HomeMy WebLinkAboutHazard Mitigation Plan Vol II Draft
SECTION 8: INTRODUCTION
SECTION 8: INTRODUCTION
BACKGROUND
Section 201.6.a(4) of Chapter 44 of the Code of Federal Regulations (44CFR) states: "Multi-jurisdictional
plans (e.g. watershed plans) may be accepted, as appropriate, as long as each jurisdiction has participated
in the process and has officially adopted the plan." The Federal Emergency Management Agency
(FEMA) and New York State Emergency Management Office (NYSEMO) both encourage multi-
jurisdictional planning. Therefore, in the preparation of the Suffolk County (SC) Hazard Mitigation Plan
(HMP), a Planning Partnership was formed to pursue grant funding for the plan and to meet requirements
of the federal Disaster Mitigation Act of 2000 (DMA) for as many eligible local governments in SC as
possible. SC Fire Rescue and Emergency Services (FRES) assumed the leadership role of this planning
process by securing contract assistance to facilitate the planning pro.cess.
The DMA defines a local government as follows: "Any county, municipality, city, town, township, public
authority, school district, special district, intrastate district, council of governments (regardless of whether
the council of governments is incorporated as a nonprofit corporation under State law), regional or
interstate government entity, or agency or instrumentality of a local government; any Indian tribe or
authorized tribal organization, or Alaska Native village or organization; and any rural community,
unincorporated town or village, or other public entity."
THE PLANNING PARTNERSHIP
Initial Solicitation and Letters of 1 ntent
SC FRES solicited the participation of all incorporated towns and villages in SC at the outset of this
project. Towns and Villages that expressed interested were required to adopt an "Authorizing
Resolution" in their jurisdiction and execute a contract with SC to participate in the grant and get
reimbursed for their efforts.
Table 8-1 lists the jurisdictions that decided to participate in the planning process, six towns, representing
60 percent of the towns in SC and nine villages, representing 29% of the Villages in SC. Please note, on
February 2, 2007 the Village of Lake Grove decided not to participate further in the planning process.
Jurisdictions in Suffolk
Town of Babylon Village of Amityville
Town of Huntington Village of Asharoken
Town of Riverhead Village of Babylon
Town of Shelter Island Village of Bellport
Town of Smithtown Village of Head of Harbor
Town of Southold Village of Huntington Bay
Village of Nissequoque
Village of Northport
Village of The Branch
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 8-1
DRAFT- September 2007
SECTION 8: INTRODUCTION
Planning Partner Expectations
The Planning Committee agreed to the following list of expectations:
· Establish Plan development goals;
· Establish a timeline for completion of the Plan;
· Ensure that the Plan meets the requirements of DMA 2000 and FEMA and NYSEMO guidance;
· Solicit and encourage the participation of regional agencies, a range of stakeholders, and citizens
in the Plan development process;
· Assist in gathering information for inclusion in the Plan, including the use of previously
developed reports and data;
· Organize and oversee the public involvement process;
· Develop, revise, adopt, and maintain Volume I of the Plan in its entirety and the local
jurisdictional annex in Volume II.
Jurisdiction Annex Templates
'~urisdictional annex templates were created to help the Planning Committee prepare their jurigdiction-
specific annexes and ensure all criteria of Section 201.6 of 44CFR would be met, based on the parmers'
capabilities and mode of operation. The template and detailed instructions were designed to lead each
panner through a series of steps that would generate the DMA-required elements that are specific for each
partner. The designated point-of-contact for each participating jurisdiction, as well as the County, was
asked to complete the template using the detailed instructions, guidance from the consultant and technical
assistance provided at the jurisdictional annex workshop (discussed below). The templates and their
instructions can be found in Appendix F.
Workshop
A six-hour jurisdictional annex workshop was held on September 6, 2007 for the Planning Committee.
Attendance at this workshop was considered mandatory. At the workshop, an overview was provided for
each section in the annex. The workshop was designed to be instructional, hut also allow for open
discussion and questions. In addition, personalized technical assistance was available and provided to
each.jurisdiction, if needed. Topics discussed during this session included:
· DMA 2000 overview
· Jurisdictional Annex Templates Tools
· Jurisdictional Annex Template
o Overview
o Risk ranking
o Cost/benefit review
The Planning Committee was led through an exercise to rank risk for the County as a whole. This was a
collaborative effort by all workshop attendees. Concurrently, each committee member was asked to rank
each risk specifically for its jurisdiction, based on probability of occurrence and estimates of potential
dollar losses to structures vulnerable to the hazard. Maps illustrating hazard areas and tables estimating
exposure and losses were provided to each jurisdiction as a tool, in addition to the risk assessment, to
complete this exercise.
DRAFT - September 2007
SECTION 8: INTRODUCTION
Benefit/Cost Review
Each jurisdiction's annex includes an action plan of prioritized initiatives to mitigate natural hazards.
Section 201.6.c.3iii of 44CFR requires the prioritization of the action plan to emphasize the extent to
which benefits are maximized according to a cost/benefit review of the proposed projects and their
associated costs. As part of jurisdiction annex template completion, the Planning Committee was asked
to weigh the estimated benefits of a project versus the estimated costs to establish a parameter to be used
in the prioritization of a project. This benefit/cost review was qualitative; that is, it did not include the
level of detail required by FEMA for project grant eligibility under the Hazard Mitigation Grant Program
(HMGP) and Pre-Disaster Mitigation (PDM) grant program. This qualitative approach was used because
projects may not be implemented for up to 10 years, and the associated costs and benefits could change
dramatically in that time. Each project was assessed by assigning subjective ratings (high, medium, and
low) to its costs and benefits, as follows:
High Existing funding levels are not adequate to cover the costs of the proposed project, and
implementation would require an increase in revenue through an alternative source (e.g.,
bonds, grants, and fee increases).
Medium The project could be implemented with existing funding but would require a re-
apportionment of the budget or a budget amendment, or the cost of the project would have
to be spread over multiple years.
Low The project could be funded under the existing budget. The project is part of or can be part
of an existing, ongoing program.
High Project will have an immediate impact on the reduction of dsk exposure to life-and
property.
Medium Project will have a long-term impact on the reduction of dsk exposure to life and property
or will provide an immediate reduction in the risk exposure to property.
Low Long-term benefits of the project are difficult to quantify in the short term.
Using this approach, projects with positive benefit versus cost ratios (such as high over high, high over
medium, medium over low, etc.) are considered cost-beneficial and are prioritized accordingly. For many
of the initiatives identified in the action plans, participating jurisdictions may seek financial assistance
under FEMA's HMGP or PDM programs. Both of these programs require detailed benefit/cost analysis
as part of the application process. These analy~es will be performed when funding applications are
prepared, using the FEMA model process. The Planning Committee is committed to implementing
mitigation stxategies with benefits that exceed costs. For projects not seeking financial assistance from
grant programs that require this sort of analysis, the Planning Committee reserves the right to define
"benefits" according to parameters that meet its needs and the goals and objectives of this plan.
Completion of the Planning Process
A majority of the participating towns and villages in the County completed the planning and annex-
preparation process. Some participating jurisdictions were unable to complete their jurisdiction annexes in
time for submission of this draft Plan. Completed jurisdictional annexes are presented in Section 8. Any
non-participating local government within the SC planning area can "dock" to this plan in the future by
following the linkage procedures defined in Appendix F.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 8-3
DRAFT- September 2007
SECTION 9.1: TOWN OF BABYLON
TOWN OF BABYLON
This section presents the jurisdictional annex for the Town of Babylon.
HAZARD MITIGATION PLAN POINT OF CONTACT
Gil Hanse, Director of Emergency Preparedness
200 E. Sunrise Highway
Lindenhurst, NY 11757
Phone: (631) 957-3009
E-mail: ghanse~,townofbabyIon.com
Laura Feitner, Assistant Civil Engineer
200 E. Sundse Highway
Lindenhurst, NY 11757
Phone: (631) 957-7408
E-mail: Ifeitner~townofbabyIon.com
TOWN PROFILE
PopulatiOn 211,792 as of 2000 US Census; 225,000 includes day-time working population
Location
Town of Babylon, including the Village of Amityville and Babylon Village, is the located on the south
shore and western border of Suffolk County. The Town and Villages are bordered on the south by the
Atlantic Ocean. An 8.5-mile-long inhabited barrier island prevents direct ocean wave impact along
Babylon's South Shore lies between the Atlantic Ocean and the Great South Bay. This island, known as
Jones Island, was created by the Long Island State Parks Commission froni several smaller islands in the
early 1900s. The waterfront area of the town is highly developed, primarily with residences, as depicted in
the aerial photographs below, showing portions of our frontage along the Great South Bay.
Babylon Town is the most densely populated town in Suffolk County, containing 220,000 people in 52
square miles. The Town includes the hamlets of Copiague, Deer Park, East Farmingdale, North
Amityville, North Babylon, North Lindenhurst, West Babylon, Wheatley Heights, and Wyandanch. Three
incorporated villages are located within the geographical bounds of this plan. The Villages of Amityville
and Babylon are participating partners; the Village of Lindenhurst has previously completed and adopted
their own HMP.
DRAFT- September 2007
SECTION 9.1: TOWN OF BABYLON
The Town's population has remained relatively stable over the past 20 years, as most land in the town was
densely developed by 1975. Any growth in population since that time has occurred as a result of
undocumented peoples residing without local authorization, yet, under the New York State home rule
system, Babylon is responsible for this population in case of natural disaster. Note Babylon has local
ordinance enforcement authority only.
Though FEMA may typically consider life and safety issues beyond the jurisdiction of most hazard
mitigation plans, the Town of Babylon intends that this plan mathematically demonstrate that the
mitigation planning initiative that is most important to the life and safety of our residents could never be
accounted for within any other FEMA or DHS response or preparedness plan.
Not to stray into the territory of response plans, but even a hazard mitigation plan has to remind those
unfamiliar with Long Island that even during normal daily business, movement of large amounts of people
is restricted because there is simply' no more room on the roads, and there no more space to expand the
roads. Even with the best possible evacuation plan, and an unlimited amount of personnel to carry it out,
the laws of physics still prevail. It is certainly possible, and even probable, based on documented weather
patterns, that amount of time to evacuate will far exceed the amount of notice of a significant event. Thus,
that is why the Town of Babylon turns to mitigation efforts, because if we do not reduce the exposure and
vulnerability of our mainland population and infrastructure by securing our barrier islands, we will sustain
unprecedented loss of life, destruction of essential infrastructure, and devastation of our economy from
which it will take many years to recover.
e: · '" Long Island's Southern
Exposure to the Atlantic
Ocean increases the severity
.... and multitude of natural
hazards. Note typical storm
.... tracks (Oabrielle 2007 is
shown) do not allow advance
notice in excess of 24 hours
.... for most coastal events
Background image is a screenshot from Hurrevac, which is used by Town of Babylon
Emergency Preparedness throughout hurricane season for evacuation plannin9 and decision-makin9
The Town is characterized by many areas of high groundwater, and contains a sensitive groundwater deep
recharge zone. It is largely served by public water. Approximately 50% of the Town is served by a sewer
district; the remainder of development relies on on-site sanitary leaching basins. Fortunately most areas of
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.1-2
DRAFT- September 2007
SECTION 9.1: TOWN OF BABYLON
the Town have predominantly sandy soil, but some northern areas contain loam and p0cke{s ~f ~iay. The
climate is moderate, consistent with other coastal communities in the Northeastern United States.
Climate
Average temperatures range from the low 30's degrees Fahrenheit (°F) to mid 70's (°F). Precipitation
averages 48.8 inches per year with the most precipitation occurring in the months of March and August
(5.2 inches). On average, snowfall is limited to November through April, with highest accumulations in
January. The humidity ranges from approximately 50% and 80% throughout the year. Average annual
rainfall has sharply increased in the past 5-10 years. The Town Department of Environmental Control
maintains local rainfall statistics for purposes of monitoring the shellfish habitat.
Brief History
The geographical area now known as the Town of Babylon was originally part of the Town of'Huntington,
and designated "Huntington South" until 1803. In 1872, the Babylon was officially partitioned into an
independent Town, responsible for all aspects of government and response under the New York State
"home rule" system. It should be noted the Villages maintain zoning and building codes independent of
the Town.
Governing Body Format
Both the Town and Villages have boards which will be responsible for the adoption of this Hazard
Mitigation Plan. The Town Board consists of fin Elected Supervisor, and 4 elected Town Council
members.
Growth/Development Trends
Based on the data tracked by the New York State Data Center, the Town of Babylon has experienced a
modest rate of growth. The overall population has increased 0.89% from 2000 to 2006 has averaged
0.23% per year from 1990 to 2006.. With this rate of growth, the anticipated development trends for
Babylon are considered low to moderate. Based on Town GIS analyses, there exists less than one square
mile of undeveloped land that has not already been protected. While, the town's capabilities to manage
and deal with future growth and development are illustrated later in this annex, mitigation measures
concerning land use have no ability to be effective.
NATURAL HAZARD EVENT HISTORY SPECIFIC TO THE TOWN OF BABYLON
Nor'Easter/Coastal
Erosion/Flooding NA Nov. 25, 1950 Not Available
Nor'Easter/Coastal
Erosion/Flooding NA Nov. 6-7 1953 Not Available
Nor'Easter/Coastal
Erosion/Flooding NA Oct. 14-16, 1955 Not Available
Nor'Easter/Coastal
Erosion/Flooding NA Apr. 13, 1961 Not Available
Nor'Easter/coastal
Erosion/Flooding DR-129 Mar. 6-8, 1962 HIGH
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.1-3
DRAFT - September 2007
Nor'Easter/Coastal
Erosion/Flooding
Nor'Easter/Coastal
Erosion/Flooding
SECTION 9.1: TOWN OF BABYLON
Nov. 12-13, 1968
Nor'Easter/Coastal NA February 1969
Erosion/Flooding
NA Feb. 19, 1972
Nor'Easter/Coastal
Erosion/Flooding
Nor'Easter/Coastal
Erosion/Flooding
"The Perfect Storm")
Nor'Easter/Coastal
Erosion/Flooding
Nor'Easter/Coastal
Erosion/Flooding
Nor'Easter/Coastal
Erosion/Flooding
Nor'EastedCoastal
Erosion/Flooding -
Nor'EastedCoastal
Erosion/Flooding
Nor'Easter/Coastal
Erosion/Flooding
NA
NA
Nov. 7,1973
Oct. 39.31, 1991
Nor'Easter/Coastal
Erosion/Flooding
Nor'Easter/Coastal
Erosion/Flooding
DR-974 Dec. 11-14, 1992
EM-3107 March 12-14, 1993
NA Jan. 1994
DR-1083 Jan 6-8. 1996
DR-1146 Oct. 19-20, 1996
NA March/April 1997
NA Mar. 5-7, 2001
Nor'Easter/Coastal NA Dec. 26, 2002
Erosion/Flooding
NA February 2003
Nor'EastedCoastal
Erosion/Flooding
Nor'Easter/Coastal
Erosion/Flooding
Nor'Easter/Coastal
Erosion/Flooding
NA December 2003
NA February 11, 2006
DR-1692 April 14-16, 2007
NA 1779-1780
Severe Winter Storm/Hard
Winter
Severe Winter Storm/
NA 1888
Blizzard
Severe Winter Storm/ NA Feb. 3-4, 1961
Blizzard
Severe Winter Storm NA Dec. 17, 1973
Severe Winter Storm/ NA Jan. 19-20, 1978
Bli~ard
Severe Winter Storm/ NA Feb. 5, 1978
Blizzard
Severe Winter Storm/ NA Apr. 6, lg82 NA
BJi7~ard
Not Available
LOW
HIGH
MEDIUM
HIGH
HIGH
HIGH
MHD
LOW
MHD
MHD
LOW
MED
LOW
MHD
MHD
LOW
NA
NA
NA
$100,000
NA
NA
DMA 2000 Hazaid Mitigation Plan, Suffolk County, New York 9.1-4
DRAFT - September 2007
Severe Winter Storm/
Blizzard
Severe Winter Storm/
Blizzard
Severe Winter Storm/
Blizzard
Severe Winter Storm/
Blizzard
Severe Winter Storm/
Blizzard - "President's Day
Storm"
Severe Winter Storm/
Blizzard
Severe Winter Storm
Severe Winter Storm
Severe Winter Storm/
Blizzard
Severe Winter Storm/
SECTION 9.1: TOWN OF BABYLON
NA Feb. 11-12 1983
FEMA EM-3107 Mar. 1993
NA Jan 6-8, 1996
(second largest)
FEMA DR-1083 Dec. 1996
FEMA EM 3184 Feb. 17-18, 2003
NA Dec. 6, 2003
NA Jan. 27-28,2004
NA Jan. 19,2005
NA Jan. 22-23,2005
NA
Feb. 2t - Mar. 12,
2005 (5 storms)
Severe Winter Storm/ NA Feb. 11-12, 2006
Hurricane/Coastal
Erosion/Flooding
NA
· $8,500,000
NA
$21,400,000
Not Available
Not Available
Not Available
Not Available
Not Available
Not Available
Not Available
NA August 1635 Not Available
Hurricane/Coastal
Erosion/Flooding NA Sept. 1821 Not Available
Hurricane/Coastal
Erosion/Flooding NA 8/19/1856 Not Available
Hurricane/Coastal
Erosion/Flooding NA Sept. 16, 1858 Not Available
Hurricane/Coastal
Erosion/Flooding NA 11/1/1861 Not Available
Hurricane/Coastal
Erosion/Flooding NA 6/17/1886 Not Available
Humcane/Coastal
Erosion/Flooding NA 9/6/1888 Not Available
Extra Tropical Depression NA 10/14/1900 Not Available
Hurricane/Coastal
Erosion/Flooding NA 9/8/1934 Not Available
Hurricane/Coastal
Erosion/Flooding -
"Long Island Express" or NA Sept. 21, 1938 HIGH
"Great Hurricane of '38"
Hurricane/Coasta~
Erosion/Flooding- NA Sept. 14, 1944 MEDIUM
"Great Atlantic Hurricane"
Hurricane Carol
Coastal Erosion/Flooding DR-26 Aug. 31, 1954 LOW
Hurricane - Diane
Coastal Erosion/Flooding DR-45 Aug. 12-19, 1955 HIGH
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.1-5
DRAFT- September 2007
Hurricane - Esther
Coastal Erosion/Flooding
SECTION 9,1: TOWN OF BABYLON
9/21 / 1961
Hurricane Agnes NA June 22, 1972 HIGH
Coastal Erosion/Flooding ·
Hurricane Belle DR-520 Aug. 10, 1976 LOW
Coastal Erosion/Flooding
1982
Hurricane - Cindy NA (1 of top 3 erosion MEDIUM
Coastal Erosion/Flooding ) events)
Hurricane - Gloria
Coastal Erosion/Flooding DR-750 Oct. 18, 1985 LOW
Hurricane Felix
NA Aug. 14, 1995 LOW
Coastal Erosion/Flooding
Tropical Storm Bertha
NA July 13, 1996 LOW
Coastal Erosion/Flooding
Tropical Storm Josephine
Coastal Erosion/Flooding NA October 8, 1996 LOW
Tropical Stm- Floyd DR-1296 Sept. 1999 LOW
Coastal Erosion/Flooding
Long Island was
just shy of
Disaster
Declaration, but
homeowners
were offered
assistance in the
form of SBA
Loans
Remnants of Hurricane
Wilma/Flooding/Shallow
Groundwater
October 2005
MEDIUM
Tropical Storm Ernesto/ NA September 2, 2006 LOW
Flooding
Notes: N/A = Not applicable.
Damage Estimates indicated as high (> 30% total replacement cost), medium ( 15-29% TRC), or low (<15% TRC)
Number of FEMA Identified Repetitive Flood Loss Properties: 386
Due to the geographical exposure of Babylon's shoreline, and the dense development along the Great
South Bay frontage, even the slightest natural events can cause extensive disruption to the economy. For
example, the Town of Babylon experiences impact to its roadways and drainage infrastructure
approximately once a month, when the cycle of the moon causes a "high high tide". Pictured below are
the mainland results of a minor Nor'Easter, April 15, 2007 (DR-1692):
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.1-6
DRAFT- September 2007
SECTION 9,1: TOWN OF BABYLON
The damage to the mainland and to Jones Island (pictured above and below) while significant, is minor
compared to the historical impact of Nor'Easters on the Town of Babylon. Due to our coastal
vulnerability to north-easterly winds, 24 of the 26 events described in the Volume table entitled
"Nor'Easter Events between 1931 and 2006" impacted our Town. Though precise data is not available for
all storms, local emergency management officials estimate that 12 of the Nor'Easters experienced caused
property, infrastructure and economic damage exceeding 30% of the Town's total replacement cost for the
years of the events. Of particular note is that the Town of Babylon participated in all six of the
Presidential Disaster Declarations for Nor'Easter events in Suffolk County, and even had to evacuate over
3000 people for "The Storm of the Century" which occurred March 1993 (DR-974).
Accompanying Nor'Easters, and all other coastal storms, is Coastal Erosion. Due to the southerly-facing
coast and the geology of the sand, erosion and accretion occur on a daily basis guided by wind and wave
directions. The erosion along Jones Island exceeds the accretion, as man-made structures, erected aloog
o~r coastline throughout history, have disturbed the littoral drift of necessary sediments that would ensure
accretion along Jones Island. General descriptions of this hazard propagated in Volume I are not typical of
Jones Island (Gilgo Beach), as we may suffer erosion losses of 5 feet per minor coastal event, including
nor'easters. In fact, it is likely that Jones Island experiences one of the highest erosion rates along the
entire Eastern seaboard. Erosion of Jones Island is an on-going event which can only be measured by day-
to-day weather events. Refer to documentation in USACE projects from 1987 to present for further
scientific analysis.
The coastal erosion threatening our barrier island endangers not merely our beaches or residences or a vital
New York State Commuter Route. Should the island become structurally unsound, the only sewer outfall
pipe for a Suffolk County sewage treatment plant serving over half of our population and commerce will
fail, requiring expensive re-routing and reconstruction. But even should the sewer pipe be lost, the safety
and welfare of the number of citizens directly physically endangered by any major coastal event, including
nor'easters, rises from 800 people to over 30,000 people. Depicted below is an examplb of how quickly
erosion can occur. The seaward portion of dunes pictured existed just prior to DR-1692. Exposed by the
recent erosion is an oil tank left behind by the US Coast Guard when the Gilgo Station was demolished in
1980s.
DMA 2000 H~i~ ~iii~ii~ ~i~n i §uff~ik ~t)i ~ ~0iR ~ii~
DRAFT - September 2007
SECTION 9.1: TOWN OF BABYLON
As Nor'Easters and Coastal Erosion occur quite frequently, considering the damage that may be sustained
by the violent winds and flooding asgociated with hurricanes and other tropical cyclones paints an ominous
picture of Long Island's future. Long Island, and the Town of Babylon in particular, has experienced only'
a minor portion of the damage amounts from Presidential Disaster Declarations that affected Long Island
since 1954. Many of the worst hurricane events (i.e. 1938) hit well before the majority of development in
Babylon, which occurred post- World War II. In the case of Hurricane Gloria, she hit Babylon at low tide,
sparing our citizens from widespread coastal flooding.
While Volume I contains a complete analysis of the natural hazard for Suffolk County in general, it is
important to note the population analyses contained there-in indicate that 39% of the total affected
population in Suffolk County for a Category 2 or Category 3 Hurricane reside within the Town of
Babylon. In the case ora Category 2, sheltering needs are approximately 30,000 people; for a Category 3,
that number jumps to 124,000 people. To make matters worse, HAZUS analysig in Volume I supports
local knowledge that local emergency operations and fire/rescue efforts will most likely be moderately
disabled, and could possibly be severely disabled for several days.
It is because of these predictions, and other local emergency planning activities and mapping that the
Town of Babylon has focused extensively on encouraging existing federal and state projects to continue on
Jones Island. The barrier island is the best protection the Town has to mitigate the effects of hurricanes
and tropical cyclones by increasing the amount of time available to transport and shelter residents, and to
reduce the amount flood waters inundating streets and critical response facilities. Pictured below is an
example of a map created by Town emergency preparedness to more clearly understand affected
population and aid in mitigation efforts:
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.1-8
DRAFT - September 2007
SECTION 9.1: TOWN OF BABYLON
Atlantic Ocean ]
Asian Beetle Infestation (Risk Ranking #9)
Though the Asian Beetle infestation has relatively low impacts on the Town and Villages compared to the
other hazards, mitigation strategies for any natural hazards involving wind, and hence tree, damage must
be modified to account for the infestation. Pictured below is the border (purple) of the Asian Beetle
Quarantine Area, with respect to the borders (black) of both Village of Amityville and Village of Babylon.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.1-9
DRAFT- September 2007
SECTION 9.1: TOWN OF BABYLON
DMA 2000 Hazard Mitigation Plan- Suffolk County, New York 9.1-10
DRAFT- September 2007
SECTION 9,1: TOWN OF BABYLON
NATURAL HAZARD RISK/VULNERABILITY RISK RANKING
7
8
10
10
b.
Nor'Easters (extra-
tropical cyclones,
including severe winter
Iow-pressure systems)
Coastal Erosion
Severe Winter Storm
(heavy snow,
blizzards, ice storms)
Hurricane (tropical
cyclones, including
tropical storms and
tropical depressions)
Flooding (riverine,
flash, coastal, urban
flooding and elevated
groundwater)
lO0-year*: $959,913,000 -
$1,508,773,000
500-year*: $10,312,336,000-
$11,421,625,000
Frequent 45
Damage estimate not available. Frequent
Damage estima!e not available.
100-year*: $959,913,000 -
$1,508,773,000
500-year*: $10,312,336,000 -
$11,421,625,000
Severe Storms
(windstorms,
thunderstorms, hail,
lightning and tornado)
100-year~: $26,599,000
500-year**:$43,412,000
Shallow Groundwater
Groundwater
Contamination
Asian Beetle
Infestation
Wildfire
Damage estimate not available.
39
Frequent 39
Occasional 36
Frequent 30
Frequent 27
Frequent
Occasional
Frequent
Rare
Rare 0
Damage estimate not available. 18
Damage estimate not available. 14
Damage estimate not available.
Damage estimate not available.
3
Drought Damage estimate not available.
Building damage ratio estimates based on FEMA 386-2 (August 2001 )
Frequent=- Hazard event that occurs more frequently than once in 10 years, Occasional--Hazard event that
occurs fi.om once in 10 years to once in 100 years, Rare--Hazard event that occurs from once in 100 years to
once in 1,000 years, None= Hazard event that occurs less frequently than once in 1,000 years
The probability of occurrence for these events is weighted at "0" due to no exposure
Estimated building replacement value (structure and contents) damaged by the 100-year and 500-year
hurricane-related winds and storm surge events as calculated using HAZUS-MH (custom methodology
explained in Section 5.4, Volume I in the Hurricane hazard profile).
Estimated building replacement value (structure and contents) damaged by a 100-year and 500-year flood event
as calculated by HAZUS-MH.
CAPABILITY ASSESSMENT
This section identifies the following capabilities of the local jurisdiction:
· Legal and regulatory capability
· Administrative and technical capability
· Fiscal capability
· Community classification.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.1~11
DRAFT - September 2007
SECTION 9.1: TOWN OF BABYLON
1) Building Code
2) Zoning Ordinance
3) Subdivision Ordinance
4) Special Purpose Ordinances
(floodplain management, critical
or sensitive areas)
Y
Y
(TOB
Chapter
213 and
Chapter
186)
Y
Y
Y
Y
SEE
COMMENT
Y
Y
Town adopted International
Building Code 2003
TOB Chapter 213, adopted 1954.
Suffolk County Planning
Commission 'has review authority
on certain actions. If they
disapprove an action, Town Zoning
Board must approve with a greater
majodty & present findings.
TOB Chapter 213, adopted. Suffolk
County Planning Commission has
review authority on certain actions.
If they disapprove an action, Town
Board/Town Zoning Board/Town
Planning Board must approve with
a greater majodty & present
findings. NYS Subdivision laws
provide a general framework, but
allow room for local ordinances
and interpretation.
Chapter 99 - Coastal Erosion
Hazard Areas (1989); Chapter 114
-Environmental Quality Review
(1977); Chapter 125 Flood
Damage Control (1994); Chapter
128 Freshwater Wetlands (1976);
Chapter 137 Preservation of
Histodc Areas (1987); Chapter 153
Multiple Dwellings (1978)
Incorporated into most local
5) Growth Management Y Y N N ordinances listed above.
Maintained by TOB Department of
6) Floodplain ManagementJBasin y y y. y Environmental Control; by a
Plan designated TOB Flood Plain
Manager
Chapter 189, adopted pursuant to
7) Stormwater Management Y Y Y* Y NYS Phase II implementation of
Plan/ordinance the Federal Clean Water Act
8) General Plan or
Y Y N Y Completed per state mandate
Comprehensive Plan
9) Capital Improvements Plan Y Y N N
Y
10) Site Plan Review
Requirements
SEE
COMMENT
Suffolk County Planning
Commission has review authority
on certain actions. If they
disapprove an action, Town
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.1-12
DRAFT - September 2007
SECTION 9.t: TOWN OF BABYLON
Boards must approve with a
greater majodty & present findings
11) Habitat Conservation Plan Y Y y* y
12) Economic Development Plan Y Y y* N
13) Emergency Response Plan Y Y N N Developed 1976, updated as
needed
14) Shoreline Management Plan Y Y N Y
15) Post Disaster Recovery Plan Y N N N
16) Post Disaster Recovery
Ordinance Y N N N
17) Real Estate Disclosure req. N N N N
18) Other N N N N
*Note: NYSDEC, NYSDOS, NYSDOT, SCDPW, SCDHS have permitting authority over some actions occurring as a
result of local regulations.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.1-13
DRAFT- September 2007
SECTION 9.1: TOWN OF BABYLON
Administrative and Technical CapabiliD,
1) Planner(s) or Engineer(s) with knowledge of land
development and land management practices
2) Engineer(s) or Professional(s) trained in
construction practices related to buildings and/or
infrastructure
3) Planners or engineers with an understanding of
natural hazards
4) Floodplain Manager
5) Surveyor(s)
6) Personnel skilled or trained in "GIS" applications
7) Scientist familiar with natural hazards in Suffolk
County.
8) Emergency Manager
9) Grant Walter(s)
10) Staff with expertise or training in benefit/cost
analysis
Department of Planning & Development -
Planners, Assistant Civil Engineers, Engineering
Aides
Department of Planning & Development - Building
Inspectors, Assistant Civil Engineers
Contract Engineers
Department of Planning & Development - Fire
Marshall/Assistant Civil Engineer
Department of Environmental Control - Waterways
Management Supervisor
of Environmental Control - Waterways
Management Supervisor
Trained in Surveying (not licensed) -- Department of
Planning & Development - Assistant Civil Engineers;
Department of Public Works Highway Engineering
Senior Engineering Aides
Contract Surveyors
Department of Planning & Development
Planners, Assistant Civil Engineers, Engineering
Aides
Department of Environmental Control -
Environmental Analysts, Waterways
Management Supervisors
Department of Public Works Highway
Engineering - Senior Engineering Aides
Department of Information Technologies - IT.
Director
Contract Application Developers
Department of Environmental Control -
Environmental Analysts, Waterways
Management Supervisors
Department of Planning & Development - Fire
Marshall
Department of Finance - Grant Wdter
Department of Finance -- Comptroller
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.1-14
DRAFT - September 2007
SECTION 9.1: TOWN OF BABYLON
Fiscal Capability
1) Community development Block Grants (CDBG)
Yes, have utilized in the past
2) Capital Improvements Project Funding Yes, have utilized in the past
3) Authority to Levy Taxes for specific purposes Yes, have utilized in the past
4) User fees for water, sewer, gas or electric service No
5) Impact Fees for homebuyers or developers of new Yes, have utilized for traffic safety measures, optical pre-
development/homes emption, and roadway improvements
6) Incur debt through general obligation bonds - Yes, have utilized in the past
7) Incur debt through special tax bonds Yes, have utilized in the past
8) Incur debt through private activity bonds No
9) Withhold public expenditures in hazard-prone areas -- No
10) State sponsored grant programs Yes, have utilized in the past
FEMA sponsored grant funding
11)Other County sponsored grant funding' for roadways
improvements and stormwater remediation
Communi~' Classifications
Community Rating System (CRS) 10 10/1/1993
Building Code Effectiveness Grading Schedule (BCEGS) 4/4 2003
Public Protection 3/9
Storm Ready Not Participating N/A
Firewise Not Participating N/A
· Higher classification applies to when subject property is located beyond 1000 feet of a creditable
fire hydrant and is within 5 road miles of a recognized Fire Station.
· N/A = Not applicable. - = Unavailable.
The above referenced classifications can be viewed as a gauge of this community's capabilities in all
phases of emergency management (preparedness, response, recovery and mitigation). These
classifications are used as an underwriting parameter for determining the costs of various forms of
insurance. The CRS class applies to flood insurance while the BCEGS and Public Protection
classifications apply to standard property insurance. Classifications range on a scale of 1 to 10 with class
one being the best possible classification, and class 10 representing no classification benefit. Criteria for
classification credits are outlined in the following documents:
· The Community Rating System Coordinators Manual
· The Building Code Effectiveness Grading Schedule
· The Fire Suppression Rating Schedule
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.1-15
DRAFT- September 2007
SECTION 9.1: TOWN OF BABYLON
Proposed Hazard Mitigation Initiatives
Continue existing
Federal and State
-authorized 2-year
cycle projects and
money for
perpetuity to
preserve, restore,
and noudsh Jones
Island so that it can
be considered for
certification as a
levee under the
National Flood
Insurance program.
Encourage Federal
and State agencies
to identify new
reliable and
consistent sources
of sand for beach
nourishment
programs, building
on
recommendations
of existing
feasibility studies
concerning coastal
sand budgets.
Nor'Easters,
Coastal
Erosion,
Hurricane,
Flooding
Nor'Easters;
Coastal
Erosion;
Hurricane;
Flooding
increase structural
stability and Nor'Easters;
drainage capacity Coastal
of culverts
Erosion;
spanning tdbal Flooding;
tributaries and Shallow
supporting cdtical Groundwater
evacuation and
response routes
Army Corps, Federal & State
NYSDOS, Budgeted
NYSDOT, $12 Million Expenses, Short-
2, 3, 5, 7, 9, NYSDEC
14, 15, 16 (existing bi- bi-annually Congressionally term OG
annual -approved
program) yearly
Short
2, 3, 5, 7, 9, Army Corps, Medium Army Corps, Term,
14, 15, 16 NYSDOS NYSDOS DOF
NYSDOT,
2, 5, 7, 12, NYS Parks, Possible PDM Long
13, 14, 15, SCDPW High Term
16 Highways, application DOF
NYSDEC
Increase structural
stability and
transport capacity
of the bridges in
the American
Venice section of
town. These
bridges are
cultural and
aesthetic features
which support
critical evacuation
and response
routes. Their
current capacity is
12 tons.
Nor'Easters; Possible PDM
Coastal application;
2, 5, 7, 12, Possible Long
Erosion; 13, 14, 15, TOWN High State/Federal/ Term
Flooding; 16 Private Historic DOF
Shallow Preservation
Groundwater Funds
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.1-16
DRAFT- September 2007
SECTION 9.1: TOWN OF BABYLON
Re-design and re-
enforce
dams/spillways
supporting man-
made lakes out of Nor'Easters;
freshwater streams Coastal
and tidal tributaries Erosion;
to reduce risk of Hurricane;
Flooding;
failure, increase Severe
stormwater
retention, and Storm;
Shallow
reduce upstream Groundwater
flooding, and
protect critical
evacuation and
response routes
Re-design and re-
enforce
dam/spillway at Nor'Easters;
Argyle Lake to Coastal
reduce risk of Erosion;
failure, increase Hurricane;
stormwater Flooding;
retention, and Severe
reduce upstream Storm;
flooding, and Shallow
protect critical Groundwater
evacuation and
response routes
Dredging of mouths
of tidal tributaries,
established
navigational Nor'Easters;
channels such as Coastal
Fire Island Inlet Erosion;
(Deposits shall be Hurricane;
used to augment Flooding;
mitigation strategy Shallow
concerning Groundwater
engineered barrier
islands mentioned
above)
Implement tree Nor'Easters,
management Severe
programs and Winter
augment existing Storms,
programs, including
containment of the Hurricane,
Flooding,
Asian Beetle, and Severe
measures to
Storms,
improve post- Asian Beetle
disaster debds
Infestation
management
Town, Town, Villages,
2, 5, 7, 8, 10, Villages, NYSDOT,
11, 'i3, 14, NYSDOT, High NYSDEC, Long
15, 16 NYSDEC, SCDPVV, Term
SCDPVV possible PDM
application
Village of Town, Villages,
2, 5, 7, 8, 10, Babylon, NYSDOT,
11, 13, 14, Town, NYSDEC, Long
15, 16 NYSDOT, High SCDPVV, Term
N¥SDEC, possible PDM
SCDPW application
2, 3, 5, 7, 9,
14, 15, 16
Army Corps, Federal & State
NYSDOS, Budgeted
NYSDOT, Expenses, Long
NYSDEC, US High Congressionally term
FISH/WILDLI -approved
FE yearly
NYS
Agriculture & Town; NYS
1, 7, 5, 10, Markets; Low Agriculture & Short
13, 15, 16 USDA Markets; USDA Term
(APHIS) (APHIS)
Consider adopting Nor'Easters; 1, 2, 3, 4, 5, TOWN Low Town; Short
measures to Coastal 11, 13, 15, HOMEOWNER Term
DMA 2000 Ha~ ~itig'~iion Finn 2 §~ffolk Co~niyl ~ York
9.1-17
DRAFT - September 2007
SECTION 9.1: TOWN OF BABYLON
increase the Erosion;
amount of on-site Flooding;
stormwater storage Shallow
for all new Groundwater
construction, and
additions meeting
FEMA's Substantial
Improvement
Criteria
16
Adopt a program to
increase public
participation in Nor'Easters;
maintenance of Coastal
municipal drainage Erosion;
by reducing Severe
roadway/recharge Winter
basin litter, Storms;
dumping Hurricane;
yard/household Flooding;
waste into streets, Severe
identification of Storms;
neighborhood Shallow
inlets, and notifying Groundwater
DPW of drainage
problems
1, 2, 3, 5, 7, TOWN
13, 15, 16
Support/enhance
Building and/or
Flood code
enforcement
programs at the
local level public
education and
awareness of
current codes
All
FUNDS
Institute a stream-
clearing program to Nor'Easters;
restore habitats of
Coastal
tidal tributaries and Erosion;
freshwater dvers by Hurricane;
reducing invasive Flooding;
species, trash, Severe
excess sediment, Storms;
etc. to increase Shallow
natural and
Groundwater
municipal drainage
capabilities
Town;
Community
Volunteers; Short
Low Federal/State Term
Phase II Clean
Water Act
1, 2, 4, 7, 9, TOWN Low Town; NYSDOS Short
15 Term
Long
2, 5, 7, 8, 10, NYSDEC, Possible PDM, Term
11, 13, 15, SCDPW Low FMA Grant
16 Vector Control DOF
Install different Nor'Easters;
types of tidal flaps Coastal
and valves at ten Erosion;
tdal locations to Hurdcene;
determine the best Flooding;
ways of preventing Severe
tidal backflow into Storms;
municipal drainage Shallow
systems Groundwater
2,3,5,7,13, Town Low Town Short
15,16 Term
DMA 2000 Hazard Mitigation Plan - Suff01k County, New York 9,1-18
DRAFT- September 2007
SECTION 9,1: TOWN OF BABYLON
Encourage staff
and consultants in
to learn FEMA- All 1, 3, 5, 7, 15, Shod
sponsored cost- 16 Low Town Term
benefit analysis
Reconstruct
roadways in Nor'Easters,
Venetian Shores Coastal
Erosion,
area;
reconstruction will Hurricane,
include raising the Flooding,
maximum amount Severe
possible and Storms,
Shallow
increase drainage Groundwater
capacity
Nor'Easters,
Design or enhance Coastal
existing municipal Erosion,
drainage systems Hurricane,
to provide Flooding,
increased capacity Severe
of the drainage Storms,
system Shallow
Groundwater
Institute a recharge
basin
reconstruction Nor'Easters;
program, possibly Coastal
by partnering with Erosion;
local businesses, to Hurricane;
restore & increase Flooding;
drainage capacity Severe
Storms;
by reducing Shaltow
invasive species, Groundwater
trash, excess
~ediment, etc.
Encourage
applicable
agencies to update
existing
CoastalView
program on a
yeady basis.
(CoastalView is a
joint venture of
State and Federal
agencies which has
established
benchmarks within
erosion data in a
GIS format)
2, 13, 15, 16 Town Medium
Town; Possible Short
PDM application Term,
DOF
2,5, 10, 11, Town Medium Town; Possible Long
13, 15, 16 PDM application Term
Town; possible
2, 7, 8, 10, community Short
11, 13, 15, Town Medium volunteers;
16 POSSIBLE Term,
PDM DOF
APPLICATION
Nor'Easters;
Coastal Short
Erosion; 1, 3, 5, 6, 7,
Hurricane; 9, 14, 15, 16 NYSDOS Medium NYSDOS Term,
DOF
Flooding
Based on the Nor'Easters;
results of tidal Coastal 2, 3, 5, 7, 13, Possible PDM Long
backflow trials, Erosion; 15, 16 Medium application Term
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.1-19
DRAFT - September 2007
SECTION 9,1: TOWN OF BABYLON
retro-fit Hurricane;
approximately 100 Flooding;
outfall pipes to Severe
prevent tidal Storms;
backfiow into Shallow
drainage systems Groundwater
Continue a
program, in Nor'easters,
cooperation with Severe
existing US Winter
Ags/Markets Storms;
programs, to inform Hurricanes,
and certify Severe
contractom for Storms,
debris removal Asian Beetle
operations in the Infestation
quarantine area
State
1, 2, 3, 7, 10, Agriculture &
15, 16 Markets
Nor'Easters,
Coastal
Elevate roads that Erosion,
are vital/critical to Hurricane,
evacuation and Flooding,
local community Severe
operations Storms,
Shallow
Groundwater
2, 13, 14, 15, Town
16
Participate in
homeowner
partnership
program to elevate
vulnerable
properties in high
risk areas impacted
by coastal storms,
surface fiooding,
and/or shallow
groundwater. High
risk areas include:
those properties
identified as
"repetitive loss" by
FEMA and those
areas of concern
identified by the
Town of Babylon.
Nor'Easters,
Coastal
Erosion,
Severe
Storms,
Hurricane,
Flooding,
Shallow
Groundwater
1, 2, 3, 4, 7, FEMA
9
Medium State Agriculture Short
& Markets Term
High Possible PDM Long
application Term
FEMA hazard
Mitigation grant
programs: PDM, Long
High FMA, RFC and
term
SRL;
Homeowner
Cost Share
Re-engineer and Nor'Easters,
reconstruct Coastal
Copiague Erosion,
roadways (for Hurricane,
example Coolidge Flooding,
Ave) to eliminate or Severe
minimize Storms,
pronounced Iow Shallow
points which Groundwater
capture stormwater
2, 13, 15, 16 Town High Possible PDM Long
application Term
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.1-20
DRAFT - September 2007
SECTION 9,1: TOWN OF BABYLON
runoff and coastal
flood waters with
no available
dissipation outlet
Develop a post-
disaster action plan
for coastal storm
events that will
address the
continuity of local
government
operations, such as
operations of the
Comptroller, Town
Clerk, Planning &
Development, etc.
post disaster
Implement a
permanent
measure to prevent
tidal backflow
under overpasses
along Ocean
Parkway, such as
at Gilgo Beach,
and reduce
likelihood of inlet
creation at this
Jones Island
location
All 2, 3, 7, 12,
14, 16
Encourage NYS
and FEMA to
document erosion
rates by taking
standardized aerial
photographs of our
shoreline on a
yearly basis, and
when necessary
after severe
storms.
Nor'Easters;
Coastal
Erosion; 2, 5, 7, 9, 14,
Hurdcane; 15 16
Flooding
Nor'Easters;
Coastal
Erosion; 1,3 5, 6, 7, 9,
Hurricane; 14, 15, 16
Flooding
Consider Iow- Nor'Easters,
density land use in Coastal
high dsk coastal, Erosion,
surface water and Hurricane,
groundwater Flooding,
Shallow
zones.
Groundwater
Town High NYSDOS, Town Long
Term
NYSDOT, Long
Town High N~'SDOT Term
NYSDOS,
NYSDEC, Suffolk County,
NYSCSIC, NYSDOS,
NYSEMO, NYSDEC,
FEMA, and all NYSCSIC,
other High NYSEMO, Long
agencies FEMA, and all Term
currently other agencies
producing currently
aerial producing aerial
photography photography
6,7
Town Low Town Long
term
Continue to
develop, enhance
1,3,7,12,
and implement All 13, 14, 15,
existing emergency 16
response plans to
utilize new and
Town Low Town Sho~
Term
DRAFT - September 2007
SECTION 9.1: TOWN OF BABYLON
developing
technology/
information as it
becomes available.
Nor'Easters;
Coastal
Promote the Erosion;
purchase of Flood Hurricane;
Insurance Flooding;
Severe
Storms
Short
1,7, 9, 15 FEMA NFIS Low Town
Term
Educate the public Nor'Easters;
on ways to protect Coastal
their property Erosion;
before and dudng Severe
natural events, and Winter
what they can Storms;
acquire to install Hurricane;
appropriate Flooding;
property protection Severe
measures Storms
1, 7, 9, 15 FEMA NFIS Low
Town; partner Short
with community Term,
organizations/ DOF
businesses
Implement public
education
programs that
inform the public of
local coastal
hazard area zone
ordinances (TOB
Code Chapter 99),
why this is
important and how
the public can help
preserve and
protect our
managed coastal
zones (i.e. Jones
island)
Nor'Easters;
Coastal
Erosion;
Hurricane;
Flooding
FEMA NFIS OR
1, 2, 3, 4, 5, Town Low POSSIBLE Long
7, 9, 15, 16 PDM Term
public
education and
notification
concerning Asian
Beetle Infestation,
including
production and
distribution of maps
of affected areas
Asian Beetle
Infestation
1, 3, 7, 8, 10, US Ags & Low Town, Village of Short
15 Markets Amityville Term
Consider Flood,
participation in Nor'Easter,
incentive-based
Hurricane,
programs such as
Severe
CRS and "Storm
Weather
Ready."
Long
1, 3, 4, 9 Town High Town Term
Notes: Short term = I to 5 years. Long Term= 5 years or greater. OO = On going program. DOF = Depending on f~nding. SC = Suffolk
County. PDM = Pre-Disaster Mitigation Grant Program.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.1-22
DRAFT- September 2007
SECTION 9.1: TOWN OF BABYLON
PRIORIT1ZATION OF MITIGATION INITIATIVES
B-1 High High Y
B-2 High Medium Y
B-3 High High Y
B-4 High High Y
B-5 High High Y
B-6 High High Y
B-7 High High Y
B-8 Medium Low Y
B-9 Medium Low Y
B-10 Medium Low Y
N N
Federal & State
Budgeted
Expenses, High
Congressionally-
approved yeady
N N i Army Corps, Medium
NYSDOS
Y N Possible PDM Low
application
Possible PDM
application;
Possible
Y N State/Federal/ Medium
Private Histodc
Preservation
Funds
Town, Villages,
NYSDOT,
Y N NYSDEC,
SCDPW, Medium
possible PDM
application
Town, Villages,
NYSDOT,
Y N NYSDEC,
SCDPVV, Medium
possible PDM
application
Federal & State
Budgeted
N N Expenses, Medium
Congressionally-
approved yeady
Town; NYS
y y Agriculture & Medium
Markets; USDA
(APHIS)
Town;
N N HOMEOWNER Medium
FUNDS
Y N Town;
Community Medium
DRAFT - September 2007
SECTION 9.1: TOWN OF BABYLON
B-11
B-12
B-13
B-14
B-15
B-16
B-17
B-18
B-19
B-20
B-21
B-22
B-23
B-24
B-25
B-26
Medium Low Y Y N
Medium Low Y Y N
Volunteers;
Federal/State
Phase II Clean
Water Act
Town; NYSDOS Medium
Possible PDM Medium
application
Medium Low Y Y
Y Town High
Medium Low Y N N TOWN Medium
Medium Medium Y Y Y
Town; Possible Medium
Medium Medium Y Y Y
Town; Possible Medium
PDM application
Medium Medium Y Y N
Medium Medium Y Y N
Medium Medium Y Y N
Town; possible
community
volunteers;
POSSIBLE PDM
APPLICATION
Medium
NYSDOS Med. ium
Possible PDM Low
application
Medium Medium Y Y y State Agriculture High
& Markets
Possible PDM
Medium High N Y N application Low
Federal PDM
funding; Low
Medium High N N N Homeowner
Cost Share
Possible PDM
Medium High N Y N application Low
Medium High N Y N NYSDOS Medium
Medium High N N N NYSDOT Medium
Suffolk County,
NYSDOS,
NYSDEC,
Medium High N Y N NYSCSIC, Medium
NYSEMO,
FEMA, and all
other agencies
DMA 2000 Hazard Mitigation Ran - Suffolk County, New York 9.1-24
DRAFT - September 2007
SECTION 9.1: TOWN OF BABYLON
B-27
B-28
B-29
B-30
B-31
B-32
B-33
currently
photography
Low Low Y N N Low
Low Low Y N Y Town High
Low Low Y y Y Town Medium
Town; partner
N with community Medium
organizations/bu
sinesses
Low Low Y y
Low Low Y y N FEMA, NFIS or
possible PDM Low
Low Low Y y y Town, Village of Medium
Amityville
Low High N Y N Town Low'
Explanation of Priorities
· High Priority - A project that meets multiple objectives (i.e., multiple hazards), benefits
exceeds cost, has funding secured or is an on-going project and project meets eligibility
requirements for the Hazard Mitigation Grant Program (HMGP) or Pre-Disaster Mitigation
Grant Program (PDM) programs. High priority projects can be completed in the short term (1
to 5 years).
· Medium Priority - A project that meets goals and objectives, benefits exceeds costs, funding
has not been secured but project is grant eligible under, HMGP, PDM or other grant
programs. Project can be completed in the short term, once funding is completed. Medium
priority projects will become high priority projects once funding is secured.
· Low Priority - Any project that will mitigate the risk of a hazard, benefits do not exceed the
costs or are difficult to quantify, funding has not been secured and project is not eligible for
HMGP or PDM grant funding, and time line for completion is considered long term (1 to 10
years). Low priority projects may be eligible other sources of grant funding from other
programs. A low priority project could become a high priority project once funding is secured
as long as it could be completed in the short term.
Prioritization of initiatives was based on above definitions: Yes
Prioritization of initiatives was based on parameters other than stated above: Not applicable.
DRAFT- September 2007
SECTION 9.1: TOWN OF BABYLON
FUTURE NEEDS TO BETTER UNDERSTAND RISK~VULNERABILITY
· Mitigation Plan for man-made disasters
· Better building stock and cost-of-construction data to update risk assessment
· Better data on coastal erosion rates localized to Jones Island
· Develop a Town of Babylon government recovery continuity plan, working with villages, fire
districts, school districts, and other cormnunity organizations within the Town
ADDITIONAL COMMENTS
None at this time.
HAZARD AREA EXTENT AND LOCATION
Hazard area extent and location maps have been generated for the Town of Babylon and illustrate the
probable areas impacted within the Town. These maps are based on the best available data at the time of
the preparation of this Plan, and are considered to be adequate for planning purposes. Maps have only
been generated for those hazards that can be clearly identified using mapping techniques and
technologies, and for which the Town of Babylon has significant exposure. These maps are illustrated in
the hazard profiles within Section 5.4, Volume I of this Plan.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.1-26
DRAFT - September 2007
SECTION 9.2: VILLAGE OF AMITYVILLE
VILLAGE OF AMITYVILLE
This section presents the jurisdictional annex for the Village of Amityville.
HAZARD MITIGATION PLAN POINT OF CONTACT
Diane Sheridan, Administrator/Clerk
21 Greene Avenue
Amityville, NY 11701
Phone: (631) 264-6000
E-mail: ds h eirid a n(~,am itwille.com
Carol Lagano, Deputy Clerk
21 Greene Avenue
Amityville, NY 11701
Phone: (631) 264-6000
E-maih d clef k~,arnitwille.com
VILLAGE PROFILE
Popula~on 9,441 as of 2000
Location
The Village of Amityville is the located on the south shore and western border of Suffolk County. The
Village is bordered on the south by the Atlantic Ocean. An 8.5-mile-long inhabited barrier island prevents
direct ocean wave impact along Amityville's South Shore lies between the Atlantic Ocean and the Great
South Bay. This island, known as Jones Island, was created by the Long Island State Parks Commission
from several smaller islands in the early 1900s. The waterfront area of the village is highly developed,
primarily with residences, as depicted in the aerial photographs below, showing portions of our frontage
along the Great South Bay.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.2-1
DRAFT - September 2007
SECTION 9,2: VILLAGE OF AMITYVILLE
The Village of Amityville contains 9,441 people in 2.5 square miles. The Village has 30.4 ]niles of roads.
Electric service is provided by the Long Island Power Authority (LIPA); water service is supplied by the
Suffolk County Water Authority. The entire village is served by SCDPW Sewer District 3, with lift
stations (one in the Village and one in Town of Babylon) serving as the only mechanisms to carry sewage
upgrade to the treatment plant in West Babylon.
The Village is characterized by many areas of high groundwater, and is served by public water. Most of
the Village has predominantly sandy soil. The climate is moderate, consistent with other coastal
communities in the Northeastern United States. Average annual rainfall has sharply increased in the past
5-10 years. Following are pictures from the Village of Amityville's website illustrating the quaint seaside
village:
Credit: Billy Lozowski
The Village's population has increased 4% over the past 20 years, as most land in the village was densely
developed by 1975. Any growth in population since that time has occurred as a result of undocumented
peoples residing without local authorization, yet, under the New York State home role system, the Village
is responsible for this population in case of natural disaster. Amityville Village maintains its own fire
service, as well as a professional police force. The Villages have boards which will be responsible for the
adoption of the Hazard Mitigation Plan.
Though FEMA may typically consider life and safety issues beyond the jurisdiction of most hazard
mitigation plans, the mitigation planning initiative that is most important to the life and safety of our
residents could never be accounted for within any other FEMA or DHS response or preparedness plan.
Not to stray into the territory of response plans, even with the best possible evacuation plan, and an
unlimited amount of personnel to carry it out, the laws of physics still prevail. It is certainly possible, and
even probable, based on documented weather patterns, that amount of time to evacuate will far exceed the
amount of notice of a significant event. Thus, that is why the Village of Amityville turns to mitigation
efforts, because if we do not reduce the exposure and vulnerability of our mainland population and
infrastructure by securing our barrier islands, we will sustain unprecedented loss of life, destruction of
essential infrastructure, and devastation of our economy from which it will take many years to recover.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.2-2
DRAFT- September 2007
SECTION 9.2: VILLAGE OF AMITYVILLE
Long Is and's Southern
Exposure to the Adantic
Ocean increases thc severity
~nd multitude of natural
hazards Note typical storm
' ' tracks (Cabnelle 2007 ~s
shown) do not allow advance
not~ce m excess of 24 hours
.... for most coast&l events
Emergency Preparednes~ throughout hurr~c&ne season for evacuation planning and decision-making
Climate
Average temperatures range from the low 30's degrees Fahrenheit (°F) to mid 70's (°F). Precipitation
averages 3 to 4 inches per month. On average, snowfall is limited to November through April, with
highest accumulations in January. The humidity ranges from approximately 55% and 80% throughout the
year.
Brief History
The Village of Amityville's website describes the Villages history as follows:
First settled in the 1600's, it was not until March 3rd, 1894 that it became the Incorporated Village of
Amityville. In its infancy, the "friendly bay village", as it has come to be known, was primarily a farming
community that had strong ties to the fishing and boating industries. Salt hay was an important agri-
product that was grown to feed livestock. But the farms and marine industries slowly gave way to the
needs of summer visitors in search of comforts afforded by the cool breezes and beaches of the Great
South Bay. Hotels, long since gone, supplanted the farms and marine industries that were located along
the waterfront. The hordes of summer visitors that discovered early Amityville included stage and theater
personalities, prominent members of society including businessmen, artists, writers and the so-called "rich
and famous" Manhattanites.
Although within the geographical boundaries of the Town of Babylon, residents of the Village enjoy the
benefits of a local police force, fire department and public works department. Residents are taxed by the
Village for these services and by the Town and County for school taxes and other public services, such as
trash removal. The Village is part of the Amityville Public School District.
Within the Village boundaries, there are numerous parks and public spaces for all to enjoy. They include:
· Village Triangle and Gazebo ~ on Broadway between Sunrise Highway and Merrick road
· Avon Lake - landscaped area at East and West Lake Drives
· Delano Nature Trail - Union Avenue, East of Broadway
DMA 2000 Hazard Mitigation Plan -Suffolk County, New York 9.2-3
DRAFT- September 2007
SECTION 9,2: VILLAGE OF AMITYVILLE
· Edmund Wl Pearsali Park - natural rest area on Bayview Avenue
· James A. Caples Memorial Park - Southern end of Bayview Avenue, with a playground, lighted
softball fields, boat ramp
· Peterkin Park - Oak Street, with playground, pond and footpath
· 9/11 Memorial Park - center of the Village on Broadway
· Nautical Park - Southeast comer of Merrick Road and Ocean Avenue, waterside park with
benches, paths and band-shell
· Maxine Postal Memorial Park - Unqua Place on the Great South Bay, in memory of Legislator
Maxine Postal, 15th Leg. District
· Amityville Beach Complex - Southern end of Bayview Avenue, with concession stand, beach and
fishing pier
Governing Body Format
The Village has a board which will be responsible for the adoption of this Hazard Mitigation Plan.
Village Board consists of an elected Mayor and 4 elected Trustees.
The
Growth/Development Trends
Based on the data tracked by the New York State Data Center, the Village of Amityville's residential
population has decreased 0.25% from 2000 to 2006. Based on US Census figures, the population
increased 4% from 1980 to 2000. Most of the Village's land has been developed for many years; however,
the Village's capabilities to manage and deal with future growth and development are illustrated later in
this annex.
NATURAL HAZARD EVENT HISTORY SPECIFIC TO THE VILLAGE OF AMITYVILLE
Nor'Easter/Coastal
Erosion/Flooding
NA Nov. 25, 1950 NA
Nor'Easter/Coastal NA Nov. 6-7 1953 NA
Erosion/Flooding
Nor'Easter/Coastal NA Oct. 14-16, 1955 NA
Erosion/Flooding
Nor'Easter/Coastal NA Apr. 13, 1961 NA
Erosion/Flooding
Nor'Easter/Coastal DR-129 Mar. 6-8, 1962 HIGH
Erosion/Flooding
Nor'Easter/Coastal NA Nov. 12-13, 1968 NA
Erosion/Flooding
Nor'Easter/Coastal NA February 1969 LOW
Erosion/Flooding
Nor'Easter/Coastal NA Feb. 19, 1972 HIGH
Erosion/Flooding
Nor'EasteflCoastal NA Nov. 7, 1973 MEDIUM
Erosion/Flooding
Nor'Easter/Coastal
Erosion/Flooding NA Oct. 30-31, 1991 HIGH
'q'he Perfect Storm")
Nor'Easter/Coastal DR-974 Dec. 11-14, 1992 HIGH
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.24
DRAFT- September 2007
Erosion/Flooding
Nor'Easter/Coastal
Erosion/Flooding
Nor'Easter/Coastal
Erosion/Flooding
Nor'Easter/Coastal
Erosion/Flooding -
Nor'Easter/Coastal
Erosion/Flooding
EM-3107
NA
DR- 1083
Nor'Easter/Coastal
Erosion/Flooding DR-1146
Nor'Easter/Coastal
Erosion/Flooding NA
Nor'Easter/Coastal
Erosion/Flooding NA
NA
SECTION 9,2: VILLAGE OF AMITYVILLE
Nor'Easter/Coastal
Erosion/Flooding
March 12-14, 1993 HIGH
Jan. 1994 MED
Jan 6-8. 1996
Oct. 19-20, 1996
March/April 1997
Mar. 5-7, 2001
Dec. 26, 2002
Nor'Easter/Coastal
Erosion/Flooding NA February 2003
NA December 2003
Severe Winter Storm/
Blizzard
LOW
MED
MED
LOW
MED
LOW
MED
Nor'Easter/Coastal
Erosion/Flooding NA February 11, 2006 MED
Nor'Easter/Coastal
Erosion/Flooding DR-1692 April 14-16, 2007 LOW
Severe Winter Storm/Hard
Winter NA 1779-1780 NA
Severe Winter Storm/
Blizzard NA 1888 NA
Severe Winter Storm/
Blizzard NA Feb, 3-4, 1961 NA
Severe Winter Storm NA Dec. 17, 1973 $100,000
Severe Winter Storm/
Bli~Tard NA Jan. 19-20, 1978 NA
Severe Winter Storm/
Blizzard NA Feb. 5, 1978 NA
NA Apr. 6, 1982 NA
Severe Winter Storm/
Blizzard NA
Severe Winter Storm/
Blizzard FEMA EM-3107
Feb. 11-12 1983 NA
Mar. 1993 $8,500,000
Severe Winter Storm/ Jan 6-8, 1996 (second
Blizzard NA largest) NA
severe Winter Storm/
Blizzard FEMA DR-1083 Dec. 1996 $21,400,000
Severe Winter Storm/
Blizzard - "President's Day FEMA EM-3184
Storm"
Severe Winter Storm/ NA
Feb. 17-18,2003 NA
Dec. 6,2003 NA i
DRAFT - September 2007
Blizzard
SECTION 9.2: VILLAGE OF AMITYVILLE
Severe Winter Storm NA Jan. 27-28, 2004 NA
Severe Winter Storm NA Jan. 19, 2005 NA
Hurricane/Coastal
Erosion/Flooding
Jan.~2-23,2005 NA
Feb. 21 - Mar. 12, 2005 NA
(5 stonms)
Feb. 11-12,2006 NA
Not Available
Severe Winter Storm/ NA
Blizzard
Severe Winter Storm/ NA
Severe Winter Storm/ NA
NA
August 1635
Hurricane/Coastal NA Sept. 1821 Not ~,vailable
Erosion/Flooding
NA 8/19/1856 Not Available
Hurricane/Coastal
Erosion/Flooding
Sept. 16, 1858 Not Available
11/1/1861 Not Available
6/17/1886 Not Available
9/6/1888 Not Available
Hurricane/Coastal NA
Erosion/Flooding
Hurricane/Coastal NA
Erosion/Flooding
Hurricane/Coastal
NA
Erosion/Flooding
NA
Hurricane/Coastal
Erosion/Flooding
Extra Tropical Depression NA 10/14/1900 Not Available
Hurricane/Coastal NA 9/8/1934 Not Available
Erosion/Flooding
Hurricane/Coastal
Erosion/Flooding- NA Sept. 21, 1938 HIGH
"Long Island Express" or
"Great Hurricane of '38"
Hurricane/Coastal
Erosion/Flooding- NA Sept. 14, 1944 MEDIUM
"Great Atlantic Hurricane"
Humcane Carol DR-26 Aug. 31, 1954 LOW
Coastal Erosion/Flooding
Hurricane- Diane DR-45 Aug. 12-19, 1955 HIGH
Coastal Erosion/Flooding
Hurricane- Esther NA 9/21/1961 LOW
Coastal Erosion/F~ooding
Hurricane Agnes NA June 22, 1972 HIGH
Coastal Erosion/Flooding
Hurricane Belle
DR-520 Aug. 10, 1976 LOW
Coastal Erosion/Flooding
1982
Hurricane - Cindy NA (1 of top 3 erosion MEDIUM
Coastal Erosion/Flooding ) events)
Hurricane - Gloria
Coastal Erosion/Flooding DR-750 Oct. 18, 1985 LOW
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.2-6
DRAFT - September 2007
Hurricane Felix
Coastal Erosion/Flooding
SECTION 9.2: VILLAGE OF AMITYVILLE
NA Aug. 14, 1995 LOW
Tropical Storm Bertha
Coastal Erosion/Flooding NA July 13, 1996 LOW
Tropical Storm Josephine
Coastal Erosion/Flooding NA October 8, 1996 LOW
Tropical Stm- Floyd
Coastal Erosion/Flooding DR-1296 Sept. 1999 LOW)
Long Island was
just shy of
Disaster
Declaration, but
homeowners
were offered
assistance in the
form of SBA
Loans
October 2005
Remnants of Hurricane
Wilma/Flooding/Sh allow
Groundwater
MEDIUM
Tropical Storm Ernesto/
Flooding NA September 2, 2006 LOW
Notes: N/A = Not applicable.
Damage Estimates indicated as high (> 30% total replacement cost), medium ( 15-29% TRC), or low (<15% TRC)
Number of FEM.,I Identified Repetitive Flood Loss Properties: 74'
Due to the geographical exposure of Amityville's shoreline, and the dense development along the Great
South Bay frontage, even the slightest natural events can cause extensive disruption to the economy. For
example, the Village of Amityville experiences impact to its roadways and drainage infrastructure
approximately once a month, when the cycle of the moon causes a "high high tide". Pictured below are
the mainland results of a minor Nor'Easter, April 15, 2007 (DR- 1692):
The damage to the mainland and to Jones Island (pictured above and below) while significant, is minor
compared to the historical impact of Nor'Easters on the Village of Amityville. Due to our coastal
vulnerability to north-easterly winds, 21 of the 26 events described in the Volume table entitled
"Nor'Easter Events between 1931 and 2006' impacted our Village. Though precise data is not available
for all storms, local emergency management officials estimate that 12 of the Nor'Easters experienced
caused property, infrastructure and economic damage exceeding 30% of the Town's total replacement cost
for the years of the events. Of particular note is that the Village of Amityville participated in all six of the
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.2-7
DRAFT - September 2007
SECTION 9.2: VILLAGE OF AMITYVILLE
Presldent~al Disaster Declarat ons for Nor Easter events ~n Suffolk County, and even had to evacuate o er
400 people for "The Storm of the Century" which occurred March 1993 (DR-974).
Accompanying Nor'Easters, and all other coastal storms, is Coastal Erosion. Due to the southerly-facing
coast and the geology of the sand, erosion and accretion occur on a daily basis guided by wind and wave
directions. The erosion along Jones Island exceeds the accretion, as man-made structures, erected along
our coastline throughout history, have disturbed the littoral drift of nec6ssary sediments that would ensure
accretion along Jones Island. General descriptions of this hazard propagated in Volume I are not typical of
Jones Island (Gilgo Beach), as we may suffer erosion losses of 5 feet per minor coastal event, including
nor'easters. In fact, it is likely that Jones Island experiences one of the highest erosion rates along the
entire Eastern seaboard. Erosion of Jones Island is an on-going event which can only be measured by day-
to-day weather events. Refer to documentation in USACE projects from 1987 to present for further
scientific analysis.
The coastal erosion threatening our barrier islahd endangers not merely our beaches or residences or a vital
New York State Commuter Route. Should the island become structurally unsound, the only sewer outfall
pipe for a Suffolk County sewage treatment plant serving over half of our population and commerce will
fail, requiring expensive re-routing and reconstruction. But even should the sewer pipe be lost, the safety
and welfare of the number of citizens directly physically endangered by any major coastal event, including
nor'easters, rises from a few hundred people to our entire population. Depicted below is an example of
how quickly erosion can occur. The seaward portion of dunes pictured existed just prior to DR-1692.
Exposed by the recent erosion is an oil tank left behind by the US Coast Guard when the Gilgo St&tion was
demolished in 1980s.
As Nor'Easters and Coastal Erosion occur quite frequently, considering the damage that may be sustained
by the violent winds and flooding associated with hurricanes and other tropical cyclones paints an ominous
picture of Long Island's future. Long Island, and the Village of Amityville in particular, has experienced
only a minor portion of the damage amounts from Presidential Disaster Declarations that affected Long
Island since 1954. Many of the worst hurricane events (i.e. 1938) hit well before the majority of
development in Babylon, which occurred post- World War II. In the case of Hurricane Gloria, she hit
Amityville at low tide, sparing our citizens from widespread coastal flooding.
While Volume I contains a complete analysis of the natural hazard for Suffolk County in general, it is
important to note the population analyses contained there-in indicate that all of the population within the
Village would require evacuation to a jurisdiction north of the Village for a Category 2 or greater
Hurricane. Amityville's Fire and Police operations would be very limited during a significant coastal
event, and we would have to rely on the Town of Babylon for their support. HAZUS analysis in Volume I
supports local knowledge that local emergency operations and fire/rescue efforts will most likely be
severely disabled for several days.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.2-8
DRAFT- September 2007
SECTION 9.2: VILLAGE OF AMITYVILLE
it is because of these predictions, and other local emergenc3 planning acti¢ities and ~hppingl thai Jones
Island is the best protection the Village has to mitigate the effects of hurricanes and tropical cyclones by
increasing the amount of time available to transport and shelter residents, and to reduce the amount flood
waters inundating streets and critical response facilities. Pictured below is are examples of maps created
by Town of Babylon emergency preparedness, on the Village's behalf, to more clearly understand affected
population and aid in mitigation efforts:
Asian Beetle Infestation (Risk Rankim[ #9)
Though the Asian Beetle infestation has relatively low impacts on the Town and Villages compared to the
other hazards, mitigation strategies for any natural hazards involving wind, and hence tree, damage must
be modified to account for the infestation. Pictured below is the border (purple) of the Asian Beetle
Quarantine Area, with respect to the borders (black) of both Village of Amityville and Village of Babylon.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.2-9
DRAFT - September 2007
SECTION 9.2: VILLAGE OF AMITYVILLE
NATURAL HAZARD RISK/VULNERABILITY RISK RANKING
Nor'Easters (extra-
tropical cyclones,
including severe winter
Iow-pressure systems)
100-year*: $63,874,000 -
$91,0O3,O00
500-year*: $583,168,000 -
$645,012,000
Frequent 45
Coastal Erosion Damage estimate not available. Frequent
Severe Winter Storm
(heavy snow, Damage estimate not available. Frequent
blizzards, ice storms)
Hurricane (tropical 100-year*: $63,874,000 -
cyclones, including $91,003,000
tropical storms and 500-year*: $583,168,000 - Occasional
tropical depressions) $645,012,000
Flooding (riverine,
flash, coastal, urban 100-year**: $6,558,000
flooding and elevated 500-year**: $7,817,000 Frequent
groundwater)
Severe Storms
(windstorms, Damage estimate not available. Frequent
thunderstorms, hail,
lightning and tornado)
Shallow Groundwater Damage estimate not available. Frequent
Groundwater
Contamination Damage estimate not available. Occasional
Asian Beetle
Infestation Damage estimate not available. Frequent
39
39
36
3O
27
18
14
3
Wildfire Damage estimate not available. Rare 0
Drought Damage estimate not available. Rare 0
a. Building damage ratio estimates based on FEMA 386-2 (August 2001 )
b. Frequent=- Hazard event that occurs more frequently than once in 10 years, Occasional=Hazard event that
occurs from once in 10 years to once in 100 years, Rare=Hazard event that occurs from once in 100 years to
once in 1,000 years, None= Hazard event that occurs less frequently than once in 1,000 years
c. The probability of occurrence for these events is weighted at "0' due to no exposure
* Estimated building replacement value (structure and contents) damaged by the 100-year and 500-year
hurricane-related winds and storm surge events as calculated using HAZUS-MH (custom methodology
explained in Section 5.4, Volume I in the Hurricane hazard profile).
** Estimated building replacement value (structure and contents) damaged by a 100-year ~nd 500-year flood event
as calculated by HAZUS-MH.
CAPABILITY ASSESSMENT
This section identifies the following capabilities of the local jurisdiction:
· Legal and regulatory capability
· Administrative and technical capability
· Fiscal capability
· Community classification.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9,2-10
DRAFT- September 2007
SECTION 9.2: VILLAGE OF AMITYVILLE
1) Building Code
2) Zoning Ordinance
3) Subdivision Ordinance
4) Special Purpose Ordinances
(floodplain management, critical
or sensitive areas)
N
Y
Y
Y
Y
Y
Y
SEE
COMMENT
Y
Village has adopted International
Building Code
Suffolk County Planning
Commission has review authority
on certain actions. If they
disapprove an action, Village
Zoning Board must approve with a
greater majodty & present findings,
Suffolk County Planning
Commission has review authority
on certain actions. If they
disapprove an action, Village
Board/ Village Zoning Board/
Village Planning Board must
approve with a greater majodty &
present findings. NYS Subdivision
laws provide a general framework,
but allow room for local ordinances
and interpretation.
5) Growth Management Y Y N N
6) Floodplain Management/Basin y.
Plan Y Y Y
adopted pursuant to NYS Phase II
7) Stormwater Management y.
Plan/ordinance Y Y Y implementation of the Federal
Clean Water Act
8) General Plan or Completed per state mandate
Comprehensive Plan Y Y N Y
9) Capital Improvements Plan Y Y N N
Suffolk Coqnty Planning
10) Site Plan Review SEE Commission has review authority
Requirements Y N COMMENT N on certain actions. If they
disapprove an action, Village
Boards must approve with a
greater majodty & present findings
11) Habitat Conservation Plan Y Y Y* y
12) Economic Development Plan Y Y Y* N
13) Emergency Response Plan Y Y N N
14) Shoreline Management Plan Y Y N Y
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.2-11
DRAFT - September 2007
SECTION 9,2: VILLAGE OF AMITYVILLE
15) Post Disaster Recovery Plan
16) Post Disaster Recovery Y N N N
Ordinance
17) Real Estate Disclosure req. N
18) Other Y
*Note: NYSDEC, NYSDOS, NYSDOT, SCDPW, SCDHS have permitting authority over some actions occurring as a
result of local regulations.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.2-12
DRAFT - September 2007
SECTION 9,2: VILLAGE OF AMITYVILLE
Administrative and Technical Capabili~,
1) Planner(s) or Engineer(s) with knowledge of land
development and land management practices
2) Engineer(s) or Professional(s) trained in
construction practices related to buildings and/or
infrastructure
3) Planners or engineers with an understanding of
natural hazards
4) Floodplain Manager
5) Surveyor(s)
6) Personnel skilled or trained in "GIS" applications
7) Scientist familiar with natural hazards in Suffolk
County,
8) Emergency Manager
9) Grant Walter(s)
1~)) Staff with expertise or training in benefit/cost
analysis
Contract Planners/Engineers
Contract Engineers
Contract Planners/Engineers
Contract Surveyors
Town supplies GIS Maps on an informal basis
for emergency preparedness and fire protection
needs
Contract GIS available
Volunteer to reporting to Village Clerk
Village Clerk & staff
Village Clerk & staff
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.2-13
DRAFT - September 2007
SECTION 9,2: VILLAGE OF AMITYVILLE
Fiscal Capabili~,
1) Community development Block Grants (CDBG)
Yes, have utilized in the past
2) Capital improvements Project Funding Yes, have utilized in the past
3) Authority to Levy Taxes for specific purposes Yes, have utilized in the past
4) User fees for water, sewer, gas or electric service No
5) Impact Fees for homebuyers or developers of new Yes, have utilized for traffic safety measures, optical pre-
development/homes emption, and roadway improvements
6) Incur debt through general obligation bonds · Yes, have utilized in the past
7) Incur debt through special tax bonds . Yes, have utilized in the past
8) Incur debt through pdvate activity bonds No
9) Withhold public expenditures in hazard-prone areas No
10) State sponsored grant programs Yes, have utilized in the past
FEMA sponsored grant funding
11) Other County sponsored grant funding for roadways
improvements and stormwater remediation
Communi~, Classifications
Community Rating System (CRS) Not Participating N/A
Building Code Effectiveness Grading Schedule (BCEGS) 4/4 2005
Public Protection 4
Storm Ready Not Participating N/A
Firewise Not Participating N/A
· Higher classification applies to when subject property is located beyond 1000 feet of a creditable
fire hydrant and is within 5 road miles of a recognized Fire Station.
