AFlood2005

Floodplain Management 24 CFR Part 55: 

Floodplain Management 24 CFR Part 55

Floodplain Management: 

Floodplain Management Lester H. Berman, Environmental Officer Lester_H._Berman@hud.gov;(817) 978-5983 Jack L. Pipkin, Environmental Specialist Jack_L._Pipkin@hud.gov; (817) 978-5985 W. Laurence Doxsey, Environmental Protection Specialist W._Laurence_Doxsey@hud.gov; (210) 475-6800, ext. 2882

Floodplain Management: 

Floodplain Management Executive Order 11988 – Floodplain Management www.hud.gov/offices/cpd/energyenviron/environment/lawsandregs/laws/lawsauthorities/eo/11988.cfm 24 CFR Part 55 – Floodplain Management www.hud.gov/offices/cpd/energyenviron/environment/lawsandregs/regs/index.cfm

Executive Order 11988: 

Executive Order 11988 Signed by President Carter May 24, 1977

Noted that Floodplains provide:: 

Noted that Floodplains provide: Wildlife habitat Agricultural and forest products Stable ecosystems Park and recreation areas

Noted that unwise use of Floodplains pose a severe threat to human life, health and property: 

Noted that unwise use of Floodplains pose a severe threat to human life, health and property

The Purpose of Executive Order 11988 was to:: 

The Purpose of Executive Order 11988 was to: Avoid, to the extent possible, the long and short term adverse impacts associated with occupancy and modification of floodplains Avoid the direct or indirect support of floodplain development, wherever there is a practicable alternative

Executive Order 11988 also Required Federal Agencies to:: 

Executive Order 11988 also Required Federal Agencies to: Avoid development in the Floodplain Develop regulations within 6 months (24 CFR Part 55)

Why?: 

Why?

Floodplain Management 24 CFR Part 55 Applies to:: 

Floodplain Management 24 CFR Part 55 Applies to: Physical actions in 100 year Single family rehab only > 50% market value Includes: Structures Roads Pipelines Anything except minor clearing and grubbing

24 CFR Part 58.12Eight Step Process Does not Apply to:: 

24 CFR Part 58.12 Eight Step Process Does not Apply to: Actions on 1-4 family dwelling < 50% change in value including minor repairs and rehabilitation Incidental portion in an adjacent floodplain in certain cases (24 CFR 55.12(c)(6)) Imminent threats to health/safety Minor amendment to approved action with no adverse impact Down payment assistance to existing homes Areas with LOMA/LOMR indicating the property was removed from the floodplain Mortgage Insurance (Single Family)

Floodplain ManagementDecision Making Process: 

Floodplain Management Decision Making Process Requires: Consideration of alternatives Public Notice/s (2) Mitigate damage Process called: 8-Step Process

Project in FloodplainRequirements:: 

Project in Floodplain Requirements: Compliance with 8-step process Flood Insurance required (58.6) Community must be in NFIP (except for Entitlement States)

24 CFR Part 55Terminology: 

24 CFR Part 55 Terminology 100 Year Floodplain: The area subject to a 1% chance or greater of Flooding in any given year Indicated by Zone A, AE, AO, AH, AR, A99 and Zone V 100 with coastal

24 CFR Part 55Terminology: 

24 CFR Part 55 Terminology 500 Year Floodplain: The minimum floodplain of concern for critical actions and is the area subject to flooding 0.2 % in any given year Indicated by Zone B and X

24 CFR Part 55Terminology: 

24 CFR Part 55 Terminology Coastal High Hazard Area: area subject to high velocity waters, including but not limited to hurricane wave wash and tsunamis. Zone V, V1-30 and VE

24 CFR Part 55Terminology: 

24 CFR Part 55 Terminology High Hazard Area: A floodway or a coastal high hazard area

24 CFR Part 55Terminology: 

24 CFR Part 55 Terminology Floodway: That portion of the floodplain that is carrying Flow, where the flood hazard is generally the greatest and the water depth and velocities are the highest

