MT 1, MT 2, Elevation Certificates & the Role of Surveyors

Transcription

1 MT 1, MT 2, Elevation Certificates & the Role of Surveyors Rocky Mountain Surveyors Summit March 3, 2016 Floods are acts of God, but flood losses are largely acts of man. - Dr. Gilbert White the father of floodplain management 2 another way to say it. Building in a floodplain is like pitching your tent on a highway when there are no cars coming. Dr. Vicki Miller, University of Montana 3 1

2 National Flood Insurance Program 4 Definitions & Acronyms FIRM - Flood Insurance Rate Map: The official map in which FEMA has delineated flood hazard areas applicable to the community. FIS Flood Insurance Study: The report that supports the FIRM. SFHA - Special Flood Hazard Area: The land within a community subject to a one-percent or greater chance of flooding in any given year. BFE - Base Flood Elevation: The water surface elevation of the flood having a one percent chance of being equaled or exceeded in any given year. LOMC - Letter of Map Change: An amendment or revision through the MT-1 or MT-2 process. LOMA LOMR-F LOMR CLOMR Conditional Letter of Map Revision: FEMA s comment on a proposed project. Does NOT revise the effective FIRM. 5 Definitions continued Basement: Any area of a building having its floor subgrade (below ground level) on all sides. Enclosure: Enclosed/walled areas below an elevated building used only for building access, vehicle parking, and/or storage that automatically equalizes hydrostatic pressure. Lowest Floor: The lowest floor of lowest enclosed area (including basement and crawl space). See Building Diagrams in the Elevation Certificate 6 2

3 Fill Fill: Defined as any material that is brought in, used or grading that as a result has elevated that existing conditions above the elevation of what it use to be. The common construction practice of removing unsuitable existing material (topsoil) and backfilling with select structural material is not considered the placement of fill if the practice does not alter the existing (natural grade) elevation. Fill that is placed before the date of the first NFIP map showing the area in a SFHA is considered natural grade. Check with the Community Status Book to determine when the community entered the NFIP. 7 Floodway Means the Channel of the Watercourse and the adjacent overbank land areas that must be reserved in order to discharge the Base Flood Elevation without cumulatively increasing the water surface elevations more than a designated amount. Sometimes referred to as the Regulatory Floodway. No development unless demonstrated through a hydrologic and hydraulic analysis that it causes a 0.00 rise. CLOMR You may be asked to survey pre & post project fill! 8 Floodway Schematic 100-YEAR FLOODPLAIN FLOODWAY FRINGE FLOODWAY SURCHARGE FLOODWAY + FLOODWAY FRINGES = FLOODPLAIN SURCHARGE NOT TO EXCEED 1.0 FOOT 0.5 on Colorado 9 3

4 Flood Zone Designations 10 Flood Zone Designations 11 Flood Zone Designations 12 4

5 Flood Insurance Flood is not typically covered under standard homeowners policy. May be required by the property owner s lender if there is a federal backed loan. Rates usually equal the risk. Write Your Own (WYO) 25% of historic claims are outside the SFHA Do you have a policy? 13 Pre or Post FIRM 14 Floodplain Management FEMA does not regulate floodplains, this is a local responsibility! 44 CFR 60.3 New and Substantial Improvements must be built floodsafe Higher Standards Colorado Rules and Regulations for Floodplains Permit is required for all development in the SFHA 15 5

6 Development Any man made change to improved or unimproved real estate, including but not limited to buildings or other structres, mining, filling, grading, paving, excavation, drilling operations or storage of equipment or materials. 16 Flood Hazard Boundary Map: FHBM 17 Flood Insurance Rate Map: FIRM 18 6

7 Flood Insurance Study: FIS A Flood Insurance Study is a book that contains information regarding flooding in a community and is developed in conjunction with the FIRM and FHBM The FIS contains flood profiles, floodway data tables, summaries of elevations as well as a narrative of the flood history of a community and discusses the engineering methods used to develop the FIRMS 19 Floodway Data Table Presents the results of the floodway analysis at the cross sections shown on the FIRM or FHBM 20 Flood Profile 21 7

