2016 Fredericksburg Area Floodplain Management Workshop Tuesday, October 25, 2016

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1 2016 Fredericksburg Area Floodplain Management Workshop Tuesday, October 25, 2016 Charley Banks, CFM Department of Conservation And Recreation Division of Dam Safety & Floodplain Management

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3 Some Soapbox Points Leverage versus use lever is a simple machine it needs a fulcrum arguably versus inarguably one means the point should be argued Acronyms versus abbreviations all acronyms are abbreviations (SCUBA), but not all abbreviations are acronyms (DCR) proactive a word made up in the mid 80s by a semi literate person who had an inadequate command of and no respect for the English language.

4 Floodplain Management Communities that join the national flood insurance program (NFIP) have specific requirements. Manage development in the 1% chance, regulated floodplain, special flood hazard area (SFHA) according to the NFIP. The NFIP requires a permit for development in the SFHA; development has a very broad definition in the NFIP. In many communities, the FP Manager is the Zoning Administrator or the Building Official.

5 Zoning in Virginia In Virginia, land use planning and zoning is the responsibility of local governments: a city, county, or town. The principal local planning tools are the comprehensive plan, zoning ordinance, and subdivision ordinance. The authority for each is set forth in detail in state law in the Code of Virginia

6 Zoning Authority and the Dillon Rule Virginia localities obtain zoning and planning authority through legislation enacted by the General Assembly (called enabling legislation ) of the Code of Virginia Title The Virginia courts interpret the scope and intent of the legislation. The Dillon rule, as applied in Virginia, provides that all local government authority, including zoning and planning authority, must be expressly granted by the General Assembly.

7 THE ZONING ORDINANCE Except for those localities covered by the Chesapeake Bay Preservation Act, Virginia state law does not mandate that a locality adopt a zoning ordinance.

8 Zoning and the NFIP Land use in the SFHA is the authority and responsibility of the incorporated locality. See VA Code et. seq. and Mapped flood hazard areas: Zones A, AO, AH, AE, VE, shaded X on the flood insurance rate map (FIRM). Digitally, they are a layer in the community s GIS.

9 FIRM Zones A the blue blob ; edges of the SFHA have been determined, but no elevation of the 1% chance flood (BFE) AO shallow flow area, between 1 3 feet deep. Use the highest adjacent grade as reference for floor elevation. AH shallow ponding, with BFE on the FIRM AE edges and BFE on the FIRM AE with Floodway: floodway has been delineated within the AE zone

10 Coastal A VE Shaded X Unshaded X FIRM Zones part of the AE zone where the wave is between 3 and 1.5 feet deep, designated as the limit of moderate wave action (LiMWA). where the wave is 3 feet or more deep; from the landward toe of the primary frontal dune toward the water. the 0.2%, or 500 year area on the FIRM outside the 0.2% area, no risk designation

11 To Join the NFIP According to 44CFR, a community must: Adopt an ordinance that is in compliance with 44 CFR 60.3 Adopt the FIRM and the FIS Have a program to evaluate/permit any and all development in the SFHA Have an inspection program Have an enforcement program

12 The VA USBC and the NFIP Scope. This section establishes the scope of the USBC in accordance with Section of the Code of Virginia. The USBC shall supersede the building codes and regulations of the counties, municipalities and other political subdivisions and state agencies., however, this code shall not supersede. local flood plain regulations adopted as a condition of participation in the National Flood Insurance Program. (remember the Dillon Rule)

13 Flood Hazard Areas in the VA USBC The greater of the following two areas: 1. The area within a flood plain subject to a 1 percent or greater chance of flooding in any year. 2. The area designated as a flood hazard area on a community s flood hazard map, or otherwise legally designated. (include the 0.2% area?)

14 The VA USBC & Farm Buildings in the SFHA Farm buildings and structures lying within a flood plain or in a mudslide prone area shall be subject to floodproofing regulations or mudslide regulations, as applicable. (don t need a building permit, but must comply with the floodplain ordinance)

15 The VA USBC & Establishment of Flood Hazard Areas To establish flood hazard areas, the applicable governing authority shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled The Flood Insurance Study for [INSERT NAME OF JURISDICTION], dated [INSERT DATE OF ISSUANCE], as amended or revised with the accompanying Flood Insurance Rate Map (FIRM) and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this section.

16 The VA USBC and Buildings in the SFHA Within flood hazard areas, all new construction of buildings, structures and portions of buildings and structures, including substantial improvement and restoration of substantial damage to buildings and structures, shall be designed and constructed to resist the effects of flood hazards and flood loads. For buildings that are located in more than one flood hazard area, the provisions associated with the most restrictive flood hazard area shall apply.

17 The VA USBC & Manufactured Homes in the SFHA New or replacement manufactured homes to be located in any flood hazard zone shall be placed in accordance with the applicable elevation requirements of this code. Manufactured homes installed on sites in an existing manufactured home park or subdivision shall be permitted to be placed so that the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches (914 mm) above grade in lieu of being elevated at or above the base flood elevation provided no manufactured home at the same site has sustained flood damage exceeding 50 percent of the market value of the home before the damage occurred.

