New Maps in Bennington County!

The long-anticipated Bennington County Digital Flood Insurance Rate Map became effective 12/2/2015.  The data can now be found online at:

• FEMA Map Service Center www.msc.fema.gov 
• Flood Ready Atlas tinyurl.com/floodreadyatlas (Html 5); 
• Vermont Natural Resource Atlas tinyurl.com/vt-floodmap  (Silverlight).

The FEMA Map Service Center allows users to search by address and find the effective and historic flood maps for any location.  The MSC also has the Flood Insurance Study and Letters of Map Amendment.  Outside of the areas with Digital Flood Insurance Rate Maps the MSC has scanned copies of the “white/paper” FIRMs.

The Vermont Natural Resource Atlas has two online platforms.  The Html 5 version can be used by all computers and browsers.  The Silverlight version requires Internet Explorer and a PC that can load the Microsoft Silverlight software (a fairly quick process).

Where there are DFIRMs available, the MSC allows users to download GIS versions of the Special Flood Hazard Areas and other vector data.

The Vermont Center for Geographic Information will also post the GIS data later this month.

On the Flood Ready Atlas you can find a specialized layer for Flood Hazard Mapping that shows areas of Vermont with effective DFIRMs.

With the process in Bennington County completed no other flood map updates are scheduled by FEMA in Vermont.  This leaves large areas of the state with old maps needing attention.  Any future map work by FEMA will be handled through the RiskMAP approach.  RiskMAP uses a HUC-8 watershed boundary as the basis of map updates.  This would be the equivalent of the Missisquoi or Passumpsic River watersheds.

Flood Inundation Maps & Report Released for Lake Champlain & Richelieu River

In the last post, information was provided about the draft report prepared by a working group of the International Joint Commission (IJC) about flood inundation and forecasting in the Lake Champlain-Richelieu River watershed.  The IJC is a a collaboration between the US and Canada to provide coordination, management and protection of shared watersheds. Here in Vermont, we have representatives that have been appointed to the International Lake Champlain-Richelieu River Technical Working Group.

Today, the final report that came out of the Lake Champlain-Richelieu River Technical Working Group was released.  The report, A real-time flood forecasting and flood inundation mapping system for the Lake Champlain-Richelieu River watershed, was an outcome of a 2013 comprehensive Plan of Study.

From the press release:

"The IJC endorses the TWG observation that enhanced coordination among agencies involved in real-time forecasts is necessary to support the development and maintenance of forecast models and quality-controlled joint water level predictions. The Commission endorses the TWG recommendation that a binational coordination body be mandated and funded to consolidate and synthesize flood forecasting work undertaken domestically into a single binational flood forecast. This body would also be charged with developing and disseminating consistent messaging to emergency responders and the public.

"Consequently, the new IJC report does not evaluate potential flood mitigation measures as this was outside the terms of reference provided by governments.

"The Commission reiterates its strong recommendation that governments implement the full scope of the 2013 Plan of Study (PoS) to evaluate past impacts, flood plain management practices and adaptation strategies, and to assess soft (i.e., low impact and cost) to moderate flood mitigation measures and their impacts."

An outcome of the report was a series of inundation flood maps that show the areas of the Lake Champlain and Richelieu River shorelines that would be inundated when the Lake flood waters are at a certain height. Again, from the press release:

"The inundation maps show flooding potential under different flood scenarios and are not designed for regulatory purposes. A preview of these maps is available on the IJC web site at: http://arcg.is/1MhXui2."

Please take some time to explore the inundation maps, as well as read through the final report which can be found at http://ijc.org/files/publications/Lake-Champlain-IJC-Report-to-Govts-Dec-2015-NEW.pdf 

IJC invites public comment on draft flood forecasting and mapping report for Lake Champlain and Richelieu River

IJC invites public comment on draft flood forecasting and mapping report for Lake Champlain and Richelieu River and previews flood inundation maps

The International Joint Commission (IJC) is requesting comments from the public on a draft report to enhance flood preparedness and warnings for Lake Champlain and the Richelieu River by December 10, 2015.  Specifically the IJC asks if the report’s recommendations are sound and whether the recommendations address real needs for enhanced flood preparedness and warnings for Lake Champlain and the Richelieu River.  The Commission is also inviting the public to preview the associated flood inundation maps.

Following the submission of IJC’s  July 2013 Plan of Study “The Identification of Measures to Mitigate Flooding and the Impacts of Flooding of Lake Champlain and Richelieu River” (POS), the governments of the United States and Canada asked the IJC to address two issues associated with the system wide flooding in 2011:
a. closing the gaps in the data needed for a future real-time flood forecasting and inundation mapping system, and
b. the creation of static flood inundation map products.

The IJC appointed the International Lake Champlain-Richelieu River Technical Working Group (TWG) comprised of technical experts from United States, Canada, Quebec, Vermont, and New York to address the two issues. The IJC is now inviting public comment on the TWG’s draft report Toward an operational real-time flood forecasting and flood inundation mapping system for the Lake Champlain and Richelieu River.

The TWG report includes six recommendations addressing the need to:

1. Implement an operational probabilistic approach for forecasting floods, including modelling of wind set up and wave action;
2. Keep the Henry and Grand Isle water level station to maintain water level calibration and also install wave buoys to assist in wave model calibration;
3. Institute a binational coordination body such as an IJC Board to support agencies involved in real time forecasting;
4. Acquire new bathymetric data for the Richelieu River between Sorel and Saint-Jean-sur-Richelieu;
5. Create a single consistent Digital Elevation Model (DEM) for the entire Lake Champlain-Richelieu River basin following the completion and quality control of LiDAR and bathymetric data acquisition; and
6. Generate static flood inundation maps for the entire Lake Champlain Richelieu River system.

