ASFPM Riverine Erosion Hazard 2016 White Paper

Over the past 15 months, Mike Kline and Rebecca Pfeiffer from our Vermont Rivers Program have been working on a riverine erosion paper with other practitioners from across the country.  The paper was recently presented to the executive committee of the Association of State Floodplain Managers (ASFPM) as a Discussion Paper.  The Executive Committee thought it was so well done and connected with the paper's recommendations that they decided to adopt it as ASFPM Policy in the form of a White Paper.  You can read more about the paper here, or link directly to it from here:

http://www.floods.org/ace-images/ASFPMRiverineErosionWhitePaperFeb2016.pdf

VPR Story about VT's River Corridor Program

Happy New Year everyone!  On the first day of 2016, Vermont Public Radio (VPR) aired a story about the Vermont Rivers Program and our partners work to protect river corridors in Stowe and throughout Vermont. Kathleen Masterson reported this piece, and interviewed our VT Rivers Program manager, Mike Kline, along with Tom Jackman, Planning Director for the Town of Stowe, Heather Furman, the Vermont state director for the Nature Conservancy and Caitrin Maloney of the Stowe Land Trust.  If you have an extra 5 minutes to spare, it's worth the listen.  You can find the story here on VPR's website

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.

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.