Permitting in the Floodplain West Virginia Floodplain Management

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Permitting in the Floodplain West Virginia Floodplain Management Association: 2018 Conference

Permitting in the Floodplain West Virginia Floodplain Management Association: 2018 Conference

Items for Today § Authority/ Roles/ Responsibilities § Floodplain Application Information § Application Process

Items for Today § Authority/ Roles/ Responsibilities § Floodplain Application Information § Application Process § Permit Follow-up § Questions § Optional: FEMA/State Review of Local Floodplain Permits Presenter’s Name June 17, 2003 2

Authority To Regulate Floodplains § You are enforcing the local jurisdiction’s regulations—not FEMA’s. §

Authority To Regulate Floodplains § You are enforcing the local jurisdiction’s regulations—not FEMA’s. § Local regulations for reducing flood loss receive authority granted to municipalities by the States § Inherent in the right to enact regulations is the duty and authority to administer and enforce them Presenter’s Name June 17, 2003 3

Regulating Development in Floodplains is a Local Responsibility Presenter’s Name June 17, 2003 4

Regulating Development in Floodplains is a Local Responsibility Presenter’s Name June 17, 2003 4

Floodplain Manager Duties § Take enforcement actions § Interact in the appeals and variance

Floodplain Manager Duties § Take enforcement actions § Interact in the appeals and variance process § Maintain records § Collect fees § Investigate complaints Presenter’s Name June 17, 2003 5

Floodplain Manager Duties (continued) § Complete reports as required § Maintain and update administrative

Floodplain Manager Duties (continued) § Complete reports as required § Maintain and update administrative forms § Coordinate map appeals and revisions § Maintain floodplain maps and flood data § Disseminate floodplain management information Presenter’s Name June 17, 2003 6

Permits are Required for ALL Development ALL development in the SFHA requires a permit

Permits are Required for ALL Development ALL development in the SFHA requires a permit § Definition of development (as per 44 CFR 59) Any manmade change to improved or unimproved real estate, including, but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials § Ensure you have a process for capturing all floodplain development Poquoson, VA (from FEMA Region III) Presenter’s Name June 17, 2003

Tools for Permit Review YOUR COMMUNITY’S FLOODPLAIN ORDINANCE Presenter’s Name June 17, 2003 8

Tools for Permit Review YOUR COMMUNITY’S FLOODPLAIN ORDINANCE Presenter’s Name June 17, 2003 8

Steps in the Permit Process 1. Determine if a floodplain application is needed 2.

Steps in the Permit Process 1. Determine if a floodplain application is needed 2. Review the floodplain application 3. Submit completed application to Engineer for Technical Review (if necessary— 2 week turn around) 4. Conduct 1 st site visit 5. Ensure that other applicable permits have been received Presenter’s Name June 17, 2003 9

Steps in the Permit Process (continued) 6. Prepare public notice to adjacent property owners,

Steps in the Permit Process (continued) 6. Prepare public notice to adjacent property owners, local newspaper Approve, approve with conditions, or deny permit application 7. Conduct additional site visit(s) 8. Conduct final site visit after project is completed. Presenter’s Name June 17, 2003 10

Generally How It Should Work * Key points when internal coordination is critical Presenter’s

Generally How It Should Work * Key points when internal coordination is critical Presenter’s Name June 17, 2003 1. 11

Step 1: Floodplain Determination § https: //www. mapwv. gov/flood/map/ § https: //msc. fema. gov

Step 1: Floodplain Determination § https: //www. mapwv. gov/flood/map/ § https: //msc. fema. gov /portal/advance. Sear ch Presenter’s Name June 17, 2003 12

Step 2: Review the Permit Application Presenter’s Name June 17, 2003 13

Step 2: Review the Permit Application Presenter’s Name June 17, 2003 13

Step 2 a: Additional Information Required Presenter’s Name June 17, 2003 14

Step 2 a: Additional Information Required Presenter’s Name June 17, 2003 14

Step 2 b: Review Application for Completeness §Ensure all Application Elements have been Completed