· N/A -- Not applicable. - = Unavailable.
The above referenced classifications can be viewed as a gauge of this community's capabilities in all
phases of emergency management (preparedness, response, recovery and mitigation). These classifications
are used as an underwriting parameter for determining the costs of various forms of insurance. The CRS
class applies to flood insurance while the BCEGS and Public Protection classifications apply to standard
property insurance. Classifications range on a scale of 1 to 10 with class one being the best possible
classification, and class 10 representing no classification benefit. Criteria for classification credits are
outlined in the following documents:
The Community Rating System Coordinators Manual
The Building Code Effectiveness Grading Schedule
The Fire Suppression Rating Schedule
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.2-14
DRAFT- September 2007
SECTION 9.2: VILLAGE OF AMITYVILLE
Proposed Hazard Mitigation Initiatives
Increase structural
stability and drainage Nor'Easters; NYSDOT,
capacity of culverts Coastal
spanning tribal Erosion; 2, 5, 7, 12, NYS
Parks,
13, 14, 15, SCDPW
tributaries and Flooding; 16
supporting cdtical Shallow Highways,
evacuation and Groundwater NYSDEC
response routes
Re-design and re-
enforce
dams/spillways Nor'Easters;
supporting man- Coastal
made lakes out of
freshwater streams Erosion;
and tidaltdbutaries to Hurricane;
Flooding;
reduce risk of failure, Severe
increase stormwater
retention, and reduce Storm;
Shallow
upstream flooding, Groundwater
and protect cdtical
evacuation and
response routes
Dredging of mouths
of tidal tdbutades
Possible PDM Long
High application Term
Town,
2, 5, 7, 8, Villages, Town, Village, NYSDOT, Long
10, 11, 13, NYSDOT, High NYSDEC, SCDPW, Term
14, 15, 16 NYSDEC, possible PDM application
SCDPW
Nor'Easters;
Hurricane;
Flooding; 2, 3, 5, 7, SCDPW High Suffolk County Long
Shallow 9, 14, 15 term
Groundwater
NYS
1, 7, 5, 10, Agriculture Village; NYS Agriculture Short
13, 15, 16 & Markets; Low & Markets; USDA Term
USDA (APHIS)
(APHIS)
Implement tree
management Nor'Easters,
programs and Severe
augment existing Winter
programs, including Storms,
containment of Asian Hurricane,
Beetle, and Flooding,
measures to improve Severe
post-disaster debris Storms
management
1, 2, 4, 7, Short
All Hazards 9, 15 VILLAGE Low Village; NYSDOS Term
Support/enhance
Building and/or Flood
code enforcement
programs at the local
level public education
and awareness of
current codes
institute a stream- Nor'Easters;
clearing program to Coastal
restore habitats of Erosion; 2, 5, 7, 8, NYSDEC,
SCDPW
tidal tdbutades and Hurdcane; 10, 11, 13, Vector
freshwater dvers by Flooding; 15, 16 Control
reducing invasive Severe
species, trash, Storms;
Possible PDM Long
Low
application Term
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.2-15
DRAFT- September 2007
SECTION 9.2: VILLAGE OF AMITYVILLE
excess sediment, etc. Shallow
to increase natural Groundwater
and municipal
drainage capabilities
Encourage staff and
consultants in to
learn FEMA- All Hazards 1, 3, 5, 7, Low Village Short
sponsored cost- 15, 16 Term
benefit analysis
Nor'Easters,
Coastal
Design or enhance
existing municipal Erosion,
drainage systems to Hurricane,
provide increased Flooding,
Severe
capacity of the Storms,
drainage system
Shallow
Groundwater
2,5, 10, 11, Village Medium Village; Possible PDM Long
13, 15, 16 application Term
Continue a program, Nor'easters,
in cooperation with Severe
existing US Winter
Ags/Markets Storms;
programs, to inform Hurricanes,
and certify Severe
contractors for debris Storms,
removal operations in Asian Beetle
the quarantine area Infestation
State
1, 2; 3, 7, Agriculture Medium State Agriculture & Short
10, 15, 16 & Markets Markets Term
Nor'Easters,
Coastal
Elevate roads that Erosion,
are vital/critical to Hurricane,
evacuation and local Flooding,
community Severe
operations Storms,
Shallow
Groundwater
2, 13, 14, Village High Possible PDM Long
15, 16 application Term
Participate in Nor'Easters,
homeowner
Coastal
partnership program Erosion,
to elevate vulnerable Severe
properties in high risk Storms,
areas impacted by Hurricane,
coastal storms, Flooding,
surface flooding, Shallow
and/or shallow
Groundwater
groundwater
1, 2, 3, 4, Federal PDM funding; Long
7, 9 FEMA High Homeowner Cost Share term
Develop a post-
disaster action plan
for coastal storm
events that will
address the local
government
operations post
disaster.
All Hazards 2, 3, 7, 12, Long
14, 16 Village High NYSDOS Term
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.2-16
DRAFT - September 2007
SECTION 9.2: VILLAGE OF AMITYVILLE
Nor'Easters,
Consider Iow-density Coastal
land use in high dsk Erosion,
coastal, surface Hurricane,
water and Flooding,
groundwater zones. Shallow
Groundwater
6,7
Continue to develop,
enhance and
implement existing
emergency response
plans to utilize new
and developing
technology/
information as it
becomes available.
All Hazards
1,3,7,12,
13, 14, 15,
16
Low Village Long
term
Short
Village Low Village Term
Nor'Easters;
Coastal
Promote the Erosion;
purchase of Flood Hurricane;
Insurance Flooding;
Severe
Storms
1,7,9,15
Nor'Easters;
Educate the public on Coastal
ways to protect their Erosion;
property before and Severe
during natural events, Winter
and what they can Storms;
acquire to install Hurricane;
appropriate property Flooding;
protection measures Severe
Storms
1,7,9,15
FEMA Short
NFIS Low Village Term
FEMA Village; partner with Short
NFIS Low community Term
organizations/businesses
Increase public
education and
notification
concerning Asian
Beetle Infestation,
including production
and distribution of
maps of affected
areas
Asian Beetle 1, 3, 7, 8, US Ags & Low Village Short
Infestation 10, 15 Markets Term
Consider non-
structural flood
hazard mitigation
alternatives for at dsk
properties within the
floodplain, including
those that have been
identified as
repetitive loss, such
as
acquisition/relocation,
or elevation
depending on
Nor'Easter, 1, 2, 7, 9, General Fund, FEMA Long
Hurricane, 15 Village High Hazard Mitigation Grant term,
Severe Funding DOF
Weather
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.2-17
DRAFT- September 2007
SECTION 9.2: VILLAGE OF AMITYVILLE
feasibility. The
parameters for
feasibility for this
initiative would be:
funding, benefits
versus costs and
willing participation of
property owners.
Consider
participation in
incentive-based
programs such as
CRS and "Storm
Ready"
Develop a post-
disaster action plan
for coastal storm
events that will
address the
continuity of local
government
operations, such as
operations of the
Village Clerk, post
disaster
Flood,
Nor'Easter, Long
Hurricane, 4, 9 Village High Village Term
Severe
Weather
Long
All Hazards 7, 12, 13 Village, High Village, Town term,
Town DOF
Notes: Short term = I to 5 years. Long Term= 5 years or greater. OG = On going program. DOF = Depending on fimding. SC = Suffolk County. PDM
' = Pre-Disaster Mitigation Grant Program.
DMA 2000 Hazard Mitigation Plan - Sulfolk County, New York 9.2-18
DRAFT- September 2007
SECTION 9.2: VILLAGE OF AMITYVILLE
PRIORITIZATION OF MITIGATION INITIATIVES
VA-1
VA-2
VA-3
VA-4
VA-5
VA-6
VA-7
va-8
VA-9
VA-10
VA-11
VA-12
VA-13
High
High
Possible PDM
High Y Y N application Low
Town, Village,
NYSDOT,
NYSDEC,
High Y Y N SCDPW, Medium
possible PDM
application
Federal &
State
Budgeted
High High Y N N Expenses, Medium
Congressionall
y-approved
yearly
Town; Village,
NYS
Medium Low Y Y Y Agriculture & Medium
Markets;
USDA (APHIS)
Medium Low Y Y N Village; Medium
NYSDOS
Medium Low Y Y N Possible PDM Medium
application
Medium Low Y N N Village Medium
Village;
Medium Medium Y Y Y Possible PDM Medium
application
State
Medium Medium Y Y Y Agriculture & High
Markets
Medium High N Y N Possible PDM Low
application
Federal PDM
funding;
Medium High N N N Homeowner Low
Cost Share
Medium High N Y N NYSDOS Medium
Low Low Y N N Village Low
VA-14 Low Low Y N Y Village High
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.2-19
DRAFT- September 2007
SECTION 9.2: VILLAGE OF AMITYVILLE
VA-15 Low Y Y Y Village Medium
Village; par/net
with
VA-16 Low Y Y N community Medium
organizations/b
VA-17 Low Y Y y Town, Village Medium
of Amityville
VA-18 High Y Y N Medium
VA-19 High N N N Low
VA-20 High Y Y N Town, Villages Medium
Explanation of Priorities
*High Priority - A project that meets multiple objectives (i.e., multiple hazards), benefits exceeds cost, has
funding secured or is an on-going project and project meets eligibility requirements for the Hazard Mitigation
Grant Program (HMGP) or Pre-Disaster Mitigation Grant Program (PDM) programs. High priority projects
can be completed in the short term (1 to 5 years).
*Medium Priority - A project that meets goals and objectives, benefits exceeds costs, funding has not been
secured but project is grant eligible under, HMGP, PDM or other grant programs. Project can be comPleted in
the short term, once funding is completed. Medium priority projects will become high priority projects once
funding is secured.
*Low Priority - Any project that will mitigate the risk of a hazard, benefits do not exceed the costs or are
difficult to quantify, funding has not been secured and project is not eligible for HMGP or PDM grant
funding~ and time line for completion is considered long term (1 to 10 years). Low priority projects may be
eligible other sources of grant funding from other programs. A low priority project could become a high
priority project once funding is secured as long as it could be completed in the short term.
Prioritization of initiatives was based on above definitions: Yes
Prioritization of initiatives was based on parameters other than stated above: Not applicable.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.2-20
DRAFT - September 2007
SECTION 9,2: VILLAGE OF AMITYVILLE
FUTURE NEEDS TO BETTER UNDERSTAND RISK/VULNERABILITY
· Mitigation Plan for man-made disasters
· Better building stock and cost-of-construction data to update risk assessment
· Become part of a Town of Babylon government recovery continuity plan, working with Town, fire
districts, school districts, and other community organizations within the Village
ADDITIONAL COMMENTS
None at this time.
HAZARD AREA EXTENTANDLOCATION'
Hazard area extent and location maps have been generated for the Village of Amityville and illustrate
the probable areas impacted within the Village. These maps are based on the best available data at the
time of the preparation of this Plan, and are considered to be adequate for planning purposes. Maps have
only been generated for those hazards that can be clearly identified using mapping techniques and
technologies, and for which the Village of Amityville has significant exposure. These maps are
illustrated in the hazard profiles within Section 5.4, Volume I of this Plan.
Dk, IA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.2-21
DRAFT- September 2007
SECTION 9.3: VILLAGE OF BABYLON
VILLAGE OF BABYLON
This section presents the jurisdictional annex for the Village of Babylon.
HAZARD MITIGATION PLAN POINT OF CONTACT
Charles Gardner, DPW
153 West Main Street
Babylon, NY 11702
Phone: (631) 669-4878
Email:
Mary Beth Wright, Administrative Assistant
153 West Main Street
Babylon, NY 11702
Phone: (631) 669-1212
Emaih
VILLAGE PROFILE
Population 12, 615 as of 2000 U.S. Census
Location
The Village of Babylon is the located on the south shore and western border of Suffolk Coumy. The
Village is bordered on the south by the Atlamic Ocean. An 8.5-mile-long inhabited barrier island prevents
direct ocean wave impact along Babylon's South Shore lies between the Atlantic Ocean and the Great
South Bay. This island, known as Jones Island, was created by the Long Island State Parks Commission
from several smaller islands in the early 1900s. The waterfront area of the village is highly developed,
primarily with residences, as depicted in the aerial photographs below, showing our frontage along the
Great South Bay.
DMA 2000 Hazard Mitigation Plan -Suffolk County, New York 9.3-1
DRAFT- September 2007
SECTION 9.3: VILLAGE OF BABYLON
The Village of Babylon contains 12,615 people. Electric service is provided by the Long Island Power
Authority (LIPA); water service is supplied by the Suffolk County Water Authority. The entire village is
served by SCDPW Sewer District 3. The Village of Babylon's fire department provides protection for
village residents, as well as two fire protection districts in the Town of Babylon, on the outer beach (see
below):
The Village is characterized by many areas of high groundwater, and is served by public water. Most of
the Village has predominantly sandy soil. The climate is moderate, consistent with other coastal
communities in the Northeastern United States. Average annual rainfall has sharply increased in the past
5-10 years. Following are pictures from the Village of Babylon's Chamber of Commerce website
illustrating this "treasure on the bay":
The Village's population has increased little over the past 20 years, as most land in the village was densely
developed by 1975. Any growth in population since that time has occurred as a result of undocumented
peoples residing without local authorization, yet, under the New York State home rule system, the Village
is responsible for this population in case of natural disaster.
Though FEMA may typically consider life and safety issues beyond the jurisdiction of most hazard
mitigation plans, the mitigation planning initiative that is most important to the life and safety of our
residents could never be accounted for within any other FEMA or DHS response or preparedness plan.
Not to stray into the territory of response plans, even with the best possible evacuation plan, and an
unlimited amount of personnel to carry it out, the laws of physics still prevail. It is certainly possible, and
DMA 2000 H~aid Mitiga{ioh ~i~n ~ §~ffolk ~Ouhiy, N~ Yoik 9.3-2
~ DRAFT-September2007
SECTION 9.3: VILLAGE OF BABYLON
even probable, based on documented weather patterns, that amount of time to evacuate will far exceed the
amount of notice of a significant event. Thus, that is why the Village of Babylon turns to mitigation
efforts, because if we do not reduce the exposure and vulnerability of our mainland population and
infrastructure by securing our barrier islands, we will sustain unprecedented loss of life, destruction of
essential infrastructure, and devastation of our economy from which it will take many years to recover.
Lon9 Island's Southern
Exposure to the Atlantic
Ocean increases the severity
and multitude of natural
hazards Note typical storm
tracks (Cabrielle 2007 is
shown) do not allouv advance
notice in excess of 24 hours
Climate
Average temperatures range from the low 30's degrees Fahrenheit (°F) to mid 70's (°F). Precipitation
averages 3 to 4 inches per month. On average, snowfall is limited to November through April, with
highest accumulations in January. The humidity ranges from approximately 55% and 80% throughout the
year.
Brief History
The Village of Babylon's website describes the Villages history as follows:
The location of our Village on the Great South Bay and it's accessibility to the Atlantic Ocean has
involved the lives of those who lived here from the beginning to the present. The area known as Village
of Babylon was purchased from the Sumpwam Indians in 1670. It was known as Huntington South. The
farmers came down from Huntington to the South Bay area to harvest "salt" hay for bedding and feed for
their live stock. It was a journey so the farmers would stay a period of time before returning home.
Travelers would stop in Babylon on their three day trip to Southampton from New York City, creating
the need for stores and services. Flounder, blue fish and shellfish were abundant in the bay providing
income and sustenance for the settlers. Fresh streams from the North provided power for mills that
produced grain, lumber and paper. By 1800, Babylon became a hub of activity.
Nathanial Conklin foresaw Babylon as a thriving town He built a home for his mother on the northeast
corner of Main Street and Deer Park Avenue in 1803. Legend has it that Nat's mother was unhappy with
her home across from a tavern and compared the town with the biblical Babylon. The house now stands
[OMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.3-3
BRAFT- September 2007
SECTION 9.3: VILLAGE OF BABYLON
on th~ Northwest side'of Dee~ Park Avenue where it ~vas moved in 1871 with a cornerstone that reads
"New Babylon, This House. Built by Nat Conklin, 1803".
When the railroad arrived in the Village in 1867, it became a thriving resort area. A trolley ran from the
depot to the steamship dock where ferries sailed to the beaches. At one time there were eleven hotels in
Babylon Village.
The area called Huntington South became Town of Babylon with it own governing board in 1872. The
Village of Babylon incorporated in 1893. Following World War Il, the area burst with activity providing
homes for returning veterans. With convenient train service to New York City, commuters , then and
now, find Babylon a great place to live and raise a family. People of renown who have lived here are
Guglielmo Marconi, Robert Moses, and Robert Keeshan.
Governing Body Format
The Village has a board which will be responsible for the adoption of this Hazard Mitigation Plan. The
Village Board consists of an elected Mayor and 4 elected Trustees.
Growth/Development Trends
Based on the data tracked by the New York State Data Center, the Village of Babylon's population has.
Most of the Village's land has been developed for many years; however, the Village's capabilities to
manage and deal with future growth and development are illustrated later in this annex.
NATURAL HAZARD EVENT HISTORY SPECIFIC TO THE VILLAGE OF BABYLON
Nor'Easter/Coastal
Erosion/Flooding
Nor'Easter/Coastal
Erosion/Flooding
Nor'Easter/Coastal
Erosion/Flooding
NA Nov. 25, 1950 NA
NA Nov. 6-7 1953 NA
NA Oct. 14-16, 1955 NA
Nor'Easter/Coastal
Erosion/Flooding
Nor'Easter/Coastal
Erosion/Flooding NA Apr. 13, 1961 NA
Nor'Easter/Coastal
Erosion/Flooding DR-129 Mar. 6-8, 1962 HIGH
NA Nov. 12-13, 1968 NA
Nor'Easter/Coastal
Erosion/Flooding
Nor'Easter/Coastal
Erosion/Flooding
NA February 1969 LOW
Nor'Easter/coastal
Erosion/Flooding NA Feb. 19, 1972 HIGH
NA Nov. 7, 1973 MEDIUM
Nor'Easter/coastal
Erosion/Flooding
"The Perfect Storm")
Nor'Easter/Coastal
Erosion/Flooding
NA
Oct. 30-31, 1991
HIGH
Nor'Easter/Coastal
Erosion/Flooding DR-974 Dec. 11-14, 1992 HIGH
EM-3107 March 12-14, 1993 HIGH
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York
DRAFT- September 2007
9.3-4
Nor'Easter/Coastal
Erosion/Flooding
SECTION 9.3: VILLAGE OF BABYLON
NA Jan. 1994
Nor'EastedCoastal
DR-1083 Jan 6-8. 1996
Erosion/Flooding -
Nor'EasteflCoastal
DR-1146 Oct. 19-20, 1996
Erosion/Flooding
Nor'Easter/Coastal
NA March/April 1997
Erosion/Flooding
Nor'Easter/Coastal
NA Mar. 5-7, 2001
Erosion/Flooding
Nor'Easter/Coastal
NA Dec. 26, 2002
Erosion/Flooding
Nor'Easter/Coastal
NA February 2003
Erosion/Flooding
No~'Easter/Coastal NA December 2003
Erosion/Flooding
Nor'EasteflCoastal
NA February 11, 2006
Erosion/Flooding
Nor'Easter/Coastal
DR-1692 April 14-16, 2007
Erosion/Flooding
Severe Winter Storm/Hard
NA 1779-1780
Winter
Severe Winter Storm/Blizzard NA 1888
MED
LOW
MED
MED
LOW
MED
LOW
MED
MED
LOW
NA
NA
NA
$100,000
NA
NA
NA
NA
$8,500,000
NA
Severe Winter Storm/Blizzard NA Feb. 3-4, 1961
Severe Winter Storm NA Dec. 17, 1973
Severe Winter Storm/Blizzard NA Jan. 19-20, 1978
Severe Winter Storm/Blizzard NA Feb. 5, 1978
Severe Winter Storm/Blizzard NA Apr. 6, 1982
Severe Winter Storm/Blizzard NA Feb. 11-12 1983
Severe Winter Storm/Blizzard FEMA EM-3107 Mar. 1993
Severe Winter Storm/Blizzard NA Jan 6-8, 1996 (second
largest)
Severe Winter Storm/Blizzard FEMA DR-1083 Dec. 1996 $21,400,000
Severe Winter Storm/Blizzard -
FEMA EM-3184 Feb. 17-18, 2003 NA
"President's Day Storm"
Severe Winter Storm/Blizzard NA Dec. 6, 2003 NA
Severe Winter Storm NA Jan. 27-28, 2004 NA
Severe Winter Storm NA Jan. 19, 2005 NA
Severe Winter Storm/Blizzard NA Jan. 22-23, 2005 NA
Severe Winter Storm/ NA Feb. 21 - Mar. 12, 2005 NA
(5 storms)
Severe Winter Storm/ NA Feb. 11-12, 2006 NA
Hurricane/Coastal
NA August 1635 Not Available
Erosion/Flooding
Hurricane/Coastal
NA Sept. 1821 Not Available
Erosion/Flooding
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.3-5
DRAFT - September 2007
Hurricane/Coastal
Erosion/Flooding
Hurricane/Coastal
Erosion/Flooding
Hurricane/Coastal
Erosion/Flooding
NA
Hurricane/Coastal
NA
Erosion/Flooding
NA
SECTION 9.3: VILLAGE OF BABYLON
8/19/1856 Not Available
Not Available
Not Available
Not Available
Hurricane/Coastal
NA Not Available
Erosion/Flooding
Extra Tropical Depression NA Not Available
Hurricane/Coastal
Erosion/Flooding NA Not Available
Hurricane/Coastal
Erosion/Flooding -
"Long Island Express" or "Great NA HIGH
Hurricane of '38"
Hurricane/Coastal
Erosion/Flooding - NA MEDIUM
"Great Atlantic Hurricane'
Hurricane Carol
Coastal Erosion/Flooding DR-26 LOW
Hurricane - Diane
Coastal Erosion/Flooding DR-45 HIGH
Hurricane - Esther
Coastal Erosion/Flooding NA LOW
Hurricane Agnes NA HIGH
Coastal Erosion/Flooding
Hurricane Belle
Coastal Erosion/Flooding DR-520 LOW
Hurricane- Cindy
Coastal Erosion/Flooding ) NA MEDIUM
Hurdcane - Gloda
Coastal Erosion/Flooding DR-750 LOW
Hurricane Felix
Coastal Erosion/Flooding NA LOW
Tropical Storm Bertha
Coastal Erosion/Flooding NA LOW
Tropical Storm Josephine
Coastal Erosion/Flooding NA LOW
Tropical Stm - Floyd DR-1296 LOW)
Coastal Erosion/Flooding
Sept. 16, 1858
11/1/1861
6/17/1886
9/6/1888
10/14/1900
9/8/1934
Sept. 21, 1938
Sept. 14, 1944
Aug. 31, 1954
Aug. 12-19, 1955
9/21 / 1961
June 22, 1972
Aug. 10, 1976
1982
(1 of top 3 erosion
events)
Oct. 18, 1985
Aug. 14, 1995
July 13, 1996
October 8, 1996
Sept. 1999
October 2005
Remnants of Hurricane
Wilma/Flooding/Shaltow
Groundwater
Long Island was
just shy of Disaster
Declaration, but
homeowners were
offered assistance
in the form of SBA
Loans
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York
DRAFT- September 2007
MEDIUM
9.3-6
SECTION 9.3: VILLAGE OF BABYLON
Notes: N/A = Not applicable.
Damage Estimates indicated as high {> 30% total replacement cost), medium ( 15-29% IRC). or low (<15% IRC)
Number of FEMA Identified Repetitive Flood Loss Properties: 114
Due to the geographical exposure of Babylon's shoreline, and the dense development along the Great
South Bay frontage, even the slightest natural events can cause extensive disruption to the economy. For
example, the Village of Babylon experiences impact to its roadways and drainage infrastructure
approximately once a month, when the cycle of the moon causes a "high high tide". Pictured below are '
the mainland results of a minor Nor'Easter, April 15, 2007 (DR-1692):
The damage to the mainland and to Jones Island (pictured above and below) while significant, is minor
compared to the historical impact of Nor'Easters on the Village of Babylon. Due to our coastal
vulnerability to north-easterly winds, 21 of the 26 events described in the Volume table entitled
"Nor'Easter Events between 1931 and 2006" impacted our Village. Though precise data is not available
for all storms, local emergency management officials estimate that 12 of the Nor'Easters experienced
caused property, infrastructure and economic damage exceeding 30% of the Town's total replacement cost
for the years of the events. Of particular note is that the Village of Babylon participated in all six of the
Presidential Disaster Declarations for Nor'Easter events in Suffolk County, and even had to evacuate over
people for "The Storm of the Century" which occurred March 1993 (DR-974).
Accompanying Nor'Easters, and all other coastal storms, is Coastal Erosion. Due to the southerly-facing
coast and the geology of the sand, erosion and accretion occur on a daily basis guided by wind and wave
directions. The erosion along Jones Island exceeds the accretion, as man-made structures, erected along
our coastline throughout history, have disturbed the littoral drift of necessary sediments that would ensure
accretion along Jones Island. General descriptions of this hazard propagated in Volume I are not typical of
Jones Island (Gilgo Beach), as we may suffer erosion losses of 5 feet per minor coastal event, including
nor'easters. In fact, it is likely that Jones Island experiences one of the highest erosion rates along the
entire Eastern seaboard. Erosion of Jones Island is an on-going event which can only be measured by day-
to-day weather events. Refer to documentation in USACE projects from 1987 to present for further
scientific analysis.
The coastal erosion threatening our barrier island endangers not merely our beaches or residences or a vital
New York State Commuter Route. Should the island become structurally unsound, the only sewer outfall
pipe for a Suffolk County sewage treatment plant serving over half of our population and commerce will
fail, requiring expensive re-routing and reconstruction. But even should the sewer pipe be lost, the safety
and welfare of the number of citizens directly physically endangered by any major coastal event, including
[DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.3-7
DRAFT - September 2007
SECTION 9.3: VILLAGE OF BABYLON
nor'easters, rises from a few hundred people to our entire population. Depicted below is an example of
how quickly erosion can occur. The seaward portion of dunes pictured existed just prior to DR-1692.
Exposed by the recent erosion is an oil tank left behind by the US Coast Guard when the Gilgo Station was
demolished in 1980s.
As Nor'Easters and Coastal Erosion occur quite frequently, considering the damage that may be sustained
by the violent winds and flooding associated with hurricanes and other tropical cyclones paints an ominous
picture of Long Island's future. Long Island, and the Village of Babylon in particular, has experienced
only a minor portion of the damage amounts from Presidential Disaster Declarations that affected Long
Island since 1954. Many of the worst hurricane events (i.e. 1938) hit well before the majority of
development in Babylon, which occurred post- World War II. In the case of Hurricane Gloria, she hit
Babylon at low tide, sparing our citizens from widespread coastal flooding.
While Volume I contains a complete analysis of the natural hazard for Suffolk County in general, it is
important to note the population analyses contained there-in indicate that ail of the population within the
Village would require evacuation to a jurisdiction north of the Village for a Category 2 or greater
Hurricane. Babylon's Fire operations would be very limited during a significant coastal event, and we
would have to rely on the Town of Babylon for their support. HAZUS analysis in Volume I supports local
knowledge that local emergency operations and fire/rescue efforts will most likely be severely disabled for
several days.
It is because of these predictions, and other local emergency planning activities and mapping, that Jones
Island is the best protection the Village has to mitigate the effects of hurricanes and tropical cyclones by
increasing the amount of time available to transport and shelter residents, and to reduce the amount flood
waters inundating streets and critical response facilities. Pictured below is are examples of maps created
by Town of Babylon emergency preparedness, on the Village's behalf, to more clearly understand affected
population and aid in mitigation efforts:
DMA 2000 Hazard Mitigation Plan- Suffolk County, New York 9.3-8
DRAFT - September 2007
SECTION 9.3: VILLAGE OF BABYLON
Asian Beetle Infestation (Risk Ranking
Though the Asian Beetle infestation has relatively low impacts on the Town and Villages compared to the
other hazards, mitigation strategies for any natural hazards involving wind, and hence tree, damage must
be modified to account for the infestation. Pictured below is the border (purple) of the Asian Beetle
Quarantine Area, with respect to the borders (black) of both Village of Amityville and Village of Babylon.
NATURAL HAZARD RISK/VULNERABILITY RISK RANKING
1 Nor'Easters (extra- lO0-year*: $63,874,000 - Frequent 45
tropical cyclones, $91,003,000
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.3-9
DRAFT- September 2007
SECTION 9.3: VILLAGE OF BABYLON
including severe winter
Iow-pressure systems)
Coastal Erosion
Severe Winter Storm
(heavy snow,
blizzards, ice storms)
Hurricane (tropical
cyclones, including
tropical storms and
tropical depressions)
500-year*: $583,168,000 -
$645,012,000
Damage estimate not available. Frequent
Damage estimate not available. Frequent
100-yea~:$63,874,000-
$91,003,000
500-yea~:$583,168,000-
$645,012,000
39
39
Occasional 36
Flooding (riverine,
flash, coastal, urban 100-year**: $6,558,000
flcoding and elevated 500-year**: $7,817,000 Frequent 30
groundwater)
Severe Storms
6 (windstorms,
thunderstorms, hail, Damage estimate not available. Frequent 27
lightning and tornado)
7 Shallow Groundwater Damage estimate not available. Frequent 18
8 Groundwater
Contamination Damage estimate not available. Occasional 14
9 Asian Beetle
Infestation Damage estimate not available. Frequent 3
10 Wildfire Damage estimate not available. Rare 0
10 Drought Damage estimate not available. Rare 0
a. Building damage ratio estimates based on FEMA 386-2 (August 2001)
b. Frequent=- Hazard event that occurs more frequently than once in 10 years, Occasional=Hazard event that
occurs from once in 10 years to once in 100 years, Rare=Hazard event that occurs from once in 100 years to
once in 1,000 years, None= Hazard event that occurs less frequently than once in 1,000 years
c. The probability of occurrence for these events is weighted at "0" due to no exposure
* Estimated building replacement value (structure and contents) damaged by the 100-year and 500-year
hurricane-related winds and storm surge events as calculated using HAZUS-MH (custom methodology
explained in Section 5.4, Volume I in the Hurricane hazard profile).
* * Estimated building replacement value (st~'ucture and contents) damaged by a 100-year and 500-year flood event
as calculated by HAZUS-MH.
CAPABILITY ASSESSMENT
This section identifies the following capabilities of the local jurisdiction:
· Legal and regulatory capability
· Administrative and technical capability
Fiscal capability
· Community classification.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.3-10
DRAFT - September 2007
SECTION 9.2: VILLAGE OF BABYLON
~abilitv
1) Building Code
Z) Zoning Ordinance
3) Subdivision Ordinance
Y
Y
Y
4) Special Purpose Ordinances
(floodplain management, critical ¥ Y
or sensitive areas)
5) Growth Management Y N
6) Floodplain Management/Basin y y
Plan
8) General Plan or
Comprehensive Plan
Village has adopted International
Building Code
Suffolk County Planning
Commission has review authority
on certain actions. If they
disapprove an action, Village
Zoning Board must approve with a
greater majodty & present findings.
Suffolk County Planning
Commission has review authority
on certain actions. If they
disapprove an action, Village
Board/ Village Zoning Board/
Village Planning Board must
approve with a greater majority &
~resent findings. NYS Subdivision
laws provide a general framework,
but allow room for local ordinances
and interpretation.
adopted pursuant to NYS Phase II
7) Storrnwater Management y Y implementation of the Federal
Plan/ordinance Clean Water ACt
y y Completed per state mandate
9) Capital Improvements Plan
10) Site Plan Review
Requirements
SEE
Y COMMENT
y y*
y y*
Y N
y y*
¥ Y*
Y N
Y N
SEE
N COMMENT
y y*
y y*
Y N
Y N
N
N
Y
14) Shoreline Management Plan
Y
11 ) Habitat Conservation Plan Y Y
12) Economic Development Plan Y N
13) Emergency Response Plan Y N
Y Y
Suffolk County Planning
Commission has review authority
on certain actions. If they
disapprove an action, Village
Boards must approve with a
greater majodty & present findings
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.3-1
DRAFT- September 2007
SECTION 9.2: VILLAGE OF BABYLON
15) Post Disaster Recovery Plan
16) Post Disaster Recovery
Ordinance Y N N N
17) Real Estate Disclosure req. N
18) Other y
*Note: NYSDEC, NYSDOS, NYSDOT, SCDPW, SCDHS have permitiing authority over some hctions occurring as a result of
local regulations.
DMA 2000 Ha~aid ~iti~ii~n Pi~
9.3-12
DRAFT - September 2007
SECTION 9.2: VILLAGE OF BABYLON
Administrative and Technical Capabili~'
1) Planner(s) or Engineer(s) with knowledge of land
development and land management practices
2) Engineer(s) or Professional(s) trained in
construction practices related to buildings and/or
infrastructure
3) Planners or engineers with an understanding of
natural hazards
4) Floodplain Manager
5) Surveyor(s)
6) Personnel skilled or trained in "GIS" applications
7) Scientist familiar with natural hazards in Suffolk
County.
8) Emergency Manager
9) Grant Writer(s)
10) Staff with expertise or training in benefit/cost
analysis
Contract Planners/Engineers
Contract Engineers
Contract Planners/Engineers
Contract Surveyors
Town supplies GIS Maps on an informal basis
for emergency preparedness and fire protection
needs
Contract GIS available
Mayor
Assistant to'Mayor
Assistant to Mayor
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.3-13
DRAFT- September 2007
SECTION 9.2: VILLAGE OF BABYLON
Fiscal CapabiliD,
1) Community development Block Grants (CDBG)
Yes, have utilized in the past
2) Capital Improvements Project Funding Yes, have utilized in the past
3) Authority to Levy Taxes for specific purposes Yes, have utilized in the past
4) User fees for water, sewer, gas or electric service No
5) Impact Fees for homebuyers or developers of new Yes, have utilized for traffic safety measures, optical pre-
development/homes eruption, and roadway improvements
6) Incur debt through general obligation bonds Yes, have utilized in the past
7) Incur debt through special tax bonds Yes, have utilized in the past
8) Incur debt through private activity bonds No
9) Withhold public expenditures in hazard-prone areas No
10) State sponsored grant programs Yes, have utilized in the past
FEMA sponsored grant funding
~1) Other County sponsored grant funding for roadways
improvements and stormwater remediation
Community. Classifications
Community Rating System (CRS) Not Participating N/A
Building Code Effectiveness Grading Schedule (BCEGS) 4/4 2005
Public Protection 3/9
Storm Ready Not Participating N/A
Firewise Not Participating N/A
· Higher classification applies to when subject property is located beyond 1000 feet of a creditable
fire hydrant and is within 5 road miles of a recognized Fire Station.
· N/A = Not applicable. - = Unavailable.
The above referenced classifications can be viewed as a gauge of this community's capabilities in all
phases of emergency management (preparedness, response, recovery and mitigation). These
classifications are used as an underwriting parameter for determining the costs of various forms of
insurance. The CRS class applies to flood insurance while the BCEGS and Public Protection
classifications apply to standard property insurance. Classifications range on a scale of 1 to 10 with
class one being the best possible classification, and class 10 representing no classification benefit.
Criteria for classification credits are outlined in the following documents:
· The Community Rating System Coordinators Manual
· The Building Code Effectiveness Grading Schedule
· The Fire Suppression Rating Schedule
DRAFT- September 2007
SECTION 9.2: VILLAGE OF BABYLON
Proposed Hazard Mitigation Initiatives
increase
structural stability
and drainage Nor'Easters;
capacity of Coastal
culverts spanning Erosion;
tribal tributaries Flooding;
and supporting Shallow
critical evacuation Groundwater
and response
routes
Re-design and re-
enforce
dams/spillways
supporting man-
made lakes out of Nor'Easters;
freshwater Coastal
streams and tidal Erosion;
tributaries to Hurricane;
reduce risk of Flooding;
failure, increase Severe
stormwater Storm;
retention, and Shallow
reduce upstream Groundwater
flooding, and
protect critical
evacuation and
response routes
NYSDOT,
NYS
2, 5, 7, 12, Parks, Possible PDM Long
13, 14, 15, SCDPW High application Term
16 Highways
NYS'DEC
Town, Town, Village,
2, 5, 7, 8, Villages, NYSDOT, Long
10, 11, 13, NYSDOT, High NYSDEC, SCDPW, Term
14, 15, 16 NYSDEC, possible PDM
SCDPW application
Re-design and re-
enforce
dam/spillway at Nor'Easters;
Argyle Lake to Coastal
reduce risk of Erosion;
failure, increase Hurricane;
atormwater Flooding;
retention, and Severe
reduce upstream Storm;
flooding, and Shallow
protect critical Groundwater
evacuation and
response routes
Village of Town, Villages,
Babylon, NYSDOT,
2, 5, 7, 8, Town,
10, 11, 13, NYSDOT, High NYSDEC, SCDPW,
14, 15, 16 possible PDM
NYSDEC, application
SCDPW
Long
Term
Nor'Easters;
Dredging of Hurricane;
mouths of tidal Flooding; 2, 3, 5, 7, 9, SCDPW High Suffolk County Long term
tributaries Shallow 14, 15
Groundwater
Implement tree Nor'Easters, NYS
management Severe Agricultur Village; NYS
programs and Winter 1, 7, 5, 10, e & Low Agriculture &
augment existing Storms, 13, 15, 16 Markets; Markets; USDA
programs, Hurricane, USDA (APHIS)
including Flooding, (APHIS)
Short
Term
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.3-15
DRAFT- September 2007
SECTION 9.2: VILLAGE OF BABYLON
containment of Severe
Asian Beetle, and Storms
measures to
improve post-
disaster debris
management
Support/enhance
Building and/or
Flood code
enforcement
programs at the
local level public
education and
awareness of
current codes
All Hazards
1,2, 4, 7, 9, VILLAGE Low Village; NYSDOS Short
15 Term
Institute a stream-
clearing program
to restore habitats Nor'Easters;
of tidal tributaries Coastal
and freshwater Erosion;
rivers by reducing Hurricane;
invasive species, Flooding;
trash, excess Severe
sediment, etc. to Storms;
increase natural Shallow
and municipal Groundwater
drainage
capabilities
Encourage staff
and consultants in
to learn FEMA-
sponsored cost-
benefit analysis
Ail Hazards
2, 5, 7, 8, NYSDEC,
SCDPVV Possible PDM Long
10, 11, 13, Vector Low
application Term
15, 16 Control
1,3, 5, 7, Short
15, 16 Low Village Term
Nor'Easters,
Design or
Coastal
enhance existing Erosion,
municipal Hurricane,
drainage systems Flooding,
to provide Severe
increased
capacity of the Storms,
Shallow
drainage system Groundwater
2,5, 10, 11, Village Medium Village; Possible Long
13, 15, 16 PDM application Term
Continue a
program, in Nor'easters,
cooperation with Severe
existing US Winter
Ags/Markets Storms;
programs, to Hurricanes,
inform and certify Severe
contractors for Storms,
debris removal Asian Beetle
operations in the Infestation
quarantine area
State
1, 2, 3, 7, Agricultur Medium State Agriculture & Short
10, 15, 16 e & Markets Term
Markets
Elevate roads that Nor'Easters, 2, 13, 14, Village High Possible PDM Long
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.3-16
DRAFT- September 2007
SECTION 9.2: VILLAGE OF BABYLON
are vital/critical to Coastal
evacuation and Erosion,
local community Hurricane,
operations Flooding,
Severe
Storms,
Shallow
Groundwater
15, 16 application Term
Participate in
homeowner
Nor'Easters,
partnership Coastal
program to Erosion,
elevate vulnerable
Severe
properties in high Storms,
risk areas
impacted by Hurricane,
Flooding,
coastal storms, Shallow
surface flooding, Groundwater
and/or shallow
groundwater
Develop a post-
disaster action
plan for coastal
storm events that
All Hazards
will address the
local government
operations post
disaster.
Federal PDM
1, 2, 3, 4, 7, FEMA High funding; Long term
9 Homeowner Cost
Share
2, 3, 7, 12, Village High NYSDOS Long
14, 16 Term
Consider Iow- Nor'Easters,
density land use Coastal
in high risk Erosion,
coastal, surface Hurricane,
water and Flooding,
groundwater Shallow
zones. Groundwater
6, 7 Low Village Long term
Continue to
develop, enhance
and implement
existing
emergency
response plans to
utilize new and
developing
technology/
information as it
becomes
available.
1, 3, 7, 12, Short
All Hazards 13, 14, 15, Village Low Village Term
16
Nor'Easters;
Coastal
Promote the Erosion; FEMA Low Village Short
purchase of Flood Hurricane; 1, 7, 9, 15 NFIS Term
Insurance Flooding;
Severe
Storms
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.3-17
DRAFT- September 2007
SECTION 9.2: VILLAGE OF BABYLON
Educate the
public on ways to Nor'Easters;
protect their Coastal
property before Erosion;
and dudng natural Severe
events, and what Winter
they can acquire Storms;
to install Hurricane;
appropriate Flooding;
property Severe
protection Storms
measures
Increase public
educatlt)n and
notification
concerning Asian
Beetle Infestation,
including
production and
distribution of
maps of affected
areas
Consider non-
structural flood
hazard mitigation
alternatives for at
risk properties
within the
floodplain,
including those
that have been
identified as
repetitive loss,
such as
acquisition/relocat
ion, or elevation
depending on
feasibility. The
parameters for
feasibility for this
initiative would
be: funding,
benefits versus
costs and willing
participation of
property owners.
Consider
participation in Flood,
incentive-based Nor'Easter,
Hurricane,
programs such as
CRS and "Storm Severe
Ready." Weather
Village; partner
FEMA with community Short
1, 7, 9, 15 Low
NFIS organizations/busin Term
esses
Asian Beetle 1,3, 7, 8, US Ags & Short
Infestation 10, 15 Markets Low Village Term
Flood,
Nor'Easter, General Fund,
Hurricane, 1, 2, 7, 9, FEMA Hazard Long
Severe 15 Village High Mitigation Grant term, DOF
Weather Funding
Long
1, 3, 4, 9 Village High Village Term
Develop a post-
disaster action All Hazards 7, 12, 13 Village, High Village, Town Long
plan for coastal Town term, DOF
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.3-18
DRAFT- September 2007
SECTION 9.2: VILLAGE OF BABYLON
storm events that
will address the
continuity of local
government
operations, such
as operations of
the Village Clerk,
post disaster
Notes: Short term I to 5 years. Long Term= 5 years or greater. OG = On going program. DOF Depending on funding. SC = Suffolk
County. PDM Pre-Disaster Mitigation Grant Program.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.3-19
DRAFT - September 2007
SECTION 9.2: VILLAGE OF BABYLON
PR1OR1TIZATION OF MITIGATION INITIATIVES
8 High High Y Y N Possible PDM Low
application
NYSDOT,
10 High High Y Y N NYSDEC,
SCDPW, Medium
possible PDM
application
Federal &
State
Budgeted
8 High High Y N N Expenses, Medium
Congressionall
y-approved
yearly
Town; Village,
NYS
7 Medium Y Y Y Agriculture & Medium
Markets;
USDA (APHIS)
6 Medium
BV-6 8 Medium
BV-7 6 Medium
BV-8 7 Medium
BV-9 7 Medium
BV-10 5 Medium
BV-11
BV-12
BV-13
BV-14
Medium
High
High
Y Y N Village; Medium
NYSDOS
Y Y N Possible PDM Medium
application
Y N N Village Medium
Village;
Y Y Y Possible PDM Medium
application
State
Y Y Y Agriculture & High
Markets
N Y N
N
Possible PDM
application
Federal PDM
funding;
Homeowner
Cost Share
Low
Low
Medium High N Y N NYSDOS Medium
Low Low Y N N Village Low
Low Low Y N Y Village High
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.3-20
DRAFT- September 2007
SECTION 9.2: VILLAGE OF BABYLON
BV-15
BV-16
BV-17
BV-18
BV-19
BV-20
Low Low
Low Low
Y Y Y Village Medium
Village; partner
with
Y Y N community Medium
organizations/b
usinesses
Low Low Y Y y Town, Village Medium
of Babylon
High High Y' Y N Medium
Low High N N N Low
High High Y Y N Town, Villages Medium
Explanation of Priorities
· High Priority - A project that meets multiple objectives (i.e., multiple hazards), benefits
exceeds cost, has funding secured or is an on-going project and project meets eligibility
requirements for the Hazard Mitigation Grant Program (HMGP) or Pre-Disaster Mitigation
Grant Program (PDM) programs. High priority projects can be completed in the short term (1 to
5 years).
· Medium Priority - A project that meets goals and objectives, benefits exceeds costs, funding
has not been secured but project is grant eligible under, HMGP, PDM or other grant programs.
Project can be completed in the short term, once funding is completed. Medium priority projects
will become high priority projects once funding is secured.
· Low Priority - Any project that will mitigate the risk of a hazard, benefits do not exceed the
costs or are difficult to quantify, funding has not been secured and project is not eligible for
HMGP or PDM grant funding, and time line for completion is considered long. term (1 to 10
years). Low priority projects may be eligible other sources of grant funding from other
programs. A low priority project could become a high priority project once funding is secured as
long as it could be completed in the short term.
Prioritization of initiatives was based on above definitions: Yes
Prioritization of initiatives was based on parameters other than stated above: Not applicable.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.3-21
DRAFT - September 2007
SECTION 9.2: VILLAGE OF BABYLON
FUTURE NEEDS TO BETTER UNDERSTAND RISK/VULNERABILITY
· Mitigation Plan for man-made disasters
· Better building stock and cost-of-construction data to update risk assessment
· Become part of a Town of Babylon government recovery continuity plan, working with Town, fire
districts, school districts, and other community organizations within the Village
ADDITIONAL COMMENTS
None at this time.
HAZARD AREA EXTENT AND LOCATION
Hazard area extent and location maps have been generated for the Village of Babylon and illustrate the
probable areas impacted within the Village. These maps are based on the best available data at the time
of the preparation of this Plan, and are considered to be adequate for planning purposes..Maps have only
been generated for those hazards that can be clearly identified using mapping techniques and
technologies, and for which the Village of Babylon has significant exposure. These maps are illustrated
in the hazard profiles within Section 5.4, Volume i of this Plan.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.3-22
DRAFT- September 2007
SECTION 9.4: VILLAGE OF BELLPORT
VILLAGE OF BELLPORT
This section presents the jurisdictional annex for the Village of Bellport.
HAZARD MITIGATION PLAN POINT OF CONTACT
Donald A. Mullins, Director of Code Enfomement
29 Bellport Lane
Bellport, NY 11713
Phone: (631) 286-0327
E-mail: cod e~,bellport villacle.orq
Roger A. Terrel, Village Clerk
29 Bellport Lane
Bellport, NY 11713
Phone: (631) 286-0327
E-maih clerk~bellportvillaqe.org
~qLLAGE PROFILE
Population Approximately 2,363 residents (U.S. Census 2000); Increases in summer months
LocaNon
Bellport Village is located on the south shore within the Town of Brookhaven, Suffolk County, N.Y. The
Village is on the Great South Bay only 2.2 miles from the Atlantic Ocean.
Climate
The Village of Bellport enjoys a moderate climate with average low temperatures in the 30's degrees
Fahrenheit (°F) and average high temperatures in the mid 70's (°F). Precipitation averages between 3.0 to
4.5 inches per month with the most precipitation occurring in the month of March. On average, snowfall is
limited to November through April, with highest accumulations in January. The humidity ranges between
55 and 80% throughout the year.
Brief History
Bellport was named after the Bell family, early settlers. The village which consists of 1.5 square miles was
incorporated in 1910.
The Village Golf Course and Country Club over look the Great South Bay. The Village Golf Course was
established in 1899. The newly renovated course is rated as one of the finest on Long Island. Memberships
are open to residents and non-residents.
The Village is a center stage for art, culture and recreation such as sailing, tennis, golf and a fine array of
homes, new and old. The business district is a quaint downtown shopping area consisting of shops, art
galleries, antique stores, and essential stores for all your needs and many fine restaurants.
A Village owned ferry provides transportation to the ocean beach and marina. Located on the bay side is
'the Bellport Village Marina where slips are provided for private boats. Also located on the bay side is
"Mother's Beach". It is au ideal facility for children as well as adults. A band shell provides quality
entertainment throughout the summer months.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.4-1
DRAFT - September 2007
SECTION 9.4: VILLAGE OF BELLPORT
Governing Body Format
The local governing body consists of the Mayor and a Board of Trustees consisting of 4 trustees. The
Mayor and Trustees each get I vote. This governing body will assume the responsibility of adopting and
implementing the pre-disaster mitigation plan.
Growth/Development Trends
Based on the data tracked by the New York State Data Center, The Village of Bellport has experienced a
declining rate o£ growth over the past 15 years. The overall population has decreased by 1.27% since 2000
and has averaged 0.58% decrease per year from 1990 to 2006. Even though the resident population has
been decreasing, Bellport's "serviced" population significantly increases during the summer months due to
tourism. With this rate of growth, the anticipated development trends for Bellport are considered low. The
Village's capabilities to manage and deal with future growth and development are illustrated later in this
annex.
NATURAL HAZARD EVENT HISTORY SPECIFIC TO THE VILLAGE OF BELLPORT
Coastal
Storm/Erosion/Flooding N/A 7/18/07 $56,000
4/14-
4/18/07
Nor'Easter/Erosion/Flooding DR 1692 $484,000
Coastal 1/18-
Storm/Erosion/Flooding N/A 1/19/06 Not Available
Hurricane
Bob/Erosion/Flooding DR 918 9/16/91 Not Available
Hurricane
Gloria/Erosion~Flooding DR 750 10/18/85 Not Available
Notes: N/A = Not applicable.
Number of FEMA Identified Repetitive Flood Loss Properties: 2
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.4-2
DRAFT- September 2007
SECTION 9.4: VILLAGE OF BELLPORT
NATURAL HAZARD RISK~VULNERABILITY RISK RANKING
100-year*: $42,771,000-
$44,523,000
Nor'easters Frequent 54
500-year*: $224,556,000 -
$229,422,000
Severe Winter Storms Not available/unable to quantify Frequent
Severe Storms Not available/unable to quantify Frequent
$229,4 million
54
48
100-year*: $42,771,000 -
Hurricane $44,523,000 Occasional
500-year*: $224,556,000 -
$229,422,000
36
Coastal Erosion Not available/unable to quantify
$41.18 million
Occasional
24
18
Flooding 100-year**: $121,000 Frequent
Shallow Groundwater
Groundwater
contamination
Infestation
Drought
Wildfire
500-year**: $315,000
Not available/unable to quantify Frequent 18
Not available/unable to quantify Frequent 12
Not available/unable to quantify Occasional 8
Not available/unable to quantify Occasional 3
Not available/unable to quantify Rare 0
a. Building damage ratio estimates based on FEMA 386-2 (August 2001 )
b. Frequent=- Hazard event that occurs more frequently than once in 10 years, Occasional-Hazard event that
occurs from once in 10 years to once in 100 years, Rare-Hazard event that occurs from once in 100 years to
once in 1,000 years, None= Hazard event that occurs less frequently than once in 1,000 years
c. The probability of occurrence for these events is weighted at "0" due to no exposure
* Estimated building replacement value (structure and contents) damaged by the 100-year and 500-year
hurricane-related winds and storm surge event as calculated using HAZUS-MH (custom methodology
explained in Section 5.4, Volume I in the Hurricane hazard profile).
** Estimated building replacement value (structure and contents) damaged by a 100-year and 500-year flood event
as calculated by HAZUS-MH.
CAPABILITY ASSESSMENT
This section identifies the following capabilities of the local jurisdiction:
· Legal and regulatory capability
· Administrative and technical capability
· Fiscal capability
· Community classification.
{DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.4-3
DRAFT- September 2007
SECTION 9.4: VILLAGE OF BELLPORT
Legal and Regulato~ Capabili~'
1) Building Code
8) General Plan or
Comprehensive Plan
NY State Code and Bellport Village
Code Chapter 21, revised June
2007
Bellport Village Code Chapter 21,
revised June 2007
2) Zoning Ordinance Y N N Y
3) Subdivision Ordinance Y N N N Bellport Village Code Chapter 18,
revised 1992
4) Special Purpose Ordinances Flood Damage Prevention Ord-
(floodplain management, critical Y N N N Bellport Village Code Chapter 6,
or sensitive areas) adopted 1998
5) Growth Management N N N N
6) Floodplain Management/Basin
Plan N N N N
7) Stormwater Management Y Planning and 'code in progress
P~an/ordinance Y N (NYS Y Bellport Village Code Chapter 7
DEC) Article 1
Y N N N Plan, adopted 1989
9) Capital Improvements Plan N N N N
10) Site Plan Review Bellport Village Code Chapter 21 &
Requirements Y N N Y IBC
11) Habitat Conservation Plan N N N N
12) Economic Development Plan N N N N
13) Emergency Response Plan Y N N N Plan, adopted Oct 23, 1997
14) Shoreline Management Plan Y N N N Bellport Village Code Chapter 23
15) Post Disaster Recovery Plan N N N N
16) Post Disaster Recovery
Ordinance N N N iN
17) Real Estate Disclosure req, N N N N
18) Other N Y N Y
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.4-4
DRAFT- September 2007
SECTION 9.4: VILLAGE OF BELLPORT
Administrative and Technical CapabiliD'
1) Planner(s) or Engineer(s) with knowledge of land
development and land management practices
2) Engineer(s) or Professional(s) trained in
construction practices related to buildings and/or
infrastructure
3) Planners or engineers with an understanding of
natural hazards
4) Floodplain Manager
5) Surveyor(s)
6) Personnel skilled or trained in "GIS" applications
7) Scientist familiar with natural hazards in Suffolk
County.
8) Emergency Manager
9) Grant Writer(s)
10) Staff with expertise or training in benefit/cost
analysis
Available if needed by contract
Building Department- Chief Building Inspector
Available if needed by contract
Chief Building Inspector
Available if needed by contract
Village Clerk
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.4-5
DRAFT- September 2007
SECTION 9.4: VILLAGE OF BELLPORT
Fiscal Capabili~'
1) Community development Block Grants (CDBG)
Yes, have used in past
2) Capital Improvements Project Funding Done by Federal, State and Local Grants
3) Authority to Levy Taxes for specific purposes Yes
4) User fees for water, sewer, gas or electric service No
5) Impact Fees for homebuyers or developers of new No
development/homes
6) Incur debt through general obligation bonds Yes
7) Incur debt through special tax bonds No
8) Incur debt through pdvate activity bonds No
9) Withhol~l public expenditures in hazard-prone areas No
10) State sponsored grant programs No
11) Other Yes
Community Classifications
Community Rating System (CRS) Not Participating N/A
Building Code Effectiveness Grading Schedule (BCEGS) 5/5 2005
Public Protection 4
Storm Ready Not Participating N/A
Firewise Not Participating N/A
· Higher classification applies to when subject property is located beyond 1000 feet of a creditable
fire hydrant and is within 5 road miles ora recognized Fire Station.
· N/A = Not applicable. - = Unavailable.
The above referenced classifications can be viewed as a gauge of this community's capabilities in all
phases of emergency management (preparedness, response, recovery and mitigation). These
classifications are used as an underwriting parameter for determining the costs of various forms of
insurance. The CRS class applies to flood insurance while the BCEGS and Public Protection
classifications apply to standard property insurance. Classifications range on a scale of 1 to 10 with class
one being the best possible classification, and class 10 representing no classification benefit. Criteria for
classification credits are outlined in the following documents:
· The Community Rating System Coordinators Manual
· The Building Code Effectiveness Grading Schedule
· The Fire Suppression Rating Schedule
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.4-6
DRAFT- September 2007
SECTION 9.4: VILLAGE OF BELLPORT
Proposed Hazard Mitigation Initiatives
VBL-1
VBL-2
Update tree
management and
increase trimming
program
Update and increase
drainage maintenance
program
Hurricane,
Severe
Storms,
Nor'easter,
Severe
Winter
Storms
Hurricane,
Flood, Severe
Storms,
Severe
Winter
Storms,
Nor'easter
1,3,5,10,14,18
1,3,5,10,14,15,16
Village Highway
Dept
Village Highway
Dept.
Low
Low
General
Fund
General
Fund
Short
term, OG
Short
term,
OG
Hurricane, FEMA
Install coastal erosion Severe and Long
VBL-3 control at municipal golf Storms, 2,5,15,16 Clerks Office $417,000 NYSEMO term
course Nor'easter Grant
VBLo4
Hurricane,
Severe
Storms,
Severe
Winter
Storms,
Nor'easter,
Flood
Alt Hazards
All Hazards
All Hazards
All Hazards
Hurricanes,
Severe
Winter
Storms,
Floods and
Severe
Weather,
Nor'easter
All Hazards
VBL-5
VBL-6
1,3,5,10,11,14,15
1,3,5,7,12,14,15
2,14,15
7,12,13,14,15
1,5,14,15
5,7,14,15
All objectives
VBL-7
VBL-8
VBL-9
Clerks Office
Emergency
Manager
Emergency
Manager
Emergency
Manager
Clerks Office
Village Board
Village Council/
Update and implement
a storm water
management plan to
increase storm water
management capability
Develop public
emergency
preparedness
awareness pro~lram
Install emergency
generators at critical
facilities (Village Hall,
Community Center, &
Highway Maintenance
Building/
Increase
communications within
the Village and outside
agencies
Low
Low
Low
Low
Low
Low
Low
Develop a debris
management plan in
cooperation with the
Town, and Count~
Appoint a flood plain
manager to coordinate
with the Town and
County
General
Fund
General
Fund
State
Legislator
member
grant
Municipal
Bond
General
Fund
General
Fund
Existing
Support County-wide
VBL-10
Short
Term
Sho~
Term
Sho~
term
Short
Term
Short
Term
Short
Term
Short
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.4-7
DRAFT- September 2007
SECTION 9.4: VILLAGE OF BELLPORT
VBL-11
VBL-12
initiatives identified in
Section 6, Volume I of
the Suffolk County
Hazard Mitigation Plan.
Consider the
development of a post
-disaster action plan,
including a debds
management plan. This
to be incorporated into
existing emergency
mana~]ement plans.
Consider participation
in incentive-based
programs such as, CRS
and "Storm-Ready".
All Hazards
Nor'Easter,
Hurricane,
Severe
Weather
7,12,13
1,2,3,7,13
MPC/Suffolk
County
Emergency
Management
Public Safety/
Suffolk Co.
Emergency
Management
Village Council
Medium
Low
programs
and grant
funding
where
applicable
General
Fund,
FEMA
Hazard
M!tigation
Grant
Funding
General
fund
trough
existing
programs
Long
term,
DOF
Long
Term
Notes: Short term = I to 5 years. Long Term= 5 years or greater. OG = On going program. DOF = Depending on funding. SC = Suffolk County.
PDM = Pre-Disaster Mitigation Grant Program.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.4-8
DRAFT- September 2007
SECTION 9.4: VILLAGE OF BELLPORT
PRIORITIZATION OF MITIGATION INITIATIVES
VBL-1 High Low No Yes High
VBL-2 High Low No Yes High
VBL-3 High High Yes No High
VBL-4 High Low No Yes High
VBL-5 Low Low No Yes High
VBL-6 Low Low Yes Yes/State No High
VBL-7 Low Low Yes Yes/State No High
VBL-8 Low Low Yes No Yes High
VBL-9 Low Low Yes No Yes High
VBL-10 High Low Yes ' Yes Yes High
VBL-11 Medium Medium Yes Yes No Medium
VBL-12 Low Low Yes No
Notes: H = High. L = LOW. M = Medium. N = No. N/A = Not applicable. Y = Yes.
No Low
Explanation of Priorities
· High Priority - A project that meets multiple objectives (i.e., multiple hazards), benefits
exceeds cost, has funding secured or is an on-going project and project meets eligibility
requirements for the Hazard Mitigation Grant Program (HMGP) or Pre-Disaster Mitigation
Grant Program (PDM) programs. High priority projects can be completed in the short term (1
to 5 years).
· Medium Priority - A project that meets goals and objectives, benefits exceeds costs, funding
has not been secured but project is grant eligible under, HMGP, PDM or other grant
programs. Project can be completed in the short term, once funding is completed. Medium
priority projects will become high priority projects once funding is secured.
Low Priority - Any project that will mitigate the risk of a hazard, benefits do not exceed the
costs or are difficult to quantify, funding has not been secured and project is not eligible for
HMGP or PDM grant funding, and time line for completion is considered long term (1 to 10
years). Low priority projects may be eligible other sources of grant funding from other
programs. A low priority project could become a high priority project once funding is secured
as long as it could be completed in the short term.
Prioritization of initiatives was based on above definitions: Yes
Prioritization of initiatives was based on parameters other than stated above: Not applicable.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.4-9
DRAFT- September 2007
SECTION 9.4: VILLAGE OF BELLPORT
FUTURE NEEDS TO BETTER UNDERSTAND RISK/VULNERABILITY
· Consider participating in a comprehensive update to the intra-jurisdictional County-wide Emergency
Management Plan.
· Consider participating in a comprehensive update to the intra-jurisdictional County-wide Debris
Management Plan.
ADDITIONAL COMMENTS
None at this time.
HAZARD AREA EXTENT AND LOCATION
Hazard area extent and location maps have. been generated for the Village of Bellport and illustrate the
probable areas impacted within the Village. These maps are based on the best available data at the time
of the preparation of this Plan, and are considered to be adequate for planning purposes. Maps have only
been generated for those hazards that can be clearly identified using mapping techniques and
technologies, and for which the Village of Bellport has significant exposure. These maps are illustrated in
the hazard profiles within Section 5.4, Volume I of this Plan.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.4-10
DRAFT- September 2007
SECTION 9.5: TOWN OF HUNTINGTON
TOWN OF HUNTINGTON
This section presents the jurisdictional annex for the Town of Huntington.
HAZARD MITIGATION PLAN POINT OF CONTACT
Betty Walsh, Special Assistant to the Supervisor
100 Main Street
Huntington, NY
Phone: (631) 351-3001
E-mail: bwalshC, town.huntinqton.ny,us
Ross Baldwin, GIS Manager
100 Main Street
Huntington, NY
Phone: (631) 351-3148
E-maih
TOWN PROFILE
Population 195,289 (U.S. Census as of 2000)
Location
Huntington is a town located on the North Shore of Long Island, directly east of the county line in Suffolk
County. The town is 87,753.6 acres, which includes four (4) incorporated villages that have a combined
area of 9,873.5 acres (Village of Northport 1,609.48 acres, Village of Lloyd Harbor 6,730.49 acres, Village
of Huntington Bay 603.77 acres, Village of Asharoken 929.76 acres).
Climate
The Town of Huntington's climate is warm during summer when temperatures tend to be in the 70's (o
Fahrenheit) and very cold during winter when temperatures tend to be in the 30's (° Fahrenheit). The
warmest month of the year is July with an average maximum temperature of ~2.80° Fahrenheit, while the
coldest month of the year is January with an average minimum temperature of 25.40° Fahrenheit.
Temperature variations between night and day tend to be fairly limited during summer with a difference
that can reach 17° Fahrenheit, and fairly limited during winter with an average difference of 13°
· Fahrenheit.
The annual average precipitation at Huntington is 46.36 inches. Rainfall in is fairly evenly distributed
throughout the year. The wettest month of the year is March with an average rainfall of 4.28 inches.
Brief History
On April 2nd, 1653, when Richard Holbrook, Robert Williams and Daniel Whitehead, all of Oyster Bay,
bought from Raseokan, Sachem of the Matinecock tribe, a parcel of land that is now known as "the First
Purchase." The Oyster Bay men immediately turned the land over to a group of white men who had
already settled within its boundaries. This first purchase was bordered on the west by Cold Spring Harbor,
on the east by Northport Harbor, on the south by what is now known as Old Country Road and on the
north by Long Island Sound. As time went on, other land was purchased from the Indians, gradually
extending the limits of the town from Long lsland Sound on the north to Great South Bay on the south,
and from Oyster Bay on the west to Smithtown and Islip on the east. In 1872, part of the town was
removed to form the Town of Babylon.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.5-1
DRAFT - September 2007
SECTION 9.5: TOWN OF HUNTINGTON
When in i 664 the Duke of York became proprietor of the area formerly known as New Netherlan& he (in
the person of Governor Richard Nicholls) informed Connecticut that by virtue of his royal patent they no
longer had any claim to any territory on Long Island. Governor Nicholls summoned representatives of
each town on Long Island to meet in Hempstead early in 1665. The representatives were required to bring
with them evidence of title to their land and to receive new grants affirming that title. The Hempstead
Convention also adopted the "Duke's Laws," which regulated virtually every area of life. At this thne, too,
Long Island, Staten lsland and Westchester were formed into an entity called "Yorkshire," which was
divided into three parts, or "ridings," as land was divided in England. Suffolk County, including
Huntington, became part of the East Riding. With some modifications, including the abolition of
"Yorkshire" and "ridings." this was the form that the government of New York retained until the
Revolution.
Governor Thomas Dongan issued a patent in 1688 that confirmed the earlier Nicholls Patent. In addition, it
mandated the creation of "Trustees" to manage and distribute town-owned land. The Trustees, like other
town officials, were chosen at a Town Meeting. The Dongan Patent also authorized the creation and use of
a seal, which is still in use today.
In the years between the first settlement of the town and the start of the American Revolution, Huntington
became an established community. The earliest settlers clustered near what became known as the "town
spot", the site of the present Village Green. As the town prospered and grew, people moved to fill the
outlying areas. In addition to the many farms that were established in remote as well as central portions of
the town, the town included a school, a church, flour mills, saw mills, brickyards, tanneries, a town dock
and a fort.
Huntington's fine harbor meant that shipping became an importam part of the economy. The harbor was a
busy place, with vessels traveling not only to and from other ports along the Sound but also as far as the
West Indies. Ship making and related nautical businesses prospered, since water was for many years by fpr
the most efficient way to transport both goods and people. In the first half of the nineteenth century, Cold
Spring Harbor was a busy whaling port, second on Long Island only to Sag Harbor.
In June 1774 Huntington adopted a "Declaration of Rights" affirming "that every freemans property is
absolutely his own" and that taxation without representation is a violation of the rights of British subjects.
The Declaration of Rights also called for the colonies to unite in a refusal to do business with Great
Britain. Two years later, news of the Declaration of Independence was received with great enthusiasm in
Huntington, but the euphoria was short-lived. Following the defeat of the rebel forces at the Battle of Long
Island on August 27, 1776 Long Island was occupied by the British Army. Residents were required to take
oaths of allegiance to the Crown. If a man refused to take the oath, he and his family could be turned off
their property, losing everything. In 1782 the occupying army established an encampment in Huntington's
Old Burying Ground, razing tombstones to clear the site. Not surprisingly, many townspeople resisted,
waging guerilla warfare until the war was over and the British left in 1783.
Nathan Hale landed at Huntington in 1776, coming by boat from Norwalk, Connecticut on a spying
mission for George Washington. Sent to gather information about the British forces on Long Island and in
New York City, he was captured and executed in New York City in September 1776. A memorial stands at
the approximate site of his coming ashore in Huntington, an area now known as Halesite.
Huntington's best-known resident, Walt Whitman, was born in West Hills in 1819. His family moved to
Brooklyn when he was a child but he returned to Long Island as a young man. At the age of 19 he founded
The Long-Islander, a Huntington newspaper still in existence.
When World War II ended in 1945 the population of Huntington, like that of Long Island as a whole,
exploded. After almost 200 years of gradual growth, the population of the town mushroomed. Huntington
had approximately 32,000 residents in 1940. By 1960 there were 126,000 inhabitants. By the 1980s the
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.5-2
DRAFT- September 2007
SECTION 9.5: TOWN OF HUNTINGTON
p~pniafi0n had gone over the -~001000 mm-kl ~iih ihe enormous ~0~h 0f ihe i0~n its rural i~nd~cfipe
changed. Farms and vacant land disappeared, replaced by housing, schools, highways, recreational
facilities and new and expanding business and industry.
Huntington was named an Ali-American City in 2002 by the National Civic League. It was also a finalist
in 2001.
Governing Body Format
The Town of Huntington is governed by a five-member Town Board, comprised of the Town Supervisor
and 4 Council members. This body will assume the responsibility for the adoption and implementation of
this Plan. The Town of Huntington consists of 17 departments: Accessory Apartments, Assessor, Audit
and Control, Citizen Services, Community Development, Engineering Services, Environmental Waste
Management, General Services, Highway, Historian, Human Services, Information Technology, Maritime
Services, Parks and Recreation, Personnel, Planning and Environment, Public Safety, Receiver of Taxes
and the Supervisor's Office.
Growth/Development Trends
Based on the data tracked by the New York State Data Center, Huntington has experienced a modest rate
of growth. The overall population has increased only 0.73% since 2000 and has averaged 0.16% per year
from 1990 to 2006. With this rate of growth, the anticipated development trends for Huntington are
considered low to moderate. The majority of recent development within the Town of Huntington has been
infill development. Residentially, there has been a focus on senior housing. The town's capabilities to
manage and deal with future growth and development are illustrated in "Legal and regulatory capability
Assessment" section of this annex.
NATURAL HAZARD EVENT HISTORY SPECIFIC TO THE TOWN OF HUNTINGTON
Hurricane Gloria DR-750 9/27/1985 Not Available
Tropical Storm Henri N/A 9/24/1985 Not Available
Tropical Depression Chris N/A 8/29/1988 Not Available
Tropical Depression Beryl N/A 8/18/1994 Not Available
Tropical Depression Bertha N/A 7/13/1996 Not Available
Tropical Storm Floyd DR-1296 / 9/16/1999 Not Available
EM-3149
Nor'easter DR-1692 4/15/2007 Not Available
Nor'easter N/A 4/9/1996 Not Available
Nor'easter N/A 3/19/2004 Not Available
Severe Thunderstorm
N/A 7/18/2007 Not Available
resulting in Flooding
Notes: N/A = Not applicable.
Number of FEMA Identified Repetitive Flood Loss Properties: 47
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.5-3
DRAFT- September 2007
SECTION 9.5: TOWN OF HUNTINGTON
NATURAL HAZARD RISK/VULNERABILITY RISK RANKING - WORK IN PROGRESS
100-year*: $656,946,000-
Nor'easter $707,078,000
500-year*:$9,810,107,000- Frequent
$9,893,479,000
Coastal Erosion Loss estimation not available Frequent
Severe Winter Storm $13,138,440,000 Frequent
$624,125,000
Flood 100-year**: $17,748,000 Frequent
500-year**: $29,537,000
Severe Storm Loss estimation not available Frequent
Infestation No measurable impact to Frequent
structures
Shallow Groundwater Loss estimation not available Frequent
lO0-year*: $656,946,000 -
Hurdcane $707,078,000
500-year*: $9,810,107,000 - Frequent
$9,893,479,000
Groundwater
Loss estimation not available Occasional
Contamination
Wild Fire Loss estimation not available
No measurable impact to
Drought structures
a. Building damage ratio estimates based on FEMA 386-2 (August 2001)
b. Frequent=- Hazard event that occurs more frequently than once in 10 years, Occasional=.Hazard event that
occurs from once in 10 years to once in 100 years, Rare=Hazard event that occurs from once in 100 years to
once in 1,000 years, None= Hazard event that occurs less fi'equently than once in 1,000 years
c. The probability of occurrence for these events is weighted at "0" due to no exposure
* Estimated building replacement value (structure and contents) damaged by the 100-year and 500-year
hurricane-related winds and storm surge event as calculated using HAZUS-MH (custom methodology
explained in Section 5.4, Volume I in the Hurricane hazard profile).
* * Estimated building replacement value (structure and contents) damaged by a 100-year and 500-year flood event
as calculated by HAZUS-MH.
CAPABILITY ASSESSMENT
This section identifies the following capabilities of the local jurisdiction:
Legal and regulatory capability
Administrative and technical capability
· Fiscal capability
· Community classification.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.5-4
DRAFT- September 2007
SECTION 9,5: TOWN OF HUNTINGTON
Legal and Regulator3, Capabili~'
1) Building Code
2) Zoning Ordinance
3) Subdivision Ordinance
Y
Y
N
N
N
Y
N
Y
Y
Y
Y
Building and Engineering
Town has adopted NYS
Building Code 9/1/1967 (which now
contain the, International Code)
Suffolk County Dept. of Health
Services
First Zoning Ordinance in the Town
of Huntington was adopted 1934
the most recently adopted Zoning
Ordinance was adopted by the
Town 1979 § 198-1 of the Code of
the Town of Huntington states"
Purpose.
The zoning regulations and districts
as herein established have been
made in accordance with a
comprehensive plan for the
purpose of promoting health,
safety, morals and general welfare
in the Town of Huntington. They
have been designed to lessen
congestion in the streets; to secure
safety from fire, panic and other
dangers; to provide adequate light
and air; to prevent the
overcrowding of land; to avoid
undue concentration of population;
to facilitate the adequate provision
of transportation, water supply,
sewage disposal, schools, parks
and other public requirements.
They have been made with
reasonable consideration, among
other things, to the character of the
distdct and its peculiar suitability for
particular uses, and with a view to
conserving the value of buildings
and encouraging the most
appropriate use of land throughout
the Town."
