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HomeMy WebLinkAbout2023 National Flood Insurance Program Rebuilding Requirements NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Division of Water,Bureau of Flood Protection and Dam Safety,Western Hub 6274 East Avon-Lima Road,Avon,NY 14414-9516 P:(585)226-5450 1 F:(585)226-9485 www.dec.ny.gov August 2, 2023 RE: National Flood Insurance Program Rebuilding Requirements July Flash Flooding Dear County Emergency Management Officials, County Planning Department, County Soil and Water Conservation District, Local Elected Officials and Local Floodplain Administrators: Communities across New York State suffered significant damage as a result of the heavy rains and flash flooding at the beginning of July. Residents and business owners are understandably anxious to repair damaged building components and begin the recovery process. We understand that municipalities are already burdened with the necessity to make sure that structures are safe, restore access, and repair damaged infrastructure. However, it is essential at this critical time that reconstruction and repairs are done in accordance with flood protection standards in order to reduce damages from future flood events and to maintain a good standing in the National Flood Insurance Program. Your community has agreed to help reduce flood damages by participating in the National Flood Insurance Program (NFIP). A primary goal of the NFIP is to break the damage — rebuild — damage cycle by requiring all new, substantially improved, and substantially damaged structures within mapped Special Flood Hazard Areas to be constructed in a manner that is reasonably safe from flooding. That requires proper building elevation and protection techniques. Structures deemed to be substantially damaged that are not brought up to code, as required by the local flood damage prevention ordinance and federal regulations, are considered non-compliant structures under the NFIP and may see significant increases in their flood insurance premiums as a result. These regulations apply to rebuilding residential structures, non-residential structures, accessory structures, reinstalling propane tanks, mobile homes and recreational vehicles. A floodplain permit, and in some cases an elevation certificate, will be required. In all cases, any man-made change to the floodplain (filling, grading, dredging or excavating) will require a floodplain permit be issued by the local floodplain administrator, typically the code enforcement officer. There is no emergency authorization or exemption from the floodplain regulations or permitting requirements. The community can decide to waive the associated fees but not the requirement for a perm it. Below is a checklist in order to provide an overview of areas that should be addressed during the post-flood recovery process. voRK Department of STATE Environmental Conservation Floodplain Management: Li Review local flood damage prevention ordinance Li Locate the Flood Insurance Rate Maps (FIRMs) and Flood Insurance Study (FIS) for your community. Visit FEMA Flood a Service Center I Welcomel if hard copies cannot be located Li Notify property owners of permit and building requirements, especially within FEMA identified Special Flood Hazard Areas (SFHA) Li Perform substantial damage determinations for any structures located within the SFHA, review FEMA's Substantial Improvement/Substantial Damage Desk Reference (fema. ov} for additional guidance Li Notify property owners of substantial damage determination and rebuilding requirements in writing Flood Insurance: Li Direct residents with questions about their flood insurance policy to their insurance agent or FloodSmart j The National Flood Insurance Pro_ ram Hazard Mitigation Assistance Grants: Li Review mitigation actions identified in the County Hazard Mitigation Plan Li Pursue mitigation of at-risk properties through the Flood Mitigation Assistance (FMA) Program or Building Resilient Infrastructure & Communities (BRIC) Li Contact the State Hazard Mitigation Office and visit their website at YS Division of Homeland Security & Emergency Services Many of the areas impacted by this most recent storm may be outside of a FEMA identified Special Flood Hazard Area. In that case, the local flood damage prevention ordinance and flood resistant requirements of the NYS Uniform Code would not apply. If structures were damaged, then property owners may want to take steps to reduce their risk to similar storms in the future. We recommend providing resources such as the Homeowner's Guide to Retrofitting or Protecting Building Utilit�r Systems From Flood Damage. DEC staff is available to assist your community with these requirements; however, we cannot make the final substantial damage determinations or issue floodplain development permits on your behalf. In partnership with FEMA Region 2, DEC Floodplain Management Staff will be hosting a virtual post-disaster workshop to review the post disaster requirements, provide additional guidance, and answer questions you may have. The workshop is scheduled for Wednesday, August 9t" from 11:00 am — 12:00 pm. If you did not receive an invite, please contact me or Thomas Song with FEMA Region 2 at thomas.son. fema.dhs.. ov. This may seem overwhelming, but DEC staff is available to assist you. If there are any questions, do not hesitate to contact me at baile��dec.n� or 518-402-9148 or DEC Region 1 floodplain management staff. Ryan Porciello can be reached at ryan. orciello dec.ny.gov or 631-444-0425 and Eric Star can be reached at eric.star dec.ny. ov or 631-444-0423. Sincerely, Bailey Sawyer Environmental Program Specialist, Floodplain Management Bureau of Flood Protection and Dam Safety Division of Water New York State Department of Environmental Conservation 625 Broadway, Albany, NY 12233-3504 P: 518-402-9148 1bails .saw er(edec.ny. ov Ecc: Marianne Luhrs, FEMA Region 2 Thomas Song, FEMA Region 2 Jason Fenn, FEMA Region 2 Jonathan Smith, FEMA Region 2 Ken Kosinski, DEC Central Office, Division of Water Cathy Haas, DEC Region 1, Regional Director Kelli Higgins-Roche, NYS NFIP Coordinator, DEC Central Office Eric Star, DEC Region 1, Division of Water Ryan Porciello, DEC Region 1, Division of Water Lauren Kelly, DEC Central Office, Division of Water