FloodwayThe Area Where the River FlowsDuring a Flood: 

Floodway The Area Where the River Flows During a Flood Floodway 100 Year Flood- Plain 500 Year Flood- plain

Critical ActionsTerminology: 

Critical Actions Terminology Any Activity for which the risk of flooding is too great: Fire and explosive hazards Irreplaceable records Emergency services Occupants who cannot evacuate due to mobility limitations

Critical Action: 

Nursing Home Critical Action 500 year 100 Year

Critical ActionsNot Allowed If the Project is:: 

Critical Actions Not Allowed If the Project is: Located in the Floodway Located in Coastal High Hazard Area

Critical ActionsAllowed If the Project is:: 

Critical Actions Allowed If the Project is: Located outside the 500 year floodplain Located inside 100/500 year floodplain after 8-step process

Critical Action Project Project in 500 Year Floodplain: 

Critical Action Project Project in 500 Year Floodplain Must be built at 100 year flood level and participate in: Early warning system Emergency evacuation plan ID evacuation routes Mark flood levels on structures

24 CFR Part 55TerminologyOnly action allowed in Floodway: 

24 CFR Part 55 Terminology Only action allowed in Floodway Functionally Dependent Use: a land use that must necessarily be conducted in close proximity to water (a dam, marina, bridge)

24 CFR Part 55Terminology: 

24 CFR Part 55 Terminology Substantial Improvement: Any repair, reconstruction, modernization or improvement of a structure the cost of which equals or exceeds 50% of the market value or results in an increase of more that 20% in the units

The 8-Step Process Step 1: 

The 8-Step Process Step 1 Is the site in the 100 yr Floodplain? IF no, Photo Copy FIRM Map and panel Indicate site location on map Use to document the ERR Proceed with project

Slide29: 

Incidental to the site

The 8-Step Process Step 1: 

The 8-Step Process Step 1 Is the site in or will it impact the 100 year Floodplain? If no, to building, construction or impact, then Photo Copy FIRM Map and panel Indicate site location on map Use to document the ERR (24 CFR Part 55.12(c)(6)) Create deed restriction and Drainage plan Proceed with project floodplain Structure

The 8-Step Process Step 1: 

The 8-Step Process Step 1 Is the site in the 100 yr Floodplain? site? building? both? IF yes to building or impact: Continue to Step Two floodplain Structure

Step 2 Early Public Notice: 

Step 2 Early Public Notice Provide for public involvement at the earliest stage possible. Earlier involvement permits greater range of decision outcomes and public input to decision-making Allow at least 15-DAY comment period Shall state The name of the project Proposed location Describe the activity Amount of property (in acres) in the FP Location of the Environmental Review Record Name and telephone number of the official to receive comments

U.S. Water Resources Council Floodplain Management Guidelines for Implementing Executive Order 11988 : 

U.S. Water Resources Council Floodplain Management Guidelines for Implementing Executive Order 11988 43 FR 6030, February 10, 1978 Additional guidance suggests:

Step 2 (continued): 

Step 2 (continued) The agency provide for an integrated procedure for involvement of the public in the floodplain management decision-making process. Those agency public involvement procedures should include the following elements:

Step 2 (continued): 

Step 2 (continued) A description of the overall audience including specific segments to whom public notice information will be targeted (e.g., floodplain residents, elected officials, basin residents, interest groups, other agencies, etc.) A description of the public information mechanisms to be utilized in reaching the target audience (e.g., public hearings, newsletters, workshops, advisory groups, etc.). Provide continuous interaction and involvement opportunities for the public in the decision-making process.

Step 2 (continued): 

Step 2 (continued) A description of the purpose for various public notice actions that will be undertaken and assurance that public input will be integrated into the decision-making process (e.g., specific efforts to provide one way information dissemination, two way public communication or interaction, etc.). The public information should promote the fullest understanding of the proposed action or plan. An explanation of the timing of public notice actions to promote public understanding and provide opportunities for the public to affect a proposed action before alternatives are precluded.

