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