Floodplain Management 24 CFR Part 55 1 Floodplain

Floodplain Management 24 CFR Part 55 1

Floodplain Management Lester H. Berman, Environmental Officer Lester_H. _Berman@hud. gov; (817) 978 -5983 Jack L. Pipkin, Environmental Specialist Jack_L. _Pipkin@hud. gov; (817) 978 -5985 W. Laurence Doxsey, Environmental Protection Specialist W. _Laurence_Doxsey@hud. gov; (210) 475 -6800, ext. 2882 2

Floodplain Management • Executive Order 11988 – Floodplain Management www. hud. gov/offices/cpd/energyenviron/environ ment/lawsandregs/lawsauthorities/eo/1198 8. cfm • 24 CFR Part 55 – Floodplain Management www. hud. gov/offices/cpd/energyenviron/environ ment/lawsandregs/index. cfm 3

Executive Order 11988 Signed by President Carter May 24, 1977 4

Noted that Floodplains provide: • • Wildlife habitat Agricultural and forest products Stable ecosystems Park and recreation areas 5

Noted that unwise use of Floodplains pose a severe threat to human life, health and property 6

The Purpose of Executive Order 11988 was to: • Avoid, to the extent possible, the long and short term adverse impacts associated with occupancy and modification of floodplains • Avoid the direct or indirect support of floodplain development, wherever there is a practicable alternative 7

Executive Order 11988 also Required Federal Agencies to: • Avoid development in the Floodplain • Develop regulations within 6 months (24 CFR Part 55) 8

Why? 9

10

Floodplain Management 24 CFR Part 55 Applies to: • Physical actions in 100 year • Single family rehab only > 50% market value • Includes: • Structures • Roads • Pipelines • Anything except minor clearing and grubbing 11

24 CFR Part 58. 12 Eight Step Process Does not Apply to: • Actions on 1 -4 family dwelling < 50% change in value including minor repairs and rehabilitation • Incidental portion in an adjacent floodplain in certain cases (24 CFR 55. 12(c)(6)) • Imminent threats to health/safety • Minor amendment to approved action with no adverse impact • Down payment assistance to existing homes • Areas with LOMA/LOMR indicating the property was removed from the floodplain • Mortgage Insurance (Single Family) 12

Floodplain Management Decision Making Process • Requires: • Consideration of alternatives • Public Notice/s (2) • Mitigate damage • Process called: 8 -Step Process 13

Project in Floodplain Requirements: • Compliance with 8 -step process • Flood Insurance required (58. 6) • Community must be in NFIP (except for Entitlement States) 14

24 CFR Part 55 Terminology 100 Year Floodplain: • The area subject to a 1% chance or greater of Flooding in any given year • Indicated by Zone A, AE, AO, AH, AR, A 99 and Zone V 100 with coastal 15

24 CFR Part 55 Terminology 500 Year Floodplain: • The minimum floodplain of concern for critical actions and is the area subject to flooding 0. 2 % in any given year • Indicated by Zone B and X 16

24 CFR Part 55 Terminology Coastal High Hazard Area: area subject to high velocity waters, including but not limited to hurricane wave wash and tsunamis. Zone V, V 1 -30 and VE 17

24 CFR Part 55 Terminology High Hazard Area: • A floodway or a coastal high hazard area 18

24 CFR Part 55 Terminology Floodway: • That portion of the floodplain that is carrying Flow, where the flood hazard is generally the greatest and the water depth and velocities are the highest 19

Floodway The Area Where the River Flows During a Flood 100 Year Flood. Plain Floodway 500 Year Floodplain 20

Critical Actions Terminology Any Activity for which the risk of flooding is too great: • Fire and explosive hazards • Irreplaceable records • Emergency services • Occupants who cannot evacuate due to mobility limitations 21

Critical Action 500 year 100 Year Nursing Home 22

Critical Actions Not Allowed If the Project is: • Located in the Floodway • Located in Coastal High Hazard Area 23

Critical Actions Allowed If the Project is: • Located outside the 500 year floodplain • Located inside 100/500 year floodplain after 8 -step process 24

Critical Action Project in 500 Year Floodplain Must be built at 100 year flood level and participate in: • Early warning system • Emergency evacuation plan • ID evacuation routes • Mark flood levels on structures 25

24 CFR Part 55 Terminology Only action allowed in Floodway Functionally Dependent Use: a land use that must necessarily be conducted in close proximity to water (a dam, marina, bridge) 26

24 CFR Part 55 Terminology Substantial Improvement: • Any repair, reconstruction, modernization or improvement of a structure the cost of which equals or exceeds 50% of the market value or results in an increase of more that 20% in the units 27

The 8 -Step Process Step 1 ÊIs the site in the 100 yr Floodplain? IF no, • Photo Copy FIRM Map and panel • Indicate site location on map • Use to document the ERR • Proceed with project 28

Incidental to the site 29

The 8 -Step Process Step 1 ÊIs the site in or will it impact the 100 year Floodplain? If no, to building, construction or impact, then • Photo Copy FIRM Map and panel • Indicate site location on map floodplain • Use to document the ERR • (24 CFR Part 55. 12(c)(6)) • Create deed restriction and • Drainage plan Structure • Proceed with project 30