The current effort has significantly advanced the creation of flood-inundation maps for the Lake Champlain-Richelieu River system. These maps provide an emergency planning tool for authorities and the general public on land that may flood during high water events. Static inundation maps were created for the Vermont side of Lake Champlain and a portion of the New York northeastern shoreline on the US side, and for the Richelieu River from the border to downstream of the Fryers Rapids on the Canadian side. A preview of these maps is available on the IJC web site at: http://arcg.is/1MhXui2 , however, the site is under construction and the text accompanying the maps is in French only at this time. A complete LiDAR Digital Elevation Model available in Canada also allowed for the representation of inundation depths for the 11 flood scenarios.  The inundation maps are not designed for regulatory purposes, but rather to show flooding potential under different conditions.  Furthermore the report does not evaluate potential flood mitigation measures as this was outside of the scope of the reference from governments.

This public comment period is being held from November 16 to December 10, at which time the IJC will consider public comments before submitting its final report to governments.


Contacts:

Nick Heisler  (English)  Ottawa 613-992-8367 Heislern@ottawa.ijc.org

Sarah Lobrichon (French)      Ottawa 613-992-5368 LobrichonS@ottawa.ijc.org

Frank Bevacqua Washington 202-736-9024 Bevacquaf@washington.ijc.org

                                             
Sarah Lobrichon
Policy and Communications Analyst | Analyste des politiques et des communications
International Joint Commission | Commission mixte internationale
234 Laurier Ave. West, 22nd Floor, Ottawa, Ontario, Canada K1P 6K6
234, avenue Laurier Ouest, 22e étage, Ottawa (Ontario), Canada K1P 6K6
Telephone | Téléphone 613-992-5368 / Facsimile | Télécopieur 613-993-5583

Imagine two countries sharing hundreds of lakes and rivers along their border without conflict
www.ijc.org
Imaginez deux pays qui partagent des centaines de lacs et de rivières le long de la frontière sans conflit

No Adverse Impact Lunch & Learn Webinar 10/7/2015

Reposting here for those who may be interested in participating.  Boulder, Colorado had been greatly impacted by riverine erosion flooding in 2013 and they face somewhat similar flooding hazards to parts of Vermont.  As a result of the 2013 flooding, the Colorado Legislature passed a bill that creates a riverine erosion hazard mapping program to plan around flood-related erosion hazards.

-VT Floodplain Management  

___________________________________________

Dear Floodplain Officials & NAI Committee Members,

The Georgia Association of Floodplain Managers (GAFM), No Adverse Impact (NAI) Committee, in conjunction with the ASFPM NAI Committee, is pleased to announce our next Webinar:

Topic: The 90 Mile Road To Recovery - Boulder County’s Flood Recovery Journey

Host: Michael Baker International, Inc.

Presenter: Kevin Doyle, P.E., Michael Baker International

Date and Time: Wednesday October 7, 2015 12:00pm-1:00 pm, EDT

Event Password: event1

**ASFPM has approved this webinar for (1) Continuing Education Credit (CEC).  Note that if you are a Certified Floodplain Manager (CFM), please indicate that on the registration page title block (i.e., Your Name, CFM)**

Agenda:

1. Introductions and Roll Call (5 min)
2. Webinar - Presentation (40 min)
3. Question and Answer (10 min)
4. Closing - Future Topics/Presenters (5 min)

**Note you must register in advance to participate and to receive CFM credit.**

--------------------------------------------------------------------------------------------------------------------

Please click on the link below and follow the instructions to register for the webinar:

1. Go to https://mbakercorp.webex.com/mbakercorp/onstage/g.php?d=660746305&t=a
2. Click "Register"
3. On the registration form, please enter your information in the title block and then click "Submit"

Once registered you will receive a confirmation email with the call-in number and web link to participate in the webinar. Registered participants will also receive a copy of the presentation via email the day of the event.

Thank you and we look forward to your participation. 

Sean Roche, PE, CFM

GAFM NAI Committee Chairman

ASFPM NAI Committee Education & Outreach Liaison

New Federal Executive Order on Floodplains & a Federal Flood Risk Management Strategy

On January 30th, 2015, the President released a new Federal Executive Order regarding floodplains.  This new Executive Order (EO 13690) does not replace the existing Federal Executive Order 11988 (which dates back to the Carter Administration, effective 1977), but rather supplements 11988 in areas where the federal floodplain standards were lagging behind some of the existing state floodplain review standards.  Existing EO 11988 requires federal agencies to assess floodplain impacts when a federal action is taken within a federally-mapped floodplain.  Typically, federal agencies are tasked with ensuring the federal project is in compliance with minimum NFIP standards.

ASFPM has created a specific webpage for the new Federal Flood Risk Management Standard (FFRMS) that contains links to the various documents, as well as some background on the development of this new standard.  In addition, the implementation of the new EO and FFRMS has been reported about in the New York Times, as well as the Washington Post.


From the new EO 13690:

As part of a national policy on resilience and risk reduction consistent with my Climate Action Plan, the National Security Council staff coordinated an interagency effort to create a new flood risk reduction standard for federally funded projects. The views of Governors, mayors, and other stakeholders were solicited and considered as efforts were made to establish a new flood risk reduction standard for federally funded projects. The result of these efforts is the Federal Flood Risk Management Standard (Standard), a flexible framework to increase resilience against flooding and help preserve the natural values of floodplains. Incorporating this Standard will ensure that agencies expand management from the current base flood level to a higher vertical elevation and corresponding horizontal floodplain to address current and future flood risk and ensure that projects funded with taxpayer dollars last as long as intended.

Key provisions of the new EO 13690 and the FFRMS, taken from FEMA's summary of the draft FFRMS Guidelines

The new federal flood risk standard requires all future federal investments in and affecting floodplains to meet the level of resilience as established by the Standard.  For example, this includes where federal funds are used to build new structures and facilities or to rebuild those that have been damaged.

The Standard specifically requires federal agencies to consider current and future risk when taxpayer dollars are used to build or rebuild floodplains.

