Friday, June 28, 2013

UPDATED Development Review Checklist



As we keep our fingers crossed that all of this rain does not result in anything more than some minor flooding, we wanted to make an announcement that we have updated its Development Review Submission Checklist.  The Development Review Submission Checklist is intended to provide a more detailed list of the documentation required when submitting a permit application for review by ANR under 24 VSA §4424.  

When local Flood Hazard Administrators (typically the local Zoning Administrator) are reviewing projects located in a flood hazard area, our office plays a role in the review and permitting of these projects.  As a mandatory provision of municipal bylaws, permits may not be granted until an application for new development and substantial improvement on property located within a flood or other hazard area has been forwarded to ANR and a 30 day review period has lapsed.  

The updated form, available online at www.watershedmanagement.vt.gov/rivers/docs/nfip/rv_4424_checklist.pdf, provides a checklist for municipalities to complete and confirm the necessary paperwork has been submitted for a timely review by ANR.  Because of the volume of applications and projects that we are involved in, we will be returning incomplete applications .  Therefore, it is important that all the required documentation be included and submitted to the correct regional floodplain manager (www.watershedmanagement.vt.gov/rivers/docs/rv_floodplain_regions.pdf).  

We hope that the updated Checklist will be helpful to you if you have to submit an application to our office for review.  

Wednesday, June 19, 2013

Flood Insurance Premiums Rising for Older Homes

A number of changes are underway with the National Flood Insurance Program in response to the Biggert-Waters NFIP Reform of 2012.  These changes include steps to make the program financially solvent - in particular by eliminating or phasing out existing subsidies in the program.

New flood insurance policies are now required to pay actuarial rates.   This situation includes older homes and structures in flood hazard areas that have long benefited from a subsidized flood insurance rate.

Older structures (built before the first Flood Insurance Rate Maps typically in the late 1970s) are called "Pre-FIRM" (Pre-Flood Insurance Rate Map) structures.   A new flood insurance policy for a Pre-FIRM structure is now required to pay actuarial rate for the class of "Pre-FIRM" structures.  The specific premium still reflects the value of the structure and the deductible.

New policies or policies renewed after October 1, 2013 will need an Elevation Certificate (EC).  An Elevation Certificate describes the location of the building in relation to the elevation of the flood water (Base Flood Elevation).  An EC has been required for new Post-FIRM structures - but this is the first time that it will be needed for older Pre-FIRM structures.  With an Elevation Certificate, Pre-FIRM structures will get rated based on their specific actual risk situation - notably the elevation of the lowest floor (including the basement).

Please see the Summary on Biggert-Waters.  The summary includes links to additional FEMA information and other resources.

If you have a current flood insurance policy on a residential Pre-FIRM structure - the rates will rise to actuarial cost at 20% / year.

Please contact your homeowners insurance agent to discuss flood insurance costs and how you may be able to reduce your costs by making your structure safer and less risky.  This is particularly important as it will affect the situation at a future time of sale.

Vermont communities may want to consider steps to help property owners get Elevation Certificates - such as encouraging neighbors to hire a surveyor together, and/or to establish more local elevation benchmarks.

Communities may also want to pursue the FEMA Community Rating System (CRS) to provide access to discounts on flood insurance rates.


Tuesday, May 28, 2013

Planning for Flood Resilience - Act 16

On May 6, 2013, Governor Peter Shumlin signed Act 16, an act relating to municipal and regional planning and flood resilience.

A description of Act 16 is posted at the Vermont River Corridor and Floodplain page.

The act requires a flood resilience plan or element for municipal or regional plans effective after July 1, 2014.

§ 4382. THE PLAN FOR A MUNICIPALITY now includes:

(a) A plan for a municipality may be consistent with the goals established in section 4302 of this title and
compatible with approved plans of other municipalities in the region and with the regional plan and shall
include the following:
* * *
(12)
(A) A flood resilience plan that:
(i) identifies flood hazard and fluvial erosion hazard areas, based on river corridor maps provided by the
Secretary of Natural Resources pursuant to 10 V.S.A. § 1428(a) or maps recommended by the Secretary,
and designates those areas to be protected, including floodplains, river corridors, land adjacent to streams,
wetlands, and upland forests, to reduce the risk of flood damage to infrastructure and improved property;
and
(ii) recommends policies and strategies to protect the areas identified and designated under subdivision
(12)(A)(i) of this subsection and to mitigate risks to public safety, critical infrastructure, historic
structures, and municipal investments.
(B) A flood resilience plan may reference an existing local hazard mitigation plan approved under 44
C.F.R. § 201.6.