Planning
The Town of Huntington first
adopted the current Subdivision
Regulations and Site Improvement
Specifications first established
1960 with latest amendment
August 23, 2005. These
regulations are also referred to in
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.5-5
DRAFT- September 2007
SECTION 9.5: TOWN OF HUNTINGTON
4) Special Purpose Ordinances
(floodplain management, critical
or sensitive areas)
Y
N
Y
Y
§A202 of Town Code.
Dept of Engineering & §198-12.2 of
the Town of Huntington's Zoning
Ordinance Originally added in 1988
Amended 12-6-1994 by Ord. No.
94-ZC-21; 6-11-1996 by Ord. No.
96-ZC-11; 5-5-1998 by EL No. 19-
1998
Planning reviews steep slope areas
as per ARTICLE X, The Steep
Slopes Conservation Law [Added
8-23-2005 by EL. No. 30-2005 last
Amended 1-9-2007 by Lb No. 4-
2007]
NYS Department of Environmental
Conservation-Federal Emergency
Management Agency
Dept of Engineering & §198-12.2 of
the Town of Huntington's Zoning
Ordinance Originally added in 1988
Amended 12-6-1994 by Ord. No.
94-ZC-21; 6-11-1996 by Ord. No.
96-ZC-11; 5-5-1998 by Lb No. 19-
1998
New York State Dept of
Environmental Conservation/
Federal Emergency Management
Agency
5) Growth Management Y N N N Planning
6) Floodplain ManagementJBasin N N Y N
Plan
Reviewed for conformance with
§198-72 dudng Site plan and/or
building permit process
7) Stormwater Management Y N Y Y New York State Dept, of
Plan/ordinance Environmental Conservation /
Federal Environmental Protection
Agency
Latest version Adopted 1993,
8) General Plan or Y N N N currently have a consulting firm
Comprehensive Plan preparing a new comprehensive
plan
§12 of the Town Code which was
9) Capital Improvements Plan Y N N N amended in its entirety 7-6-1976 by
L.L No. 3-1976
Degt's of madne Services and
10) Site Plan Review Y N N N Engineering and planning
Requirements The Town of Huntington first
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.5-6
DRAFT- September 2007
SECTION 9.5: TOWN OF HUNTINGTON
11) Habitat Conservation Plan
N
N
N
adopted the current Subdivision
Regulations and Site Improvement
Specifications first established
1960 with latest amendment
August 23, 2005
Tree Ordinance as per §186 of the
Town Code last revised in 2002
(revisions pending)
There is an Econ Dev Component
12) Economic Development Plan N N Y N
in the Comprehensive Plan
13) Emergency Response Plan
N
N
Y
14) Shoreline Management Plan
Y
Y
Y
Y
All Hazards Plan was accepted by
the Town Board (Res.2003-128)
Suffolk County Fire,. rescue and
Emergency Services/State
Emergency Management Office/
Federal Emergency Management
Agency
Department of Maritime Services,
madne conservation law; coastal
erosion management; marine
conservation law Chapter 134,
LOCAL WATERFRONT
CONSISTENCY REVIEW Adopted
by the Town Board of the To.wn of
Huntington 4-18-2000 by L.L. No.
9-2000
New York State Dept. of
Environmental Conservation
All Hazards Plan accepted by the
Town 2003 (Res. 2003-128)
Suffolk County Fire, rescue and
15) Post Disaster Recovery Plan Y N Y N Emergency Services, State
Emergency Management Office
Federal Emergency Management
Agency
16) Post Disaster Recovery N N Y N
Ordinance
17) Real Estate Disclosure req. N N N N
18) Other
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.5-7
DRAFT- September 2007
SECTION 9.5: TOWN OF HUNTINGTON
Administrative and Technical CapabiliD'
1) Planner(s) or Engineer(s) with knowledge of land
development and land management practices
2) Engineer(s) or Professional(s) trained in
construction practices related to buildings and/or
infrastructure
3) Planners or engineers with an understanding of
natural hazards
4) Floodplain Manager
5) Surveyor(s)
6) Personnel skilled or trained in "GIS" applications
7) Scientist familiar with natural hazards in Suffolk
County.
8) Emergency Manager
9) Grant Walter(s)
10) Stag with expertise or training in benefit/cost
analysis
Department of Planning and Environment:
Environmental Planner, Environmental Analyst,
Senior Planner, Director
Department of Building and Engineering: Engineers,
Plans Examiners and Inspectors; Highway Engineers
Department of Building and Engineering:' Engineers
Department of Madtime Services: Director
Department of Building and Engineering; Highway
Department of Planning and Environment: GIS
Manager; Highway
We do have environmental analysts
Office of the Supervisor, Special Assistant to the
Supervisor - Office of the Fire Marshall/Dept of
Engineering -Chie[ Fire Marshall
Most Departments in town have capable grant wdters
Comptrollers Off~ce
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.5-8
DRAFT- September 2007
SECTION 9.5: TOWN OF HUNTINGTON
Fiscal Capabili~'
1) Community development Block Grants (CDBG)
2) Capital Improvements Project Funding
3) Authority to Levy Taxes for specific purposes
4) User fees for water, sewer, gas or electric service
5) Impact Fees for homebuyers or developers of new
development/homes
Yes
Yes
Yes
Water
No
6) Incur debt through general obligation bonds Yes
7) Incur debt through special tax bonds Yes
8) Incur debt through private activity bonds No
9) Withhold public expenditures in hazard-prone areas No
10) State sponsored grant programs Yes
11) Other
Community Classifications
Community Rating System (CRS) Not Participating N/A
Building Code Effectiveness Grading Schedule (BCEGS) 99/99 2000 '
Public Protection 5/9
Storm Ready Not Participating N/A
Firewise Not Participating N/A
· Higher classification applies to when subject property is located beyond 1000 feet of a creditable
fire hydrant and is within 5 road miles of a recognized Fire Station.
· N/A = Not applicable. - = Unavailable.
The above referenced classifications can be viewed as a gauge of this community's capabilities in all
phases of emergency management (preparedness, response, recovery and mitigation). These
classifications are used as an underwriting parameter for determining the cos.ts of various forms of
insurance. The CRS class applies to flood insurance while tho BCEGS and Public Protection
classifications apply to standard property insurance. Classifications range on a scale of I to 10 with class
one being the best possible classification, and class 10 representing no classification benefit. Criteria for
classification credits are outlined in the following documents:
· The Community Rating System Coordinators Manual
· The Building Code Effectiveness Grading Schedule
· The Fire Suppression Rating Schedule
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.5-9
DRAFT- September 2007
SECTION 9.5: TOWN OF HUNTINGTON
Proposed Hazard Mitigation Initiatives
At the Flanagan
Senior Center,
reinforce all
vulnerable areas
(windows, doors,
atdum) to wind (thru
Laminate, Storm
shutters Dade City
glass) to secure the
building from damage
and return its use as a
shelter for families of
town response
personnel/special
needs.
Federal Hazard
Hurricane, Mitigation
Nor'Easter, . Dept of Human $196,383 Grant Funds
Severe Storm, 2, 7, 15, 16 Approximate Federal
Severe Winter Services Medium Disaster #1692
Storm Mitigation
Funds
Short
Term
Expand Public
Information/Education
(pdnt, web and
electronic media) by
updating the Town of
Huntington Website
and GIS to reflect
IT & Planning General Fund
and through
All Hazards 1, 7 Environment Low existing
GIS Division programs
Update Floodplain
mapping throughout
the Town.
Participate in
FEMA's Map
IT & Planning Modemization
Flood 1, 3, 7 GIS Division Low Initiative when
it reaches
Short
Term
Long Tem
DOF
Annual NIMS and ICS
Training for Town and
4 villages response
personnel.
To better prepare all
response personnel
with regard to system
and protocol changes
and updates to benefit
the public health and
General Fund
Ail Hazards 12, 13, 14 Engineering & through
Public Safety Low existing
programs
Short
Term
OG
Develop mitigation
initiative to mitigate
flooding at Mill Rd, Phase 1: Town
Creek Rd., Rt. 110. funds Through
Flood, NYS DOT and general fund or
Mitigate road and Hurricane, ClP allocations.
property flooding at 1, 2, 3, 7, 16 SC High
these locations. Nor'Easter, Phase 2: FEMA
Project to be Severe Storm Transportation Hazard
completed in 2 Mitigation
phases. Phase 1 Grant
feasibility and project
selection. Phase 2
Long term
DOF
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.5~10
DRAFT- September 2007
SECTION 9.5: TOWN OF HUNTINGTON
Im prove alternative
communication
capabilities.
Mitigate potential loss Town and
of communication All Hazards 1, 12, 13, 14 Fire marshal Medium Fire/Ambulance Short
between town depts., Dept term
response
organizations,
SCFRES and the
Raise flood prone
areas that are
adjacent to major
thorough fares.
Elevate Vulnerable
Roadways and
implement culverts or
alternative flood
redirection where
plausible.
FEMA Hazard
Mitigation
Flood, programs Long
Hurricane, 2, 7, 16 Highway High grant. Town Term
Nor'Easter, general fund to DOF
Severe Storm be utilized for
cost share.
Upgrade facility and
equipment for the
Emergency
Operations Center to
aid readiness,
response and
recovery efforts.
Improve overall
operations for the
benefit for the public
and emergency
responders and
coordinating
All Hazards 1, 7, 12, 13, LongTerm
14, 16 Supervisor m~dium Town DOF
Prepare a debris
management Plan.
OR
Consider the
development of a post
-disaster action plan,
including a debris
management plan.
This to be
incorporated into
existing emergency
managementJ hazard
mitigation plans.
Department of Suffolk County
Environmental & FEMA
All Hazards 7, 12, 13 Waste Medium Hazard Long
Management & Mitigation term DOF
Suffolk County planning grant
Town-wide Flood, 1, 3, 7, 11 Est. 1 million TBD
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.5-11
DRAFT - September 2007
SECTION 9.5: TOWN OF HUNTINGTON
Inventory including
GPS location and
elevation data.
An Accurate Drainage
inventory would
enable the town to
create a proactive
flood prevention plan
which would mitigate
storm damage loss to
several billion dollars
worth of private and
cture.
Hurricane,
Nor'Easter,
Severe Storm
Department High
Term
Town-wide tree
inventory and removal
program including risk
assessment and GPS
data for trees.
Identification and
removal of trees
which pose a
significant threat to
public and pdvate
infrastructure during a
storm event would
mitigate storm
damage loss to
several billion dollars
Hurricane,
Nor'Easter,
Severe Storm,
Severe Winter
Storm
1,3,4
Highway Est.
Department - $600,000
Planning Medium
Department
TBD
Long
Term
Engineered Beaches:
continue our on-going
beach nourishment
program for all Town
beaches.
Nourishment plans
and re-grading help to
maintain the beaches
Coastal
Erosion,
Hurricane,
Nor'Easter,
Severe Storm
Survey all town
beaches and maritime Coastal
facilities and maintain Erosion,
survey of these Hurricane,
facilities as baseline Nor'Easter,
to determine loss of Severe Storm
sand and structures.
5,15
'07 $174,000 Town general
Maritime '08 $100,000 fund through
Services Medium existing
programs
2,5,15
Short
term OG
Maritime Town general
Services $82,700 fund
Medium
Reduced bus route
plan for each school Hurricane,
distdct within the Nor'Easter, TBD; in
town. Severe Storm, 3, 7, 12, 13, Highway $100,000 association
Severe Winter 15 Department Medium with school
The sooner a school Storm grants
district can be
Short
term
Longterm
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.5-12
DRAFT- September 2007
SECTION 9.5: TOWN OF HUNTINGTON
event the greater
return to normalcy
and return to
economic productivity
and security within the
community.
Protect major feeder
route for Lloyd Harbor
during a storm:
Bulkhead Shore
Road, Cold Spring
Harbor.
Hurdcane,
Nor'Easter, Highway $1.5 Million Long
Severe Storm, 2, 3, 7, 16 TBD term,
Severe Winter Department High DOF
Storm
Consider non-
structural flood hazard
mitigation alternatives
for at risk properties
within the floodplain,
including those that
have been identified
as repetitive loss,
such as
acquisition/relocation,
or elevation
depending on
feasibility. The
parameters for
feasibility for this
initiative would be;
funding, benefits
versus costs and
willing participation of
property owners.
Flood, General Fund, Long
Nor'Easter, 2, 7, 13 Huntington High FEMA Hazard term,
Hurricane, Town Council Mitigation DOF
Severe Storm Grant Funding
Support county-wide Huntington Existing
initiatives identified in Town Council/
programs and
Section 6, Volume I of All MPC/Suffolk Short
the Suffolk County All Hazards objectives County Low grant funding Term OG
where
Hazard Mitigation Emergency applicable
Plan.
Consider participation
in incentive-based Flood,
Nor'Easter,
programs such as,
CRS and "Storm- Hurricane,
Severe Storm
General fund
Huntington Low trough existing Long
1,2,3,7,13 Town Council Term
programs
Notes: Short term = I to 5 years. Long Term= 5 years or greater. OG = On going program. DOF = Depending on funding. SC = Suffolk County.
PDM = Pre-Disaster Mitigation Grant Program.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.5-13
DRAFT- September 2007
SECTION 9.5: TOWN OF HUNTINGTON
PRIOR1TIZATION OF MITIGATION INITIATIVES
H-1 High
H-2
Medium Yes Yes No Medium
High Low Yes No Yes High
High Low Yes Yes No Medium
High Low Yes No Yes High
High High Yes Yes Yes Medium
H-3
H-4
H-5
H-6
H-7
H-8
H-9
H-10
H-11
H-12
H-13
H-14
H~15
H-16
H-17
High Medium Yes No Yes High
High High Yes Yes No M6dium
High Medium Yes Yes No Medium
Medium Medium Yes Yes No Medium
High High Yes No No Low
Medium Medium Yes Yes No Low
High Medium Yes Yes Yes High
High Medium Yes No Yes High
High Medium Yes No No Low
High High Yes Yes No Low
High High Yes Yes No Medium
High Low Yes Yes Yes High
Low Low Yes No No Low
H-18
Explanation of Priorities
· High Priority - A project that meets multiple objectives (i.e., multiple hazards), benefits
exceeds cost, has funding secured or is an on-going project and project meets eligibility
requirements for the Hazard Mitigation Grant Program (HMGP) or Pre-Disaster Mitigation
Grant Program (PDM) programs. High priority projects can be completed in the short term (1
to 5 years).
· Medium Priority - A project that meets goals and objectives, benefits exceeds costs, funding
has not been secured but project is grant eligible under, HMGP, PDM or other grant
programs. Project can be completed in the short term, once funding is completed. Medium
priority projects will become high priority projects once funding is secured.
· Low Priority - Any project that will mitigate the risk of a hazard, benefits do not exceed the
costs or are difficult to quantify, funding has not been secured and project is not eligible for
HMGP or PDM grant funding, and time line for completion is considered long term (1 to 10
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.5-14
DRAFT - September 2007
SECTION 9.5: TOWN OF HUNTINGTON
years). Low priority projects may be eligible other sources of grant funding from other
programs. A low priority project could become a high priority project once funding is secured
as long as it could be completed in the short term.
Prioritization of initiatives was based on above definitions: Yes
Prioritization of initiatives was based on parameters other than stated above: Not applicable.
FUTURE NEEDS TO BETTER UNDERSTAND RISK/VULNERABILITY
· Consider participating in a comprehensive update to the intra-jurisdictional county-wide Emergency
Management Plan.
ADDITIONAL COMMENTS
The general building stock replacement values used to estimate exposure and damages in the Risk
Assessment were U.S. Census 2000 data obtained from HAZUS-MH MR-2. The Planning Committee
feels these replacement costs underestimate the replacement costs for Suffolk County and therefore
exposure and damage estimates are believed to be below actual.
HAZARD AREA EXTENT AND LOCATION
Hazard area extent and location maps have been generated for the Town of Huntington and illustrate the
probable areas impacted within the Town. These maps are based on the best available data at the time of
the preparation of this Plan, and are considered to be adequate for planning purposes. Maps have only
been generated for those hazards that can be clearly identified using mapping techniques and
technologies, and for which the Town of Huntington has significant exposure. These maps are illustrated
in the hazard profiles within Section 5.4, Volume I of this Plan.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.5-15
DRAFT- September 2007
SECTION 9.6: VILLAGE OF ASHAROKEN
VILLAGE OF ASHAROKEN
The Village of Asharoken did not prepare their jurisdictional annex in time for submission of this draft
Plan to NYSEMO.
DMA 2000 Hazard Mitigation Plan - Sulfolk County, New York 9.6-1
DRAFT - September 2007
SECTION 9.7: VILLAGE OF HUNTINGTON BAY
VILLAGE OF HUNTINGTON BAY
This section presents the jurisdictional annex for the Village of Huntington Bay.
HAZARD MITIGATION PLAN POINT OF CONTACT
Raymond Hubbs, Chief of Police
244 Vineyard Road
Huntington, NY 11743
Phone: (631) 427-2020
E-mail: hbpdchief~aol.com
Lynn Pincomb, Village Administrator
244 Vineyard Road
Huntington, NY 11743
Phone: (631) 427-2843
E-mail: lynnvhb@aol.com
VILLAGE PROFILE
Population 1,496 (U.S. Census, 2000)
Location
The Village of Huntington Bay is a residential community approximately 1.2 square miles in size. The
Village is located along the water (Huntington Bay) in the northwest section of Suffolk County within the
Town of Huntington.
Climate
The Village of Huntington Bay enjoys a moderate climate with average low temperatures in the 30's
degrees Fahrenheit (°F) and average high temperatures in the mid 70's (°F). Precipitation averages
between 3.0 to 4.5 inches per month, receiving the highest amount of precipitation during the spring
(March through May). On average, the Village receives over 28 inches of average snow fall per year, with
highest accumulations in January. The humidity ranges between 55 and 80% throughout the year.
Brief History
The Village was incorporated in 1924 and has approximately 600 homes and 1 yacht club, 1 beach and
tennis club and five beach associations.
Governing Body Format
The local governing body consists ora mayor and 4 trustees who will be responsible for the adoption and
implementation of this Plan.
Growth/Development Trends
Based on the data tracked by the New York State Data Center, The Village of Huntington Bay has
experienced a declining rate of growth over the past 15 years. The overall population has decreased by
1.40% since 2000 and has averaged 0.18% decrease per year from 1990 to 2006. With this rate of growth,
the anticipated development trends for the Village are considered low. The Village's capabilities to
manage and deal with future growth and development are illustrated later this annex.
DRAFT- September 2007
SECTION 9.7: VILLAGE OF HUNTINGTON BAY
NATURAL HAZARD EVENT HISTORY SPECIFIC TO
THE VILLAGE OF HUNTINGTON BAY
Hurricane Gloria
DR-750
9/27/85
Not available at this time.
Nor-Easter DR-974 12/11/92 Not available at this time.
Nor'easter DR-1146 10/19/96 Not available at this time.
DR- 1296 /
Tropical storm Floyd EM-3149 9/16/99 Not available at this time.
2/17/2003 $7,550
Severe Winter Storm EM-3184
2/18/2003
Notes: N/P~ = Not applicable.
Number of FEMA Identified Repetffive Flood Loss Properties: 5
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.7-2
DRAFT- September 2007
SECTION 9.7: VILLAGE OF HUNTINGTON BAY
NATURAL HAZARD RISK/VULNERABILITY RISK RANKING
lO0-year*: $5,479,000 -
$7,687,000
Nor'Easters Frequent 54
500-year*: $83,503,000-
$87,772,000
Damage estimate not available Frequent
Severe Storms
Winter Storms Damage estimate not available Frequent
100-year**: $768,000
Flooding Frequent
500-year**: $863,000
100-year*: $5,479,000 -
Hurricane (tropical $7,687,000
storms) etc, Occasional
500-year*: $83,503,000 -
$87,772,000
54
54
36
36
Coastal Erosion Damage estimate not available Frequent
Shallow Groundwater Damage estimate not available Frequent
Groundwater
contamination Damage estimate not available Occasional
(natural)
Infestation (ALB,
Lyme, WNV) Damage estimate not available Occasional
Drought Damage estimate not available Occasional
18
18
14
8
0
Wildfire Damage estimate not available None 0
a. Building damage ratio estimates based on FEMA 386-2 (August 2001 )
b. FrequenW Hazard event that occurs more frequently than once in l 0 years, Occasional=Hazard event that
occurs from once in 10 years to once in 100 years, Rare=Hazard event that occurs from once in 100 years to
once in 1,000 years, None= Hazard event that occurs less frequently than once in 1,000 years
c. The probability &occurrence for these events is weighted at "0' due to no exposure
* Estimated building replacement value (structure and contents) damaged by the 100-year and 500-year
hurricane-related winds and storm surge event as calculated using HAZUS-MH (custom methodology
explained in Section 5.4, Volume I in the Hurricane hazard profile).
** Estimated building replacement value (structure and contents) damaged by a 100-year.and 500-year flood
event as calculated by HAZUS-MH.
CAPABILITY ASSESSMENT
This section identifies the following capabilities of the local jurisdiction:
· Legal and regulatory capability
· Administrative and technical capability
· Fiscal capability
· Community classification.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.7-3
DRAFT- September 2007
SECTION 9.7: VILLAGE OF HUNTINGTON BAY
Legal and Regulato~ Capabili~'
1) Building Code
The Village Enforces New York
State building code. Chapter 9,
Section 9-1. Adopted July 1967
The Village has a Zoning Code in
2) Zoning Ordinance Y place that is enforced. Chapter 91
of Village Code. Adopted
December 1935
Subdivision regulations and
3) Subdivision Ordinance Y procedures as per Village code
Chapter 77 Adopted Feb. 18,. 1958
4) Special Purpose Ordinances Floodplain management as per
{floodplain management, critical Y Village code chapter 34 Adopted
or sensitive areas) May 11, 1998
5) GroWth Management N
6) Floodplain Management/Basin y 1996
Plan
Storm water management (Building
7) Stormwater Management y code. 6 inch rain fall for all
Plan/ordinance impervious surfaces) chapter 73A
Adopted Dec. 21, 2001
8) General Plan or
Comprehensive Plan N
9) Capital Improvements Plan N
10) Site Plan Review y Site plan review as per Village
Requirements code.
11 ) Habitat Conservation Plan N
12) Economic Development Plan N
13) Emergency Response Plan Y County
14) Shoreline Management Plan N
15) Post Disaster Recovery Plan N
16) Post Disaster Recovery N
Ordinance
17) Real Estate Disclosure red. N
18) Other N
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.7-4
DRAFT - September 2007
SECTION 9.7: VILLAGE OF HUNTINGTON BAY
Administrative and Technical Capabili .ty
1) Planner(s) or Engineer(s) with knowledge of land
development and land management practices
2) Engineer(s) or Professional(s) trained in
construction practices related to buildings and/or
infrastructure
3) Planners or engineers with an understanding of
natural hazards
4) Floodplain Manager
5) Surveyor(s)
6) Pereonnel skilled or trained in "GIS" applications
7) Scientist familiar with natural hazards in Suffolk
County.
8) Emergency Manager
9) Grant Walter(s)
10) Staff with expertise or training in benefit/cost
analysis
Planning Board, Village Engineers, Building
Inspector
Building inspector
Village Engineer
Jeffrey Vollmuth, Village Engineer
Richard Kinch, Village Building Inspector
Building inspector
Chief of Police
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9,7-5
DRAFT - September 2007
SECTION 9.7: VILLAGE OF HUNTINGTON BAY
Fiscal Capability
1) Community development Block Grants (CDBG)
Y
2) Capital Improvements Project Funding NA
3) Authority to Levy Taxes for specific purposes Y
4) User fees for water, sewer, gas or electric service N
5) Impact Fees for homebuyers or developers of new
development/homes N
6) Incur debt through general obligation bonds N
7) Incur debt through special tax bonds N
8) Incur debt through private activity bonds N
9) Withhold public expenditures in hazard-prone areas N
10) State sponsored grant programs Y
11) Other N
Communi~' Classifications
Community Rating System (CRS) Not Participating N/A
Building Code Effectiveness Grading Schedule (BCEGS) 3/3 2004
Public Protection 3/9
Storm Ready Not Participating N/A
Firewise Not Participating N/A
· Higher classification applies to when subject property is located beyond 1000 feet of a creditable
fire hydrant and is within 5 road miles of a recognized Fire Station.
· N/A = Not applicable. - = Unavailable.
The above referenced classifications can be viewed as a gauge of this community's capabilities in all
phases of emergency management (preparedness, response, recovery and mitigation). These
classifications are used as an underwriting parameter for determining the costs of vorious forms of
insurance. The CRS class applies to flood insurance while the BCEGS and Public Protection
classifications apply to standard property insurance. Classifications range on a scale of 1 to 10 with class
one being the best possible classification, and class 10 representing no classification benefit. Criteria for
classification credits are outlined in the following documents:
· The Community Rating System Coordinators Manual
· The Building Code Effectiveness Grading Schedule
· The Fire Suppression Rating Schedule
DMA 2000 Ha~;d Miiigati0~ ~l~n2 Suffolk Ceuniyl N~ %;k 9.7-6
DRAFT - September 2007
SECTION 9.7: VILLAGE OF HUNTINGTON BAY
Proposed Hazard Mitigation Initiatives
Designate, prepare
and announce
Emergency Assembly
points in conjunction
with a public
awareness plan.
Village Council/
MPC/Suffolk
General
All Hazards 1, 12, 14 County Low
Emergency fund
Management
Short
Term
Complete the project to
capture first 1" of rain
on village streets by
surface grates; storm
water goes into
drywells and discharge
into the subsoil
Flooding, Village $1,112,843 50% Long term. to be
Coastal Storms, 5, 8, 11, 15 Huntington Bay (funded) Matching completed
severe storms state grant 2009; OG
Raise or retrofit
developed flood-prone Flooding, 2,13,16 Village High
areas along East Coastal Storms Huntington Bay
Shore Road and Shore
Drive
Long
Term
DOF
Institute a tree
tdmming program to
help keep roadways All Hazards 5, 13, 16 Village Me~Jium
and communications Huntington Bay
open
Enhance drainage
maintenance program
General Short
fund term ~OF
Flooding, 5, 8, 11 Village Medium General Short
Coastat Storms Huntington Bay fund term OG?
VHB-8
Village Council/
Increase interagency MPC/Suffolk
communication All Hazards 12, 13 County Low
capabilities Emergency
Management
Retrofit Police facility /
Village Hall for the
possible impacts of
Huntington Bay's only
essential facility
Village High
All Hazards 12, 13, 16 Huntington Bay
increase rainfall
capture on village
streets from one inch
to two inches (See
VHB-2)
Flooding,
Coastal Storms,
Severe Storms,
5,8,11,15
Village
Huntington Bay
High
Support County-wide Village Council/
initiatives identified in MPC/Suffolk
VHB-9 Section 6, Volume I of All Hazards All objectives County Low
the Suffolk County Emergency
Hazard Mitigation Plan. Management
VHB- Consider the All Hazards 7, 12, 13 Public Safety/ Medium
General
Fund,
DHS Short
program term
Grant
Funding
General
Fend,
FEMA Long term
Hazard DOF
Mitigation
Grant
Long
Grant Term
DOF
Existing
programs
and grant Short
funding Term OG
where
applicable
General Long
DMA 2000 Hazard Mitigation Plan - Suffelk County, New York 9.7-7
DRAFT- September 2007
SECTION 9.7: VILLAGE OF HUNTINGTON BAY
development of a post Suffolk Co. Fund,
-disaster action plan, Emergency FEMA
including a debris Management Hazard
management plan. Mitigation
This to be incorporated Grant
into existing Funding
emergency
management plans.
tern3,
DOF
Consider participation General
in incentive-based Flood, fund
programs such as, Nor'Easter, 1,2, 3, 7, 13 Village Council Low trough Long
CRS and "Storm- Hurricane, Term
Severe Weather existing
Ready". programs
Notes: Short term = 1 to 5 years. Long Term= 5 years or greater. OG = On going program. DOF = Depending on funding. SC = Suffolk County.
PDM = Pre-Disaster Mitigation Grant Program.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.7-8
DRAFT- September 2007
SECTION 9.7: VILLAGE OF HUNTINGTON BAY
PRIORIT1ZATION OF MITIGATION INITIATIVES
VHB-1 High Low Yes No Yes High
VHB-2 High Low Yes Yes Yes High
YHB-3 High High Yes Yes No Medium
VH, B-4 Medium Medium Yes No Yes High
VHB*5 Medium Medium Yes No Yes Medium
VHB-6 High Medium Yes No No Medium
VHB-7 High High Yes Yes No Mediun~
VHB-8 High High Yes Yes No Medium
VHB-9 High Low Yes Yes Yes High
VHB-IO Medium Medium Yes Yes No Medium
VHB-11 Low Low Yes No No Low
Explanation of Priorities
High Priority - A project that meets multiple objectives (i.e., multiple hazards), benefits
exceeds cost, has funding secured or is an on-going project and project meets eligibility
requirements for the Hazard Mitigation Gram Program (HMGP) or Pre-Disaster Mitigation
Grant Program (PDM) programs. High priority projects can be completed in the short term (1
to 5 years).
Medium Priority - A project that meets goals and objectives, benefits exceeds costs, funding
has not been secured but project is grant eligible under, HMGP, PDM or other grant
programs. Project can be completed in the short term, once funding is completed. Medium
priority projects will become high priority projects once funding is secured.
Low Priority ~ Any project that will mitigate the risk of a hazard, benefits do not exceed the
costs or are difficult to quantify, funding has not been secured and project is not eligible for
HMGP or PDM grant funding, and time line for completion is considered long term (1 to 10
years). Low priority projects may be eligible other sources of grant funding from other
programs. A low priority project could become a high priority project once funding is secured
as long as it could be completed in the short term.
Prioritization of initiatives was based on above definitions: Yes
Prioritization of initiatives was based on parameters other than stated above: Not applicable.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.7-9
DRAFT- September 2007
SECTION 9.7: VILLAGE OF HUNTINGTON BAY
FUTURE NEEDS TO BETTER UNDERSTAND RISK/VULNERABILITY
· Consider participating in a comprehensive update to the Intra-jurisdictional County-wide Emergency
Management Plan.
· Consider participating in a comprehensive update to the lntra-jurisdictional County-wide Debris
Management Plan.
ADDITIONAL COMMENTS
None at this time.
HAZARD AREA EXTENT AND LOCATION
Hazard area extent and location maps have been generated for the Village of Huntington Bay and
illustrate the probable areas impacted within the Village. These maps are based on the best available data
at the time of the preparation of this Plan, and are considered to be adequate for planning purposes. Maps
have only been generated for those hazards that can be clearly identified using mapping techniques and
technologies, and for which the Village of Huntington Bay has significant exposure. These maps are
illustrated in the hazard profiles within Section 5.4, Volume I of this Plan.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.7-10
DRAFT - September 2007
SECTION 9.8: VILLAGE OF NORTHPORT
VILLAGE OF NORTHPORT
The Village of Northport did not prepare their jurisdictional annex in time for submission of this draft
Plan to NYSEMO.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.8-1
DRAFT- September 2007
SECTION 9.9: TOWN OF RIVERHEAD
TOWN OF RIVERHEAD
This section presents the jurisdictional annex for the Town of Riverhead.
HAZARD MITIGATION PLAN POINT OF CONTACT
David J. Hegermiller, Program Manager/Chief of Police
210 Howell Avenue
Riverhead, NY 11901
Phone: (631) 727-4500 x 335
E-mail: policechieft~, riverh ea dli.com
Edward Frost, Sergeant
210 Howell Avenue
Riverhead, NY 11901
Phone: (631) 727-4500 x 329
E-mail: frost~riverheadli.com
TOWN PROFILE
PopulatiOn 33,098 (as of 2006)
Location
The Town of Riverhead is located on the east end of Long Island in Suffolk County, approximately 75
miles east of Manhattan. It has a land area of 67.4 square miles and is bounded on the west by the Town
of Brookhaven, on the north by the Long Island Sound with Connecticut on the opposite shore, on the east
by the Town of Southold, and on the south by Southampton Town with the dividing line being the Peconic
River and the Great Peconic Bay. The eastern terminus of Interstate 495~ the Long Island Expressway,
brings you close to the center of our Town. The Long Island Railroad services the Town with one station
located in downtown.
Climate
Because the Town is situated on an island located between the Long Island Sound and the Atlantic Ocean,
it enjoys a moderate climate. Minimum average low temperatures of 24 degrees Fahrenheit occur in
January, while July sees maximum average high temperatures of 84 degrees Fahrenheit. Precipitation for
the year is approximately 46.8 inches averaging between 3.21 to 4.40 inches per month with the most
precipitation occurring in the month of January. The relative humidity level varies greatly with each
season throughout the year. The average annual relative humidity is 70 percent. The prevailing wind
directions in Riverhead are northwest and southerly and reflect the dominance of cold arctic air masses in
the winter and cooling ocean breezes in the summer. The average annual wind velocity is 9 miles per hour.
Brief History
The Town was originally part of Southold Town and became its own township when it was incorporated in
1792 at which time it also became the County Seat. It remains the County Seat until this date. The name
signifies that the Town is the mouth of the Peconic River.
Governing Body Format
The five member Riverhead Town Board is the governing legislative body and consists of a supervisor and
four council members, all of whom are elected at large. This body will assume the responsibility for the
adoption and implementation of this Plan. The Town consists of numerous departments and divisions
encompassing Police, Juvenile Aid Bureau, Emergency Management, Emergency Medical Services,
Accounting, Highway, Community Development, Planning, Personnel, Information Technology,
[DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.9-1
DRAFT - September 2007
SECTION 9.9: TOWN OF RIVERHEAD
Engineering, Building and Grounds, Recreation, Assessors, Animal Control, Empire Development Zone,
Industrial Development Agency, Fire Marshal, Justice Court, Municipal Garage, Purchasing, Sanitation,
Seniors, Sewer, Tax Receiver, Town Attorney, Town Attorney Investigations Unit, Town Clerk, Youth
Bureau and Water District. The Town Board will assmne responsibility for the adoption of this plan.
Growth/Development Trends
Riverhead's population continues to grow at a significant pace. The Long lsland Power Authority
estimated that in 2005 the population in the Town was 32,028. The increase represented a 15.7 percent
increase over the 2000 population of 27,680. In percentage terms, Riverhead is currently the fastest
growing of Suffolk County's ten towns. Riverhead's population is projected to increase by approximately
33 percent between 2005 and full build-out to between 41,000 and 43,000. The following table lists
Riverhead's population and change per decade since 1970.
20,243
7%
Riverhead has averaged a 2.028 percent increase in population per year from 1970 to 2006 and is also the
most densely populated Town out of the five eastern Towns in Suffolk County.
Riverhead is currently the home to Tanger Outlet Mall, the largest outlet mall in the nation, Splish Splash,
one of the top five water parks in the nation, Atlantis Marine Aquarium and Enterprise Park at Calverton,
the former 2,900 acre naval facility that was deeded over to the Town in 1998. The Route 58 corridor,
originally established as a bypass to former downtown Main Street shopping mecca for the east end of
Suffolk County, has seen major growth over recent years. It continues to attract major proposals. Tanger
Outlet has applied for a 137,000 square foot expansion. A proposed 35,000 square feet of outlet stores
adjacent to Tanger has been made. There is a proposal for a 146,000 square foot Wal-Mart, a 68,000
square foot Stop&Shop, a 110,000 square foot Lowe's (reuse of an existing building), a 200,000 square
foot shopping center and a separate 475,000 square foot shopping center. A major redesign of Route 58 is
planned.
With all this development Riverhead still holds fast to its roots. With its wineries, greenhouses and huge
tracks of farmlands, some of which are preserved forever, the Town helps keep Suffolk County as a leader
in agricultural production in New York State.
NATURAL HAZARD EVENT HISTORY SPECIFIC TO THE TOWN
Rain Event N/A 7/18/2007 $20,000.00
Nor'easter DR 1692 4/15/2007 $13,485.74
Excessive Heat N/A 8/1/2006 None reported
Snow Storm N/A 2/12/2006 None reported
Hurricane Wilma 10/24/2005 None reported
Rain/Flood Event N/A 10/12/2005 $324,000.00
Snow Storm N/A 1/23/2005 $135,000.00
Snow Storm N/A 1/27/2004 None reported
Snow Storm N/A 1/15/2004
None reported
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.9-2
DRAFT- September 2007
Snow Storm
N/A
SECTION 9.9: TOWN OF RIVERHEAD
12/5/2003
Hurricane Isabel N/A 9/18/2003
Power Outage DR 3186 8/14/2003
Snow Storm EM-3184 2/17/2003
Tropical Storm Floyd DR 1296/ 9/16/1999
EM 3149
Nor'easter DR-1146 10/19/1996 $11,449.00
Hurricane Edward N/A 9/1/1996 None reported
Hurricane Luis N/A 9/9/1995 None reported
Hurricane Felix N/A 8/14/1995 None reported
Hurricane Bob DR-918 8/19/1991 $21,921.00
Notes: N/A = Not applicable.
None reported
None reported
$17,318.56
'$106,868.76
$20,565.56
Number of FEMA Identified Repetitive Flood Loss Properties: 38
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.9-3
DRAFT - September 2007
SECTION 9.9: TOWN OF RIVERHEAD
NATURAL HAZARD RISK/VULNERABILITY RISK RANKING
lO0-year*: $307,238,000 -
$333,924,000
Nor'easter 500-year*: $1,661,043,000- Frequent 54
$1,722,917,000
Severe Winter Storm Damage estimate not available Frequent
Severe Storm Damage estimate not available Frequent
100-year*: $307,238,000 -
$333,924,000 Occasional
Hurricane 500-year*: $1,661,043,000-
$1,722,917,000
100-year**: $12,021,000 Freqdent
Flood 500-year**: $20,211,000
Coastal Erosion Damage estimate not available Frequent
Shallow Groundwater Damage estimate not available Frequent
Wildfire Damage estimate not available Occasional
54
48
36
21
21
18
12
Infestation Damage estimate not available Occasional 12
Groundwater
Contamination Damage estimate not available Occasional 8
Drought Damage estimate not available Occasional 6
a. Building damage ratio estimates based on FEMA 386-2 (August 2001 )
b. Frequen~ Hazard event that occurs more frequently than once in 10 years, Occasional=Hazard event that
occurs from once in 10 years to once in 100 years, Rare=Hazard event that occurs from once in 100 years to
once in 1,000 years, None= Hazard event that occurs less frequently than once in 1,000 years
c. The probability of occurrence for these events is weighted at "0" due to no exposure
* Estimated building value (structure and contents) damaged by the 100-year and 500-year hurricane-related
winds and storm surge as calculated using HAZUS-MH (custom methodology explained in Section 5.4,
Volume 1 in the Hurricane hazard profile).
** Estimated building value (structure and contents) damaged by the 100-year and 500-year flood events as
calculated by HAZUS-MH.
CAPABILITY ASSESSMENT
This section identifies the following capabilities of the local jurisdiction:
Legal and regulatory capability
· Administrative and technical capability
· Fiscal capability
· Community classification.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.9-4
DRAFT- September 2007
SECTION 9,9: TOWN OF RIVERHEAD
Legal and Regulatory Capabilit3.,
1) Building Code
2) Zoning Ordinance
3) Subdivision Ordinance
4) Special Purpose Ordinances
(floodplain management, critical
or sensitive areas)
Y
Y
Y
Y
N
Y
Y
Y
Y
Building, Planning, Engineering &
Fire Marshal Depts.
Town has adopted International
Building Code
1984 - NYS Executive Law 381
Planning Board
SC Planning Commission has the
authority to review certain actions.
Town ZBA can present findings
and disapprove the action, if they
have the greater majority. ·
Riverhead Town Code Chapter 108
Suffolk County Charter
Planning Board
SC Planning Commission has the
authority to review certain actions.
Town ZBA can present findings
and disapprove the action, if they
have the greater majority.
Riverhead Town Code Chapter 108
Riverhead Town Code Chapter
108-76
Building Dept.
Riverhead Town Code Chapter 65
NYS DEC
5) Growth Management Y N N Y Building Dept.
6) Floodplain Management/Basin y y y y Building & Planning Depts.
Plan Riverhead Town Code chapter 108
7) Stormwater Management y y y y Planning Dept.
Plan/ordinance NYS DEC Phase II Permits
8) General Plan or Planning Dept. & Town Board
Comprehensive Plan Y Y Y Y
9) Capital Improvements Plan Y N N N P~anning Dept. & Town Board
Building & Planning Depts.
10) Site Plan Review Federal ADA compliance required.
Requirements Y Y Y Y Riverhead Town Code Chapter
108-129
11) Habitat Conservation Plan Y Y Y y NYS DEC & Conservation Advisory
Council
12) Economic Development Plan Y N N N Community Development
13) Emergency Response Plan Y Y Y Y Supervisor's Office & Police Dept.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.9-5
DRAFT- September 2007
SECTION 9.9: TOWN OF RIVERHEAD
14) Shoreline Management Plan
Y
Y
Y
Administration - Planning Board
Review - ZBA
Riverhead Town Code Chapters 12
& Chapter 108-76
15) Post Disaster Recovery Plan Y Y Y N Supervisor's Office & Police Dept.
Y
Y
16) Post Disaster Recovery
Ordinance
Supervisor's Office, Building,
Planning, Engineering, Police &
Fire Marshal Depts.
17) Real Estate Disclosure req. N Y Y Y Tax Assessors & Receivers
18) Other
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.9-6
DRAFT- September 2007
SECTION 9,9: TOWN OF RIVERHEAD
Administrative and Technical Capabili~,
1) Planner(s) or Engineer(s) with knowledge of land
development and land management practices
2) Engineer(s) or Professional(s) trained in
construction practices related to buildings and/or
infrastructure
3) Planners or engineers with an understanding of
natural hazards
4) Floodplain Manager
5) Surveyor(s)
6) Personnel skilled or trained in "GIS" applications
7) Scientist familiar with natural hazards in Suffolk
County.
8) Emergency Manager
9) Grant Walter(s)
10) Staff with expertise or training in benefitJcost
analysis
Planning & Engineering Depts.
Planning, Engineering,
Fire Marshal & Building Depts.
Engineering & Building Depts.
Leroy Barnes, Head of the Building Dept.
Private Contractors
IT/GIS Dept.
Private Contractors
Supervisor's Office & Police Dept.
Community Development
Accounting, Community Development,
Engineering & Planning Depts.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.9-7
DRAFT- September 2007
SECTION 9.9: TOWN OF RIVERHEAD
Fiscal Capability
1) Community development Block Grants (CDBG)
Yes
2) Capital improvements Project Funding Yes
3) Authority to Levy Taxes for specific purposes Yes
4) User fees for water, sewer, gas or electric service Yes
5) Impact Fees for homebuyers or developers of new Yes
development/homes
6) Incur debt through general obligation bonds Yes
7) Incur debt through special tax bonds Yes
8) Incur debt through private activity bonds Yes
9)oWithhold public expenditures in hazard-prone areas Don't Know
10) State sponsored grant programs such as FCAAP Don't Know
11) Other Not aware of any
Communi~' Classifications
Community Rating System (CRS) Not participating N/A
Building Code Effectiveness Grading Schedule (BCEGS) 4/4 2004
Public Protection 4/9
Storm Ready Not participating N/A
Firewise Not participating N/A
· Higher classification applies to when subject properly is located beyond 1000 feet of a creditable
fire hydrant and is within 5 road miles of a recognized Fire Station.
· N/A = Not applicable. - = Unavailable.
The above referenced classifications can be viewed as a gauge of this community's capabilities in all
phases of emergency management (preparedness, response, recovery and mitigation). These
classifications are used as an underwriting parameter for determining the costs of various forms of
insurance. The CRS class applies to flood insurance while the BCEGS and Public Protection
classifications apply to standard property insurance. Classifications range on a scale of 1 to 10 with class
one being the best possible classification, and class 10 representing no classification benefit. Criteria for
classification credits are outlined in the following documents:
· The Community Rating System Coordinators Manual
· The Building Code Effectiveness Grading Schedule
· The Fire Suppression Rating Schedule
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9,9-8
DRAFT - September 2007
SECTION 9.9: TOWN OF RIVERHEAD
Proposed Hazard Mitigation Initiatives
R-1
R-2
R-3
R-4
R-5
R-6
R-7
R-8
R-9
R-10
All
12
SC
High DHS,General Long-
Fund term
Develop and Implement a
County-Wide Eady
Warning System to alert All 1,12 SC High General Long-
the public of potential Fund term
hazards
Retrofit existing PD PDM, Short-
HDQTS to establish a All 1,12,14 RHD High General
dedicated EOC Fund term
Create a Point of
Distribution Plan to
establish locations,
personnel, training and
procedures to streamline
distribution of vital
necessities post disaster
All
Nor'Easter,
Hurricane,
Severe Winter
Storm, Severe
Storm, Flood,
Wildfire
Nor'Easter,
Hurricane,
Severe Winter
Storm, Severe
Storm, Coastal
Erosion
Nor'Easter,
Hurricane,
Severe Winter
Storm, Severe
Storm, Coastal
Erosfon
All
All
1,12
Create a Generator Plan to
designate personnel, guide
distribution of equipment
from County and pre-wire
facilities to accommodate
generators.
Establish Jetties at the
mouth of the Wading
Creek to diminish the
constant depositing of
sand
7,16
2,5,15
2,5,15
1,7
1,7,14
RHD
RHD
RHD
RHD
RHD
RHD
Medium
Establish Jetties at the
Town Boat Ramp at Iron
Pier to diminish the
depositing of sand onto
one of the only maintained
emergency accesses to
the LI Sound thereby
reducing the weekly
removal of the sand by the
Highway Department
Create a Public Awareness
Program natural disasters
and emergency
preparedness
Conduct Joint Annual Drills
for all facets of emergency
services in the Town and
their partner agencies
Create a Volunteer
Program to help recruit
Medium
High
High
Medium
Low
General
Fund
General
Fund
General
Fund
General
Fund
General
Fund
General
Fund
Short-
term
Short-
term
Long-
term
Short-
term
Short-
term
Short-
term
Nor'Easter, 1,7 RHD Low General Short-
Hurricane, Fund term
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.9-9
DRAFT- September 2007
SECTION 9.9: TOWN OF RIVERHEAD
R-11
R-12
R-13
R-14
R-15
R-16
R-17
volunteers for Red Cross
and Town Shelters, POD's
and Ham Radio Operation
during a disaster
Relocation/Acquisition
Residences on the North
Shore Bluffs that are at risk
of distruction from bluff
erosion
Elevation of Residences on
the South Shore that are in
designated flood prone
areas
Create County-Wide
Debris Removal Plan to
develop protocols and
designate shared sights to
manage debris removal
Road Elevation on flood
prone South Shore Roads
& Creek Road
Build a new Salt Storage
Barn to house and
maintain a larger quantity
of road salt thereby
requiring less deliveries
during severe conditions
Town Hail Basement and
Records Storage Facility
Remediation from
Groundwater and Flooding
Consider participation in
incentive-based programs
such as, eRS and "Storm-
Ready".
Severe Winter
Storm, Severe
Storm. Flood,
Wildfire
Nor'Easter,
Hurricane,
Severe Winter
Storm, Severe
Storm, Coastal
Erosion
Nor'Easter,
Hurricane,
Severe Winter
Storm, Severe
Storm, Flood,
Coastal Erosion
Nor'Easter,
Hurdcane,
Severe Winter
Storm, Severe
Storm
Nor'Easter, .
Hurricane,
Severe Winter
Storm, Severe
Storm, Flood,
Coastal Erosion
Severe Winter
Storm
Nor'Easter,
Hurricane,
Severe Winter
Storm, Severe
Storm. Flood,
Shallow
Groundwater
Flood,
Nor'Easter,
Hurricane,
Severe Weather
1,2,15
1,2, 15
7,12,13
13,15,16
12,14
2,16
1,2,3,7,13
RHD
RHD
SC
RHD
RHD
RHD
RHD
High
High
Medium
High
Medium
High
Low
PDM,
General
Fund
PDM,
General
Fund
General
Fund
PDM,
General .
Fund
General
Fund, Capital
Project -
Municipal
Bonds
PDM,
General
Fund, Capital
Project -
Municipal
Bonds
General fund
trough
existing
programs
Long-
term-
DOF
Long-
termDOF
Short-
term
Long-
~rm
DOF
Short-
term
Long
term
DOF
Long
Term
Notes: Short term = I to 5 years. Long Term= 5 years or greater, OG = On going program. DOF = Depending on funding. RHD = Riverhead.
SC - Suffolk CounW. PDM Pre-Disaster Mitigation Grant Program.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.9-10
DRAFT - September 2007
SECTION 9.9: TOWN OF RIVERHEAD
PRIORITIZATION OF MITIGATION INITIATIVES
H H Y Y N Medium
H H Y N N Medium
H H Y N N Medium
M M N N Y High
M M Y N Y High
H H Y N N Medium
H H Y N N Medium
M M Y N N Low
L L Y N Y High
L L Y N Y High
H H Y Y N Medium
H H Y y N Medium
M M Y Y N Medium
H H Y Y N Medium
M M Y N N Low
H H Y y N Medium
L L Y N N Low
Notes: H High. L - Low. M = Medium. N = No. N/A Not applicable. Y = Yes.
Explanation of Priorities
· High Priority - A project that meets multiple objectives (i.e., multiple hazards), benefits
exceeds cost, has funding secured or is an on-going project and project meets eligibility
requirements for the Hazard Mitigation Grant Program (HMGP) or Pre-Disaster Mitigation
Gram Program (PDM) programs. High priority projects can be completed in the short term ( 1
to 5 years).
· Medium Priority - A project that meets goals and objectives, benefits exceeds costs, funding
has not been secured but project is gram eligible under, HMGP, PDM or other gram
programs. Project can be completed in the short term, once funding is completed. Medium
priority projects will become high priority projects once funding is secured.
· Low Priorit~ - Any project that will mitigate the risk of a hazard, benefits do not exceed the
costs or are difficult to quantify, funding has not been secured and project is not eligible for
HMGP or PDM grant funding, and time line for completion is considered long term (1 to 10
years). Low priority projects may be eligible other sources of grant funding from other
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.9-11
DRAFT - September 2007
SECTION 9.9: TOWN OF RIVERHEAD
programs. A low priority project could become a high priority project once funding is secured
as long as it could be completed in the short term.
Prioritization of initiatives was based on above definitions: Yes
Prioritization of initiatives was based on parameters other than stated above: Not applicable.
FUTURE NEEDS TO BETTER UNDERSTAND RISK/VULNERABILITY
Consider participating in a comprehensive update to the Intra-jurisdictional County-wide Emergency
Management Plan.
· Consider participating in a comprehensive update to the lntra-jurisdictional County-wide Debris
Management Plan.
ADDITIONAL COMMENTS
None at this time.
HAZARD AREA EXTENT AND LOCATION
Hazard area extent and location maps have been generated for the Town of Riverhead and illustrate the
probable areas impacted within the Town. These maps are based on the best available data at the time of
the preparation of this Plan, and are considered to be adequate for planning purposes. Maps have only
been generated for those hazards that can be clearly identified using mapping techniques and
technologies, and for which the Town of Riverhead has significant exposure. These maps are illustrated -
in the hazard profiles within Section 5.4, Volume I &this Plan.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9,9-12
DRAFT - September 2007
SECTION 9,10: TOWN OF SHELTER ISLAND
TOWN OF SHELTER ISLAND
This section presents the jurisdictional annex for the Town of Shelter Island.
HAZARD MITIGATION PLAN POINT OF CONTACT
James J. Read Jr., Chief of Police
c/o Shelter Island Police Department
P.O. Box 1056
Shelter Island, NY 11964-1056
Phone: (631) 749.0600
E-mail: iread(~,shelterislandtown.us
Jay Card Jr., Police Officer
c/o Shelter Island Police Department
P.O. Box 1056
Shelter Island, NY 11964-1056
Phone: (631) 749-0600
E-mail: icard~,,shelterisla n dt own.us
TOWN PROFILE
Population: 2,441 (as of July 1, 2006)
Current year-round population: 2,500; Summer population: 15,000 (an approximate 299% increase in
population). Shelter Island's year round population growth, based on U.S. Census information, has
increase from 1,644 people, in 1970, to 2,228 people, in 2000.
Location
The Town of Shelter Island is located in eastern Suffolk County, between the North and South Forks. The
island covers an area of 12 square miles. The Village of Dering Harbor is the Town's only village, with a
population of 12 and a land area of 0.2 square miles.
Climate
The climate is that of our New England neighbors. Average temperatures range from the low 30's degrees
Fahrenheit (°F) to mid 70's (°F). Precipitation averages between 3.0 to 4.5 inches per month with the most
precipitation occurring in the month of January. On average, snowfall is limited to November through
April, with highest accumulations in January. The humidity ranges from approximately 50% and 80%
throughout the year.
Brief Hiswry
The Town of Shelter Island was incorporated in 1730. The Nature Conservancy's Mashomack Preserve
comprises one-third of the island's area, preserving natural forests, wetlands, and habitat for native
species. Shelter Island has more than 25 miles of coastline, including many saltwater marshes and tidal
wetlands. Summer tourism is the Island's primary industry. Tourists visiting the island enjoy its many
parks, public beaches, marinas, and the Heights Historic District.
Shelter Island has several unique qualities that enhance its sensitivity to natural hazards. These include its
small aquifer, large amount of coastline, and isolation from mainland resources. The island relies on a
small aquifer as the sole source of water. The aquifer is sensitive to drought, decreased infiltration due to
development, and saltwater intrusion near the coast. The island's extensive coastline is subject to erosion
and flooding in many areas. Transportation on and off of the island is provided by two privately owned
ferry companies: North Ferry provides access from Shelter Island Heights to Greenport on the North Fork,
DMA 2000 Hazard Mitigation Plan -Suffolk County, New York 9.10-1
DRAFT - September 2007
SECTION 9.10: TOWN OF SHELTER ISLAND
ahcl go,ih ~rry provicl~ acee~ to the §OUch ~ork via North Haven. During severe storm events, the
island may be isolated from the mainland, and additional emergency resources could become unavailable.
Governing Body Format
The Town's government is comprised of a Town Supervisor and four counsel persons. The Town's
government is elected by its citizens. This governing body will assume responsibility for adoption and
implementation of this plan. Many committees support the Town Board in an advisory capacity. The
police department is responsible for emergency management operations, with in the Town of Shelter
Island and the Village of Dering Harbor.
Growth/Development Trends
Based on the data tracked by the New York State Data Center, Shelter Island has experienced a modest
rate of growth. The overall population has increased by 9.66% since 2000 and has averaged 0.46% per
year from 1990 to 2006. Shelter Island is currently controlling development by purchasing open space.
During the past 10 years, approximately 35 homes have been built per year. As stated earlier, Shelter
Island's serviced population can increase by as much as 300% due to tourism. With this rate of growth, the
anticipated development trends for Shelter Island are considered low to moderate. The town's capabilities
to manage and deal with future growth and development are illustrated later in this annex.
NATURAL HAZARD EVENT HISTORY SPECIFIC TO SHELTER ISLAND
Nor'Easter
DR- 1692
4/15/07-
4/16/07
Erosion Shell Beach-Ram Island causeway, Trees-
wires down, Flooding $1.5M
16-22" Snow, Wind, Trees down, store flooding;
Severe Storm N/A 1/22/05
Damage assessment not available.
Drought N/A 8/2000 Emergency water restrictions; Damage assessment
not available.
Hurricane Floyd DR-1296/ 9/16/99 Erosion, Flooding, trees, Damage assessment not
EM 3149 available.
Severe Storm DR-1083 1/7/96- Snow- $22,000
1/8/96
Nor'Easter DR-1146 10/19/96 Flooding, trees, erosion $65,825
Drought N/A 8/22/95 Emergency water restrictions; Damage assessment
not available.
Drought N/A 7/12/94 Emergency water restrictions; Damage assessment
not available.
Severe Storm N/A 3/13/93 Lost shoulder on Ram Island Causeway $32,450
Nor'Easter DR-974 12/11/92 Erosion, road damage, trees, flooding $83,619
Tropical Storm Grace N/A 10/30/91- Road damage, docks damaged, erosion $37,255
10/31/91
Hurricane Bob DR-918 8/19/91 Trees down, erosion $114,632
Since
Ticks Diseases N/A Not available.
1980's
Flood N/A Continuous Flooded roadway Ram Island Causeway, West Neck
Road, Ram island Road, Bridge Street, Cedar Ave;
[DMA ~000 ha~ Miiig-~ii0n Pi~n ~ S~ffoi~ ~o~ni~i N~ ~ork 9710-2
DRAFT - September 2007
Shallow Ground Water N/A
Severe Storm N/A
Groundwater Contamination N/A
Notes: N/A Not applicable.
SECTION 9.10: TOWN OF SHELTER ISLAND
Damage assessment not available.
Continuous Congdon Road, Brander Parkway areas; Damage
assessment not available.
3/2/07 Flooding; Damage assessment not available.
Nitrogen, STOP (Stop Thro~ng Out Pollutants)
Continuous program established; Damage assessment not
available.
Number of FEM.4 Identified Repetitive Flood Loss Properties: 9
DMA 2000 Hazard Mitigation Plan- Suffolk County, New York 9.10-3
DRAFT- September 2007
SECTION 9.10: TOWN OF SHELTER ISLAND
NATURAL HAZARD RISK/VULNERABILITY RISK RANKING
lO0-year*: $56,226,000
$62,473,000
Nor' Easter Frequent 54
500-year*: $282,644,000 -
$296,992,000
Severe Winter Storms Damage estimate not available Frequent
Groundwater
Contamination Damage estimate not available Frequent
Severe Storms Damage estimate not available Frequent
Infestation No measurable impact to Frequent
structures
$101 Million
Flood 100-year**: $2,051,000 Frequent
500-year**: $4,595,000
Coastal Erosion Damage estimate not available Frequent
42
42
39
32
27
24
lO0-year*: $56,226,000-
$62,473,000
Hurricane Frequent
500-year*: $282,644,000 -
$296,992,000
Shallow Ground Water Damage estimate not available Frequent
Drought No measurable impact to Frequent
structures
Wildfire Damage estimate not available Rare
24
18
9
6
Building damage ratio estimates based on FEMA 386-2 (August 2001)
Frequent=- Hazard event that occurs more frequently than once in 10 years, Occasional=Hazard event that
occurs from once in 10 years to once in 100 years, Rare=Hazard event that occurs from once in 100 years to
once in 1,000 years, None= Hazard event that occurs less frequently than once in 1,000 years
The probability &occurrence for these events is weighted at "0" due to no exposure
Esthnated building replacement value (structure and contents) dmnaged by the 100-year and 500-year
hurricane-related winds and storm surge event as calculated using HAZUS-MH (custom methodology
explained in Section 5.4, Volume I in the Hurricane hazard profile).
Estimated building replacement value (struclure and contents) damaged by a 100-year and 500-year flood event
as calculated by HAZUS-MH.
CAPABILITY ASSESSMENT
This section identifies the following capabilities of the local jurisdiction:
· Legal and regulatory capability
· Administrative and technical capability
· Fiscal capability
· Community classification.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.104
DRAFT - September 2007
SECTION 9.10: TOWN OF SHELTER ISLAND
Legal and Regulator, Capabili~'
1) Building Code
Town Code, Chapters 43, 45
2003 NYS Building Code- ICC/with
NYS amendments
2) Zoning Ordinance Y N N y Town Code, Chapter 133, date 10-
1-05
3) Subdivision Ordinance Y N N y Town Code, Chapter 111, date 10-
01-05
Y
Y
N
4) Special Purpose Ordinances
(floodplain management, critical
or sensitive areas)
5) Growth Management N N N N
6) Floodplain ManagementJBasin N N N N
Plan
Y
N
7) Stormwater Management
Plan/ordinance
Town Cod~, Chaptem 50, 53, 60,
62,63,68,82,113,117,129
Dated 9-25-98
Town Cod{~, selections in Chapter
62; Date10-1-05
8) General Plan or Y N N y Shelter Island Comprehensive
Comprehensive Plan Plan; January 13, 1994
9) Capital Improvements Plan N N N N
10) Site Plan Review
N N N N
Requirements
11 ) Habitat Conservation Plan Y N N N Town Code, Chapters 50, 91
1-25-98
12) Economic Development Plan N N N N
13) Emergency Response Plan Y N N y Hurricane/Coastal Storm
Emergency Response Plan; 2008
Near Shore Oyeday Town Code
14) Shoreline Management Plan Y N N N
133-12 dated 3/15/07
15) Post Disaster Recovery Plan N N N N
16) Post Disaster Recovery N N N N
Ordinance
17) Real Estate Disclosure req. N N N N
18) Other N N N N
DMA 2000 H"~'~icl ~iiJ~io~ Pith ~ Sbffoik ~0untyl Ne~ Y;;k 9.10-5
DRAFT- September 2007
SECTION 9.10: TOWN OF SHELTER ISLAND
Administrative and Technical CapabiliD'
1) Planner(s) or Engineer(s) with knowledge of land
development and land management practices
2) Engineer(s) or Professional(s) trained in
construction practices related to buildings and/or
infrastructure
3) Planners or engineers with an understanding of
natural hazards
4) Floodplain Manager
5) Surveyor(s)
6) Personnel skilled or trained in "GIS" applications
7) Scientist familiar with natural hazards in Suffolk
County.
8) Emergency Manager
9) Grant Walter(s)
10) Staff with expertise or training in benefit/cost
analysis
Not on staff (contract as needed)
Not on staff (contract as needed)
Not on staff (contract as needed)
Town Building Inspector
Not on staff (contract as needed)
Police Personnel
Consultants \ Local Knowledgeable specialists
Chief of Police
On staff
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.10-6
DRAFT - September 2007
SECTION 9.10: TOWN OF SHELTER ISLAND
Fiscal Capabili~T
1) Community development Block Grants (CDBG)
2) Capital Improvements Project Funding Y
3) Authority to Levy Taxes for specific purposes Y
4) User fees for water, sewer, gas or electric service Y O/Vest Neck Water District Only) (Heights Area)
5) Impact Fees for homebuyers or developers of new
development/homes N
6) Incur debt through general obligation bonds Y
7) incur debt through special tax bonds Y
8) incur debt through private activity bonds N
9) Withhold public expenditures in hazard-prone areas Y
10) State sponsored grant programs Y
11) Other Y (Community Preservation Fund 2% Real Estate
Transfer Tax) Purchase open space .
Communi~ Classifications
Community Rating System (CRS) Not Participating N/A
Building Code Effectiveness Grading Schedule (BCEGS) 4/4 2004
Public Protection 5/9
Storm Ready Not Participating ' N/A
Firewise Not Participating N/A
· Higher classification applies to when subject property is located beyond 1000 feet of a creditable
fire hydrant and is within 5 road miles ora recognized Fire Station.
· N/A = Not applicable. - = Unavailable.
The above referenced classifications can be viewed as a gauge of this community's capabilities in all
phases of emergency management (preparedness, response, recovery and mitigation). These
classifications are used as an underwriting parameter for determining the costs of various forms of
insurance. The CRS class applies to flood insurance while the BCEGS and Public Protection
classifications apply to standard property insurance. Classifications range on a scale of I to 10 with class
one being the best possible classification, and class 10 representing no classification benefit. Criteria for
classification credits are outlined in the following documents:
· The Community Rating System Coordinators Manual
· The Building Code Effectiveness Grading Schedule
· The Fire Suppression Rating Schedule
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9,10-7
DRAFT- September 2007
SECTION 9,10: TOWN OF SHELTER ISLAND
Proposed Hazard Mitigation Initiatives
Aquifer protection -
Protect the ddnking
water supply by
installing and
maintaining storm water
collection systems that
will minimize fresh water
and contaminates from
running into the bays.
Additional water added
to the aquifer will ease
drought restrictions and
salt water intrusion,
while reducing flooding
on town
infestation of ticks and
deer - Reduce the white
tailed deer herd to the
recommended density.
Install 4 poster feeding
stations that will kill ticks,
on the deer, which can
carry diseases. Educate
the public regarding tick
born illness.
Groundwater General
7,8,9,11,13,15, Long
Contamination, 16 DPVV Low Fund/ term
Drought, Flood PDM
Infestation 1,10 PD/DPW $1.5M General
Medium fund/ Medium
Grant
General
fund/PDM
Raise flood prone areas Flood,
such as Ram Island /Storm
Drive / Road and West Nor'Easter, water Long
Neck Rd to an elevation Severe Storm, 2,5,8,11,13, DPW High abatement Term
Shallow DOF
that will not be inundated fund/
Groundwater
by flooding events. Highway
fund
Costal erosion - protect General
shoreline roads from
destruction. Harden Iow- Hurricane, Fund/ Shod
Flood, Coastal 5,8,11,13,15 DPVV $2M PDM/
lying roadways from Erosion Highway term
repetitive storm surge Fund
destruction.
Creek Capacity
enhancement- increase General
the stream flow capacity fund/PDM
in creeks to allow for /Storm Shod-
proper flushing of the Hurricane,
waters, which will Erosion Flood, Coastal 5,13, 16 SC Medium abatement water Term Long
decrease the duration of fund/ DOF
the flooding events, Highway
while protecting the fund
natural environment.
Support an initiative that Hurricane, Shelter PDM / Long
will identif~ viable Flood, Coastal 2,7,13 Island Town Unknown Home Term
repetitive loss Erosion Owner DOF
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.10-8
DRAFT - September 2007
SECTION 9.10: TOWN OF SHELTER ISLAND
properties, initiate a
plan that will mitigate
those losses, by
purchasing or retrofitting
the property to negate
Support county-wide
initiatives identified in
Section 6, Volume I of
the Suffolk County
Hazard Mitigation Plan.
Consider the
development of a post-
disaster action plan,
including a debds
management plan. This
to be incorporated into
existing emergency
Ail Hazards
All objectives
Shelter
Island Town
Council/ Existing
MPC/ programs
Suffolk Low and grant Short
funding Term OG
County where
Emergency applicable
manageme
nt
All Hazards
7, 12, 13
General
Public
Safety/ Fund,
Suffolk Co. FEMA Long '
Emergency Medium Hazard term,
Mitigation DOF
manageme Grant
nt
Funding
Consider participation in Flood,
incentive-based Nor'Easter,
programs such as, CRS Hurricane,
and "Storm-Ready". Severe Weather
Protect critical facility
structures- such as the
Emergency Operations
Center, with a multi-
jurisdictional building
retrofit, by bringing the
structures up to current
codes,
1,2,3,7,13
General
Shelter fund
Island Town Low trough Long
Term
Council existing
General
Fund,
FEMA
All Hazards 2, 3, 13, Shelter Low Hazard Short
14,15,16 Island Town Term
Mitigation
Grant
Funding
Assess and formulate
improvements for the
PODS distribution areas.
General
Fund,
FEMA
All Hazards 1,2,3,4,5,7,11, Shelter Low Hazard Short
12,14,15,16 Island Town Term
Mitigation
Grant
Notes: Short term = I to 5 years. Long Tern', 5 years or greater. OG = On going program. DOF ~ Depending on fimding. SC ~ Suffolk
County. PDM = Pre-Disaster Mitigation Grant Program.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.10-9
DRAFT - September 2007
SECTION 9,10: TOWN OF SHELTER ISLAND
PR1ORITIZATION OF MITIGATION INITIATIVES
Medium No Yes High
High Yes No Yes High
High High Yes Yes Yes High
High High Yes Yes Yes High
Medium Medium Yes Yes Yes High
High High Yes Yes No ·
High Low Yes Yes Yes 'High
Medium Medium Yes Yes No
Low Low Yes No No Low
S1-10 High Low Yes Yes Yes High
S1-11 High Low Yes Yes Yes Med
Notes: H = High. L = Low. M = Medium. N = No. N/A = Not applicable. Y = Yes.
Explanation of Priorities
· High Priority - A project that meets multiple objectives (i.e., multiple hazards), benefits
exceeds cost, has funding secured or is an on-going project and project meets eligibility
requirements for the Hazard Mitigation Grant Program (HMGP) or Pre-Disaster Mitigation
Grant Program (PDM) programs. High priority projects can bc completed in thc short term (1
to 5 years).
· Medium Priority - A project that meets goals and objectives, benefits exceeds costs, funding
has not been secured but project is grant eligible under, HMGP, PDM or other grant
programs. Project can be completed in the short term, once funding is completed. Medium
priority projects will become high priority projects once funding is secured.
· Low Priority - Any project that will mitigate thc risk of a hazard, benefits do not exceed the
costs or are difficult to quantify, funding has not been secured and project is not eligible for
HMGP or PDM grant funding, and time linc for completion is considered long term (1 to 10
years). Low priority projects may be eligible other sources of grant funding from other
programs. A low priority project could become a high priority project once funding is secured
as long as it could be completed in the short term.
Prioritization of initiatives was based on above definitions: Yes
Prioritization of initiatives was based on parameters other than stated above: Not applicable.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.10-10
DRAFT - September 2007
SECTION 9.10: TOWN OF SHELTER ISLAND
FUTURE NEEDS TO BETTER UNDERSTAND RISK/VULNERABILITY
· Consider participating in a comprehensive update to the intra-jurisdictional County-wide E~nergency
Management Plan.
· Consider participating in a comprehensive update to the intra-jurisdictional County-wide Debris
Management Plan.
ADDITIONAL COMMENTS
The general building stock replacement values used to estimate exposure and damages in the Risk
Assessment were U.S. Census 2000 data obtained from HAZUS-MH MR-2. The Planning Committee
feels these replacement costs underestimate the replacement costs for Suffolk County and therefore
exposure and damage estimates are believed to be below actual.
HAZARD AREA EXTENT AND LOCATION
Hazard area extent and location maps have been generated for the Town of Shelter Island and illustrate
the probable areas impacted within the Town. These maps are based on the best available data at the time
of the preparation of this Plan, and are considered to be adequate for planning purposes. Maps have only
been generated for those hazards that can be clearly identified using mapping techniques and
technologies, and for which the Town of Shelter Island has significant exposure. These maps are
illustrated in the hazard profiles within Section 5.4; Volume I of this Plan.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.10-11
DRAFT- September 2007
SECTION 9.11: TOWN OF SMITHTOWN
TOWN OF SMITHTOWN
This section presents thc jurisdictional annex for the Town of Smithtown.
HAZARD MITIGATION PLAN POINT OF CONTACT
Mr. John Valentine, Department Director
Department of Public Safety,
65 Maple Ave.
Smithtown, NY 11787
Phone: (631) 730-7553
E-mail: publicsafety~,tosqov.com
Mr. Nicholas Kefalos, Fire Marshal
Department of Public Safety
65 Maple Ave.
Smithtown, NY 11787
Phone: (631) 730-7553
E-mail: publicsafety~tosqov.com
TOWN PROFILE
Population 117,917 (as of July 1, 2006).
Location
The Town of Smithtown is bordered on the north by Long Island Sound, the west by Huntington, the south
by Islip and the east by Brookhaven, and lies in the western part of Suffolk County, approximately 50
miles east of New York City. The town's 55 square miles includes 30 miles of shoreline and 2,766 acres
of parkland which includes 5 beaches, 2 state parks, 3 county parks, a municipally owned pool and golf
course, 2 marinas, 3 boat launching ramps, and over 25 town parks. Smithtown is also host to orle of the
largest industrial parks in the country, as well as, hundreds of commercial enterprises throughout its
geographical boundaries. Three incorporated villages lie within Smithtown. They are the Village of the
Branch, the Village of Nissequogue and the Village of Head of the Harbor.
Climate
Smithtown enjoys a temperate, maritime climate with an average annual low temperature of 43.2 (°F) and
an average annual high temperature of 61.9 (°F). The average annual rain fall for Smithtown is
approximately 46", and the annual average accumulated snowfall is 26.6".
Brief History
Smithtown is named after its founder, Richard Smythe. Mr. Smythe was an English subject who first
settled in Southampton. After being banished from that town in 1656, possibly for religious reasons, he
settled in Setauket for nine years. Then in 1663, it is believed, he purchased the land that became known
as Smithtown from Lion Gardiner. Mr. Gardiner had been deeded the lands by Chief Wyandanch, Sachem
of thc Long Island Montauks, after Mr. Gardiner helped the chief get back his kidnapped daughter from a
party of raiding Narragansett Indians. A Royal land patent was officially issued in 1665 to Richard
Srnythe. Richard Smythe built his home on the site of a Nissequogue Indian village near the intersection
of River and Moriches Roads in what is today the Village of Nissequogue (the home is no longer
standing). Smythe and his wife, Sarah, had nine children: Jonathan, Obadiah, Richard, Job, Daniel,
Adam, Samuel, Elizabeth and Deborah. All the sons, with the exception of Obadiah who drowned in the
Nissequogue River in 1680, settled near their father and raised families of their own. After Richard
Smythc and his wife died, the lands comprising Smithtown were divided among their children. In 1735,
thc lands were further subdivided among their grandchildren in approximate fifty acre parcels.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.11-1
DRAFT- September 2007
SECTION 9.11: TOWN OF SMITHTOWN
Generations of these families have remained in the area populating sinitht0~vn ~iii~ l~hn3 direct
descendants of Richard Smythc.
Governing Body Format
The Town of Smithtown is governed by a council form of government consisting of 5 elected officials, one
of which is the Town Supervisor. This body will be responsible for the resolution, implementation and
update of the All-Hazards Mitigation Plan. The Town provides public safety, general administrative
services, parks and recreation, highway and other services to its residents.
Growth/Development trends
Based on the data tracked by the New York State Data Center, Smithtown has experienced a modest rate
of growth. The overall population has inc?eased only 2.06% since 2000 and has averaged 0.23% per year
from 1990 to 2006. Due to the numbers and nature of employers within the township, particularly in the
Hauppauge Industrial Park, the "day-time" population most likely exceeds 225,000. This represents an
approximate 50% increase of its resident population, which can have a significant impact on the services
provided by the Town. With this rate of growth, the anticipated development trends for Smithtown are
considered low to moderate. The Town's capabilities to manage and deal with future growth and
development are illustrated in Capability Assessment of this annex.
NATURAL HAZARD EVENT HISTORY SPECIFIC TO THE TOWN OF SMITHTOWN
Tropical Storm "Belle" DR 520 August 1976 Not Available
Ice Storm N/A January 1978 Not Available
Hurricane Gloda DR 750 October 1985 Not Available
Hurricane Bob DR 918 September 1991 $501,423.00
Nor'easter N/A December 1994 $58,876.00
Tropical Storm Floyd DR 1296 /
EM 3149 September 1999 $29,742.00
Snow Storm EM 3184 February 2003 $339,829.87
Sea Ice (Smithtown Bay) N/A February 2004 Not Available
Bli77ard N/A January 2005 $474,150.00
Rain Storm (15" Rain/Week) N/A October 2005 $137,990.00
Notes: N/A = Not applicable.
