Agenda and PacketWORK SESSION AGENDA
CHANHASSEN PLANNING COMMISSION
TUESDAY, OCTOBER 16, 2018, 6:00 PM
FOUNTAIN CONFERENCE ROOM, 7700 MARKET BOULEVARD
A.WORK SESSION ITEMS
1.Review Floodplain Protection Ordinance
PLANNING COMMISSION STAFF
REPORT
Tuesday, October 16, 2018
Subject Review Floodplain Protection Ordinance
Section WORK SESSION ITEMS Item No: A.1.
Prepared By MacKenzie Walters, Assistant Planner File No:
PROPOSED MOTION:
SUMMARY OF REQUEST
The Federal Emergency Management Agency (FEMA) is in the process of updating Carver County’s Flood Insurance
Rate Maps (FIRMs). As part of this update, cities are required to update their floodplain ordinances and adopt the new
maps by December 21, 2018 or lose their ability to participate in the National Flood Insurance Program.
BACKGROUND
The FRIMs currently in effect for the City of Chanhassen went into effect on July 2, 1979. The city adopted these maps
and established the floodplain overlay district with the passage of Ordinance 68 on July 16, 1979. The existing floodplain
overlay district dates back to the reorganization and overhaul of Chapter 20 by Ordinance 80 on December 12, 1986.
Many provisions and definitions from Ordinance 68 appear to have been removed, relocated, or summarized by Ordinance
80. The Minnesota Department of Natural Resources has provided a model floodplain ordinance, and, due to
discrepancies between the model floodplain ordinance and the floodplain ordinance established by Ordinance 80, staff
believes that the existing floodplain ordinance should be repealed and a tailored version of the model ordinance adopted in
its place.
Since the modeling and understanding of floods has advanced significantly since 1979, there have been changes in the
location and extent of the special flood hazard area (SFHA), the area subject to flooding by a 1% annual chance
flood/100year flood. In Chanhassen, this has resulted in approximately 30 properties being added to or removed from
the floodplain overlay district; however, in some cases, the addition or removal of a property may be the result of a
mapping error. Homeowners who are now shown as being located within the floodplain will be notified by their
bank/mortgage holder that they now require flood insurance after the new FIRMs go into effect. There is no mechanism
for notifying homeowners who are no longer shown as being located in a floodplain that they may no longer require
flood insurance. Staff is proposing conducting a mailing in advance of the adoption of the new FIRMs to inform all
impacted homeowners of their change in status and of their ability to appeal this determination.
In order to meet the December 21, 2018 deadline, there will be a public hearing on the proposed ordinance and
FIRMs update on November 20, 2018 with a City Council vote scheduled for December 10, 2018.
PLANNING COMMISSION STAFFREPORTTuesday, October 16, 2018SubjectReview Floodplain Protection OrdinanceSectionWORK SESSION ITEMS Item No: A.1.Prepared By MacKenzie Walters, Assistant Planner File No: PROPOSED MOTION:SUMMARY OF REQUESTThe Federal Emergency Management Agency (FEMA) is in the process of updating Carver County’s Flood InsuranceRate Maps (FIRMs). As part of this update, cities are required to update their floodplain ordinances and adopt the newmaps by December 21, 2018 or lose their ability to participate in the National Flood Insurance Program.BACKGROUNDThe FRIMs currently in effect for the City of Chanhassen went into effect on July 2, 1979. The city adopted these mapsand established the floodplain overlay district with the passage of Ordinance 68 on July 16, 1979. The existing floodplainoverlay district dates back to the reorganization and overhaul of Chapter 20 by Ordinance 80 on December 12, 1986.Many provisions and definitions from Ordinance 68 appear to have been removed, relocated, or summarized by Ordinance80. The Minnesota Department of Natural Resources has provided a model floodplain ordinance, and, due todiscrepancies between the model floodplain ordinance and the floodplain ordinance established by Ordinance 80, staffbelieves that the existing floodplain ordinance should be repealed and a tailored version of the model ordinance adopted inits place.Since the modeling and understanding of floods has advanced significantly since 1979, there have been changes in thelocation and extent of the special flood hazard area (SFHA), the area subject to flooding by a 1% annual chanceflood/100year flood. In Chanhassen, this has resulted in approximately 30 properties being added to or removed fromthe floodplain overlay district; however, in some cases, the addition or removal of a property may be the result of amapping error. Homeowners who are now shown as being located within the floodplain will be notified by theirbank/mortgage holder that they now require flood insurance after the new FIRMs go into effect. There is no mechanismfor notifying homeowners who are no longer shown as being located in a floodplain that they may no longer requireflood insurance. Staff is proposing conducting a mailing in advance of the adoption of the new FIRMs to inform allimpacted homeowners of their change in status and of their ability to appeal this determination.In order to meet the December 21, 2018 deadline, there will be a public hearing on the proposed ordinance and
FIRMs update on November 20, 2018 with a City Council vote scheduled for December 10, 2018.
A fuller discussion is presented in the attached staff report.
RECOMMENDATION
Staff is proposing to adopt the new FIRMs and a modified version of the Minnesota Department of Natural Resource's
model floodplain ordinance.
ATTACHMENTS:
Floodplain Update Briefing
Model Ordinance
Model Letter for Newly Mapped
Model Letter for in or near SFHA
MEMORANDUM
TO: Planning Commission
FROM: MacKenzie Walters, Assistant Planner
DATE: October 16, 2018
SUBJ: Floodplain Update
ISSUE
The Federal Emergency Management Agency (FEMA) is in the process of updating Carver
County’s Flood Insurance Rate Maps (FIRMs). As part of this update, cities are required to
update their floodplain ordinances and adopt the new maps by December 21, 2018 or lose their
ability to participate in the National Flood Insurance Program.