8 Determining a BFE When determining a BFE for a property or structure, the FIRM and Profile should be utilized. 22 Determining a BFE 23 Determining a BFE in a Zone A FEMA 265 Simplified Methods Contour Interpolation Data Extrapolation Detailed Methods Quick

9 Contour Interpolation 25 Contour Interpolation 26 Contour Interpolation 27 9

10 Data Extrapolation 28 Data Extrapolation 29 Data Extrapolation 30 10

11 Map Service Center: Current Effective FIRM & FIS Preliminary Information Historic Information LOMCs GIS Databases FREE DOWNLOADS!! 31 Map Service Center Search by address 32 Map Service Center or search by product 33 11

12 Arvada Center 34 Arvada Center 35 Creating a FIRMette Don t forget to select page size!!! Select Scale and Title Block Move highlighted box to select area to include in FIRMette Choose format PDF or TIF 36 12

13 Finished FIRMette 37 FIRMette tutorial 38 Possible base map issues 39 13

14 National Flood Hazard Layer Interactive Community must have digital data Google Earth FEMA s Geoplatform 40 Geoplatform 41 Geoplatform Arvada Center 42 14

15 Geoplatform Arvada Center 43 Geoplatform Denver 44 Geoplatform Denver 45 15

16 Geoplatform Denver 46 Letters of Map Change: LOMC The boundaries for the SFHAs on the NFIP maps are prepared using the best topographic data available. Due to limitations of scale or topographic definition of the source map used to prepare a community s NFIP map, a property may be shown within the SFHA, but be on ground that is actually above the BFE for the site. As a result, the LOMC process was developed to amend or revise the published community maps by letter. FEMA has established several types of map changes. Changes that revise BFEs or published floodway information are Letters of Map Revision (LOMRs) and Physical Map Revisions (PMRs). Changes that do not revise BFEs include Letters of Map Amendments (LOMAs) and Letters of Map Revision Based on Fill (LOMR-Fs). In addition, FEMA provides comments on proposed projects, these conditional LOMCs do not amend or revise the effective NFIP maps. 47 LOMC Types Amendments: Structures or legally defined parcels Does not involve H&H analysis (Unless Zone A) Requires submittal of MT-1 Forms Does not involve changes in BFE Can not be used for properties in an Alluvial Fan Revisions: More complex map changes Not usually lot or structure specific Typically involves H&H analysis Requires submittal of MT-2 Forms MT-1 LOMA LOMR-F Conditional LOMR-FW (Floodway) MT-2 PMR LOMR Conditional 48 16

17 Amendments (MT 1) Letter of Map Amendment (LOMA) Request for exclusion of individual structure(s) and or legally defined parcel(s) of land that were inadvertently included in the SFHA Process outlined in Part 70 of NFIP Regulations Letter of Map Revision Based on Fill (LOMR-F) Request for exclusion of individual structure(s) and or legally defined parcel(s) of land that were elevated by earthen fill 49 Amendments (MT 1) Conditional Letter of Map Amendment (CLOMA) A letter from FEMA stating that a proposed structure that is not to be elevated by fill (natural grade) would not be inundated by the base flood if built as proposed. Process outlined in Part 70 of NFIP Regulations Conditional Letter of Map Revision Based on Fill (CLOMR-F) A letter from FEMA stating that a parcel of land or proposed structure that will be elevated by fill would not be inundated by the base flood if fill is placed on the parcel as proposed or the structure is built as proposed. Process outlined in Part 65 of NFIP Regulations 50 Conditional LOMA or LOMR F CLOMA or CLOMR-F: Does not amend the NFIP map NOT a building permit! Simply a comment document stating whether a structure/parcel of land will be safe from flooding if built as proposed Mostly the same data requirements as LOMA or LOMR-F request, but with proposed data CLOMR-F must show compliance with the Endangered Species Act 51 17