Number of FEMA Identified Repetitive Flood Loss Properties: 17
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.11-2
DRAFT- September 2007
SECTION 9.11: TOWN OF SMITHTOWN
NATURAL HAZARD RISK/VULNERABILITY RISK RANKING
lO0-year*: $523,494,000-'
$534,466,000
Nor'Easters Frequent 54
500-year*: $6,550,350,000 -
$6,573,105,000
2 Severe Storms Damage estimate not available Frequent 51
Severe Winter
2 Storm Damage estimate not available Frequent 51
3 Shallow
Groundwater Damage estimate not available Frequent 36
100-year*: $523,494,000-
$534,466,000
3 Hurricane Occasional 36
500-year*: $6,550,350,000 -
$6,573,105,000
Groundwater
4 Contamination No measurable impact to property Frequent 57
(natural)
5 Flooding 100-year**: $7,026,000 Frequent 18
500-year**: $7,999,000
6 Coastal Erosion Damage estimate not available Frequent 3
6 Infestation No measurable impact to property Rare 3
7 Wildfire Not available Occasional 0
7 Drought No measurable impact to property Occasional 0
a. Building damage ratio estimates based on FEMA 386-2 (August 2001 )
b. Frequent- Hazard event that occurs more frequently than once in 10 years, Occasional-Hazard event that
occurs from once in 10 years to once in 100 years, Rare-Hazard event that occurs from once in 100 years to
once in 1,000 years, None- Hazard event that occurs less frequently than once in 1,000 years
c. The probability of occurrence for these events is weighted at "0" due to no exposure
* Estimated building value (structure and contents) damaged by the 100-year and 500-year hurricane-related
winds and storm surge as calculated by HAZUS-MH.
** Estimated building value (structure and contents) damaged by the 100-year and 500-year flood events as
calculated by HAZUS-MH.
CAPABILITY ASSESSMENT
This section identifies the following capabilities of the local jurisdiction:
· Legal and regulatory capability
· Administrative and technical capability
· Fiscal capability
· Community classification.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.11-3
DRAFT- September 2007
SECTION 9.11: TOWN OF SMITHTOWN
Legal and RegulatoD, CapabiliD'
1) Building Code
Town BIdg Code adopted 1964
w/amendm ents - Ch 112. and NYS
Codes.
Zoning Code adopted 1964; with
2) Zoning Ordinance Y N N N amendments - Ch 322, Town
Code
3) Subdivision Ordinance N N N N
4) Special Purpose Ordinances Headings/Sections incorporated in
(floodplain management, critical y N N N the Town Zoning Code adopted
or sensitive areas) 1964; with amendments.
5) Growth Management N N N N
6) Floodplain Management/Basin
Plan N N N N
7) Stormwater Management
Plan/ordinance N N N N
8) General Plan or
Comprehensive Plan N N N N
9) Capital Improvements Plan Y N N N 10 year capital budget reviewed
annually.
10) Site Plan Review Sections incorporated in the Town
Requirements Y N N Y Zoning Code adopted Jan, 1966.
11) Habitat Conservation Plan N N N N
12) Economic Development Plan N N N N
13) Emergency Response Plan y N Y y Updated Annually. Maintained by
Dept. of Public Safety
14) Shoreline Management Plan N N N N
15) Post Disaster Recovery Plan y N N N
16) Post Disaster Recovery
Ordinance
N
N
Outlined in Town Emergency Mgt.
Plan; updated/reviewed annually.
17) Real Estate Disclosure req. N N N N
18) Other Y N N Y Fire Prevention Law LL#4-1990
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.11-4
DRAFT - September 2007
SECTION 9.t1: TOWN OF SMITHTOWN
Administrative and Technical Capabili .ty
1) Planner(s) or Engineer(s) with knowledge of land
development and land management practices
2) Engineer(s) or Professional(s) trained in
construction practices related to buildings and/or
infrastructure
3) Planners or engineers with an understanding of
natural hazards
4) Floodplain Manager
5) Surveyor(s)
6) Personnel skilled or trained in "GIS" applications
7) Scientist familiar with natural hazards in Suffolk
County.
8) Emergency Manager
9) Grant Walter(s)
10) Staff with expertise or training in benefit/cost
analysis
Panning Dept. and Engineering Dept.
Building Dept., Engineering Dept.
Engineering Department
The Town Planning Department director, Frank
DeRubeis, ~erves as the "Flood Hazard Permit
Administrator"
Engineering Dept.
Engineering Dept.
Department of Public Safety/Director
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.11-5
DRAFT- September 2007
SECTION 9,11: TOWN OF SMITHTOWN
Fiscal Capabili~~
1) Community development Block Grants (CDBG)
Don't know
2) Capital Improvements Project Funding Yes
3) Authority to Levy Taxes for specific purposes Yes
4) User fees for water, sewer, gas or electric service Yes: Smithtown Water District, St. James Water District
5) Impact Fees for homebuyers or developers of new Don't know
development/homes
6) Incur debt through general obligation bonds Yes
7) Incur debt through special tax bonds Don't know
8) Incur debt through pdvate activity bonds Don't know
9) Withhold public expenditures in hazard-prone areas No
'~0) State sponsored grant programs Don't know
11) Other FEMA sponsored grant funding. State legislative grants.
Community Classifications
Community Rating System (CRS) Not Participating N/A
Building Code Effectiveness Grading Schedule (BCEGS) 9/9 2006
Public Protection 3
Storm Ready Not Participating N/A
Firewise Not Participaiing N/A
· Higher classification applies to when subject property is located beyond 1000 feet of a creditable fire
hydrant and is within 5 road miles of a recognized Fire Station.
· N/A = Not applicable. - = Unavailable.
The hbove referenced classifications can be viewed as a gauge of this community's capabilities in all
phases of emergency management (preparedness, response, recovery and mitigation). These
classifications are used as an underwriting parameter for determining the costs of various forms of
insurance. The CRS class applies to flood insurance while the BCEGS and Public Protection
classifications apply to standard property insurance. Classifications range on a scale of 1 to 10 with class
one being the best possible classification, and class 10 representing no classification benefit. Criteria for
classification credits are outlined in the following documents:
· The Community Rating System Coordinators Manual
· The Building Code Effectiveness Grading Schedule
· The Fire Suppression Rating Schedule
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.11-6
DRAFT- September 2007
SECTION 9.11: TOWN OF SMITHTOWN
Proposed Hazard Mitigation Initiatives
ST-1
ST-2
ST-3
ST-4
ST-5
ST-6
ST-7
Update and enhance
Smithtown's existing
Emergency
management Plan
Continue/enhance on-
going stormwater
management facility
maintenance program.
Retrofit flood-prone
roadways that are
considered to be
critical infrastructure
Flood preventionin
areas~Lake
Ronkonkoma and Mills
Pond
Update/maintain
emergency
communications
systems and capability
town-wide.
Obtain Federal, State
training in benefit/cost
analysis
Consider non-
structural flood hazard
mitigation alternatives
for at risk properties
within the floodplain,
including those that
have been identified
as repetitive loss, such
as
acquisition/relocation,
or elevation depending
on feasibility. The
parameters for
feasibility for this
initiative would be:
funding, benefits
versus costs and
willing participation of
All Hazards
Flood
Nor'Easter,
Hurricane,
Severe
Weather
Flood,
Nor'Easter,
Hurricane,
Severe
Weather
All Hazards
Alt Hazards
Flood,
Nor'Easter,
Hurricane,
Severe
Weather
7, 12, 13
10,13
2,13
2,7,13
7, 12, 13
1,3,7
2,7,13
Public Safety
Highway
Highway
Smithtown
Town
Council
Public Safety
Smithtown
Town
Council
Smithtown
Town
Council
Low
Medium
High
High
Low
Low
High
General
Fund:
Department
Budget
DHS
program
Grant
General
Fund:
Department
Budget
General
Fund, FEMA
Hazard
Mitigation
Grant
Funding
Unknown
Capital and
General
Fund
State or
Federally
sponsored
thru
workshops or
training at
EMI
General
Fund, FEMA
Hazard
Mitigation
Grant
Funding
Short-
Term;
On-
Going
Short-
Term;
On-
Going
Lqng-
Term
Long~
Term
Short-
Term
Short-
Term
Long
term,
DOF
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.11-7
DRAFT - September 2007
SECTION 9.11: TOWN OF SMITHTOWN
ST-8
ST-9
ST-lO
property owners.
Support county-wide
initiatives identified in
Section 6, Volume I of
the Suffolk County
Hazard Mitigation
Plan.
Consider the
development of a post
-disaster action plan,
including a debris
management plan.
This to be
incorporated into
existing emergency
management plans.
Consider participation
in incentive-based
programs such as,
CRS and 'Storm-
Ready".
All Hazards
All Hazards
Flood,
Nor'Easter,
Hurricane,
Severe
Weather
All
objectives
7, 12, 13
1,2,3,7,13
Smithtown
Town
Council/
MPC/Suffolk
County
Emergency
management
Public
Safety/
Suffolk Co.
Emergency
management
Smithtown
Town
Council
Low
Medium
Low
Existing
programs
and grant
funding
where
applicable
General
Fund, FEMA
Hazard
Mitigation
Grant
Funding
General fund
trough
existing
programs
Short
Term OG
Long
term,
DOF
Long
Term
Notes: Short term = I to 5 years. Long Term= 5 years or greater. OG = On going program. DOF = Depending on funding. ST ~
Smithtown
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.11-8
DRAFT- September 2007
SECTION 9.11: TOWN OF SMITHTOWN
PRIORITIZATION OF MITIGATION INITIATIVES
Low Yes Yes Yes High
Medium Yes No Yes High
High Yes Yes No Medium
Low Yes No No Low
Medium Yes No Yes Medium
Low Yes No Yes High
High Yes Yes No Medium
Low Yes Yes Yes High
Medium Yes Yes No Medium
Low Low Yes No No Low
Explanation of Priorities
· High Priority - A project that meets multiple objectives (i.e., multiple hazards), benefits
exceeds cost, has funding secured or is an on-going project and project meets eligibility
requirements for the Hazard Mitigation Grant Program (HMGP) or Pre-Disaster Mitigation
Grant Program (PDM) programs. High priority projects can be completed in the short term (1
to 5 years).
· Medium Priority - A project that meets goals and objectives, benefits exceeds costs, funding
has not been secured but project is grant eligible under, HMGP, PDM or other grant
programs. Project can be completed in the s'hort term, once funding is completed. Medium
priority projects will become high priority projects once funding is secured.
· Low Priority - Any project that will mitigate the risk of a hazard, benefits do not exceed the
costs or are difficult to quantify, funding has not been secured and project is not eligible for
HMGP or PDM grant funding, and time line for completion is considered long term (1 to 10
years). Low priority projects may be eligible other sources of grant funding from other
programs. A low priority project could become a high priority project once funding is secured
as long as it could be completed in the short term.
Prioritization of initiatives was based on above definitions: Yes
Prioritization of initiatives was based on parameters other than stated above: Not applicable.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.11-9
DRAFT- September 2007
SECTION 9.11: TOWN OF SMITHTOWN
FUTURE NEEDS TO BETTER UNDERSTAND RISK/VULNERABILITY
· Consider participating in a comprehensive update to the intra-jurisdictional County-wide Emergency
Management Plan.
· Consider participating in a comprehensive update to thc intra-jurisdictional County-wide Debris
Management Plan.
ADDITIONAL COMMENTS
None at this time.
HAZARD AREA EXTENT AND LOCATION
Hazard area extent and location maps have been generated for the Town of Smithtown that illustrate the
probable ~reas impacted within the Town. These maps are based on the best available data at the time of
the preparation of this plan, and are considered to be adequate for planning purposes. Maps have only
been generated for those hazards that can be clearly identified using mapping techniques and
technologies, and for which the Town of Smithtown has significant exposure. These maps are illustrated
in the hazard profiles within Section 5.4, Volume I of this Plan.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.11-10
DRAFT - September 2007
SECTION 9,12: VILLAGE OF THE BRANCH
VILLAGE OF THE BRANCH
This section presents the jurisdictional annex for the Village of The Branch.
HAZARD MITIGATION PLAN POINT OF CONTACT
Irene Kissane, Mayor
Incorporated Village of The Branch Village Hall,
P.O. Box 725
Smithtown, NY 11787-0725
Phone: (631) 265-3315
E-mail: villaqeofbranch~,optonline.net
Phone:
E-mail:
VILLAGE PROFILE
Population
Location
The Village of The Branch is located within the Town of Smithtown.
Climate
The Village of The Branch enjoys a moderate climate with average Iow temperatures in the 30's degrees
Fahrenheit (°F) and average high temperatures in the mid 70's (°F). Precipitation averages between 3.0 to
4.5 inches per month, receiving the highest amount of precipitation in March. The humidity ranges
between 55 and 80% throughout the year.
Brief History
There is a legend that Richard Smythe, one of the first settlers in the mid'1600's, bought the Smithtown
area from the Nesquake Indians who told him that he could own as much land that he could cover riding a
bull in one day. He waited for the longest day of the year, rose at sunrise and covered an area that is
approximately 27 square miles today. However, there is evidence that Smithtown was acquired by Lion
Gardiner, an Englishman, who was a good friend of Chief Wyandanch, a Montauk Indian. Heather
Flower, Wyandanch's daughter, was kidnapped on her wedding day. Gardiner earned the Nesquake land
as part of negotiations with Chief Wyandanch in the release of Heather Flower. Gardiner then handed the
land over to Richard Smythe.
There were more than 700 residents in the Town of Smithtown in the 1700's. History tells us that they
suffered severely during the American Revolution spreading debt and hardship. During the 19th century,
the commercial center became known and the Village of the Branch where the first school was
constructed.
The Village of the Branch was incorporated in 1927 with a population of 131 in an area of approximately
one square mile comprised of large estates, open fields and cultivated areas. Today the village has almost
no vacant land and is comprised of shopping centers, office buildings, residential subdivisions and
historical sites. The population exceeds 1,895 people.
DMA 2000 Hazard Mitigation Plan- Suffolk County, New York 9.12-1
DRAFT - September 2007
SECTION 9.12: VILLAGE OF THE BRANCH
The i~sue that sparked the m0~ement to in~o~rate ~hs the desire to esta~iish a municipal water plant. A
group against this plan decided to leave the jurisdiction of the Township of Smithtown by incorporating.
They would thus gain control over such matters as zoning, planning, and services such as water, highway
maintenance, police and fire protection.
The proposition for the incorporation of the Village of The Brach, dated February 5th, 1927, was
circulated. The proposition stated that the requirements for incorporation had been met, the territory did
not exceed one square mile, it was situated entirely within the Town of Smithtown, it did not include any
part of any other village, there was a populations of at least 50 but not more than 200 people. The petition
was followed by consent to the proposed incorporations signed by owners of at least one-half of the real
property value. On this document were such Smithtownites as Miller, Goetchius, Blydenburgh, Huntting,
Walker, Lawrence~ Hewlett, Nicodemus, Arthur, Arnold, Turrell, White, and, of course, Smith. A public
hearing on the subject was held on March 29, 1927, all of the 16 ballots were cast: 11 yes votes and 5 no
VOteS.
Opposition to the incorporation took many forms. Some felt that it was only a threat to prevent the
municipal water plant from being pursued while others felt it was the secret ambition of the gentry who
wished the incorporation to ally themselves with the already incorporated Village of Nissequogue. Others
felt that incorporating villages would mark the end of the town. in 1927 proceedings were started to form
incorporations of the Village of The Landing, which fell on hard times and was dissolved a few years later.
After a court challenge to the incorporation process, the Village of The Branch became an incorporated
village. Until this day, the village continues to work with the Town of Smithtown officials for the ben~fit
of the residents.
Governing Body Format
In the 1920's the unpaid Mayor and two Trustees administered the needs of the village holding only four
meetings a year. Today the village has a budget of $500,000, elects a Mayor, four Trustees and two
Justices. An election is held every two years on the 3rd Tuesday of March. Monthly meetings address all
village business. This body will assume the responsibility for the implementation and adoption of this
plan.
Growth/Development trends
Based on the data tracked by the New York State Data Center, the Village of The Branch has experienced
a modest rate of residential growth. The overall population has increased only 2.03% from 2000 to 2006
and has averaged 0.82% per year from 1990 to 2006. The Village's capabilities to manage and deal with
future growth and development are illustrated in Capability Assessment of this annex.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.12-2
DRAFT- September 2007
SECTION 9.12: VILLAGE OF THE BRANCH
NATURAL HAZARD EVENT HISTORY SPECIFIC TO THE VILLAGE OF THE BRANCH
Rain Storm N/A October 2005 $4,000
Blizzard N/A January 2005 $20,000
Snow Storm EM 3184 February 2003 $18,000
Tropical Storm (Hurricane DR 1296 / September 1999 $2,000
Floyd) EM 3149
Nor'Easter N/A December 1994 $8,000
Hurricane Bob DR 918 August 1991 Minimal
Notes: N/A Not applicable.
Number of FEMA Identified Repetitive Flood Loss Properties: 0
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.12-3
DRAFT- September 2007
SECTION 9.12: VILLAGE OF THE BRANCH
NATURAL HAZARD RISK/VULNERABILITY RISK RANKING
I2
3
4
5
6
7
8
100-year*: $199,000
500-year*: $262,000
Flood High
Hazardous
matedal (fixed Medium
site)
Hazardous
material (in Medium
transit)
Hurricane
100-year**: $8,797,000
500-year**: $113,620,000
High
Ice Storm Damage estimate not available Medium
Oil Spill High
Severe Storm Damage estimate not available High
Winter Storm
(severe) Damage estimate not available High
Building damage ratio estimates based on FEMA 386-2 (August 2001)
Frequent= Hazard event that occurs more frequently than once in 10 years, Occasional=Hazard event that
occurs from once in 10 years to once in 100 years, Rare=Hazard event that occurs from once in 100 years to
once in 1,000 years, None= Hazard event that occurs less frequently than once in 1,000 years
The probability of occurrence for these events is weighted at "0" due to no exposure
Estimated building value (structure and contents) damaged by the 100-year and 500-year flood events as
Calculated by HAZUS-MH.
Estimated building value (structure and contents) damaged by the 100-year and 500-year hurricane-related
winds and storm surge as calculated using HAZUS-MH (custom methodology explained in Section 5.4,
Volume I in the Hurricane hazard profile).
CAPABILITY ASSESSMENT
This section identifies the following capabilities of the local jurisdiction:
· Legal and regulatory capability
· Administrative and technical capability
· Fiscal capability
· Community classification.
DMA 2000 Haz~id Miiigaii~n Pian ~ $~ffolk co~niy, Ne~ York 9112-4
DRAFT- September 2007
SECTION 9.12: VILLAGE OF THE BRANCH
Legal and Regulator, Capabili~'
1) Building Code Y N N Y March 13, 1973
2) Zoning Ordinance Y N N Y March 13, 1973
3) Subdivision Ordinance N N N N
4) Special Purpose Ordinances
(floodplain management, critical N N N 'N
or sensitive areas)
5) Growth Management N N N N
6) Floodplain Management/Basin y N N N 12/8/1987 L.L. No .5-1987
Plan
7) Stormwater Management N N N N
Plan/ordinance
8) General Plan or
N N N N
Comprehensive Plan
9) Capital Improvements Plan N N N N
10) Site Plan Review Y N N y Part of State Mandated building
Requirements code.
11) Habitat Conservation Plan N N N N
12) Economic Development Plan N N N N
13) Emergency Response Plan Y N N N
14) Shoreline Management Plan N N N N
15) Post Disaster Recovery Plan N N N N
16) Post Disaster Recovery N N N N
Ordinance
17) Real Estate Disclosure req. N N N N
N N Y Fire Prevention
18) Other
Y
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.12-5
DRAFT- September 2007
SECTION 9.12: VILLAGE OF THE BRANCH
Administrative and Technical Capability.'
1) Planner(s) or Engineer(s) with knowledge of land
development and land management practices
2) Engineer(s) or Professional(s) trained in
construction practices related to buildings and/or
infrastructure
3) Planners or engineers with an understanding of
natural hazards
4) Floodplain Manager
5) Surveyor(s)
6) Personnel skilled or trained in "GIS" applications
7) Scientist familiar with natural hazards in Suffolk
County.
8) Emergency Manager
9) Grant Walter(s)
10) Staff with expertise or training in bencffit/cost
analysis
Planning Dept., Engineering Dept.
Building Dept., Engineering Dept., Highway Dept.
Building Dept., Engineering Dept,
Dept. of Environment and Waterways, Planning Dept.
Engineering Dept.
Mayor
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9,12-6
DRAFT - September 2007
SECTION 9.12: VILLAGE OF THE BRANCH
Fiscal CapabiliD'
1) Community development Block Grants (CDBG)
Yes
2) Capital Improvements Project Funding Yes
3) Authority to Levy Taxes for specific purposes
4) User fees for water, sewer, gas or electric service
5) Impact Fees for homebuyers or developers of new
development/homes
6) Incur debt through general obligation bonds
7) Incur debt through special tax bonds
8) Incur debt through pdvate activity bonds
9) ~/ithhold public expenditures in hazard-prone areas
10) State sponsored grant programs
11) Other No
Conduct an updated plan with the county for Millers Pond
to control flooding Yes
Adopt an updated Emergency response plan in
conjunction with The Town of Smithtown. Yes
Maintain National Incident Management System, State
Emergency Management System, and Incident Yes
Command System training for Village Trustee's
Increase Public awareness of Hazards Yes
Participate with The Town of Smithtown on their
Mitigation projects because of the village's tocation within Yes
the Town of Smithtown.
Community Classifications
Community Rating System (CRS) Not Participating N/A
Building Code Effectiveness Grading Schedule (BCEGS) 3/3 2004
Public Protection 3 N/A
Storm Ready Not Participating N/A
Firewise Not Participating N/A
· Higher classification applies to when subject property is located beyond 1000 feet of a creditable
fire hydrant and is within 5 road miles of a recognized Fire Station.
The above referenced classifications can be viewed as a gauge of this community's capabilities in all
phases of emergency management (preparedness, response, recovery and mitigation). These
classifications are used as an underwriting parameter for determining the costs of various forms of
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.12-7
DRAFT - September 2007
SECTION 9.12: VILLAGE OF THE BRANCH
insurance. The CRS class applies to flood insurance while the BCEGS and Public Protection
classifications apply to standard property insurance. Classifications range on a scale of 1 to 10 with class
one being the best possible classification, and class 10 representing no classification benefit. Criteria for
classification credits are outlined in the following documents:
· The Community Rating System Coordinators Manual
· The Building Code Effectiveness Grading Schedule
· The Fire Suppression Rating Schedule
Proposed Hazard Mitigation Initiatives
VB-1
VB-2
VB-3
VB-4
VB-5
VB-6
Establish a Capital
Improvement program for
the village that is based on
a Capital Improvement
Plan, mechanism for
funding projects, and
process for review and
update.
Partner with Suffolk County
in the development of an
enhanced feasibility study
to determine the most
feasible retrofit to Millers
Pond to enhance flood
control for the village.
Adopt an updated
Emergency response plan
in conjunction with The
Town of Smithtown.
Maintain National Incident
Management System,
State Emergency
Management System, and
Incident Command System
training for Village
Trustee's
Increase Public awareness
of Hazards
Partner with The Town of
Smithtown on their
Mitigation projects that
impact the Village to
leverage resources, and
secure multiple tangible
benefits for both entities.
All Hazards
Flood,
Severe
storms, Nor'
Easters,
Hurricane
All Hazards
All Hazards
All Hazards
Flood,
Nor'Easter,
Hurricane,
Severe
Weather,
Shallow
Ground
water
5,15,16
3,5,7,15,16
1,3,7,13
1,3,7,13
1,3,7
7,15
Village
Mayor/
Trustee's
Village
Mayor/
Trustee's
Village
Mayor/
Trustee's
Village
Mayor/
Trustee's
Village
Mayor/
Trustee's
Village
Mayor/
Trustee's
High
High
Low
Low
Low
Medium
Village
geneml
Fund, bonds,
Impactfees
Village
general
Fdnd, bonds,
Impact fees,
cost-share
with Suffolk
County
Village
General fund
through
existing
programs
Village
General fund
through
existing
programs,
DHS
program
Irant
Village
General fund
through
existing
programs
Village
Generafund,
cost-sharing
with
Smithtown.
Possible
FEMA
hazard
Mitigation
Long-
DOF
Long-
term,
DOF
Short
term
Short
term
Shod
term
Long
term
DOF
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.12-8
DRAFT- September 2007
SECTION 9,12: VILLAGE OF THE BRANCH
VB-7
VB-8
VB-9
Support county-wide
initiatives identified in
Section 6, Volume I of the
Suffolk County Hazard
Mitigation Plan.
Consider the development
of a post -disaster action
plan, including a debris
management plan. This to
be incorporated into
existing emergency
mana~lement plans.
Consider participation in
incentive-based programs
such as, CRS and "Storm-
Ready".
All Hazards
All Hazards
Flood,
Nor'Easter,
Hurricane,
Severe
Weather
Village
Council/
All MPC/Suffolk
objectives County
Emergency
Management
Public
Safety/
7, 12, 13 Suffolk Co.
Emergency
Management
1,2,3,7,13
Low
Medium
Grant
Funding
depending
upon project
eligibility,
Existing
programs
and grant
funding
where
applicable
General
Fund, FEMA
Hazard
Mitigation
Grant
Funding
General fund
trough
existing
Short -
Term OG
Long
term,
DOF
Village
Council
Low
pmgrams
Long
Term
Notes: Short term = I to 5 years. Long Term= 5 years or greater. OG = On going program. DOF Depending on funding, ST = Smithtown
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.12-9
DRAFT - September 2007
SECTION 9.12: VILLAGE OF THE BRANCH
PRIORITIZATION OF MITIGATION INITIATIVES
Low Low Yes Yes Yes High
High Low Yes No Yes High
High Low Yes No Yes High
Low Yes Yes Yes Medium
Low Low Yes No Yes Low
High Low Yes Yes Yes High
High Low Yes No Yes High
Medium Yes Yes No Medium
Low Low Yes No No Low
Explanation of Priorities
High Priority - A project that meets multiple objectives (i.e., multiple hazards), benefits
exceeds cost, has funding secured or is an on-going project and project meets eligibility
requirements for the Hazard Mitigation Gram Program (HMGP) or Pre-Disaster Mitigation
Gram Program (PDM) programs. High priority projects can be completed in the short term (1
to 5 years).
Medium Priority - A project that meets goals and objectives, benefits exceeds costs, funding
has not been secured but project is grant eligible under, HMGP, PDM or other grant
programs. Project can be completed in the short term, once funding is completed. Medium
priority projects will become high priority projects once funding is secured.
Low Priority - Any project that will mitigate the risk of a hazard, benefits do not exceed the
costs or are difficult to quantify, funding has not been secured and project is not eligible for
HMGP or PDM grant funding, and time line for completion is considered long term (1 to 10
years). Low priority projects may be eligible other sources of grant funding from other
programs. A low priority project could become a high priority project once funding is secured
as long as it could be completed in the short term.
Prioritization of initiatives was based on above definitions: Yes
Prioritization of initiatives was based on parameters other than stated above: Not applicable.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.12-10
DRAFT - September 2007
SECTION 9.12: VILLAGE OF THE BRANCH
FUTURE NEEDS TO BETTER UNDERSTAND RISK/VULNERABILITY
· Consider Participating in a comprehensive update to the lntra-jurisdictional Countywide Emergency
Management Plan.
· Consider Participating in a comprehensive update to the Intra-jurisdictional Countywide Debris
Management Plan.
ADDITIONAL COMMENTS
None at this time.
HAZARD AREA EXTENT AND LOCATION
Hazard area extent and location maps have been generated for the Village of The Branch illustrate the
probable areas impacted within the Village. These maps are based on the best available data at the time of
the preparation of this Plan, and are considered to be adequate for planning purposes. Maps have only
been generated for those hazards that can be clearly identified using mapping techniques and
technologies, and for which the Village of The Branch has significant exposure. These maps are
illustrated in the hazard profiles within Section 5.4, Volume 1 of this Plan.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.12-11
DRAFT- September 2007
SECTION 9.t3: VILLAGE OF NISSEQUOGUE
VILLAGE OF NISSEQUOGUE
The Village of Nissequogue did not prepare their jurisdictional annex in time for submission of this draft
Plan to NYSEMO.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.13-1
DRAFT - September 2007
SECTION 9.14: VILLAGE OF HEAD OF THE HARBOR
VILLAGE OF HEAD OF THE HARBOR
The Village of Head of The Harbor did not prepare their jurisdictional annex in time for submission of
this draft Plan to NYSEMO.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.14-1
DRAFT - September 2007
SECTION 9,15: TOWN OF SOUTHOLD
TOWN OF SOUTHOLD
This section presents the jurisdictional annex for the Town of Southold.
HAZARD MITIGATION PLAN POINT OF CONTACT
Ed Forrester, Director of Code Enforcement
P.O. Box 1179
Southold, NY 11971
Phone: (631) 765-1939
E-mail: ed.forrester~,,town.southold~ny.us
Lloyd Reisenber9, Network and Systems Administrator
P.O. Box 1179
Southold, NY 11971
Phone: (631) 765-1891
· E-mail: Iloyd.reisenberq~,town.southold.ny.us
TOWN PROFILE
Population 21,000 year round; 50,000 seasonal
Location
The Town of Southold is located at the eastern extreme of Long Island, at the end of the northern
peninsula known as the North Fork. It is the eastern-most township on the North Fork and is bordered to
the west by the Town of Riverhead and to the south by the Town of Shelter Island. The incorporated
Village of Greenport lies within the Town of Southold. The entire Town, including Fishers, Plum and
Robins islands, is approximately 54 square miles in size with approximately 163 linear miles of coastline.
It is long and narrow in shape, with the mainland extending 21 miles from the Riverhead town line east to
Orient Point. Its greatest width is 5 miles, although generally the western portions of the mainland average
3 miles in width, while to the east of Hashamomuck Pond, the Town is never wider than 1.25 miles.
Climate
The Town of Southold enjoys a moderate climate with an average low temperature of 30 degrees
Fahrenheit in January, with an average maximum high temperature of approximately 72 degrees
Fahrenheit in July. Precipitation averages between 3.1 to 4.6 inches per month with the most precipitation
occurring in the month of January. On average, snowfall is limited to November through April, with
highest accumulations in January. The average wind velocity is between 8.5 and approximately 12 miles
per hour.
Brief History
The Town of Southold, site of the oldest English settlement in New York State, has a history going back to
1638 when a group of men landed from Antigua, one of the Leeward Islands, to set up a turpentine
distillery, using as a natural resource, the trees of the great pine swamp that lay west of present day
Greenport. Two years later another group of settlers arrived from the New Haven colony. That year, 1640,
is generally considered to mark the beginning of the Town of Southold, although town records are missing
for that early period until 1651.
Much of the original Town of Southold was part of the Aquebogue Purchase, acquired from the Indians in
164849. The area contained in that purchase was substantially that more fully outlined and described in
Governor Andros' Patent, executed in 1676. That early town, part of the East Riding of Yorkshire (which
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.15-1
DRAFT- September 2007
SECTION 9.15: TOWN OF SOUTHOLD
h~Ja~J ~uffoik c0uniy in i68~)i stretched along thJ n0rthJ~ Shore Of Long iJJand fr~ ~ading River to
Orient Point. In 1730, Shelter Island became a separate town, followed by Riverhead in 1792.
Governing Body Format
The Town of Southold is governed by a Town Supervisor and a Board comprised of 5 members, all are
elected positions. This body will assume responsibility for the adoption and implementation of this plan.
Growth/Development Trends
Between 1800 and 1990, the permanent population of the Town increased by an average of 17 percent
every ten years. The 1990 census population for Southold was 17,766 persons, excluding the Incorporated
Village of Greenport with its population of 2,070 persons. The 2000 Census revealed a population of
18,551 persons, excluding the Incorporated Village of Greenport, a population of 2,048. This population is
located in a series of discrete traditional hamlets, which include Laurel, Mattituck, Cutchogue, New
Suffolk, Peconic, Southold, East Marion and Orient. There is also a small hamlet on Fishers Island.
Outside of the Village of Greenport, these hamlets are the main centers of residential development and'
commercial activity within the Town of Southold and form the community framework of the Town with
which its residents identify.
Although the average rate of growth in Southold since the 1790s has been 17 percent per decade, the
Town's population has experienced wide fluctuations in growth rates - from a high of 34 percent between
1830 and 1840 to a low of minus 4 percent between 1910 and 1920. Since the 1950s, however, the rate has
averaged 14.5% per decade with a high of 26% during the 1970s and a low of 3.5% during the 1980s
decade. Between 1950 and 1990 the population increased 58% from 11,632 to 19,836.
NATURAL HAZARD EVENT HISTORY SPECIFIC TO THE TOWN OF SOUTHOLD
Tornado N/A Aug. 19, 1991 Damage assessment is not available.
Tornado N/A Aug. 8, 1999 Damage assessment is not available.
Coastal Erosion associated 1982
with Hurricane Cindy N/A (1 of top 3 erosion Damage assessment is not available.
(also see Hurricane) events)
Coastal Erosion associated
with Hurricane Gloda (also see DR 750 Oct. 18, 1985 Damage assessment is not available.
Hurricane)
Coastal Erosion "The Perfect Oct. 30-31, 1991
Storm" (also see Flooding and N/A (1 of top 3 erosion Damage assessment is not available.
Nor'Easter) events)
Coastal Erosion associated
with Hurricane Bob (also see DR 918 Sept. 16, 1991 Damage assessment is not available.
Hurricane)
Coastal Erosion (also see DR 974 Dec. 11-14, 1992 Damage assessment is not available.
Nor'Easter and Coastal Storm)
Coastal Erosion (also see N/A Oct. 14, 2005 Damage assessment is not avai}able.
Severe Storm)
Coastal Erosion (also see N/A Sept. 2, 2006 Damage assessment is not available.
Severe Storm)
DMA 2000 Hazard Mitigation Plan -Suffolk County, New York 9.15-2
DRAFT- September 2007
SECTION 9,15: TOWN OF SOUTHOLD
Coastal Storm (also
see Nor'Easter, Coastal
Erosion)
DR 974
Flooding
also see Nor'Easter) DR 1146 Oct. 19-20, 1996
Coastal Flooding N/A Nov. 19, 1996
Flooding associated with
remnants of Tropical Storm
Floyd
also see Hurricane)
Nor'Easter "The
Perfect Storm" (also see
Coastal Erosion)
DR 1296 /
EM 3149
Sept. 1999
Damage assessment is not available.
Damage assessment is not available.
Damage assessment is not available.
Damage assessment is not available.
Oct. 30-31, 1991
Tropical Storm - Belle DR 520 Aug. 10, 1976 Damage assessment is not available.
Hurricane Cindy 1982
(also see Coastal Erosion) N/A ( 1 of top 3 erosion Damage assessment is not available.
events)
Hurricane Gloda
(also see flooding and coastal DR 750 Oct. 18, 1985 Damage assessment is not available.
erosion)
Hurricane Bob
(also see flooding and coastal DR 918 Sept. 16, 1991 Damage assessment is not available.
erosion)
Tropical Storm Floyd DR 1296 /
(also see flooding) EM 3149 Sept. 1999 Damage assessment is not available.
Nor'Easter N/A Feb. 6-7, 1978 Damage assessment is not available.
N/A
DR 974
Nor'Easter
(also see Coastal Storm)
Dec. 11-14,1992
Damage assessment is not available.
Damage assessment is not available.
Nor'Easter N/A Jan. 1994 Damage assessment is not available.
Nor'Easter
(also see flooding) DR 1146 OcL 19-20, 1996 Damage assessment is not available.
Nor'Easter N/A Mar. 5-7, 2001 Damage assessment is not available.
Nor'~=aster N/A Dec. 26, 2002 Damage assessment is not available.
Severe Winter Storm N/A Dec. 17, 1973 Damage assessment is not available.
Severe Winter Storm N/A Jan. 19-20, 1978 Damage assessment is not available.
Severe Winter Storm N/A Feb. 5, 1978 Damage assessment is not available.
Severe Winter Storm N/A Apr. 6, 1982 Damage assessment is not available.
Severe Winter Storm N/A Feb. 11-12 1983 Damage assessment is not available.
Severe Winter Storm FEMA EM-
3107 Mar. 1993 Damage assessment is not available.
Severe Winter Storm DR 1083 Jan 6-8, 1996
(second largest) Damage assessment is not available.
Severe Winter Storm N/A Dec. 1996 Damage assessment is not available.
Severe Winter Storm
"President's Day Storm" EM 3184 Feb. 17-18, 2003 Damage assessment is not available.
Severe Winter Storm N/A Dec. 6, 2003 Damage assessment is not available.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.15-3
DRAFT - September 2007
Severe Winter Storm
Severe Winter Storm
N/A
N/A
N/A
SECTION 9.15: TOWN OF SOUTHOLD
/
Jan. 27-28, 2004 Damage assessment is not available.
Jan. 19,2005
Damage assessment is not available.
Severe Winter Storm Jan. 22-23, 2005 Damage assessment is not available.
Feb. 21 - Mar. 12,
Severe Winter Storm N/A 2005 (5 storms) Damage assessment is not available.
Severe Winter Storm N/A Feb. 11-12, 2006 Damage assessment is not available.
Lyme Disease (Endemic in
Suffolk County) Between 1989, Damage assessment is not available.
1997 and 2005, Suffolk County N/A 1997- 2005
has documented 5,377 cases
of Lyme disease
Notes: N/A Not applicable.
Number of FEMA Identified Repetitive Flood Loss Properties: 51
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.15-4
DRAFT- September 2007
SECTION 9.15: TOWN OF SOUTHOLD
NATURAL HAZARD RISK/VULNERABILITY RISK RANKING
Nor'Easters (extra-tropical
cyclones, including severe
winter Iow-pressure
systems)
Flooding (riverine, flash,
coastal, and urban
flooding)
Severe Winter Storm
(heavy snow, blizzards, ice
storms)
lO0-year*: $423,371,000-
$670,191,000
500-year*:$1,953,304,000-
$2,394,202,000
100-year**: $94,200,000
5oo-year**:$175,825,0oo
Damage estimate nd available
Coastal Erosion Damage estimate not available
Hurricane (tropical
cyclones, including tropical
storms and tropical
depressions)
loo-year*: $423,371,000-
$670,191,000
500-year*:$1,953,304,000-
$2,394,202,000
Frequent 48
Frequent 45
Frequent 39
Freduent 36
Occasional 32
Severe Storms
(windstorms,
thunderstorms, hail,
lightning and tornados)
Damage estimate not available Frequent
Infestation (ALB, Lyme No measurable impact to Rare
Disease, WNV) structures
Drought No measurable impact to Rare
structures
Groundwater
Contamination (natural) Damage estimate not available Rare
Wildfire Damage estimate not available Rare
Shallow Groundwater Damage estimate not available Rare
30
12
7
6
6
0
a. Building damage ratio estimates based on FEMA 386-2 (August 200 l)
b. Frequent=- Hazard event that occurs more frequently than once in 10 years, Occasional=Hazard event that occurs
fi.om once in 10 years to once in 100 years, Rare=Hazard event that occurs from once in 100 years to once in 1,000
years, None= Hazard event that occurs less frequently than once in 1,000 years
c. The probability of occurrence for these events is weighted a! "0" due to no exposure
* Estimated building value (structure and contents) damaged by the 100-year and 500-year hurricane-related winds
and storm surge as calculated using HAZUS-MH (custom methodology explained in Section 5.4, Volume 1 in the
Hurricane hazard profile).
** Estimated building value (structure and contents) damaged by the 100-year and 500-year flood events as calculated
by HAZUS-MH.
CAPABILITY ASSESSMENT
This section identifies thc following capabilities of the local jurisdiction:
· Legal and regulatory capability
· Administrative and technical capability
· Fiscal capability
· Community classification.
DMA 2000 Hazard Mitigation Plan- Suffolk County, New York 9.15-5
DRAFT- September 2007
SECTION 9.15: TOWN OF SOUTHOLD
Legal and Regulatory Capabili~'
1) Building Code
2) Zoning Ordinance
3) Subdivision Ordinance
4) Special Purpose Ordinances
(floodplain management, critical
or sensitive areas)
5) Growth Management
6) Floodplain Management/Basin
Plan
7) Stormwater Management
Plan/ordinance
8) General Plan or
Comprehensive Plan
9) Capital Improvements Plan
10) Site Plan Review
Requirements
11) Habitat Conservation Plan
12) Economic Development Plan
13) Emergency Response Plan
14) Shoreline Management Plan
15) Post Disaster Recovery Plan
16) Post Disaster Recovery
Ordinance
Yes N N Y
Yes
Yes
Yes
No
Yes
Yes
Yes
Yes
Yes
No
Town Code Chapter 144, adopted.
7/17/1984, amended 12/19/2006
Town Code Chapter 280, adopted
4/9/1957, a~ended in entirety
11/23/1971, amendments added as
required
Town Code Chapter 240, adopted
8/24/2004.
Town Code Chapters 148 adopted
8/10/1993
Town Code Chapter 148 and
LWRP; 148 adopted 8/10/1993;
LWRP adopted 11/30/2004
Town Code Chapter 236 adopted
3/27/2007
Master Plan Apdl 1985
Annual Budget; adopted annually
Town Code Chapter 280, adopted
4/9/1957, amended in entirety
11/23/1971, amendments added as
required
No
Yes Adopted 05/15/1995, currently
being revised
Yes LWRP adopted 11/30/2004
Yes Work in progress
No
17) Real Estate Disclosure req. No
18) Other Yes LWRP adopted 11/30/2004
Notes: LWRP = Local Waterfront Revitalization Pro ~am
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.15-6
DRAFT- September 2007
SECTION 9.15: TOWN OF SOUTHOLD
Administrative and Technical CapabiliD,
1) Planner(s) or Engineer(s) with knowledge of land
development and land management practices
2) Engineer(s) or Professional(s) trained in
construction practices related to buildings and/or
infrastructure
3) Planners or engineers with an understanding of
natural hazards
4) Floodplain Manager
5) Surveyor(s)
6) Personnel skilled or trained in ~GIS" applications
7) Scientist familiar with natural hazards in Suffolk
County.
8) Emergency Manager
9) Grant Wdter(s)
10) Staff with expertise or training in benefit/cost
analysis
Planning Department
Building Dept. and Town Engineer
Planning Dept.
Building Dept.
Contractor
Data Processing
Contractor
Committee
Many Town Departments
Corn pt roller/Accounting
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.15-7
DRAFT - September 2007
SECTION 9.15: TOWN OF SOUTHOLD
Fiscal Capabili~'
1) Community development Block Grants (CDBG)
Yes
2) Capital Improvements Project Funding Yes
3) Authority to Levy Taxes for specific purposes Yes
4) User fees for water, sewer, gas or electric service No
5) Impact Fees for homebuyers or developers of new Yes
developmentJhomes
6) incur debt through general obligation bonds Yes
7) Incur debt through special tax bonds Yes
8) Incur debt through pdvate activity bonds No
9) Withhold public expenditures in hazard-prone areas No
10) State sponsored grant programs Unknown
11) Other Unknown
CommuniW Classifications
Community Rating System (CRS) Not parlicipating N/A
Building Code Effectiveness Grading Schedule (BCEGS) 3/3 2004
Public Protection _/_
Storm Ready Not participating N/A
Firewise Not participating N/A
· Higher classification applies to when subject property is located beyond 1000 feet of a creditable
fire hydrant and is within 5 road miles of a recognized Fire Station.
· N/A = Not applicable.
The above referenced classifications can be viewed as a gauge of this community's capabilities in all
phases of emergency management (preparedness, response, recovery and mitigation). These
classifications are used as an underwriting parameter for determining the costs of various forms of
insurance. The CRS class applies to flood insurance while the BCEGS and Public Protection
classifications apply to standard property insurance. Classifications range on a scale of 1 to 10 with class
one being the best possible classification, and class 10 representing no classification benefit. Criteria for
classification credits are outlined in the following documents:
· The Community Rating System Coordinators Manual
· The Building Code Effectiveness Grading Schedule
· The Fire Suppression Rating Schedule
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.15-8
DRAFT- September 2007
Proposed Hazard Mitigation Initiatives
SECTION 9.15: TOWN OF SOUTHOLD
Open space acquisition
within the flood plain
Flooding 2,5,8,15
Retrofit the Town Flooding,
Hurdcane, 2,15, 16
causeway seawalls Nor'Easter
Erosion control .Coastal
Erosion 5,8,16
Stabilize vulnerable Coastal
bluffs Erosion 5,8,15
Consider non-structural
flood hazard mitigation
alternatives for at risk
properties within the
floodplain, including
those that have been
identified as repetitive
loss, such as
acquisition/relocation, or
elevation depending on
feasibility. The
parameters for
feasibility for this
initiative would be:
funding, benefits versus
costs and witling
participation of property
owners·
Construct an
Emergency Operations
Center
TOS High
TOS High
TOS High
TOS High
FEMA hazard
Mitigation Grant
Funding, 2% Short
Real estate Term
transfer tax, OG
community
preservation fund
FEMA hazard
Mitigation Grant
Funding, Long
Term
Bonding, NYS
DOT capital DOF
projects
FEMA hazard
Mitigation Grant Short
Term
Funding, DOF
Bonding
FEMA hazard
Mitigation Grant Short
Funding, Term
Bonding, DOF
Property Owner
funding
Flooding,
Hurricane,
Nor'Easter,
Severe
Storms
2,15 TOS High
FEMA hazard
Mitigation Grant Long
Funding,
SBA term,
Loans,Home DOF
owner funding
All Hazards
FEMA hazard
2,13, 14, Mitigation Grant Short
16 TOS Medium Funding, Term
· DOF
Bonding
Retrofit identified critical
evacuation routes out of Flooding,
flood hazard areas for Hurricane,
the probable impacts of Nor'Easter,
flood, hurricane and Severe
Nor'easter· Storms
FEMA hazard Short
2,15, 16 DOT High Mitigation Grant Ten~
Funding DOF
DRAFT - September 2007
SECTION 9.15: TOWN OF SOUTHOLD
Dredge vulnerable Coastal
seaways Erosion
2,15, 16 ACOE Medium
Acquire property at
feasible points in cdtical Flooding,
watersheds to establish Hurricane,
storm water Nor'Easter,
detention/retention Severe
facilities for stormwater Storms,
management.
5,11,15,16 TOS High
hazard Mitigation Long
Grant Funding, Term
NYS Funding DOF
hazard Mitigation
Grant Funding,
NYS
Short
Funding,Bonding, Term
Suffolk County, OG
2% Community
Preservation
Fund
Support county-wide
initiatives identified in
Section 6, Volume I of
the Suffolk County
Hazard Mitigation Plan.
All Hazards
Town
Supervisor/Board Existing Short
All MPC/Suffolk programs and
Low Term
obj~ectives County grant funding OG
Emergency where applicable
Consider the
development of a post -
disaster action plan,
including a debds
management plan. This
to be incorporated into
existing emergency
All Hazards
Public Safety/ General Fund, Long
Suffolk Co. FEMA Hazard
7, 12, 13 Ereergency Medium Mitigation Grant term,
DOF
Management Funding
Flood,
participation in Nor'Easter, General fund
incentive-based Town Long
programs such as, CRS Hurricane, 1,2,3,7,13 Supervisor/Board Low trough existing Term
Severe programs
and "Storm-Ready". Weather
Notes: Sho. term = I to 5 years. Long Tem~= 5 years or greater. OG = On going program. DOF = Depending on funding. TOS = Town of
Southold. ACOE = U.S. Army Cogs of Engineers. DOI = Department of Transportation
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.15-10
DRAFT - September 2007
SECTION 9.t5: TOWN OF SOUTHOLD
PRIORIT1ZATION OF MITIGATION INITIATIVES
High High Yes Yes Yes High
High High Yes Yes Yes Medium
High High .Yes No No Medium
SO-2
High High Yes No No Medium
High High Yes Yes No Medium
Medium Medium Yes Yes No Medium
High High Yes Yes No Medium '
High High Yes Yes No Medium
SO-3
SO-4
SO-5
SO-6
SO-7
SO-8
SO-9 High High Yes Probably not Yes High
SO-10 High Low Yes Yes Yes High
SO-11 Medium Medium Yes Yes No Medium
SO-12 Low Low Yes No No Low
Notes: H = High. L = Low. M - Medium. N = No. N/A Not applicable. Y Yes.
Explanation of Priorities
· High Priority - A project that meets multiple objectives (i.e., multiple hazards), benefits
exceeds cost, has funding secured or is an on-going project and project meets eligibility
requirements for the Hazard Mitigation Grant Program (HMGP) or Pre-Disaster Mitigation
Grant Program (PDM) programs. High priority projects can be completed in the short term ( 1
to 5 years).
· Medium Priority - A project that meets goals and objectives, benefits exceeds costs, funding
has not been secured but project is grant eligible under, HMGP, PDM or other grant
programs. Project can be completed in the short term, once funding is completed. Medium
priority projects will become high priority projects once funding is secured.
· Low Priority - Any project that will mitigate the risk of a hazard, benefits do not exceed the
costs or are difficult to quantify, funding has not been secured and project is not eligible for
HMGP or PDM grant funding, and time line for completion is considered long term (1 to 10
years). Low priority projects may be eligible other sources of grant funding from other
programs. A low priority project could become a high priority project once funding is secured
as long as it could be completed in the short term.
Prioritization of initiatives was based on above definitions: Yes
Prioritization of initiatives was based on parameters other than stated above: Not applicable.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.15-11
DRAFT- September 2007
SECTION 9.15: TOWN OF SOUTHOLD
FUTURE NEEDS TO BETTER UNDERSTAND RISK/VULNERABILITY
· Consider participating in a comprehensive update to the Intra-jurisdictional County-wide Emergency
Management Plan.
· Consider participating in a comprehensive update to the lntra-jurisdictional County-wide Debris
Management Plan.
ADDITIONAL COMMENTS
None at this time.
HAZARD AREA EXTENT AND LOCATION
Hazard area extent and location maps have been generated for the Town of Southold and illustrate the
probable areas impacted within the Town. These maps are based on the best available data at the time of
the preparation of this Plan, and are considered to be adequate for planning purposes. Maps have only
been generated for those hazards that can be clearly identified using mapping techniques and
technologies, and for which the Town of Southold has significant exposure. These maps are illustrated in
the hazard profiles within Section 5.4, Volume I of this Plan.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York 9.15-12
DRAFT - September 2007
amsl
ARC
BIT
CCE
CEMP
CFR
CIP
CRS
CUGIR
DEM
DHS
DMA 2000
DPW
DR
EM
EMP
EMS
EOC
EOP
EPA
oF
FAA
FD
FEMA
FHMP
FHWA
FIA
FIRM
FMAP
GIS
H
HAZUS
ACRONYMS
Above mean sea level
American Red Cross
Building Information Tool
Cornell Cooperative Extension
Comprehensive Emergency Management Plan
Code of Federal Regulations
Capitol Improvement Program
Community Rating System
Cornell University Geospatial Data Information Repository
Digital Elevation Model
Department of Homeland Security
Disaster Mitigation Act of 2000
Department of Public Works
Disaster Declarations
Emergency Management
Emergency Management Plan
Emergency Management Services
Emergency Operation Center
Emergency Operation Plan
U.S. Environmental Protection Agency
Fahrenheit
Federal Aviation Administration
Fire Department
Federal Emergency Management Agency
Flood Hazard Mitigation Program
Federal Highway Administration
Flood Insurance Administration
Flood Insurance Rate Map
Flood Mitigation Assistance Program
Geographic Information System
High
Hazards U.S.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York A-1
DRAFT- September 2007
ACRONYMS
HAZUS-MH
HAZMAT
HAZNY
HMGP
HMP
ICS
IT
L
M
Mi
MGD
MOA
Mph
MRP
N
N/A
NA
NCA
NCDC
NDMC
NEHRP
NESEC
NFIP
NFIRS
NFPA
NID
NIMS
NLCD
NOAA
· NPDP
NPL
NRCS
NWS
Hazards U.S. Multi-Hazard
Hazardous Material
Hazards New York
Hazard Mitigation Grant Program
Hazard Mitigation Plan
Incident Command System
Information Technology
Low
Million
Mile
Million gallons per day
Memorandum of Agreement
Miles per hour
Mean Return Period
No
Not Applicable
Not Available
New Croton Aqueduct
National Climate Data Center
National Drought Mitigation Center
National Earthquake Hazard Reduction Program
Northeast States Emergency Consortium
National Flood Insurance Program
National Fire incident Reporting System
National Fire Protection Association
National Inventory of Dams
National Incident Management System
National Land Cover Dataset
National Oceanic and Atmospheric Administration
National Performance of Dams Program
National Priorities List
Natural Resource Conservation Service
National Weather Service
DMA 2000 HaZard Mitigation Plan - Suffolk County,,New York A-2
DRAFT - September 2007
ACRONYMS
NY
NYC
NYS
NYSDEC
NYSDOH
NYSDOT
NYSFSMA
NYSEMO
NYSOFPC
NYS TMC
OFA
%
%g
PBS
PD
PDM
PGA
Pop
PSA
Q3
SBA
SC
SC FRES
SDWIS
SHELDUS
SLOSH
SUNY
TBD
TRI
USACE
USDA
USEPA
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York
DRAFT - September 2007
New York
New York City
New York State
New York State Department of Environmental Conservation
New York State Department of Health
New York State Department of Transportation
New York State Floodplain and Stormwater Managers Association
New York State Emergency Management Office
New York State Office of Fire Prevention and Control
New York State Traffic Management Center
Office of Aging
Percent
Percent acceleration force of gravity
Public Broadcast System
Police Department
Pre-Disaster Mitigation Program
Peak Ground Acceleration
Population
Public Service Announcement
Quality 3
Small Business Association
Suffolk County
Suffolk County Fire Rescue & Emergency Services
Safe Drinking Water Information System
Spatial Hazard Events and Losses Database for United States
Sea, Lake and Overland Surges from Hurricanes
Square mile
State University of New York
To Be Determined
Toxic Release Inventory
United States Army Corps of Engineers
United States Department of Agriculture
United States Environmental Protection Agency
ACRONYMS
USDOT
USFA
USFWS
USGS
WFAS
WUI
WWTP
Y
United States Department of Transportation
United States Fire Administration
United States Fish and Wildlife Service
United States Geological Survey
Wildland Fire Assessment System
WildlandFUrban Interface
Wastewater Treatment Plant
Yes
DM~ ~000 ~l'~rd Mitig~iio~ Pi'~: S~ffoik ~0unty, New York A-.4
DRAFT - September 2007
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DMA 2000 Hazard Mitigation Plan 2 §~f[oi~ ~0uniyl N~ ~i~ R-1
DRAFT- September 2007
REFERENCES
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DMA 2000 Hazard Mitigation Plan - Suffolk County, New York R-2
DRAFT - September 2007
REFERENCES
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DRAFT- September 2007
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DMA 2000 Hazard Mitigation Plan - Suffolk County, New York R-4
DRAFT - September 2007
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DMA 2000 Hazard Mitigation Plan - Suffolk County, New York R-5
DRAFT- September 2007
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DMA 2000 Hazard Mitigation Plan - Suffolk County, New York R-21
DRAFT- September 2007
APPENDIX A: APPLICABLE FEDERAL AND
STATE REGULATIONS
This appendix provides the following Federal and State Regulations related to the Hazard Mitigation
Planning process.
Federal
Code of Federal Regulations (CFR) - Title 44 - EMERGENCY MANAGEMENT AND ASSISTANCE -
Part 201-Mitigation Planning. Revised September 13, 2004.
CFR Title 44 - EMERGENCY MANAGEMENT AND ASSISTANCE - Part 206 - Federal Disaster
Assistance for Disasters Declared on or After November 23, 1988. April 8, 1988.
State
Per the New York State of Emergency Management Office: 44 CFR 201.6.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York A-1
DRAFT- September 2007
PUBLIC LAW 106-390--OCT. 30, 2000
DISASTER MITIGATION ACT OF 2000
114 STAT. 1552
PUBLIC LAW 106-390--OCT. 30, 2000
Oct. 30, 2000
[H.R. 707]
Disaster
Mitigation Act of
2000.
42 USC 5121
note.
Public Law 106-390
106th Congress
An Act
To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act
to authorize a.pregram for predisaster mitigation, to streamline the administration
of disaster relief, to control the Federal costs of disaster assistance, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.--This Act may be cited as the "Disaster
Mitigation Act of 2000".
(b) TABLE OF CONTENTS.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I PREDISASTER HAZARD MITIGATION
Sec. 101. Findings and purpose.
Sec. 102. Predisaster hazard mitigation.
Sec. 103. Interagency task force.
Sec. 104. Mitigation planning; minimum standards for public and private struc-
tures.
TITLE II--STREAMLINING AND COST REDUCTION
Sec. 201. Technical amendments.
Sec. 202. Management costs.
Sec. 203. Public notice, comment, and consultation requirements.
Sec. 204. State administration of hazard mitigation grant program.
Sec. 205. Assistance to repair, restore, reconstruct, or replace damaged facilities.
Sec. 206. Federal assistance to individuals and households.
Sec. 207. Community disaster loans.
Sec. 208. Report on State management of small disasters initiative.
Sec. 209. Study regarding cost reduction.
TITLE III--MISCELLANEOUS
Sec. 301. Technical correction of short title.
Sec. 302. Definitions.
Sec. 303. Fire management assistance.
Sec. 304. Disaster grant closeout procedures.
Sec. 305. Public safety officer benefits for certain Federal and State employees.
Sec. 306. Buy American.
Sec. 307. Treatment of certain real property.
Sec. 308. Study of participation by Indian tribes in emergency management.
TITLE I--PREDISASTER HAZARD
MITIGATION
42 USC 5133 SEC. 101. FINDINGS AND PURPOSE.
note. (a) FINDINGS.~Congress finds that--
PUBLIC LAW 106-390--OCT. 30, 2000
114 STAT. 1553
(1) natural disasters, including earthquakes, tsunamis,
tornadoes, hurricanes, flooding, and wildfires, pose great danger
to human life and to property throughout the United States;
(2) greater emphasis needs to be placed on-
(A) identifying and assessing the risks to States and
local governments (including Indian tribes) from natural
disasters;
(B) implementing adequate measures to reduce losses
from natural disasters; and
(C) ensuring that the critical services and facilities
of communities will continue to function after a natural
disaster;
(3) expenditures for postdisaster assistance are increasing
without commensurate reductions in the likelihood of future
losses from natural disasters;
(4) in the expenditure of Federal funds under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), high priority should be given to mitigation
of hazards at the local level; and
(5) with a unified effort of economic incentives, awareness
and education, technical assistance, and demonstrated Federal
support, States and local governments (including Indian tribes)
will be able to-
(A) form effective community-based partnerships for
hazard mitigation purposes; '
(B) implement effective hazard mitigation measures
that reduce the potential damage from natural disasters;
(C) ensure continued functionality of critical services;
(D) leverage additional non-Federal resources in
meeting natural disaster resistance goals; and
(E) make commitments to long-term hazard mitigation
efforts to be applied to new and existing structures.
(b) PURPOSE.--The purpose of this title is to establish a national
disaster hazard mitigation program--
(1) to reduce the loss of life and property, human suffering,
economic disruption, and disaster assistance costs resulting
from natural disasters; and
(2) to provide a source of predisaster hazard mitigation
funding that will assist States and local governments (including
Indian tribes) in implementing effective hazard mitigation
measures that are designed to ensure the continued
functionality of critical services and facilities after a natural
disaster.
SEC. 102. PREDISASTER HAZARD MITIGATION.
(a) IN GENrR~.--Title II of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5131 et seq.) is
amended by adding at the end the following:
"SEC. 203. PREDISASTER HAZARD MITIGATION.
"(a) DEFINITION OF SMALL IMPOVERISHED COMMUNITY.--In this
section, the term 'small impoverished community' means a commu-
nity of 3,000 or fewer individuals that is economically disadvan-
taged, as determined by the State in which the community is
located and based on criteria established by the President.
"(b) ESTABLISHMENT OF PROGRAM.--The President may estab-
lish a program to provide technical and financial assistance to
States and local governments to assist in the implementation of
President.
42 USC 5133.
114 STAT. 1554
PUBLIC LAW 106~390--OCT. 30, 2000
President.
predisaster hazard mitigation measures that are cost-effective and
are designed to reduce injuries, loss of life, and damage and destruc-
tion of property, including damage to critical services and facilities
under the jurisdiction of the States or local governments.
"(c) APPROVAL BY PRESIDENT.--If the President determines that
a State or local government has identified natural disaster hazards
in areas under its jurisdiction and has demonstrated the ability
to form effective public-private natural disaster hazard mitigation
partnerships, the President, using amounts in the National
Predisaster Mitigation Fund established under subsection (i)
(referred to in this section as the 'Fund'), may provide technical
and financial assistance to the State or local government to be
used in accordance with subsection (e).
"(d) STATE RECOMMENDATIONS.--
"(1) IN CENERAL.--
"(A) RECOMMENDATIONS.--The Governor of each State
may recommend to the President not fewer than five local
governments to receive assistance under this section.
"(B) DEZ~DLINE FOR SUBMISSION.--The recommenda-
tions under subparagraph (A) shall be submitted to the
President not later than October 1, 2001, and each October
1st thereafter or such later date in the year as the Presi-
dent may establish.
"(C) CRITERIA.--In making recommendations under
subparagraph (A), a Governor shall consider the criteria
specified in subsection (g).
"(2) USE.--
"(A) IN GENERAL.--Except as provided in subparagraph
(B), in providing assistance to local governments under
this section, the President shall select from local govern-
ments recommended by the Governors under this sub-
section.
"(B) EXTRAORDINARY CIRCLrMSTANCES.--In providing
assistance to local governments under this section, the
President may select a local government that has not been
recommended by a Governor under this subsection if the
President determines that extraordinary circumstances jus-
tify the selection and that making the selection will further
the purpose of this section.
"(3) EFFECT OF FAILURE TO NOMINATE.--If a Governor of
a State fails to submit recommendations under this subsection
in a timely manner, the President may select, subject to the
criteria specified in subsection (g), any local governments of
the State to receive assistance under this section.
"(e) USES OF TECHNICAL AND FINANCIAL ASSISTANCE.--
"(1) IN GENERAL.--Technical and financial assistance pro-
vided under this section--
"(A) shall be used by States and local governments
principally to implement predisaster hazard mitigation
measures that are cost-effective and are described in pro-
posals approved by the President under this section; and
"(B) may be used--
"(i) to support effective public-private natural dis-
aster hazard mitigation partnerships;
"(ii) to improve the assessment of a community's
vulnerability to natural hazards; er
PUBLIC LAW 106-390---OCT. 30, 2000
114 STAT. 1555
"(iii) to establish hazard mitigation priorities, and
an appropriate hazard mitigation plan, for a commu-
nity.
"(2) DISSEMINATION.--A State or local government may use
not more than 10 percent of the financial assistance received
by the State or local government under this section for a
fiscal year to fund activities to disseminate information
regarding cost-effective mitigation technologies.
"(f) ALLOCATION OF FUNDs.--The amount of financial assistance
made available to a State (including amounts made available to
local governments of the State) under, this section for a fiscal
year--
"(1) shall be not less than the lesser of~ "(A) $500,000; or
"(B) the amount that is equal to 1.0 percent of the
total funds appropriated to carry out this section for the
fiscal year;
"(2) shall not exceed 15 percent of the total funds described
in paragraph (1)(B); and
"(3) shall be subject to the criteria specified in subsection
(g).
"(g) CRITERIA FOR ASSISTANCE AWARDS.--In determining
whether to provide technical and financial assistance to a State
or local government under this section, the President shall take
into account~
"(1) the extent and nature of the hazards to be mitigated;
"(2) the degree of commitment of the State or local govern-
ment to reduce damages from future natural disasters;
"(3) the degree of commitment by the State or local govern-
ment to support ongoing non-Federal support for the hazard
mitigation measures to be carried out using the technical and
financial assistance;
"(4) the extent to which the hazard mitigation measures
to be carried out using the technical and financial assistance
contribute to the mitigation goals and priorities established
by the State;
"(5) the extent to which the technical and financial assist-
ance is consistent with other assistance provided under this
Act;
"(6) the extent to which prioritized, cost-effective mitigation
activities that produce meaningful and definable outcomes are
clearly identified;
"(7) if the State or local government has submitted a mitiga-
tion plan under section 322, the extent to which the activities
identified under paragraph (6) are consistent with the mitiga-
tion plan;
"(8) the opportunity to fund activities that maximize net
benefits to society;
"(9) the extent to which assistance will fund mitigation
activities in small impoverished communities; and
"(10) such other criteria as the President establishes in
consultation with State and local governments.
"(h) FEDERAL SHARE.--
"(1) IN GENERAL.--Financial assistance provided under this
section may contribute up to 75 percent of the total cost of
mitigation activities approved by the President.
President.
114 STAT. 1556
PUBLIC LAW 106-390--OCT. 30, 2000
"(2) SMALL IMPOVERISHED COMMUNITIES.~Notwithstanding
paragraph (1), the President may contribute up to 90 percent
of the total cost of a mitigation activity carried out in a small
impoverished community.
"(i) NATIONAL PREDISASTER MITIGATION FUND.--
"(1) ESTA~LISHMrNT.--The President may establish in the
Treasury of the United States a fund to be known as the
'National Predisaster Mitigation Fund', to be used in carrying
out this section.
"(2) TRANSFERS TO ruND.--There shall be deposited in the
Fund--
"(A) amounts appropriated to carry out this section,
Which shall remain available until expended; and
"(B) sums available from gifts, bequests, or donations
of services or property received by the President for the
purpose of predisaster hazard mitigation.
"(3) EXPENDITURES FROM FUND.--Upon request by the
President, the Secretary of the Treasury shall transfer from
the Fund to the President such amounts as the President
determines are necessary to provide technical and financial
assistance under this section.
"(4) INVESTMENT OF AMOUNTS.--
"(A) IN GENEI~L.--The Secretary of the Treasury shall
invest such portion of the Fund as is not, in the judgment
of the Secretary of the Treasury, required to meet current
withdrawals. Investments may be made only in interest-
bearing obligations of the United States.
"(B) ACQUISITION OF OBLIGATIONS.--For the purpose
of investments under subparagraph (A), obligations may
be acquired--
"(i) on original issue at the issue price; or
"(ii) by purchase of outstanding obligations at the
market price.
"(C) SALE OF OBLIGATIONS.--Any obligation acquired
by the Fund may be sold by the Secretary of the Treasury
at the market price.
"(D) CREDITS TO FUND.--The interest on, and the pro-
ceeds from the sale or redemption of, any obligations held
in the Fund shall be credited to and form a part of the
Fund.
"(E) TP~MXlSFERS OF AMOUNTS.--
"(i) IN GENEr~.L.--The amounts required to be
transferred to the Fund under this subsection shall
be transferred at least monthly from the general fund
of the Treasury to the Fund on the basis of estimates
made by the Secretary of the Treasury.
"(ii) ADXCSTMENTs.--Proper adjustment shall be
made in amounts subsequently transferred to the
extent prior estimates were in excess of or less than
the amounts required to be transferred.
"(j) LIMITATION ON TOTAL AMOUNT OF FINANCIAL ASSISTANCE.--
The President shall not provide financial assistance under this
section in an amount greater than the amount available in the
Fund.
"(k) MULTIHAZARD ADVISORY MAPS.--
"(1) DEFINITION OF MULTIHAZARD ADVISORY MAP.--In this
subsection, the term 'multihazard advisory map' means a map
PUBLIC LAW 106-390--OCT. 30, 2000
114 STAT. 1557
on which hazard data concerning each type of natural disaster
is identified simultaneously for the purpose of showing areas
of hazard overlap.
"(2) DEVELOPMENT OF MAPS.--In consultation with States, President.
local governments, and appropriate Federal agencies, the Presi-
dent shall develop multihazard advisory maps for areas, in
not fewer than five States, that are subject to commonly recur-
ring natural hazards (including flooding, hurricanes and severe
winds, and seismic events).
"(3) USE OF TECHNOLOGY.--In developing multihazard
advisory maps under this subsection, the President shall use,
to the maximum extent practicable, the most cost-effective and
efficient technology available.
"(4) USE OF IvIAPS.--
"(A) ADVISORY NATURE.--The multihazard advisory
maps shall be considered to be advisory and shall not
require the development of any new policy by, or impose
any new policy on, any government or private entity.
"(B) AVAILABILITY OF MAPS.--The multihazard advisory
maps shall be made available to the appropriate State
and local governments for the purposes of--
"(i) informing the general public about the risks
of natural hazards in the areas described in paragraph
(2);
"(ii) supporting the activities described in sub-
section (e); and
"(iii) other public uses.
"(1) REPORT ON FEDERAL AND STATE ADMINISTRATION.--Not Deadline.
later than 18 months after the date of the enactment of this section,
the President, in consultation with State and local governments,
shall submit to Congress a report evaluating efforts to implement
this section and recommending a process for transferring greater
authority and responsibility for administering the assistance pro-
gram established under this section to capable States.
"(m) TERMINATION OF AUTHORITY.--The authority provided by
this section terminates December 31, 2003.".
(b) CONFORMING AMENDMENT.--Title II of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5131
et seq.) is amended by striking the title heading and inserting
the following:
"TITLE II--DISASTER PREPAREDNESS
AND MITIGATION ASSISTANCE".
SEC. 103. INTERAGENCY TASK FORCE.
Title II of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5131 et seq.) (as amended by section
102(a)) is amended by adding at the end the following:
"SEC. 204. INTERAGENCY TASK FORCE.
"(a) IN GEN~RAL.--The President shall establish a Federal
interagency task force for the purpose of coordinating the
implementation of predisaster hazard mitigation programs adminis-
tered by the Federal Government.
42 USC 5134.
114 STAT. 1558
PUBLIC LAW 106-390--OCT. 30, 2000
42 USC 5165.
President.
"(b) CHAIRPERSON.--The Director of the Federal Emergency
Management Agency shall serve as the chairperson of the task
force.
"(c) MEMBERSHIP.--The membership of the task force shall
include representatives of--
"(1) relevant Federal agencies;
"(2) State and local government organizations (including
Indian tribes); and
"(3) the American Red Cross.".
SEC. 104. MITIGATION PLANNING; MINIMUM STANDARDS FOR PUBLIC
AND pRIVATE STRUCTURES.
(a) IN GENER~L.--Title III of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5141 et seq.) is
amended by adding at the end the following:
"SEC. 322. MITIGATION PLANNING.
"(a) REQUIREMENT OF MITIGATION PLAN.--As a condition of
receipt of an increased Federal share for hazard mitigation meas-
ures under subsection (e), a State, local, or tribal government shall
develop and submit for approval to the President a mitigation
plan that outlines processes for identifying the natural hazards,
risks, and vulnerabilities of the area under the jurisdiction of the
government.
"(b) LOCAL A~D TRIBAL PLANS.--Each mitigation plan developed
by a local or tribal government shall--
"(1) describe actions to mitigate hazards, risks, and
vulnerabilities identified under the plhn; and
"(2) establish a strategy to implement those actions.
"(c) STATE PLANs.--The State process of development of a miti-
gation plan under this section shall--
"(1) identify the natural hazards, risks, and vulnerabilities
of areas in the State;
"(2) support development of local mitigation plans;
"(3) provide for technical assistance to local and tribal
governments for mitigation planning; and
"(4) identify and prioritize mitigation actions that the State
will support, as resources become available.
"(d) FUNDING.--
"(1) IN GENERAL.--Federal contributions under section 404
may be used to fund the development and updating of mitiga-
tion plans under this section.
"(2) MAXIMUM FEDERAL CONTRIBUTION.--With respect to
any mitigation plan, a State, local, or tribal government may
use an amount of Federal contributions under section 404 not
to exceed 7 percent of the amount of such contributions avail-
able to the government as of a date determined by the govern-
ment.
"(e) INCREASED FEDERAL SHARE FOR HAZARD MITIGATION MEAS-
"(1) IN GENERAL.--If, at the time of the declaration of
a major disaster, a State has in effect an approved mitigation
plan under this section, the President may increase to 20 per-
cent, with respect to the major disaster, the maximum percent-
age specified in the last sentence of section 404(a).
"(2) FACTORS FOR CONSIDEEATION.--In determining whether
to increase the maximum percentage under paragraph (1), the
President shall consider whether the State has established--
PUBLIC LAW 106-390---OCT. 30, 2000
114 STAT. 1559
"(A) eligibility criteria for property acquisition and
other types of mitigation measures;
"(B) requirements for cost effectiveness that are related
to the eligibility criteria;
"(C) a system of priorities that is related to the eligi-
bility criteria; and
"(D) a process by which an assessment of the effective-
ness of a mitigation action may be carried out after the
mitigation action is complete.
"SEC. 323. MINIMLrM STANDARDS FOR PUBLIC AND PRIVATE STRUC-
TURES.
"(a) IN GENERAL.--As a condition of receipt of a disaster loan
or grant under this Act--
"(1) the recipient shall carry out any repair or construction
to be financed with the loan or grant in accordance with
applicable standards of safety, decency, and sanitation and
in conformity with applicable codes, specifications, and stand-
ards; and
"(2) the President may require safe land use and construc-
tion practices, after adequate consultation with appropriate
State and local government officials.
"(b) EWDE~CE OF COMPLIANCE.--A recipient of a disaster loan
or grant under this Act shall provide such evidence of compliance
with this section as the President may require by regulation.".
(b) LOSSES FROM STRAIGHT LIN~ WINDS.--The President shall
increase the maximum percentage specified in the last sentence
of section 404(a) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c(a)) from 15 percent
to 20 percent with respect to any major disaster that is in the
State of Minnesota and for which assistance is being provided
as of the date of the enactment of this Act, except that additional
assistance provided under this subsection shall not exceed
$6,000,000. The mitigation measures assisted under this subsection
shah be related to losses in the State of Minnesota from straight
line winds.
(c) CONFORMING AMENDMENTS.--
(1) Section 404(a) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170c(a)) is
amended-
(A) in the second sentence, by striking "section 409"
and inserting "section 322"; and
(B) in the third sentence, by striking "The total" and
inserting "Subject to section 322, the total".
(2) Section 409 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5176) is repealed.
42 USC 5165a.
President.
TITLE II--STREAMLINING AND COST
REDUCTION
SEC. 201. TECI-INICAL AMENDMENTS.
Section 311 of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5154) is amended in subsections
(a)(1), (b), and (c) by striking "section 803 of the Public Works
and Economic Development Act of 1965" each place it appears
114 STAT. 1560
PUBLIC LAW 106-390--OCT. 30, 2000
42 usc 5165b.
Regulations.
Deadline.
42 USC 5165b
note,
42 USC 5165c.
President.
and inserting "section 209(c)(2) of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3149(c)(2))".
SEC. 202. MANAGEMENT COSTS.
