /Development Standards•Flood Insurance

State•Building Code•Technical Assistance

Local•Adoption and Enforcement of Development and Building

Standards

Page 23: Consultation Coordination Officer’s Meeting Montgomery County, … · 2017. 5. 31. · Regulatory Process: Comments & Appeals Periods Local constituents must submit any appeals

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Minimum Standards for NFIP Building Requirements

AE Zone Building Requirements•The lowest enclosed area, including the basement,

must be at or above the Base Flood Elevation (BFE)•Non-residential buildings may be flood proofed•No development in the regulatory floodway that

would raise BFE•FEMA encourages States and Local Communities to

adopt higher standards, such as Freeboard Kansas Has a 1- foot Freeboard law

Page 24: Consultation Coordination Officer’s Meeting Montgomery County, … · 2017. 5. 31. · Regulatory Process: Comments & Appeals Periods Local constituents must submit any appeals

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Floodplain Management Considerations

Repetitive Loss

Cumulative standards to address non-compliant structures

Local Communities need to take ownership of ordinance and map adoptions

Homeowner Flood Insurance Affordability Act (HFIAA)

Page 25: Consultation Coordination Officer’s Meeting Montgomery County, … · 2017. 5. 31. · Regulatory Process: Comments & Appeals Periods Local constituents must submit any appeals

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Can You Buy NFIP Flood Insurance If… You live in a Flood Hazard Area?

YES!!! You Don’t Live in a Flood Hazard Area?

YES!!! As long as your community participates in the NFIP,

you can purchase flood insurance•Except when structure has been placed in Section 1316•No structures insurable over water

Page 26: Consultation Coordination Officer’s Meeting Montgomery County, … · 2017. 5. 31. · Regulatory Process: Comments & Appeals Periods Local constituents must submit any appeals

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Insurance FAQsWill new maps increase flood insurance rates?

•Possibly “yes” for some structures effected by extension of floodplains due to topography

Will flood insurance become unavailable?•No, as long as community maintains NFIP participation,

flood insurance remains available

Mandatory Flood Insurance Purchase Requirements•Applies to structures within SFHA where the owner has a

Federally - backed mortgage

Page 27: Consultation Coordination Officer’s Meeting Montgomery County, … · 2017. 5. 31. · Regulatory Process: Comments & Appeals Periods Local constituents must submit any appeals

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Grandfathering

HFIAA restores FEMA’s ability to grandfather properties into lower risk classes

For newly identified properties, the law sets first year premiums at the same rate offered to properties located outside the SFHA (Preferred Risk Policy rates)

With limited exceptions, flood insurance premiums cannot increase more than 18 percent annually

Grandfathered policy holders are not entitled to refunds

Page 28: Consultation Coordination Officer’s Meeting Montgomery County, … · 2017. 5. 31. · Regulatory Process: Comments & Appeals Periods Local constituents must submit any appeals

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Higher Than Minimum Standards Higher than minimum

standards can increase safety, decrease flood insurance rates, and provide the community with points in the CRS

Higher than minimum standards can help prevent new structures being added to the floodplain in future map updates

Page 29: Consultation Coordination Officer’s Meeting Montgomery County, … · 2017. 5. 31. · Regulatory Process: Comments & Appeals Periods Local constituents must submit any appeals

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Community Rating System (CRS) Provides incentive for local

officials to implement requirements exceeding NFIP minimum criteria

Grants flood insurance program credits calculated for activities undertaken to:•Reduce flood losses•Facilitate accurate insurance

rating•Promote awareness of the

benefits of flood insurance

Page 30: Consultation Coordination Officer’s Meeting Montgomery County, … · 2017. 5. 31. · Regulatory Process: Comments & Appeals Periods Local constituents must submit any appeals

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Questions? Need Ordinance Assistance?Steve SamuelsonKS Dept of AgricultureTopeka Field Office(785) [email protected]

Sara HenryFEMA Region VIIKansas City, [email protected]

Page 31: Consultation Coordination Officer’s Meeting Montgomery County, … · 2017. 5. 31. · Regulatory Process: Comments & Appeals Periods Local constituents must submit any appeals

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Review and Summary

Map Overview

Next Steps: Appeal Period, Open House, LFD

Map Adoption

National Flood Insurance Program

Higher Regulatory Standards

Community Rating System

Questions / Discussion

Page 32: Consultation Coordination Officer’s Meeting Montgomery County, … · 2017. 5. 31. · Regulatory Process: Comments & Appeals Periods Local constituents must submit any appeals

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Questions


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