§ 4348a. ELEMENTS OF A REGIONAL PLAN is modified in a similar way.

The Goals for the Flood Resilience Element are established in § 4302.

§4302. PURPOSE; GOALS
(14) To encourage flood resilient communities.
(A) New development in identified flood hazard, fluvial erosion, and river corridor protection areas
should be avoided. If new development is to be built in such areas, it should not exacerbate flooding and
fluvial erosion.
(B) The protection and restoration of floodplains and upland forested areas that attenuate and moderate
flooding and fluvial erosion should be encouraged.
(C) Flood emergency preparedness and response planning should be encouraged.


Act 16 also addresses Accessory Dwelling Units

In statute Accessory Dwelling Units can now be fully regulated by municipalities consistent with other
development in flood hazard and erosion hazard areas. This enables communities to avoid new
development in hazard areas and to require flood‐proofing and safety standards for proposed
improvements as required for communities participating in the National Flood Insurance Program. Act
16 amends the language providing for both bylaws and for ordinances.


Next Steps

The flood resilience plan component will be important to keep in mind as current work nears adoption or as funding is sought or contracted for upcoming plan updates.

The Vermont Agency of Natural Resources is developing a Flood Resilient Communities Program and website to help municipalities access best available data and resources for flood resilience.





Monday, April 1, 2013

5th Round for the Hazard Mitigation Grant Program (HMGP): Applications Due to DEMHS by July 12th, 2013



Here is an annoucement from the Vermont Division of Emergency Management and Homeland Security (DEMHS).   Grant money is available through FEMA's Hazard Mitigation Grant Program (HMGP) to all Vermont communities for hazard mitigation projects.

All inquiries, questions or concerns regarding the HMGP grants should be sent to Ray Doherty, the VT State Hazard Mitigation Officer  by email at ray.doherty@state.vt.us or by phone at (802) 241-5258 (office).



Hazard Mitigation Grant Program (HMGP) 5th Round

The State of Vermont has received an extension from FEMA for the Hazard Mitigation Grant Program (HMGP) in connection with Tropical Storm Irene.  

The Vermont Division of Emergency Management and Homeland Security (DEMHS) is now accepting HMGP applications from towns and agencies in all Vermont counties in connection with the most recent disasters. The HMGP program is funded through the Federal Emergency Management Agency (FEMA) and is administered by the VT Division of Emergency Management & Homeland Security.   Federal funds are available to cover up to 75% of project costs.  Applicants are responsible for the 25% local match requirement. 
   
We encourage you to identify potential hazard mitigation sites in your communities and apply for funds under the HMGP grant program.  Typical hazard mitigation projects would include: repair and mitigation of local roads and bridges, home or property acquisition (buy-out), structural elevations or relocations, replacement of undersized culverts, remediation of stream bank erosion, flood proofing of municipal buildings, etc.   This is an opportunity for repetitive loss structures, businesses, and other buildings located in the 100-year flood plain to consider elevation, relocation or acquisition.  Project proposals need not be directly connected to flooding from the most recent declared disasters.  Towns may also apply for a grant to develop a local hazard mitigation plan or mitigation initiative projects. 

You may download the HMGP application from our agency’s website at www.vem.vermont.gov or you may contact the State Hazard Mitigation Officer for an application.   On DEMHS’ website, first go to the Mitigation Tab, and then click on HMGP Application and Forms.

Please note the following FEMA eligibility requirements:

1)  Communities must have a FEMA approved and adopted local mitigation plan no later than the date that funds are awarded.  Those towns lacking an approved plan should contact their local Regional Planning Commission for assistance.