SUMMARY
The FRIM maps currently in effect for the City of Chanhassen went into effect on July 2, 1979.
The city adopted these maps and established the floodplain overlay district with the passage of
Ordinance 68 on July 16, 1979. The existing floodplain overlay district dates back to the
reorganization and overhaul of Chapter 20 by Ordinance 80 on December 12, 1986. Many
provisions and definitions from Ordinance 68 appear to have been removed, relocated, or
summarized by Ordinance 80. The Minnesota Department of Natural Resources has provided a
model floodplain ordinance, and, due to discrepancies between the model floodplain ordinance
and the floodplain ordinance established by Ordinance 80, staff believes that the existing
floodplain ordinance should be repealed and a tailored version of the model ordinance adopted in
its place.
Since the modeling and understanding of floods has advanced significantly since 1979, there
have been changes in the location and extent of the special flood hazard area (SFHA), the area
subject to flooding by a 1% annual chance flood/100-year flood. In Chanhassen, this has resulted
in approximately 30 properties being added to or removed from the floodplain overlay district;
however, in some cases the addition or removal of a property may be the result of a mapping
error. Homeowners who are now shown as being located within the floodplain will be notified by
their bank/mortgage holder that they now require flood insurance after the new FIRMs go into
effect. There is no mechanism for notifying homeowners who are no longer shown as being
located in a floodplain that they may no longer require flood insurance. Staff is proposing
conducting a mailing in advance of the adoption of the new FIRMs to inform all impacted
homeowners of their change in status and of their ability to appeal this determination.
Planning Commission
Floodplain Update
October 16, 2018
Page 2
In order to meet the December 21, 2018 deadline, there will be a public hearing on the proposed
ordinance and FIRMs update on November 20th with a City Council vote scheduled for
December 10th.
RELEVANT CITY CODE
Chapter 20, Article V. – Floodplain Overlay District
ANALYSIS
Issues 1: Flood Insurance 101
Federal law requires a federally regulated and/or
insured lender to require flood insurance for primary
structures on mortgage properties located in the special
flood hazard area (SFHA). The SFHA is the area that
has a one-percent annual flood chance. The structure is
deemed to be located in the SFHA if any portion of the
house or its attached deck, if present, is within the
SFHA. The federal government relies on lenders to
determine who needs flood insurance, and some
lenders may require flood insurance for homes that are
located outside of the SFHA but which they determine
to have elevated flood risks.
Homeowners can purchase flood
insurance either through the NFIP or
through private flood insurance
providers. The federally mandated
minimum flood insurance covers the
building, HVAC systems, and major
appliances; however, it does not cover
most other contents of the building.
Homeowners can purchase
supplemental insurance either through
the NFIP or other insurance providers
to cover their furniture and other
household items. Rates will vary
significantly depending on the
distance between a home’s lowest
floor elevation and the area’s base flood elevation. In cases where the lowest floor elevation is
lower than the base flood elevation, flood insurance can be very expensive.
Planning Commission
Floodplain Update
October 16, 2018
Page 3
Issue 2: New Maps v. Old Maps
The initial and current FIRMs for Carver County went into effect in 1979. Throughout the nearly
40 years they have been in effect, FEMA has collected new data on observed floods and
improved its understanding and modeling of floods. New technologies, such as LIDAR, has also
allowed for more accurate measuring and mapping of Carver County’s topography. Finally,
changing weather patterns and increased development has also changed the location and extent
of the SFHA in some areas.
The result of the above factors is that FEMA
has been able to create new FRIMS for Carver
County that more accurately represent the
actual location of the SFHA. These new maps
will go into effect on December 21, 2018.
Unfortunately, there is a known issue with
some portions of Bluff Creek’s SFHA where
the new maps show the SFHA as being located
at elevations that do not correspond to the
creek’s base flood elevation. There is a process
that the City could use to request the FIRMs be
updated or revised to correct this issue;
however, it is not available until after the new maps go into effect and would take a significant
amount of time to work through FEMA’s amendment process.
Issue 3: Impact on Residents
Once the new maps are adopted, the location and extent of SFHAs within Chanhassen will
change and some properties that are not currently located within the SFHA will be added to it,
Planning Commission
Floodplain Update
October 16, 2018
Page 4
and some properties that are currently within the SFHA will no longer be located within it.
According to the Minnesota Department of Natural Resources, throughout Carver County, more
homes will be removed from the SFHA than will be added to it; however, Chanhassen is one of
the communities that has homes that will be added to the SFHA.
If a resident’s property is shown as being within the SFHA on the new FIRMS and they do not
currently have flood insurance, they will receive a letter from their mortgage holder informing
them that they are required to purchase flood insurances. The homeowner would then have to
either purchase flood insurance within 45 days or appeal the determination through a letter of
map amendment (LOMA). If the homeowner does not purchase flood insurance or receive a
LOMA within the 45-day period, the lender will be able to force purchase flood insurance for the
property and pass the cost on to the homeowner. Policies purchased in this way are typically
significantly more expensive than those available through the NFIP.
Generally, lenders use an automated system to
determine which properties are located within the
SFHA. These systems flag every parcel that has any
portion within the SFHA as requiring flood
insurance and sends out the appropriate
notification. It is important to note that even if a
portion of the parcel is located within the SFHA,
the owner is not legally required to carry flood
insurance unless a portion of the principal structure
or its attached deck is located within the SFHA.