In implementing the Standard, federal agencies will be given the flexibility to select one of three approaches for establishing the flood elevation and hazard area they use in siting, design, and construction:

• Utilizing best-available, actionable data and methods that integrate current and future changes in flooding based on science,
• Two or three feet of elevation, depending on the criticality of the building, above the 100-year, or 1%-annual-chance, flood elevation, or
• 500-year, or 0.2%-annual-chance, flood elevation.

It is important to note that neither this new EO 13690 nor the existing EO 11988 change the local administration of the National Flood Insurance Program (NFIP) or any state minimum standards.


A 60-day Public Comment period is now open for the Draft Federal Flood Risk Management Standard Implementing Guidelines (FFRMS) which was also released on 1/30/2015.  Individuals are encouraged to submit comments before April 6, 2015.  Here is a link to a FEMA Frequently Asked Questions page of the Draft FFRMS.

New Procedure and release of Statewide River Corridor Data!

It seems a little late into January to be saying this, but Happy New Year to all.  Last month, we had 2 big releases for Vermont Floodplain and River Corridor management:

In the beginning of December, we released our new Flood Hazard Area and River Corridor Protection Procedure which was a while in the making.  This new procedure has several purposes, but the main purpose is to document how the DEC (Department of Environmental Conservation) defines and maps river corridors for: the purpose of Act 250 & Section 248 proceedings, administering the state Flood Hazard Area and River Corridor Rule, and for the regulation of berming under the Stream Alteration rules.

As for the second big release, we are happy to announce the release of our Statewide River Corridor data online!  As you see in the purpose of the Procedure, VT Rivers Program has updated the methodology for mapping River Corridors. This change has come mostly because we have been working very hard over the past year and a half or so to create a statewide river corridor map that covers all Vermont streams with a drainage area of greater than 2 square miles.  At the end of last year, the first Statewide River Corridor map was released to the public for use and can be accessed on the VT ANR Natural Resource Atlas or at the Flood Ready Atlas.  At this time, the statewide map is an approximate river corridor map but we will be working to incorporate the many miles of field assessed data that has been collected throughout the state over the past many years.  Please refer to the River Corridors - Frequently Asked Questions page, as some of your question may be addressed there.

Something else that is new and on the horizon is the implementation of our Flood Hazard Area and River Corridor Rule.  The Rule was adopted this past fall and will go into effect on March 1, 2015.  We will be posting more information in the coming weeks about this roll out.  If you read the rule and our new procedure, you will see that the Procedure contains the background and technical information that support the new rule.

Please be aware that our new rule will apply only to development that is exempt from local municipal permitting, specifically:

• State owned and operated facilities and properties;
• farms and silvicultural properties that operate under the Accepted Agricultural Practices (AAPs) or Accepted Management Practices (AMPs which apply to protecting water quality on logging jobs); and
• power-generating facilities or transmission facilities subject to Section 248 jurisdiction 

A public notice to announce the draft General Permit for the FHARC Rule is anticipated in the coming weeks.

Draft DEC Flood Hazard Area and River Corridor Protection Procedure - Comments Invited through Nov. 3

Transmittal of DEC Flood Hazard Area and River Corridor Protection Procedure

By the Department of Environmental Conservation

October 6, 2014

The Vermont General Assembly passed Act 138 in 2012 requiring the Agency of Natural Resources (ANR) to adopt a Procedure that will:

 Outline methods for assessing the sensitivity (i.e., stability) of rivers in the state; delineating river corridors based on sensitivity; and identifying where flood and fluvial erosion hazards pose a probable risk of harm to life, property, or public infrastructure;

 Aid and support the municipal adoption of river corridor, floodplain, and buffer bylaws; and

 Recommend best management practices for river corridors, floodplains, and buffers.

Acts 138 and Act 107 also required the State to adopt a Flood Hazard Area and River Corridor Rule with the authority to set standards in exceedance of the minimum regulatory standards required by the National Flood Insurance Program administered by FEMA. The Administrative Rule will apply to activities exempt from municipal regulation, i.e., state building and transportation projects, public utilities, and agricultural and silvicultural activities. The proposed Rule would establish a “no adverse impact” (NAI) standard, which essentially limits proposed state facilities or utilities from making any change in the height or velocity of floodwater that would increase inundation or erosion hazards.

The draft Flood Hazard Area and River Corridor Protection Procedure (attached) explains how the Department of Environmental Conservation (DEC) will utilize the same “no adverse impact” standard in providing technical assistance and regulatory recommendations to municipalities, Act 250, and other regulatory agencies. While NAI is the standard ANR has applied since 2004 in making Act 250 recommendations and under Criterion 1D for the NFIP floodway and the ANR river corridor1, it is a higher standard to be met in the flood hazard area outside of the NFIP floodway recommending measures of compensatory storage when necessary.

The Procedures also explain how:

a) Flood hazard areas, river corridor, and Act 250 floodways are delineated;

b) Flood hazard area and river corridor maps are amended or revised by the Department and other parties;

c) Waivers from the NAI standard are used to encourage land use planning for infill, redevelopment, and the shadowing of other structures; and

d) Best practices may be used to promote stream and floodplain equilibrium conditions and the natural attenuation of flood sediments, heights, and velocities that influence flood inundation and fluvial erosion.

The River Corridor and Floodplain Protection Program will accept public comments until November 3, 2014. Written comments should be addressed to ANR.WSMDRivers@state.vt.us or DEC Rivers Program, Watershed Management Division, 1 National Life Drive, Main 2, Montpelier, VT 05620-3522

1 ANR River Corridors are calculated and field-measured areas providing for the stream dynamics, meanders, and the riparian buffers necessary for the restoration and protection of naturally stable or least erosive river forms. Corridors show an area where any stream channelization measures used to protect development or other improvements contribute to an increase in fluvial erosion upstream and downstream and adversely affect public safety, riparian landowners, and river ecosystems.