Step 2 b: Review Application for Completeness §Ensure all Application Elements have been Completed § If Multiple Reviewers are Involved, may want to Develop a Checklist and Sign-off to Track § Include: § Technical provisions of your ordinance. § Use/maintenance of NFIP Elevation Certificates. § Use/maintenance of NFIP Floodproofing Certificate. Presenter’s Name June 17, 2003 15

Step 3: Engineering or Technical Review §Development in the Floodway § May require Conditional

Step 3: Engineering or Technical Review §Development in the Floodway § May require Conditional Letter of Map Revision (CLOMR) or Letter of Map Revision (LOMR) § No-rise certification §Pipeline Development §Other Presenter’s Name June 17, 2003 16

Step 4: Conduct st 1 Site Visit § May Assist in Validating Permit Application

Step 4: Conduct st 1 Site Visit § May Assist in Validating Permit Application Information § May Assist Property Owner in Understanding Development Requirements § In Some Instances the Project may be able to be Moved to Property Outside of the Floodplain Presenter’s Name June 17, 2003 17

Step 5: Ensure that Other Applicable Permits have been Received §Permits may be Required

Step 5: Ensure that Other Applicable Permits have been Received §Permits may be Required from the Following: § WV Conservation Agency § WV Department of Environmental § WV Division of Natural Resources § US Army Corps of Engineers – Section 404/Section 10 permits § Other Agencies Presenter’s Name June 17, 2003 18

Step 6: Prepare Public Notice to Adjacent Property Owners-Local Newspaper §Check Floodplain Ordinance and

Step 6: Prepare Public Notice to Adjacent Property Owners-Local Newspaper §Check Floodplain Ordinance and Other By-Laws for Requirements §Most Notifications Allow 15 Days for Comment Presenter’s Name June 17, 2003 19

Step 7: Approve, Approve with Conditions, or Deny Permit Application § Application package complete?

Step 7: Approve, Approve with Conditions, or Deny Permit Application § Application package complete? § Technical requirements met? § Other permits obtained? § Decision: § Approve All requirements are met. § Deny All requirements are not met. Presenter’s Name June 17, 2003 20

Step 8: Conduct additional site visit(s) §Important for Structures §When the Foundation is Poured

Step 8: Conduct additional site visit(s) §Important for Structures §When the Foundation is Poured §Checking on Flood Openings or Flood Proof Construction Presenter’s Name June 17, 2003 21

Step 9: Conduct Final Site Visit After Project is Completed. §Conduct Final Inspections on

Step 9: Conduct Final Site Visit After Project is Completed. §Conduct Final Inspections on Projects with Openings and Interior Finishing §Document Everything Presenter’s Name June 17, 2003 22

Permit Follow-Up §Conduct Floodplain Tours Quarterly § If Dealing with Large Areas: Divide into

Permit Follow-Up §Conduct Floodplain Tours Quarterly § If Dealing with Large Areas: Divide into a Quadrant and Complete a Section Each Quarter § Look for Converting of Spaces § Building without a Permit Presenter’s Name June 17, 2003 23

Questions ? Presenter’s Name June 17, 2003 24

Questions ? Presenter’s Name June 17, 2003 24

Contact Information: Heather Davis-Jenkins, CFM FEMA Region 3 Floodplain Management and Insurance Mitigation Division

Contact Information: Heather Davis-Jenkins, CFM FEMA Region 3 Floodplain Management and Insurance Mitigation Division Cell: (202) 262 -4330 Email: heather. davis-jenkins@fema. dhs. gov Kevin L. Sneed, CFM National Flood Insurance Program Coordinator WV Floodplain Management Program Phone: (304) 957 -2571 Email: Kevin. L. Sneed@wv. gov Presenter’s Name June 17, 2003 25