This means that homeowners may be notified that
they require flood insurance when, in fact, they do
not. In these instances, residents have the ability to
appeal their placement within the SFHA for
insurances purposes through a LOMA. In cases
where it is visually obvious on the city or county’s
GIS map that the house is located outside of the
SFHA, the LOMA request can be substantiated by submitting a map generated by the city or
county’s GIS programs. If it is not visually clear that the principle structure is located outside of
the SFHA, the owner will need to hire a surveyor to verify that the building’s elevations are
above the areas base flood elevation.
FEMA does not require the city to inform residents that they have been added to, removed from,
or have the right to appeal their placement within the SFHA. In practice, residents will only be
informed by their banks that they need insurance, but may not be made aware that they can
appeal this determination or if they are no longer required to carry flood insurance. Staff has
identified eight parcels that may have been incorrectly added to the SFHA and 12 parcels that
may no longer require flood insurance due to being removed from the SFHA. Staff plans to
conduct a mailing informing these property owners that they well be added or removed from the
SFHA and informing them of the process they will need to go through to get a LOMA. Due to
Planning Commission
Floodplain Update
October 16, 2018
Page 5
the relatively small number of homes impacted by this, staff believes that it will be able to assist
residents by generating GIS maps that meet the LOMA requirements. The watershed districts
may also have access to additional information on base flood elevations that could assist
residents who choose to pursue a LOMA.
Some homeowners that have existing LOMA’s that exempt them from carrying flood insurance
may have these letters either revalidated or superseded. A list of these properties was sent out as
part of the June 7, 2018 letter of final determination and staff can work with the Minnesota
Department of Natural Resources to get additional information about these properties.
Issue 4: Existing v. Model Ordinance
In order to remain enrolled in the NFIP, Chanhassen must officially adopt the new FIRMs and
update its floodplain protection ordinance by December 21, 2018. Chanhassen first adopted a
floodplain ordinance in 1979 that was similar to the model ordinance being provided by the
Minnesota Department of Natural Resources. When the city overhauled its zoning code in 1986,
the city’s floodplain ordinance appears to have been significantly simplified and condensed. The
1986 iteration of the floodplain ordinance was amended in 2004 to remove previously listed
interim and conditional uses, but no other changes have been made since its adoption.
Staff is still finalizing its assessment of the model ordinance; however, due to the changes made
in the existing ordinance between 1979 and 1986, it will likely be more efficient to adopt a
version of the model ordinance than try to amend the existing ordinance to comply with the
revised standards. There are several provisions in the model ordinance that do not apply to our
community, several optional standards that the city may not wish to adopt, and some cases where
the city may wish to adopt stricter standards. Planning staff will work with the Water Resources
Coordinator to tailor the model ordinance to our community’s need and to identify and reconcile
any potentially conflicting provisions.
ALTERNATIVES
1) Do nothing. Chanhassen residents will lose access to the National Flood Insurance
Program on December 21, 2018.
2) Adopt the new FRIMs and amend the existing floodplain ordinance to meet the minimum
requirements to maintain eligibility for the NFIP.
3) Adopt the new FIRMS and a tailored version of Minnesota Department of Natural
Resource’s model ordinance.
RECOMMENDATION
Staff recommends alternative three, as the existing ordinance differs significantly from the model
ordinance and it would be difficult to reconcile the two.
Planning Commission
Floodplain Update
October 16, 2018
Page 6
ATTACHMENTS
1) Model Floodplain Ordinance
2) Model Floodplain Letter for Newly Mapped Properties
3) Model Floodplain Letter for Properties in or near SFHA
G:\PLAN\MW\Issue Papers and Reports (Drafts)\Flood Plain Ord\Floodplain Issue Paper.docx
Minnesota Sample Floodplain Ordinance
Three District Ordinance
This sample ordinance includes the three primary types of floodplain districts: Floodway, Flood
Fringe, and General Floodplain. It can be used in a variety of situations, where all three districts
or only some of them are present. Highlights and blank spaces identify parts of the ordinance that
should be customized for the community as appropriate.
Contents
SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE ...................................... 2
SECTION 2.0 GENERAL PROVISIONS .......................................................................................................... 2
SECTION 3.0 ESTABLISHMENT OF FLOODPLAIN DISTRICTS ....................................................................... 6
SECTION 4.0 REQUIREMENTS FOR ALL FLOODPLAIN DISTRICTS ............................................................... 6
SECTION 5.0 FLOODWAY DISTRICT (FW) ................................................................................................... 7
SECTION 6.0 FLOOD FRINGE DISTRICT (FF) ............................................................................................... 9
SECTION 7.0 GENERAL FLOODPLAIN DISTRICT (GF) ................................................................................ 11
SECTION 8.0 SUBDIVISION STANDARDS .................................................................................................. 12
SECTION 9.0 UTILITIES, RAILROADS, ROADS, AND BRIDGES ................................................................... 12
SECTION 10.0 MANUFACTURED HOMES AND RECREATIONAL VEHICLES. ............................................. 13
SECTION 11.0 ADMINISTRATION .............................................................................................................. 13
SECTION 12.0 NONCONFORMITIES .......................................................................................................... 16
SECTION 13.0 VIOLATIONS AND PENALTIES ............................................................................................ 17
SECTION 14.0 AMENDMENTS .................................................................................................................. 17
Ordinance Language Commentary
SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE
1.1 Statutory Authorization: The legislature of the State of Minnesota has, in Minnesota
Statutes Chapter 103F and Chapter [394/462] delegated the responsibility to local
government units to adopt regulations designed to minimize flood losses. Therefore, the
City Council/Board of Commissioners of [community], Minnesota, does ordain as follows.