(a) IN GENERAL.--Title III of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5141 et seq.) (as
amended by section 104(a)) is amended by adding at the end the
following:
"SEC. 324. MANAGEMENT COSTS.
"(a) DEFINITION OF ~kNAGEMENT COST.--In this section, the
term 'management cost' includes any indirect cost, any administra-
tive expense, and any other expense not directly chargeable to
a specific project under a major disaster, emergency, or disaster
preparedness or mitigation activity or measure.
"(b) ESTABLISH~IENT OF MANAGEMENT COST RATES.--Notwith-
standing any other provision of law (including any administrative
rule or guidance), the President shall by regulation establish
management cost rates, for grantees and subgrantoes, that shall
be used to determine contributions under this Act for management
costs.
"(c) REVIEw.--The President shall review the management cost
rates established under subsection (b) not later than 3 years afte,r
the date of establishment of the rates and periodically thereafter.'.
(b) APPLICABII~ITY.--
(1) IN GENERAL.~ubject to paragraph (2), subsections (a)
and (b) of section 324 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (as added by subsection (a))
shall apply to major disasters declared under that Act on or
after the date of the enactment of this Act.
(2) INTERIM AUTNOR1TY.--Until the date on which the Presi-
dent establishes the management cost rates under section 324
of the Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (as added by subsection (a)), section 406(f) of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5172(f)) (as in effect on the day before the
date of the enactment of this Act) shall be used to establish
management cost rates.
SEC. 203. PUBLIC NOTICE, COMMENT, AND CONSULTATION REQUIRE.
Title III of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5141 et seq.) (as amended by
section 202(a)) is amended by adding at the end the following:
"SEC. 325. PUBLIC NOTICE, COMMENT, AND CONSULTATION REQUIRE-
MENTS.
"(a) PUBLIC NOTICE AND COMMENT CONCERNING NEW OR MODI-
FIED POLICIES.--
"(1) IN GENERAL.--The President shall provide for public
notice and opportunity for comment before adopting any new
or modified policy that--
"(A) governs implementation of the public assistance
program administered by the Federal Emergency Manage-
ment Agency under this Act; and
"(B) could result in a significant reduction of assistance
under the program.
PUBLIC LAW106-390--OCT. 30, 2000
114 STAT. 1561
"(2) APPLICATION.--Any policy adopted under paragraph
(1) shall apply only to a major disaster or emergency declared
on or after the date on which the policy is adopted.
"(b) CONSULTATION CONCERNING INTERIM POLICIES.-
''(1 ) IN GENERAL.--Before adopting any interim policy under
the public assistance program to address specific conditions
that relate to a major disaster or emergency that has been
declared under this Act, the President, to the maximum extent
practicable, shall solicit the views and recommendations of
grantees and subgrantees with respect to the major disaster
or emergency concerning the potential interim policy, if the
interim policy is likely--
"(A) to result in a significant reduction of assistance
to applicants for the assistance with respect to the major
disaster or emergency; or
"(B) to change the terms of a written agreement to
which the Federal Government is a party concerning the
declaration of the major disaster or emergency.
"(2) No LEGAL RIGHT OF ACTION.--Nothing in this sub-
section confers a legal right of action on any party.
"(C) PUBLIC ACCESS.--The President shall promote public access President.
to policies governing the implementation of the public assistance
program.".
SEC. 204. STATE ADMINISTRATION OF HAZARD MITIGATION GRANT
PROGRAM.
Section 404 of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5170c) is amended by adding at
the end the following:
"(C) PROGRAM ADMINISTRATION BY STATES.--
"(1) IN GENERAL.--A State desiring to administer the
hazard mitigation grant program established by this section
with respect to hazard mitigation assistance in the State may
submit to the President an application for the delegation of
the authority to administer the program.
"(2) CRITERIA.--The President, in consultation and
coordination with States and local governments, shall establish
criteria for the approval of applications submitted under para-
graph (1). The criteria shall include, at a minimum--
"(A) the demonstrated ability of the State to manage
the grant program under this section;
"(B) there being in effect an approved mitigation plan
under section 322; and
"(C) a demonstrated commitment to mitigation activi-
ties.
"(3) APrROVAL.--The President shall approve an application President.
submitted under paragraph (1) that meets the criteria estab-
lished under paragraph (2).
"(4) WITHDRAWAL or APPROVAL.--If, after approving an
application of a State submitted under paragraph (1), the Presi-
dent determines that the State is not administering the hazard
mitigation grant program established by this section in a
manner satisfactory to the President, the President shall with-
draw the approval.
"(5) AUDITS.--The President shall provide for periodic President.
audits of the hazard mitigation grant programs administered
by States under this subsection.".
114 STAT. 1562
PUBLIC LAW 106-390---OCT. 30, 2000
SEC. 205. ASSISTANCE TO REPAIR, RESTORE, RECONSTRUCT, OR
REPLACE DAMAGED FACILITIES.
(a) CONTRIBUTIONS.---Section 406 of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 U.S.C. 5172) is
amended by striking subsection (a) and inserting the following:
"(a) CONTRIBUTIONS.--
"(1) IN GENERAL.--The President may make contributions--
"(A) to a State or local government for the repair,
restoration, reconstruction, or replacement of a public
facility damaged or destroyed by a major disaster and
for associated expenses incurred by the government; and
"(B) subject to paragraph (3), to a person that owns
or operates a private nonprofit facility damaged or
destroyed by a major disaster for the repair, restoration,
reconstruction, or replacement of the facihty and for associ-
ated expenses incurred by the person.
"(2) ASSOCIATED EXPENSES.--For the purposes of this sec-
tion, associated expenses shall include--
"(A) the costs of mobilizing and employing.the National
Guard for performance of eligible work;
"(B) the costs of using prison labor to perform eligible
work, including wages actually paid, transportation to a
worksite, and extraordinary costs of guards, food, and
lodging; and
"(C) base and overtime wages for the employees and
extra hires of a State, local government, or person described
in paragraph (1) that perform eligible work, plus fringe
benefits on such wages to the extent that such benefits
were being paid before the major disaster.
"(3) CONDITIONS FOR ASSISTANCE TO PRIVATE NONPROFIT
FACILITIES.--
"(A) IN GENERAL.--The President may make contribu-
tions to a private nonprofit facility under paragraph (1)(B)
only
"(i) the facility provides critical services (as defined
by the President) in the event of a major disaster;
or
"(ii) the owner or operator of the facility--
"(I) has applied for a disaster loan under sec-
tion 7(b) of the Small Business Act (15 U.S.C.
636(b)); and
"(II)(aa) has been determined to be ineligible
for such a loan; or
"(bb) has obtained such a loan in the maximum
amount for which the Small Business Administra-
tion determines the facility is eligible.
"(B) DEFINITION OF CRITICAL SERVICES.--In this para-
graph, the term 'critical services' includes power, water
(including water provided by an irrigation organization
or facility), sewer, wastewater treatment, communications,
and emergency medical care.
"(4) NOTIFICATION TO CONGRESS.--Before making any con-
tribution under this section in an amount greater than
$20,000,000, the President shall notify--
"(A) the Committee on Environment and Public Works
of the Senate;
PUBLIC LAW 106-390--OCT. 30, 2000
114 STAT. 1563
"(B) the Committee on Transportation and Infrastruc-
ture of the House of Representatives;
"(C) the Committee on Appropriations of the Senate;
and
"(D) the Committee on Appropriations of the House
of Representatives.".
(b) FEDERAL SHARE.--Section 406 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172)
is amended by striking subsection (b) and inserting the following:
"(b) FEDERAL SHARE.-
''(1) MINIMUM FEDERAL SHARE.--Except as provided in para-
graph (2), the Federal share of assistance under this section
shall be not less than 75 percent of the eligible cost of repair,
restoration, reconstruction, or replacement carried out under
this section.
"(2) RE~)UCEO rrDrr~ SHARE.--The President shall
promulgate regulations to reduce the Federal share of assist-
ance under this section to not less than 25 percent in the
case of the repair, restoration, reconstruction, or replacement
of any eligible public facility or private nonprofit facility fol-
lowing an event associated with a major disaster--
"(A) that has been damaged, on more than one occasion
within the preceding 10-year period, by the same type
of event; and
"(B) the owner of which h~s failed to implement appro-
priate mitigation measures to address the hazard that
caused the damage to the facility.".
(c) LARGE IN-LIEU CONTRIBUTIONS.--Secti0n 406 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5172) is amended by striking subsection (c) and inserting the fol-
lowing:
"(c) LARGE IN-LIEU CONTRIBUTIONS.-
''(1) FOR PUBLIC FACILITIES.--
"(A) IN GENERAL.--In any case in which a State or
local government determines that the public welfare would
not best be served by repairing, restoring, reconstructing,
or replacing any public facility owned or controlled by
the State or local government, the State or local govern-
ment may elect to receive, in lieu of a contribution under
subsection (a)(1)(A), a contribution in an amount equal
to 75 percent of the Federal share'of the Federal estimate
of the cost of repairing, restoring, reconstructing, or
replacing the facility and of management expenses.
"(B) AREAS WITH UNSTABLE SOIL.--In any case in which
a State or local government determines that the public
welfare would not best be served by repairing, restoring,
reconstructing, or replacing any public facility owned or
controlled by the State or local government because soil
instability in the disaster area makes repair, restoration,
reconstruction, or replacement infeasible, the State or local
government may elect to receive, in lieu of a contribution
under subsection (a)(1)(A), a contribution in an amount
equal to 90 percent of the Federal share of the Federal
estimate of the cost of repairing, restoring, reconstructing,
or replacing the facility and of management expenses.
"(C) USE OF FUNDS.--Funds contributed to a State
or local government under this paragraph may be used--
President.
Regulations.
114 STAT. 1564
PUBLIC LAW 106-390--OCT. 30, 2000
"(i) to repair, restore, or expand other selected
public facilities;
"(ii) to construct new facilities; or
"(iii) to fund hazard mitigation measures that the
State or local government determines to be necessary
to meet a need for governmental services and functions
in the area affected by the major disaster.
"(D) LIMIT^TIONS.--Funds made available to a State
or local government under this paragraph may not be used
for--
"(i) any public facility located in a regulatory
floodway (as defined in section 59.1 of title 44, Code
of Federal Regulations (or a successor regulation)); or
"(ii) any uninsured public facility located in a spe-
cial flood hazard area identified by the Director of
the Federal Emergency Management Agency under the
National Flood Insurance Act of 1968 (42 U.S.C. 4001
et seq.).
"(2) FOR PRIVATE NONPROFIT FACILITIES.--
"(A) IN GENERAL.--In any case in which a person that
owns or operates a private nonprofit facility determines
that the public welfare would not best be served by
repairing, restoring, reconstructing, or replacing the
facility, the person may elect to receive, in lieu of a con-
tribution under subsection (a)(1)(B), a contribution in an
amount equal to 75 percent of the Federal share of the
Federal estimate of the cost of repairing, restoring, recon-
strncting, or replacing the facility and of management.
expenses.
"(B) UsE or rUN~s.--Funds contributed to a person
under this paragraph may be used--
"(i) to repair, restore, or expand other selected
private nonprofit facilities owned or operated by the
person;
"(ii) to construct new private nonprofit facilities
to be owned or operated by the person; or
"(iii) to fund hazard mitigation measures that the
person determines to be necessary to meet a need
for the person's services and functions in the area
affected by the major disaster.
"(C) LIMITATIONS.--Funds made available to a person
under this paragraph may not be used for--
"(i) any private nonprofit facility located in a regu-
latery fioodway (as defined in section 59.1 of title 44,
Code of Federal Regulations (or a successor regula-
tion)); or
"(ii) any uninsured private nonprofit facility
located in a special flood hazard area identified by
the Director of the Federal Emergency Management
Agency under the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.).".
(d) ELIGIBLE COST.--
(1) IN GEN~RAL.--Section 406 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172)
is amended by striking subsection (e) and inserting the fol-
lowing:
"(e) ELIGIBLE COST.--
PUBLIC LAW 106-390--0CT. 30, 2000
114 STAT. 1565
"(1) DETERMINATION.--
"(A) IN GENERAL.--For the purposes of this section,
the President shall estimate the eligible cost of repairing,
restoring, reconstructing, or replacing a public facility or
private nonprofit facility--
"(i) on the basis of the design of the facility as
the facility existed immediately before the major dis-
aster; and
"(ii) in conformity with codes, specifications, and
standards (inchiding floodplain management and
hazard mitigation criteria required by the President
or under the Coastal Barrier Resources Act (16 U.S.C.
3501 et seq.)) applicable at the time at which the
disaster occurred.
"(B) COST ESTIMATION PROCEDURES.--
"(i) IN GENERAL.--Subject to paragraph (2), the
President shall use the cost estimation procedures
established under paragraph (3) to determine the
eligible cost under this subsection.
"(ii) APPLICABILITY.--The procedures specified in
this paragraph and paragraph (2) shah apply only
to projects the eligible cost of which is equal to or
greater than the amount specified in section 422.
"(2) MODIFICATION OF ELIGIBLE COST.--
"(A) ACTUAL COST GREATER THAN CEILING PERCENTAGE
OF ESTIMATED COST.--In any case in which the actual cost
of repairing, restoring, reconstructing, or replacing a facility
under this section is greater than the ceiling percentage
established under paragraph (3) of the cost estimated under
paragraph (1), the President may determine that the
eligible cost includes a portion of the actual cost of the
repair, restoration, reconstruction, or replacement that
exceeds the cost estimated under paragraph (1).
"(S) ACTUAL COST LESS THAN ESTIMATED COST.--
"(i) GREATER THAN OR EQUAL TO FLOOR PERCENT-
AGE OF ESTIMATED COST.--In any case in which the
actual cost of repairing, restoring, reconstructing, or
replacing a facility under this section is less than 100
percent of the cost estimated under paragraph (1),
but is greater than or equal to the floor percentage
established under paragraph (3) of the cost estimated
under paragraph (1), the State or local government
or person receiving funds under this section shall use
the excess funds to carry out cost-effective activities
that reduce the risk of future damage, hardship, or
suffering from a major disaster.
"(ii) LESS THAN FLOOR PERCENTAGE OF ESTIMATED
COST.--In any case in which the actual cost of
repairing, restoring, reconstructing, or replacing a
facility under this section is less than the floor percent-
age established under paragraph (3) of the cost esti-
mated under paragraph (1), the State or local govern-
ment or person receiving assistance under this section
shall reimburse the President in the amount of the
difference.
"(C) No EFFECT ON APPEALS PROCESS.--Nothing in this
paragraph affects any right of appeal under section 423.
114 STAT. 1566
PUBLIC LAW 106-390--OCT. 30, 2000
President.
Deadline.
Deadline.
42 USC 5172
note.
"(3) EXPERT PANEL.--
"(A) ESTABLISHMENT.--Not later than 18 months after
the date of the enactment of this paragraph, the President,
acting through the Director of the Federal Emergency
Management Agency, shall establish an expert panel, which
shall include representatives from the construction industry
and State and local government.
"(B) DUTIES.--The expert panel shall develop rec-
ommendations concerning--
"(i) procedures for estimating the cost of repairing,
restoring, reconstructing, or replacing a facility con-
sistent with industry practices; and
"(ii) the ceiling and floor percentages referred to
in paragraph (2).
"(C) REGULATIONS.--Taking into account the rec-
ommendations of the expert panel under subparagraph
(B), the President shall promulgate regulations that
establish--
"(i) cost estimation procedures described in
subparagraph (B)(i); and
"(ii) the ceiling and floor percentages referred to
in paragraph (2).
"(D) REVIEW BY PRESIDENT.--Not later than 2 years
after the date of promulgation of regulations under
subparagraph (C) and periodically thereafter, the President
shall review the cost estimation procedures and the ceiling
and floor percentages established under this paragraph.
"(E) REPORT TO CONGRESS.--Not later than i year after
the date of promulgation of regulations under subpara-
graph (C), 3 years after that date, and at the end of
each 2-year period thereafter, the expert panel shall submit
to Congress a report on the appropriateness of the cost
estimation procedures. .
"(4) SPECLkL RULE.--In any case in which the facility being
repaired, restored, reconstructed, or replaced under this section
was under construction on the date of the major disaster,
the cost of repairing, restoring, reconstructing, or replacing
the facility shall include, for the purposes of this section, only
those costs that, under the contract for the construction, are
the owner's responsibility and not the contractor's responsi-
bility.".
(2) EFFECTIVE DATE.--The amendment made by paragraph
(1) takes effect on the date of the enactment of this Act and
applies to funds appropriated after the date of the enactment
of this Act, except that paragraph (1) of section 406(e) of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (as amended by paragraph (1)) takes effect on the date
on which the cost estimation procedures established under para-
graph (3) of that section take effect.
(e) CONFORMING AMENDMENT.~ecti0n 406 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5172) is amended by striking subsection (f).
SEC. 206. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.
(a) IN GEN~RAL.~ection 408 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5174) is amended
to read as follows:
PUBLIC LAW 106-390--OCT. 30, 2000
114 STAT. 1567
"SEC. 408. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.
"(a) IN GENEP, AL.--
"(1) PROVISION OF ASSlSTANCE.--In accordance with this
section, the President, in consultation with the Governor of
a State, may provide financial assistance, and, if necessary,
direct services, to individuals and households in the State who,
as a direct result of a major disaster, have necessary expenses
and serious needs in cases in which the individuals and house-
holds are unable to meet such expenses or needs through other
means.
"(2) RELATIONSHIP TO OTHER ASSISTANCE.--Under para-
graph (1), an individual or household shall not be denied assist-
ance under paragraph (1), (3), or (4) of subsection (c) solely
on the basis that the individual or household has not applied
for or received any loan or other financial assistance from
the Small Business Administration or any other Federal agency.
"(b) HOUSING ASSISTANCE.--
"(1) ELIGIBILITY.--The President may provide financial or
other assistance under this section to individuals and house-
holds to respond to the disaster-related housing needs of
individuals and households who are displaced from their
predisastor primary residences or whose predisastor primary
residences are rendered uninhabitable as a result of damage
caused by a major disaster.
"(2) DETERMINATION OF APPROPRIATE TYPES OF ASSIST-
"(A) IN GENERAL.--The President shall determine
appropriate types of housing assistance to be provided
under this section to individuals and households described
in subsection (a)(1) based on considerations of cost effective-
ness, convenience to the individuals and households, and
such other factors as the President may consider appro-
priate.
"(S) MULTIPLE TYPES OF ASSISTANCE.--One or more
types of housing assistance may be made available under
this section, based on the suitability and availability of
the types of assistance, to meet the needs of individuals
and households in the particular disaster situation.
"(c) TYPES OF HOUSING ASSISTANCE.--
"(1) TEMPORARY HOUSING.--
"(A) FIN~CIAL ASSISTANCE.--
"(i) IN GENrRAL.--The President may provide
financial assistance to individuals or households to
rent alternate housing accommodations, existing rental
units, manufactured housing, recreational vehicles, or
other readily fabricated dwellings.
"(ii) A~ouNT.--The amount of assistance under
clause (i) shall be based on the fair market rent for
the accommodation provided plus the cost of any
transportation, utility hookups, or unit installation not
provided directly by the President.
"(B) DIRECT ASSISTANCE.--
"(i) IN GElVERAL.--The President may provide tem-
porary housing units, acquired by purchase or lease,
directly to individuals or households who, because of
a lack of available housing resources, would be unable
President.
114 STAT. 1568
PUBLIC LAW 106-390--OCT. 30, 2000
to make use of the assistance provided under subpara-
graph (A).
"(ii) PERIOD Or ASSISTANCE.--The President may
not provide direct assistance under clause (i) with
respect to a major disaster after the end of the 18-
month period beginning on the date of the declaration
of the major disaster by the President, except that
the President may extend that period if the President
determines that due to extraordinary circumstances
an extension would be in the public interest.
"(iii) COLLECTION OF RENTAL CHARGES. After the
end of the 18-month period referred to in clause (ii),
the President may charge fair market rent for each
temporary housing unit pro~ided.
"(2) REPAIRS.--
"(A) IN GENEI~L.--The President may provide financial
assistance for--
"(i) the repair of owner-occupied private residences,
utilities, and residential infrastructure (such as a pri-
vate access route) damaged by a major disaster to
a safe and sanitary living or functioning condition;
and
"(ii) eligible hazard mitigation measures that
reduce the likelihood of future damage to such resi-
dences, utilities, or infrastructure.
"(B) RELATIONSHIP TO OTHER ASSISTANCE.~A recipient
of assistance provided under this paragraph shall not be
required to show that the assistance can be met through
other means, except insurance proceeds.
"(C) MAXIMUM AMOLrNT OF ASSISTANCE.--The amount
of assistance provided to a household under this paragraph
shall not exceed $5,000, as adjusted annually to reflect
changes in the Consumer Price Index for All Urban Con-
sumers published by the Department of Labor.
"(3) REPLACEMENT.--
"(A) IN GENERAL.--The President may provide financial
assistance for the replacement of owner-occupied private
residences damaged by a major disaster.
"(B) MAXrMUM AMOUNT OF ASSlSTANCE.--The amount
of assistance provided to a household under this paragraph
shall not exceed $10,000, as adjusted annually to reflect
changes in the Consumer Price Index for Ali Urban Con-
sumers published by the Department of Labor.
"(C) APPLICABILITY OF FLOOD INSURANCE REQUIRE-
MENT.--With respect to assistance provided under this
paragraph, the President may not waive any provision
of Federal law requiring the purchase of flood insurance
as a condition of the receipt of Federal disaster assistance.
"(4) PERMANENT HOUSING CONSTRUCTION.--The President
may provide financial assistance or direct assistance to individ-
uals or households to construct permanent housing in insular
areas outside the continental United States and in other remote
locations in cases in which--
"(A) no alternative housing resources are available;
and
PUBLIC LAW 106-390--OCT. 30, 2000
114 STAT. 1569
"(B) the types of temporary housing assistance
described in paragraph (1) are unavailable, infeasible, or
not cost-effective.
"(d) TERMS AND CONDITIONS RELATING TO HOUSING ASSIST-
"(1) SITES.--
"(A) IN GENERAL.--Any readily fabricated dwelling pro-
vided under this section shall, whenever practicable, be
located on a site that--
"(i) is complete with utilities; and
"(ii) is provided by the State or local government,
by the owner of the site, or by the occupant who
was displaced by the major disaster.
"(B) SITES PROVIDED BY THE PRESIDENT.--A readily
fabricated dwelling may be located on a site provided by
the President if the President determines that such a site
would be more economical or accessible.
"(2) DISPOSAL OF UNITS.--
"(A) SAL~ TO OCCU~NTS.--
"(i) IN aENERAL.--Notwithstanding any other
provision of law, a temporary housing unit purchased
under this section by the President for the purpose
of housing disaster victims may be sold directly to
the individual or household who is occupying the unit
if the individual or household lacks permanent housing.
"(ii) SALE PRICE.--A sale of a temporary housing
unit under clause (i) shall be at a price that is fair
and equitable.
"(iii) DEPOSIT OF PROCEEDS.--Notwithstanding any
other provision of law, the proceeds of a sale under
clause (i) shall be deposited in the appropriate Disaster
Relief Fund account.
"(iv) HAZARD ANI) FLOOD INSURANCE.--A sale of
a temporary housing unit under clause (i) shall be
made on the condition that the individual or household
purchasing the housing unit agrees to obtain and main-
rain hazard and flood insurance on the housing unit.
"(v) USE OF GSA SERVICES.--The President may
use the services of the General Services Administration
to accomplish a sale under clause (i).
"(B) OTHER METHODS OF DISPOSAL.--If not disposed
of under subparagraph (A), a temporary housing unit pur-
chased under this section by the President for the purpose
of housing disaster victims--
"(i) may be sold to any person; or
"(ii) may be sold, transferred, donated, or otherwise
made available directly to a State or other govern-
mental entity or to a voluntary organization for the
sole purpose of providing temporary housing to disaster
victims in major disasters and emergencies if, as a
condition of the sale, transfer, or donation, the State,
other governmental agency, or voluntary organization
agrees--
"(I) to comply with the nondiscrimination
provisions of section 308; and
"(II) to obtain and maintain hazard and flood
insurance on the housing unit.
114 STAT. 1570
PUBLIC LAW 106-390--OCT. 30, 2000
President.
"(e) FINANCL~L ASSISTANCE TO ADDRESS OTHER NEEDS.--
"(1) MEDICAL, DENTAL, AND FUNERAL EXPENSES.--The Presi-
dent, in consultation with the Governor of a State, may provide
financial assistance under this section to an individual or house-
hold in the State who is adversely affected by a major disaster
to meet disaster-related medical, dental, and funeral expenses.
"(2) PERSONAL PROPERTY, TtLA_NSPORTATION, AND OTHER
EXPENSES.--The President, in consultation with the Governor
of a State, may provide financial assistance under this section
to an individual or household described in paragraph (1) to
address personal property, transportation, and other necessary
expenses or serious needs resulting from the major disaster.
"(f) STATE ROLr.--
"(1) FINANCIAL ASSISTANCE TO ADDRESS OTHER NEEDS.--
"(A) GRANT TO STATE.--Subject to subsection (g), a
Governor may request a grant from the President to provide
financial assistance to individuals and households in the
State under subsection (e).
"($) ADMINISTRATIVE COSTS.--A State that receives a
grant under subparagraph (A) may expend not more than
5 percent of the amount of the grant for the administrative
costs of providing financial assistance to individuals and
households in the State under subsection (e).
"(2) ACCESS TO RECORDS.--In providing assistance to
individuals arid households under this section, the President
shall provide for the substantial and ongoing involvement of
the States in which the individuals and households are located,
including by providing to the States access to the electronic
records of individuals and households receiving assistance
under this section in order for the States to make available
any additional State and local assistance to the individuals
and households.
"(g) COST SHARING.--
"(1) FEDERAL SHARE.--Except as provided in paragraph
(2), the Federal share of the costs eligible to be paid using
assistance provided under this section shall be 100 percent.
"(2) FINANCIAL ASSISTANCE TO ADDRESS OTHER NEEDS.-
In the case of financial assistance provided under subsection
(e)--
"(A) the Federal share shall be 75 percent; and
"(B) the rwn-Federal share shall be paid from funds
made available by the State.
"(h) MAXIMUM AMOUNT OF ASSISTANCE.--
"(1) IN GENERAL.--No individual or household shall receive
financial assistance greater than $25,000 under this section
with respect to a single major disaster.
"(2) ADJUSTMENT OF LIMIT.--The limit established under
paragraph (1) shall be adjusted annually to reflect changes
in the Consumer Price Index for All Urban Consumers pub-
lished by the Department of Labor.
"(i) RULES AND REGULATIONS.--The President shall prescribe
rules and regulations to carry out this section, including criteria,
standards, and procedures for determining eligibility for assist- '
(b) CONFORMING AMENDMENT.--Section 502(a)(6) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5192(a)(6)) is amended by striking "temporary housing".
PUBLIC LAW 106-390--OCT. 30, 2000
114 STAT. 1571
(c) ELIMINATION OF INDMDUAL AND FAMILY GRANT PRO-
GRAMS.--Section 411 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5178) is repealed.
(d) EFFECTIVE DATE.--The amendments made by this section
take effect 18 months after the date of the enactment of this
Act.
42 USC 5174
note.
SEC. 207. COMMUNITY DISASTER LOANS.
Section 417 of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5184) is amended--
(1) by striking "(a) The President" and inserting the fol-
lowing:
"(a) IN GENERAL.--The President";
(2) by striking "The amount" and inserting the following:
"(b) AMOUNT.--The amount";
(3) by striking "Repayment" and inserting the following:
"(C) REPAYMENT,-
''(1) CANCELLATION.--Repayment";
(4) by striking "(b) Any loans" and inserting the following:
"(d) ErrrCT ON OTHER ASSISTANCE.--Any loans";
(5) in subsection (b) (as designated by paragraph (2))--
(A) by striking "and shall" and inserting "shall"; and
(B) by inserting before the period at the end the fol-
lowing: ", and shall not exceed $5,000,000"; and
(6) in subsection (c) (as designated by paragraph (3)), by
adding at the end the following:
"(2) CONDITION ON CONTINUING ELIGIBILITY.--A local
government shall not be eligible for further assistance under
this section during any period in which the local government
is in arrears with respect to a required repayment of a loan
under this section.".
SEC. 208. REPORT ON STATE MANAGEMENT OF SM~I.I. DISASTERS INI- 42 USC 5121
TIATIVE. note.
Not later than 3 years after the date of the enactment of Deadline.
this Act, the President shall submit to Congress a report describing
the results of the State Management of Small Disasters Initiative,
including-
(l) identification of any administrative or financial benefits
of the initiative; and
(2) recommendations concerning the conditions, if any,
under which States should be allowed the option to administer
parts of the assistance program under section 406 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5172).
SEC. 209. STUDY REGARDING COST REDUCTION. 42 USC 5121
note.
Not later than 3 years after the date of the enactment of Deadline.
this Act, the Director of the Congressional Budget Office shall
complete a study estimating the reduction in Federal disaster assist-
ance that has resulted and is likely to result from the enactment
of this Act.
114 STAT. 1572
PUBLIC LAW106-390--OCT. 30,2000
TITLE III--MISCELLANEOUS
President.
SEC. 301. TECHNICAL CORRECTION OF SHORT TITLE.
The first section of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 note) is amended to
read as follows:
"SECTION 1. SHORT TITLE.
"This .Act may be cited as the 'Robert T. Stafford Disaster
Relief and Emergency Assistance Act'.".
SEC. 302. DEFINITIONS.
Section-102 of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5122) is amended-
(l) in each of paragraphs (3) and (4), by striking "the
Northern" and all that follows through "Pacific Islands" and
inserting "and the Commonwealth of the Northern Mariana
Islands";
(2) by striking paragraph (6) and inserting the following:
"(6) LOCAL GOVERNMENT.--The term 'local government'
means--
"(A) a county, municipality, city, town, township, local
public authority, school district, special district, intrastate
district, council of governments (regardless of whether the
council of governments is incorporated as a nonprofit cor-
poration under State law), regional or interstate govern-
ment entity, or agency or instrumentality of a local govern-
ment;
"(B) an Indian tribe or authorized tribal organization,
or Alaska Native village or organization; and
"(C) a rural community, unincorporated town or village,
or other public entity, for which an application for assist-
ance is made by a State or political subdivision of a State.";
and
(3) in paragraph (9), by inserting "irrigation," after
"utility,".
SEC, 303, FIRE MANAGEMENT ASSISTANCE.
(a) IN GENERAL.~qection 420 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5187) is amended
to read as follows:
"SEC. 420. FIRE MANAGEMENT ASSISTANCE.
"(a) IN GENEr~L.--The President is authorized to provide assist-
ance, including grants, equipment, supplies, and personnel, to any
State or local government for the mitigation, management, and
control of any fire on public or private forest land or grassland
that threatens such destruction as would constitute a major dis-
aster.
"(b) COORDINATION WITH STATE AND TRIBAL DEPARTMENTS OF
FORESTRY.--In providing assistance under this section, the Presi-
dent shall coordinate with State and tribal departments of forestry.
"(c) ESSENTIAL ASSlSTANCE.--In providing assistance under this
section, the President may use the authority provided under section
403.
PUBLIC LAW 106-390--OCT. 30, 2000
114 STAT. 1573
"(d) RULES AND REGULATIONS.--The President shall prescribe
such rules and regulations as are necessary to carry out this sec-
tion.''.
(b) ErPrCTIVE DA?E.--The amendment made by subsection (a)
takes effect I year after the date of the enactment of this Act.
SEC. 304. DISASTER GRANT CLOSEOUT PROCEDURES.
Title VII of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5101 et seq.) is amended by adding
at the end the following:
"SEC. 705. DISASTER GRANT CLOSEOUT PROCEDURES.
"(a) STATUTE OF LIMITATIONS.--
"(1) IN CrNrRAL.--Except as provided in paragraph (2),
ne administrative action to recover any payment made to a
State or local government for disaster or emergency assistance
under this Act shall be initiated in any forum after the date
that is 3 years after the date of transmission of the final
expenditure report for the disaster or emergency.
"(2) FP~UD EXCEPTION. The limitation under paragraph
(1) shall apply unless there is evidence of civil or criminal
fraud.
"(b) REBUTTAL OF PRESUMPTION OF RECORD MAINTENANCE.--
"(1) IN CrN~RAL.--In any dispute arising under this section
after the date that is 3 years after the date of transmission
of the final expenditure report for the disaster or emergency,
there shall be a presumption that accounting records were
maintained that adequately identify the source and application
of funds provided for financially assisted activities.
"(2) AFFIRMATIVE EVIDENCE.--The presumption described
in paragraph (1) may be rebutted only on production of affirma-
tive evidence that the State or local government did not main-
tain documentation described in that paragraph.
"(3) INABILITY TO PRODUCE DOCLrMENTATION.--The inability
of the Federal, State, or local government to produce source
documentation supporting expenditure reports later than 3
years after the date of transmission of the final expenditure
report shall not constitute evidence to rebut the presumption
described in paragraph (1).
"(4) RIGHT or ^CCESS.--The period during which the Fed-
eral, State, or local government has the right to access source
documentation shall not be limited to th~ required 3-year reten-
tion period referred to in paragraph (3), but shall last as long
as the records are maintained.
"(c) BINDING NATURE OF GRANT REQUIREMENTS.--A State or
local government shall not be liable for reimbursement or any
other penalty for any payment made under this Act if-
"(1) the payment was authorized by an approved agreement
specifying the costs;
"(2) the costs were reasonable; and
"(3) the purpose of the grant was accomplished.".
SEC. 305. PUBLIC SAFETY OI~'r'iCER BENEFITS FOR CERTAIN FEDERAL
AND STATE EMPLOYEES.
(a) IN GENrr~L.--Section 1204 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796b) is amended by
striking paragraph (7) and inserting the following:
"(7) 'public safety officer' means--
President.
42 USC 5187
note.
42 USC 5205.
114 STAT. 1574
PUBLIC LAW 106-390--OCT. 30, 2000
42 USC 3796b
note.
42 USC 5206.
Deadline.
"(A) an individual serving a public agency in an official
capacity, with or without compensation, as a law enforce-
ment officer, as a firefighter, or as a member of a rescue
squad or ambulance crew;
"(B) an employee of the Federal Emergency Manage-
ment Agency who is performing official duties of the Agency
in an area, if those official duties--
"(i) are related to a major disaster or emergency
that has been, or is later, declared to exist with respect
to the area under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.);
and
"(ii) are determined by the Director of the Federal
Emergency Management Agency to be hazardous
duties; or
"(C) an employee of a State, local, or tribal emergency
management or civil defense agency who is performing
official duties in cooperation with the Federal Emergency
Management Agency in an area, if those official duties--
"(i) are related to a major disaster or emergency
that has been, or is later, declared to exist with respect
to the area under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.);
and
"(ii) are determined by the head of the agency
to be hazardous duties.".
(b) EFFECTIVE DATE.--The amendment made by subsection (a)
applies only to employees described in subparagraphs (B) and (C) -
of section 1204(7) of the Omnibus Crime Control and Safe Streets
Act of 1968 (as amended by subsection (a)) who are injured or
who die in the line of duty on or after the date of the enactment
of this Act.
SEC. 306. BUY AMERICAN.
(a) COMrLIANCr WI?H BUY AMrRICAN ACT.--No funds author-
ized to be appropriated under this Act or any amendment made
by this Act may be expended by an entity unless the entity, in
expending the funds, complies with the Buy American Act (41
U.S.C. 10a et seq.).
(b) DEBARMENT OF PERSONS CONVICTED OF FRAUDULENT USE
OF "MADE IN AMERICA" LABELS.--
(1) IN GENERAL.--If the Director of the Federal Emergency
Management Agency determines that a person has been con-
victed of intentionally affixing a label bearing a "Made in
America" inscription to any product sold in or shipped to the
United States that is not made in America, the Director shall
determine, not later than 90 days after determining that the
person has been so convicted, whether the person should be
debarred from contracting under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
(2) DEFINITION or DEBAR.--In this subsection, the term
"debar" has the meaning given the term in section 2393(c)
of title 10, United States Code.
SEC. 307. TREATMENT OF CERTAIN REAL PROPERTY.
(a) IN GENrRAL.--Notwithstanding the National Flood Insur-
ance Act of 1968 (42 U.S.C. 4001 et seq.), the Flood Disaster
PUBLIC LAW 106-390--OCT. 30, 2000
114 STAT. 1575
Protection Act of 1973 (42 U.S.C. 4002 et seq.), or any other provi-
sion of law, or any flood risk zone identified, delineated, or estab-
lished under any such law (by flood insurance rate map or other-
wise), the real property described in subsection (b) shall not be
considered to be, or to have been, located in any area having
special flood hazards (including any floodway or floodplain).
(b) REAL PROPERTY.--The real property described in this sub-
section is all land and improvements on the land located in the
Maple Terrace Subdivisions in the City of Sycamore, DeKalb
County, Illinois, including-- (1) Maple Terrace Phase I;
(2) Maple Terrace Phase II;
(3) Maple Terrace Phase III Unit 1;
(4) Maple Terrace Phase III Unit 2;
(5) Maple Terrace Phase III Unit 3;
(6) Maple Terrace Phase 1V Unit 1;
(7) Maple Terrace Phase IV Unit 2; and
(8) Maple Terrace Phase IV Unit 3.
(c) REVISION OF FLOOD INSURANCE RATE LOT MAPs.--As soon
as practicable after the date of the enactment of this Act, the
Director of the Federal Emergency Management Agency shall revise
the appropriate flood insurance rate lot maps of the agency to
reflect the treatment under subsection (a) of the real property
described in subsection (b).
SEC. 308. STUDY OF PARTICIPATION BY IN-DIAN TRIBES IN EMERGENCY 42 USC 5121
MANAGEMENT. note.
(a) DEFINITION OF INDIAN TRmr.--In this section, the term
"Indian tribe" has the meaning given the term in section 4 of
the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b).
(b) STUDY.-
(1) IN GENERAL.--The Director of the Federal Emergency
Management Agency shall conduct a study of participation
by Indian tribes in emergency management.
(2) REQUIRED ELEMENTS.--The study shall-
(A) survey participation by Indian tribes in training,
predisaster and postdisaster mitigation, disaster prepared-
ness, and disaster recovery programs at the Federal and
State levels; and
(B) review and assess the capacity of Indian tribes
to participate in cost-shared emergency management pro-
grams and to participate in the management of the pro-
grams.
(3) CONSULTATION.--In conducting the study, the Director
shall consult with Indian tribes.
(c) REPORT.--Not later than i year after the date of the enact- Deadline.
merit of this Act, the Director shall submit a report on the study
under subsection (b) to-
(l) the Committee on Environment and Public Works of
the Senate;
(2) the Committee on Transportation and Infrastructure
of the House of Representatives;
(3) the Committee on Appropriations of the Senate; and
114 STAT. 1576 PUBLIC LAW 106-390--OCT. 30, 2000
(4) the Committee on Appropriations of the House of Rep-
resentatives.
Approved October 30, 2000.
LEGISLATIVE HISTORY--H.R. 707 (S. 1691):
HOUSE REPORTS: No. 106~i0 (Comm. on Transportation and Infrastructure).
SENATE REPORTS: No. 106-295 accompanying S. 1691 (Comm. on Environment
and Public Works).
CONGRESSIONAL RECORD:
Vol. 145 (1999): Mar. 4, considered and passed House.
Vol. 146 (2000): July 19, considered and passed Senate, amended.
Oct. 3, House concurred in Senate amendment with an
amendment.
Oct. 5, Senate concurred in House amendment with an
amendment.
Oct. 10, House concurred in Senate amendment.
Tuesday,
February 26, 2002
Part III
Federal Emergency
Management Agency
44 CFR Parts 201 and 206
Hazard Mitigation Planning and Hazard
Mitigation Grant Program; Interim Final
Rule
8844 Federal Register/Vol, 67. No. 38/Tuesday. February 26, 2002/Rules and Regulations
FEDERALEMERGENCY
MANAGEMENT AGENCY
44 CFR Pads 201 and 206
RIN 3067-AD22
Hazard Mitigation Planning and Hazard
Mitigation Grant Program
AGENCY: Federal Emergency
Management Agency.
ACTION: Interim final rule.
SUMMARY: This rule addresses State
mitigation planning, identifies new
local mitigation planning reqnirements,
authorizes Hazard Mitigation Grant
Program (HMGP) funds for planning
activities, and increases the amount of
HMGP funds available to States that
develop a comprehensive, enhanced
mitigation plan. This rule also requires
that repairs or construction funded by a
disaster loan or grant must be carried
out in accordance with applicable
standards and says that FEMA may
require safe land use and construction
practices as a condition of grantees
receiving disaster assistance under the
Stafford Act.
DATES: Effective Date: February 26,
2002.
Comment Date: We will accept
written comments through April 29,
· 2002,
ADDRESSES: Please send written
comments to the Rules Docket Clerk,
Office of the General Counsel, Federal
Emergency Management Agency, 500 C
Street, SW., room 840, Washington, DC
20472, (facsimile) 202-646~1536, or
(email) rules@fema.gov.
FOR FURTHER INFORMATION CONTACT:
Margaret E. Lawless, Federal Insurance
and Mitigation Administration, Federal
Emergency Management Agency, 500 C
Street, SW., Washington, DC, 20472,
202-646-3027, (facsimile) 202-646-
3104, or (email)
margaret.lawless@fema.gov,
SUPPLEMENTARY INFORMATION:
Introduction
Throughout the preamble and the rule
the terms "we", "our" and "us" refer to
FEMA.
Section 322 of the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act (Stafford Act or the Act),
42 U.S.C. 5165, enacted under §104 the
Disaster Mitigation Act of 2000, (DMA
2000) P.L. 106--390, provides new and
revitalized approaches to mitigation
planning. This section: (1) Continues
the requirement for a Standard State
Mitigation plan as a condition of
disaster assistance; (2) provides for
States to receive an increased
percentage of HMGP fiends (fl'om 15 to
20 percent of the total estimated eligible
Federal assistance) if, at the time of the
declaration of a major disaster, they
have in effect a FEMA-approved
Enhanced State Mitigation Plan that
meets the factors listed in this rule; (3)
establisims a new requirement fbr local
mitigation plans; and (4) authorizes up
to 7 percent of the HMGP funds
available to a State to be used for
development of State, tribal, and local
mitigation plans. We will give Indian
tribal governments the opportunity to
fulfill the requirements of § 322 either as
a grantee.or a subgrantee. An Indian
tribal government may choose to apply
for HMGP funding directly to us and
would then serve as a grantee, meeting
the State level responsibilities, or it may
apply through the State, meeting the-
local government or subgrantee
responsibilities.
Section 322, in concert with other
sections of the Act, provides a
significant opportunity to reduce the
Nation's disaster losses through
mitigation planning. In addition,
implementation of planned, pre-
identified, cost-effective mitigation
measures will streamline the disaster
recovery process. The Act provides a
framework for linking pre- and post-
disaster mitigation planning and
initiatives with public and private
interests to ensure an integrated,
comprehensive approach to disaster loss
reduction. The language in the Act,
taken as a whole, emphasizes the
importance of strong State and local
planning processes and comprehensive
program management at the State level.
The new planning criteria also support
State administration of the HMGP, and
contemplate a significant State
commitment to mitigation activities,
comprehensive State mitigation
planning, and strong program
management.
The planning process also provides a
link between State and local mitigation
programs, Both State level and local
plans should address strategies for
incorporating post-disaster early
mitigation implementation strategies
and sustainable recovery actions. We
also recognize that governments are
involved in a range of planning
activities and that mitigation plans may
be linked to or reference hazardous
materials and other non-natural hazard
plans. Improved mitigation planning
will result in a better understanding of
risks and vulnerabilities, as well as to
expedite implementation of measures
and activities to reduce those risks, both
pre- and post-disaster.
Section 409 of the Stafford Act, 42
U.S.C. 5176, which ~:equired mitigation
plans and the use of minimum codes
and standards, was repealed by tim
DMA 2000. These issues are now
addressed in two separate sections of
the law: mitigation planning is in
section 322 of the Act, and minimum
codes and standards are in section 323
of the Act. We previously implemented
section 409 through 44 CFR Part 206,
Subpart M. Since current law now
distinguishes the planning from the
codes and standards in separate
sections, we will address them in
different sections of the CFR. We
address the new planning regulations in
Part 201 to reflect the broader relevance
of planning to all FEMA mitigation
programs, while the minimum
standards remain in Part 206, Federal
Disaster Assistance, Subpart M. The
regulations implementing the Hazard
Mitigation Grant Program are in Part
206, Subpart N. This rule also contains
changes to Subpart N, to reflect the new
planning criteria identified in section
322 of the Act.
The administration is considering
changes to FEMA's mitigation programs
in the President's Budget for FY 2003.
However, States and localities still
would be required to have plans in
effect, which meet the minimum
requirements under this rule, as a
condition of receiving mitigation
assistance afler November 1, 2003.
Implementation Strategy. States must
have an approved hazard mitigation
plan in order to receive Stafford Act
assistance, excluding assistance
provided pursuant to emergency
provisions. These regulations provide
criteria for the new two-tiered State
mitigation plan process: Standard State
Mitigation Plans, which allow a State to
receive HMGP funding based on 15
percent of the total estimated eligible
Stafford Act disaster assistance, and
Enhanced State Mitigation Plans, which
allow a State to receive HMGP funds
based on 20 percent of the total
estimated eligible Stafford Act disaster
assistance. Enhanced State Mitigation
Plans must demonstrate that the State
has developed a comprehensive
mitigation program, that it effectively
uses available mitigation funding, and
that it is capable of managing the
increased funding. All State Mitigations
Plans must be reviewed, revised, and re-
approved by FEMA every three years.
An important requirement of the
legislation is that we must approve a
completed enhanced plan before a
disaster declaration, in order for the
State to be eligible for the increased
funding.
We will no longer require States to
revise their mitigation plan after every
disaster declaration, as under former
Federal Register/Vol. 67, No. 38/Tuesday, February 26, 2002/Rules and Regulations 8845
section 409 of the Act, 42 U.S.C. 5176.
We recommend, however, that States
consider revising their plan ifa disaster
or other circmnstances significantly
afl, ct its mitigation priorities. States
with existing mitigation plans, approved
under former section 409, will continue
to be eligible for the 15 percent HMGP
funding until November 1, 2003, when
all State mitigation plans must meet the
requirements of these regnlations. If
State plans are not revised and
approved to meet the Standard State
Mitigation Plan requirements by that
time, they will be ineligible tbr Stafford
Act assistance, excluding emergency
assistance.
Indian tribal govermnents may choose
to apply directly to us for HMGP
funding, and would therefore be
responsible for having an approved
State level mitigation plan, and would
act as the grantee. If an Indian tribal
government chooses to apply for HMGP
grants through the State, they would be
responsible for having an approved
local level mitigation plan, and would
serve a§ a subgrantee accountable to the
State as grantee.
This rule also establishes local
planning criteria so that these
jurisdictions can actively begin the
hazard mitigation planning process.
This requirement is to encourage the
development of comprehensive
mitigation plans before disaster events.
Section 322 requires local governments
to have an approved local mitigation
plan to be eligible to receive an HMGP
project grant; however, this requirement
will not fully take effect until November
1, 2003. FEMA Regional Directors may
grant an exception to this requirement
in extenuating circumstances. Until
November 1, 2003, local governments
will be able to receive HMGP project
grant funds'and may prepare a
mitigation plan concurrently with
implementation of their project grant.
We anticipate that the Predisaster
Mitigation program authorized by
section 203 of the Act, 42 U.S.C. 5133,
will also support this local mitigation
planning by making funds available for
the development of comprehensive local
mitigation plans, Managing States that
we approve under new criteria
established under section 404 of the
Act, 42 U.S.C. 5170c(c), as amended by
section 204 of DMA 2000 will have
approval authority for local mitigation
plans. This provision does not apply to
States that we approved under the
Managing State program in effect before
enactment of DMA 2000.
Our goal is for State and local
governments to develop comprehensive
and integrated plans that are
coordinated through appropriate State,
local, and regional agencies, as well as
non-governmental interest groups, To
the extent feasible and practicable, we
would also like to coosolidate the
planning requirements for different
FEMA mitigation programs. This will
ensure that one local plan will meet the
minimum requirements for all of the
different FEMA mitigation programs,
such as the Flood Mitigation Assistance
Program (authorized by sections 553
and 554 of the National Flood Insurance
Reform Act of 1994, 42 U.S.C, 4104c
and 42 U.S.C. 4104d), the Community
Rating System (authorized by section
541 of the National Flood Insurance
Reform Act of 1994, 42 U.S.C. 4022), the
Pre-Disaster Mitigation Program
(authorized by section 203 of the
Stafford Act), the Hazard Mitigation
Grant Program (authorized by section
404 of the Stafford Act), and the
mitigation activities that are based upon
the provisions of section 323 and
subsections 406(b) and (e) of the
Stafford Act. The mitigation plans may
also serve to integrate documents and
plans produced under other emergency
management programs. State level plans
should identify overall goals and
priorities, incorporating the more
specific local risk assessments, when
available, and including projects
identified through the local planning
process.
Under section 322(d), up to 7 percent
of the available HMGP funds may now
be used for planning, and we encourage
States to use these funds for local plan
development, In a memorandum to
FEMA Regional Directors dated
December 21, 2000, we announced that
this provision of section 322 was
effective for disasters declared on or
after October 30, 2000, the date on
which the Disaster Mitigation Act of
2000 became law. Regional Directors are
encouraging States to make these funds
immediately available to local and
Indian tribal governments, although the
funds can be used for plan development
and review at the State level as well.
As discussed earlier in this
Supplementary Information, subsection
323(a) of the Stafford Act, 42 U.S.C.
5166(a), requires as a precondition to
receiving disaster assistance under the
Act that State and local governments, as
well as eligible private nonprofit
entities, must agree to carry out repair
and reconstruction activities "in
accordance with applicable standards of
safety, decency, and sanitation and in
conformity with applicable codes,
specifications, and standards." In
addition, that subsection authorizes the
President (FEMA, by virtue of Executive
Order 12148, as amended) to "require
safe land use and construction practices,
after adequate consultation with
appropriate State and local officials" in
the course of the use of Federal disaster
assistance by eligible applicants to
repair and restore disaster-damaged
tbcilities.
At the same ftme that we implement
the planning mandates of section 322 of
the Stafford Act, we are also
implementing the Minimum Standards
for Public and Private Structures
provision of section 323 of the Act. This
rule appears at Subpart M of Part 206 of
Title 44 of the Code of Federal
Regulatioos. As mentioned earlier, the
section 322 planning regulations are in
Part 201, while Part 206, Subpart M
includes only the minimum codes and
standards regulations mandated in
§ 323. The rule to implement § 323 of
the Act reinforces the link between pre-
disaster planning, building and
construction standards, and post-
disaster reconstruction efforts.
We encourage comments on this
interim final rule, and we will make
every effort to involve all ~nterested
parties prior to the development of the
Final Rule.
Justification for Interim Final Rule
In general, FEMA publishes a rule for
public comment before issuing a final
rule, under the Administrative
Procedure Act, 5 U.S.C. 533 and 44 CFR
1.12. The Administrative Procedure Act,
however, provides an exception from
that general rule where the agency for
good cause finds the procedures for
comment ~nd response contrary to
public interest. Section 322 of the
Stafford Act allows States to receive
increased post-disaster grant funding for
projects designed to reduce future
disaster losses, States will only be
eligible for these increased funds if they
have a FEMA-approved Enhanced State
Mitigation Plan.
This interim final rule provides the
criteria for development and approval of
these plans, as well as criteria for local
mitigation plans required by this
legislation, In order for State and local
governments to be positioned to receive
these mitigation funds as soon as
possible, these regulations must be in
effect. The public benefit of this rule
will be to assist States and communities
assess their risks and identify activities
to strengthen the larger community and
the built environment in order to
become less susceptible to disasters.
Planning serves as the vital foundation
to saving lives and protecting
properties, having integrated plans in
place can serve to both streamline
recovery efforts and lessen potential
future damages. Therefore, we believe it
is contrary to the public interest to delay
8846 Federal Register / Vol. 67, No. 38 / Tuesday, February 26, 2002/Rules and Regulations
the benefits of this rule. In accordance
with the Administrative Procedure Act,
5 U.S.C. 553(d)(3), ~a,e find that there is
good cause for the interim final rule to
take effect immediately upon
publication in the Federal Register in
order to meet the needs of States and
communities by identifying criteria for
mitigation plans in order to redoce risks
nationwide, establish criteria for
minimum (:odes and standards in post-
disaster reconstruction, and to allow
States to adjust their mitigation plans to
receive the increase in mitigation
funding.
In addition, we believe that. under the
circumstances, delaying the effective
date of this rule until after the comment
period would not further the public
interest. Prior to this rulemaking, FEMA
hosted a meeting where interested
parties provided comments and
suggestions on how we could
implement these planning requirements.
Participants in this meeting included
representatives from the National
Emergency Management Association,
the Association of State Floodplain
Managers, the National Governors'
Association, the International
Association of Emergency Managers, the
National Association of Development
Organizations, the American Public
Works Association, the National League
of Cities, the National Association of
Counties, the National Conference of
State Legislatures, the International
City/County Management Association,
and the Bureau of Indian Affairs. We
took comments and suggestions
provided at this meeting into account in
developing this interim final rule.
Therefore, we find that prior notice and
comment on this rule would not further
the public interest. We actively
encourage and solicit comments on this
interim final rule from interested
parties, and we will consider them in
preparing the final rule. For these
reasons, we believe we have good cause
to publish an interim final rule.
National Environmental Policy Act
44 CFR 10.8(d)(2)(ii) excludes this
rule from the preparation of an
environmental assessment or
environmental impact statement, where
the rule relates to actions that qualify for
categorical exclusion under 44 CFR
10.8(d)(2)(iii), such as the development
of plans under this section,
Executive Order 12866, Regulatory
Planning and Review
We have prepared and reviewed this
rule under the provisions of E.O. 12866.
Regulatory Planning and Review. Under
Executive Order 12866, 58 FR 51735,
October 4, 1993, a significant regulatory
action is subject to OMB review aod the
requirements of the Executive Order.
The Execufive Order defines
"significant regulatory action" as one
that is likely to result in a rule that may:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President's priorities, or the principles
set forth in the Executive Order.
The purpose of this rule is to
implement section 322 of the Stafford
Act which addresses mitigation
planning at the State. tribal, and local
levels, identifies new local planning
requirements, allows Hazard Mitigation
Grant Program (HMGP) funds for
planning activities, and increases the
amount of HMGP funds available to ·
States that develop a comprehensive,
enhanced mitigation plan. The rule
identifies local mitigation planning
requirements before approval of project
grants, and requires our approval of an
Enhanced State Mitigation plan as a
condition for increased mitigation
funding. The rule also implements
section 323 of the Stafford Act, which
requires that repairs or construction
fimded by disaster loans or grants must
comply with applicable standards and
safe land use and construction practices.
As such the rule itself will not have an
effect on the economy of more than
$100,000,000.
Therefore, this rule is a significant
regulatory action and is not an
economically significant rule under
Executive Order 12866. The Office of
Management and Budget (OMB) has
reviewed this rule under Executive
Order 12866,
Executive Order 12898, Environmental
Justice
Under Executive Order 12898, Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994, we incorporate
environmental justice into our policies
and programs. The Executive Order
requires each Federal agency to conduct
its programs, policies, and activities that
substantially affect human health or the
environment, in a manner that ensures
that those programs, poficies, and
activities do not have the effect of
excluding persons from p.articipation in
our programs, denying persons the
benefits of our programs, or subjecting
persons to discrimination because of
their race, color, or national origin.
No action that we can anticipate
under the final rule will have a
disproportionately high or adverse
human health and environmental effect
on any segment of the population.
Section 322 focuses specifically on
mitigation planning to: Identify the
natural hazards, risks, and
vulnerabifities of areas in States,
localities, and tribal areas; support
development of local mitigatien plans;
provide for technical assistance to local
and tribal governments for mitigation
planning; and identify and prioritize
mitigation actions that the State will
support, as resources become available.
Section 323 requires compliance with
applicable codes and standards in repair
and construction, and use of sate land
use and construction standards.
Accordingly, the requirements of
Executive Order 12898 do not apply to
this interim final rule.
Paperwork Reduclion Act of 1995
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C,
3507(d)) and concurrent with the
publication of this interim final rule, we
have submitted a request for review and
approval of a new collection of
information, which is contained in this
interim final rule. Under the Paperwork
Reduction Act of 1995, a person may
not be penalized for failing to comply
with an information collection that does
not display a currently valid Office of
Management and Budget (OMB) control
number. The request was submitted to
OMB for approval under the emergency
processing procedures in OMB
regulation 5 CFR 1320.1. OMB has
approved this collection of information
for use through August 31, 2002, under
OMB Number 3067-0297.
We expect to follow this emergency
request with a request for OMB approval
to continue the use of the collection of
information for a term of three years,
The request will be processed under
OMB's normal clearance procedures in
accordance with provisions of OMB
regulation 5 CFR 1320.10. To help us
with the timely processing of the
emergency and normal clearance
submissions to OMB, we invite the
general public to comment on the
collection of information. This notice
and request for comments complies
with the provisions of the Paperwork
Federal Register / Vol. 67, No. 30 / Tuesday, February 26, 2002 / Rules and Regulations 11847
Reduction Act of 1995 (44 U.S.C.
3506(c)(2)(A1).
Collection of Information
Title: State/Local/Tribal Hazard
Mitigation Plans under Section 322 of
the Disaster Mitigation Act of 2000.
Abstract: Section 322 of the Robert T.
Stafford Disaster Relief and Emergency
Assistant Act, as amended by Section
104 of the Disaster Mitigation Act of
2000, provides new and revitalized
approaches to mitigation planning. To
obtain Federal assistance, new planning
provisions require that each state, local,
and tribal government prepare a hazard
mitigation plan to include sections that
describe the planning process, an
assessment of the risks, a mitigation
strategy, and identification of the plan
maintenance and updating process. The
Act provides a framework for linking
pre- and post-disaster mitigation
planning and initiatives with public and
private interests to ensure an integrated,
comprehensive approach to disaster loss
reductloo. Under Section 322 there is a
two-tiered State mitigation plan process.
State mitigation plans must be
reviewed, revised, and submitted to us
every 3 years.
(1) A Standard State Mitigation Plan
must be approved by us in order for
States to be eligible to receive Hazard
Mitigation Grant Program (HGMP)
funding based on 15 percent of the total
estimated eligible Federal disaster
assistance. This plan demonstrates the
State's goals, priorities, and
commitment to reduce risks from
natural hazards and serves as a guide for
State and local decision makers as they
commit resources to reducing the effects
of natural hazards.
(2) An Enhanced State Mitigation
Plan must be approved by us for a State
to be eligible to receive HMGP funds
based on 20 percent of the total
estimated eligible Federal disaster
assistance. This plan mast be approved
by us within the 3 years prior to the
current maior disaster declaration. It
must demonstrate that a State has
developed a comprehensive mitigation
program, is efl'ectively osing available
mitigation funding, and is capable of
managing the increased funding.
To be eligible to receive HMGP
project grants, local governments nmst
develop Local Mitigation Plans that
include a risk assessment and mitigation
strategy to reduce potential losses and
target resources. Plans must be
reviewed, revised, and submitted to us
for approval every 5 years.
To receive HMGP project grants, tribal
governments may apply as a grantee or
s~ubgrantee, and will be required to meet
the planning requirements of a State or
local government.
Estimated Totcd Annual Burden:
Type of coitection/forms No. of re- Houm per re- Annual burder
spondents sponse hours
Update state or tribal mitigation plans (standard state mitigation plans) .................................... 18 320 5,76(
State review of local plans .......................................................................................................... 500 local 8 4,00(
plans
States develop Enhanced State Mitigation Plans ....................................................................... 7 100 70(
Local or tribal governments develop mitigation plans ................................................................. 500 local 300 150,00(
plans
Total burden ......................................................................................................................................................................... 160,46(
Comments: We are soliciting written
comnmnts to: (a) Evaluate whether the
proposed data collection is necessary for
the proper performance of the agency,
including whether the information shall
have practical utility; (b) evaluate the
accuracy of the agency's estimate of the
burden of the proposed collection of
information; (c) obtain
recommendations to enhance the
quality, utility, and clarity of the
information to be collected; and (d)
evaluate the extent to which automated,
electronic, mechanical, or other
technological collection techniques may
further reduce the respondents' burden.
FEMA will accept comments through
April 29, 2002.
Addressee: Interested persons should
submit written comments to Muriel B.
Anderson, Chief, Records Management
Section, Program Services and Systems
Branch, Facilities Management and
Services Division, Administration and
Resource Planning Directorate, Federal
Enmrgency Management Agency, 500 C
Street, Street, SW., Washington, DC
20472.
FOR FURTHER INFORMATION CONTACT: You
may obtain copies of the OMB
paperwork clearance package by
contacting Ms. Anderson at (202) 646-
2625 (voice), (202) 646-3347 (facsimile),
or by e-mail at
muriel.anderson@fema.gov.
Executive Order 13132, Federalism
Executive Order 13132, Federalism,
dated August 4, 1999, sets forth
principles and criteria that agencies
must adhere to in formulating and
implementing policies that have
federalism implications, that is,
regulations that have substantial direct
efi~cts on the States, or on the
distribution of power and
responsibilities among the various
levels of government. Federal agencies
must closely examine the statutory
authority supporting any action that
would limit the policymaking discretion
of the States, and to the extent
practicable, must consult with State and
local officials before implementing any
such action.
We have reviewed this rule under
E.O.13132 and have concluded that the
rule does not have federalism
implications as defined by the Executive
Order. We have determined that the rule
does not significantly affect the rights,
roles, and responsibilities of States, and
involves no preemption of ~tate law nor
does it limit State policymaking
discretion.
However, we have consulted with
State and local officials. In order to
assist us in the development of this rule,
we hosted a meeting to allow interested
parties an oppodunity to provide their
perspectives on the legislation and
options for implementation of § 322.
Stakeholders who attended the meeting
included representatives from the
National Emergency Management
Association, the Association of State
Floodplain Managers, the National
Governors' Association, the
International Association of Emergency
Managers, the National Association of
Development Organizations, the
American Public Works Association, the
National League of Cities, the National
Association of Counties, the National
Conference of State Legislatures, the
International City/County Management
Association, and the Bureau of Indian
Affairs. We received valuable input
from all parties at the meeting, which
we took into account in the
development of this rule. Additionally,
we actively encourage and solicit
comments on this interim final rule
from interested parties, and we will
11848 Federal Register/Vol. 67, No. 38/Tuesday, February 26, 2002/Rules and Regulations
consider them in preparing the final
rule.
Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
We have reviewed this interim final
rule under Executive Order 13175,
which became eft~ctive on February 6,
2001. Under the Hazard Mitigation
Grant Program (HMGP), Indian triba~
governments will have the option to
apply tbr grants directly to us and to
serve as *'grantee", carrying out "State"
roles. If they choose this option, tribal
governments may submit either a State-
level Standard Mitigation Plan for the
15 percent HMGP funding or a State-
level Enhanced Mitigation Plan for 20
percent HMGP funding. In either case,
Indian tribal governments would be able
to spend up to 7 percent of those funds
on planning. Before developing this
rule, we met with representatives from
State and local governments and the
Bureau of Indian Affairs, to discuss the
new planning opportunities and
requirements of § 322 of the Stafford
Act. We received valuable input from all
parties, which helped us to develop this
interim final rule,
In reviewing the interim final rule, we
find that it does not have "tribal
implications" as defined in Executive
Order 13175 because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
Moreover, the interim final rule does
not impose substantial direct
compliance costs on tribal governments,
nor does it preempt tribal law, impair
treaty rights or limit the self-governing
powers of tribal governments.
Congressional Review of Agency
Rulemaking
We have sent this interim final rule to
the Congress and to the General
Accounting Office under the
Congressional Review of Agency
Rulemaking Act, Public Law 104-121.
The rule is a not "major rule" within the
meaning of that Act. It is an
administrative action in support of
normal day-to-day mitigation planning
activities required by section 322 and
compliance under section 323 of the
Stafford Act, as enacted in DMA 2000.
The rule will not result in a major
increase in costs or prices for
consumers, individual industries,
Federal, State, or local government
agencies, or geographic regions. It will
not have "significant adverse effects" on
competition, employment, investment,
productivity, innovation, or on the
ability of United States-based
enterprises to compete with foreign-
based enterprises, This final rule is
subject to the information collection
requirements of the Paperwork
Reduction Act, and OMB has assigned
Control No. 3067-0297. The rule is not
an unfunded Federal mandate within
the meaning of the Unfunded Mandates
Reform Act of 1995, Public Law 104-4,
and any enforceable duties that we
impose are a condition of Federal
assistance or a duty arising from
participation in a voluntary Federal
program.
List of Subjects in 44 CFR Part 201 and
Part 206
Administrative practice aud
procedure, Disaster assistance, Grant
programs, Mitigation planning,
Reporting and recordkeeping
requirements.
Accordingly, Amend 44 CFR,
Subchapter D--Disaster Assistance, as
follows:
1. Add Part 201 to read as follows:
PART 201--MITIGATION PLANNING
Sec.
201.1 Purpose.
201.2 Definitions.
201.3 Responsibilities.
201.4 Standard State Mitigation Plans.
201.5 Enhanced State Mitigation Plans.
201.6 Local Mitigation Plans.
Authority: Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42
U.$.C. 5121-5206; Reorganization Plan No. 3
of 1978, 43 FR 41943, 3 CFR, 1978 Comp.,
p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979
Comp., p. 376; E.O. 12148, 44 FR 43239, 3
CFR, 1979 Comp., p. 412; and E.O. 12673, 54
FR 12571, 3 CFR, 1989 Comp., p. 214.
§201.1 Purpose.
(a) The purpose of this part is to
provide information on the polices and
procedures for mitigation planning as
required by the provisions of section
322 of the Staftbrd Act, 42 U.S.C. 5165.
(b) The purpose of mitigation
planning is for State, local, and Indian
tribal governments to identify the
natural hazards that impact them, to
identify actions and activities to reduce
any losses from those hazards, and to
establish a coordinated process to
implement the plan, taking advantage of
a wide range of resources.
§201.2 Definitions.
Grantee means the government to
which a grant is awarded, which is
accountable for the use of the funds
provided. The grantee is the entire legal
entity even if only a particular
component of the entity is designated in
the grant award document, Generally,
the State is the grantee. However, after
a declaration, an Indian tribal
government may choose to be a grantee,
or may act as a subgrantee under the
State. An Indian tribal government
acting as grantee will assume the
responsibilities of a "state", as
described in this part, for the purposes
of admiuistering the grant.
Hazard mitigation means any
sustained action taken to reduce or
eliminate the long-term risk to human
life and property from hazards,
Hazard Mitigation Grant Program
means the program authorized under
section 404 of the Stafford Act, 42 U'.S.C
5170c and implemented at 44 CFR Part
206, Subpart N, which authorizes
funding for certain mitigation measures
identified through the evaluation of
natural hazards conducted under
section 322 of the Stafford Act 42 U.S.C
5165.
Indian tribal government means any
Federally recognized governing body of
an Indian or Alaska Native tribe, band,
nation, pueblo, village, or community
that the Secretary of Interior
acknowledges to exist as an Indian tribe
under the Federally Recognized Tribe
List Act of 1994, 25 U.S.C. 479a. This
does not include Alaska Native
corporations, the ownership, of which is
vested in private individuals.
Local government is any county,
municipality, city, town, township,
public authority, school district, special
district, intrastate district, council of
governments (regardless of whether the
council of governments is incorporated
as a nonprofit corporation under State
law), regional or interstate government
entity, or agency or instrumentality of a
local government; any Indian tribe or
authorized tribal organization, or Alaska
Native village or organization; and any
rural community, unincorporated town
or village, or other public entity.
Managing State means a State to
which FEMA has delegated the
authority to administer and manage the
HMGP under the criteria established by
FEMA pursuant to 42 U.S.C. 5170c(c).
FEMA may also delegate authority to
tribal governments to administer and
manage the HMGP as a Managing State.
Regional Director is a director of a
regional office of FEMA, or his/her
designated representative..
Small and impoverished commenities
means a community of 3,000 or fewer
individuals that is identified by the
State as a rural community, and is not
a remote area within the corporate
boundaries of a larger city; is
economically disadvantaged, by having
an average per capita annual income of
residents not exceeding 80 percent of
national, per capita income, based on
Federal Register/Vol. 67~ No. 38/TueSday, February 26~ 2002/Rules and Regulations 8849
best available data; the local
nnemployment rate exceeds by one
percentage point or more, the most
recently reported, average yearly
national unemployment rate; and any
other t~ctors identified in the State Plan
in which the community is located.
The Staffm'd Act rei~rs to the Robert
T. Stafford Disaster Relief and
Emergency Assistance Act, Public Law
93-288, as amended (42 U.S.C. 5121-
52O6).
State is any State of the United States,
the District of Columbia, Puerto Rico,
the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the
Northern Mariana Islauds.
State Hazard Mitigation Officer is the
official representative of State
government who is the primary point of
contact with FEMA, other Federal
agencies, and lad, al governments in
mitigation planning and
implementation of mitigation programs
and activities required under the
Stafford Act.
Subgrantee means the government or
other legal entity to which a subgrant is
awarded and which is accountable to
the grantee for the use of the funds
provided. Subgrantees can be a State
agency, local government, private non-
profit organizations, or Indian tribal
government. Indian tribal governments
acting as a subgrantee are accountable to
the State grantee.
§ 201.3 Responsibilities.
(a) General. This section identifies the
key responsibilities of FEMA, States,
and local/tribal governments in carrying
out section 322 of the Stafford Act, 42
U.S.C. 5165.
(b) FEMA. The key responsibilities of
the Regional Director are to:
(1) Oversee all FEMA related pre- and
post-disaster hazard mitigation
programs and activities;
(2) Provide technical assistance and
training to State, local, and Indian tribal
governments regarding the mitigation
planning process;
(3) Review and approve all Standard
and Enhanced State Mitigation Plans;
(4) Review and approve all local
mitigation plans, unless that authority
has been delegated to the State in
accordance with § 201.6(d);
(5) Conduct reviews, at least once
every three years, of State mitigation
activities, plans, and programs to ensure
that mitigation commitments are
fulfilled, and when necessary, take
action, including recovery of fiLnds or
denial of future funds, if mitigation
commitments are not fulfilled.
(c) State. The key responsibilities of
the State are to coordinate all State and
local activities relating to hazard
evaluation and mitigation and to:
(1) Prepare and submit to FEMA a
Standard State Mitigation Plan
following the criteria established in
§ 201.4 as a condition of receiving
Stafford Act assistance (except
emergency assistance).
(2) In order to be considered for the
20 percent HMGP ftmding, prepare and
submit an Enhanced State Mitigation
Plan in accordance with § 201,5, which
must be reviewed and updated, if
necessary, every three years from the
date of the approval of the previoos
plan.
(3) At a minimum, review and, if
necessary, update the Standard State
Mitigation Plan by November 1, 2003
and every three years from the date of
the approval of the previous plan in
order to continue program eligibility.
(4) Make available the use of up to the
7 percent of HMGP funding for planning
in accordance with § 206.434.
(5) Provide technical assistance and
training to local governments to assist
them in applying for HMGP planning
grants, and in developing local
mitigation plans.
(6) For Managing States that have
been approved under the criteria
established by FEMA pursuant to 42
U.S.C. 5170c(c), review and approve
local mitigation plans in accordance
with § 201.6(d).
(d) Local governments, The key
responsibilities of local governments are
to:
(1) Prepare and adopt a jurisdiction-
wide natural hazard mitigation plan as
a condition of receiving project grant
funds under the HMGP, in accordance
with § 201.6.
(2) At a minimum, review and, if
necessary, update the local mitigation
plan every five years from date of plan
approval to continue program eligibility.
(e) Indian tribal governments. Indian
tribal governments will be given the
option of applying directly to us for
Hazard Mitigation Grant Program
funding, or they may choose to apply
through the State. If they apply directly
to us, they will assume the
responsibilities of the State, or grantee,
and if they apply through the State, they
will assume the responsibilities of the
local government, or subgrantee.
§201.4 Standard State Mitigation Plans.
(a) Plan requirement. By November 1,
2003, States must have an approved
Standard State Mitigation plan meeting
the requirements of this section, in
order to receive assistance under the
Stafford Act, although assistance
authorized under disasters declared
prior to November 1, 2003 will continue
to be made available. In auy case,
emergency assistance provided under 42
U.S.C. 5179a, 5179b, 5173, 5174, 5177,
5179, 5180, 5182, 5183, 5184, 5192 will
not be aft~cted. The mitigation I~lan is
the demonstration of the State's
commitment to reduce risks from
natural hazards and serves as a guide for
State decision makers as they commit
resources to reducing the effects of
natural hazards. States may choose to
include the requirements of the HMGP
Administrative Plan in their mitigation
plan.
(b) Planning process. An effective
planning process is essential in
developing and maintaining a good
plan. The mitigation planning process
should include coordination with other
State agencies, appropriate Federal
agencies, interested groups, and be
integrated to the extent possible with
other ongoing State planning efforts as
well as other FEMA mitigation programs
and initiatives.
(c) Plan content. To be effective the
plan must include the following
elements:
(1) Description of the planning
process used to develop the plan,
including how it was prepared, who
was involved in the process, and how
at. her agencies participated. .
(2) Risk assessments that provide the
factual basis for activities proposed in
the strategy portion of the mitigation
plan. Statewlde risk assessments must
characterize and analyze natural
hazards and risks to provide a statewide
overview. This overview will allow the
State to compare potential losses
throughout the State and to determine
their priorities for implementing
mitigation measures under the strategy,
and to prioritize jurisdictions for
receiving technical and financial
support in developing more detailed
local risk and vulnerability assessments.
The risk assessment shall include the
following:
ti) An overview of the type m~d
location of all natural hazards that can
affect the State, including information
on previous occurrences of hazard
events, as well as the probability of
fnture hazard events, using maps where
appropriate;
(ii) An overview and analysis of the
State's vulnerability to the hazards
described in this paragraph (c)(2), based
on estimates provided in local risk
assessments as well as the State risk
assessment. The State shall describe
vulnerability in terms of the
jurisdictions most threatened by the
identified hazards, and most vulnerable
to damage and loss associated with
hazard events. State owned critical or
operated facilities located in the
8850 Federal Register/Vol. 67, No. 38/Tuesday, February 26, 2002/Rules and Regulations
identified hazard areas shall also be
addressed;
(iii) An overview and analysis of
potential losses to tile identified
vulnerable structures, based on
estimates provided in local risk
assessments as well as the State risk
assessment. The State shall estimate the
potential dollar losses to State owned or
operated buildiugs, infrastructnre, and
critical tbcihfies located in the
identified hazard areas,
(3] A Mitigation Strategy that provides
the State's blueprint for reducing the
losses identified in the risk assessment.