18 Would this Structure likely be removed from the SFHA? Why? 52 Letter of of Map Map Amendment: LOMA LOMA 53 LOMA Data Requirements Completed MT-1 Property Information Form 1 (or MT-EZ) Copy of the NFIP Map indicating the subject property location FEMA Map Service Center view effective FIRM and create FIRMette Copy of recorded Deed or Plat map Copy of tax map showing property location Completed MT-1 Elevation Form or Elevation Certificate Metes & bounds description and map, if request is for portion of property BFE, and supporting data, if in unnumbered Zone A FEMA will determine if no BFE is provided but will be conservative

19 Legal Description of Deed Recorded Deed Can be based on recorded deed or recorded plat Must be from the County, not from a title company 55 Legal Description of Deed Legal Description from Deed Lot 16, Block 3 Kingsborough Subdivision Filing No. 6, as described in the Warranty Deed recorded as Reception No , in the Office of the Register of Clerk and Recorder, Arapahoe County, Colorado 56 Legal Description of a Plat 57 19

20 Requirements for Metes and Bounds Description of portion of property above 1% annual chance flood elevation and accompanying map (one must be certified by a professional surveyor or engineer) Certified elevation for lowest point within metes and bounds The metes and bounds description must match that of the map Descriptions are incorporated into legal description with phrase: the portion is more particularly described by the following metes and bounds The MT-EZ and the MT-1 instructions contain examples of the standard metes and bounds description 58 Metes and Bounds Metes and bounds map or description must be certified 59 Common Problems of Metes and Bounds Map and written description do not match Topographic map submitted shows portion of metes and bounds below BFE Metes and bounds are not certified No tie-in to Point of Beginning Starting and ending points do not come together May cause issues with lenders for insurance purposes Point of Commencing not displayed on the map Point of Commencing not a definable point 60 20

21 Metes and Bounds Determination 61 Tax Assessor s Map 62 Survey and/or Site Plan Required for most requests where property is located in floodway Must be certified Must include scale, North arrow, and vertical datum May be required for a submittal for an Out-As-Shown submittal 63 21

22 What about basements and crawlspaces? Any area of the building having its floor subgrade (below ground level) on all sides is considered a basement, unless it meets the definition of a crawlspace. The construction of a residential building in an identified SFHA with the lowest floor below the BFE is a violation of the floodplain management requirements set forth in CFR 60.3(c)(2) Basements below the BFE are only allowed in communities that have obtained a basement exception from FEMA. Floodproofed non-residential basements are allowed. 64 What about basements and crawlspaces? Technical Bulletin Building Diagram 9 and TB Per Technical Bulletin 11-01, some distinguishing features are: The interior grade of the crawlspace cannot be more than 2 feet below the LAG Shown as item D in the diagram on the left The difference between the crawlspace elevation and that of bottom of floor joist cannot exceed 4 feet Shown as item L on above diagram This limitation will prevent crawlspaces from being converted into habitable spaces The height limitation was determined using engineering analyses and building code requirements for flood hazard areas (page 7 of Technical Bulletin 11-01) Further restrictions apply and should be referenced to Technical Bulletin This pertains more to community compliance and documentation 66 22

23 Letter of Map Revision based on Fill: LOMR-F BFE 67 Letter of Map Revision Based on Fill Revision to the SFHA with no change to the BFE In areas with special flood hazard, it may be feasible to elevate areas with fill above the BFE 68 Criteria for a LOMR F If structure is involved: LAG and lowest floor 1 percent annual chance flood elevation Community must sign the Community Acknowledgement Form Fill must be engineered Compaction Erosion protection 69 23

24 LOMR F Data Requirements In addition to LOMA Data requirements, need: Completed MT-1 Form 4 (Community Acknowledgement Form) Appropriate Fee If applying for a CLOMR-F, need ESA documentation 70 MT 1 Review by FEMA FEMA is required to notify the applicant in writing within 60 days form the date of receipt of all data Requesters may check on status of all Letter of Map Change requests by contacting the FEMA Map Information exchange toll-free at 877-FEMA MAP ( ). 71 Determination Document Once you get a determination, make sure to read the entire document