1.2 Purpose:
1.21 This ordinance regulates development in the flood hazard areas of the
[community]. These flood hazard areas are subject to periodic inundation, which
may result in loss of life and property, health and safety hazards, disruption of
commerce and governmental services, extraordinary public expenditures for
flood protection and relief, and impairment of the tax base. It is the purpose of
this ordinance to promote the public health, safety, and general welfare by
minimizing these losses and disruptions.
1.22 National Flood Insurance Program Compliance. This ordinance is adopted to
comply with the rules and regulations of the National Flood Insurance Program
codified as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to
maintain the community’s eligibility in the National Flood Insurance Program.
1.23 This ordinance is also intended to preserve the natural characteristics and
functions of watercourses and floodplains in order to moderate flood and
stormwater impacts, improve water quality, reduce soil erosion, protect aquatic
and riparian habitat, provide recreational opportunities, provide aesthetic
benefits and enhance community and economic development.
SECTION 2.0 GENERAL PROVISIONS
2.1 Lands to Which Ordinance Applies: This ordinance applies to all lands within the
jurisdiction of the [community] within the boundaries of the Floodway, Flood Fringe and
General Floodplain Districts. The boundaries of these districts are determined by scaling
distances on the Flood Insurance Rate Map, or as modified in accordance with Section
3.2.
2.11 The Floodway, Flood Fringe and General Floodplain Districts are overlay districts
that are superimposed on all existing zoning districts. The standards imposed in
the overlay districts are in addition to any other requirements in this ordinance.
In case of a conflict, the more restrictive standards will apply.
2.12 Where a conflict exists between the floodplain limits illustrated on the official
floodplain maps and actual field conditions, the flood elevations shall be the
governing factor in locating the regulatory floodplain limits.
2.13 Persons contesting the location of the district boundaries will be given a
reasonable opportunity to present their case to the (Planning Commission/Board
of Adjustment) and to submit technical evidence.
2.2 Incorporation of Maps by Reference: The following maps together with all attached
material are hereby adopted by reference and declared to be a part of the Official Zoning
Map and this ordinance. The attached material includes the Flood Insurance Study for
____ County, Minnesota, and Incorporated Areas, dated ____ and the Flood Insurance
Rate map panels enumerated below, dated ____, all prepared by the Federal Emergency
Management Agency. These materials are on file in the (list location where maps will be
filed – i.e., Town Hall).
2.3 Abrogation and Greater Restrictions: It is not intended by this ordinance to repeal,
abrogate, or impair any existing easements, covenants, or other private agreements.
However, where this ordinance imposes greater restrictions, the provisions of this
1.1. is mandatory language. The zoning
enabling statute reference is Chapter 394
for counties and Chapter 462 for cities and
townships.
“Governing body” is the City Council or
County or Township Board.
1.21 & 1.22 is mandatory language
1.23 is optional language referencing the
natural beneficial functions of floodplains.
2.1. The types of floodplain zones present in
a community will vary, depending on
hydrologic conditions and the level of detail
of the applicable maps.
2.11 is optional – if the community has a
zoning ordinance – as most do – it’s helpful
to define these districts as overlay districts.
If not, then delete this statement and other
overlay references.
2.2 is mandatory, but should be customized
by jurisdiction and map type. Under
Minnesota Rules 6120.5700, Subp. 2, these
materials are considered attachments to
the Zoning Map.
For counties, the map index may be used in
lieu of listing all the map panels
individually.
Cities may choose to adopt additional map
panels to encompass areas that may
potentially be annexed in the future. See
Section 2.7.
Communities are also encouraged to adopt
preliminary flood studies and/or other best
available data for regulatory purposes.
Estimated 1% Base Flood Elevations (or
“pink lines”) would only have to be
referenced here if this data exists in
unmapped locations in your community.
ordinance prevail. All other ordinances inconsistent with this ordinance are hereby
repealed to the extent of the inconsistency only.
2.4 Warning and Disclaimer of Liability: This ordinance does not imply that areas outside
the floodplain districts or land uses permitted within such districts will be free from
flooding or flood damages. This ordinance does not create liability on the part of
[community] or its officers or employees for any flood damages that result from reliance
on this ordinance or any administrative decision lawfully made hereunder.
2.5 Severability: If any section, clause, provision, or portion of this ordinance is adjudged
unconstitutional or invalid by a court of law, the remainder of this ordinance shall not be
affected and shall remain in full force.
2.6 Definitions: Unless specifically defined below, words or phrases used in this ordinance
must be interpreted according to common usage and so as to give this ordinance its
most reasonable application.
2.611 Accessory Use or Structure – a use or structure on the same lot with, and of a
nature customarily incidental and subordinate to, the principal use or structure.
2.612 Base Flood – the flood having a one percent chance of being equaled or
exceeded in any given year.
2.613 Base Flood Elevation – The elevation of the “regional flood.” The term “base
flood elevation” is used in the flood insurance survey.
2.614 Basement – any area of a structure, including crawl spaces, having its floor or
base subgrade (below ground level) on all four sides, regardless of the depth of
excavation below ground level.
2.615 Conditional Use – a specific type of structure or land use listed in the official
control that may be allowed but only after an in-depth review procedure and
with appropriate conditions or restrictions as provided in the official zoning
controls or building codes and upon a finding that:
(a) Certain conditions as detailed in the zoning ordinance exist, and
(b) The structure and/or land use conform to the comprehensive land use plan if
one exists and are compatible with the existing neighborhood.
2.616 Critical Facilities – facilities necessary to a community’s public health and safety,
those that store or produce highly volatile, toxic or water-reactive materials, and
those that house occupants that may be insufficiently mobile to avoid loss of life
or injury. Examples of critical facilities include hospitals, correctional facilities,
schools, daycare facilities, nursing homes, fire and police stations, wastewater
treatment facilities, public electric utilities, water plants, fuel storage facilities,
and waste handling and storage facilities.