When Governments Cooperate: State Government Municipal Day - November 13, 2014

  NOVEMBER 13, 2014

8 am - 4:15 pm

Our inaugural Municipal Day in March 2014 proved so popular that we were unable to accommodate all who wished to attend. For that reason, the Vermont Agency of Natural Resources (ANR), in cooperation with the Vermont Agency of Transportation (VTrans), and the Vermont Agency of Commerce and Community Development (ACCD), invites you to participate in a second all-day event that will include poster presentations, workshops, and the opportunity to engage with Agency staff members and municipal colleagues from across the state. 

SPACE IS LIMITED, PRE-REGISTRATION IS REQUIRED

The $30 Registration Fee includes morning coffee and a buffet lunch by the New England Culinary Institute.

TO REGISTER:

  

Complete workshop descriptions and registration details can be found here.

Is Your Community Flood Ready?

How will post-disaster funding for communities change in October?  

What does your community need to do?  

Is you community planning in order to avoid flood damage?

Visit the new Flood Ready Vermont website www.floodready.vermont.gov to find out.  

Flood Ready Vermont has the tools and data your community needs to:

• Get up to speed on the Emergency Relief and Assistance Fund (ERAF);
• Identify flood hazards and take action to minimize future damage;
• Update your community plans; and,
• Find out what communities are doing to get flood ready

Use the Flood Ready Atlas to help you identify what is working to keep your community flood resilient and where structures are at risk.  Community Reports quickly compile useful information for your municipal and hazard mitigation plans.  

Flood Ready Vermont www.floodready.vermont.gov is a place where community leaders can share information and ideas to make our communities more flood resilient.  

Funding for the design of the website was provided by the High Meadows Fund, promoting vibrant communities and a healthy natural environment while encouraging long term economic vitality in Vermont; and through a Federal Emergency Management Agency Hazard Mitigation Grant.

Early partners to inspire and help launch the site include the Connecticut River Watershed Council (CRWC) and the Conservation Law Foundation (CLF), as ably represented by David Deen, Upper Valley River Steward for CRWC; Angela Mrozinski, Outreach Director for CRWC; Ron Rhodes, North Country River Steward for CRWC; and Anthony Iarrapino, Senior Attorney for CLF.

The website development and design team was led by Daniel Shearer, Tamarack Media Cooperative, and Beka Mandell, Webskillet Cooperative.

Let us know what you think and tell your story about working for flood resilience!

EPA is looking for feedback on Clean Water Act jurisdiction

Some readers may have heard a little bit about the US Environmental Protection Agency (EPA) creating a rule having to do with the Clean Water Act.  A few years ago, a US Supreme Court Decision made it clear that the EPA and the US Army Corps of Engineers (USACE) needed to clarify which streams and wetlands were under the jurisdiction of the Clean Water Act.  The result has been a scientific literature review and a proposed rule.  With the proposed rule, not much has actually changed in what is regulated and how.  A lot of the rule is focused on clarifying that tributaries to major, navigable rivers are protected and that wetlands which are connected to downstream waters are also covered by the Clean Water Act.

Part of the update was also for EPA to expand the exemptions for agricultural production.  These exemptions are in addition the those that are already established.  There have been questions about what type of agricultural activities are going to be regulated, so the EPA has compiled facts about the proposed rule and the agricultural exemptions.  In some groups, there are concerns that too many farming activities are going to be exempted, while there has been quite a push-back from others about the new rule with the misconception that more agricultural activities are going to be regulated.  The EPA's sites are trying to clarify just what would and would not be under the jurisdiction of the Clean Water Act.

New Flood Map for Richmond Goes Into Effect Aug. 4 Last Chance to Grandfather Flood Zone

An updated flood map will become effective in the Town of Richmond on August 4, 2014. Flood Insurance Rate Maps are produced by FEMA to identify flood hazard risks for the National Flood Insurance Program.  The current and future flood hazard maps are viewable at the Richmond Town Center Building.  The current map is also online at the FEMA map service center www.msc.fema.gov .  To view the new maps (upcoming Preliminary Digital Flood Insurance Rate Map (DFIRM)) please visit the Vermont Flood Ready Atlas at tinyurl.com/floodreadyatlas

Owners of buildings in Richmond should be aware of the flood risks shown on the new map.  Over one hundred buildings currently identified as in low risk locations will be reclassified as being in high risk locations when the new map goes into effect. If a building is currently identified as in a low risk location, and later will be in a high risk location, a special low cost insurance opportunity is available to those who obtain flood insurance immediately before the map change.

The Town of Richmond has worked with Chittenden County Regional Planning Commission to help identify buildings in or near the area of map change.  Please remember that the official version of the current map (July 5, 1982) is actually the paper (or .pdf) version of the map.  Contact the Richmond Town Planner at 434-2430 or townplanner@gmavt.net for more information.

Buildings identified as going from low risk to high risk during the map change are eligible to obtain flood insurance now at the lowest rate.  If the policy with the grandfathered rate zone is maintained it can be passed on to future owners. Structures in the area of map change that do not have an active policy (check deposited) by the time the new designation goes into effect will have access to a Preferred Risk Policy (PRP) in the first year, then rates will gradually increase to the full costs for a property considered high risk. Please note that the policy must be paid, processed and fully in effect before August 4th to qualify for lower rates. To get flood insurance or more information on grandfathering contact the agent that provides your homeowner’s insurance or find an agent using www.FloodSmart.gov

Flood insurance is rated for the highest risk area that any part of the building touches.   Any mortgage or loan to a building in the Special Flood Hazard Area must have insurance for the flood risk. In Richmond, most of the structures in the Special Flood Hazard Area as identified on the new map do not have flood insurance and would benefit by immediately securing insurance.