25 Conditional Letter of Map Amendment: CLOMA Extremely Rare.. Probably better to submit traditional LOMA. 73 Conditional Letter of Map Revision based on Fill: CLOMR F FEMA s comment on a proposed project Does not change the map nor remove the requirement for flood insurance Must be followed up with a LOMR-F Compliance with the Endangered Species Act (ESA) 74 ESA Compliance ESA compliance must be documented to FEMA prior to the issuance of all CLOMR-Fs (required for all requests received on or after October 1, 2010). FEMA must receive confirmation of ESA compliance from the U.S. Fish & Wildlife Service (USFWS) or National Marine Fisheries Service (NMFS), collectively referred to as the Services. Once the required ESA documentation is received, the data will be sent to the FEMA Area E PAM for concurrence. Once concurrence is received from FEMA, processing of the case can resume. Acceptable documents demonstrating ESA compliance include the following: Incidental Take Permit Incidental Take Statement Not likely to adversely affect determination from the Services, or Documentation that the project has No Effect on listed species or critical habitat 75 25

26 Additional Data In certain instances, additional data that are not referenced on the MT 1 or MT EZ forms may be required Grading plans, building permits, cross sections, etc. 76 A special note about alluvial fans An alluvial fan is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition, and unpredictable flowpaths 77 Alluvial fan on a FIRM 78 26

27 Alluvial Fans and LOMCs FEMA issues LOMC upon determining properties/structures should not be included within a SFHA The procedures that result in the issuance of LOMCs are provided in Parts 65 and 70 of the NFIP regulations In areas subject to alluvial fan flooding, the provisions of these parts do not apply See Paragraph 65.13B of the NFIP regulations Letters of Map Amendments can not be issued for any property, structure or portion of property that are located within an Alluvial Fan 79 Online LOMC Can be used to request Amendments or Revisions. Online LOMC replaces the use of the MT 1, MT EZ or MT 2 paper forms. Although it speeds the time to submit an application, it does shorten the actual processing time. Unlike the eloma, anyone can utilize the online LOMC when submitting an application. 80 Why use the Online LOMC process? Submit, pay and upload all data through one online platform. Save information online and finish applying at your convenience. Manage multiple LOMC requests with one login. Check their application status in real time. Efficiently communicate with LOMC processing staff

28 eloma Determination Tool eloma is a MIP application designed to provide licensed land surveyors and professional engineers (Licensed Professionals or LPs) with a web-based system to submit and print simple LOMA requests 82 eloma Determination Tool The eloma tool is designed to allow users to receive a determination from FEMA in minutes, and the user can print a copy almost instantly 83 eloma Determination eloma will make a comparison of the submitted BFE with the submitted Lowest Adjacent Grade (LAG) or Low Lot Elevation (LLE) eloma will ensure that all required information has been entered Natural Ground 84 28

29 eloma Limitations Limitations Requests for existing single residential Structures or Legally Recorded Parcels of Land not involving the placement of fill Detail Studied Areas (AE, A1-A30, AH) No Approximate A Zones, V, AO, or D zones No Floodways No multi-lot requests or portions of properties Audit Procedures and Automatic Checks to Ensure Accuracy 85 Getting access to eloma Surveyor or Engineer must set up an account through Mapping Information Platform (MIP) using individual certification information to become an eloma LP The LP logs into the MIP to access eloma and has the option to: Create New Application Resume Previously Saved Application 86 eloma Data Requirements User Will Enter All Applicable data: Requestor Information Community Information (CID Number, etc ) Map Panel Information Latitude and Longitude Coordinates Elevation Information (LAG or LLE) Legal Property Description BFE (calculated using FIS text/profile) 87 29

