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Land Surveyors, FEMA, and Other Flood Zone Issues Prepared by:Harrison Robbins-Pesce, J.D., LLMBranse & Willis, LLCwww.bransewillis.com1

A Brief History of FEMA How did we get here? 2

Disaster Relief Before FEMA Starting in 1803 disaster relief was done on an ad hoc basis Over 100 pieces of legislation were enacted from 1803 through the 1930s Over 100 agencies at times were required to respond to natural disasters because of the fragmentation In 1968, the National Flood Insurance Act created the Federal Insurance Administration and made flood insurance available for the first time to homeowners

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Founding and Purpose Created in 1979 by an Executive Order of Jimmy Carter FEMAs mission statement: to lead America to prepare for, prevent, respond to and recover from disasters with a vision of "A Nation Prepared.March 1, 2003 FEMA was absorbed into the Department of Homeland Security

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The National Flood Insurance Act of 1968 Timeline 1968: launched the National Flood Insurance Program1973: Flood Insurance Protection Act mandated that lenders require flood insurance on loans secured by properties located within high-risk flood areas.1994: National Flood Insurance Reform Act strengthened the NFIPwith a number of reforms, that included, increasing the focus on lender compliance and developing a mitigation assistance program to further reduce the costly and devastating impacts of flood.2004: The Flood Insurance Reform Act of further strengthened the NFIP with a number of reforms, that included,reducing losses to properties for which repetitive flood insurance claim payments have been made, creating policyholder awareness about individual flood insurance policies,increasing policyholder information on guidance about the flood insurance claims process and establishing a minimumflood insurance training and education requirement for insurance professionals.

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The mitigation assistance program provides grants to states, towns, communities for projects and planning that help to mitigate future damage from floods. 5

Timeline Cont. 2012: The Biggert-Waters Flood Insurance Reform Act authorized and funded the national mapping program and certain rate increases to ensure the fiscal soundness of the program by transitioning the program from subsidized rates, also known as artificially low rates, to offer full actuarial rates reflective of risk2014: The Consolidated Appropriations Act prohibited the implementation of certain sections of the previous law Biggert-Waters, effectively stopping certain rate increases while new law was being developed to address raise rate concerns.2014: The Homeowner Flood Insurance Affordability Act (HFIAA) repealed certain parts of previous law Biggert-Waters, restoring grandfathering, putting limits on certain rate increases and updating the approach to ensuring the fiscal soundness of the fund by applying an annual surcharge to all policyholders.6

National Flood Insurance Program Covers roughly 20,000 participating communities and 5.1 million people in the United States Offers two types of premiums: full risk and subsidizedSubsidized explanation click hereIts building standards are estimated to save $1 billion annually Program was intended to be self sustaining 30% of all policies are subsidized Over $200 million paid out annually is to repetitive loss properties As of 2013 FEMA owed the U.S. Treasury $23 billion 7

Subsidized rates are for older homes built before the FIRM maps were developed and are not in compliance with any FIRM map, rates are not based on elevation and are typically below the full risk rate. Rate will almost always be subsidized if in a high risk flood zone either starts with an A or a V. 7

The 50% Rule Substantial Improvement or Substantial Damage ruleIf the cost of improvements or the cost to repair the damage exceeds 50 percent of the market value of the building, it must be brought up to current floodplain management standards. Any project requiring a permit must be evaluated against this rule Requirements will vary from town-to-town based on what actions require a permit Need to look to community rules to see how they calculate costs of improvements, i.e. one time or cumulative

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FEMA Map AmendmentsWhat surveyors need to know

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Letters of Map Change (LOMC) Letter of Map Amendment (LOMA) correct errorLetter of Map Revision (LOMR) document physical, man-made change to land areaLetter of Map Revision Based on Fill (LOMR-F) document filling of land above flood elevationConditional Letter of Map Amendment Based on Fill (CLOMR) conditional approval for proposed projectConditional Letter of Map Revision Based on Fill (CLOMR-F) conditional approval for proposed filling

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Letter of Map Change (LOMC) LOMCs are documents issued by FEMA that revise or amend the flood hazard information shown on the FIRM without requiring the FIRM to be physically revised and re-publishedAn LOMC reflects an official revision/amendment to an effective Flood Insurance Rate Map (FIRM). If the LOMC request is granted, property owners may be eligible for lower flood insurance premium or the option to not purchase flood insurance11

Letter of Map Amendment (LOMA)This is the most basic type of LOMC A Letter of Map Amendment is an official amendment, by letter, to an effective National Flood Insurance Program (NFIP) Flood Insurance Rate Map (FIRM)LOMAs are usually issued because a property has been inadvertently mapped as being in the floodplain, but is actually on natural high ground above the base flood elevation (BFE).12

LOMA Continued LOMA officially amends the effective NFIP map, it is a public record that the community must maintainAny LOMA should be noted on the community's master flood insurance rate map (FIRM) and filed by panel number in an accessible location

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Letter of Map Revision (LOMR) A Letter of Map Revision is FEMA's modification to an effective Flood Insurance Rate Map (FIRM), or Flood Boundary and Floodway Map (FBFM), or bothLOMR is utilized for physical, man-made changes to the ground that affect the hydrologic or hydraulic characteristics of a flooding sourceResults in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the limits of the Special Flood Hazard Area (SFHA)14

Used when the actual flooding area or patterns have changed because of actions taken in the floodway area. 14

LOMR Continued A LOMR officially revises the Flood Insurance Rate Map (FIRM) or Flood Boundary and Floodway Map (FBFM), and sometimes the Flood Insurance Study (FIS) report, and when appropriate, includes a description of the modificationsAll requests for changes to effective flood map must be made in writing by the Chief Executive Officer (CEO) of the community or an official designated by the CEO15