The Town of Richmond has reached out to people in the area of change to inform them of their need to get insurance.  Affected residents who wish to obtain grandfathered status and rates should not delay. Flood insurance must be paid, processed and in effect by August 4th in order to achieve grandfathered status.

Planning for Increasing Precipitation and Flooding

A recent article was published in the New York Times on 5/12/14 - "Looks Like Rain Again.  And Again."  In the article, the author cites past studies from 2 decades ago or earlier that predicted the changes in our climate that we are now living through, namely increased precipitation during storm events.  Long term climate data has shown that the Northeastern US has seen a dramatic increase in precipitation amounts falling during storm events.  And when there is an increase in the amount of rain or snow falling during a storm, it usually ends up resulting in a greater frequency of flooding in places that have traditionally acted as floodplains.  Another result may be that people may start to see areas that had very rarely flooded in the past flood on a somewhat regular basis.  Some of these thoughts and ideas can be seen in a New York Times blog post "Three Long Views of Life With Rising Seas" that contains 3 interviews focused on how humans may look to deal with impacts from sea level rise.

This isn't the first time that we have seen evidence of increasing precipitation in the Northeastern US.  If anyone reading this has been to one of our presentations to communities, you may have seen a graphic that was taken from a report that was released from the White House Council on Environmental Quality -"Progress Report of the Interagency Climate Change Adaptation Task Force: Recommended Actions in Support of a National Climate Change Adaptation Strategy (10/2010)".  This report found that there had been a 67% increase in the amount of precipitation that was falling during the heaviest storm events each year.  That means that the biggest storm events that we experience each year is bringing more rain or snow on average.

I think that many Vermont communities have been experiencing this increase in precipitation and flooding first hand.  Some of you may already be aware of the ANR Flood Resilience Sharepoint website.  This website aims to include information that individuals and community officials can use to better prepare for the increased flooding and precipitation that we have been experiencing around the State and in New England.  This Sharepoint site will be replaced this summer by a collaborative website that will be called Flood Ready.  The intent of the Flood Ready website is to expand upon the information that can be found on the ANR Flood Resilience Sharepoint site and present it in a way that can be helpful to a wide range of users.

Have you been noticing changes in your own community?  What steps have you been taking to try to address this issue?

Vermont Bill H.676 Was Signed into Law on 4/17/2014

Ok... So what is bill H.676? Why are we posting information about this change here?  For those of you who are not following the Vermont legislative session as closely as March Madness brackets or the latest episode of Game of Thrones, it is a pretty short but effective bill at helping to clean up inconsistencies in Vermont statute with regards to floodplain protections.  The final bill that was passed by the House and Senate (which can be found here) makes two amendments to existing statute.  At this time, I do not know if it has a final "Act" number.

The first change was to Act 138 from the 2012 Legislative session that established authority for ANR to create a State Floodplain Rule.  This State Floodplain Rule would apply for uses and development exempt from local municipal regulation (aka 24 VSA 4413 statute).  This state rule would really only apply to a few limited categories of uses: State owned and operated facilities, Accepted Agricultural Practices, Accepted Silvicultural Practices, and public utility power-generating and transmission facilities subject to regulation by the Public Service Board.  Act 138 was not clear on whether or not the ANR would have the ability to include the regulation of river corridor areas in addition to FEMA's mapped Special Flood Hazard Areas (SFHAs) in the State Floodplain Rule.  The first part of H.676 helps to clarify that there is authority for regulating development in both the SFHA and the river corridor for these limited categories of projects.  Therefore, it will be an ANR State Floodplain & River Corridor Rule which will include river corridor protections for that limited list of municipally exempt development.

The second change was made to 24 VSA statute 4413 to clarify municipal jurisdiction around limited uses and the National Flood Insurance Program (NFIP).  For most of the traditional uses and development that a community has limited authority to regulate, the community now has the authority to regulate those uses for compliance with both the community's NFIP standards and any river corridor standards.  This development would include:

• Community-owned and operated institutions and facilities;
• Public and private schools and other educational institutions;
• Churches and other places of worship;
• Public and private hospitals;
• Regional solid waste management facilities;
• Construction of hazardous waste management facilities

H. 676 makes it clear that our ANR State Floodplain & River Corridor Rule would not apply to these types of development, but would otherwise be reviewed by the community against its own flood hazard area requirements.

Update on the Homeowners Flood Insurance Affordability Act (HFIAA)

Last week we had provided news about the US Congress passing the Homeowners Flood Insurance Affordability Act (HFIAA) at the end of March.  Since then, FEMA has published an overview of the the bill found on their website and in the FEMA Resource Library.  This overview document can also be found on our Flood Hazard Management webpage.

We have also started to get some information on how HFIAA will impact people in Vermont specifically, as well as the impacts to flood insurance nationally.  Here is a short summary:

• It will take some time to start to implement provisions of the new law:
• In the short term, there may still be individuals that get hit with full actuarial rates due to a new policy on a preFIRM residence (home built before the first Flood Insurance Rate Maps were created).  This new policy could be due to a lapsed flood insurance policy or a new policy being written due to a transfer of the property and/or a requirement by a lender for flood insurance;
• There will also be a lag for people who will be expecting refunds due to the change in their flood insurance premium as a result of the HFIAA.
• If you are a property owner living in Bennington County or in the Town/Village of Richmond here in Vermont:  FEMA will be releasing new preliminary or effective DFIRMs in the coming year.  Richmond's new DFIRMs are scheduled to become effective on 8/2/2014.  Bennington County's new DFIRMs are anticipated to become effective about one year from now (March 2015).  If the new preliminary DFIRMs show your house to be located in the mapped flood hazard area where you had not been shown to be located in the flood hazard area on previous FIRMs, you may be eligible for a grandfathered flood insurance rating.  Anyone who may be eligible for receiving grandfathered flood insurance rates is encouraged to get flood insurance BEFORE the new DFIRMs become effective for your community.  For more information regarding FEMA's grandfathering policy, please see an earlier post that was written for the Washington County map update process.  Please note that the estimated flood insurance premiums discussed may be different due to the effects of either Biggert Waters Flood Insurance Reform Act of 2012 (BW12) or HFIAA.  