2.617 Development – any manmade change to improved or unimproved real estate,
including buildings or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations, or storage of equipment or materials.
2.618 Equal Degree of Encroachment – a method of determining the location of
floodway boundaries so that floodplain lands on both sides of a stream are
capable of conveying a proportionate share of flood flows.
2.619 Farm Fence – A fence as defined by Minn. Statutes Section 344.02, Subd. 1(a)-(d).
An open type fence of posts and wire is not considered to be a structure under
this ordinance. Fences that have the potential to obstruct flood flows, such as
chain link fences and rigid walls, are regulated as structures under this ordinance.
2.620 Flood – a temporary increase in the flow or stage of a stream or in the stage of a
wetland or lake that results in the inundation of normally dry areas.
2.3. This statement not needed if already
included in zoning ordinance.
2.4. This statement not needed if already
included in zoning ordinance.
2.5. This statement not needed if already
included in zoning ordinance.
2.6. These definitions may already exist as
part of zoning ordinance, but check for
consistency. Definitions are mandatory
unless otherwise indicated.
2.612 is an optional definition. This term is
synonymous with the term “regional flood,
which is predominantly used in this
ordinance.
2.615. Some local ordinances – and the
state rules that apply to floodplains – use
the older term “special use.”
2.616. At the moment, this is an optional
definition, but MN Rules 1335 is expected
to be revised to adopt ASCE 24-14, which
details the provision in Section 4.5
2.619 is an optional definition – to be left in
if this type of farm fence is to be exempted
from permit requirements. See 4.12.
2.620. Optional definition
2.621 Flood Frequency – the frequency for which it is expected that a specific flood
stage or discharge may be equaled or exceeded.
2.622 Flood Fringe – the portion of the Special Flood Hazard Area (one percent annual
chance flood) located outside of the floodway. Flood fringe is synonymous with
the term “floodway fringe” used in the Flood Insurance Study for [community],
Minnesota.
2.623 Flood Insurance Rate Map – An official map on which the Federal Insurance
Administrator has delineated both the special hazard areas and the risk premium
zones applicable to the community. A FIRM that has been made available
digitally is called a Digital Flood Insurance Rate Map (DFIRM).
2.624 Flood Prone Area – any land susceptible to being inundated by water from any
source.
2.625 Floodplain – the beds proper and the areas adjoining a wetland, lake or
watercourse which have been or hereafter may be covered by the regional flood.
2.626 Floodproofing – a combination of structural provisions, changes, or adjustments
to properties and structures subject to flooding, primarily for the reduction or
elimination of flood damages.
2.627 Floodway – the bed of a wetland or lake and the channel of a watercourse and
those portions of the adjoining floodplain which are reasonably required to carry
or store the regional flood discharge.
2.628 Lowest Floor – the lowest floor of the lowest enclosed area (including basement).
An unfinished or flood resistant enclosure, used solely for parking of vehicles,
building access, or storage in an area other than a basement area, is not
considered a building’s lowest floor; provided, that such enclosure is not built so
as to render the structure in violation of the applicable non-elevation design
requirements of 44 Code of Federal Regulations, Part 60.3.
2.629 Manufactured Home – a structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without a
permanent foundation when attached to the required utilities. The term
“manufactured home” does not include the term “recreational vehicle.”
2.630 New Construction - Structures, including additions and improvements, and
placement of manufactured homes, for which the start of construction
commenced on or after the effective date of this ordinance.
2.631 Obstruction – any dam, wall, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel modification, culvert, building, wire, fence,
stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any
channel, watercourse, or regulatory floodplain which may impede, retard, or
change the direction of the flow of water, either in itself or by catching or
collecting debris carried by such water.
2.632 One Hundred Year Floodplain – lands inundated by the “Regional Flood” (see
definition).
2.633 Principal Use or Structure – all uses or structures that are not accessory uses or
structures.
2.634 Reach – a hydraulic engineering term to describe a longitudinal segment of a
stream or river influenced by a natural or man-made obstruction. In an urban
area, the segment of a stream or river between two consecutive bridge crossings
would most typically constitute a reach.
2.635 Recreational Vehicle – a vehicle that is built on a single chassis, is 400 square feet
or less when measured at the largest horizontal projection, is designed to be self-
2.621. Optional definition
2.622. For cities mapped as part of county-
wide flood insurance study, the county
name should be inserted here.
2.624 is an optional definition – sections
8.15 use the term flood-prone to
encompass vulnerable structures outside of
mapped areas.
2.628. If not adopting the optional
alternative elevation methods outlined in
6.33 and 6.46, the second sentence can be
deleted.
2.631. Optional definition
2.632. Optional definition
2.633. Optional definition
propelled or permanently towable by a light duty truck, and is designed primarily
not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use. For the purposes of this ordinance,
the term recreational vehicle is synonymous with the term “travel trailer/travel
vehicle.”
2.636 Regional Flood – a flood which is representative of large floods known to have
occurred generally in Minnesota and reasonably characteristic of what can be
expected to occur on an average frequency in the magnitude of the 1% chance or
100-year recurrence interval. Regional flood is synonymous with the term "base
flood" used in a flood insurance study.
2.637 Regulatory Flood Protection Elevation (RFPE) - an elevation not less than one
foot above the elevation of the regional flood plus any increases in flood
elevation caused by encroachments on the floodplain that result from
designation of a floodway.