The Notice must also: 

The Notice must also Be bilingual, if a largely non-English speaking public is involved. Distribution should be similar to NOI/RROF requirements. Identify the purpose in soliciting input (e.g., alternatives to be considered, mitigation measures to be evaluated, or factors of special interest to be incorporated into the study).

Step 3 Identify and Evaluate Alternatives: 

Step 3 Identify and Evaluate Alternatives What are the alternatives? Alternative sites Natural conditions Social demands/needs Economic cost Legal limitation Alternative scopes Alternative methods to achieve project goals A “no project” alternative

Step 4 Identify Impacts: 

Step 4 Identify Impacts Impact to the floodplain Impact to people and property Types of impact Positive and negative Concentrated and dispersed Short and long term

Step 5 Minimize, Restore and Preserve: 

Step 5 Minimize, Restore and Preserve Minimize harm to lives and property Limit fill in floodplain Minimize grading Relocate non-conforming structures Preserve natural drainage Maintain buffers Use detention ponds Minimize tree cutting

Step 6 Reevaluate the Project: 

Step 6 Reevaluate the Project Is project still feasible considering: Exposure to floods Potential to increase hazards New information gathered in step 4 and 5

Step 7 Publish the Final Notice: 

Step 7 Publish the Final Notice If it is determined there is no practicable alternative: Publish Final Notice Justify location in Floodplain List alternatives considered List all mitigation measures WAIT at least seven days before approval

Step 8 Implement the Project: 

Step 8 Implement the Project Continued requirement to: Monitor and Ensure mitigation measures are implemented

Eight Step ProcessTiming:: 

Eight Step Process Timing: Process must be completed prior to NOI/RROF

Floodplain Management 24 CFR Part 55: 

Floodplain Management 24 CFR Part 55 Streets Nursing Home 4 Single Family Homes Zone AO Zone X Park: New Jogging Trails Facade Improvements Is the 8 step process required for: Single family rehab < 50 % cost of replacement Single Family New Construction New Jogging Trails The Nursing Home The Facade Improvements Sewer and Water Improvements

Wetlands Protection: 

Wetlands Protection

Protection of Wetlands EO 11990: 

Protection of Wetlands EO 11990 Required Federal Agencies to develop regulations to avoid: Destruction/modification of wetlands Long and short term adverse impacts

Protection of WetlandsPurpose:: 

Protection of Wetlands Purpose: Federal Agencies should: Avoid long and short term impacts (destruction and/or modification of wetlands) Avoid support of construction in wetland Requires 8-step process

Slide49: 

Requires Federal Agencies to avoid assistance for New Construction in Wetlands Unless: 8-step process completed: There is no alternative Minimize harm to wetland Consider economic & environmental impact Protection of Wetlands EO 11990

24 CFR Part 55Currently Only Floodplain: 

24 CFR Part 55 Currently Only Floodplain HUD’s wetlands regulation Similar to Floodplain regulation Requires 8-step process Can be conducted jointly for Floodplain and Wetland

Protection of Wetlands Limits: 

Protection of Wetlands Limits EO 11990 is NOT Corps of Engineers. Section 404 permitting required by the Clean Water Act National Wetlands Inventory Map (published by US Fish and Wildlife)

Wetland Management 24 CFR Part 55Proposal:l Multifamily new construction Development is proposed in the Wetland with HOME for the structures and CDBG for Infrastructure.10 units per building total 160 UNITS: 

` Wetland Management 24 CFR Part 55 Proposal:l Multifamily new construction Development is proposed in the Wetland with HOME for the structures and CDBG for Infrastructure. 10 units per building total 160 UNITS What level of environmental review would be triggered? How did you determine that the site was in the Wetland? Is the 8 step process required? How does the scenario change if no buildings are in wetland, but roads/infrastructure are? What mitigation is possible? Is a Corps of Engineer’s permit required? Structures Project Boundary Wetland Proposed New Streets