UPDATE **For Properties newly mapped into the FEMA Special Flood Hazard Area: your first year would be rated as a Preferred Risk Policy (PRP) rate - i.e. as if you are not located in the flood hazard area.  Policy ratings in subsequent years would be based on the same phase-in method used to eliminate pre-FIRM suubsidies.

• Flood Insurance premiums are going up for everyone.  While the HFIAA is allowing a phase-in of higher rates for primary homeowners, the law is still enabling a push for all policies to eventually reach full actuarial rates.  Property owners should seriously consider mitigating their home or structure(s) to reduce their flood risk and reduce the cost of flood insurance.  Additional information about mitigating your home or structure can be found on the VT Flood Resilience Sharepoint site found under either "Step 5: Insure" or "Step 3: Reduce".  

If you are a local official or someone else that may be helping individuals affected by the changes from the HFIAA, the Association of State Floodplain Managers (ASFPM) will be offering two upcoming webinars in May and June focused on the changes to Biggert Waters 2012 from HFIAA (see dates below).  From the ASFPM announcement, the first webinar in early April filled up and these two follow up webinars are also expected fill up quickly.  

Homeowners Flood Insurance Affordability Act (HFIAA) of 2014 (AKA Grimm-Waters 2014) meets Biggert-Waters 2012: Impacts and Implications

Learn how the Homeowner Flood Insurance Affordability Act modifies and expands on BW-12 implications

1 core CEC for CFMs

$30 for ASFPM Individual Members*

$45 ASFPM Chapters/Agencies/Corporate Partners*

$60 Non-members

*Members must enter the event promo code at registration to receive the preferred rate.  ASFPM members should register through the ASFPM Membership Login page.  

More information about the webinars can found by clicking on the webinar flyer links below:

Friday, May 2nd, 2014; 2:00pm-3:00pm (EDT)

Thursday, June 26th, 2014; 2:00pm-3:00pm (EDT)

US Senate Passes Bill to Delay Implementation of BW12

2/12/14 Update:  Here is a FEMA FAQ about the impacts of this bill on the implementation of BW12

There have been several articles (Washington Post, NYT) published today that provided details on the US Senate's passage of a bill to delay the implementation of Biggert-Waters Flood Insurance Reform Act of 2012, or BW12.  There has been discussion about a possible repeal or delays of the BW12 bill for several months.  However, this discussion seems to have gained more steam as homeowners and other people with structures located within the Special Flood Hazard Area are starting to receive their new flood insurance premiums.  More information from ASFPM about some of the efforts that are being made to consider or include other options in any bill that may be brought to the floor in the US House of Representatives. 

For anyone who is not familiar with the BW12 bill, the insurance reform act had several goals including changes to flood mapping, flood grants and reauthorizing the National Flood Insurance Program (NFIP) for an additional five years.  However, the changes that BW12 is best known for are changes to the flood insurance aspect of the National Flood Insurance Program.  Many of the flood insurance changes were designed to make the flood insurance fund more stable by reducing the fund's current deficit to the US Treasury, as well as beginning to create extra savings to help the fund to be able to withstand large scale disaster declarations like Hurricanes Katrina, Ike and Sandy.  Another aspect of the flood insurance reforms was to phase in actuarial rates for flood insurance policies which resulted in some groups of people losing the subsidy that they may have for their policy or losing any subsidy when a new policy was written.  Past posts by Ned include some information about how BW12 would impact flood insurance policies within the State of Vermont.  FEMA's website also has quite a bit of information that goes into much fuller detail about these flood insurance changes.

Many people have recognized that the original bill had issues in implementation and execution of the stated goals and objectives, specifically that the phase in of higher rates happened at a relatively fast rate, that some home or other building owners may go right from a subsidized rate directly to a full actuarial rate overnight and while many policy holders may not want to pay the higher premiums for many reasons, there was a definite contingent of people who would not have an actual ability to pay for the higher rates. 

Despite the myriad of issues with the implementation of BW12, the reasons for the passage of BW12 still remains - trying to have the National Flood Insurance Program be able to be fiscally solvent and support itself by the premiums that are paid into the program and to keep general taxpayers for funding flood recovery efforts.  A third very compelling reason for BW12 focused on having people in a flood hazard area recognize and pay for the true cost and risk of living in a hazard area, especially as we have been seeing more frequent and intense flood events and sea level rise starting to impact properties that may have been less vulnerable in the past.  The idea was that if a person living or working in a hazard area had to pay the actuarial flood insurance rate for living in this risky zone, then more structure owners would undertake mitigation efforts to help reduce their yearly premiums.

The Association of State Floodplain Managers (ASFPM) released a Policy Paper in October of 2013 that included 9 recommendations of how BW12 could be altered to improve implementation but cautioned against repeal.  This was in order to help keep moving the NFIP towards fiscal solvency as well as continue to focus on the growing demand for mitigating homes and other infrastructure that is located within the FEMA-mapped Special Flood Hazard Area. Many of the 9 ASFPM recommendations that had been made focused on continuing to promote and encourage meaningful mitigation of flood prone homes in a variety of ways.  This included:

• finding more ways to fund mitigation projects and existing hazard mitigation grant programs;
• exploring ways to better incentivize mitigation efforts through tax incentives or long-term flood insurance policy benefits;
• recognizing partial mitigation efforts by homeowners; and
• making loans more available to home and other building owners who may be looking for ways to mitigate their structure from future floods. 

At this time, it looks like it is uncertain how such a BW12 reform/delay bill will fair in the US House of Representatives, but we will surely hear more of this debate in the near future. 

Am I in a Flood Hazard Area?