30 The Audit Process The LP must submit supporting data to FEMA. If APPROVED, the LP will receive an notification that they can log-in and print the determination. If REJECTED, a LOMA will be completed by NSP and the LP will be audited again on their next submittal. After initial successful audit the LP will be able to generate determinations online. However, they will still be subject to random audits. 88 Common eloma audit mistakes Issues with the eloma Audits Supporting data from the LP is often incomplete Requests in unnumbered Zone A areas LPs not using the approved Legal Description format Previous LOMAs for the subject property 89 Audits Requiring Additional Data The Most Common Data Items Not Submitted Annotated FIS Flood Profile FIS Summary of Stillwater Elevations table Annotated copy of the effective FIRM panel Conversion factor for the vertical datum The Most Common Incomplete Data Items Unrecorded Plats or Deeds Flood Profiles or Summary of Stillwater Elevation tables that were not annotated Copies of the FIRM without the property location Elevation Forms or Certificates without the vertical datum 90 30

31 The Qualifying Questions ensure that the application meets the criteria for the eloma process. If the application does not meet the eloma criteria a notification appears that informs the LP that they need to submit their request using the standard LOMA (MT-1) process. 91 The LP enters their contact information. The address displayed is the address on file for the LP. If the address is incorrect the LP should contact MIP Help at miphelp@mapmodt eam.com and have their profile updated. 92 If the Subject is a structure the LP enters information about the construction type

32 The LP confirms the Lat/Long and Property information. 94 The LP enters the Community that the Subject is located in on the effective FIRM. They can either use the dropdowns or the CID free text field. The county and community choices are based on the State that the LP entered on the Property Description screen. 95 The LP selects the FIRM panel number that the Subject is located on and enters the elevation information for the Subject. The LP must indicate how they determined the BFE. For more information on how the BFE should be determined the LP can click the link in the BFE Method section or contact the FEMA Map Assistance Center at FEMA MAP ( ). The LP needs to make sure that the elevation datum used for the Subject elevations is the same as the elevation datum used on the effective FIRM

33 The LP must answer the question about Subsidence or Uplift. If the LP is unsure about the answer to this question they can contact the Floodplain Administrator in the subject community for assistance. 97 The LP selects the Current and Resultant Flood Zones. The Resultant Flood Zone choices are based on the elevations entered by the LP on the FIRM Info screen. If the LP enters a BFE that is below the LAG or LLE, the Resultant Flood Zones choices will be B, X (shaded), C, and X (unshaded). The LP needs to make sure that the Resultant Zone they select appears on the effective FIRM. Subjects should not be removed to Zone C if the zone is labeled X (unshaded) on the effective FIRM. If the LP enters a BFE that is above the LAG or LLE, the Resultant Flood Zones choices will be AE, A1-A30, and AH. 98 To add a Flooding Source enter the name in the field and click the Add Flood Source button. The screen will refresh and the added Flooding Source will appear at the bottom of the screen. The LP may Modify or Delete the flooding source if they choose

34 The LP should review the information they entered and return to a specific screen using the Edit button to make corrections if necessary. 100 The LP must check the Penalty Clause box indicating that the information they provided in the application is accurate. At this point the LP should view the draft versions of the eloma Determination Letter and Cover Letter to ensure the information they entered appears properly on the documents. 101 If the LP sees this screen they must submit copies of their supporting data for the eloma Audit. The required documents are detailed in the automated audit notification that the LP receives but if they are unsure about what is required they can call the FEMA Map Assistance Center at FEMA MAP ( ) for help. The supporting data must be sent to the attention of the eloma Coordinator

35 If the LP sees this screen they must submit copies of their supporting data for the eloma Audit. The required documents are detailed in the automated audit notification that the LP receives but if they are unsure about what is required they can call the FEMA Map Assistance Center at FEMA MAP ( ) for help. The supporting data must be sent to the attention of the eloma Coordinator. 103 eloma vs. Online LOMC 104 MT 1 Fees (subject to change)