This section shall include:
(i) A description of State goals to
guide the selection of activities to
mitigate and reduce potential l,osses,
(ii) A discussion of the State s pre-
and post-disaster hazard management
policies, programs, and capabilities to
mitigate the hazards in the area,
including: an evaluation of State laws,
regulations, policies, and programs
related to hazard mitigation as well as
to development in hazard-prone areas; a
discussion of State funding capabilities
for hazard mitigation projects; and a
general description and analysis of the
effectiveness of local mitigation
policies, programs, and capabilities.
(iii) An identification, evaluation, and
prioritization of cost-effective,
environmentally sound, and technically
t;sasible mitigation actions and activities
tbe State is considering and an
explanation of how each activity
contributes to the overall mitigation
strategy. This section should be linked
to local plans, where specific local
actions and I~rojects are identified,
(ix,] Identification of current and
potential sources of Federal, State, local,
or private funding to implement
mitigation activities.
(4) A section on the Coordination of
Local Mitigation Planning that includes
file tbllowing:
(i) A description of the State process
to support, through funding and
tecbnical assistance, the development of
local mitigation plans.
(ii) A description of the State process
and 6meframe by which the local plans
will be reviewed, coordinated, and
[ieked to the State Mitigation Plan.
(iii) Criteria for prioritizing
communities and local jurisdictions that
wmdd receive planning and project
grants under available funding
programs, whk:h should include
consideration for communities with the
bighest risks, repetitive loss properties,
and most intense development
pressures. Further, that for non-
plmming grants, a principal criterion for
prioritizing grants shall be the extent to
which benefits are maximized according
to a cost benefit review of proposed
projects and their associated costs.
(5) A Plan Maintenance Process that
includes:
(i) An establisbed method and
schedule for monitoring, evaluating, and
updating the plan.
(ii) A system for monitoring
implementation of mitigation measures
aad project closeouts.
(iii) A system for reviewing progress
on achieving goals as well as activities
and proiects identified in the Mitigation
Strategy.
(6) A Plan Adoption Process, The plan
must be formally adopted by the State
prior to submittal to us for final review
and approval.
(7) Assurances. The plan must
include assurances that the State will
comply with all applicable Federal
statutes and regulations in effect with
respect to the periods for which it
receives grgnt funding, in compliance
with 44 CFR 13.11(c). The State will
amend its plan whenever necessary to
reflect changes in State or Federal laws
and statutes as required in 44 CFR
13.11(d).
(d) Review and updates. Plan must be
reviewed and revised to reflect changes
in development, progress ih statewide
mitigation efforts, and changes in
priorities and resubmitted for approval
to the appropriate Regional Director
every three years. The Regional review
will be completed within 45 days after
receipt from the State, whenever
possible. We also encourage a State to
review its plan in the post-disaster
timeframe to reflect changing priorities,
but it is not required.
§201.5 Enhanced State Mitig~ion Plans.
(a) A State with a FEMA approved
Enhanced State Mitigation Plan at the
time of a disaster declaration is eligible
to receive increased funds under the
HMGP, based on twenty percent of the
total estimated eligible Stafford Act
disaster assistance. The Enhanced State
Mitigation Plan must demonstrate that a
State has developed a comprehensive
mitigation program, that the State
effectively uses available mitigation
funding, and that it is capable of
managing the increased funding. In
order for the State to be eligible for the
20 percent HMGP funding, FEMA must
have approved the plan within three
years prior to the disaster declaration.
(b) Enhanced State Mitigation Plans
must include all elements of the
Standard State Mitigation Plan
identified in § 201.4, as well as
document the following:
(1) Demonstration that the plan is
integrated to the extent practicable with
other State and/or regional planning
initiatives (comprehensive, growth
management, economic develo?ment,
capital improvement, land
development, and/or emergency
management plans) and FEMA
mitigation programs and initiatives that
provide guidance to State and regional
agencies.
(2) Documentation of the State's
project implementation capability,
identifying and demonstrating the
ability to implement the plan,
including:
(i) Established eligibility criteria tbr
multi-hazard mitigation measures.
(ii) A system to determine the cost
effectiveness of mitigation measures,
consistent with OMB Circular A-94,
Guidelines and Discount Rates for
Benefit-Cost Analysis of Federal
'Programs, and to rank the measures
according to the State's eligibility
criteria.
(iii) Demonstration that the State has
the capability to effectively manage the
HMGP as well as other mitigation grant
programs, including a record of the
following:
(A) Meeting HMGP and other
mitigation grant application fimeframes
and submitting complete, technically
feasible, and eligible project
applications with appropriate
supporting documentatiofi;
(B) Preparing and submitting accurate
environmental reviews and benefit-cost
analyses;
(Ci Submitting complete and accurate
quarterly progress and financial reports
on time; and
(D) Completing HMGP and other
mitigation grant projects within
established performance periods,
including financial reconciliation.
(iv) A system and strategy by which
the State will conduct an assessment of
the completed mitigation actions and
include a record of the effectiveness
(actual cost avoidance) of each
mitigation action.
(3) Demonstration that the State
effectively uses existing mitigation
programs to achieve its mitigation goals.
(4) Demonstration that the State is
committed to a comprehensive state
mitigation program, which might
include any of the following:
(i) A commitment to support local
mitigation planning by providing
workshops and training, State planning
grants, or coordinated capability
development of local officials, including
Emergency Management and Floodplain
Management certifications.
(ii) A statewide program of hazard
mitigation through the development of
legislative initiatives, mitigation
councils, formation of public/private
Federal Register/Vol. 67, No. 38/Tuesday, February 26, 2002/Rules and Regulations 8851
partuerships, and/or other executive
actions that promote bazard mitigation.
(iii) The State provides a portion of
the non-Federal match for HMGP and/
or other mitigation projects.
(iv) To the extent al[owed by State
law, the State requires or encourages
local governments to use a current
version of a nationally applicable model
building code or standard that addresses
natnral hazards as a basis for design and
construction of State sponsored
mitigation projects,
(v) A comprehensive, multi-year plan
to mitigate the risks posed to existing
buildings that have been identified as
necessary for post-disaster response and
recovery operations.
(vi) A comprehensive description of
how the State integrates mitigation into
its post-disaster recovery operations.
(c) Review and updates. (1) A State
must review and revise its plan to
reflect changes in development,
progress in statewide mitigation efforts,
and changes in priorities, and resubmit
it for approval to the appropriate
Regional Director every three years· The
Regional review will be completed
within 45 days after receipt from the
State, whenever possible.
(2) In order for a State to be eligible
tbr the 20 percent HMGP funding, the
E. nhanced State Mitigation plan must be
approved by FEMA within the three
years prior to the current major disaster
declaration.
§ 201.6 Local Mitigation Plans.
The local mitigation plan is the
representation of the jurisdiction's
commitment to reduce risks from
natural hazards, serving as a guide for
decision makers as they commit
resources to reducing the effects of
natural hazards. Local plans will also
serve as the basis for the State to
provide technical assistance and to
prioritize project funding.
(a) P]an requirement. (1) For disasters
declared after November 1, 2003, a local
government must have a mitigation plan
approved pursuant to this section in
order to receive HMGP project grants.
Until November 1, 2003, local
mitigation plans may be developed
concurrent with the implementation of
the project grant.
(2) Regional Directors may grant an
exception to the plan requirement in
extraordinary circumstances, such as in
a small and impoverished community,
when justification is provided. In these
cases, a plan will be completed within
12 months of the award of the project
grant. If a plan is not provided within
this timeframe, the project grant will be
terminated, and any costs incurred after
notice of grant's termination will not be and a description of the methodology
reimbursed by FEMA.
(3) Muhi-jurisdictional plans (e,g.
watershed plans) may be accepted, as
appropriate, as long as each jurisdiction
has participated in the process and has
officially adopted the plan. State-wide
plans will not be accepted as multi-
jurisdictional plans.
(b) Planning process. An open public
involvement process is essential to the
development of an eftbctive plan. In
order to develop a more comprehensive
approach to reducing the effects of
natural disasters, the planning process
shall include:
(1) An opportuni!y for the public to
comment on the plan during the
drafting stage and prior to plan
approval; ·
(2) An opportunity for neighboring
communities, local and regional
agencies involved in hazard mitigation
activities, and agencies that have the
authority to regulate development, as
well as businesses, academia and other
private and non-profit interests to be
involved in the planning process; and
(3) Review and incorporation, if
appropriate, of existing plans, studies,
reports, and technical information.
(c) Plan content. The plan shall
include the following:
(1) Documentation of the planning
process used to develop the plan,
including how it was prepared, who
was involved in the process, and how
the public was involved.
(2) A risk assessment that provides
the factual basis for activities proposed
in the strategy to reduce losses f¥om
identified hazards. Local risk
assessments must provide sufficient
information to enable the jurisdiction to
identify and prioritize appropriate
mitigation actions to reduce losses from
identified hazards. The risk assessment
shall include:
(i) A description of the type, location,
and extent of all natural hazards that
can affect the jurisdiction. The plan
shall include information on previous
occurrences of hazard events and on the
probability of future hazard events.
(ii} A description of the jurisdiction's
vulnerability to the hazards described in
paragraph (cJ(2)(i) of this section. This
description shall include an overall
summary of each hazard and its impact
on the community. The plan should
describe vulnerability in terms of:
(A) The types and numbers of existing
and future buildings, infrastructure, and
critical facilities located in the
identified hazard areas;
(B) An estimate of the potential dollar
used to prepare the estimate;
(C) Providing a general description of
land uses and development trends
within the community so that mitigation
options can be considered in futnre land
use decisions·
(iii) For multi-jurisdictional plans, the
risk assessment section must assess each
jurisdiction's risks where they varv t¥om
the risks facing the entire planning area.
(3) A mitigation strategy that provides
the jurisdlction's blueprint for reducing
the potential losses identified in the risk
assessment, based on existing
authorities, policies, programs and
resources, and its ability to expand on
and improve these existing tools. This
section shall include:
(i) A description of mitigation goals to
reduce or avoid long-term
vulnerabifities to the identified hazards.
(ii) A section that identifies and
analyzes a comprehensive range of
specific mitigation actions and projects
being considered to reduce the.effects of
each hazard, with particular emphasis
on new and existing buildings and
infrastructure.
(iii) An action plan describing how
the actions identified in paragraph
(c)(2)(ii) of this section will be
prioritized, implemented, and
administered by the local jurisdiction.
Prioritization shall include a special
emphasis on the extent to which
benefits are maximized according to a
cost benefit review of the proposed
projects and their associated costs.
(iv) For multi-jurisdictional plans,
there must be identifiable action items
specific to the jurisdiction requesting
FEMA approval or credit of the plan.
(4) A plan maintenance process that
includes:
(i) A section describing the method
and schedule of monitoring, evaluating,
and updating the mitigation plan within
a five-year cycle.
(ii) A process by which local
governments incorporate the
requirements of the mitigation plan into
other planning mechmfisms such as
comprehensive or capital improvement
plans, when appropriate·
(iii) Discussion on how the
community will continue public
participation in the plan maintenance
process,
(5) Documentation that the plan has
been formally adopted by the governing
body of the jurisdiction requesting
approval of the plan (e.g., City Council,
County Commissioner, Tribal Council).
For multi-jurisdictional plans, each
jurisdiction requesting approval of the
losses to vulnerable structures identified plan must document that it has been
in paragraph (c)(2)(i)(A) of this section formally adopted.
8852 Federal Register/Vol. 67, No. 38/Tuesday, February 26, 2002/Rules and Regulations
(d) Plan review. (1) Plans must be
submitted to the State Hazard.Mitigation
Officer for initial review and
coordination. The State will then send
the plan to the appropriate FEMA
Regional OtIice tbr formal review and
approval.
(2) The Regional review will be
completed within 45 days after receipt
from the State, whenever possible.
(3) Plans must be reviewed, revised if
appropriate, and resubmitted for
approval within five years in order to
continue to be eligible for HMGP project
grant funding.
(4) Managing States that have been
approved under the criteria established
by FEMA pursuant to 42 U.S.C. 5170c(c)
will be delegated approval authority tbr
local mitigation plans, and the review
will be based on the criteria in this part.
Managing States will review the plans
'within 45 days of receipt of the plans,
whenever possible, and provide a copy
of the approved plans to the Regional
Office.
PART 206--FEDERAL DISASTER
ASSISTANCE FOR DISASTERS
DECLARED ON OR AFTER
NOVEMBER 23, 1988
2. The authority citation for part 206
is revised to read as follows:
Authority: Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42
U.S.C. 5121-5206; Reorganization Plan No. 3
of 1978, 43 FR 41943, 3 CFR, 1978 Comp.,
p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979
Comp., p. 376; E.O. 12148, 44 FR 43239, 3
CFR, 1979 Comp., p. 412; and E.O. 12673, 54
FR 12571, 3 CFR, 1989 Comp.. p. 214.
2a. Revise Part 2(16. Subpart M to read
as follows:
Subpart M--Minimum Standards
206.400 General.
206.401 Local standards.
206.402 Compliance.
§ 206.400 General.
(a) As a condition of the receipt of any
disaster assistance under the Stafford
Act, the applicant shall carry out any
repair or construction to be financed
with the disaster assistance in
accordance with applicable standards of
safety, decency, and sanitation and in
conformity with applicable codes,
specifications and standards.
lb) Applicable codes, specifications,
and standards shall include any disaster
resistant building code that meets the
minimum requirements of the National
Flood Insurance Program (NFIP) as well
as being substantially equivalent to the
recommended provisions of the
National Earthquake Hazards Reduction
Program (NEHRP). In addition, the
applicant shall comply with any
requirements necessary in regards to
Executive Order 11988, Floodplain
Managemeut, Executive Order 12699,
Seismic Safety of Federal and Federally
Assisted or Regulated New Building
Construction, and any other applicable
Executive orders.
(c) In situatious where there are no
locally applicable standards of safety,
decency and sanitation, or where there
are no applicable local codes,
specifications and standards governing
repair or construction activities, or
where the Regional Director determines
that otherwise applicable codes,
specifications, and standards are
inadequate, then the Regional Director
may, alter consultation with appropriate
State and local officials, require the use
of nationally applicable codes,
specifications, and standards, as well as
safe land use and construction practh:es
in the course of repair or construction
activities.
(d) The mitigation planning process
that is mandated by section 322 of the
Stafford Act and 44 CFR part 201 can
assist State and local governments in
determining where codes,
specifications, and standards are
inadequate, and may need to be
upgraded.
§ 206.401 Local standards.
The cost of repairing or constructing
a facility in conformity with minimum
codes, specifications and standards may
be eligible for reimbursement under
section 406 of the Stafford Act, as long
as such codes, specifications and
standards meet the criteria that are
listed at 44 CFR 206.226(b).
§206.402 Compliance.
A recipient of disaster assistance
under the Stafford Act must document
for the Regional Director its compliance
with this subpart following the
completion of any repair or construction
activities.
Subpart N--Hazard Mitigation Grant
Program
3. Revise § 206.431 to read as follows:
§ 206.431 Definitions.
Activity means any mitigation
measure, project, or action proposed to
reduce risk of future damage, hardship,
loss or suffering from disasters.
Applicant means a State agency, local
government, Indian tribal government,
or eligible private nonprofit
organization, submitting an application
to the grantee for assistance under the
HMGP.
Enhanced State Mitigation Plan is the
hazard mitigation plan approved under
44 CFR part 201 as a condition of
receiving increased funding under the
HMGP.
Grant application means the request
to FEMA tbr HMGP funding, as outlined
in § 206.436, by a State or tribal
government that will act as grantee.
Grant award means total of Federal
and non-Federal contributions to
complete the approved scope of work.
Grantee means the government to
which a grant is awarded and which is
accountable for the use of the thnds
provided. The grantee is the entire legal
entity even if only a particular
component of the entity is designated in
the grant award document. Generally,
the State is the grantee. However, an
Indian tribal government may choose to
be a grantee, or it may act as a
subgrantee under the State. An Indian
tribal government acting as a grantee
will assume the responsibilities of a
"state", under this subpart, for the
purposes of administering the grant.
Indian tribal government means any
Federally recognized governing body of
an Indian or Alaska Native tribe, band,
nation, pueblo, village, or community
that the Secretary of Interior
acknowledges to exist as an Indian tribe
under the Federally Recognized Tribe
List Act of 1994, 25 U.S.C. 479a, This
does not include Alaska Native
corporations, the ownership of which is
vested in private individuals.
Local Mitigation Plan is the hazard
mitigation plan required of a local or
Indian tribal government acting as a
subgrantee as a condition of receiving a
proiect subgrant under the HMGP as
outlined in 44 CFR 201.6.
Standard State Mitigation Plan is the
hazard mitigation plan approved under
44 CFR part 201, as a condition of
receiving Stafford Act assistance as
outlined in § 201.4.
State Administrative Plan for the
Hazard Mitigation Grant Program means
the plan developed by the State to
describe the procedures for
administration of the HMGP.
Subgrant means an award of financial
assistance under a grant by a grantee to
an eligible subgrantee.
Subgrant application means the
request to the grantee for HMGP funding
by the eligible subgrantee, as outlined in
§ 206.436.
Subgrantee means the government or
other legal entity to which a subgrant is
awarded and which is accountable to
the grantee for the use of the funds
provided. Subgrantees can be a State
agency, local government, private non-
profit organizations, or Indian tribal
government as outlined in § 206.433.
Federal Register/Vol. 67, No. 38/Tuesday, February 26, 2002/Rules and Regulations 8853
Indian tribal governments acting as a
subgrantee are accountable to the State
grantee.
4. Revise § 206.432(b) to read as
follows:
§206.432 Federal grant assistance.
(b) Aalounts of asaistance. The total of
Federal assistance under this subpart
shall not exceed either 15 or 20 percent
of the total estimated Federal assistance
(excluding administrative costs)
provided for a major disaster under 42
U.S.C. 5170b, 5172, 5173, 5174, 5177,
5178, 5183, and 5201 as follows:
(1) Fifteen (15)percent. Effective
November 1, 2003, a State with an
approved Standard State Mitigation
Plan, which meets the requirements
outlined in 44 CFR 201.4, shall be
eligible for assistance under the HMGP
not to exceed 15 percent of the total
estimated Federal assistance described
in this paragraph. Until that date,
existing, approved State Mitigation
Plans will be accepted.
(2) Twenty (20) percent. A State with
an approved Enhanced State Mitigation
Plan, in effect prior to the disaster
declaration, which meets the
requirements outlined in 44 CFR 201.5
shall be eligible for assistance under the
HMGP ~mt to exceed 20 percent of the
total estimated Federal assistance
described in this paragraph.
(3) The estimates of Federal assistance
under this paragraph (b) shall be based
on the Regional Director's estimate of all
eligible costs, actual grants, and
appropriate mission assignments.
5. Section 206.434 is amended by
redesignating paragraphs (b) through (g)
as paragraphs (c) through th).
respectively; adding a new paragraph
when justifu:ation is provided. In these
cases, a plan will be completed within
12 months of the award of the project
grant, If a plan is not provided within
this timeframe, the project grant will be
terminated, and any casts incurred after
notice of grant's termination will not be
reiinbursed by FEMA,
(c) Minimum project criteria. To be
eligible for the Hazard Mitigation Grant
Program, a project must:
(1) Be in contbrmance with the State
Mitigation Plan and Local Mitigation
Plan approved under 44 CFR part 201;
(d) Eligible activities. (1) Planning, Up
to 7% of the State's HMGP grant may be
used to develop State, tribal and/or local
mitigation plans to meet the planning
criteria outlined in 44 CFR part 201.
(2) Types of projects. Projects may be
of any nature that will result in
protection to public or private property.
Eligible projects include, but are not
limited to:
ti) Structural hazard control or
protection projects;
(ii) Construction activities that will
result in protection from hazards; (iii) Retrofitting of facilities;
(iv) Property acquisition or relocation,
as defined in paragraph (e) of this
section;
tv) Development of State or local
mitigation standards;
(vi) Development of comprehensive
mitigation programs with
implementation as an essential
component;
(vii) Development or improvement of
warning systems.
6. Revise § 206.435(a) to read as
follows:
§ 206.435 Project identificaiton and
selection criteria.
(b); revising redesignated paragraphs (c) (a) Identification. It is the State's
introductorv text and (c)(1); and revising responsibility to identify and select
redesignate~t paragraph (d) to read as eligible hazard mitigation projects. All
follows: funded projects must be consistent with
§206.434 Eligibility.
(b) Plnn require~nent. (1) For all
disasters declared on or after November
1, 2003, local and tribal government
applicants for subgrants, must have an
approved local mitigation plan in
accordance witb 44 CFR 201.6 prior to
receipt of HMGP subgrant funding.
Until November 1, 2003, local
mitigation plans may be developed
concurrent with the implementation of
subgrants.
(2) Regional Directors may grant an
exception to this requirement in
extraordinary circumstances, such as in
a small and impoverished community
the State Mitigation Plan. Hazard
Mitigation projects shall be identified
and prioritized through the State, Indian
tribal, and local planning process.
7, Revise § 206.436 to read as follows:
§ 206.436 Application procedures.
(a) General. This section describes the
procedures to be used by the grantee in
submitting an application for HMGP
funding. Under the HMGP, the State or
Indian tribal government is the grantee
and is responsible for processing
subgrants to applicants in accordance
with 44 CFR part 13 and this part 206.
Subgrantees are accountable to the
grantee.
(b) Governor's Authorized
Representative. The Governor's
Authorized Representative serves as tlie
grant administrator tbr all funds
provided under the Hazard Mitigation
Grant Program. The Governor's
Authorized Representative's
responsibilities as they pertain to
procedures outlined in this section
inclnde providing technical advice and
assistance to eligible subgrantees, aud
ensuring that all potential applicants are
aware of assistance available and
submission of those documents
necessary t~r grant award.
(c) Hazard mitigation application.
Upon identification of mitigation
measures, the State (Governor's
Authorized Representative) will submit
its Hazard Mitigation Grant Program
application to the FEMA Regional
Director. The application will identify
one or more mitigation measures for
which funding is requested, The
application must include a Standard
Form (SF) 424, Application for Federal
Assistance, SF 424D, Assurances for
Construction Programs, if appropriate,
and an narrative statement. The
narrative statement will contain any
pertinent project management
information not included in the State's
administrative plan for Hazard
Mitigation. The narrative statement will
also serve to identify the specific
mitigation measures for which funding
is requested. Information required for
each mitigation measure shall include
the following:
(1) Name of the subgrantee, if any; .
(2) State or local contact for the
measure;
(3) Location of the project;
(4) Description of the measure;
(5) Cost estimate for the measure;
(6) Analysis of the measure's cost-
effectiveness and substantial risk
reduction, consistent with § 206.434(c);
(7) Work schedule;
(8) Justification for selection;
(9) Alternatives considered;
(10) Environmental information
consistent with 44 CFR part 9,
Floodplain Management and Protection
of Wetlands, and 44 CFR part 10,
Environmental Considerations.
(d) Application submission time limit.
The State's application may be amended
as the State identifies and selects local
project applications to be funded. The
State must submit all local HMGP
applications and funding requests for
the purpose of identifying new projects
to the Regional Director within 12
months of the date of disaster
declaration.
(e) Extensions. The State may request
the Regional Director to extend the
application time limit by 30 to 90 day
8854 Federal Register / Vol. 67. No. 38 / Tuesday, February 26, 2002 / Rules and Regulations
increments, not to exceed a total of 186
days. The grantee must include a
justification in its request.
(f) FEMA approval. The application
and supplement(s) will be submitted to
the FEMA Regional Director for
approval. FEMA has final approval
authority ibr funding of all projects,
(g) Indian tribal grantees. Indian tribal
governments may submit a SF 424
directly to the Regional Director.
Subpart H--Public Assistance
Eligibility
8. Revise § 206.220 to read as follows:
§206.220 General.
This subpart provides policies and
procedures for determinations of
eligibility of applicants for public
assistance, eligibility of work, and
eligibility of costs for assistance under
sections 402,403,406, 407,418~ 419,
421(d), 502, and 503 of the Stafford Act.
Assistance under this subpart must also
coniBrm to requirements of 44 CFR part
201, Mitigation Planning, and 44 CFR
part 206, subparts C~Public Assistance
Proiect Administration, I--Public
Assistance Insurance Requirements, I--
Coastal Barrier Resources Act, and M--
Minimum Standards. Regulations under
44 CFR part 9~Floodplain Management
and 44 CFR part 10--Environmental
Considerations, also apply to this
assistance.
9. Section 206.226 is amended by
redesignating paragraphs
(bt through (it as paragraphs (ct
through (k), respectively; adding a new
paragraph (bt; and revising redesignated
pai'agraph (g)(5) to read as follows:
§206.226 Restoration of damaged
facilities.
(bt Mitigation planning. In order to
receive assistance under this section, as
of November 1, 2003, the State must
have in place a FEMA approved State
Mitigation Plan in accordance with 44
CFR part 2(11.
(g) * . .
(5) If relocation of a facility is not
feasible or cost effective, the Regional
Director shall disapprove Federal
funding for the original location when
he/she determines in accordance with
44 CFR parts 9, 10, 201, or subpart M
of this part 206, that restoration in the
original location is not allowed. In such
cases~ an alternative proiect may be
applied for.
Dated: February 19, 2002.
Michael D. Brown,
General Counsel.
IFR Doc. 02-4321 Filed 2-25-02; 8:45 am]
BILUNG COOE 6718-05-P
61512 Federal Register/Vol. 67, No. 190 / Tuesday, October 1~ 2002/Rul~/s and Regulations
CFR 773.23(a)(1) thrm~gh (a)(6)'for a
notice of snspension or rescission,
showing that the person requesting
review is entitled to administrative
relief;
24. In §4.1374, revise paragraph (a) to
read as follows',
§4.1374 Burdens of proof.
(a) DSM shall have the burden of
going tbrward to present a prima facie
case of the validity of the notice of
proposed suspension er rescission or
the notice of suspension or rescission.
25. In § 4.1376, revise the section
heading and paragraph (a) to read as
follows:
§ 4.1376 Petition for temporary relief from
notice of proposed suspension or
rsecise)on or notice of suspension or
rescission; appeals from decisions granting
or denying temporary relief.
(a) Any party may file a petition for
temporary relief from the notice of
proposed suspension or rescission or
the notice of suspension or rescission in
conjunction with the filing of the
request for review or atany time before
an initial decision is issued by the
administrative law judge.
26. Revise the heading for 43 CFR
4.1380-4.1387 to read as follows:
Review of Office of Surface Mining
Written Decisions Concerning
Ownership or Control Challenges
27. Revise §4.1380 to read as follows:
§4.1380 Scope.
Sections 4.1380 through 4.1387
govern the procedures for review of a
written decision issued by DSM under
30 CFR 773.28 on a challenge to a listing
or finding of ownership or control.
28. In § 4.1381, revise paragraph (a) to
read as follows:
§4.1381 Who may file; when to file; where
to file.
(a) Any person who receives a written
decision issued by DSM under 30 CFR
773.28 on a challenge to an ownership
or control listing or finding may file a
request for review with the Hearings
Division, Office of Hearings and
Appeals, U.S, Department of the
Interior, 801 N. Quincy Street, Suite
300, Arlington, Virginia 22203
(telephone 703-235-3800) within 30
days of service of the decision.
29. Revise § 4.1390 to read as follows:
§4.1390 Scope.
Sections 4,1391 through 4.1394 set
forth the procedures for obtaining
review of an DSM determination under
30 CFR 761.16 that a person does or
does not have valid existing rights.
30. In § 4.1391, revise paragraphs (a)
and (b) to read as follows:
§ 4.1391 Who may file; where to file; when
to file; filing of administrative record.
(al The person who requested a
determination under 30 CFR 761.16 or
any person with an interest that is or
may be adversely affected by a
determination that a person does or
does not have valid exisfing rights may
file a request for review of the
determination with the office of the
DSM official whose determination is
being reviewed and at the same time
shall send a copy of the request to the
Interior Board of Land Appeals, U,S.
Department of the Interior, 801 N.
Quincy Street, Suite 300, Arlington, VA
22203 (telephone 703-235-3750). DSM
shall file the complete administrative
record of the determination under
review with the Board as soon as
practicable.
(b) DSM must provide notice of the
valid existing rights determination to
the person who requested that
determination by certified mail, or by
overnight delivery service if the person
has agreed to bear the expense of this
service.
(11 When the determination is made
independently of a decision on an
application for a permit or for a permit
boundary revision, a request for review
shall be filed within 30 days of receipt
of the determination by a person who
has received a copy of it by certified
mail or overnight delivery service. The
request for review shall be filed within
30 days of the date of publication of the
determination in a newspaper of general
circulation or in the Federal Register,
whichever is later, by any person who
has not received a copy of it by certified
mail or overnight delivery service.
(2) When the determination is made
in conjunction with a decision on an
application for a permit or for a permit
boundary revision, the request for
review must be filed in accordance with
§4.1362.
31. Revise § 4.1394 to reed as follows:
§4.1394 Burden of proof.
(a) If the person who requested the
determination is seeking review, DSM
shall have the burden of going forward
to establish a prima facie case and the
person who requested the determination
shall have the ultimate burden of
persuasion.
(b) If any other person is seeking
review, that person shall have the
burden of going forward to establish a
prima tbcie case and the ultimate
burden of persuasion that the person
who requested the determination does
or does not have valid existing rights.
[FR Doc. 02-24417 Filed 9-30-02; 8:45 ami
BILUNG CODE 4310-79-P
FEDERALEMERGENCY
MANAGEMENTAGENCY
44 CFR Parts 201 and 206
RIN 3067-AD22
Hazard Mitigation Planning and Hazard
Mitigation Grant Program
AGENCY: Federal Emergency
Management Agency.
ACTION: Interim final rule.
SUMMARY: This rnle extends the date by
which State and local governments must
develop mitigation plans as a condition
of grant assistance in compliance with
44 CFR Part 201. The reg.ulations in Part
201 outline the requirements for State
and local mitigation plans, which must
be completed by November 1, 2003 in
order to continue to receive FEMA grant
assistance. This interim final rule
extends that date to November 1, 2004.
DATES: Effective Date: October 1, 2002.
Comment Dote: We will accept
written comments through December 2,
2002.
ADDRESSES: Please send written
comments to the Rules Docket Clerk,
Office of the General Counsel, Federal
Emergency Management Agency, 500 C
Street, SW., room 840,Washington, DC
20472, (facsimile] 202~46-4536, or (e-
mail) rules@roma.gev.
FOR FURTHER INFORMATION CONTACT;
Terry Baker, Federal Insurance and
Mitigation Administration, Federal
Emergency Management Agency, 500 C
Street, SW., Washington, DC, 20472,
202-646-4648, (facsimile) 202-646-
3104, or (e-mail) terry, baker~femo.gov.
SUPPLEMENTARY INFORMATION:
Introduction
Throughout the preamble and the rule
the terms "we", "our" and "us" refer to
FEMA.
On February 26, 2002, FEMA
published an interim final rule
implementing Section 322 of the Robert
T. Staflbrd Disaster Relief and
Emergency Assistance Act (Stafford Act
or the Act), 42 U.S.C. 5165, enacted
under § 104 of the Disaster Mitigation
Act of 2000, (DMA 2000) Pub. L. 106-
390, This identified the requirements for
State and local mitigation plans
necessary for FEMA assistance, The
critical portion of the current interim
Federal Register / Vol. 67, No. 190 / Tuesday, October 1, 2002 / Rules and Regulations 61513
final rule being published extends the
date that the planning requirements take
effect. The date is being modified t¥om
November 1, 2003 to November 1, 2004
for all programs except the Pre-Disaster
Mitigation (PDM) program.
The date that local mitigation plans
will be required for the PDM program as
a condition of "brick and mortar"
project grant funding will continue to be
November 1, 2003. Our objective is to
encourage the use of the PDM program
to develop State and local mitigation
plans that will meet the criteria for all
of our mitigation programs, The initial
implementation of the PDM program
allows States to prioritize the thnding
towards the development of mitigation
plans in their most high-risk
communities, positioning them to be
eligible for project grant funding when
it become~ available, The PDM program
will benefit from the experiences in the
Flood Mitigation Assistance (FMA)
program, which has had a planning
requirement for many years. States often
prioritize FMA planning funds to a
community in one year, with the
implementation of the project occurring
after the appropriate planning has been
completed.
We received many thoughtful
comments on much of the rule, and we
intend to address them all prior to
finalizing the rule. However, the
overwhelming number of comments
regarding the effective date for the new
planning requirements on both the State
and local governments indicated to us a
need to extend that date. This new
interim final rule will address this issue,
and clarify the planning requirement for
the recently published Fire Management
Assistance Grant Program final rule.
Since publication of the interim final
rule, it became clear to us that, in some
cases, there was a need to extend the
effective date of the planning
requirement to allow more time for plan
development. An additional year will
allow State, tribal, and local
governments time to identify necessary
resources, establish support for the
planning process, and develop
meaningful mitigation plans. Legislative
sessions, which in some cases may be
once every two years, may be necessary
to obtain funding for plan development
and/or adoption of the plan prior to
submittal to FEMA. Many State and
local fiscal years run from July through
June, and budget requests must be made
months prior to the beginning of the
fiscal year. This has made it difficult for
many jurisdictions to begin the planning
process. Our intention in extending the
date is to allow for more thoughtful and
comprehensive development of plans
and implementation of this regulation.
Nearly all of those commenting on the
rule recognize the importance of
planning, The generally accepted model
is that good mitigation happens when
good mitigation plans are the basis for
the actions taken.
Even though we are extending the
date for meeting the planning
requirements, we encourage States and
localities to continue to work on getting
plans developed and approved as soon
as feasible, and not to wait until the
deadline to begin the process. It is
important to note that although there is
no deadline for approval of Enhanced
State Mitigation Plans in order to
qualify for the 20 percent HMPG
funding, it will only be available to
States if the plan is approved prior to a
disaster declaration,
Although many comments addressed
the need to extend the deadline, only a
few provided specific alternative dates.
We received several comments
requesting a phased approach to the
deadline for communities based on
general risk levels or the priorities
identified in a State plan. At this paint,
FEMA is not considering any option for
a phased approach to the timeline since
we believe that it would make this
requirement too difficult to administer,
for both States and FEMA. We believe
that the one-year extension for the
HMGP will address most of the
concerns regarding the efti~ctive date of
the planning requirements,
We have also received some questions
regarding the relationship of the
planning requirements of the Fire
Management Assistance Grant Program
to the plans developed under 44 CFR
part 201. A Standard or Enhanced State
Mitigation plan, which includes an
evaluation of wildfire risk and
mitigation, as identified in 44 CFR part
201 will meet the planning requirement
of the Fire Management Assistance
Grant Program. Until States develop and
have either of those plans approved by
FEMA. States must comply with the fire
management planning requirement as
stated in 44 CFR part 204 by ensuring
that there is a fire component to the
existing State Mitigation Plan or a
separate wildfire mitigation plan.
Finally, we would like to clarify that
for grants awarded under any hazard
mitigation program prior to October 30,
2000 for the purpose of developing or
updating a hazard mitigation plan, we
will not provide an increase in funding
or extensions for changes in the scope
of work ibr pnrposes of meeting the
enhanced state plan criteria, since the
enhanced plan concept did not exist
prior to the Disaster Mitigation Act of
2000, enacted on that date.
We encourage comments on this
interim final rule, and we will make
every effort to involve all interested
parties, including those who
commented on the original interim final
planning rule, prior to the development
of the Final Rule.
Justification for Interim Final Rule
In general, FEMA publishes a rule tbr
public comment before issuing a final
rule, under the Administrative
Procedure Act, 5 U.S.C. 533 and 44 CFR
1.12. The Administrative Procedure Act,
however, provides an exception from
that general rule where the agency for
good cause finds the procedures for
comment and response contrary to
public interest.
This interim final rule extends the
date that State, tribal, and local
governments have to develop mitigation
plans required as a condition of FEMA
grant assistance. State, tribal, and local
governments are currently under the
assumption that plans are required by
November 1, 2003, whereas this interim
final rule extends that date to November
1, 2004 for the HMGP. It does not affect
the date for compliance for other
programs, such as the Pre-disaster
Mitigation (PDM) program. In order for
State, local and tribal resources tb be
appropriately identified and used, it is
essential that the date extension be
made effective as soon as possible. We
believe it is contrary to the public
interest to delay the benefits of this rule.
In accordance with the Administrative
Procedure Act, 5 U.S.C. 553(d)[3), we
find that there is good cause for the
interim final rule to take effect
immediately upon publication in the
Federal Register in order to meet the
needs of States and communities by
identifying the new effective date for
planning requirement under 44 CFR
part 201, Therefore, we find that prior
notice and comment on this rule would
not further the public interest. We
actively encourage and solicit comments
on this interim final rule from interested
parties, and we will consider them as
well as those submitted on the original
interim final planning rule in preparing
the final rule. For these reasons, we
believe we have good cause to publish
an interim final rule.
National Environmental Policy Act
44 CFR 10.8(d)(2)(ii) excludes this
rule from the preparation of an
environmental assessment or
environmental impact statement, where
the rule relates to actions that qualify for
categorical exclusion under 44 CFR
lO.8(d)(2)(iii), such as the development
of plans under this section.
61514 Federal Register/Vol. 67, No. 190/Tuesday, October 1, 2002/Rules and Regulations
Executive Order 12866, Regulatory
Planning and Review
We have prepared and reviewed this
rule under the provisions of E.O. 12866,
Regulatory Planning and Review. Under
Executive Order 12866, 58 FR 51735,
October 4, 1993, a significant regulatory
action is subject to review by The Office
of Management and Budget (OMB) and
the requirements of the Executive Order.
The Executive Order defines
"significant regulatory action" as one
that is likely to result in a rule that nmy:
(1) Have an annual efti~ct on the
economy of $100 millian or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities;
(2) create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or
(4) raise novel legal or policy issues
arising out of legal mandates, the
President's priorities, or the principles
set forth in the Executive Order.
The purpose of this rule is to extend
the date by which State and local
governments have to prepare or update
their plans to meet the criteria identified
in 44 CFR part 201. The original date,
November 1, 2003, was determined to
be difficult to meet. This interim final
rule extends that date to November 1,
2004 for the post disaster Hazard
Mitigation Grant Program. The date of
November 1, 2003 will still apply to
project grants under the Pre-disaster
Mitigation program. As such, the rule
itself will not have an effect on the
economy of more than $100,000,000.
Therefore, this rule is not a significant
regulatory action and is not an
economically significant rule under
Execiifive Order 12866. OMB has not
reviewed this rule under Executive
Order 12866.
Executive Order 12898, Environmental
Justice
Under Executive Order 12898, Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994, we incorporate
environmental justice into our policies
and programs. The Executive Order
requires each Federal agency to conduct
its programs, policies, and activities that
substantially affect human health or the
environment, in a manner that ensures
that those programs, policies, and
activities do not have the effect of
excluding persons Ii'om participation in
our programs, denying persons the
benefits of our programs, or subjecting
persons to discrimination because of
their race, color, or national origin.
No action that we can anficlpate
under the final rule will have a
disproportionately high or adverse
human health and environmental effect
on any segment of the population. This
rule extends the date for development or
update of State and local mitigation
plans in compliance with 44 CFR part
201. Accordingly, the requirements of
Executive Order 12898 do not apply to
this interim finai rule.
Paperwork Reduction Act of 1995
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C.
3507(d)) we submitted a request for
review and approval of a new collection
of information when the initial interim
final rule was published on February 26,
2002. OMB approved this collection of
information for use through August 31,
2002, under the emergency processing
procedures in OMB regulation 5 CFR
1320.1, OMB Number 3067-0297. There
have been no changes to the collection
of information, and we have submitted
a request for OMB approval to continue
the use of the collection of information
for a term of three years. The request is
being processed under OMB's normal
clearance procedures in accordance
with provisions of OMB regulation 5
CFR 1320.11.
This new interim final rule simply
extends the date by which States and
communities have to comply with the
planning requirements, and clarifies
which FEMA programs are affected by
these requirements. The changes do not
affect the collection of information;
therefore, no change to the request for
the collection of information is
necessary. In summary, this interim
final rule complies with the provisions
of the Paperwork Reduction Act of 1995
(44 U.S.C. 3506(c)(2)(A)).
FOR FURTHER INFORMATION CONTACT: You
may obtain copies of the OMB
paperwork clearance package by
contacting Ms. Muriel Anderson at (202)
646-2625 (voice), (202) 646-3347
(facsimile), or by e-mail at
informationcollectios@fema.gov.
Executive Order 13132, Federalism
Executive Order 13132, Federalism,
dated August 4, 1999, sets forth
principles and criteria that agencies
must adhere to in formulating and
implementing policies that have
federalism implications, that is,
regulations that have substantial direct
effects on the States, or on the
distribotion of power and
responsibilities among the various
levels of government. Federal agencies
must closely examine the statutory
authority supporting any action that
would limit the poficymaking discretion
of the States, and to the extent
practicable, must consult with State and
local officials before implementing any
such action.
We have reviewed this rule under
E.O. 13132 and have concluded that the
rule does not have fi~deralism
implicafions as defined by the Executive
Order. We have determined that the rule
does not significantly affect the rights,
roles, and responsibilities of States, and
involves no preemption of State law nor
does it limit State policymaking
discretion.
· We will continue to evaluate the
planning requirements and will work
with interested parties as we implement
the planning requirements of 44 CFR
part 201. In addition, we actively
encourage and solicit comments on this
interim final rule from interested
parties, and we will consider them in
preparing the final rule,
Executive Order 13175, Consultation
and Coordination with Indian Tribal
Governments
We have reviewed this interim final
rule under Executive Order 13175,
which became effective on February 6,
2001. In reviewing the interim final
rule, we find that it does not have
"tribal implications" as defined in
Executive Order 13175 because it will
not have a substantial direct effect on
one or more Indian tribes, on the
relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Moreover, the interim final rule does
not impose substantial direct
compliance costs on tribal governments,
nor does it preempt tribal law, impair
treaty rights or limit the self-governing
powers of tribal governmants.
Congressional Review of Agency
Rulemaking
We have sent this interim final rule to
the Congress and to the General
Accounting Office under the
Congressional Review of Agency
Rulemaking Act, Public Law 104-121.
The rule is a not "major rule" within the
meaning of that Act. It is an
administrative action to extend the time
State and local governments have to
prepare mitigation plans required by
section 322 of the Stafford Act, as
enacted in DMA 2000,
Federal Register/Vol. 67, No. 190/Tuesday, October 1, 2002/Rules and Regulations 61515
The rule will not result in a major
increase in costs or prices for
consumers, individual industries,
Federal, State, or local government
agencies, or geographic regions. It will
not have "significant adverse effects" on
competition, employment, investment,
productivity, innovation, or on the
ability of United States-based
enterprises to compete with foreign-
based enterprises. This final rule is
subject to the information collection
requirements of the Paperwork
Reduction Act, and OMB has assigned
Control No. 3067-0297. The rule is not
an unfunded Federal mandate within
the meaning of the Unfunded Mandates
Reform Act of 1995, Public Law 104~1,
and any enforceable duties that we
impose are a condition of Federal
assistance or a duty arising from
participation in a voluntary Federal
program,
List of Subjects in 44 CFR Parts 201 and
Part 206
Administrative practice and
procedure, Disaster assistance, Grant
programs, Mitigation planning,
Reporting and record keeping
requirements.
AccordingLy, amend 44 CFR, chapter
I, as follows:
PART 201--MITIGATION PLANNING
1. The authority for Part 201
continues to read as follows:
Authority: Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42
U.S.C. 5121-5206; Reorganization Plan No. 3
of 1978, 43 FR 41943, 3 CFR, 1978 Comp.,
p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979
Comp., p. 376: E.O. 12148~ 44 FR 43239, 3
CFR, 1979 Comp., p. 412; and E.O. 12673, 54
FR 12571,3 CFR, 1989 Comp., p. 214.
2. Revise § 201.3(c)(3) to read as
follows:
§201.3 Responsibilities.
(3) At a minimum, review and, if
necessary, update the Standard State
Mitigation Plan by November 1, 2004
and every three years from the date of
the approval of the previous plan in
order to continue program eligibility.
3, Revise § 201.4(a) to read as follows:
§ 201.1 Standard State Mitigation Plans.
(a) Plan requirement. By November 1,
2004, States must have an approved
Standard State Mitigation plan meeting
the requirements of this section in order
to receive assistance under the Stafford
Act, although assistance authorized
under disasters declared prior to
November 1, 2004 will continue to be
made available. Until that date, existing,
FEMA approved State Mitigation Plans
will be accepted. In any case, emergency
assistance provided under 42 U.S,C
5170a. 5170b, 5173, 5174, 5177, 5179,
5180, 5182, 5183, 5184, 5192 will not be
atf~cted. The m~tigation plan is the
demonstration of the State's
commitment to reduce risks from
natural hazards and serves as a guide for
State decision makers as they commit
resources to reducing the effects of
natural hazards. States may choose to
include the requirements of the HMGP
Administrative Plan in their mitigation
plan, but must comply with the updates,
amendments or revisions requirement
listed under 44 CFR 206.437.
4. Revise § 201.6(a) to read as follows:
§ 201.6 Local Mitigation Plans.
(a) Plan requirements.
(1) For disasters declared after
November 1, 2004, a local government
must have a mitigation plan approved
pursuant to this section in order to
receive HMGP pro}ect grants. Until
November 1_, 2004, local mitigation
plans may be developed concnrrent
with the implementation of the HMC?
project grant.
(2) By November 1, 2003, local
governments must have a mitigation
plan approved pursuant to this section
in order to receive a project grant
through the Pre-Disaster Mitigation
(PDM) program, authorized under § 203
of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, 42
U.S.C. 5133. PDM planning grants will
continue to be made available to all
local governments after this time to
enable them to meet the requirements of
this section.
(3) Regional Directors may grant an
exception to the plan requirement in
extraordinary circumstances, such as in
a small and impoverished community,
when justification is provided, In these
cases, a plan will be completed within
12 months of the award of the project
grant. If a plan is not provided within
this timeframe, the project grant will be
terminated, and any costs incurred after
notice of grant's termination will not be
reimbursed by FEMA.
(4) Multi-jurisdictional plans (e.g.
watershed plans) may be accepted, as
appropriate, as long as each jurisdiction
has participated in the process and has
officially adopted the plan. State-wide
plans will not be accepted as multi-
jurisdictional plans.
PART 206.--FEDERAL DISASTER
ASSISTANCE FOR DISASTERS
DECLARED ON OR AFTER
NOVEMBER 23, 1988
4. The anthority for Part 206
continues to read as follows:
Authority: Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42
U.S.C. 5121-5206; Reorganization Plan No. 3
of 1978.43 FR 41943, 3 CFR, 1978 Comp..
p. 329: E.O. 12127, 44 FR 19367.3 CFR, 1979
Comp., p. 376; E,O. 12148.44 FR 43239. 3
CFR, 1979 Comp., p. 412: and E.O. 12673, 54
FR 12571.3 CFR, 1989 Comp., p. 214.
5, Revise § 206.432(b)(1) to read as '
follows:
§ 206.432 Federol grant assistance.
(b) * * *
(1) Fifteen (15) Percent. Effective
November 1, 2004, a State with an
approved Standard State Mitigation
Plan, which meets the requirements
outlined in 44 CFR 201.4, shall be
eligible for assistance under the HMGP
not to exceed 15 percent of the total
estimated Federal assistance described
in this paragraph. Until that date,
existing, FEMA approved State
Mitigation Plans will be accepted.
6. Revise § 206.434(b)(1) to'read as
follows:
§206.434 EIgibility.
(b) * * *
(1) For all disasters declared on or
after November 1, 2004, local and tribal
government applicants for subgrants
must have an approved local mitigation
plan in accordance with 44 CFR 201.6
prior to receipt of HMGP subgrant
funding. Until November 1, 2004, local
mitigation plans may be developed
concurrent with the implementation of
subgrants.
Dated: September 26, 2002.
Joe M. Allbaugh,
Director.
[FR Doc. 02-24998 Filed 9-30~)2; 8:45 ami
BILUNG CODE 671~-05-P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 02-2315, MB Docket No. 02-130, RM-
10438]
Digital Television Broadcast Service;
Des Moines, IA
AGENCY: Federal Communications
Commission.
61368 Federal Register/Vol. 68, No. 208/Tuesday, October 28, 2003/Rules and Regulations
have federalism implications, as
specified in Executive Order 13132 (64
FR 43255, Angust 10, 1999). This action
also is not subject to Executive Order
13045 (62 FR 19885, April 23, 1997),
because it is not economically
significant. This action is not subiect to
Executive Order 13211, "Actions
Concerning Regulations That
Significantly Aft~ct Energy Supply,
Distribution, or Use" (66 FR 28355 (May
22, 2001)) because it is not a significant
regulatory action under Executive Order
12866. This action does not involve
technical standards; thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This action also
does not impose an information
collection burden under the provisions
of the Paperwor~Reduc6on Act of 1995
(44 U.S.C. 3501 et seq.).
The Congressional Review Act (5
U.S,C. 801 et seq.] generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required intbrmation to the U.S, Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication in the
Federal Register. This action is not a
"maior rule" as defined by 5 U.S.C.
804(2).
List of Subjects in 40 CFR Part 51
Environmental protection,
Administrative practice and procedure,
Air pollution control, Carbon monoxide,
Nitrogen dioxide, Particulate matter,
Sulfur oxides, Volatile organic
compounds.
Dated: October 22, 2003.
Marianne Lamont Ho~nko,
Acting Administrator.
m 40 CFR Part 51 is amended as follows:
PART 51--REQUIREMENTS FOR
PREPARATION, ADOPTION, AND
SUBMI'I-FAL OF IMPLEMENTATION
PLANS
· 1. The authority citation for part 51
continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart P~rotection of Visibility
· 2. Section 51.309 is amended by
revising paragraphs (b)(6) and (d)(5)(i);
redesignating paragraph (d)(5)(ii) as
paragraph (d)(5)(iv); and adding
paragraphs (d}(5)(ii) and (d)(5)(iii) to
read as follows:
§51.309 Requirements related to the
Grand Canyon Visibility Transport
Commission.
(bi * * *
(6) Mobile Source Emissioo Budget
means the lowest level of VOC, NOx,
SO2 elemental and orgaeic carbon, and
fine particles which are projected to
occur in any area withio the transport
region from which mobile source
emissions are determined to contribute
significantly to visibility impairment in
any of the 16 Class I areas.
(d) * * *
(5) * * *
(i) Statewide inventories of current
annual emissions and projected future
annual emissions of VOC, NOx, SO_,,
elemental carbon, organic carbon, and
fine particles from mobile sources for
the years 2003 to 2018. The future year
inventories must include projections for
the year 2005, or an alternative year that
is determined by the State to represent
the year during which mobile source
emissions will be at their lowest levels
within the State.
(ii) A determination whether mobile
source emissions in any areas of the
State contribute significantly to
visibility impairment in any of the 16
Class I Areas, based on the statewide
inventory of current and projected
mobile source emissions,
(iii) For States with areas in which
mobile source emissions are found to
contribute significantly to visibility
impairment in any of the 16 Class I
areas',
(A) The establishment and
documentation of a mobile source
emissions budget for any such area,
including provisions requiring the State
to restrict the annual VOC, NOx, SO_-,
elemental and organic carbon, and/or
fine particle mobile source emissions to
their projected lowest levels, to
implement measures to achieve the
budget or cap, and to demonstrate
compliance with the budget.
(B) Au emission tracking system
providing for reporting of annual mobile
source emissions from the State in the
periodic implementation plan revisions
required by paragraph (d)(lO) of this
section. The emission tracking system
must be sufficient to determine the
States' contribution toward the
Commission's objective of reducing
emissions from mobile sources by 2005
or an alternate year that is determined
by the State to represent the year during
which mobile source emissions will be
at their lowest levels within the State,
and to ensure that mobile source
emissions do not increase thereafter.
[FR Doc. 03-27159 Filed 1(~27ql3; 8:45 ami
BILLING CODE 65EO-50-P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Parts 201,204 and 206
RIN 1660-AA17
Hazard Mitigation Planning and Hazard
Mitigation Grant Program
AGENCY: Federal Emergency
Management Agency (FEMA),
Emergency Preparedness and Response
Directorate, Department of Homeland
Security,
ACTION: Interim final rule.
SUMMARY: This rule clarifies the date
that local mitigation plans will be
required as a condition of receiving
project grant funds under the Pre-
Disaster Mitigation (PDM) program. In
addition, we are taking the opportunity
to correct cross references in our
regulations to address areas of
inconsistency regarding the planning
requirement in the Fire Management
Assistance Grant Program and Public
Assistance Eligibility that should have
been addressed previously.
DATES: Effective Date: October 28, 2003.
Comment Date: We will accept written
comments through December 29, 2003.
ADDRESSES: Please send written
comments to the Rules Docket Clerk,
Office of the General Counsel, Federal
Emergency Management Agency, 500 C
Street, SW., Room 840, Washington DC
20472, (facsimile) 202-646-4536, or
(email) rules@fema.gov.
FOR FURTHER INFORMATION CONTACT:
Karen Helbrecht, Program Planning
Branch, Mitigation Division, Federal
Emergency Management Agency, 500 C
Street, SW., Washington DC, 20472,
202-646-3358, (facsimile) 202-646-
4127, or (email)
karen .helbrecht@dhs.gov.
SUPPLEMENTARY INFORMATION: On
February 26, 2002, FEMA published an
interim final rule at 67 FR 8844
implementing section 322 of the Robert
T, Stafford Disaster Relief and
Emergency Assistance Act (Stafford Act
or the Act), 42 U.S.C. 5165, enacted
under section 104 of the Disaster
Mitigation Act of 2000, (DMA 2000)
Public Law 106-390. This identified the
Federal Register/Vol. 68. No. 208/Tuesday, October 28, 2003/Rules and Regulations 61369
requirements for State, tribal, and local
mitigation plans necessary for Hazard
Mitigation Grant Program (HMGP)
project funding. On October 1, 2(102,
FEMA published a change to that rule
at 67 FR 61512, extending the date that
the planning reqnimments take effect.
This rule stated that for disasters
declared on or alter November 1, 2004,
State Mitigation Plans will be required
in order to receive non-emergency
Stafford Act assistance, and local
mitigation plans will be required in
order to receive HMGP project grants.
However, the date that local
mitigation plans will be required for the
Pre-Disaster Mitigation program as a
condition of project grant funding was
left at November 1, 2003. The intent was
to make grants and technical assistance
available in fiscal year 2003 to assist
State and local governments to develop
mitigation plans and implement
mitigation projects during the first year
of the competitive grant program.
However, because the application
period for the competitive PDM program
will not close until October 6, 2003, the
project grants will not be awarded until
after November 1, 2003. The intent of
this rule change is to clarify that the
November 1, 2003 effective date for the
planning requirement will apply only to
PDM grant funds awarded under any
Notice of funding opportunity issued
after that date. Essentially, for PDM
grant funds made available in fiscal year
2004 and beyond, local governments
must have an approved mitigation plan
in order to receive a project grant under
the PDM program.
In addition, this rule updates the
planning requirement identified in 44
CFR part 204, Fire Management
Assistance Grant Program as well as part
206, subpart H, Public Assistance
Eligibility. The changes bring these
sections into conformity with the
existing planning rule, 44 CFR part 201,
FEMA received many thoughtful
comments, and intends to address them
all prior to finalizing the rule. However,
in the interest of expediting these minor
clarifying and conforming changes,
FEMA is issuing another interim final
rule, FEMA encourages comments on
this interim final rule, and will make
every effort to involve all interested
parties, including those who
commented on the original interim final
planning rules, prior to the development
of the Final Rule.
Administrative Procedure Act
Statement.
In general, FEMA publishes a rule for
pnblic comment before issuing a final
rule, under the Administrative
Procedure Act, 5 U.S.C. 533 and 44 CFR
1.12. The Administrative Procedure Act,
however, provides an exception from
that general rule where the agency for
good cause finds the procedures for
comment and response contrary to the
public interest,
This interim final rule clarifies the
date that local governments, as well as
a tribe applying as a snb-appficant, most
have a mitigation plan as a condition of
receiving FEMA PDM project grant
assistance. This interim final rule
clarifies that the plan requirement
applies only to PDM project grants
awarded under any Notice of t~nding
opportunity issued after November 1,
2003. The Notice of Availability of
Funding (NOFA) for the fiscal year 2003
PDM program was not published until
July 7, 2003, making it difficult to make
gran~ awards by November 1, 2003. In
order to make timely awards for the
fiscal year 2003 PDM program, it is
essential that the clarification of the
effective date of the planning
requirement be made effective as soon
as possible.
In addition, this rule brings the
mitigation planning requirements for
the Fire Management Assistance Grant
Program, and FEMA's Public Assistance
Program into conformity with 44 CFR
part 201. FEMA believes it is contrary
to the public interest to delay the
benefits of this rule. In accordance with
the Administrative Procedure Act, 5
U,S.C. 553(d)(3), we find good cause for
the interim final rule to take effect
immediately upon publication in the
Federal Register in order to meet the
needs of States, tribes, and communities
by clarifying the effective date for
planning requirements under 44 CFR
part 201. Therefore, FEMA finds that
prior notice and comment on this rule
would not further the public interest.
FEMA actively encourages, solicits, and
will consider comments on this interim
final rule from interested parties, as well
as those submitted on the original
interim final planning rule, in preparing
the final rule, For these reasons, FEMA
believes there is good cause to publish
an interim final rule.
National Environmental Policy Act
44 CFR 10.8(d)(2)(ii) excludes this
rule from the preparation of an
environmental assessment or
environmental impact statement, where
the rule relates to actions that qualify for
categorical exclusion under 44 CFR
10.8(d)(2)(iii), such as the development
of plans under this section.
Executive Order 12866, Regulatory
Planning and Review
FEMA has prepared and reviewed this
rule under the provisions of Executive
Order 12866, Regulatory Planning and
Review. Under Executive Order 12866,
58 FR 51735, Oct. 4, 1993, a significant
regulatory action is subject to OMB
review and the requirements of the
Executive Order. The Executive Order
defines "significant regulatory action"
as one that is likely to result in a rule
that may:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or,planned by another agency;
13) Materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out 'of legal mandates, the
President's priorities, or ~:he principles
set forth in th[e] Executive [O]rder.
The purpose of this rule is to clarify
the date by which State, tribal, and local
governments have to prepare or update
their plans to meet the criteria identified
in 44 CFR part 201. This interim final
rule clarifies that local governments
must have a mitigation plan approved in
order to receive a project grant through
the PDM program under any Notice of
funding opportunity issued after
November 1, 2003, in fiscal year 2004
and beyond. As such, the rule itself will
not have an effect on the economy of
more than $100,000,000~
Therefore, this rule is not a significant
regulatory action and is not an
economically significant rule under
Executive Order 12866. The Office of
Management and Budget (OMB) has
reviewed this rule under Executive
Order 12866.
Executive Order 12898, Environmental
Justice
Environmental Justice is incorporated
into policies and programs under
Executive Order 12898, Federal Actions
to Address Environmental Justice in
Minority Populations and Low-Income
Populations, 59 FR 7629, Feb. 16, 1994.
The Executive Order requires each
Federal agency to conduct its programs,
policies, and activities that substantially
affect human health or the environment,
in a manner that ensures that those
programs, policies, and activities do not
have the effect of excluding persons
from program participation, denying
persons program benefits, or subjecting
persons to discrimination because of
their race, color, or national origin.
61370 Federal Register/Vok 68, No. 208/Tuesday, October 28, 2003/Rules and Regulations
No action that FEMA can anticipate
uuder the final rule will have a
disproportionately high or adverse
human health mad environmental effect
on any segment of the population. This
rule extends the date for development or
update of State and local mitigation
plans in compliance with 44 CFR part
2(11. Accordingly, the requirements of
Executive Order 12898 do not apply to
this interim final rule.
Paperwork Reduction Act of 1995
This new interim final rule simply
clarifies the date by which States and
communities have to comply with the
planning requirements, and clarifies
which FEMA programs are affected by
these requirements. The changes do not
affect the collection of information;
therefore, no change to the request for
the collection of information is
necessary. In summary, this interim
final rule complies with the provisions
of the Paperwork Reduction Act of 1995
(44 U.S,C. 3506(c)(2)(A)).
Executive Order 13132, Federalism
Executive Order 13132, Federalism,
dated August 4, 1999, sets forth
principles and criteria to which
agencies must adhere in formulating
and implementing policies that have
f~deralism implications, that is,
regulations that have substantial direct
effects on the States, or on the
distribution of power and
responsibilities among the various
levels of government. Federal agencies
must closely examine the statutory
authority supporting any action that
would limit the policymaking discretion
of the States, and to the extent
practicable, must consult with State and
local officials before implementing any
such action.
FEMA reviewed this rule under
Executive Order 13132 and concluded
that the rule has no federalism
implications as defined by the Executive
Order. FEMA has determined that the
rule does not significantly affect the
rights, roles, and responsibilities of
States, and involves no preemption of
State law nor does it limit State
policymaking discretion.
FEMA will continue to evaluate the
planning requirements and work with
interested parties as the planning
requirements of 44 CFR part 201 are
implemented. In addition, we actively
encourage and solicit comments on this
interim final rule from interested
parties, and will consider them in
preparing the final rule.
Executive Order 13175, Consultation
and Coordination with Indian Tribal
Governments
FEMA has reviewed this interim fieal
rule under Executive Order 13175,
which became effective on February 6,
2001. In this review, no "tribal
implications" as defined in Executive
Order 13175 were found becauseqt will
not have a substantial direct eftbct on
one or more Indian tribes, on the
relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Moreover, the interim final rule does
not impose substantial direct
compliance costs on tribal governments,
nor does it preempt tribal law, impair
treaty rights or limit the self-governing
powers of tribal governments.
Congressional Review of Agency
Rulemaking.
FEMA sent this interim final rule to
the Congress and to the General
Accounting Office under the
Congressional Review of Agency
Rulemaking Act, Public Law 104-121.
The rule is not a "major rule" within the
meaning of that Act. It is an
administrative action to extend the time
State and local governments have to
prepare mitigation plans required by
Section 322 of the Stafford Act, as
enacted in DMA 2000.
The rule will not result in a major
increase in costs or prices for
consumers, individual industries,
Federal, State, or local government
agencies, or geographic regions. It will
not have "significant adverse effects" on
competition, employment, investment,
productivity, innovation, or on the
ability of United States-.based
enterprises to compete with foreign-
based enterprises.
In compliance with section 808(2] of
the Congressional Review of Agency
Rulemaking Act, 5 U.S.C. 8(2), for good
cause we find that notice and public
procedure on this interim final rule are
impracticable, unnecessary, or contrary
to the public interest. In order to make
timely awards for the fiscal year 2003
PDM program, it is essential that the
clarification of the effective date of the
planning requirement be made effective
as soon as possible. Accordingly, this
interim final rule is effective on October
28, 2003.
List of Subjects in 44 CFR Part 201, Part
204, and Part 206
Administrative practice and
procedure, Disaster assistance, Grant
programs, Mitigation planning,
Reporting and record keeping
requirements.
· Accordingly, FEMA amends 44 CFR
Parts 201,204, and 206 as fl31lows:
PART 201--MITIGATION PLANNING
· 1. The authority citation for part 201
continees to read as follows:
Authority: Robert T. Stafford Disaster
Relief and Emergem:y Assistance Act. 42
U.S.C, 5121-5206; Reorganization Plan No. 3
of 1978, 43 FR 41943, 3 CFR, 1978 Co~llp,,
p. 329: E.O. 12127, 44 FR 19367, 3 CFR, 1979
Comp., p. 376; E.O. 12148.44 FR 43239, 3
CFR, 1979 Comp,, p. 412; and E.O. 12673, 54
FR 12571, 3 CFR, 1989 Comp., p. 214.
· 2. Section 2(11.6(a)(2) is revised to read
as follows:
§ 201.6 Local Mitigation Plans.
(a) * * *
(2} Local governments must have a
mitigation plan approved pursuant to
this section in order to receive a proiect
grant through the Pre-Disaster
Mitigation (PDM) program under any
Notice of funding opportunity issued
after November 1, 2003. The PDM
program is authorized under § 203 of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C..
5133. PDM planning grants will
continue to be made available to local
governments al~er this time to enable
them to meet the requirements of this
section.
PART 204--FIRE MANAGEMENT
ASSISTANCE GRANT PROGRAM
· 3. The authority citation for part 204
continues to read as follows:
Authority: Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42
U.S.C. 5121-5206; Reorganization Plan No. 3
of 1~78, 43 FR, 41943, 3 CFR, 1978 Comp.,
p. 329; E.O. 12127~ 44 FR 19367, 3 CFR, 1979
Comp., p. 376; E.O. 12148, 44 FR 43239, 3
CFR, 1979 Comp., p 412: and E.O. 12573, 54
FR 12571, 2 CFR, 198§ Comp., p. 214.
· 4. Revise the definition of Hazard
mitigation plan in § 204.3 to read as
follows:
§ 204.3 Definitions used throughout this
Hazard mitigation plan. A plan to
develop actions the State, local, or tribal
government will take to reduce the risk
to people and property from all hazards.
The intent of hazard mitigation
planning under the Fire Management
Assistance Grant Program is to identify
wildfire hazards and cost-effective
mitigation alternatives that produce
Federal Register/Vol. 68, No. 208/Tuesday, October 28, 2003/Rules and Regulations 61371
long-term benefits. We address
mitigation of fire hazards as part of the
State's comprehensive Mitigation Plan,
described in 44 CFR part 201.
· 5. Revise § 204.51(d)(2) to read as
follows:
§ 204.51 Application and approval
procedures for a fire management
assistance grant.
(d) * * *
(2) Hazm'd Mitigation Plan. As a
requirement of receiving funding under
a fire management assistance grant, a
State, or tribal organization, acting as
Grantee, must:
(il Develop a Mitigation Plan in
accordance with 44 CFR part 201 that
addresses wildfire risks and mitigation
measures; or
(ii) Incorporate wildfire mitigation
into the existing Mitigation Plan
developed and approved under 44 CFR
part 201 that also addresses wildfire risk
and contains a wildfire mitigation
strategy and related mitigation
initiatives.
PART 206--FEDERAL DISASTER
ASSISTANCE FOR DISASTERS
DECLARED ON OR AFTER
NOVEMBER 23, 1988.
· 6, The authority citation for part 206
continues to read as follows:
Aathority: Robert T. Stafford Disaster
Relict and Emergency Assistance Act, 42
II.S.C. 5121-52(16; Reorganization Plan No. 3
o] 1978.43 FR 41943, 3 CFR, 1978 Comp.,
p. 329; E.£). 12127, 44 FR 19367, 3 CFR, 1979
(kmq~.. p. 376; E.O. 12148, 44 FR 43239, 3
CFR. 1970 Comp., p. 412; and E.O. 12673, 54
FR 1257~. 3 CFR. 1989 Comp., p. 214.
· 7. Revise § 296,226(b) to read as
follows:
§ 206.226 Restoration of damaged
facilities.
lb) Mitigation planning. In order to
receive assistance under this section, as
of November 1, 2004, the State must
have ill plm:e a FEMA approved State
Mitigation Plan in accordance with 44
CFR part 201.
Dated: October 22, 2003.
Michael D. Brown,
and Besponse, Department of Homeland
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 71
[Docket No. OST-2003-15858]
RIN 2105-AD30
Standard Time Zone Boundary in the
State of South Dakota: Relocation of
Jones, Mellette, and Todd Counties
AGENCY: Office of the Secretary {OST),
Department of Transportation (DOT).
ACTION: Final rule.
SUMMARY: In response to a concurrent
resolution of the South Dakota
legislature, DOT is relocating the
boundary between mountain time and
central time in the State of South
Dakota, DOT is placing all of Jones,
Mellette, and Todd Counties in the
central time. zone.
EFFECTIVE DATE: 2 a.m. MDT Sunday,
October 26, 2003, which is the
changeover from daylight saving to
standard time.
FOR FURTHER INFORMATION CONTACT:
Joanne Petrie, Office of the Assistant
General Counsel for Regulation and
Enforcement, U.S. Department of
Transportation, Room 10424, 400
Seventh Street, Washington, DC 20590,
(202) 366-9315, or by e-mall at
joonne.petrie@ost, dot.gov.
SUPPLEMENTARY INFORMATION: Under the
Standard Time Act of 1918, as amended
by the Uniform Time Act of 1966 (15
U.S.C. 260-64), the Secretary of
Transportation has authority to issue
regulations modifying the boundaries
between time zones in the United States
in order to move an area from one time
zone to another. The standard in the
statute for such decisions is "regard for
the convenience of commerce and the
existing junction points and division
points of common carriers engaged in
interstate or foreign commerce."
Time zone boundaries are set by
regulation (49 CFR part 71). Currently,
under regulation, Mellette and Todd
Counties, and the western portion of
Jones County, are located in the
mountain standard time zone. The
eastern portion of Jones County is
currently located in the central time
zone,
Request for a Change
The South Dakota legislature adopted
a concurrent resolution (Senate
Concurrent Resolution No. 3)
petitioning the Secretary of
Transportation to place all of Jones,
Mellette, and Todd counties into the
central time zone. The resolution was
adopted by the South Dakota Senate on
February 3, 2003, and concurred in by
the South Dakota House of
Representatives on February 7, 2903.
Tbe resolution noted, among other
things, that the vast majority of
residents of those counties observe
central standard time, instead of
mountain standard time, because their
commercial and social ties are to
communities located in the central time
zone. It further stated that there would
be much less confusion and that it
would be much more convenient for the
commerce of these counties if these
counties were located in the central
time zone. A copy of the resolution has
been placed in the docket.
Procedure for Changing a Time Zone
Boundary
Under DOT procedures to change a
time zone boundary, the Department
will generally begin a rulemaklng
proceeding if the highest elected
officials in the area make a primofacie
case t~r the proposed change. DOT
determined that the concurrent
resolution of the South Dakota
legislature made a prima focie case that
warranted opening a proceeding to
determine whether the change should
be made. On August 11, 2003, DOT
published a notice of proposed
rulemaking (68 FR 47533) proposing to
make the requested change and invited
public comment. The NPRM proposed
that this change go into effect during the
next changeover from daylight saving
time to standard time, which is on
October 26, 2003.
Comments
Two comments were filed. One,
which was filed by the South Dakota
Secretary of State, supported the
change. He stated that "The proposal to
place all of Jones, Mellette and Todd
Counties in the central time zone would
eliminate confusion these counties have
when elections are conducted.
Eliminating this confusion will improve
voter turnout in these counties. South
Dakota's polling hours are from 7 a.m.
to 7 p,m. legal time. These counties that
are legally set in mountain time follow
central time for their business hours,
therefore causing confusion in the past
on what time zone to use for polling
hours for local, state and federal
elections." The other comment objected
to daylight saving time observance and
suggested that all states should be in the
same time zone.
We did not hold a public hearing in
the area because of the unusual
circumstances in this case. According to
the State legislature, the vast majority of
people in the affected area are already
55094 Federal Register/Vol. 69, No. 176/Monday, September 13, 2004/Rules and Regulations
PART 292--NATIONAL RECREATION
AREAS
Subpart C--Sawtooth National
Recreation Area--Private Lands
a 1. The authority citation for subpart C
continues to read as tbllows:
Authority: Se{:. 4{a), Act of Aug, 22.1972
(86 Stat. 613).
· 2. Amend § 292.16 by revising
paragraph (e}(2)(ii) to read as follows:
§292.16 Standards.
(e) * * *
(2) * * *
(ii) Not more than two outbuildings
with each residence. Aggregate square
foot area of outbuildings not to exceed
850 square feet and to be limited to one
story not more than 22 feet in height.
Dated: September 7, 2004.
David P. Tenny,
Deputy Under Secretary, Natural Resources
and Environment.
IFR Doc. 04-20592 Filed 9-10-04; 8:45 ami
BILLING CODE 3410-11-P
DEPARTMENT OF HOMELAND
SECURITY
F~deral Emergency Management
Agency
44 CFR Parts 201 and 206
RIN 1660-AA17
Hazard Mitigation Planning and Hazard
Mitigation Grant Program
AGENCY: Federal Emergency
Management Agency (FEMA),
Emergency Preparedness and Response
Directorate, Department of Homeland
Security.
ACTION: Interim rule.
SUMMARY: This rule provides State and
Indian tribal governments with a
mechanism to request an extension to
the date by which they must develop
State Mitigation Plans as a condition of
grant assistance. FEMA regulations
outline the requirements for State
Mitigation Plans, which must be
completed by November 1, 2004 in
order to receive FEMA grant assistance.
This interim rule allows FEMA to grant
justifiable extensions, in extraordinary
circumstances, for State and Indian
tribal governments of up to six months,
or no later than May 1, 2005. In
addition, this interim rule allows
mitigation planning grants provided
through the Pre-Disaster Mitigation
(PDM) program to contieue to be
available to State, Indian tribal, and
local governments afier November 1,
2004.
DATES: Effective Dote: September 13,
2004.
Comment Date: We will accept
written comments throogh November
12, 2004.
ADDRESSES: Please send written
comments to the Rules Docket Clerk.
Office of the General Counsel, Federal
Emergency Management Agency, 500 G
Street, SW., room 840,Washington DC
20472, (facsimile) 202-646--4536, or (e-
mail) FEMA-RULES@dhs.gov.
FOR FURTHER INFORMATION CONTACT:
Karen Helbrecht, Risk Reduction
Branch, Mitigation Division, Federal
Emergency,Management Agency, 500 C
Street, SW., Washington DC 20472,
(phone) 202-646-3358, (facsimile) 202-
646-3104, or (e-mail)
karen.helbrecht@dhs.gov.
SUPPLEMENTARY INFORMATION~
Introduction
On February 26, 2002, FEMA
published an interim rule at 67 FR 8844
implementing Section 322 of the Robert
T. Stafford Disaster Relief and
Emergency Assistance Act (Stafford Act
or the Act), 42 U.S.C. 5165, enacted
under Section 104 of the Disaster
Mitigation Act of 2000 (DMA 2000},
Public Law 106-390. This identified the
requirements for State, tribal, and local
mitigation plans. On October 1, 2002,
FEMA published a change to that rule
at 67 FR 61512, extending the date that
the planning requirements take eft~ct.
The October 1, 2002 interim rule stated
that by November 1, 2004, FEMA
approved State Mitigation Plans were
required in order to receive non-
emergency Stafford Act assistance, and
local mitigation plans were required in
order to receive mitigation project
grants. The critical portion of this
interim rule provides a mechanism for
Governors or Indian tribal leaders to
request an extension to the date that the
planning requirements take effect for
State level mitigation plans. This
interim rule allows extensions up to
May 1, 2005 to States or Indian tribal
governments who submit the necessary
justification.