Special Flood Hazard Areas (SFHAs) are shown on the Flood Insurance Rate Maps (FIRM) as Zone A, AE, AH, AO or A 1- 30.   FIRM maps can be viewed at the municipal office but they can also be found online at the FEMA Map Service Center

Most Vermont communities have FIRMs and some communities have an officially-digital version called the Digital FIRM or DFIRM.  DFIRMs are available in Chittenden, Rutland, Washington, Windham, and Windsor Counties and for several towns (Bradford, Hardwick, Jay, Montgomery, Newbury, Wolcott, and Stowe).

DFIRMs can be viewed at:

FEMA Flood Map Viewer , OR

Vermont Natural Resources Atlas at  tinyurl.com/vt-flood 

and using the Google Earth kmz file available at the FEMA Map Service Center).

Preliminary DFIRM data is now available for Bennington County (5/18/12) and the Town of Richmond (9/11/13).   

Preliminary DFIRM data can be viewed at the municipal office or found online at the Vermont Natural Resources Atlas. 

To view the Preliminary DFIRM data in the Atlas

1.      Use Quick Tools to search for a street address

2.      Find the best result in the list and click on it, the choose Zoom to Feature

3.      Click on Map Layers (shown as a stack of green, red and gray layers at the bottom of the screen).

4.      Click on the "+" sign next to the Watershed Protection  Layers

5.      Click on the empty box next to Special Flood Hazard Areas (Preliminary DFIRM)  Layer

6.      Click on the gray box beside that layer to reveal the Legend

To print or save a map:

1.      Click on the Map Tools icon (wrench and screwdriver) in upper right corner of screen.

2.      Click on Print Map (it will automatically incorporate a legend and scale bar).  You can choose to “print” (save) a pdf or jpg version and then email or print that image.

Non-DFIRM Maps (FIRMs and FHBMs)

Where the community does not have an official DFIRM you can view the current data online and make a FIRMette (a small version of the official data).  FIRM maps do not have an aerial image in the background so you must include features such as intersections from which to measure and plot the location of your building.

To find a FIRM use the Product Catalog.   Then click on Get Current FEMA Issued Flood Maps.

In the list of maps the map ending in INDO (eg 500001IND0 ) is the index or map of map panels.   Once you have your bearings on the map panel you can open the correct panel and Make a FIRMette, and save it as a pdf or tif.

Need Map Help?

FEMA Map Information eXchange (FMIX)

FEMA Map Specialist 1-877-FEMA-MAP,   FEMAMapSpecialist@riskmapcds.com

Structures in the Special Flood Hazard Area (Zone A, AE, A1-30, AO, AH) have more than a 1 in 4 chance of being exposed to a flood during a 30 year mortgage.  

FEMA's Floodsmart website has information about flood insurance and a tool to estimate flood damage for a structure built on a slab.

FEMA Flood Hazard Map Updates

Currently in Vermont a flood map update process is underway in Bennington County and the Town of Richmond.   Beyond those areas there is no other work scheduled by FEMA.

At this time roughly half the state does not have access to Digital Flood Insurance Rate Maps (DFIRMs) this includes most of Addison, Grand Isle, Franklin, Lamoille, Orleans, Essex, Caledonia and Orange Counties.  Most of these maps are over 30 years old.

Years since Publication of Flood Maps

FEMA began a modernization process for the flood hazard maps in 2004 with the primary intention of making an official computer version available for users.  It was projected at that time that the process would be complete nationally by 2009.  Since that time pressure for updated studies (not just digitized), and the requirements, for those studies have increased the quality of the new maps at the expense of the quantity.

Since FFY11 the federal budget for map updates has been cut by 60% and priority for the dwindling investment has been directed to mapping flood hazards for coastal communities and communities behind levees.

Federal Budget Allocated to Update Flood Maps

When funding does become available for mapping in Vermont it will be through the process and standards of RiskMAP.   Through RiskMAP new flood hazard maps need to have high quality topography (i.e. the equivalent of two foot contour intervals) and a model-based delineation of flood hazards.  The map work will focus on watersheds (HUC-8).

HUC-8 Watersheds in Vermont

At this time multiple agencies have worked through USGS in Vermont to secure high quality topography from LiDAR for several watersheds that need updated flood hazard maps.  These areas include: the Missisquoi, Upper Connecticut River, and lower Otter Creek Watersheds.  LiDAR is also being acquired for much of the Lake Champlain Shoreline.

In March of this year the Association of State Floodplain Managers released a paper Flood Mapping for the Nation: A Cost Analysis for the Nation’s Flood Map Inventory  detailing funding needs to complete and maintain flood maps nationally.

VT DEC continues to express the acute need for map updates in Vermont.  Hopefully, as national coastal projects are finalized, FEMA can initiate work on inland riverine and lakeside flood maps.  Inadequate funding from Congress will prolong the absence of accessible and current data.  Data that is needed to plan for plan for community flood resilience, mitigate structures, and to correctly identify flood risk for insurance needs.

Interview about Post-Flood Recovery with President Clinton & Gov. Chris Christy - Clinton Global Initiative

A few days ago, I had been sent a link to a video from the Clinton Global Initiative of President Clinton's interview with NJ Governor Chris Christie about post-Sandy flood recovery.  Although this discussion is focused on the recovery of New Jersey after Hurricane Sandy, President Clinton and Governor Christie use it as a way to more broadly discuss the topics of flooding, community planning, mitigation, recovery and the structure of flood insurance in the United States.

You may or may not agree with all approaches or ideas that are presented here (should we be spending billions of dollars on sand dune "re-nourishment" projects that will only last for a short number of years?), but I thought the discussion may help to spark some ideas or questions of your own.  It seems like it is quite a rare interview that has two influential high level policy makers (current and former) in an in-depth and frank discussion about mitigation and recovery.