Letter of Map Revision Based on Fill (LOMR-F)FEMA's modification of the Special Flood Hazard Area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway.i.e. land has been physically raised through the use of fill to elevate a structure out of the floodzone Must be made in writing through the Chief Executive Officer (CEO) of the community or an official designated by the CEO16

Conditional Letter of Map Revision Based on Fill (CLOMR-F)FEMA's comment on a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA)The letter does not revise an effective NFIP map, it indicates whether the project, if built as proposed, would be recognized by FEMAApplicant applies for LOMR-F following construction17

A CLOMR-F is essentially a guidance document. You are asking FEMA to confirm that if you undertake the proposed fill actions, your property will be elevated out of the flood zone. 17

CLOMR ContinuedBuilding permits CANNOT be issued based on a CLOMR, because a CLOMR does not officially change the NFIP FIRMOnce a project has been completed, the community must request a LOMR to officially revise the Flood Insurance Rate Map (FIRM) to reflect the project, this requires submission of as built certifications 18

If in an application for you saying you dont need to build your house to specific standards because its not located in the flood zone, presenting a CLOMR would not be sufficient proof of this. The only way to show that a property is not in the flood zone is to with an LOMR-F. 18

Submission Process Licensed land surveyor needs to complete a Elevation Certificate (EC)MT-EZ form used for single structure or lot LOMAsMT-1 Application form used for:CLOMAs, LOMAs, LOMR-Fs, and CLOMR-FsMT-2 Application form used for: CLOMRs, LOMRs and Physical Map Requests Most requests can now be completed online19

The Elevation Certificate Provides elevation information to NFIP to determine premium rates and as support for LOMA and LOMR requests Applies to Post-FIRM buildings those either substantially improved or new construction Must be completed by a licensed land surveyor, engineer, or architect when it is for a LOMA /LOMRDetails to NFIP the elevations and grade of the property20

Effect of a LOMA or LOMRIn most instances, eliminates the federal flood insurance purchase requirement as a condition of federal or federally backed financing; however, the mortgage lender retains the prerogative to require flood insurance as a condition of providing financing, regardless of the location of a structureSuggest to the property owner to check with their particular lending institution on flood insurance requirements, LOMAs, etc. before starting the process21

Fees: Single Lot/Single StructureRequests for Single-Lot, Single-Structure Map ChangePaper Form FeeOnline LOMC FeeSingle-Lot or Single-Structure LOMAFreeFreeSingle-Lot/Single-Structure CLOMA and CLOMR-F$600$500Single-Lot/Single-Structure LOMR-F$525$425Single-Lot/Single-Structure LOMR-F Based on As-Built Information (CLOMR-F previously issued by FEMA)$425$325

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Fees: Multiple-Lot/Multiple-StructureRequests for Multiple-Lot/Multiple-Structure Map ChangesPaper Form FeeOnline LOMC FeeMultiple-Lot/Multiple-Structure LOMAFreeFreeMultiple-Lot/Multiple-Structure CLOMA$800$700Multiple-Lot/Multiple-Structure CLOMR-F and LOMR-F$900$800Multiple-Lot/Multiple-Structure LOMR-F Based on As-Built Information (CLOMR-F previously issued by FEMA)$800$700

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Fees: Map Changes Requiring Special Technical ReviewRequests for Map Changes Requiring Special Technical ReviewPaper Form FeeOnline LOMC FeeCLOMR Based on New Hydrology, Bridge, Culvert, Channel or Combination Thereof$6,750$6,500CLOMR Based on Levee, Berm or Other Structural Measures$7,250 (plus $60/hr)$7,000 (plus $60/hrLOMR Based on Bridge, Culvert, Channel, Hydrology, or Combination Thereof$8,250$8,000LOMR Based on Levee, Berm or Other Structural Measures$9,250 (plus $60/hr)$9,000 (plus $60/hr)LOMR Based on As-Built Information Submitted as a Follow-up to a CLOMR$8,250$8,000LOMR Based Solely on Submission of More Detailed DataFreeFreeLOMR/CLOMR Based on Structural Measures on Alluvial Fans$7,250 (plus $60/hr)$7,000 (plus $60/hr)

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Fee Exemptions Per Section 72.5 of the NFIP Regulations: Map changes based on mapping or study analysis errorsMap changes based on the effects of natural changes within the Special Flood Hazard Area (SFHA)Requests for LOMAsFederally sponsored flood-control projects where 50 percent or more of the project's costs are federally fundedMap changes based on detailed hydrologic and hydraulic studies conducted by federal, state or local agencies to replace approximate studies conducted by FEMA and shown on the effective Flood Insurance Rate Map (FIRM)Map changes based on flood hazard information meant to improve upon that shown on the flood map or within the flood study.NOTE: Improvements to flood maps or studies that partially or wholly incorporate manmade modifications within the SFHA will not be exempt from fees

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Areas of Concern Outside of Map Amendments 26

Liability & Specialization Who is liable for a mistake? Multiple parties involved? Is a specialist needed? Is the scope beyond a surveyor or civil engineers expertise? Wave direction and storm surge determinations

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Freeboard What does this mean?Does your clients zoning regulations, town ordinance or state building code require its use?It is recommended by FEMA

Images from mass.gov28

Utilities Contractors are not marking them properly Mark directly on foundation not ground This can be done in addition to the field location of elevation makers Get out of the flood area Building Officials and ZEOs may withhold approval 29

Other Electrical Concerns Propane Regulators Where should they be located?Marking of Electrical Plugs Sheetrock

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FEMA Resources Educate homeowners that FEMA can work with them Video series to explain the benefits of many types of actions FEMA YouTube page Flood Video Financial assistance that is available through FEMA Grant and aid programs are available for individual homeowners and communities 31

32Questions?