2.638 Repetitive Loss: Flood related damages sustained by a structure on two separate
occasions during a ten year period for which the cost of repairs at the time of
each such flood event on the average equals or exceeds 25% of the market value
of the structure before the damage occurred.
2.639 Special Flood Hazard Area – a term used for flood insurance purposes
synonymous with “One Hundred Year Floodplain.”
2.640 Start of Construction – includes substantial improvement, and means the actual
start of construction, repair, reconstruction, rehabilitation, addition, placement
or other improvement that occurred before the permit’s expiration date. The
actual start is either the first placement of permanent construction of a structure
on a site, such as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation; or the
placement of a manufactured home on a foundation. Permanent construction
does not include land preparation, such as clearing, grading and filling; nor does
it include the installation of streets and/or walkways; nor does it include
excavation for a basement, footings, piers, foundations, or the erection of
temporary forms; nor does it include the installation on the property of
accessory buildings, such as garages or sheds not occupied as dwelling units or
not part of the main structure. For a substantial improvement, the actual start of
construction means the first alteration of any wall, ceiling, floor, or other
structural part of a building, whether or not that alteration affects the external
dimensions of the building.
2.641 Structure - anything constructed or erected on the ground or attached to the
ground or on-site utilities, including, but not limited to, buildings, factories,
sheds, detached garages, cabins, decks manufactured homes, recreational
vehicles not considered travel ready as detailed in Section 10.22 of this ordinance
and other similar items.
2.642 Substantial Damage - means damage of any origin sustained by a structure where
the cost of restoring the structure to its before damaged condition would equal
or exceed 50 percent of the market value of the structure before the damage
occurred.
2.643 Substantial Improvement - within any consecutive 365-day period, any
reconstruction, rehabilitation (including normal maintenance and repair), repair
after damage, addition, or other improvement of a structure, the cost of which
equals or exceeds 50 percent of the market value of the structure before the
“start of construction” of the improvement. This term includes structures that
2.637. Freeboard higher than one foot is
strongly recommended, as it can yield
increased protection, result in lower
premiums, and can be easier to administer
by taking stage increases (encroachments)
out of the equation.
2.638. This is an optional, but highly
encouraged definition linked to the optional
provision for repetitive loss properties in
Section 12.16. Communities are required to
adopt repetitive loss provisions to be
eligible for Increased Cost of Compliance –
which are funds to get such a structure into
compliance.
have incurred “substantial damage,” regardless of the actual repair work
performed. The term does not, however, include either:
(a) Any project for improvement of a structure to correct existing violations of
state or local health, sanitary, or safety code specifications which have been
identified by the local code enforcement official and which are the minimum
necessary to assure safe living conditions, or
(b) Any alteration of a “historic structure,” provided that the alteration will not
preclude the structure’s continued designation as a “historic structure.” For
the purpose of this ordinance, “historic structure” is as defined in 44 Code of
Federal Regulations, Part 59.1.
2.7 Annexations: The Flood Insurance Rate Map panels adopted by reference into Section
2.2 above may include floodplain areas that lie outside of the corporate boundaries of
the [community] at the time of adoption of this ordinance. If any of these floodplain
land areas are annexed into the [community] after the date of adoption of this
ordinance, the newly annexed floodplain lands will be subject to the provisions of this
ordinance immediately upon the date of annexation.
2.8 Detachments. The Flood Insurance Rate Map panels adopted by reference into Section
2.2 above will include floodplain areas that lie inside the corporate boundaries of
municipalities at the time of adoption of this ordinance. If any of these floodplain land
areas are detached from a municipality and come under the jurisdiction of [community]
after the date of adoption of this ordinance, the newly detached floodplain lands will be
subject to the provisions of this ordinance immediately upon the date of detachment.
SECTION 3.0 ESTABLISHMENT OF FLOODPLAIN DISTRICTS
3.1 Districts:
3.11 Floodway District. The Floodway District includes those areas within Zones AH
delineated within floodway areas as shown on the Flood Insurance Rate Maps
and Flood Boundary and Floodway Maps adopted in Section 2.2.
3.12 Flood Fringe District. The Flood Fringe District includes areas within Zones AH on
the Flood Insurance Rate Map and Flood Boundary and Floodway Maps adopted
in Section 2.2, but located outside of the floodway.
3.13 General Floodplain District. The General Floodplain District includes those areas
within (Zone A or Zones AE/AO/AH) (that do not have a floodway delineated) as
shown on the Flood Insurance Rate Map adopted in Section 2.2.
3.2 Applicability: Where Floodway and Flood Fringe districts are delineated on the
floodplain maps, the standards in Sections 5 or 6 will apply, depending on the location of
a property. Locations where Floodway and Flood Fringe districts are not delineated on
the floodplain maps are considered to fall within the General Floodplain district. Within
the General Floodplain district, the Floodway District standards in Section 5 apply unless
the floodway boundary is determined, according to the process outlined in Section 7.2.
SECTION 4.0 REQUIREMENTS FOR ALL FLOODPLAIN DISTRICTS
4.1 Permit Required. A permit must be obtained from the Zoning Administrator to verify if a
development meets all applicable standards outlined in this ordinance prior to
conducting the following activities:
4.11 The erection, addition, modification, rehabilitation, or alteration of any building,
structure, or portion thereof. Normal maintenance and repair also requires a
permit if such work, separately or in conjunction with other planned work,
constitutes a substantial improvement as defined in this ordinance.
4.12 The construction of a dam, on-site septic system, or any fence not meeting the
definition of farm fence outlined in Section 2.619 of this ordinance.
2.643(b). “Historic structures” as defined in
the CFR generally include sites listed on or
eligible for the National Register of Historic
Places and state- or locally-designated
historic properties.