36 MT 1 Fees (subject to change) 106 MT 1 CAN NOT be processed if: Request involving changes in BFEs Request involving changes in regulatory floodway bound delineations Request These for will properties fall under in alluvial the fan MT-2 areas Request involving Process property and/or structures elevated by fill placed within the regulatory floodway, channelization projects, bridge/culvert replacement project, or other flood control improvements 107 Revisions (MT 2) Revisions that physically change the effective FIRM & FIS are either: Letter of Map Revision (LOMR) Physical Map Revision (PMR) Most will be processed as a LOMR but FEMA may upgrade to a PMR based on size of the revision. LOMRs are needed (and may be required) to incorporate changes from new development

37 Letter of Map Revision: LOMR LOMRs are needed for: Physical change is watercourse or floodplain boundaries due to development or natural forces. To incorporate better technical data into existing studies. To correct known study errors. To provide better hydrologic or hydraulic methodologies. 109 LOMR 110 Conditional Letter of Map Revision: CLOMR Proposed projects prior to any construction. Allows FEMA to comment on effects of project would have on FIRM & FIS. Does not revise the FIRM. Must be followed by a LOMR when project is complete. Not a permit

38 CLOMR Requirements At the request of the community Proposed project that: Encroaches upon the floodway and causes an increase > 0.00 Encroaches upon the floodplain when a floodway has not been established and cause an increase of >1.00 (0.5 in CO) What is an increase? Comparison between pre-project (existing conditions) and post project (proposed conditions) 112 MT 2 Application Required for all LOMRs & CLOMRs Completed MT-2 Application Forms Project Narrative Hydrologic and Hydraulic computation and digital model files Certified Topo Map with floodplain and floodway delineations Annotated FIRM showing changes due to the project Data certified by a registered processional engineer or licensed surveyor Revision request acknowled by all impacted communities. Notification of increases in BFE and/or SFHA as required by 44 CFR Fee Payment Current fee schedule: What is the Elevation Certificate (EC) Used For? The Elevation Certificate is an administrative tool of the National Flood Insurance Program (NFIP) and is to be used to provide elevation information necessary to: Ensure compliance with community floodplain management ordinances To determine the property insurance premium rate To support Letter of Map Change (LOMC) requests Use of this certificate does not provide a waiver of the flood insurance purchase requirement Only a LOMC can issue a determination document that removes the Federal mandate for a lending institution to require the purchase of flood insurance

39 Elevation Certificates are Not required by FEMA to demonstrate compliance unless the community participates in the Community Rating System 115 EC and Flood Insurance Required for buildings constructed: Post-FIRM Pre-FIRM but rated under Post-FIRM rules 116 New EC Form

40 Section A: Property Owner Information 118 Building Diagrams A7 119 Building Diagrams A

41 Building Diagrams A7 121 Building Diagrams A7 122 Building Diagrams A

42 Building Diagrams A7 124 Section B: FIRM Information 125 Information from FIRM

43 BFE From Flood Profile ELEVATION (FEET NGVD) SUTTER BLVD BRIDGE 500-YEAR FLOOD MONTEREY AVE BRIDGE 100-YEAR FLOOD 50-YEAR FLOOD 10-YEAR FLOOD STREAM BED 527 A B C D E STREAM DISTANCE IN FEET ABOVE CONFLUENCE WITH LAKE HIGHTOWER 127 Section C: Building Elevation Information All machinery and/or equipment such as furnaces, hot water heaters, heat pumps, a/c, and elevators, etc., installed and the grading around the building is completed. 128 Elevations by Building Type

44 Section D: Certification 130 Section E: Elevations Without Survey 131 Section F: Owner s Certification

45 Section G: Community Information 133 Which Diagram Do You Use? 134 Which Diagram Do You Use? Diagram

46 Which Diagram Do You Use? Enclosure 136 Which Diagram Do You Use? Diagram Which Diagram Do You Use?

47 Resources Local Floodplain Official State NFIP Coordinator Jamie Prochno CWCB tutorials 139 And now to Marsha for a local perspective.. Matthew Buddie matthew.buddie@fema.dhs.gov Tom Birney thomas.birney@fema.dhs.gov