2)  Communities must be participating in the National Flood Insurance Program (NFIP), if a special flood hazard area (SFHA) has been identified in the community.   Please contact the Agency of Natural Resources state floodplain coordinator, Rob Evans, for additional information on applying for NFIP membership:  tel (802) 490-6152 or via email at rob.evans@state.vt.us

The application must be completed in full, including maps, list of alternative proposals, engineering plans, hydrology studies (if needed) and a full benefit-cost analysis (BCA) in the FEMA approved format.  If you need help in completing the BCA, you may contact your local Regional Planning Commission.  Some BCA assistance may be available from DEMHS mitigation staff if you make a prior appointment. 

Deadline for 5th Round HMGP applications:   Friday, July 12, 2013.  

If you wish to apply for an HMGP grant, please submit a Letter of Intent (LOI) to DEMHS by June 7.   The LOI should include a brief description of your proposal and the total estimated cost of your project.  Please indicate if you’ll need assistance in completing the application or benefit cost analysis. 

   Please submit LOIs and completed applications to:

            Ray Doherty, State Hazard Mitigation Officer
            VT Division of Emergency Management & Homeland Security
            103 South Main Street
            Waterbury, VT  05671
Tel (802) 241-5258 (office)
            Email:  ray.doherty@state.vt.us

Applications should be submitted in hard copy (paper application) and in electronic format such as a PDF file.  Applications will not be accepted if submitted past the deadline. 
Please note that HMGP funds are awarded on a competitive basis and all applications are subject to review and selection by the State Mitigation Project Committee and FEMA.  

Free Online Trainings Offered in April



We recently received an announcement that 5 online trainings will be offered throughout the month of April.  These trainings will be hosted by STARR, one of the FEMA contractors that has been working on FEMA Flood Insurance Rate Map (FIRM) updates throughout New England and the rest of the United States.

The trainings that will be offered cover several different topics that may be relevant and helpful to anyone who has some involvement with or interest in floodplain management.  Many of the courses are eligible for CEC credits for Certified Floodplain Managers.

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 available courses offered in April. We understand that there will be monthly updates on upcoming courses. Courses like the MT1 training and NFIP basics are repeated frequently.



April 11, 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.

April 17, 1:00 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, presented by FEMA Region X, will provide an overview of the changes and what is being done to implement the legislation. Continuing Education and Professional Development Credits are available.

April 18, 1:00 pm Eastern – NFIP Basics
This one-hour session will cover the history of the National Flood Insurance Program (NFIP), basic terminology, governing authority, and provide an overview of the community’s role in floodplain management through the National Flood Insurance Program (NFIP). The target audience are state and local officials who need a general understanding of the ins and outs of the program and guidance on where to go for more training and answers. Continuing Education and Professional Development Credits are available.

April 24, 1:00 pm Eastern – Preparing Data for Hazus
This session is targeted to those interested in how to update Hazus with local data from parcel/assessors information. We will describe the data required to update the Hazus general building stock data. The session will feature tutorials on how to update data using the Comprehensive Data Management System. We will also cover what is required for a user-defined analysis for the Earthquake and Flood modules. Continuing Education and Professional Development Credits are available.

April 25, 1:00 pm Eastern – MT-1 Basics
This webinar is designed to give a broad overview of the MT-1 review process and review procedures that will help applicants submit a completed MT-1 application to facilitate processing by FEMA. Attendees will learn what is required to submit a complete application, including how to fill out the forms and use FEMA’s new online LOMC submittal tool. In addition, the course will outline the differences between LOMAs, eLOMAs, LOMR-Fs, and conditional LOMCs. Participants will learn how to submit more complete LOMC requests that can be processed more quickly and with fewer additional data requests. The community’s role with regards to the MT-1 process will also be discussed. This course is designed for State and Local officials, engineers, surveyors, and anyone interested in learning more about the MT-1 process. Continuing Education and Professional Development Credits are available.
 




If you have questions about the webinars or course information, please contact the New England region STARR contact, Alex Sirotek:

Alex Sirotek, CFM
STARR
FEMA Region 1 Regional Service Center
99 High Street, 3rd Floor
Boston, MA 02110
617-574-4402,
SirotekAR@cdmsmith.com