Some of the highlights of their discussion includes:

• Purchase of flood damaged homes and approach taken by the State of NJ;
• How the National Flood Insurance Program (NFIP) can be re-organized or should flood insurance in the US be completely re-thought;
• Some discussion on the role of the state in the recovery effort;
• Why does Nebraska care about flooding in NJ?; and
• Should another Federal agency be tasked with the role of flood policy, preparedness, planning and mitigation and let FEMA return to an emergency management agency?

You can link to the full 45 minute interview on C-Span's video library here. 

August STARR Webinars for DFIRMs, Elevation Certificates, Biggert-Waters, and Determining a BFE

Hello all,

I’d like to present the upcoming free, online trainings available through STARR. These trainings cover a variety of topics, from the NFIP basics through specifics of elevation certificates, and are presented by STARR staff, FEMA, and State organizations. Many of the courses are eligible for CEC credits for Certified Floodplain Managers.

Please feel free to register for any courses you are interested in attending, and invite or pass information on these courses on to potentially interested communities or organizations in your states. Also, if you are interested in using this online platform for any trainings that your state would like to present, STARR can support you in that effort. Please let me know if you’d like additional information on hosting online trainings.

To register for a course or to check on upcoming courses, navigate to http://j.mp/starrwebtraining  and click the “Upcoming” tab. 

Below are the courses available in August:

August 14, 12:00 pm Eastern – Using DFIRMs and Other Digital Flood Data

This one-hour beginner level session will provide a basic overview of digital flood insurance rate maps (DFIRMs) including how to use the DFIRM database in ArcGIS, using flood hazard data for mitigation and public outreach, and online resources for non-GIS users. The target audience are state and local officials that use DFIRMs for day to day floodplain management duties and/or beginner level GIS staff that support those functions. 1 CEC for ASFPM CFMs

August 15, 1:00 pm Eastern – Elevation Certificates for A Zones

Training on the proper way to complete FEMA Form 81-31 and best practices for using the Elevation Certificate in the floodplain development review process. Special consideration to using the form in A Zone without a BFE. 2 CECs for ASFPM Certified Floodplain Managers (CFMs) that register and attend individually and pass the learning objectives quiz at the end of the session.

August 21, 2:00 pm Eastern – Biggert-Waters NFIP Reform Act of 2012

The Biggert-Waters National Flood Insurance Program Reform Act of 2012 (BW-12) resulted in major changes to the NFIP. This session will provide an overview of the changes and implementation. This is an important informational opportunity for all local officials participating in the NFIP. Continuing Education and Professional Development Credits are available.

August 22, 1:00 pm Eastern – Elevation Certificates

Training on the proper way to complete FEMA Form 81-31 and best practices for using the Elevation Certificate in the floodplain development review process. 2 CECs for ASFPM Certified Floodplain Managers (CFMs) that register and attend individually and pass the learning objectives quiz at the end of the session.

August 28, 2:00 pm Eastern – Determining a Base Flood Elevation

Training on methods for determining base flood elevation in AE and A Zones using the FIRM/FIS and other resources, including tips for developing BFEs for A Zones. 1 CEC for CFMs.

Please contact Alex Sirotek from STARR if you have any questions.

Alex Sirotek, CFM 

STARR 

FEMA Region 1 Regional Service Center 

99 High Street, 3rd Floor 

Boston, MA 02110 

617-574-4402

Help with Community Substantial Damage Determinations After Flooding

As everyone living in the Northeast US already knows, it has been quite a rainy 2 months.  Although the Old Farmer's Almanac had predicted a hot and dry summer for most of the Vermont region, the rainfall that we have been seeing since the middle of May has been breaking many records in the Burlington area.  It seems like there have been very few days where there hasn't been hot and humid temperatures with at least some thunderstorm or rain.  In the past few days, however, many of the damages resulting from the frequent thunderstorms and rainfall does not appear to be limited to just road and culvert washouts and some wet basements.  There have been several reports of communities where homes are starting to become inundated because rivers are running consistently high and the floodplain is the only place left for water to flow. 

If you are a community employee or volunteer, your community participates in FEMA's National Flood Insurance Program and some of the homes that are located in the FEMA mapped floodplain (called the Special Flood Hazard Area, or SFHA) have flooded in the past two months, we want to make you aware of Substantial Damage determinations.  Part of the flood hazard area regulations that your community has adopted includes language about Substantial Improvements in the development standards.  What many people are not as aware of is that the language around Substantial Improvements also includes the term Substantial Damage. It is the community's responsibility to make a determination about whether a building has been Substantially Damaged and there are a few different ways to go about this process.

Many zoning or flood administrators became familiar with this term after Irene if there were damages to homes and other structures in the community.  However, for those of you not familiar with Substantial Damage, it means "damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged conditions would equal or exceed 50 percent of the market value of the structure before the damage occurred." (emphasis added).  The key things to notice is that the damage can occur from any origin, which can include fire, wind, waves, etc., and that the damage is compared to the pre-damaged value & condition, not compared to the condition that the owner will restore the building to after making repairs.  Once a person who's structure is located in a SFHA has been damaged, any permanent repairs need to be done in compliance with your municipal flood hazard bylaws.  A person whose building has been substantially damaged will most likely need follow the guidelines for substantial improvement when rebuilding their home, business or other structure. 

VTDEC has a website that was put up in the aftermath of the Lake Champlain flooding and Tropical Storm Irene in 2011 that provides additional information about Substantial Damage determinations and flood recovery.  This site contains links to a few documents that may be helpful while you and your community are trying to figure out what work will need to get done after the flood waters recede.  As always, your regional floodplain manager is available to assist you with substantial damage issues, reviewing repairs and applications, etc.  To find out who your regional floodplain is, you can view our Floodplain Manager Regions map here.  Others that may be helpful to you would be a Certified Floodplain Managers (CFM) in your area or another Zoning Administrator that may have had to deal with many damaged buildings in the aftermath of the 2011 Lake Champlain Flooding or Tropical Storm Irene.