18 Design Flood in the VA USBC The flood associated with the greater of the following two areas: 1. Area with a flood plain subject to a 1 percent or greater chance of flooding in any year; or 2. Area designated as a flood hazard area on a community s flood hazard map, or otherwise legally designated.

19 Design Flood Elevation in the VA USBC The elevation of the design flood, including wave height, relative to the datum specified on the community s legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building s perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where a depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet (610 mm).

20 The VA USBC & Design flood elevations Where design flood elevations are not included in the flood hazard areas, or where floodways are not designated, the building official is authorized to require the applicant to: 1. Obtain and reasonably utilize any design flood elevation and floodway data available from a federal, state or other source; or 2. Determine the design flood elevation and/or floodway in accordance with accepted hydrologic and hydraulic engineering practices used to define special flood hazard areas. Determinations shall be undertaken by a registered design professional who shall document that the technical methods used reflect currently accepted engineering practice.

21 The VA USBC & Determination of Impacts In riverine flood hazard areas where design flood elevations are specified but floodways have not been designated, the applicant shall provide a floodway analysis that demonstrates that the proposed work will not increase the design flood elevation more than 1 foot (305 mm) at any point within the jurisdiction of the applicable governing authority.

22 Design and Construction in the VA USBC The design and construction of buildings and structures located in flood hazard areas, including flood hazard areas subject to high velocity wave action, shall be in accordance with Chapter 5 of ASCE 7 and with ASCE 24 (Flood Resistant Design and Construction).

23 The VA USBC: Grading and Fill in Flood Hazard Areas In flood hazard areas, grading and/or fill shall not be approved: 1. Unless such fill is placed, compacted and sloped to minimize shifting, slumping and erosion during the rise and fall of flood water and, as applicable, wave action. 2. In floodways, unless it has been demonstrated through hydrologic and hydraulic analyses performed by a registered design professional in accordance with standard engineering practice that the proposed grading or fill, or both, will not result in any increase in flood levels during the occurrence of the design flood.

24 The VA USBC: Grading and Fill in Flood Hazard Areas In flood hazard areas, grading and/or fill shall not be approved: 3. In flood hazard areas subject to high velocity wave action, unless such fill is conducted and/or placed to avoid diversion of water and waves toward any building or structure. 4. Where design flood elevations are specified but floodways have not been designated, unless it has been demonstrated that the cumulative effect of the proposed flood hazard area encroachment, when combined with all other existing and anticipated flood hazard area encroachment, will not increase the design flood elevation more than 1 foot (305 mm) at any point.

25 Permitting and the VA USBC A permit shall be obtained from the building official prior to the commencement of construction or demolition of a building or structure, and installations or alterations involving seven listed components/systems. Application for a permit and any related inspections shall not be required for 15 different activities, including ordinary repairs, such as roofs, siding, and replacement windows.

26 Permitting and the NFIP The NFIP requires a permit for all development in the SFHA. This goes beyond the building permit or the E&S/stormwater permit. Development: Any man made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, temporary structures, mining, dredging, filling, grading, paving, excavation, drilling or other landdisturbing activities or permanent or temporary storage of equipment or materials (44CFR 59.1).

27 Permitting and the Model Ordinance All uses, activities, and development occurring within any floodplain district, including placement of manufactured homes, shall be undertaken only upon the issuance of a zoning permit. Prior to the issuance of any such permit, the Floodplain Administrator shall require all applications to include compliance with all applicable state and federal laws and shall review all sites to assure they are reasonably safe from flooding. Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system.

28 The VA USBC and the NFIP Scope. This section establishes the scope of the USBC in accordance with Section of the Code of Virginia. The USBC shall supersede the building codes and regulations of the counties, municipalities and other political subdivisions and state agencies., however, this code shall not supersede. local flood plain regulations adopted as a condition of participation in the National Flood Insurance Program.

29 Permit All Development Development: Any man made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, temporary structures, mining, dredging, filling, grading, paving, excavation, drilling or other land disturbing activities or permanent or temporary storage of equipment or materials (44CFR 59.1). FEMA Region 3 considers a new roof, replacement windows, new siding, etc. as development and therefore believes these actions need a permit from the locality.

30 Permit All Development Building permit and E&S permit covers structures and land disturbance over 10,000 square feet. Zoning permit noting that the project is in the SFHA, leading to an evaluation and approval by the locality. Floodplain permit an evaluation of the project s impact on the floodplain and approval by the locality. Per FEMA 480: exempt small ($ or %) projects with approval of FEMA Region 3, especially the 15 listed changes to a structure that are exempt from a building permit.

31 Floodplain Permit by a Town

32 Some More Soapbox Points Decimals used in dates and phone numbers are you really that lazy? Do you know the difference between a dot and a point? (hint, the point is on the line, and the dot is above the line, in the air ) hone versus home in on Possessive versus plural versus contractions (FIRMs, its, it s)

33 Questions? Charley Banks, , Gina Dicicco, ,