2.7 applies to cities only. It is optional but
recommended – if not included, any
annexation will trigger an amendment of
the floodplain ordinance.
Section 2.8 applies only to counties or
townships that exercise zoning authority.
Counties may choose to adopt specific map
panels or adopt the countywide map index.
3.11 – 3.13. These sections will reference
applicable flood zones in each community.
For communities that have a mapped 500-
year floodplain (areas with .02 percent
chance of being flooded any given year), it
is recommended that these areas are also
identified in Section 3.12.
If your community has Estimated 1% Base
Flood Elevations (or “pink lines”) in areas
that are completely unmapped, these
should be referenced in both Sections 2.2
and 3.13.
For lakes, ponds and wetlands, the area at
or below the Ordinary High Water Level can
be administratively defined as floodway. If
a community has floodplain delineations on
the FIRM for lakes, ponds and wetland
without delineated floodways, contact DNR
Floodplain Program staff for specific
language.
Zones AO and AH are areas prone to
flooding due to overland flow or small
ponds, and are not typically found on most
FIRMs.
4.12. The exemption for farm fences is
optional.
4.13 The change or extension of a nonconforming use.
4.14 The repair of a structure that has been damaged by flood, fire, tornado, or any
other source.
4.15 The placement of fill, excavation of materials, or the storage of materials or
equipment within the floodplain.
4.16 Relocation or alteration of a watercourse (including new or replacement culverts
and bridges), unless a public waters work permit has been applied for.
4.17 Any other type of “development” as defined in this ordinance.
4.2 Minimum Development Standards. All new construction and substantial improvements
must be:
4.21 Designed (or modified) and adequately anchored to prevent floatation, collapse,
or lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy;
4.22 Constructed with materials and utility equipment resistant to flood damage;
4.23 Constructed by methods and practices that minimize flood damage; and
4.24 Constructed with electrical, heating, ventilation, ductwork, plumbing, and air
conditioning equipment and other service facilities that are designed and/or
located so as to prevent water from entering or accumulating within the
components during conditions of flooding.
4.3 Flood Capacity. Floodplain developments must not adversely affect the hydraulic
capacity of the channel and adjoining floodplain of any tributary watercourse or drainage
system.
4.4 The storage or processing of materials that are, in time of flooding, flammable, explosive,
or potentially injurious to human, animal, or plant life is prohibited.
4.5 Critical Facilities, as defined in Section 2.616, are to be located, so that the lowest floor is
not less than two feet above the regional flood elevation, or the 500 year flood
elevation, whichever is higher.
SECTION 5.0 FLOODWAY DISTRICT (FW)
5.1 Permitted Uses: The following uses, subject to the standards set forth in Section 5.2, are
permitted uses if otherwise allowed in the underlying zoning district or any applicable
overlay district:
5.11 General farming, pasture, grazing, farm fences, outdoor plant nurseries,
horticulture, forestry, sod farming, and wild crop harvesting.
5.12 Industrial-commercial loading areas, parking areas, and airport landing strips.
5.13 Open space uses, including but not limited to private and public golf courses,
tennis courts, driving ranges, archery ranges, picnic grounds, boat launching
ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish
hatcheries, shooting preserves, hunting and fishing areas, and single or multiple
purpose recreational trails.
5.14 Residential yards, lawns, gardens, parking areas, and play areas.
5.15 Railroads, streets, bridges, utility transmission lines and pipelines, provided that
the Department of Natural Resources’ Area Hydrologist is notified at least ten
days prior to issuance of any permit.
5.2 Standards for Floodway Permitted Uses:
5.21 The use must have a low flood damage potential.
4.17. Any change in the course, current or
cross-section of public waters requires a
public waters work permit from the DNR
under Minn Stat 103G.245. See also 5.44.
4.22. FEMA Technical Bulletin 2 details
requirements for flood-damage resistant
materials
4.5. At the moment, this is an optional
provision, but Minnesota Rules 1335 is
expected to be revised to adopt ASCE 24-
14, which includes this provision. It is
encouraged to adopt a further higher
standard here and prohibit critical facilities
from mapped floodplain areas entirely.
5.0. This section (along with section 6) can
be revised to be more restrictive. Permitted
uses identified in Section 5.1 must meet the
standards in 5.2.
Floodways need to be protected so that
they can transport and store the waters of
the regional (100-year) flood without
increased flood heights or velocities or
threats to public health and safety.
Note that communities are not required to
accommodate all of the listed uses.
Communities are encouraged to be more
restrictive, but must provide for some
reasonable use of the floodway land. Other
similar uses may be included in this section
if they meet the standards in Section 5.2.
5.22 The use must not involve structures or obstruct flood flows. The use must not
cause any increase in flood damages, nor any increase in flood elevations in areas
where a floodway has been established, as certified by a registered professional
engineer.
5.23 Any facility that will be used by employees or the general public must be
designed with a flood warning system that provides adequate time for
evacuation if the area is inundated to a depth and velocity such that the depth
(in feet) multiplied by the velocity (in feet per second) would exceed a product of
four upon occurrence of the regional (1% chance) flood.
5.3 Conditional Uses: The following uses may be allowed as conditional uses following the
standards and procedures set forth in Section 11.4 of this ordinance and further subject
to the standards set forth in Section 5.4, if otherwise allowed in the underlying zoning
district.
5.31 Structures accessory to primary uses listed in 5.11 – 5.13 above and primary uses
listed in 5.32 - 5.33 below.
5.32 Grading, extraction, fill and storage of soil, sand, gravel, and other materials.
5.33 Marinas, boat rentals, permanent docks, piers, wharves, water control
structures, and navigational facilities.