While all States and many Indian
tribal governments have been working
on the required State Mitigation Plans,
and many have been very successful, a
fbw have encountered extraordinary
difficulties in meeting the November 1,
2004 deadline. Due to the significant
implications of not having an approved
plan, FEMA has decided to provide an
option for States and Indian tribal
governments that may not be able to
meet the deadline, in order to allow all
States to develop effective Mitigation
plans. The option allows the Goveroor
or Indian tribal leader to ask FEMA for
an extension. A Governor or Indian
tribal leader would be required to
submit a written request to FEMA for
the exteosion. The written request
wmdd include the justification for the
extension; the reasons the plan has not
been completed; the amount of
additional time needed to complete the
plan; and a strategy for completing the
plan, FEMA would review each request,
and could grant up to a six-month
extension. However, the deadline would
not be later than May 1, 2005. Governors
or Indian tribal leaders could request
this extension at any time after
pubfication of this interim rule.
In addition, the current rule
requirement states that States, or Indian
tribal governments who choose to apply
directly to FEMA, must have an
approved mitigation plan by November
1, 2004 to be eligible for plannihg or
project grant funding under the Pre-
Disaster Mitigation (PDM) program. This
rule change allows PDM planning grants
to continue to be available to States and
Indian tribal governments who do not
have a FEMA approved mitigation plan.
Local governments, and Indian tribal
governments acting as subgrantees,
continue to be eligible for PDM
planning grants under the current
requirement. Mitigation planning is the
foundation to saving lives, protecting ·
properties, and developing disaster
resistant communities. The PDM
program is the primary mechanism that
provides grant assistance for mitigation
planning, State and Indian tribal
governments will be able to apply for a
PDM planning grant in order to develop
or update their mitigation plan which,
when approved by FEMA, will maintain
their eligibility for non-emergency
Stafford Act assistance.
Finally, this interim rule makes
technical and conforming amendments
to other sections of FEMA regulations
affected by the provision of Part 201
Mitigation planning, and adjusts the
general major disaster allocation for the
Hazard Mitigation Grant Program
(HMGP) from 15 percent to 7~/~ percent
to be consistent with a recent statutory
amendment.
FEMA encourages comments on this
interim role.
Administrative Procedure Act Statement
In general, FEMA publishes a rule for
public comment before issuing a final
rule, under the Administrative
Procedure Act, 5 U.S.C. 533 and 44 CFR
1.12. The Administrative Procedure Act,
Federal Register/Vol. 69~ No. 176/Monday, September 13, 2004/Rules and Regulations 55095
however, provides an exception from
that general rule where the agency for
good cause finds that the procedures for
prior comment and response are
impracticable, unnecessary, or contrary
to public interest.
This interim rule provides an option
for States and Indian tribal governments
to request an extension to the date by
which they have to develop State
Mitigation Plans required as a condition
of receiving non-emergency Stafford Act
grant assistance. State and indian tribal
governments are currently under the
assumption, consistent with the cnrrent
requirements, that plans are required by
November 1, 2004, whereas this interim
rule provides a mechanism to extend
that date up to May 1, 2005, in certain
cases, It does not affect the date that
local plans will be required for other
programs, such as the PDM program. In
order for State and Indian tribal
government resources to be
appropriately identified and available to
complete the required plans, it is
essential that the date extension be
made effective as soon as possible. If the
rule were delayed beyond the November
1, 2004 deadline, and a State or Indian
tribal government did not have a FEMA
approved mitigation plan, all entities
within that State or Indian tribe would
be ineligible for grants to restore
· damaged public facilities, Fire
Management Assistance grants, and
HMGP funding. The benefits of this rule
will only be realized if the rule is
immediately effective and available to
State and Indian tribal governments
prior to the existing November 1, 2004
deadline. As a practical matter, since
FEMA anticipates opening the
application period for the FY2004/2005
PDM program in September, this rule is
necessary to ensure that FEMA can
provide timely guidance to States and
Indian tribal governments of their
eligibility for PDM planning thnds, so
they do not miss the opportunity to
. submit the necessary applications.
FEMA believes that it is contrary to the
public interest to delay the benefits of
this rule· In accordance with the
Administrative Procedure Act, 5 U.S.C.
553(d)(3), FEMA finds that there is good
cause for the interim rule to take effect
immediately upon publication in the
Federal Register in order to meet the
needs of States and communities by
identifying the new effective date for
planning requirement under 44 CFR
Part 201.
The rule also allows PDM planning
grants to continue to be available to
States and Indian tribal governments
who do not have a FEMA approved
mitigation plan. The existing deadline
for States to have a FEMA approved
mitigation plan is November 1, 2004,
and since the next round of competition
tbr PDM funding will occur after tbat
deadline, it is essential that the change
in the planning requirement be made
effective as soon as possible. This will
allow State and Indian tribal
goveruments to apply and compete for
planning grants during the next PDM
competitive (:ycle.
Tberafore, FEMA finds that prior
notice and comment on this rule would
not further the public interest. We
actively encourage and solicit comments
on this interim rule from interested
parties, arid we will consider them as
well as those submitted on the original
inl:arim planning rule in preparing the
final rule. For these reasons, FEMA
believes that we have good cause to
publish an interim rule.
Notional Environmental Policy Act
44 CFR 10.8(d)(2)(ii) excludes this
rule from the preparation of an
environmental assessment or
environmental impact statement, where
the rule relates to actions that qualify for
categorical exclusion under 44 CFR
lO.8(d)(2)(iii), such as the development
of plans under this section,
Executive Order 12866, Regulatory
Planning end Review
FEMA has prepared and reviewed this
rule under the provisions of Executive
Order 12866, Regulatory Planning and
Review. Under Executive Order 12866,
58 FR 51735, October 4, 1993, a
significant regulatory action is subject to
OMB review and the requirements of
the Executive Order. The Executive
Order defines "significant regulatory
action" as one that is likely to result in
a rule that may:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materia'lly alter the budgetary
impact of entitlements, grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President's priorities, or the principles
set forth in the Executive Order.
The purpose of this rule is to extend
the date by which State and Indian
tribal governments have to prepare or
update their mitigatiqn plans to meet
the criteria identified in 44 CFR Part
201. This interim rule provides a
mechanism for States and Indian tribal
governments to request an extension of
tbe November 1, 2004 deadline for State
Mitigation Plans, and allows State and
Indian tribal governments that do not
have an approved plan to compete for
PDM planning funds after the deadline.
As such, tbe rule itself will not have an
effect on the economy of more than
$100,000,000, nor otherwise constitute a
significant regulatory action.
The Office of Management and Budget
has concluded that this rule is not
significant for purposes of Executive
Order 12866,
Executive Order 12898, Environmental
Iustice
Under Executive Order 12898, Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994, FEMA incorporates
environmental justice into our policies
and programs. The Executive Order
requires each Federal agency to conduct
its programs, policies, and activities that
substantially affect human health or the
environment, in a manner that ensures
that those programs, policies, and
activities do not have the effect of
excluding'persons from participation i¢
our programs, denying persons the
benefits of our programs, or subjecting
persons to discrimination because of
their race, color, or national origin,
No action that we can anticipate
under the interim rule will have a
disproportionately high or adverse
human health and environmental effect
on any segment of the population. This
rule extends the date for development or
update of State and Indian tribal
mitigation plans in compliance with 44
CFR 201.4. Accordingly, the
requirements of Executive Order 12898
do not apply to this interim rule.
Paperwork Reduction Act of 1995
This new interim rule simply
provides an option to extend the elate by
which States have to comply with the
planning requirements, and clarifies the
planning requirements for the PDM
program. The changes do not affect the
collection of information; therefore, no
change to the request for the collection
of information is necessary. In
summary, this interim rule complies
with the provisions of the Paperwork
Reduction Act of 1995, 44 U.S.C.
3506(c)(2)(A).
Executive Order 13132, Federalis~n
Executive Order 13132, Federalism,
dated August 4, 1999, sets forth
principles and criteria that agencies
must adhere to in formulating and
55096 Federal Register/Vol. 69, No. 176/Monday, September 13, 2004/Rules and Regulations
implementing policies that have
t~deralism implications, that is,
regalations that have snbstantial direct
effects on the States, or on the
distribution of power and
responsibilities among the various
levels of governnmnt. Federal agencies
must closely examine the statutory
authority supporting any action that
would limit the policymaking discretion
of the States, and to the extent
practicable, must consult with State and
local officials before implementing any
such action.
We have reviewed this rule under
Executive Order 13132 and have
concluded that the rule does not have
federalism implications as defined by
the Executive Order. We have
determined that the rule does not
significantly affect the rights, roles, and
responsibilities of States, and involves
no preemption of State law nor does it
limit State policymaking discretion.
We will continue to evaluate the
planning requirements and will work
with interested parties as we implement
the plm~/ning requirements of 44 CFR
Part 201. In addition, we actively
encourage and solicit comments on this
interim rule from interested parties, and
we will consider them in preparing the
final rule.
Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
FEMA has reviewed this interim rule
under Executive Order 13175, which
became effective on February 6, 2001. In
reviewing the interim rule, we find that
it does not have "tribal implications" as
defined in Executive Order 13175
because it will not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Govbmment and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Moreover, the interim rule does not
impose substantial direct compliance
costs on Indian tribal governments, nor
does it preempt tribal law, impair treaty
rights nor limit the self-governing
powers of Indian tribal governments. In
fact, this interim rule relieves a burden
on Indian tribal governments by
allowing them to apply for PDM
planning grants after the November 1,
2004 deadline.
Congressional Review of Agency
Rulemaking
FEMA has sent this interim rule to the
Congress and to the General Accounting
Office under the Congressional Review
of Agency Rulemaking Act, Public Law
104-121. This interim rule is a not
"major rule" within the meaning of that
Act. It is an administrative action to
extend the time State and local
governments have to prepare mitigation
plans required by Section 322 of the
Stafford Act, as enacted in DMA 2099.
The interim rule will not result in a
major increase in costs or prices for
consumers, individual industries,
Federal, State, or local government
agencies, or geographic regions. It will
not have "significant adverse effects" on
competition, employment, investment,
productivity, innovation, or on the
ability of United States-based
enterprises to compete with foreign-
based enterprises. The rule is not an
unfunded Federal mandate within the
meaning of the Unfunded Mandates
Reform Act of 1995, Public Law 104-4,
and any enforceable duties that we
impose are a condition of Federal
assistance or a duty arising from
participation in a voluntary Federal
program.
List of Subjects in 44 CFR Par~s 201 and
206
Administrative practice and
procedure, Disaster assistance, Grant
programs, Mitigation planning,
Reporting and recordkeeping
requirements.
· Accordingly, FEMA amends 44 CFR,
Parts 201 and 206 as follows:
PART 201--MITIGATION PLANNING
· 1. The authority citation for part 201
continues to read as follows:
Aulhority: Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42
U.S.C. 5121-5206; Reorganization Plan No. 3
of 1978, 43 FR 41943, 3 CFR, 1978 Comp.,
p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979
Comp., p. 376; E.O. 12148, 44 FR 43239, 3
CFR, 1979 Comp., p. 412; and E.O. 12673, 54
FR 12571, 3 CFR, 1989 Comp., p. 214.
· 2. In § 201.3 add paragraph (c)(7) to
read as follows:
§201.3 Responsibilities.
(c) * * *
(7) If necessary, submit a request from
the Governor to the Director of FEMA,
requesting an extension to the plan
deadline in accordance with
§ 201.4(a)(2).
· 3. Revise § 201.4(a) to read as follows:
5201.4 Standard State Mitigation Plans.
(a) Plan requirement. (1) By November
1, 2004, States nrust have an approved
Standard State Mitigation Plan meeting
the requirements of this section in order
to receive assistance under the Stafford
Act, although assistance authorized
under disasters declared prior to
November 1, 2004 will continue to be
made available. Until that date, existing,
FEMA approved State Mitigation Plans
will be accepted. In any case, emergency
assistance provided under 42 U.S.C.
5170a, 5170b, 5173, 5174, 5177, 5179,
5180, 5182, 5183, 5184, 5192 will not be
affected. Mitigation planning grants
provided through the Pre-Disaster
Mitigatioo (PDM) program, authorized
under Section 2(13 of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S,C. 5133, will also
confinue to be available, The mitigation
plan is the demonstration of the State's
commitment to reduce risks from
natural hazards and serves as a guide for
State decision makers as they commit
resources to reducing the effects of
natural hazards. States may choose to
include the requirements of the HMGP
Administrative Plan in their mitigation
plan, but must comply with the
requirement for updates, amendments,
or revisions listed under 44 CFR
206.437.
(2) A Governor, or Indian tribal
leader, may request an extension to the
plan approval deadline by submitting a
request in writing to the Director of
FEMA, through the Regional Director.
At a minimum, this must be signed by
the Governor or the Indian tribal leader,
and must include justification for the
extension, identification of the reasons
the plan has not been completed,
identification of the amount of
additional }ime required to complete the
plan, and a strategy for finalizing the
plan. The Director of FEMA will review
each request and may grant a plan
approval extension of up to six months.
However, any extended plan approval
deadline will be no later than May 1,
2005.
· 4. Revise § 201.0Ia){1) to read as
follows:
§ 201.6 Local Mitigation Plans.
(1) For disasters declared on or after
November 1, 2004, a local government
must have a mitigation plan approved
pursuant to this section in order to
receive HMGP project grants.
PART 206---FEDERAL DISASTER
ASSISTANCE FOR DISASTERS
DECLARED ON OR AFTER
NOVEMBER 23, 1988
· 5. The authority citation for part 206
continues to read as follows:
Authority: Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42
Federal Register/Vol. 69, No. 176'/Monday, September 13~ 2004/Rules and Regulations 55097
U,S,C. 5121-5206: Ri~organization Plan No, 3
of 1978, 43 FR 41943.3 CFR, 1978 Comp.,
p. 329; E.O, 12127, 44 FR 19367, 3 CFR. 1979
Comp., p. :176; E.O. 12148, 44 FR 43239.3
CFR. 1979 Comp., p. 412: aad E.O. 12673.54
FR 12571, 3 CFR, 1989 Comp., p. 214.
· 6. Revise § 206.226(D) to read as
follows:
§ 206.226 Restoration of damaged
facilities.
(b) Mitigation planning. In order to
receive assistance under this section, as
of November 1, 2004 (subiect to 44 CFR
201.4(a)(2)), the State must have in
place a FEMA approved State Mitigation
Plan in accordance with 44 CFR part
201.
· 7. In § 2~6.432, revise paragraphs (b)
introductory text and (b)(1) to read as
follows:
§ 206.432 Federal grant assistance.
(b) Amounts of assistance. The total of
Federal assistance under this subpart
shall not exceed either 71/z or 20 percent
of the total estimated Federal assistance
(excluding administrative costs)
provided for a major disaster under 42
U.S.C. 5170b, 5172, 5173, 5174, 5177,
5178, 5183, and 5201 as follows:
(1) Seven and one-half (7V2) percent.
Effective November 1, 2004, a State with
an approved Standard State Mitigation
Plan, which meets the requirements
outlined in 44 CFR 201.4, shall be
eligible for assistance under the HMGP
not to exceed 7V:z percent of the total
estimated Federal assistance described
in this paragraph. Until that date,
existing FEMA approved State
Mitigation Plans will be accepted. States
may request an extension to the
deadline of up to six months to the
Director of FEMA by providing written
justification in accordance with 44 CFR
201.4(a)(2).
· 8. Revise § 206.434(b)[1) to read as
follows:
§206.434 Eligibility.
(b) * * *
(1) For all disasters declared on or
after November 1, 2004, local and
Indian tribal government applicants for
project subgrants must have an
approved local mitigation plan in
accordance with 44 CFR 201.6 prior to
receipt of HMGP subgrant funding for
projects. Until November 1, 2004, local
mitigation plans may be developed
concurrent with the implementation of
subgrants.
Michael D. Brown,
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 0, 1, and 54
[CC Docket No. 02-6; FCC 04-190]
Schools and Libraries Universal
Service Support Mechanism
AGENCY: Federal Communications
Commission.
ACTION: Final rule.
SUMMARY: In this document, the
Commission adopts measures to protect
against waste, fraud, and abuse in the
administration of the schools and
libraries universal service support
mechanism (also known as the E-rate
program). In particular, the Commission
resolves a number of issues that have '
arisen i¥om audit activities conducted as
part of ongoing oversight over the
administration of the universal service
fund, and we address programmatic
concerns raised by our Office of
Inspector General.
DATES: Effective October 13, 2004 except
for §§ 1.8003, 54.504(b)(2), 54.504(c)(1),
54.504(f), 54.508, and 54.516 which
contain information collection
requirements that are not effective until
approved by the Office of Management
and Budget. The FCC will publish a
document in the Federal Register
announcing the effective date for those
sections.
FOR FURTHER INFORMATION CONTACT:
Jennifer Schneider, Attorney, Wireline
Competition Bureau,
Telecommunications Access Policy
Division, (202) 418-7400.
SUPPLemENTaRY INFORMATION: This is a
summary of the Commission's Fifth
Report and Order, and Order in CC
Docket No. 02-6 released on August 13,
2004. The full text of this document is
available for public inspection during
regular business hours in the FCC
Reference Center, Room CY-A257, 445
Twelfth Street, SW., Washington, DC,
20554.
I. Introduction
1. In this order, we adopt measures to
protect against waste, fraud, and abuse
in the administration of the schools and
libraries universal service support
mechanism (also known as the E-rate
program). In particular, we resolve a
number of issues that havb arisen from
audit activities conducted as part of
ongoing oversight over the
administration of the universal service
fund, and we address programmatic
conceros raised by our Office of
Inspector General~(OIG). First. we set
tbrth a tYamework regarding what
amounts should be recovered by the
Universal Service Administrative
Company (USAC or Administrator) and
the Commission when funds have been
disbursed in violation of specific
statutory provisions and Commission
rules. Second, we announce our policy
regarding the timeframe in which USAC
and the Commission will conduct audits
or other investigations relating to use of
E-rate funds. Third, we eliminate the
current option to offset amounts
disbursed in violation of the statute or
a rule against other funding
commitments, Fourth, we extend our
red light rule previously adopted
pursuant to the Debt Collection
Improvement Act (DCIA) to bar
beneficiaries or service providers t¥om
receiving additional benefits under the
schools and libraries program if they
have failed to satisfy any outstanding
obligation to repay monies into the
fund. Fifth, we adopt a strengthened
document retention requirement to
enhance our ability to conduct all
necessary oversight and provide a
stronger enforcement tool for detecting
statutory and rule violations. Sixth, we
modify our current requirements
regarding the timing, content and
approval of technology plans, Seventh,
we amend our beneficiary certification
requirements to enhance our oversight
and enforcement activities. Eighth, we
direct USAC to submit a plan for timely
audit resolution, and we delegate
authority to the Chief of the Wireline
Competition Bureau to resolve audit
findings. Finally, we direct USAC to
submit on an annual basis a list of all
USAC administrative procedures to the
Wireline Competition Bureau (Bureau)
for review and further action, if
necessary, to ensure that such
procedures effectively serve our
objective of preventing waste, fraud and
abuse.
II. Fifth Report and Order
2. Since the inception of the schools
and libraries support mechanism,
schools and libraries have been subiect
to audits to determine compliance with
the program rules and requirements.
Audits are a too] for the Commission
and USAC, as directed by the
[CFR] ErlTLE 44] [PART 201]
TITLE 44 - EMERGENCY MANAGEMENT AND ASSISTANCE
[67 FR 8848, Feb. 26, 2002, as amended at 67 FR 61515, Oct. 1, 2002; 68 FR 61370,
Oct. 28, 2003; 69 FR 55096, Sept. 13, 2004]
Part 201 - Miti.qation Plannin.q
Table of Contents:
201.1. Purpose
201.2. Definitions
201.3. Responsibilities
201.4. Standard State Mitigation Plans
201.5. Enhanced State Mitigation Plans
201.6. Local Mitigation Plans
Authority:
· Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-
5206; Reorganization Plan No. 3 of 1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329;
E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376; E.O. 12148, 44 FR 43239, 3
CFR, 1979 Comp., p. 412; and E.O. 12673, 54 FR 12571, 3 CFR, 1989 Comp., p. 214.
Source:
67 FR 8848, Feb. 26, 2002, unless otherwise noted.
§1. Purpose
(a) The purpose of this part is to provide information on the polices and procedures for
mitigation planning as required by the provisions of section 322 of the Stafford Act, 42
U.S.C. 5165.
(b) The purpose of mitigation planning is for State, local, and Indian tribal governments
to identify the natural hazards that impact them, to identify actions and activities to
reduce any losses from those hazards, and to establish a coordinated process to
implement the plan, taking advantage of a wide range of resources.
§2. Definitions
Grantee means the government to which a grant is awarded, which is accountable for
the use of the funds provided. The grantee is the entire legal entity even if only a
particular component of the entity is designated in the grant award document.
Generally, the State is the grantee. However, after a declaration, an Indian tribal
government may choose to be a grantee, or may act as a subgrantee under the State.
An Indian tribal government acting as grantee will assume the responsibilities of a
"state", as described in this part, for the purposes of administering the grant.
Hazard mitigation means any sustained action taken to reduce or eliminate the long-
term risk to human life and property from hazards.
Hazard Mitigation Grant Program means the program authorized under section 404 of
the Stafford Act, 42 U.S.C 5170c and implemented at 44 CFR Part 206, Subpart N,
which authorizes funding for certain mitigation measures identified through the
evaluation of natural hazards conducted under section 322 of the Stafford Act 42 U.S.C
5165.
Indian tribal government means any Federally recognized governing body of an Indian
or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of
Interior acknowledges to exist as an Indian tribe under the Federally Recognized Tribe
List Act of 1994, 25 U.S.C. 479a. This does not include Alaska Native corporations, the
ownership of which is vested in private individuals.
Local government is any county, municipality, city, town, township, public authority,
school district, special district, intrastate district, council of governments (regardless of
whether the council of governments is incorporated as a nonprofit corporation under
State law), regional or interstate government entity, or agency or instrumentality of a
local government; any Indian tribe or authorized tribal organization, or Alaska Native
village or organization; and any rural community, unincorporated town or village, or
other public entity.
Managing State means a State to which FEMA has delegated the authority to
administer and manage the HMGP under the criteria established by FEMA pursuant to
42 U.S.C. 5170c(c). FEMA may also delegate authority to tribal governments to
administer and manage the HMGP as a Managing State.
Regional Director is a director of a regional office of FEMA, or his/her designated
representative.
Small and impoverished communities means a community of 3,000 or fewer
individuals that is identified by the State as a rural community, and is not a remote area
within the corporate boundaries of a larger city; is economically disadvantaged, by
having an average per capita annual income of residents not exceeding 80 percent of
nationalr per capita income, based on best available data; the local unemployment rate
exceeds by one percentage point or more, the most recently reported, average yearly
national unemployment rate; and any other factors identified in the State Plan in which
the community is located.
The Stafford Act refers to the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, Public Law 93-288, as amended (42 U.S.C. 5121-5206).
State is any State of the United States, the District of Columbia, Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana
Islands.
State Hazard Mitigation Officer is the official representative of State government who is
the primary point of contact with FEMA, other Federal agencies, and local governments
in mitigation planning and implementation of mitigation programs and activities required
under the Stafford Act.
Subgrantee means the government or other legal entity to which a subgrant is
awarded and which is accountable to the grantee for the use of the funds provided.
Subgrantees can be a State agency, local government, private non-profit organizations,
or Indian tribal government. Indian tribal governments acting as a subgrantee are
accountable to the State grantee.
§3. Responsibilities
(a) General. This section identifies the key responsibilities of FEMA, States, and
local/tribal governments in carrying out section 322 of the Stafford Act, 42 U.S.C. 5165.
(b) FEMA. The key responsibilities of the Regional Director are to:
(1) Oversee all FEMA related pre- and post-disaster hazard mitigation
programs and activities;
(2) Provide technical assistance and training to State, local, and Indian tribal
governments regarding the mitigation planning process;
(3) Review and approve all Standard and Enhanced State Mitigation Plans;
(4) Review and approve all local mitigation plans, unless that authority has
been delegated to the State in accordance with §201.6(d);
(5) Conduct reviews, at least once every three years, of State mitigation
activities, plans, and programs to ensure that mitigation commitments are
fulfilled, and when necessary, take action, including recovery of funds or denial of
future funds, if mitigation commitments are not fulfilled.
(c) State. The key responsibilities of the State are to coordinate all State and local
activities relating to hazard evaluation and mitigation and to:
(1) Prepare and submit to FEMA a Standard State Mitigation Plan following the
criteria established in §201.4 as a condition of receiving Stafford Act assistance
(except emergency assistance).
(2) In order to be considered for the 20 percent HMGP funding, prepare and
submit an Enhanced State Mitigation Plan in accordance with §201.5, which
must be reviewed and updated, if necessary, every three years from the date of
the approval of the previous plan.
(3) At a minimum, review and, if necessary, update the Standard State'
Mitigation Plan by November 1, 2004 and every three years from the date of the
approval of the previous plan in order to continue program eligibility.
(4) Make available the use of up to the 7 percent of HMGP funding for planning
in accordance with §206.434.
(5) Provide technical assistance and training to local governments to assist
them in applying for HMGP planning grants, and in developing local mitigation
plans.
(6) For Managing States that have been approved under the criteria
established by FEM^ pursuant to 42 U.S.C. 5170c(c), review and approve local
mitigation plans in accordance with §201.6(d).
(7) If necessary, submit a request from the Governor to the Director of FEMA,
requesting an extension to the plan deadline in accordance with §201.4(a)(2).
(d) Local governments. The key responsibilities of local governments are to:
(1) Prepare and adopt a jurisdiction-wide natural hazard mitigation plan as a
condition of receiving project grant funds under the HMGP, in accordance with
§201.6.
(2) At a minimum, review and, if necessary, update the local mitigation plan
every five years from date of plan approval to continue program eligibility.
(e) Indian tdbal governments. Indian tribal governments will be given the option of
applying directly to us for Hazard Mitigation Grant Program funding, or they may choose
to apply through the State. If they apply directly to us, they will assume the
responsibilities of the State, or grantee, and if they apply through the State, they will
assume the responsibilities of the local government, or subgrantee.
[67 FR 8848, Feb. 26, 2002, as amended at 67 FR 61515, Oct. 1,2002; 69 FR 55096,
Sept. 13, 2004]
§4. Standard State MitiRation Plans
(a) P/an requirement. (1) By November 1, 2004, States must have an approved
Standard State Mitigation Plan meeting the requirements of this section in order to
receive assistance under the Stafford Act, although assistance authorized under
disasters declared prior to November 1, 2004 will continue to be made available. Until
that date, existing, FEMA approved State Mitigation Plans will be accepted. In any case,
emergency assistance provided under 42 U.S.C. 5170a, 5170b, 5173, 5174, 5177,
5179, 5180, 5182, 5183, 5184, 5192 will not be affected. Mitigation planning grants
provided through the Pre-Disaster Mitigation (PDM) program, authorized under Section
203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
5133, will also continue to be available. The mitigation plan is the demonstration of the
State's commitment to reduce risks from natural hazards and serves as a guide for
State decision makers as they commit resources to reducing the effects of natural
hazards. States may choose to include the requirements of the HMGP Administrative
Plan in their mitigation plan, but must comply with the requirement for updates,
amendments, or revisions listed under 44 CFR 206.437.
(2) A Governor, or Indian tribal leader, may request an extension to the plan
approval deadline by submitting a request in writing to the Director of FEMA,
through the Regional Director. At a minimum, this must be signed by the
Governor or the Indian tribal leader, and must include justification for the
extension, identification of the reasons the plan has not been completed,
identification of the amount of additional time required to complete the plan, and
a strategy for finalizing the plan. The Director of FEMA will review each request
and may grant a plan approval extension of up to six months. However, any
extended plan approval deadline will be no later than May 1,2005.
(b) Planning process. An effective planning process is essential in developing and
maintaining a good plan. The mitigation planning process should include coordination
with other State agencies, appropriate Federal agencies, interested groups, and be
integrated to the extent possible with other ongoing State planning efforts as well as
other FEMA mitigation programs and initiatives.
(c) Plan content. To be effective the plan must include the following elements:
(1) Description of the planning process used to develop the plan, including
how it was prepared, who was involved in the process, and how other agencies
participated.
(2) Risk assessments that provide the factual basis for activities proposed in
the strategy portion of the mitigation plan. Statewide risk assessments must
characterize and analyze natural hazards and risks to provide a statewide
overview. This overview will allow the State to compare potential losses
throughout the State and to determine their priorities for implementing mitigation
measures under the strategy, and to prioritize jurisdictions for receiving technical
and financial support in developing more detailed local risk and vulnerability
assessments. The risk assessment shall include the following:
(i) An overview of the type and location of all natural hazards that can
affect the State, including information on previous occurrences of hazard
events, as well as the probability of future hazard events, using maps
where appropriate;
(ii) An overview and analysis of the State's vulnerability to the hazards
described in this paragraph (c)(2), based on estimates provided in local
risk assessments as well as the State risk assessment. The State shall
describe vulnerability in terms of the jurisdictions most threatened by the
identified hazards, and most vulnerable to damage and loss associated
with hazard events. State owned critical or operated facilities located in
the identified hazard areas shall also be addressed;
(iii) An overview and analysis of potential losses to the identified
vulnerable structures, based on estimates provided in local risk
assessments as well as the State risk assessment. The State shall
estimate the potential dollar losses to State owned or operated buildings,
infrastructure, and critical facilities located in the identified hazard areas.
(3) A Mitigation Strategy that provides the State's blueprint for reducing the
losses identified in the risk assessment. This section shall include:
(i) A description of State goals to guide the selection of activities to
mitigate and reduce potential losses.
(ii) A discussion of the State's pre- and post-disaster hazard
management policies, programs, and capabilities to mitigate the hazards
in the area, including: an evaluation of State laws, regulations, policies,
and programs related to hazard mitigation as well as to development in
hazard-prone areas; a discussion of State funding capabilities for hazard
mitigation projects; and a general description and analysis of the
effectiveness of local mitigation policies, programs,, and capabilities.
(iii) An identification, evaluation, and prioritization of cost-effective,
environmentally sound, and technically feasible mitigation actions and
activities the State is considering and an explanation of how each activity
contributes to the overall mitigation strategy. This section should be linked
to local plans, where specific local actions and projects are identified.
(iv) Identification of current and potential sources of Federal, State, local,
or private funding to implement mitigation activities.
(4) A section on the Coordination of Local Mitigation Planning that includes
the following:
(i) A description of the State process to support, through funding and
technical assistance, the development of local mitigation plans.
(ii) A description of the State process and timeframe by which the local
plans will be reviewed, coordinated, and linked to the State Mitigation
Plan.
(iii) Cdteria for prioritizing communities and local jurisdictions that would
receive planning and project grants under available funding programs,
which should include consideration for communities with the highest risks,
repetitive loss properties, and most intense development pressures.
Further, that for non-planning grants, a principal criterion for prioritizing
grants shall be the extent to which benefits are maximized according to a
cost benefit review of proposed projects and their associated costs.
(5) A Plan Maintenance Process that includes:
(i) An established method and schedule for monitoring, evaluating, and
updating the plan.
(ii) A system for monitoring implementation of mitigation measures and
project closeouts.
(iii) A system for reviewing progress on achieving goals as well as
activities and projects identified in the Mitigation Strategy.
(6) A Plan Adoption Process. The plan must be formally adopted by the State
prior to submittal to us for final review and approval.
(7) Assurances. The plan must include assurances that the State will comply
with all applicable Federal statutes and regulations in effect with respect to the
periods for which it receives grant funding, in compliance with 44 CFR 13.11(c).
The State will amend its plan whenever necessary to reflect changes in State or
Federal laws and statutes as required in 44 CFR 13.11(d).
(d) Review and updates. Plan must be reviewed and revised to reflect changes in
development, progress in statewide mitigation efforts, and changes in priorities and
resubmitted for approval to the appropriate Regional Director every three years. The
Regional review will be completed within 45 days after receipt from the State, whenever
possible. We also encourage a State to review its plan in the post-disaster timeframe to
reflect changing priorities, but it is not required.
[67 FR 8848, Feb. 26, 2002, as amended at 67 FR 61515, Oct. 1,2002; 69 FR 55096,
Sept. 13, 2004]
.~5. Enhanced State Mitigation Plans
(a) A State with a FEMA approved Enhanced State Mitigation Plan at the time of a
disaster declaration is eligible to receive increased funds under the HMGP, based on
twenty percent of the total estimated eligible Stafford Act disaster assistance. The
Enhanced State Mitigation Plan must demonstrate that a State has developed a
comprehensive mitigation program, that the State effectively uses available mitigation
funding, and that it is capable of managing the increased funding. In order for the State
to be eligible for the 20 percent HMGP funding, FEMA must have approved the plan
within three years prior to the disaster declaration.
(b) Enhanced State Mitigation Plans must include all elements of the Standard State
Mitigation Plan identified in §201.4, as well as document the following:
(1) Demonstration that the plan is integrated to the extent practicable with other
State and/or regional planning initiatives (comprehensive, growth management,
economic development, capital improvement, land development, and/or
emergency management plans) and FEMA mitigation programs and initiatives
that provide guidance to State and regional agencies.
(2) Documentation of the State's project implementation capability, identifying
and demonstrating the ability to implement the plan, including:
(i) Established eligibility criteria for multi-hazard mitigation measures.
(ii) A system to determine the cost effectiveness of mitigation measures,
consistent with OMB Cimular A-94, Guidelines and Discount Rates for
Benefit-Cost Analysis of Federal Programs, and to rank the measures
according to the State's eligibility criteria.
(iii) Demonstration that the State has the capability to effectively manage
the HMGP as well as other mitigation grant programs, including a record
of the following:
(A) Meeting HMGP and other mitigation grant application
timeframes and submitting complete, technically feasible, and
eligible project applications with appropriate supporting
documentation;
(B) Preparing and submitting accurate environmental reviews and
benefit-cost analyses;
(C) Submitting complete and accurate quarterly progress and
financial reports on time; and
(D) Completing HMGP and other mitigation grant projects within
established performance periods, including financial reconciliation.
(iv) A system and strategy by which the State will conduct an
assessment of the completed mitigation actions and include a record of
the effectiveness (actual cost avoidance) of each mitigation action.
(3) Demonstration that the State effectively uses existing mitigation programs
to achieve its mitigation goals.
(4) Demonstration that the State is committed to a comprehensiv~ state
mitigation program, which might include any of the following:
(i) A commitment to support local mitigation planning by providing
workshops and training, State planning grants, or coordinated capability
development of local officials, including Emergency Management and
Floodplain Management certifications.
(ii) A statewide program of hazard mitigation through the development of
legislative initiatives, mitigation councils, formation of public/private
partnerships, and/or other executive actions that promote hazard
mitigation.
(iii) The State provides a portion of the non-Federal match for HMGP
and/or other mitigation projects.
(iv) To the extent allowed by State law, the State requires or encourages
local governments to use a current version of a nationally applicable
model building code or standard that addresses natural hazards as a
basis for design and construction of State sponsored mitigation projects.
(v) A comprehensive, multi-year plan to mitigate the dsks posed to
existing buildings that have been identified as necessary for post-disaster
response and recovery operations.
(vi) A comprehensive description of how the State integrates mitigation
into its post-disaster recovery operations.
(c) Review and updates. (1) A State must review and revise its plan to reflect changes
in development, progress in statewide mitigation efforts, and changes in priorities, and
resubmit it for approval to the appropriate Regional Director every three years. The
Regional review will be completed within 45 days after receipt from the State, whenever
possible.
(2) In order for a State to be eligible for the 20 percent HMGP funding, the
Enhanced State Mitigation plan must be approved by FEMA within the three
years prior to the current major disaster declaration.
§6. Local Miti.qation Plans
The local mitigation plan is the representation of the jurisdiction's commitment to
reduce dsks from natural hazards, serving as a guide for decision makers as they
commit resources to reducing the effects of natural hazards. Local plans will also serve
as the basis for the State to provide technical assistance and to prioritize project
funding.
(a) Plan requirements.
(1) For disasters declared on or after November 1, 2004, a local government
must have a mitigation plan approved pursuant to this section in order to receive
HMGP project grants.
(2) Local governments must have a mitigation plan approved pursuant to this
section in order to receive a project grant through the Pre-Disaster Mitigation
(PDM) program under any Notice of funding opportunity issued after November
1, 2003. The PDM program is authorized under {}203 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5133. PDM planning
grants will continue to be made available to local governments after this time to
enable them to meet the requirements of this section.
(3) Regional Directors may grant an exception to the plan requirement in
extraordinary circumstances, such as in a small and impoverished community,
when justification is provided. In these cases, a plan Will be completed within 12
months of the award of the project grant. If a plan is not provided within this
timeframe, the project grant will be terminated, and any costs incurred after
notice of grant's termination will not be reimbursed by FEMA.
(4) Multi-jurisdictional plans ( e.g. watershed plans) may be accepted, as
appropriate, as long as each jurisdiction has participated in the process and has
officially adopted the plan. State-wide plans will not be accepted as multi-
jurisdictional plans.
(b) Planning process. An open public involvement process is essential to the
development of an effective plan. In order to develop a more comprehensive approach
to reducing the effects of natural disasters, the planning process shall include:
(1) An opportunity for the public to comment on the plan during the drafting
stage and prior to plan approval;
(2) An opportunity for neighboring communities, local and regional agencies
involved in hazard mitigation activities, and agencies that have the authority to
regulate development, as well as businesses, academia and other private and
non-profit interests to be involved in the planning process; and
(3) Review and incorporation, if appropriate, of existing plans, studies, reports,
and technical information.
(c) Plan content. The plan shall include the following:
(1) Documentation of the planning process used to develop the plan, including
how it was prepared, who was involved in the process, and how the public was
involved.
(2) A risk assessment that provides the factual basis for activities proposed in
the strategy to reduce losses from identified hazards. Local risk assessments
must provide sufficient information to enable the jurisdiction to identify and
prioritize appropriate mitigation actions to reduce losses from identified hazards.
The risk assessment shall include:
(i) A description of the type, location, and extent of all natural hazards
that can affect the jurisdiction. The plan shall include information on
previous occurrences of hazard events and on the probability of future
hazard events.
(ii) A description of the jurisdiction's vulnerability to the hazards
described in paragraph (c)(2)(i) of this section. This description shall
include an overall summary of each hazard and its impact on the
community. The plan should describe vulnerability in terms of:
(A) The types and numbers of existing and future buildings,
infrastructure, and cdtical facilities located in the identified hazard
areas;
(B) An estimate of the potential dollar losses to vulnerable
structures identified in paragraph (c)(2)(i)(A) of this section and a
description of the methodology used to prepare the estimate;
(C) Providing a general description of land uses and development
trends within the community so that mitigation options can be
considered in future land use decisions.
(iii) For multi-jurisdictional plans, the risk assessment section must
assess each jurisdiction's risks where they vary from the risks facing the ·
entire planning area.
(3) A mitigation strategy that provides the jurisdiction's blueprint for reducing
the potential losses identified in the risk assessment, based on existing
authorities, policies, programs and resources, and its ability to expand on and
improve these existing tools. This section shall include:
(i) A description of mitigation goals to reduce or avoid long-term
vulnerabilities to the identified hazards.
(ii) A section that identifies and analyzes a comprehensive range of
specific mitigation actions and projects being considered to reduce the
effects of each hazard, with particular emphasis on new and existing
buildings and infrastructure.
(iii) An action plan describing how the actions identified in paragraph
(c)(2)(ii) of this section will be prioritized, implemented, and administered
by the local jurisdiction. Prioritization shall include a special emphasis on
the extent to which benefits are maximized according to a cost benefit
review of the proposed projects and their associated costs.
(iv) For multi-jurisdictional plans, there must be identifiable action items
specific to the jurisdiction requesting FEMA approval or credit of the plan.
(4) A plan maintenance process that includes:
(i) A section describing the method and schedule of monitoring,
evaluating, and updating the mitigation plan within a five-year cycle.
(ii) A process by which local governments incorporate the requirements
of the mitigation plan into other planning mechanisms such as
comprehensive or capital improvement plans, when appropriate.
(iii) Discussion on how the community will continue public participation in
the plan maintenance process.
(5) Documentation that the plan has been formally adopted by the governing
body of the jurisdiction requesting approval of the plan (e.g., City Council, County
Commissioner, Tribal Council). For multi-jurisdictional plans, each jurisdiction
requesting approval of the plan must document that it has been formally adopted.
(d) Plan review. (1) Plans must be submitted to the State Hazard Mitigation Officer for
initial review and coordination. The State will then send the plan to the appropriate
FEM^ Regional Office for formal review and approval.
(2) The Regional review will be completed within 45 days after receipt from the
State, whenever possible.
(3) Plans must be reviewed, revised if appropriate, and resubmitted for
approval within five years in order to continue to be eligible for HMGP project
grant funding.
(4) Managing States that have been approved under the criteria established by
FEMA pursuant to 42 U.S.C. 5170c(c) will be delegated approval authority for
local mitigation plans, and the review will be based on the criteria in this part.
Managing States will review the plans within 45 days of receipt of the plans,
whenever possible, and provide a copy of the approved plans to the Regional
Office.
[67 FR 8848, Feb. 26, 2002, as amended at 67 FR 61515, Oct. 1, 2002; 68 FR 61370,
Oct. 28, 2003; 69 FR 55096, Sept. 13, 2004]
APPENDIX B
[Note: To Insert Adoption Resolutions When They Are Passed.]
DMA 2000 Ha~a~ ~i~aiion Plan i suffOlk bounty, Ne~ %rk Page B-1
DRAFT- September 2007
APPENDIX C: Suffolk County Hazard Preparedness
Questionnaire Results - as of July 16, 2007
STATISTICS ON RESPONSES
Total Responses: 180
Location of Respondents:
12.2% 31.7% 0.0% 7.8% 17.2%
3.3% 6.1% 13.9% 2.2% 5.6%
Gender of Respondents: (177 responses)
Male - 50.8 % Female - 49.2 %
Age Range of Respondents: (179 responses)
8.4% 14.5%
34.1% 20.7% 22.3%
Highest Level of Education: (177 responses)
0.6% 1.1% 6.8% 27.1%
Length of Time Residing in Suffolk County: (177 responses)
41.8% 22.6%
1.7% 4.5% 5.1% 9.0% 79.7%
Own or Rent: (176 responses)
Own - 87.6 % Rent - 12.4 %
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York C-1
July 2007
SUMMARY OF RESPONSES
Note: Not all questions were answered by each respondent; therefore, the percentage presented has
been calculated based on the number of respondents that answered the specific question
and not the overall number of questionnaires submitted either online or via hard-copy.
Respondents were asked "In the past 10 years, which of the following types of natural
hazards have you or someone in your household experienced within Suffolk County?" Respondents
could choose as many hazards as they felt applied.
Nor'Easters 82.8%
Severe Winter Storm 67.8%
Severe Storm 60.0%
Ice Storm 47.2%
Flooding - Street 40.6%
Coastal Storm 37.8%
Hurricane 36.7%
Excess Temperatures 35.0%
Flooding- Basement 29.4%
Coastal Erosion 24.4%
Flooding - Property 21.7%
Drought 15.0%
Ground Seepage 14.4%
Wildfire 11.1%
Groundwater Contamination 8.9%'
Flooding - 1st Floor 6.7%
Flooding - Urban 6.7%
infestation 6.7%
Other Peril 5.0%
Tornado 2.2%
Ice Jam 1.7%
I Land Subsidence 1.1%
Earthquake 0,6%
Epidemic 0.6%
Flooding - Higher 0.6%
Avalanche 0.0%
Expansive Soils 0,0%
Landslide 0.0%
Tsunami 0.0%
Volcano 0.0%
July 2007 .
)~::~ ~ - ~ How concerned are you about the following natural hazards impacting Suffolk County.'?
Respondents were asked to select their hazard concern level. The following table shows the number of
responses for each hazard concern level. The Overall Ranking was calculated by multiplying the number
of responses in each hazard concern level by the concern ranking factor and summarizing across.all five
concern levels.
Concern Rank Factor
Hurricane 5 18 37
Coastal Storm 9 24 46
Nor'Easters 5 27 51
11
16
Severe Winter Storm
28
23
Groundwater
51
43
46 69 506
43 49 441
45 44 440
49
39
31
43
401
398
$on. tamination
Coastal Erosion 15 41 35 40 41 395
Severe Storm 9 34 52 42 31 388
Flooding - Property 42 42 29 27 33 313 '
Flooding - Street 40 45 26 32 29 309
Flooding - Basement 47 36 21 30 33 300
Ice Storm 25 47 45 34 14 295
Epidemic 43 46 36 ' 24 17 258
Infestation 40 42 46 24 10 246
Excess. Temps, 44 54 38 21 10 233
Flooding - 1st Floor 69 41 20 17 21 216
Ground Seepage 57 39 38 15 14 216
Wildfire 52 53 32 19 10 214
Drought 56 47 48 7 6 188
Flooding - Urban 74 37 22 7 18 174
Tornado 72 55 29 4 6 149
Ice Jam 85 30 24 14 7 148
14
14
141
Flooding - Higher 102 25
'l'sunami 100 28 16 10 11 1 34
Land Subsidence 106 27 17 6 2 87
Expansive Soils 106 33 14 4 2 81
Other Pedl 95 9 8 3 10 74
Earthquake 124 29 8 1 I 52
Landslide 137 12 8 5 2 51
Avalanche 161 2 2 0 2 14
~/olcano 156 4 1 0 1 10
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York C-3
July 2007
¢: Please rank how prepared you feel you and your household are for the probable impacts
of natural events likely to occur within Suffolk County? Respondents were asked to rank their level of
hazard preparedness on a scale of I to 5, 5 being the most prepared. (175 responses)
O s~,~ m ~: Why do you think you are prepared for the probable impacts of natural events likely to
occur within Suffolk County? Respondents were asked to check all that apply. (159 responses) The
following percentage of respondents indicated the following:
52.2 % Emergency preparedness information from a government source
(e.g., federal, state, or local emergency management)
73.0 % Have experienced one or more natural hazard events.
59.1% Locally provided news or other media information.
7.5 % Schools and other academic institutions.
27.7 % Attended meetings that have dealt with disaster preparedness.
Q~e ~(~ # ~ 2: Respondents were asked to identify the most effective ways to disseminate information on
the impacts of and how to prepare for natural disasters. They were asked to give their top three choices
' from a list of 19 selections. The number of responses for each choice is indicated in the table below for
the top 16 choices:
TV News 61 31 16 108
Newspaper-Newsday 18 24 17 59
Radio News 11 25 16 52
Intemet 8 14 25 47
Informational Brochures 13 14 13 40
Fire Department/EMS Agency 6 6 18 30
Public Meetings 9 9 10 28
Public Awareness Programs 5 8 8 21
TV Advertisements 10 5 5 20
Newspaper-Local/Regional 7 5 5 17
Newspaper-Suffolk Life 6 6 5 17
Public Forums-Workshops 6 6 3 15
Public Forums-Schools 0 5 6 11
Telephone Book 4 0 4 8
Public Library 3 0 3 6
Church 0 3 3 6
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York C-4
July 2007
Flooding and Hazard Insurance
Qc~ ~m To the best of your knowledge, is your property located in a designated floodplain? (174
responses )
Yes: 16.1% No: 54.6 % Not Sure: 29.3 %
(}~c*~im~ ': 1,4 Respondents were asked if they do NOT have flood insurance, what was the primary
reason?
Didnotneed it/property notin floodplain I 0.0% 41.4% 10.3%
Believedhomeowners insurancewould I 11.1% 1.4% 2.6%
c_o.ve , in I
Feltit was too expensive I 33.3% 11.4% 28.2%
Felt it was notworthit I 0.0% 1.4% 2.6%
Were notfarWfliar withit or(fid notknow I 0.0% 7.1% 25.6%
aboutit I
"Total Responses (don't have ins.) I 9 70 39
TotalNon-Responses* [ 19 25 13
* Note: It cannot be assumed that all who did not respond to this question have flood insurance.
Qnesthm # 15: Respondents were asked if they have had, or are having, problems getting
homeowners/renters insurance.
Yes: 11.8% No: 88.2
Question # 16: Respondems were asked "If you do NOT have any special hazard riders on your
homeowners/renters insurance (i.e., hurricane, tornado, sewer/basement flooding), what is the primary
reason?" Of those who responded to this question, the responses were as follows:
13.3 % said they never considered it.
2.8 % said it they don't need it/not vulnerable.
12.8 % said it is too expensive.
4.4 % said they it is not worth it/deductibles are too high.
13.3 % said they are not familiar with it/don't know about it.
1.9% listed other reasons.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York C-5
July 2007
Natural Hazard Mitigation
Respondents were asked "Did you consider the impact a natural disaster would have on
your home before you purchased/moved in to your home?" The responses were as follows:
Yes: 40.6 % No: 57.2 %
Of those who indicated that they believed they were located in a designated floodplain, the responses
were as follows:
Yes: 50.0 % No: 46.4 %
, ~ ~. Was the presence of a natural hazard risk zone (i.e., flood zone, urban wild land interface)
disclosed to you by a Real Estate Agent, seller, or landlord before you purchase&moved into to your
home? The responses were as follows:
Yes: 12.2 % No: 82.8 %
Of those who indicated that they believed they were located in a designated floodplain, the responses
were as follows:
Yes: 17.9 % No: 78.6 %
Q,es~t ~ ~<~ ~;~: Would the disclosure of this type of information' influence your decision to
purchase/move into a home? The responses were as follows:
Yes: 78.3 % No: 17.2 %
Of those who indicated that they believed they were located in a designated floodplain, the responses
were as follows:
Yes: 78.6 % No: 17.9 %
Qm~s~i~m # 20: Would you be willing to spend money on your current home to retrofit it from the impacts
of future possible natural disasters within Suffolk County? (Examples of retrofitting are: Elevating a
flood-prone home, or replacing a combustible roof covering with non-combustible roofing). The
responses were as follows:
Yes: 66.1% No: 23.9 %
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York C-6
July 2007
? e:~ ~ ~: 2 Respondents were asked how much money they would be willing to spend to better
protect their home and family from the impacts of natural disasters. The responses were as follows:
26.7 % selected $5,000 and above.
11.7 % selected $2,500 to $4,999
12.8 % selected $1,000 to $2,499
5.6 % selected $500 to $999
1.1% selected $100 to $499
1.1% selected less than $100
9.4 % selected "Nothing"
19.4 % selected "Don't Know"
Ques~i<m 22: Respondents were asked to choose which incentives would motivate them to spend money
to retrofit their home from the possible impacts of natural disasters. They could select more than one
incentive. The response results were as follows:
60.0 % selected "Building permit fee waiver"
79.4 % selected "Insurance premium discount"
47.2 % selected "Mortgage discount"
85.6 % selected "Property tax breaks or incentive"
55.0 % selected "Low interest rate loan"
4.4 % selected "None"
0 % selected "Other"
~ 23: If your property were located in a designated "high hazard" area, or had received repetitive
damages from a natural hazard event, would you consider a 'buyout" or relocation offered by a public
agency? The responses were as follows:
Yes: 68.3 % No: 21.1%
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York C-7
July 2007
APPENDIX D: MITIGATION CATALOG
This appendix provides a comprehensive list of mitigation actions considered by Suffolk County and
participating jurisdictions that met the goals and objectives of the Plan.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York D-1
DRAFT - September 2007
Suffolk County Natural Hazards Mitigation Plan
8~8~2007
Catalogue of Risk Reduction Measures
Risk is defined as being a function of the:
Hazard
Exposure
Vulnerability, and
Capability
Therefore risk can be reduced through mitigation by manipulating the hazard, reducing exposure to the hazard,
reducing the vulnerability and/or increasing capability. And, where mitigation is not yet possible, the risk can be
reduced through preparation, response or/and recovery. The list is not meant to be exhaustive, but to inspire
thought.
Hazard Category
Catalog of Risk
Reduction 'J~-~ ~ I"Jl'llllr
Manipulate Hazard Reduce Exposure Reduce Vulnerability Increase Capability
Personal Scale None 2. Retrofit your home to meet current building ccde 2. Stockpile properly protection measures to be utilized once
1. Pa~cipete in volunta~ property acquisition/relocation 1. Retrofit your facilities to meet current building ccde 1. Develop a Continuity of Operations Plan (COOP) to
2. Maintain drainage facilities that service your properly. 2. Buy Flood [hsurance
to provide property protection components such as plywood
pending coastal storms.
enclosure prohibitions, coastal zone setbacks, lower of their impacts at rite local level. Seek to coordinate all levels
substantial damage thresholds, ~'~mconv~rsion deed of planning with this regard.
restdctions
2. Consider open space land uses in areas of high risk 2. Elevate vulnerable properties in high risk areas impacted 2. Support/enhance code enforcement programs at the local
3. Acquire or relocate vulnerable properties in high risk 3. Adopt/emend building codes such that they will address 3. Continue to develop, enhance and implement existing
technology/information as it become available.
4. Place utilities underground when and where appropriate, 4. Implement tree management programs. 4. Develop a post-disaster action plan for coastal straome
Government Scale None 5. Consider Iow-density land use in high risk coastal zc~es. 5. Elevate roads that are vifal/cdtical to evacuation and Iccal 5. Promote the purchase of Fkod Insurance
community operations.
6, Design or enhance existing drainage systems for higher 6. Adopt regulations [hat require the disclosure of ocean-
design storms to provide increased capacity of the drainage related hazards at the time of the purchase or sale of real
system, property.
7. Maintain the drainage intrastrucfare to levels that equal or 7. Implement measures that will provide or help to provide
exceed their design specifications, propeKy protection measures to property owners prior to the
8. Utilize the best available technology to provide eady
warning of pending coastal sfon*ns to provide ample time to
implement property protection measures.
9. Educate the public on ways to protect their properly before
Catalog of Risk Hazard Cate~r~
Reduction ,,r i~ltll-ii.~ll.i
Measures Manipulate Hazard Reduce Exposure Reduce Vulnerabilit~ Increase Capability
1. Partidpate in voluntary property 1. Become informed on the importance of Coastal
None acquisition/relocation programs sponsored by None Zone Management and ways you can support those
Personal Scale federal, State or local agencies, programs and principals.
2, E~uy Flood Insurance
1. Participate in voluntary property
None acquisition/relocation programs sponsored by 1. Implement maintenance of privately owned 1, Become a stakeholder in coastal zone
Corporate Scale federal, Slate or local agencies, inlets that service your property, management programs at the State and Local level.
2. Buy Flood Insurance.
1. Coatinue/enhance existing practice
of developing engineered beaches 1. Implement beach nourishment programs 1. Implement inlet maintenance programs. 1. Strengthen, enhance and enforce existing codes to
where appropriate, deal with the impacts of coastal erosion.
2. Adopt site development regulations that
2, Dredging. 2. Stabilize vulnerable bluffs will require a site-specific erosion rate 2. Enhance erosion zone mapping based on best
analysis to be done at the time of application available science and technology.
for development permits within 600 feet of a
3. Prohibit hardened structures, such as 3. Impiemect public education and outreach
3. Acquire or relocate vulnerable properties in high seawalls, revetments, and large sandbags programs that stress the importance of coastal zone
hsk, erosion prone areas, along the erodible shoreline, management and what the constituency can do to
support it.
Government Scale 4. Consider open space land uses in those areas
subject to coastal erosion, especially those beach 4. Develop or enhance existing beach nourishment
areas seaward of the frontal dunes, plans.
5. Adopt setback standards for new development
from the shoreline or erosion protection zones, A 5. Perfonm a feasibility study to identify the best
minimum of 60 feet is the recommended starting solutions within the capabilities of the focal
point, government.
6. Adopt erosion protection zones that are based
on the historical observed rate of erosion 6. Seek to enhance Federal and State Coordination in
documented for the jurisdiction. At a minimum, this Coastal Zone Management issues by including them
rate of erosion will be that established by the State as stakeholders in existing coastal zone management
of New Yo~k as the minimum rate of erosion, programs at the local level.
7. Identify reliable and consistent sources of sand for
beach nourishment programs.
8. Track and monitor coastal erosion data such as
annual erosion rates such that it can be utilized to
accurately measure the degree of risk as it pertains to
each juhsdiction with exposure. Utilize tools such as
GIS for incorporation into existing/on<Joing programs.
9. Promate the purchase of itood Insurance.
10. Adopt regulations that require the disclosure of
ocean-related hazards at the time of the purchase or
sale of real property.
11. Document erosion rates by establishing
benchmarks within erosion zones no more than 1/2
mile apart and record shoreline erosion in relation to
these reference marks at least every five years,
Catalog of Risk Hazard Cate~or~
Reduction
Measures Manipulate Hazard Reduce Exposure Reduce Vulnerability Increase Capability
12. Document erosion rates by taking new aerial
photographs of your shoreline at least every 5 years.
13. Adopt regulations that require the disclosure of
ocean-related hazards at the time of the purchase or
sale of real proper~¥.
Hazard Cat o
Catalog of Risk ~are~7°r~
Reduction Measures Manipulate Hazard Reduce ExposureI~'l'~'~]eldulce Vulnerability increase Capability
1. Drought resistant landscapes · 1. Practice active water conservation techniques.
Personal Scale None None 2. Reduce water system losses
3. Modify plumbing sysytems, i.e. water
Corporate Scale None None 1. Drought resistant landscapes 1. Practice active water conservation
2. Reduce private water system losses
1. Ground water recharge through 1. identify and create ground water 1. Water use conflict regulations 1. Public education on drought resistance
stormwater management back up sources.
2. Identify alternative water supplies for time of
2. Reduce water system losses drought. Mutual aid agreements with alternative
supliers.
Government Scale 3. Disthbute water saving kits 3. Develop a drought contigency plan
4. Develop cdtaha-"tdggers" for drought related
actions
5. Improve accuracy of water supply forecasts
6. Modify rate stTucture to influence active water
Catalog of Risk Hazard Ca o
Reduction I[*~ ~7 r~
Measures Manipulate Hazard Reduce Exposure Reduce Vulnerability Increase Capability
1. Clear sk3rmwatar drains and culverts 1. Institute Iow impact development techniques on 1. Retrofit structure (elevate structure above 1. Enforce NFIP
property BFE)
2.Locate outside of designated flood hazard area. 2. Elevata Utilities house above BFE 2. Buy flood insurance
Personal Scale 3. Participate in voluntary property 3. Build new homes above BFE 3. Develop household mitigation plan, such as
acquisition/relocation programs sponsored by retrofit savings, communication capability with
federal, State or local agencies, outside, 72 hr seE-sufficiency during and after an
event.
4. Floodproof existing structures.
1. Clear stormwater drains and culverts 1. Institute Iow impact development techniques on 1. Build redundancy for critical functions/ 1. increase capability by having cash reserves for
property retrofit critical buildings, reconstruction
2. Institute Iow impact development techniques 2. Participate in voluntary property 2. Provide flood-proofing measures when new 2. Supporl and implement hazard disclosure for
Corporate Scale on property acquisition/relocation programs sponsored by critical infrastructure must be located in the sale/re-sale of property in identified risk
federal, State or local agencies, floodplains, zones.
3. Buy Flood Insurance
1. Clear stormwater drains and culverts 1. Locata/re-locata cdtical facilities outside of 1. Harden infrastructure 1. Produce better hazard maps
hazard area
2. Institute Iow impact development techniques 2. Provide redundancy for critical functions and 2. Provide technical information and guidance
on property 2. Acquire or relocate identified repetitive loss
properties or other appropriate properties at risk infrastructure
from flooding.
3, Dredging, levee construction, providing 3. Promote open space uses in identified high 3. Adopt appropriate regulatory standards such 3. Enact tools to help manage development or
retention areas.., hazard areas via techniques such as: PUD's, as: cumulative substantial promote mitigation in flood hazard areas
easements, setbacks, greenways, sensitive area improvement~damage, Lower substantial (incentives, information)
tracks. Damage thresholds, freeboard, lower
substantial damage threshold, compensatory
storage, non-conversion deed restrictions
4. Consider structural solutions determined 4. Adopt land development critsria such as PUD's 4. Maintain the drainage infrastructure to ~evels 4. Incorpe~ate retrofitting/replacement of critical
feasible to reduce flood risk. Density transfers, clustering that equal or exceed their design system elements in CIP
specEications. The drainage infrastructure
Government Scale includes both natural and main-made systems.
5. Stormwater management regulations and 5. Elevate at dsk stuctures to appropriate 5. Develop strategy to take advantage of post
master planning, levels above the Base Flood Elevafion (BFE). disaster opportunities
6. Acquire vacant land or promote open space 6. Warehouse critical infrastructure components
uses in developing watersheds to control
increases in runoff
7. Develop and adopt a COOP
8..loin CRS program
9. Maintain existing data as well as gather new
data needed to define risks and vulnerability.
10. Train emergency responders
11. Create a building and elevation inventory of
structures in the floodptain
Catalog of Risk Hazard Cafe o
Measures Manipulate Hazard Reduce Exposure Reduce Vulnerability Increase Capability
12. Develop and implement a public information
strategy
13. Charge a hazard mitigation fee on all new
permits to create a hazard mitigation funding
source for initiatives or grant cost share
requirements.
14, Adopt regulations that require the disclosure
of ocean-related hazards at the time of the
purchase or sale of real property.
Government Scale 15, Develop a post-disaster action plan for flood
events that will address the local government
operations post disaster.
16. develop a comprehensive Flood Hazard
Management Plan,
17. Promote the purchase of Flood Insurance
18~ Find ways to utilize funding generated by
sales tax for stormwater management, to
implement proactive flood hazard mitigation.
Catalog of Risk Hazard Cat~o.~
Manipulate Hazard Reduce Exposure Reduce Vulnerability Increase Capability
1. Stop the use of fertilizes that are high 1. Maintain the drainage facilities that 1. Get informed on ways you can reduce you
in nitrates, service your property, own personal contribution to ground water
Personal Scale None
2. Dispose of chemicals properly.
3. Take used motor oil to a recycling center.
1.Filter ground water at its source. 1. Filter stormwater at stormwater 1. Maintain drainage system. 1. Get informed on ways you can reduce you
collection facilities own personal contribution to ground water
2. Active pumping and treatment of 2. Implement appropriate "best 2. Dispose of chemicals properly.
Corporate Scale contaminated sources management practices" when dealing with
point source and non-point source
pollutants.
3. Take used motor oil to a recycling center.
1.Filter ground water at its source, 1. Filter stormwater at stormwater 1. Consider higher regulatory standards. 1. Continue/enhance on*goieg monitoring
collection facilities programs to identify sources of ground water
contamination.
2. Active pumping and treatment of 2. Updata/enhance stormwatar 2. Maintain drainage system. 2. Educate the public on the ground water
contaminated sources collection facilities in high dsk areas contamination issue and ways they can reduce
(areas with little or no existing facilities the impact.
Government Scale and highly permeable soils).
3. Develop municipal water systems. 3. Seek ways to eliminate or reduce the 3. Adopt and enforce appropriate best 3. Strengthen code enforcement.
4. Continue/enhance on-going programs for the
disposal of hazardous materials (STOP)
5. Identify alternate water supply sour(~es.
Catalog of Risk Hazard Cate~or~
Measures Manipulate Hazard Reduce Exposure Reduce Vulnerability Increase Capability
Risk Reduction ~ ~ H~za_r~ Ca~e.g°. ~
Measures Manipulate
Hazard Reduce Exposun Reduce Vulnerability Increase Capability
1. insulate house 1. Trim or remove trees that could effect power lines
2. Provide redundant heat and power. 2. Promote 72 hour self-sufficiency
Personal scale None None 3. Insulate structure
4. Plant appropriate trees near home and power lines 3. Be aware of inclement weather conditions, and move your
I. Relocate cdtical infrastructure, such as power lines, 1. Trim or remove trees that could affect power lines
undergrcund
2. Reinforce or relocate critical infrastructure such as 2. Create redundancy
poweHines so that it meets performance expectations.
Corporate Scale None None
3. Install tree wire 3. Develop a Continuity of Operations Plan (COOP) to address
operations before, during and after coastal storm events.
4. Utilize weather radios at the work place to keep your employees
1. Harden infrastructure such a locating utilities under 1. Support programs such as "Tree Watch" that proactively
ground where appropriate, manage problem areas by use of selective removal ot hazardous
trees, tree replacement, etc
2. Trimming trees back from power lines 2. Establish and enforce building ccdes that require all roof~ to
withstand snow loads
3. Designate snow routes and strengthen criticai road 3. Increase communication alternatives
sections and bddges.
4. Adopt codes and regulations that address the issues of 4. Modify land use and environmental regulations to support
parking of vehicles along roadways dudng severe weather vegetation management activities that improve reliability in utility
events, corridors.
5. Develop or enhance the capacity/capability of
atormwater conveyance systems. 5. Modify landscape and other ordinances to encourag~ appropdate
planting near overhead power, cable, and phone lines
Government None None
6. Provide backup power sources at vital critical facilities. 6. Provide weather radios to vulnerable populations
7. Enhance public awareness campaigns to address those issues
of alert and warning and actions to take during severe weather
events.
8. Utilize the best available technology to enhance the warning
systems for all severe weather events (i.e.: tornado warning
systems),
9. Coordinate severe weather warning capabilities and the
dissemination of warning amongst those agencies within the
planning are with the highest degree of capability.
10. Promote flood insurance.
11. Join the Community Rating System
Risk Reduction Hazard Category
Measures "~]?illl
Manipulate Hazard Reduce Exposure Reduce Vulnerability Increase Capability
1. Clear potential fuels on property: 1. Create and maintain defensible 1. Create and maintain defensible space 1, Employ "Firewise" techniques to
dry, overgrown underbrush, diseased space around structures around structures, provide water on site. safeguard your home.
trees
2. Locate outside of hazard area 2, Use fire-retardant building materials 2. Identify alternative water supply points in
close proximity to your home such as:
swimming pools, lakes, streams, cisterns,
Personal scale water storage tanks.
3, Mow regularly 3. Create defensible spaces around your 3. Support your local fire district.
home.
4. Be aware of weather conditions that
support/enhance the probability of wild fires.
1. Clear potential fuels on property: 1, Create and maintain defensible 1. Create and maintain defensible space 1.Supporl "Firewise" community initiatives.
dry underbrush, diseased trees space around structures and around stPactures and infrastructure,
infrastructure provide water on site,
2. Reduce exposure - Locate 2. Use fire-retardant building materials
outside of hazard area
Corporate scale 3. Provide stored water to be utilized for
fire fighting with appropriate fire
department connections at facilities not
equipped with fire hydrants, or inadequate
fire hydrant spacing.
1. Clear fuels (dry underbrush, 1. Create and maintain defensible 1. Create and maintain defensible space 1. More public outreach and education
diseased trees) on land that can space around structures and around structures and infrastructure efforts including an active "Firewise"
trigger and maintain wildfires infrastructure program
2. Implement"Best Management 2. Reduce exposure - Locate 2. Use fire-retardant building materials 2, Possible Weapons of Mass Destruction
Practices" on public lands outside of hazard area (WMD) funds available to enhance fire
capability in High Risk areas.
3. Higher regulatory standards 3. Identify fire response and alternative
evacuation routes
4. Establish water main supply arid 4. Seek alternative water supplies in urban
hydrants in unhyrdrantad areas, wi~dland interface areas.
5. Decrease hydrant spacing 5. Become a "Firewise" community
requirements for new development in high
Government risk wild fire areas.
6. Continue to suppod actions, duties and
responsibilities of the Wild Fire Task Force,
7. Increase capability to fight wild fires
utilizing equipment that can supeqd wild fire
fighting such as: tankers, engines with
"pump-and-run" capabilities, dump tanks for
tanker shuttle operations.
8. Develop/implement wild fire managemedt
plans.
APPENDIX E: FEDERAL MITIGATION PROGRAMS,
ACTIVITIES, AND INITIATIVES
This appendix provides a summary of available federal programs that relate to mitigation planning and
may provide possible sources of funding or technical support for mitigation initiatives.
Basic and Applied Research/Development ·
,3enter for Intecjration of Technical Assistance: Develops Department of Interior (DOI) -US Geological Survey
~latural Disaster and evaluates technology for (USGS), The Center for Integration of Natural Hazards
nformation nformation integration and Research:
:lissemination (703) 648-6059
hazinfO(~rUSqa.qov
-lazard Reduction Funding for research and related National Science Foundation (NSF), Directorate for
~rogram .=ducational activities on hazards. Engineering, Division of Civil and Mechanical Systems,
Hazard Reduction Program:
I703) 306-1360
3ecision, Risk, and :unding for research and related NSF - Directorate for Social, Behavioral and Economic
~anagement Science .-,ducational activities on risk, .%ience, Division of Social Behavioral and Economic
3rogram )erception, communication, and Research, Decision, Risk, and Management Science
~3anagement (primarily ~rogram (DRMS):
:echnological hazards) ',703) 306-1757
~rww.nsf..qovtsbe/drms/start.htm
~ocietal Dimensions of :unding for research and related ~ISF - Directorate for Social, Behavioral and Economic
Engineering, Science, and ~ucational activities on topics such Science, Division of Social, Behavioral and Economic
Fechnology Program )s ethics, values, and the :{esearch, Societal Dimensions of Engineering, Science
~ssessment, communication, and Technology Program:
nanagement and perception of dsk ',703) 306-1743
National Earthquake ~esearch into basic and applied ~ISF - Directorate for Geoeciences, Division of Earth
Hazard Reduction ;arth and building sdences. ~ciences:
Program (NEHRP) in 1703) 306-1550
Earth Sciences
Technical and Planning Assistance
Planning Assistance to
States
Technical and planning
assistance for the preparation of
comprehensive plans for the
development, utilization, and
conservation of water and related
land resoumes.
:)epartment of Defense (DOD) US Army Corps of
--ngineers (USACE)
7,ontact the Floodplain Management Staff in the
~,ppropriate USACE Regional Office
qorth Atlantic: (212) 264-7813
South Atlantic: (404) 331 d-!-!.1
3reat Lakes and
:)hio River: (513) 684-6050
Mississippi Valley: (601) 634-5827
Northwestern: (503) 806-3853
Southwestern: (214-767-2613
South Pacific: (415) 977-8164
Pacific Ocean: (808) 438-8863
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York E-1
DRAFT- September 2007
Disaster Mitigation
Planning and Technical
Assistance
Watershed Surveys and
Planning
National Flood Insurance
Program
Emergency Management /
Mitigation Training
Technical and planning
assistance grants for capacity
3uilding and mitigation project
activities focusing on creating
disaster resistant jobs and
/~orkplaces.
Surveys and planning studies for
appraising water and related
'esources, and formulating
alternative ptans for conservation
ase and development. Grants and
advisory/counseling services to
assist w/planning and
implementation improvement.
Formula grants to States to assist
communities to comply with NFIP
[Ioodplain management
requirements (Community
Assistance Program).
Training in disaster mitigation,
preparedness, planning.
Department of Commerce (DOC), Economic
Development Administration (EDA):
I800) 345-1222
EDA's Disaster Recovery Coordinator:
202) 482-6225
¢ww.doc.qov/eda
US Department of Agdcultura (USDA) - National
Resources Conservation Service (NRCS)Watersheds
and Wetlands Division: (202) 720-4527
Deputy Chief for Programs: (202) 690-0848
w-cczc.nrcs.usda.qov
FEMA
FEMA
National Dam Safety Technical assistance, training, FEMA
Program and grants to help improve State
dam safety programs.
National Earthquake Training, planning and technical FEMA; DOI-USGS
Hazards Reduction assistance under grants to States USGS
Program or local jurisdictions. Earthquake Program Coordinator:
(703) 648-6785
Volcano Hazards Program Technical assistance: Volcano DOI-USGS
hazard warnings and operation of Volcanic Hazards Program Coordinator:
four volcano observatories to (703) 648-6708
monitor and assess volcano hazard 650) 329-5228
risk.
:loodplain Management
~ervices
Technical and planning
assistance at the local, regional, or
national level needed to support
effective floodplain management,
Watershed Protection and
:lood Prevention Program
--nvironmental Quality
ncentives Program
EQIP)
Technical and financial
assistance for installing works of
improvement to protect, develop,
and utilize land or water resources
in small watersheds under 250,000
acres.
Technical, educational, and limited
financial assistance to encourage
environmental enhancement.
DOD-USACE
North Atlantic: (212) 264-7813
South Atlantic: (404) 331-4441
Great Lakes and
Ohio River: (513) 684-6050
Mississippi Valley: (601) 634-5827
Northwestern: (503) 808-3853
Southwestern: (214-767-2613
South Padfic: (415) 977-8164
Pacific Ocean: (808) 438-8863
USDA-NRCS
Director, Watersheds and Wetlands Division:
(202) 72O-3042
(202) 690-4614
www.nrcs.usda,qov
USDA-NRCS
~NRCS County Offices
~IRCS EQUIP Program Manager:
202) 720-1834
vww.nrc~.usda.qov
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York E-2
DRAFT- September 2007
National Earthquake
Hazard Reduction
Program
Technical and planning FEMA, DOI-USGS
assistance for activities associated Earthquake Program Coordinator:
with earthquake hazards mitigation. (703) 648-6785
HAZARD Identification and Mapping
National Rood Insurance Flood insurance rate maps and --EMA
Program: Flood Mapping flood plain management maps for
all NFIP communities;
National Flood Insurance Technical guidance and advice to :)OI-USGS
Program: Technical coordinate FEMA's map JSGS - National Mapping Division:
Mapping Advisory Council modernization efforts for the 573) 308-3802
National Flood Insurance Program.
National Digital Develops topographic :)OIoUSGS
Orthophoto Program quadrangles for use in mapping of JSGS - National Mapping Division:
~lood and other hazards. 573) 308-3802
Stream gauging and Flood I
Monitoring Network Operation of a network of over !DOE-USGS
7,000 stream gauging stations Chief, Office of Surface Water,
lhat provide data on the flood USGS: (703) 648-5303
;haracteristics of rivers.
Mapping Standards
Support Expertise in mapping and digital DOI-USGS
rlata standards to support the USGS - National Mapping Division:
National Flood Insurance Program. (573) 308-3802
Soil Survey ~laintains soil surveys of counties USDA-NRCS
~r other areas to assist with NRCS - Deputy Chief for Soil Science and Resource
;arming, conservation, mitigation or Assessment:
'elated purposes. (202) 720-4630
Seismic mapping for U.S.
~lational Earthquake
-{azards Reduction
>rogram
DOI-USGS
USGS
Earthquake Program Coordinator:
(703) 648-6785
~r~e~ Support
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York E-3
DRAFT - September 2007
Aquatic Ecosystem
Restoration
Beneficial Uses of
Dredged Materials
Wetlands Protection-
Development Grants
Clean Water Act Section
319 Grants
Coastal Zone
Management Program
Community Development
Block Grant (CDBG) State
Administered Program
Community Development
Block Grant Entitlement
Communities Program
Direct support for carrying out
aquatic ecosystem restoration
3rojects that will improve the quality
)f the environment.