The 8 -Step Process Step 1 Ê Is the site in the 100 yr Floodplain? site? building? both? floodplain IF yes to building or impact: Structure Continue to Step Two 31

Step 2 Early Public Notice • Provide for public involvement at the earliest stage possible. Earlier involvement permits greater range of decision outcomes and public input to decisionmaking • Allow at least 15 -DAY comment period Ë Shall state • • • The name of the project Proposed location Describe the activity Amount of property (in acres) in the FP Location of the Environmental Review Record Name and telephone number of the official to receive comments 32

U. S. Water Resources Council Floodplain Management Guidelines for Implementing Executive Order 11988 43 FR 6030, February 10, 1978 Additional guidance suggests: 33

Step 2 (continued) • The agency provide for an integrated procedure for involvement of the public in the floodplain management decisionmaking process. Those agency public involvement procedures should include the following elements: 34

Step 2 (continued) • A description of the overall audience including specific segments to whom public notice information will be targeted (e. g. , floodplain residents, elected officials, basin residents, interest groups, other agencies, etc. ) • A description of the public information mechanisms to be utilized in reaching the target audience (e. g. , public hearings, newsletters, workshops, advisory groups, etc. ). Provide continuous interaction and involvement opportunities for the public in the decision-making process. 35

Step 2 (continued) • A description of the purpose for various public notice actions that will be undertaken and assurance that public input will be integrated into the decision-making process (e. g. , specific efforts to provide one way information dissemination, two way public communication or interaction, etc. ). The public information should promote the fullest understanding of the proposed action or plan. • An explanation of the timing of public notice actions to promote public understanding and provide opportunities for the public to affect a proposed action before alternatives are precluded. 36

The Notice must also • Be bilingual, if a largely non-English speaking public is involved. • Distribution should be similar to NOI/RROF requirements. • Identify the purpose in soliciting input (e. g. , alternatives to be considered, mitigation measures to be evaluated, or factors of special interest to be incorporated into the study). 37

Step 3 Identify and Evaluate Alternatives Ì What are the alternatives? • Alternative sites • Natural conditions • Social demands/needs • Economic cost • Legal limitation • Alternative scopes • Alternative methods to achieve project goals • A “no project” alternative 38

Step 4 Identify Impacts • Impact to the floodplain • Impact to people and property • Types of impact • Positive and negative • Concentrated and dispersed • Short and long term 39

Step 5 Minimize, Restore and Preserve Î Minimize harm to lives and property • Limit fill in floodplain • Minimize grading • Relocate non-conforming structures • Preserve natural drainage • Maintain buffers • Use detention ponds • Minimize tree cutting 40

Step 6 Reevaluate the Project Ï Is project still feasible considering: • Exposure to floods • Potential to increase hazards • New information gathered in step 4 and 5 41

Step 7 Publish the Final Notice Ð If it is determined there is no practicable alternative: • Publish Final Notice • Justify location in Floodplain • List alternatives considered • List all mitigation measures • WAIT at least seven days before approval 42

Step 8 Implement the Project ÑContinued requirement to: • Monitor and • Ensure mitigation measures are implemented 43

Eight Step Process Timing: • Process must be completed prior to NOI/RROF 44

Floodplain Management 24 CFR Part 55 4 Single Family Homes Nursing Home Facade Improvements Park: New Jogging Trails Streets Zone AO Zone X Is the 8 step process required for: • Single family rehab < 50 % cost of replacement • Single Family New Construction • New Jogging Trails • The Nursing Home • The Facade Improvements • Sewer and Water Improvements 45

Wetlands Protection 46

Protection of Wetlands EO 11990 • Required Federal Agencies to develop regulations to avoid: • Destruction/modification of wetlands • Long and short term adverse impacts 47

Protection of Wetlands Purpose: • Federal Agencies should: • Avoid long and short term impacts (destruction and/or modification of wetlands) • Avoid support of construction in wetland • Requires 8 -step process 48

Protection of Wetlands EO 11990 • Requires Federal Agencies to avoid assistance for New Construction in Wetlands Unless: • 8 -step process completed: • There is no alternative • Minimize harm to wetland • Consider economic & environmental impact 49

24 CFR Part 55 Currently Only Floodplain • • HUD’s wetlands regulation Similar to Floodplain regulation Requires 8 -step process Can be conducted jointly for Floodplain and Wetland 50

Protection of Wetlands Limits • EO 11990 is NOT Corps of Engineers. Section 404 permitting required by the Clean Water Act • National Wetlands Inventory Map (published by US Fish and Wildlife) 51

Wetland Management 24 CFR Part 55 Proposal: l Multifamily new construction Development is proposed in the Wetland with HOME for the structures and CDBG for Infrastructure. 10 units per building total 160 UNITS Project Boundary Structures ` Proposed New Streets Wetland What level of environmental review would be triggered? How did you determine that the site was in the Wetland? Is the 8 step process required? How does the scenario change if no buildings are in wetland, but roads/infrastructure are? What mitigation is possible? Is a Corps of Engineer’s permit required? 52