Direct assistance for projects that
3rotect, restore, and create aquatic
snd ecologically related habitats,
ncluding wetlands, in connection
Nith dredging an authorized
:ederal navigation project.
Grants to support the development
snd enhancement of State and
:dbal wetlands protection programs.
Grants to States to implement
3on-point source programs,
ncluding support for non-structural
Natershed resource restoration
~ctivities.
Grants for planning and
mplementation of non-structural
:oastal flood and hurricane hazard
'nitigation projects and coastal
Netlands restoration.
Grants to States to develop viable
:ommunities (e.g., housing, a
suitable living environment,
~xpanded economic opportunities)
n non-entitled areas, for Iow- and
*noderate.income persons.
Grants to entitled cities and urban
DOD-USACE
Chief of Planning @ appropriate USACE Regional Office
North Atlantic: (212) 264-7111
South Atlantic: (404) 331-4580
Great Lakes and Ohio River
Chicago: (312) 886-5468
Cincinnati: (513) 684-3008
Mississippi Valley
Division: (601) 634-7880
Northwestern Division
Portland: (503) 808-3850
Omaha: (402) 697-2470
~outhwestern Division: (214) 767-2314
outh Pacific Division: (415) 977-8171
Pacific Ocean Division: (808) 438-3850
DOD-USACE
Same as above
LIS Environmental Protection Agency
~EPA)
EPA Wetlands Hotline: (800) 832-7828
Or
EPA Headquarters, Office of Water
Chief, Wetlands Strategies and State Programs:
[202) 260-6045
EPA
Office of Water
Chief, Non-Point Source Control Branch:
(202) 260-7088, 7100
Department of Commerce DOC
National Oceanic and Atmospheric Administration
INOAA)
National Ocean Service
Office of Ocean and Coastal Resource Management
Chief, Coastal Programs Division:
301) 713-3102
LIS Department of Housing and Urban Development
[HUD)
State CDBG Program Manager
Or
State and Small Cities Division,
Office of Block Grant Assistance, HUD Headquarters:
(202) 708-3587
HUD
;ounties to develop viable City and county applicants should call the Community
:ommunities (e.g., decent housing, Planning and Development staff of their appropriate
suitable living environment, IHUD field office. As an alternative, they may call the
~xpanded economic opportunities), IEntitlement Communities Division, Office of Block Grant
3rincipally for Iow- and moderate- ~Assietance, HUD Headquarters:
ncome persons. 1(202) 708-1577, 3587
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York E-4
DRAFT- September 2007
Emergency Watershed
Protection Program
Rural Development
~,ssistance ~- Utilities
Rural Development
~,ssistance - Housing
Project Impact: Building
Disaster Resistant
Communities
Flood Mitigation
Assistance
Hazard Mitigation Grant
Program
>ublic Assistance Program
Infrastructure)
qational Flood Insurance
>rogram
-~OME Investments
3artnerships Program
Provides technical and financial
assistance for relief from imminent
hazards in small watersheds, and
lo reduce vulnerability of life and
property in small watershed areas
damaged by severe natural hazard
events.
Direct and guaranteed rural
economic loans and business
enterprise grants to address utilit,
issues and development needs.
Grants, loans, and.technical
assistance in addressing
rehabilitation, health and safety
needs in primarily Iow-income rural
areas. Declaration of major disaster
necessary.
Funding and technical
assistance to communities and
States to implement a sustained
,re-disaster mitigation program,
Grants to States and communitie,~
Ior pre-disaster mitigation to help
reduce or eliminate the long-term
dsk of flood damage to structures
insurable under the National Flood
Insurance Program.
Grants to States and
=ommunities for implementing
~ong-term hazard mitigation
measures following a major
:lisaster declaration.
P-rants to States and
communities to repair damaged
nfrastructure and public facilities,
and help restore government or
~lovernment-related services.
~itigation funding is available for
~vork related to damaged
:omponents of the eligible building
3r structure.
Vlakes available flood insurance
:o residents of communities that
adopt and enforce minimum
~loodplain management
'equirements.
3rants to States, local
;Iovernment and consortia for
)ermanent and transitional housing
')ncluding support for property
3cquisition and rehabilitation) for
ow-income persons.
JSDA - NRCS
~lational Office - (202) 690-0848
Natersheds and Wetlands Division:
202) 720-3042
JSDA-Rural Utilities Service (RUS)
>rogram Support: (202) 720-1382
~lorthern Regional Division: (202) 720-1402
--lectric Staff Division: (202) 720-1900
>ewer Supply Division: (202) 720-6436
~USDA-Rural Housing Service (RHS)
Community Programs: (202) 720-1502
Single Family Housing: (202) 720-3773
Multi Family Housing: (202) 720-5177
FEMA
FEMA
FEMA
FEMA
FEMA
HUD
Community Planning and Development, Grant
Programs, Office of Affordable Housing, HOME
Investment Partnership Programs:
(202) 708-2685
(202) 708 0614 extension 4594
1-800-998-9999
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York E-5
DRAFT - September 2007
:o Structural Rehabilitation
~f Damaged Flood Control
/Vorks
3artners for Fish and
A/ildlife
to fund gaps in available
assistance after disasters
(including mitigation).
and construction
grants for non-structural
alternatives to the structural
rehabilitation of flood control works
damaged in floods or coastal
storms. $9 million FY99
Financial and technical
assistance to private landowners
interested in pursuing restoration
projects affecting wetlands and
riparian habitats.
~roject Modifications for Provides for ecosystem
mprovement of the
--nvironment
restoration by modifying structure.~
and/or operations or water
resources projects constructed by
the USAGE, or restedng areas
where a USAGE project contdbutec
to the degradation of an area.
tUD
7,ommunity Planning and Development Divisions in their
'espective HUD field offices or HUD Community
~lanning and Development: (202) 708-2605
)OD-USAGE
-~mergency Management contact in respective USAGE
ield office:
~orth Atlantic: (718)491-8735
,~outh Atlantic: (404) 331-6795
.~reat Lakes and
:)hio River: (513) 684--3086
vlississippi Valley: (601) 634-7304
~orthwestern: (503) 808-3903
Southwestern: (214) 767-2425 .
South Pacific: (415) 977-8054
=acificOcean: (808) 438-1673
:)epartment of Intedor (DOI) - Fish and Wildlife Service
FWS)
~lational Coordinator, Ecological Services: (703) 358-
.)201
list of State and Regional contacts is available from
he National Coordinator upon request.
:)OD-USACE
.3hief of Planning @ appropriate USACE Regional Office
~lorth Atlantic: (212) 264-7111
South Atlantic: (404) 331-6270
~reat Lakes and Ohio River
Chicago: (312) 886-5468
Cincinnati: (513) 684-3008
vlississippi Valley
Division: (601) 634-5762
~lorthwestern Division
Portland: (503) 808-3850
Omaha: (402) 697-2470
~outhwestern Division: (214) 767-2310
~outh Pacific Division: (415) 977-8171
>acific Ocean Division: (808) 438-8880
>ost-Disaster Economic Grant funding to assist with the 3epartment of Commerce (DOC) - Economic
~ecovery Grants and long-term economic recovery of :)evelopment Administration (EDA)
Assistance communities, industries, and firms --DA Headquarters
idversely impacted by disasters. :)isaster Recovery Coordinator:
1202) 482-6225
3ublic Housing =unding to public housing -IUD
Vlodernization Reserve for igencies for modernization needs :)irector, Office of Capital Improvements:
:)isasters and esulting from natural disasters 1202) 708-1640
--mergencies including elevation, flood proofing,
md retrofit).
ndian Housing Assistance 3roject grants and technical 3epartment of Intedor (DOI)-Bureau of Indian Affairs
iHousing Improvement issistance to substantially
3rogram) ,~liminate sub-standard Indian :)ivision of Housing Assistance, Office of Tdbal Services:
lousing. 1202) 208-5427
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York E-6
DRAFT- September 2007
Land Protection
Technical assistance for run-off
retardation and soil erosion
prevention to reduce hazards to life
and property.
USDA-NRCS
Applicants should contact the National NRCS office:
(202) 720-4527
North Amedcan Wetland Cost-share grants to stimulate DOI-FWS
Conservation Fund public/private partnerships for the North American Waterfowl and Wetlands Office: (703)
protection, restoration and 358-1784
management of wetland habitats.
.and Acquisition ~.cquires or purchases DOI-FWS
easements on high-quality lands Division of Realty,
and waters for inclusion into the National Coordinator:
National Wildlife Refuge System. (703) 358-1713
:ederal Land Transfer /
=ederal Land to Parks
~rogram
~Vefiands Reserve
Program
Identifies, assesses, and
transfers available Federal real
;)roperty for acquisition for State
and local parks and recreation,
such as open space.
Financial and technical
assistance to protect and restore
~vetlands through easements and
restoration agreements.
Transfers title of certain inventory
Iarm properties owned by FSA to
Federal and State agencies for
=onservation purposes (including
~he restoration of wetlands and
Iloodplain areas to reduce future
Ilood potential)
Transfers of Inventory
Farm Properties to Federal
and State Agencies for
Conservation Purposes
DOI-NPS
General Services Administration Offices
Fort Worth, TX: (817) 334-2331
Boston, MA: (617) 835-5700
Or
Federal Lands to Parks Leader
NPS National Office:
(202) 565-1184
USDA-NRCS
National Policy Coordinator
NRCS Watersheds and Wefiands Division:
(202) 720-3042
US Department of Agriculture (USDA) - Farm Service
Agency (FCA)
Farm Loan Programs
National Office:
(202) 720-3467, 1632
Financing and Loan Guarantees
Physical Disaster Loans Disaster loans to non-farm, pdvate Small Business Administration (SBA)
and Economic Injury sector owners of disaster damaged National Headquarters
Disaster Loons aroperty for uninsured losses. Associate Administrator for Disaster Assistance: (202)
Loans can be increased by up to 2(~ 205-6734
aercent for mitigation purposes.
,Conservation Contracts Debt reduction for delinquent and USDA-FSA
3on-delinquent borrowers in Farm Loan Programs
~=xchange for conservation FSA National Office:
=ontracts placed on (202) 720-3467, 1632
~=nvironmentally sensitive real or local FSA office
3roperty that secures FSA loans.
~,lean Water State Loans at actual or below-market EPA
F~evolving Funds nterest rates to help build, repair, EPA Office of Water
~elocate, or replace wastewater State Revolving Fund Branch
~reatment plants. Branch Chief:
(202) 260-7359
A list of Regional Offices is available upon request
Section 108 Loan Loan guarantees to public entities HUD
Guarantee Program for community and economic Community Planning and Development staff at
:levelopment (including mitigation appropriate HUD field office, or the Section 108 Office in
'neasures). HUD Headquarters: (202) 708-1871
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York E-7
DRAFT - September 2007
Section 504 Loans for
Housing
Section 502 Loan and
Guaranteed Loan Prograrr
Rural Development
Assistance -- Utilities
Farm Ownership Loans
{epair loans, grants and
:echnical assistance to very Iow-
ncome senior homeowners living in
'ural areas to repair their homes
)nd remove health and safety
'~azards.
=rovides loans, loan guarantees,
md technical assistance to very
ow and Iow-income applicants to
)urchase, build, or rehabilitate a
~ome in a rural area.
:)irect and guaranteed r.ural
;conomic loans and business
;nterprise grants to address utilit
ssues and dev, elopment needs.
)irect loans, guaranteed /
nsured loans, and technical
~ssistance to farmers so that they
nay develop, construct, improve, or
'epair farm homes, farms, and
~ervice buildings, and to make
)ther necessary improvements.
JS Department of Agriculture (USDA) - Rural Housing
~ervice (RHS)
3ontact local RHS Field C~fice, or
:{HS Headquarters,
~)irector, Single Family Housing Direct Loan Division:
',202) 720-1474
LISDA-RHS
,3ontact the Local RHS Field Office, or the Director,
Single Family Housing Guaranteed Loan Division, RHS:
',202) 720-1452
LISDA-Rural Utility Service (RUG)
.3ontact Rural Development Field Offices, or RHS,
3eputy Administrator, Community Programs Division:
',202) 720-1490
LISDA-FSA
:)irector, Farm Programs Loan Making Division, FSA:
',202) 720-1632
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York E-8
DRAFT - September 2007
APPENDIX F: JURISDICTIONAL ANNEX TEMPLATE
AND INSTRUCTIONS
This appendix provides the jurisdictional annex and instructions provided to Suffolk County and
participating jurisdictions.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York F-1
DRAFT- September 2007
PARTNER VILLAGE/TOWN/COUNTY TEMPLATE
Instructi°ns for completion
The following are instructions for the completion of the Partner Village/Town/County annex template that
will need to be completed for each partner Village, Town and the County in the Suffolk County Hazard
Mitigation plan. The purpose of these instructions is to guide each Partner in the preparation of the
information required for Disaster Mitigation Act (DMA) compliance. Each Partner should try to complete
as much of the information as possible before attending the mandatory workshop on September 6, 2007.
Technical assistance will be available to each planning partner at this workshop. Each planning partner
will need to have the following to complete this template (all can be accessed on the Shared website in the
General Folder):
The draft Risk Assessment for Suffolk County (Hazard Profiles)
The preliminary results from the Hazard Mitigation Plan Questionnaire
~/ The Catalog of Hazard Mitigation Initiatives
Any questions on what is required or how to complete this document should be directed to:
Jonathan Raser or Cynthia
Tetra T~ Inc,
100 Enterprise Drive
Rockaway, NJ 07866
973.~659-9996
e-a~il: ]onathamraser~ttemi. com or cynthia.bianeo~tte~com
This template has been set up as a word document in a format that will be used in the final plan. Each
Partner is asked to use this template with no other derivations or versions so that a uniform product will
be completed for each partner. Please provide both a hard copy and digital copy of the completed
template to Tetra Tech upon completion of the template workshop on 9/6/2007. Ifa Partner does not have
"Word" capability, prepare the document in whatever format you do have and the planning team will
convert it to the Word format.
Instructions:
Title Block:
In the Title box, type in the complete official name of your Jurisdiction (i.e., Village of
Bellport, Suffolk County, etc.). At this time, also change the name in the "header" box to
coincide with this title.
Hazard Mitigation Plan Point of Contact
Please provide the name, title, mailing address, telephone number, fax number and e-mail address for the
primary point of contact for your jurisdiction for the elements that pertain to your jurisdiction for this
plan. This person would be that person responsible for monitoring, evaluating and updating the annex for
your jurisdiction as outlined in this plan.
In addition, it is required to designate an alternate point of contact. This would be the person to contact
should the primary point of contact is not available, or no longer employed by the community.
...PAR TNER CITY~COUNT}' TEMPLATE INSTRUCTIONS
lB.) Village/Town/County Profile[
Complete the population box. State the most current population figure for your community based on an
official means of tracking (i.e., US Census). Indicate when this population was, "as of'. In this section
please provide a profile of your community. Provide information specific to your community that was not
provided in the risk assessment such as:
,/ Location within Suffolk County v Climate
,/ Date of Incorporation ,/ Growth Rate
· / Brief history ,/ Development trends
v~ Geographical area ,/ Governing body format
[For example:I
Location: The City of Arcata is located on California's redwood coast, approximately 760 miles
north of Los Angeles and 275 miles north of San Francisco. The nearest seaport is Eureka, five
miles south on Humboldt Bay. Arcata is the home of Humboldt State University and is situated
between the communities of McKinleyville to the north and Blue Lake to the east. It sits at the
intersection of US Highway 1 O] and State Route 299.
Brief History: As the California gold rush brought goM fever to the interior mountains of
northern California, the Arcata area was settled in the 1850s as a supply center for miners. As
the gold rush died down, timber and fishing became the major resource based economy of the
area. Arcata was incorporated in 1858 and by 1913 the Humboldt Teachers College, a
predecessor to today's Humboldt State University was founded in Arcata. Recently, the presence
of the college has come to shape Arcata's population into a young, liberal, and educated crowd.
In 1981 Arcata developed the Arcata Marsh and Wildlife sanctuary, an innovative
environmentally friendly, sewage treatment enhancement system. Its multiple uses include
recreation, education, wildlife refitge along the Pacific Flyway, and wastewater treatment.
Date qf Incorporation: 1858
Climate: Arcata's weather is typical of the Northern California coast, with mild
http://arcatacitvhall.or~weather roads,htmlsummers and cool, wet winters. It rarely freezes in the
winter and it is rarely hot in the summer. Annual average rainfall is over 40 inches, with 80% of
that falling in the six-month period of November through April. The average year-round
temperature is 59 degrees. Humidity averages between 72 and 87 percent. Prevailing winds are
from the north, and average 5 mph.
Governing body format: The City of Arcata is governed by a five-member City Council. The City
consists of 6 departments: Finance, Environmental Services, Community Development, Public
Works, Police and the City Manager's Office. The City has 13 Committees, Commissions and
Task Forces, which report to the City Council.
Growth/Development trends: Based on the data tracked by the California Department of
Finance, Arcata has experienced a relatively fiat rate of growth. The overall population has
increased only 3.4% since 2000 and has averaged O. 74% per year from 1990 to 2007. With this
rate of growth, the anticipated development trends for Arcata are considered low to moderate,
consisting of primarily residential development. The majority of recent development within the
F-2
...PARTNER CITY~COUNTY TEMPLATE INSTRUCTIONS
CiO, of Arcata has been infill development. Residentially, there has been a focus on affordable
housing and a push for more secondary mother-in-law units on properties. Another
characteristic' of development is the adaptive use of former mill sites.
California state law requires that ever), county and ciO, prepare and adopt a comprehensive long-
range plan to serve as a guide for community development. The plan must consist of an
integrated and internall, v consistent set of goals, policies, and implementation measures. In
addition, the plan must focus on issues of the greatest concern to the communiO, and be nritten #~
a clear and concise manner. Cio~ actions, such as those relating to land use allocations,
annexations, zoning, subdivision and design review, redevelopment, and capital improvements,
must be consistent with such a plan The CiO, of Arcata adopted its general plan pursuant to this'
state mandate in duly of 2000. Future growth and development within the Ci~. of Arcata will be
managed as identified in its' general Plan.
lc.) Natural Hazard Event History:I
List in chronological order (most recent first) any natural hazard event that has occurred since 1970 that
caused damage to your Community. Include the date of the event and the estimated dollar amount of
damage it caused. Please refer to the summary of natural hazard events within Suffolk County included in
the Draft Risk Assessment (Hazard Profiles). Sources of damage information could include:'
· Preliminary damage estimates (PDA's) filed by your community to County and NYSEMO
· Insurance claims data
· Newspaper archives
· Other plans/documents that deal with emergency management (i.e., safety elements, emergency
response plans)
Do not be afraid to make an estimate based on your interpretation of the risk assessment, and personal
knowledge of past events. Rest assured that this information is not readily available at the local level, so
estimations are completely acceptable. If you are making an estimate, indicate: "damages estimated
at ". If you are not comfortable making an estimate, then just state that "the information is not
available".
' Also under this section, indicate whether or not your community has any FEMA identified Repetitive
Flood Loss properties. A repetitive Loss property is any property that has had 2 or more flood insurance
claims paid in excess of $1000 in any rolling 10-year period since 1978. If you have identified RL
properties, indicate the number (your technical assistance provider will be able to help you confirm this
information). If you have none, indicate "none" in the box. Next, indicate the number (if any) of your
Repetitive Loss structures have been mitigated. Mitigated for this exercise means, flood protection has
been provided to the structure from the source of flood damage potential. Repetitive Flood Loss statistics
are posted on the Shared website in the General Folder.
Natural Hazard Risk/Vulnerability Risk Ranking:I
Under this step, a ranking of risk will be performed as it pertains to your cormnunity. A county -wide risk
ranking has been performed for the entire planning areas and is contained in the risk assessment chapter
of volume 1 of the plan. However, each community will have differing degrees of risk exposure and
vulnerability aside from the whole, and therefore will need to rank the degree of risk to each hazard as it
pertains to them. This will allow for the appropriate selection and prioritization of initiatives that will
reduce the highest levels of risk for each community. The exact same methodology that will be applied to
F-3
...PARTNER CIIT/COUND' TEMPLATE INSTRUCTIONS
the county-wide risk ranking will be applied to each planning partner. This will assure consistency in the
overall ranking of risk.
This risk ranking exercise serves two purposes: To describe the probability of occurrence for each hazard
and to describe the impact each would have on the people, property and economy of Suffolk County.
Estimates of risk for Suffolk County were developed using methodologies promoted by FEMA's hazard
mitigation planning guidance and generated by FEMA's HAZUS-MH risk assessment tool.
This risk ranking exercise works under the following parameters:
Impacts are evaluated with an emphasis on property. The primary purpose for this is that FEMA
mitigation programs focus on loss reduction to improved property, critical facilities and critical
infrastructure. This is not to say that FEMA is not concerned about life safety issues, because they
are. However, Stafford Act mitigation programs focus on property because it is generally
accepted that life safety initiatives are addressed in the preparedness and response components of
FEMA and DHS Emergency Management programs.
To be able to quantitatively rank risk, you must be able to generate measurable components to
quantify. For improved property, this is fairly easy in that you apply an estimated damage
function, to a determined value of property and you get a loss estimate. Since buildings don't
voluntarily move, you can inventory buildings at risk based on their location to determine
exposure. These approaches are measurable, quantifiable, and regionally consistent. The same
can not be said for less tangible components such as people or economy.
The reason we want to attempt to quantitatively rank risk is create a consistent platform that can
be justified for all the partners in this planning effort. A more subjective approach eliminates
consistency. Regional consistency is a primary objective for multi-jurisdictional planning effort.
By having quantifiable results that have been generated using substantiated data, you are bett~r
able to justify initiatives and their priorities.
PROBAB~ITYOFOCCURRENCE
The probability of occurrence of a hazard event provides an estimation of how often the event occurs.
This is generally based on the past hazard events that have occurred in the area and the forecast of the
event occurring in the future. This is done by assigning a probability factor, which is based on yearly
values of occurrence. The numerical value assigned to each category will be used to determine the risk
rating of each hazard. Table 1 lists the probability of occurrence for each hazard as it pertains to your
community. This would be the occurrence of an event that caused property damage within your
jurisdiction. These values were assigned No, Rare (low), Occasional (medium), and Frequent (High)
occurrence:
RATING FREQUENCY DEFINITION
0 None Hazard event that occurs less frequently than once in 1,000 years
(>10-3/yr) / Hazard event is not likely to occur.
1 Rare Hazard event that occurs from once in 100 years to once in 1,000 years
(10'2lyf to 10-3/yr).
2 Occasional Hazard event that occurs from once in 10 years to once in 100 years
(lO'~/yr to 10-2/yr).
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3 Frequent Hazard event that occurs more frequently than once in 10 years (>10'
~/yr).
For example: If your community has experienced 2 damaging floods in the last 5 years, the
probability of occurrence is high for flooding and scores a 3 under this category. If your community
has experienced damages from wildfire in an event 50 years ago, your probability of occurrence for
wildfire is occasional, and scores a 2 under this category.
TABLE 1.
PROBABILITY OF HAZARDS
Hazard Event Probability Numerical Value
Coastal Erosion
Drought
Flooding (riverine, flash, coastal, urban flooding
and elevated groundwater)
Groundwater Contamination (natural)
Hurricane (tropical cyclones, including tropical
storms and tropical depressions)
Nor'Easters (extra-tropical cyclones, including
severe winter Iow-pressure systems)
Severe Storms (windstorms, thunderstorms,
hail, lightning and tornados)
Severe Winter Storm (heavy snow, bliT. zardsl
ice storms)
Shallow Groundwater
Wildfire
Infestation (ALB, Lymes, etc.)
IMPACT
The impact of each hazard was divided into three categories: impacts on people, property or the economy.
Tables 2, 3 and 4 summarize the identified impacts for each hazard. These categories were also assigned
weighted values. Impact on people was given a weighted factor of 3, impact on property was given a
· weight of 2 and impact on the economy was given a weighted factor of 1.
For impact of people, the values were assigned based on the percentage of the total population of your
jurisdiction that may be directly impacted by a hazard event. For the purposes of this exercise, "impacted
means exposed. We are not attempting to quantify the impact for this step. If a person is exposed to a
hazard because they live in a hazard zone, they will be impacted when that event occurs. The degree of
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that impact will vary and is not measurable. Therefore, we will focus solely on exposure for this step. For
this step, use the following thresholds to measure impact on people:
· High = 30% or more of your developed land area is exposed to a hazard due to its extent and
location.
· Medium = 15% to 29% of your developed land area is exposed to a hazard due to its extent and
location.
· Low = 14% or less of your developed land area is exposed to a hazard due to its extent and
location.
For the purposes of this exercise, developed land area would be any portion of your community currently
not in an open space type of use. It includes areas that are currently developed, or could be developed.
For example, if30% or more of your population is exposed to a hazard, then the impact on people for that
hazard is high. If 14% to 29% of your population is exposed to a hazard, then the impact is considered to
be medium, and the impact is low if 14% or less of the population is exposed to the hazard. No impact
would mean that there is no exposure to a hazard.
For impact on property, the values represent the value of the property exposed to a hazard in comparison
· to the total replacement cost value of property within your community. For this step, use the following
ihresholds to measure economic impact:
· High = Property exposure is 30% or more of the total Replacement Cost for your community
· Medium = Property Exposure is 15% to 29% of the total replacement cost for your community.
· Low = Property exposure 14% or less of the total replacement cost for your community.
This component is solely looking at the replacement cost value of buildings exposed to a hazard, versus
the total replacement cost of all buildings within your community. For the purpo~;es of this exercise, a
building has been defined as: "an improvement to real property that has 4 walls, a roof, and a replacement
cost value of $1000 or more. If the exposure value of property is between 15% and 29% of the total
replacement cost value property value for your community, the impact on property is medium, and if the
vulnerability is 14% or less of the total replacement cost value for your community, the impact on
propgrty is low. No impact would mean that that there is no exposure to the hazard or that the impact of
the hazard typically will not cause damage to property. For example, droughts do not damage buildings;
therefore they have no impact on buildings.
For the economic impact, the values represent the estimated loss would be from a major event of each
hazard. Once again, this is a comparison with the total replacement cost for property within your
community. This component is solely looking at economic impact in terms of damages to improved
property. The premise here is that building stock that is damaged or destroyed impacts tourism at times
and the tax base for local municipalities. Plus this component is measurable by providing a damage
function to established building values. Other economic components such as loss of use, functional
downtime and social economic factors are less measurable with a high degree of certainty, and therefore
are not utilized in this ranking exercise. It should be noted that specific loss estimation were not generated
for all hazards of concern in the risk assessment. This was due to the lack of information available to
make such estimations. For those hazards where specific loss estimations have not been made, assign a
low economic impact value. For this step, use the following thresholds to measure economic impact:
· High = Loss estimate is 20% or more of the total Replacement Cost for your community
...PAR~ER CITY/COUN~ TEMPLATE INSTRUCTIONS
· Medium = loss estimate is 10% to 19% of the total replacement cost for your cormnunity.
· Low = Loss estimate is 9% or less of the total replacement cost for your community.
For example, if the loss potential is 20% or more of the total replacement cost value for your community,
the impact on property is high. if the loss potential between 10% and 19% of the total replacement cost
value for your community, the impact on property is medium, and if the loss potential is 9% or less of the
total replacement cost value for your community, the impact on property is low. No impact would mean
that there is no exposure to the hazard, or that that the occurrence of the hazard would not cause
measurable damages to improved property.
A numerical value has been assigned for impact based on the following definitions:
· High Impact (numerical value = 3)
· Medium Impact (numerical value = 2
· Low Impact (Numerical value = 1)
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TABLE 2.
HAZARD IMPACT ON PEOPLE
Hazard Event Impact Numerical Value Multiplied by weighted
value of 3
Coastal Erosion
Drought
Flooding (riverine, flash, coastal, urban flooding)
Groundwater Contamination (natural)
Hurricane (tropical cyclones, including tropical
storms and tropical depressions)
Nor'Easters (extra-tropical cyclones, including
severe winter Iow-prassure systems)
Severe Storms (windstorms, thunderstorms, hail,
lightning and. tornados)
Severe Winter Storm (heavy snow, blizzards, ice
storms)
Shallow Groundwater
Wildfire
Infastation (ALB, Lymas, etc.)
TABLE 3.
HAZARD IMPACT ON PROPERTY
Hazard Event Impact Numerical Value Multiplied by weighted
value of 2
Coastal Erosion
Drought
Flooding (riverine, flash, coastal, urban flooding)
Groundwater Contamination (natural)
Hurricane (tropical cyclones, including tropical
storms and tropical depressions)
Nor'Easters (extra-tropical cyclones, including
severe winter Iow-pressure systems)
Severe Storms (windstorms, thunderstorms, hail,
lightning and tornados)
Severe Winter Storm (heavy snow, blizzards, ice
storms)
Shallow Groundwater
Wildfire
Infestation (ALB, Lymas, etc.)
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TABLE 4.
HAZARD IMPACT ON ECONOMY
Multiplied by weighted
Hazard Event Impact Numerical Value value of 1
Coastal Erosion
Drought
Flooding (riverine, flash, coastal, urban flooding)
Groundwater Contamination (natural)
Hurricane (tropical cyclones, including tropical
storms and tropical depressions)
Nor'Easters (extra-tropical cyclones, including
severe winter Iow-pressure systems)
Severe Storms (windstorms, thunderstorms, hal!,
lightning and ternados)
Severe Winter Storm (heavy snow, blizzards, ice
storms)
Shallow Groundwater
Wildfire
Infestation (ALB, Lymes, etc.)
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RISK RANKING
The risk ranking for each hazard is determined by multiplying the assigned numerical value for
probability by the sum of the weighted numerical values of impact on people; property and economy (see
Table 5). The following equation shows the risk rating calculation:
Risk Rating = Probability x Impact (people + property + economy)
TABLE 5.
RISK RATING
Total=
Hazard Event Probability Impact (Probability x Impact)
Coastal Erosion
Drought
Flooding (riverine, flash, coastal, urban
flooding)
Groundwater Contamination (natural)
Hurricane (tropical cyclones, including
tropical storms and tropical depressions)
Nor'Easters (extra-tropical cyclones,
including severe winter Iow-pressure
systems)
Severe Storms (windstorms,
thunderstorms, hail, lightning and
tornados)
Severe Winter Storm (heavy snow,
blizzards, ice storms)
Shallow Groundwater
Wildfire
Infestation (ALB, Lymes, etc.)
Once table 5 has been completed above, complete the table under section D of your template. Please be
advised that it is not the intent of this exercise to eliminate subjectivity based on your knowledge of the
history of natural hazard events within your jurisdiction. If this risk ranking exercise generates results
other that what you know based on substantiated data and documentation, you may alter this ranking
based on this knowledge. If this is the case, please note this fact in the comments at the end of the
template. Remember, one of the purposes of this exercise is to support your selection and prioritization of
initiatives in your plan. If you identify an initiative with a high priority that mitigates the risk of a hazard
you have ranked low, that project will not be competitive in the grant arena.
· .. PA R TNER CITY/COUNIT TEMPLATE INSTRUCTIONS
JE.) Capability AssessmentJ
l.)
Legal and regulatory capability
Describe the legal authorities available to your community and/or enabling legislation at the state
level affecting all types of planning and land management tools that can support hazard
mitigation initiatives. Complete the table as indicated. Which of these regulatory tools does your
community have available. If you do not have the regulatory tool as described, indicate as such.
This may help you identify an initiative.
For the purposes of this section, "prohibitions" and "higher jurisdictional authority" are defined
as follows:
Prohibitions: Are there any regulations or laws that may prohibit an initiative you have selected.
Examples would be: floodway regulations, Endangered Species Act or Clean Water act
regulations, etc.
Higher Regulatory Authority: Are there regulations that may impact your initiative that are
enforced or administered by another agency. For example; a state agency, special purpose district.
Under the cotmnents section, please site the code or ordinance # and its data of adoption.
2.) Administrative and Technical Capability
This section requires you to take inventory of the staff/personnel resources available to your
community to help your community in hazard mitigation planning and implementation of specific
mitigation actions. This information can be utilized in the preparation of the mitigation strategy
for your community
3.) Financial Resources
Identify what financial resources are available to your community to aid you in the
implementation of possible mitigation initiatives. The Hazard Mitigation Grant Program and the
Pre-disaster mitigation grant program are not listed here since it is assumed that the grant
programs will be pursued since this plan is a prerequisite for these programs. "Accessible" means
this is a resource that is accessible to your community, or there are limitations or prerequisites
that may hinder your eligibility for this resource.
4.) Community Mitigation Related Classifications
The classifications listed in table E.4 are related to your community's effectiveness in providing
services that may impact your vulnerability to the natural hazards identified. If your community
does not participate in a program, indicate N/A in the appropriate field. Access to the various
classifications will be provided through technical assistance.
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IF.) Hazard Mitigation Action Plan:I
Complete the table to include those initiatives your cmmnunity would like to pursue with this plan. Some
important points to remember when completing this section:
· / Know what is, and is not grant eligible under the Hazard Mitigation Grant Program (HMGP) and
Pre-disaster Mitigation Grant Program (PDM). (See attachment "B "). It is key to remember, that
listing HMGP or PDM as a potential funding source for an ineligible project will be a huge red
flag once this plan goes through review.
'/ Know the overall goals, objectives and guiding principles of the Suffolk County Natural Hazard
Mitigation Plan.
,/ Identify projects where the benefit~ will exceed the costs. (see section G).
· / Include any project that your community has committed to pursuing regardless of grant
eligibility.
,/ Refer to the Mitigation Catalog for mitigation options you might want to consider that are hazard
specific and consistent with the goals and objectives of the plan.
A lot of detail is not needed in the description of the initiative. This will come when you apply for t~he
project grant. Provide enough information to identify the project's scope and impact. However, each
initiative will need to be described such that it clearly illustrates how the action will reduce the risk for the
targeted hazard(s). For example:
,/ Address NFIP identified Repetitive Loss properties. Through targeted mitigation, acquire,
relocate or retrofit the 5 repetitive loss structures within Anytown as funding opportunities
become available.
Non-structural, seismic retrofit of Arcata City Hall.
Floodplain Property acquisition in Freylands subdivision.
Assess and enhance the County flood warning capability by joining the NOAA "Storm Ready"
program.
Also, if you have projects that are not HMGP or PDM grant eligible, but do mitigate part or the entire
hazard and may be eligible for other grant programs sponsored by other agencies, include them in this
section. Also, a hazard specific project is not required for each hazard you have ranked in order to be
eligible for an HMGP project grant after a "declared" disaster. In other words, if you have not identified
an earthquake related project, and an earthquake occurs that causes damage within your community, you
are not discounted from HMGP project grant eligibility. The key here is to identify at least I initiative for
your highest ranked risk(s).
Identify the hazard(s) the initiative will mitigate and illustrate who will be the lead in administering the
project. This will most likely be your governing board. Identify funding source(s) for project. If it is a
grant, include the funding source(s) for the cost share. Refer to your capability assessment to identify
possible sources of funding. Indicate the time line as "short term" (1 to 5 years) or "long term" 5 years or
greater. Identify by number the Suffolk County Hazard Mitigation plan objective(s) the project will meet.
There is no need to list the goals since we made sure that our objectives would meet all goals through the
selection process. These have been provided in the Steering Committee meeting minutes that were
forwarded to you in the past. Technical assistance will be available to your community in completing this
section during the technical assistance visit.
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IG.) Prioritization of Mitigation InitiativesI
Complete the information in table G. The purpose of this exercise is to prioritize your initiatives in a
matter such that meets the requirements of section 201.6 of 44CFR. A brief description of each category
is as follows:
· Initiative #: indicate the number of the initiative from Table F.
· # of Objectives met: How many objectives will the initiative meet?
· Benefits: Enter high, medium or low as defined below.
· Costs: Enter high medium or low as defined below. If you know the estimated cost of a project
because it is part of an existing/on-going program, indicate the amount.
· Do benefits exceed the cost?: Enter yes or no. This is an anecdotal assessment. For example, a
high benefit over a medium cost would = yes.
· Is the project grant eligible? Refer to attachment A.
· Can Project be funded under existing program budgets? Yes or no. in other words, is this
initiative currently budgeted for? Or would it require a new budget authorization or funding from
another source such as grants?
· Priority: List the initiative priority as high, medium or low as defined below.
Benefit/Cost Review
This is not intended to be a detailed benefit/cost analysis that is required of HMGP/PDM project grants.
This is a "review" to determine that the initiatives you have identified meet one of the primary objectives
of the Disaster Mitigation Act. What this exercise hopes to achieve is to identify projects where the
probable benefits will not exceed the probable costs of this project. When performing an anecdotal B/C
review, use the following parameters to define the benefits and costs of.a proposed project as high,
medium or low.
Costs
High: Would require an increase in revenue via an alternative source (i.e., bonds, grams, fee
increases) to implement. Existing funding levels are not adequate to cover the costs of the
proposed project.
Medium: Could budget for under existing work-plan, but would require a reapportionment of the
budget or a budget amendment, or the cost of the project would have to be spread over multiple
years.
Low: Possible to fund under existing budget. Project is part of, or can be part of an existing on-
going program.
Benefits
High: Project will have an immediate impact on the reduction of risk exposure to life and
property.
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Medium: Project will have a long-term impact on the reduction of risk exposure to life and
property, or project will provide an immediate reduction in the risk exposure to property.
Low: Long term benefits of the project are difficult to quantify in the short term.
In using this approach, projects that result in positive benefits versus costs categorical ratios (i.e., high
over high, high over medium, medium over low, etc.), will be considered cost beneficial and should be
prioritized accordingly.
Prioritize you projects as "high," "medium" or "low" priorities as defined below.
Remember, it is not the intent of this exercise to be overly technical. It is a "review" exercise meant to
provide additional information in identifying and prioritizing mitigation initiatives.
Explanation of priorities
High Priority: A project that meets multiple plan objectives, benefits exceeds cost, has funding
secured under existing programs or authorizations, or is grant eligible, and can be completed in
1 to 5 years (i.e., short term project) once project is funded.
Medium Priority: A project that meets at least 1 plan objective, benefits exceeds costs, funding
has not been secured and would require a special funding authorization under existing programs,
grant eligibility is questionable, and can be completed in 1 to 5 years once project is funded.
Low Priority: Any project that will mitigate the risk of a hazard, benefits exceed costs, funding
has not been secured, project is not grant eligible, and time line for completion is considered long
term (5 to 10 years).
IH.) Future needs to better understand risk/vulnerability~
In this section, identify any future studies, analyses, reports, or surveys your community needs to better
understand its vulnerability to identified or currently unidentified risks. These could be needs based on
federal or state agency andates such as EPA s B o-terrorism assessment requirement for Water District.
Additional comments:[
Use this section to add any additional information pertinent to hazard mitigation and your klistrict not
covered in this template.
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Attachment ,,A, ]
Hazard Mitigation Grant Program (HMGP)
Pre-Disaster Mitigation Grant Program (PDM)
FACT SHEET
I. ~AZARDMITIGATION GRANT PROG~ ~
What is the Hazard Mitigation Grant Program?
Authorized under Section 404 of the Stafford Act, the Hazard Mitigation Grant Program (HMGP)
administered by the Federal Emergency Management Agency (FEMA) provides grants to States and local
governments to implement long-term hazard mitigation measures after a major disaster declaration. The.
purpose of the program is to reduce the loss of life and property due to natural disasters and to enable
mitigation measures to be implemented during the immediate recovery from a disaster.
Who is eligible to apply?
Hazard Mitigation Grant Program funding is only available to applicants that reside within a Presidentially
declared disaster area. Eligible applicants are
· State and local governments
· Indian tribes or other tribal organizations
· Certain non-profit organizations
What types of projects can be funded by the HMGP?
HMGP funds may be used to fund projects that will reduce or eliminate the losses from future disasters.
Projects must provide a long-term solution to a problem, for example, elevation of a home to reduce the risk
of flood damages as opposed to buying sandbags and pumps to fight the flood. In addition, a project's
potential savings must be more than the cost of implementing the project. Funds may be used to protect either
public or private properly or to purchase properly that has been subjected to, or is in danger of, repetitive
damage. Examples of projects include, but are not limited to:
· Acquisition of real properly for willing sellers and demolition or relocation of buildings to convert
the property to open space use
· Retrofitting structures and facilities to minimize damages from high winds, ea~hquake, flood,
wildfire, or other natural hazards
· Elevation of flood prone structures
· Development and initial implementation of vegetative management programs
· Minor flood control projects that do not duplicate the flood prevention activities of other Federal
agencies
· Localized flood control projects, such as certain ring levees and floodwall systems, that are designed
specifically to protect critical facilities
· Post-disaster building cede related activities that support building cede officials during the
reconstruction process
What are the minimum project criteria?
There are five issues you must consider when determining the eligibility of a proposed project.
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· Does your projdct conform to your State's Hazard Mitigation Plan?
· Does your project provide a beneficial impact on the disaster area? i.e. the State
· Does your application meet the environmental requirements?
· Does your project solve a problem independently?
· Is your project cost-effective?
11. pRE-DISASTER MITIGATION GRANT PRO~
What is the Pre-Disaster Mitigation competitive grant program?
The Pre-Disaster Mitigation (PDM) competitive grant program provides funds to State, Tribal, and local
governments for pre-disaster mitigation planning and projects primarily addressing natural hazards. Cost-
Effective pre-disaster mitigation activities reduce risk to life and property from natural hazard events before a
natural disaster strikes, thus reducing overall risks to the population and structures, while also reducing
reliance on funding from actual disaster declarations. Funds will be awarded on a competitive basis to
successful Applicants for mitigation planning and project applications intended to make local governments
more resistant to the pacts of future natural disasters.
Who can apply for a PDM competitive grant?
Eligible PDM competitive grant Applicants include State and Territorial emergency management agencies, or
a similar office of the State, District of Columbia, U.S. Virgin Islands, Commonwealth of Puerto Rico, Guam,
American Samoa, Commonwealth of the Northern Mariana Islands, and Federally-recognized Indian Tribal
governments.
Eligible Sub-applicants include State agencies; Federally-recognized Indian Tribal governments; and
local governments (including State recognized Indian Tribal governments and Alaska native villages).
Applicants can apply for PDM competitive grant funds directly to FEIMA, while Sub-applicants must
apply for funds through an eligible Applicant.
Private non-profit organizations are not eligible to apply for PDM but may ask the appropriate local
government to submit an application for the proposed activity on their behalf..
What are eligible PDM projects?
Multi-hazard mitigation projects must primarily focus on natural hazards but also may address
hazards caused by non-natural forces. Funding is restricted to a maximum of $3M Federal share
· per project. The following are eligible mitigation projects:
Acquisition or relocation of hazard-prone property for conversion to open space in perpetuity;
Structural and non-structural retrofitting of existing buildings and facilities (including designs
and feasibility studies when included as part of the construction project) for wildfire, seismic,
wind or flood hazards (e.g., elevation, flood proofing, storm shutters, humcane clips);
Minor structural hazard control or protection projects that may include vegetation
management, Stormwater management (e.g., culverts, floodgates, retention basins), or
shoreline/landslide stabilization; and,
Localized flood control projects, such as certain ring levees and floodwall systems, that are
designed specifically to protect critical facilities and that do not constitute a section of a larger
flood control system.
Mitigation Project Requirements
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Projects should be technically feasible (see Section XI1. Engineering Feasibility) and ready to
implement. Engineering designs for projects must be included in the application to allow FEMA to
assess the effectiveness and feasibility of the proposed project. The project cost estimate should
complement the engineering design, including all anticipated costs. FEMA has several formats
that it uses in cost estimating for projects. Additionally, other Federal agencies' approaches to
project cost estimating can be used as long as the method provides for a complete and accurate
estimate. FEMA can provide technical assistance on engineering documentation and cost
estimation (see Section XIll. D. Engineering Feasibility}.
Mitigation projects also must meet the following criteria:
Be cost-effective and substantially reduce the risk of future damage, hardship, loss, or suffering
resulth~g fi.om a major disaster, consistent with 44 CFR 206.434(c)(5) and related guidance,
and have a Benefit-Cost Analysis that results in a benefit-cost ratio of 1.0 or greater (see
Section X. Benefit-Cost Analysis). Mitigation projects with a benefit-cost ratio less than 1.0
will not be considered for the PDM competitive grant program;
2. Be in conformance with the current FEMA-approved State hazard mitigation plan;
3. Solve a problem independently or constitute a fi~nctional portion of a solution where there is
assurance that the project as a whole will be completed, consistent with 44 CFR 206.434(b)(.4);
4. Be in conformance with 44 CFR Part 9, Floodplain Management and Protection of Wetlands,
and 44 CFR Part 10, consistent with 44 CFR 206.434(c)(3);
Not duplicate benefits available fi.om another source for the same purpose, including assistance
that another Federal agency or program has the primary authority to provide (see Section
VII.C. Duplication of Benefits and Programs);
Be located in a community that is participating in the NFIP if they have been identified through
the NFIP as having a Special Flood Hazard Area (a FHBM or FIRM has been issued). In
addition, the community must not be on probation, suspended or withdrawn fi.om the NFlP;
and,
7. Meet the requirements of Federal, State, and local laws.
What are examples of Ineligible PDM Projects?
The following mitigation projects are not eligible for the PDM program:
Major flood control projects such as dikes, levees, floodwalls, seawalls, groins,
jetties, dams, waterway channelization, beach nourishment or re-nourishment;
Warning systems;
Engineering designs that are not integral to a proposed project;
Feasibility studies that are not integral to a proposed project;
Drainage studies that are not integral to a proposed project;
Generators that are not integral to a proposed project;
Phased or partial projects;
Flood studies or flood mapping; and,
Response and communication equipment.
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APPENDIX G: GLOSSARY
This resource defines terms that are used in or support the risk assessment document. These definitions
were based on terms defined in documents included in the reference section, with modifications as
appropriate to address the SC-specific definitions and requirements.
100-year flood - A flood that has a l-percent chance of being equaled or exceeded in any given year.
This flood event is also referred to as the base flood. The term "100-year flood" can be misleading; it is
not the flood that will occur once every 100 years. Rather, it is the flood elevation that has a 1- percent
chance of being equaled or exceeded each year. Therefore, the 100-year flood could occur more than
once in a relatively short period of time. The 100-year flood, which is the standard used by most federal
and state agencies, is used by the National Floodlnsurance Program (NFIP) as the standard for floodplain
management to determine the need for flood insurance.
500-year flood - A flood that has a 0.2opercent chance of being equaled or exceeded in any one year.
Aggregate Data - Data gathered together across an area or region (for example, census tract or census
block data).
Annualized Loss - The estimated long-term value of losses from potential future hazard occurrences of a
particular type in any given single year in a specified geographic area. In other words, the average annual
loss that is likely to be incurred each year based on frequency of occurrence and loss estimates. Note that
the loss in any given year can be substantially higher or lower than the estimated annualized loss.
Annualized Loss Ratio - Represents the annualized loss estimate as a fraction of the r~placement value
· of the local building inventory. This ratio is calculated using the following formula: Annualized Loss
Ratio = Annualized Losses / Exposure at Risk. The annualized loss ratio gauges the relationship between
average annualized loss and building value at risk. This ratio can be used as a measure of relative risk
between hazards as well as across different geographic units
Areal Locations of Hazardous Atmospheres (ALOHA) - A computer program that uses information
provide by the user, along with physical property data from its chemical library, to predict how a
hazardous gas cloud might disperse in the atmosphere after an accidental chemical release. ALOHA can
predict rates of chemical release from broken gas pipes, leaking tanks, and evaporating puddles. ALOHA
can model the dispersion of both neutrally buoyant and heavier-than-air gases.
Asset - Any man-made or natural feature that has value, including but not limited to people, buildings,
infrastructure (such as bridges, roads, and sewer and water systems), and lifelines (such as electricity and
· communication resources or environmental, cultural, or recreational features like parks, dunes, wetlands,
or landmarks).
At-Risk - Exposure values that include the entire building inventory value in census blocks that lie
within or border the inundation areas or any area potentially exposed to a hazard based on location.
Base Flood - Flood that has a 1-percent probability of being equaled or exceeded in any given year. It is
also known as the 100-year flood.
Base Flood Elevation (BFE) - Elevation of the base flood in relation to a specified datum, such as the
National Geodetic Vertical Datum of 1929. The BFE is used as the standard for the National Flood
Insurance Program.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York G-1
DRAFT - September 2007
Benefit - Net project outcomes, usually defined in monetary terms. Benefits may include direct and
indirect effects. For the purposes of conducting a benefit-cost analysis of proposed mitigation measures,
benefits are limited to specific, measurable, risk reduction' factors, including a reduction in expected
property losses (building, content, and function) and protection of human life.
Benefit-cost analysis (BCA) - Benefit-cost analysis is a systematic, quantitative method of comparing
the projected benefits to projected costs of a project, or policy. It is used as a measure of cost
effectiveness.
Building - A structure that is walled and roofed, principally aboveground and permanently fixed to a site.
The term includes a manufactured home on a permanent foundation on which the wheels and axles carry
no weight.
Building Codes - Regulations that set forth standards and requirements for construction, maintenance,
operation, occupancy, use, or appearance of buildings, premises, and dwelling units. Building codes can
include standards for structures to withstand natural disasters.
Capability Assessment - An assessment that provides a description and analysis of a community or
state's current capacity to address the threats associated with hazards. The capability assessment attempts
to identify and evaluate existing policies, regulations, programs, and practices that positively or
negatively affect the community or state's vulnerability to hazards or specific threats.
Community Rating System (CRS) - CRS is a program that provides incentives for National Flood
Insurance Program communities to complete activities that reduce flood hazard risk. When the
community completes specific activities, the insurance premiums of these policyholders in communities
are reduced.
Comprehensive Plan - A document, also known as a "general plan", covering the entire geographic area
of a community and expressing community goals and objectives. The plan lays out the vision, policies,
and strategies for the future of the community, including all of the physical elements that will determine
the community's future development. This plan can discuss the community's desired physical
development, desired rate and quantity of growth, community character, transportation services, location
of growth, and siting of public facilities and transportation. In most states, the comprehensive plan has no
authority in and of itself, but serves as a guide for community decision-making.
Critical Facility - Facilities that are critical to the health and welfare of the population and that are
especially important following a hazard. CritiCal facilities include essential facilities, transportation
systems, lifeline utility systems, high-potential loss facilities, and hazardous material facilities. As defined
for the Village of Briarcliff Manor risk assessment, this category includes police stations, fire and/or EMS
stations, major medical care facilities and emergency communications.
Dam Failure - A partial or complete breach in a dam, which impacts its integrity. Dam failures occur for
a number of reasons such as flash flooding, inadequate size of spillways, mechanical failure of valves and
other equipment, rodent activities in earthen dams, freezing and thawing cycles, earthquakes, and
intentional destruction.
Debris - The scattered remains of assets broken or destroyed during the occurrence of a hazard. Debris
caused by a wind or water hazard event can cause additional damage to other assets.
Digital Elevation Model (DEM) - U.S. Geological Survey (USGS) Digital Elevation Model (DEM) data
files that are digital representations of cartographic information in a raster form. DEMs include a sampled
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York G-2
DRAFT - September 2007
array of elevations for a number of ground positions at regularly spaced intervals. These digital
cartographic/geographic data files are produced by USGS as part of the National Mapping Program.
Displacement Time - After a hazard occurs, the average time (in days) that a building's occupants must
operate from a te~nporary location while repairs are made to the original building due to damages
resulting from the hazard.
Disaster Mitigation Act of 2000 (DMA 2000) - Law that requires and rewards local and state pre-
disaster planning, promotes sustainability as a strategy for disaster resistance, and is intended to integrate
state and local planning with the aim of strengthening state-wide mitigation planning.
Drought - A period of time without substantial rainfall that persists from one year to the next. Droughts
can affect large areas and can impact areas that range from a few counties to several states. Along with
decreasing water supplies for human consumption and use, droughts can kill crops, livestock, grazing
land, edible plants, and even in severe cases, trees.
Duration,- The length of time a hazard occurs.
Earthquake - A sudden motion or trembling that is caused by a release of strain accumulated within or
along the edge of earth's tectonic plates.
Erosion - Wearing away of the land surface by detachment and movement of soil and rock fragments,
during a flood or storm or over a period of years, through the action of wind, water, or other geologic
processes.
Erosion Hazard Area - Area anticipated to be lost to shoreline retreat over a given period of time. The
projected inland extent of the area is measured by multiplying the average annual long-term recession rate
by the number of years desired.
Essential Facility - A facility that is important to ensure a full recovery of a community or state
following the occurrence of a hazard. These facilities can include: government facilities, major
employers, banks, schools, and certain commercial establishments (such as grocery stores, hardware
stores, and gas stations). For the Village of Briarcliff Manor risk assessment, this category was defined to
include schools, colleges, shelters, adult living and adult care facilities, medical facilities and health
clinics, hospitals.
Exposure - The number and dollar value of assets that are considered to be at risk during the occurrence
of a specific hazard.
Extent - The size of an area affected by a hazard or the occurrence of a hazard.
Federal Emergency Management Agency (FEMA) - Independent agency (now part of the Department
of Homeland Security) created in 1978 to provide a single point of accountability for all federal activities
related to disaster mitigation and emergency preparedness, response, and recovery.
Fire Potential Index (FPI) - Developed by USGS and the U.S. Forest Service (USFS) to assess and map
the potential for a fire hazard over broad, defined areas. Based on such geographic information, national
policy makers and "on-the-ground" fire managers established priorities for prevention activities in the
defined areas to reduce the risk of managed and wildfire ignition and spread. This index helps to shorten
the time between fire ignition and initial attack by enabling fire managers to pre-allocate, target, and stage
suppression forces to high-fire risk areas.
DMA 2000 Hazard Mitigation Plan - Sulfolk County, New York G-3
DRAFT - September 2007
Flash Flood - A flood occurring With little or no warning where water levels rise at an extremely fast
rate.
Flood - A general and temporary condition of partial or complete inundation of normally dry land areas
resulting from ( 1 ) the overflow of inland or tidal waters, (2) the unusual and rapid accumulation or runoff
of surface waters from any source, or (3) mudflows or the sudden collapse of shoreline land.
Flood Depth - Height of the flood water surface above the ground surface.
Flood Elevation - Height of the water surface above an established datum (for example, the National
Geodetic Vertical Datum of 1929, North American Vertical Datum of 1988, or mean sea level).
Flood Hazard Area - Area shown to be inundated by a flood of a given magnitude on a map.
Flood Information Tool (FIT) - Hazard U.S. Multi-Hazard (HAZUS-MH)- related tool designed to
process and convert locally available flood information to data that can be.used by the HAZUS-MH Flood
Module. The FIT is a system of instructions, tutorials and geographic information system (GIS) analysis
scripts. When provided with user-supplied inputs (such as ground elevations, flood elevations, and
floodplain boundary information), the FIT calculates flood depth and elevation for river and coastal flood
hazards.
Flood Insurance Rate Map (FIRM) - Map of a community, prepared by the FEMA that shows both the
special flood hazard areas and the risk premium zones applicable to the community.
Flood Insurance Study (FIS) - A study that provides an examination, evaluation, and determination of
flood hazards and, if appropriate, corresponding water surface elevations in a community or commgnities.
Flood Mitigation Assistance (FMA) Program - A program created as a part of the National Flood
Insurance Report Act of 1994. FMA provides funding to assist communities and states in implementing
actions that reduce or eliminate the long-term risk of flood damage to buildings, manufactured homes,
and other NFIP insurance structures, with a focus on repetitive loss properties.
Floodplain - Any land area, including a watercourse, susceptible to partial or complete inundation by
water from any source.
Flood Polygon - A geographic information system vector file outlining the area exposed to the flood
hazard. HAZUS-MH generates this polygon at the end of the flood computations in order to analyze the
inventory at risk.
Frequency - A measure of how often events of a particular magnitude are expected to occur. Frequency
describes how often a hazard of a specific magnitude, duration, and/or extent typically occurs, on average.
Statistically, a hazard with a 100-year recurrence interval is expected to occur once every 100 years on
average, and would have a 1-percent chance of happening in any given year. The reliability of this
information varies depending on the kind of hazard being considered.
Fujita Scale of Tornado Intensity - Rates tornadoes with numeric values from FO to F5 based on
tornado wind speed and damage sustained. An FO (wind speed less than 73 mph) indicates minimal
damage such as broken tree limbs or signs, while an F5 (wind speeds of 261 to 318 mpg) indicated severe
damage sustained.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York G-4
DRAFT - September 2007
Goals - General guidelines that explain what you want to achieve. They are usually broad policy-type
statements, long term in nature, and represent global visions.
Geographic Information Systems (GIS) - A computer software application that relates data regarding
physical and other features on the earth to a database to be used for mapping and analysis.
GIS Shape Files A type of GIS vector file developed by ESRI for their ArcView software. This type of
file contains a table and a graphic. The records in the table are linked to corresponding objects in the
graphic.
Hailstorm - Storm associated with spherical balls of ice. Hail is a product of thunderstorms or intense
showers. It is generally white and translucent, consisting of liquid or snow particles encased with layers
of ice. Hail is formed within thc higher, reaches of a well-developed thunderstorm. When hailstones
become too heavy to be caught in an updraft back into the clouds of the thunderstorm (hailstones can be
caught in numerous updrafts adding a coating of ice to the original frozen droplet of rain each time), they
fall as hail and a hailstorm ensues.
}lazard - A source of potential danger or an adverse condition that can cause harm to people or cause
property damage. For this risk assessment, priority hazards were identified and selected for the pilot
project effort. A natural hazard is a hazard that occurs naturally (such as flood, wind, and earthquake). A
man-made hazard is one that is caused by humans (for example, a terrorist act or a hazardous material
spill). Hazards are of concern if they have the potential to harm people or property.
}lazards of lnterest- A comprehensive listing of hazards that may affect an area.
Hazards of Concern - Those hazards that have been analytically determined to pose significant risk in
an area, and thus the focus of the particular mitigation plan for that area (a subset of the Hazards of
Interest).
Hazard Identification - The process of identifying hazards that threaten an area.
Hazardous Material Facilities - Facilities housing industrial and hazardous materials, such as
corrosives, explosives, flammable materials, radioactive materials, and toxins.
Hazard Mitigation - Sustained actions taken to reduce or eliminate the long-term risk and effects that
can result from the occurrence ora specific hazard. For example, building a retaining wall can protect an
area from flooding.
Hazard Mitigation Grant Program (HMGP) - Authorized under Section 404 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, HMGP is administered by FEMA and provides grants to
states, tribes, and local governments to implement hazard mitigation actions after a major disaster
declaration. The purpose of the program is to reduce the loss of life and property due to disasters and to
enable mitigation activities to be implemented as a community recovers from a disaster.
Hazard Mitigation Plan - A collaborative document in which hazards affecting the community are
identified, vulnerability to hazards assessed, and consensus reached on how to minimize or eliminate the
effects of these hazards.
Hazard Profile - A description of the physical characteristics of a hazard, including a determination of
various descriptors including magnitude, duration, frequency, probability, and extent. In most cases, a
community can most easily use these descriptors when they are recorded and displayed as maps.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York G-5
DRAFT - September 2007
Hazard Risk Gauge The graphic icon used during the initial planning process to convey the relative
risk of a given hazard in the study area. The scale ranges from green indicating relatively low or no risk
to red indicating severe risk.
Hazard Analysis New York (HAZNY) - Developed by the American Red Cross and the New York
State Emergency Management Office (NYSEMO) on October 2, 2003. It is an automated interactive
spreadsheet that asks specific questions on potential hazards in a community and records and evaluates
the responses to these questions.
Hazards U.S. (HAZUS) - A GIS-based nationally standardized earthquake loss estimation tool
developed by FEMA. HAZUS was replaced by HAZUS-MH (see below) in 2003.
Hazards U.S. - Multi-Hazard OtAZUS-MH) - A GIS-based nationally standardized earthquake, flood,
and wind loss estimation tool developed by FEMA. The purpose of this pilot project is to demonstrate
and implement the use of HAZUS-MH to support risk assessments
HAZUS-MH Risk Assessment Methodology - This analysis uses the HAZUS-MH modules
(earthquake, wind--hurricane and flood) to analyze potential damages and losses. For this pilot project
risk assessment, the flood and hurricane hazards were evaluated using this methodology.
HAZUS-MH-Driven Risk Assessment Methodology - This analysis involves using inventory data in
HAZUS-MH combined with knowledge such as (l) information about potentially exposed areas, (2)
expected impacts, and (3) data regarding likelihood of occurrence for hazards. For this risk assessment, a
HAZUS-Driven Risk Assessment Methodology could not be used to estimate losses associated with any
hazards because of a lack of adequate data. However, the methodology was used, based on more limited
data to estimate exposure for the dam failure, urban fire, fuel pipeline breach, and HazMat release
hazards.
High Potential Loss Facilities - Facilities that would have a high loss associated with them, such as
nuclear power plants, dams, and military installations.
Hurricane - An intense tropical cyclone, formed in the atmosphere over warm ocean areas, in which
wind speeds reach 74 miles-per-hour or more and blow in a large spiral around a relatively calm center or
"eye." Hurricanes develop over the North Atlantic Ocean, northeast Pacific Ocean, or the South Pacific
Ocean (east of 160°E longitude). Hurricane circulation is counter-clockwise in the Northern Hemisphere
. and clockwise in the Southern Hemisphere.
Hydraulics - That branch of science, or of engineering, which addresses fluids (especially, water) in
motiou, its action in rivers and canals, the works and machinery for conducting or raising it, its use as a
prime mover, and other fluid-related areas.
Hydrology - The science of dealing with the waters of the earth (for example, a flood discharge estimate
is developed through conduct of a hydrologic study).
Infrastructure - The public services of a community that have a direct impact on the quality of life.
Infrastructure includes communication technology such as phone lines or Internet access, vital services
such as public water supplies and sewer treatment facilities, transportation system (such as airports,
heliports; highways, bridges, tunnels, roadbeds, overpasses, railways, bridges, rail yards, depots; and
waterways, canals, locks, seaports, ferries, harbors, dry docks, piers and regional dams).
Intensity - A measure of the effects of a hazard occurring at a particular place.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York G-6
DRAFT - September 2007
Inventory - The assets identified in a s~udy region. It includes assets that can be lost when a disaster
occurs and co~mnunity resources are at risk. Assets include people, buildings, transportation, and other
valued cmmnunity resources.
Landslide - Downward movement of a slope and materials under the force of gravity.
Level I Analysis - A HAZUS-MH analysis that yields a rough estimate or preliminary analysis based on
the nationwide default database included in HAZUS-MH. A Level 1 analysis is a great way to begin the
risk assessment process and prioritize high-risk communities without collecting or using local data.
Level 2 Analysis - A HAZUS-MH analysis that requires the input of additional or refined data and
hazard maps that will produce more accurate risk and loss estimates. Assistance from local emergency
management personnel, city planners, GIS professionals, and others may be necessary for this level of
analysis.
Level 3 Analysis - A HAZUS-MH analysis that yields the most accurate estimate of loss and typically
requires the involvement of technical experts such as structural and geotechnical engineers who can
modify loss parameters based on the specific conditions of a community. This level analysis will allow
users to supply their own techniques to study special conditions such as dam breaks and tsunamis.
Engineering and other expertise is needed at this level.
Lifelines - Critical facilities that include utility systems (Potable water, wastewater, oil, natural gas,
electric power facilities and communication systems) and transportation systems (airways, bridges, roads,
tunnels and waterways).
Loss Estimation - The process of assigning hazard-related damage and loss estimates to inventory,
ififrastructure, lifelines, and population data. HAZUS-MH can estimate the economic and social loss f6r
specific hazard occurrences. Loss estimation is essential to decision making at all levels of government
and provides a basis for developing mitigation plans and policies. It also supports planning for
emergency preparedness, response, and recovery.
Lowest Floor - Under the NFIP, the lowest floor of the lowest enclosed area (including basement) of a
structure. For the HAZUS-MH flood model, this information can be used to assist in assessing the
damage to buildings.
Magnitude - A measure of the strength of a hazard occurrence. The magnitude (also referred to as
severity) of a given hazard occurrence is usually determined using technical measures specific to the
hazard. For example, ranges of wind speeds are used to categorize tornados.
Major Disaster Declarations - Post-disaster status requested by a state's governor wheh local and state
resources are not sufficient to meet disaster needs. It is based on the damage assessment, and an
agreement to commit state funds and resources to the long-term recovery. The event must be clearly
more than the state or local government can handle alone.
Mean Return Period (MRP) - The average period of time, in years, between occurrences of a particular
hazard {equal to the inverse of the annual frequency of exceedance).
Mitigation Actions - Specific actions that help you achieve your goals and objectives.
Mitigation Goals - General guidelines that explain what you want to achieve. They are usually broad
policy-type statements, long term, and represent global visions.
DMA 2000 Ha~rd ~iiig'~iion Pia~: ~,,ff3i~ bo ,i¢ N~ Y3;~ G:7
DRAFT - September 2007
Mitigation Objectives - Strategies or implementation steps to attain the identified goals. Unlike goals,
objectives are specific and measurable.
Mitigation Plan - A plan that documents the process used for a systematic evaluation of the nature and
extent of vulnerability to the effects of natural hazards typically present in a state or colmnunity. The
plan includes a description of actions to minimize future vulnerability to hazards. This plan should be
developed with local experts and significant cmmnunity involvement.
National Flood Insurance Program (NF1P) - Federal program created by Congress in 1968 that makes
flood insurance available in communities that enact minimum floodplain management regulations in 44
Code of Federal Regulations (CFR) §60.3.
National Weather Service (N3VS) - Organization that prepares and issues flood, severe weather, and
coastal storm warnings and can provide technical assistance to Federal and state entities in preparing
weather and flood warning plans.
Objectives - Objectives define strategies or implementation steps 'to attain the identified goals. Unlike
goals, objectives are specific and measurable.
Occupancy Classes - Categories of buildings used by HAZUS-MH (for example, commercial,
residential, industrial, government, and "other").
Ordinance - A term for a law or regulation adopted by local government.
Outflow - Associated with coastal hazards and follows water inundation creating ~trong currents that rip
at structures and pound them with debris, and erode beaches and coastal structures.
Parametric Model - A model relating to or including the evaluation of parameters. For example,
HAZUS-MH uses parametric models that address different parameters for hazards such as earthquake,
flood and wind (hurricane). F°r example, parameters considered for the earthquake hazard include soil
type, peak ground acceleration, building construction type and other parameters.
Pilot Project - In this case, a project sponsored by FEMA to support the implementation of studies
conducted in coordination with communities. The project focuses on demonstrating the value and
benefits of using HAZUS-MH for the risk assessment portion of all-hazard mitigation plans required by
the Disaster Mitigation Act of 2000. The projects demonstrate the value of using HAZUS-MH to
evaluate, and analyze natural hazards that a number of state and local communities might address in their
planning process. The pilot projects demonstrate that HAZUS-MH can provide defensible cost and loss
estimates using the engineering and scientific risk calculations included in the software.
Planimetric - Maps that indicate only man-made features like buildings.
Planning - The act or process of making or carrying out plans; the establishment of goals, policies and
procedures for a social or economic unit.
· Post-disaster mitigation - Mitigation actions taken after a disaster has occurred, usually during recovery
and reconstruction.
Presidential Disaster Declaration - A post-disaster status that puts into motion long-term federal
recovery programs, some of which are matched by state programs, and designed to help disaster victims,
businesses, and public entities in the areas of human services, public assistance (infrastructure support),
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York G-8
DRAFT - September 2007
and hazard mitigation. If declared, funding comes from the President's Disaster Relief Fund and disaster
aid programs of other participating federal agencies.
Preparedness - Actions that strengthen the capability of government, citizens, and communities to
respond to disasters.
Priority Hazards - Hazards considered most likely to impact a community based on frequency, severity,
or other factors such as public perception. These are identified using available data and local knowledge.
Provided Data - The databases included in the HAZUS-MH software that allow users to run a
preliminary analysis without collecting or using local data.
Probability - A statistical measure of the likelihood that a hazard event will occur.
Public education and outreach programs - Any campaign to make the public more aware of hazard
mitigation and mitigation programs, including hazard information centers, mailings, public meetings, etc.
Q3 Flood Zone Data - FEMA flood data that delineate the 100o and 500-year flood boundaries. The Q3
Flood Data are digital representations of certain features of FEMA's Flood Insurance Rate Map (FIRM)
product, intended for use with desktop mapping and GIS technology.
Recovery - The actions taken by an individual or community after a catastrophic event to restore order
and lifelines in the community.
Regulation - Most states have granted local jurisdictions broad regulatory powers to enable the
enactment and enforcement of ordinances that deal with public health, safety, and welfare. These include
building codes, building inspections, zoning, floodplain and subdivision ordinances, and growth
management initiatives.
Recurrence Interval - The average time between the occurrences of hazardous events of similar size in a
given location. This interval is based on the probability that the given event will be equaled or exceeded
in any given year.
Repetitive Loss Property - A property that is currently insured for which two or more National Flood
Insurance Program losses (occurring more than ten days apart) of at least $1,000 each have been paid
within any 1 O-year period since 1978.
Replacement Value - The cost of rebuilding a structure. This cost is usually expressed in terms of cost
per square foot and reflects the present-day cost of labor and materials to construct a building of a
particular size, type and quality.
Resolutions - Expressions of a governing body's opinion, will, or intention that can be executive or
administrative in nature. Most planning documents must undergo a council resolution, which must be
supported in an official vote by a majority of representatives to be adopted. Other methods of making a
statement or announcement about a particular issue or topic include proclamations or declarations.
Resources - Resources include the people, materials, technologies, money, etc., required to implement
strategies or processes. The costs of these resources are often included in a budget.
Risk - The estimated impact that a hazard would have on people, services, facilities, and structures in a
community; the likelihood of a hazard occurring and resulting in an adverse condition that causes injury
DMA 2000 Hazard Mitigation Plan - Sulfolk County, New York G-9
DRAFT - September 2007
or damage. Risk is often expressed in relative terms such as a high, moderate or low likelihood of
sustaining damage above a particular threshold due to occurrence of a specific type of hazard. Risk also
can be expressed in terms of potential monetary losses associated with the intensity of the hazard.
Risk Assessment - A methodology used to assess potential exposure and estimated losses associated
with priority hazards. The risk assessment process includes four steps: (1) identifying hazards, (2)
profiling hazards, (3) conducting an inventory of assets, and (4) estimating losses. This pilot project
report documents this process for selected hazards addressed as part of the pilot project.
Risk Factors - Characteristics of a hazard that contribute to the severity of potential losses in the study
area.
Riverine - Of or produced by a river (for example, a riverine flood is one that is caused by a river
overflowing its banks).
Scale - A proportion used in determining a dimensional relationship; the ratio of the distance between
two. points on a map and the actual distance between the two points on the earth's surface.
Scour - Removal of soil or fill material by the flow of floodwaters. This term is frequently used to
describe storm-induced, localized, conical erosion around pilings and other foundation supports where the
obstruction of flow increases turbulence.
Special Facility - A facility of special importance to a particular community. For the Village of
Briarcliff Manor risk assessment, this category includes [TBD].
Special Flood Hazard Area (SFHA) - An area within a floodplain having a 1-percent or greater chanc~
of flood occurrence in any given year (that is, the 100-year or base flood zone); represented on FIRMS as
darkly shaded areas with zone designations that include the letter "A" or "V."
Stafford Act - The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law (PL)
100-107 was signed into law on November 23, 1988. This law amended the Disaster Relief Act of 1974,
PL 93-288. The Stafford Act is the statutory authority for most Federal disaster response activities,
especially as they pertain to FEMA and its programs.
Stakeholder - Stakeholders are individuals or groups, including businesses, private organizations, and
citizens, that will be affected in any way by an action or policy.
State Hazard Mitigation Officer (SHMO) - The representative of state government who is the primary
point of contact with FEMA, other state and Federal agencies, and local units of government in the
planning and implementation of pre- and post-disaster mitigation activities.
Structure - Something constructed (for example, a residential or commercial building).
Study Area - The geographic unit for which data are collected and analyzed. A study area can be any
combination of states, counties, cities, census tracts, or census blocks. The study area definition depends
on the purpose of the loss study and in many cases will follow political boundaries or jurisdictions such as
city limits.
Substantial Damage - Damage of any origin sustained by a structure in a SFHA, for which the cost of
restoring the structure to its pre-hazard event condition would equal or exceed 50 percent of its pre-hazard
event market value.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York G-10
DRAFT - September 2007
Topographic - Map that shows natural features and indicate the physical shape of the land using contour
lines based on land elevation. These maps also can include man-made features (such as buildings and
roads).
Tornado - A violently rotating column of air extending from a thunderstorm to the ground.
Transportation Systems - One of the lifeline system categories. This category includes: airways
(airports, heliports, highways), bridges, tunnels, roadbeds, overpasses, transfer centers; railways (tracks,
tunnels, bridges, rail yards, depots), and waterways (canals, locks, seaports, ferries, harbors, dry docks,
piers).
Utility Systems - One of the lifeline systems categories. This category includes potable water,
wastewater, oil, natural gas, electric power facilities and communication systems.
Vulnerability - Description of how expoged or susceptible an asset is to damage. This value depends on
an asset's construction, contents, and the economic value of its functions. Like indirect damages, the
vulnerability of one element of the community is often related to the 'vulnerability of another. For
example, many businesses depend on uninterrupted electrical power. If an electric substation is flooded,
it will affect not only the substation itself, but a number of businesses as well. Often, indirect affects can
be much more widespread and damaging than direct affects.
Vulnerability Assessment - Evaluation of the extent of injury and damage that may result from a hazard
event of a given intensity in a given area. The vulnerability assessment should address impacts of hazard
occurrences on the existing and furore built environment.
Watershed - Area of land that drains down gradient (from areas of higher land to areas ~f lower land) to
· the lowest point; a common drainage basin. The water moves through a network of drainage pathways,
both underground and on the surface. Generally, these pathways converge into streams and rivers, which
become progressively larger as the water moves downstream, eventually reaching an estuary, lake, or
ocean.
Wildfire - An uncontrolled fire spreading through vegetative fuels, exposing and possibly consuming
structures.
Windstorm - A storm characterized by high wind velocities.
Zone - A geographical area shown on a National FIRM that reflects the severity or type of flooding in the
area.
Zoning Ordinance - Designation of allowable land use and intensities for a local jurisdiction. Zoning
ordinances consist of two components: a zoning text and a zoning map.
DMA 2000 Hazard Mitigation Plan - Suffolk County, New York G-11
DRAFT - September 2007