5.34 Storage yards for equipment, machinery, or materials.
5.35 Fences that have the potential to obstruct flood flows.
5.36 Levees or dikes intended to protect agricultural crops for a frequency flood event
equal to or less than the 10-year frequency flood event.
5.4 Standards for Floodway Conditional Uses:
5.41 A conditional use must not cause any increase in flood damages, nor any
increase in flood elevations in areas where a floodway has been established, as
certified by a registered professional engineer.
5.42 Fill; Storage of Materials and Equipment:
(a) Fill, dredge spoil, and other similar materials deposited or stored in the
floodplain must be protected from erosion by vegetative cover, mulching,
riprap or other acceptable method. Permanent sand and gravel operations
and similar uses must be covered by a long-term site development plan.
(b) Temporary placement of fill, other materials, or equipment which would
cause an increase to the stage of the 1% percent chance or regional flood may
only be allowed if the (Governing Body) has approved a plan that assures
removal of the materials from the floodway based upon the flood warning
time available.
5.43 Accessory Structures. Accessory structures, as identified in Section 5.31, may be
permitted, provided that:
(a) Structures are not intended for human habitation;
(b) Structures will have a low flood damage potential;
(c) Structures will be constructed and placed so as to offer a minimal obstruction
to the flow of flood waters;
(d) Structures must be elevated on fill, open sided or structurally dry
floodproofed and watertight to the regulatory flood protection elevation.
Certifications consistent with Section 11.22 shall be required.
(e) As an alternative, an accessory structure may be floodproofed in a way to
accommodate internal flooding. To allow for the equalization of hydrostatic
5.3. Note that these conditional uses are
optional for the community, provided they
meet the standards in Sections 5.4. Any of
these uses (and corresponding standards in
5.4) can be identified as permitted uses in
5.1 (and 5.2) as appropriate. Requiring CUP
gives additional community control for
these sensitive areas.
5.32. Communities may choose to further
limit these activities.
5.33. Wharves, breakwaters and other
similar structures must satisfy Minnesota
Rules 6115.0211.
5.35. Farm fences do not require a permit.
See Section 4.12
5.36. Use does not need to demonstrate
that it will not cause an increase in flood
damages per 5.41 as long as the top of the
dike does not exceed the 10-year event.
5.4. Note that flood control projects
intended to remove areas from the
floodway to allow development of single or
multiple structures are not permitted unless
a Letter of Map Revision (LOMR) can be
obtained to change the floodway boundary.
Contact DNR Floodplain Program staff for
further information.
5.42(a) must be included if community
chooses to allow deposition or storage of
fill in the floodway
5.42(b) is an optional alternative allowing
temporary storage of fill or other materials
that could increase flood stage, suitable for
the types of locations where adequate
flood warning times will be available to
allow removal of materials.
pressure, there shall be a minimum of two openings on at least two sides of
the structure and the bottom of all openings shall be no higher than one foot
above grade. The openings shall have a minimum net area of not less than
one square inch for every square foot of enclosed area subject to flooding,
have a net area of not less than one square inch for every square foot of
enclosed area subject to flooding, and shall allow automatic entry and exit of
floodwaters without human intervention. A floodproofing certification
consistent with Section 11.22 shall be required.
5.44 Structural works for flood control that will change the course, current or cross
section of protected wetlands or public waters are subject to the provisions of
Minnesota Statutes, Section 103G.245.
5.45 A levee, dike or floodwall constructed in the floodway must not cause an
increase to the 1% chance or regional flood. The technical analysis must assume
equal conveyance or storage loss on both sides of a stream.
SECTION 6.0 FLOOD FRINGE DISTRICT (FF)
6.1 Permitted Uses: Permitted uses are those uses of land or structures allowed in the
underlying zoning district(s) that comply with the standards in Sections 6.2. If no pre-
existing, underlying zoning districts exist, then any residential or nonresidential structure
or use of a structure or land is a permitted use provided it does not constitute a public
nuisance.
6.2 Standards for Flood Fringe Permitted Uses:
6.21 All structures, including accessory structures, must be elevated on fill so that the
lowest floor, as defined, is at or above the regulatory flood protection elevation.
The finished fill elevation for structures must be no lower than one foot below
the regulatory flood protection elevation and the fill must extend at the same
elevation at least 15 feet beyond the outside limits of the structure. Elevations
must be certified by a registered professional engineer, land surveyor or other
qualified person designated by the community.
6.22 Accessory Structures. As an alternative to the fill requirements of section 6.21,
structures accessory to the uses identified in Section 6.1 may be designed to
accommodate the inundation of floodwaters, meeting the following provisions,
as appropriate:
(a) The accessory structure constitutes a minimal investment and satisfy the
development requirements in Section 4.2.
(b) Any enclosed accessory structure shall not exceed 576 square feet in size, and
only be used for parking and storage. Any such structure shall be designed
and certified by a registered professional engineer, or be designed in
accordance with the following floodproofing standards:
(1) To allow for the equalization of hydrostatic pressure, there shall be a
minimum of two openings on at least two sides of the structure and the
bottom of all openings shall be no higher than one foot above grade. The
openings shall have a minimum net area of not less than one square inch
for every square foot of enclosed area subject to flooding, have a net area
of not less than one square inch for every square foot of enclosed area
subject to flooding, and shall allow automatic entry and exit of
floodwaters without human intervention.
6.23 The cumulative placement of fill or similar material on a parcel must not exceed
1,000 cubic yards, unless the fill is specifically intended to elevate a structure in
accordance with Section 6.21 of this ordinance, or if allowed as a conditional use
under Section 6.33 below.
5.43(e) is optional language allowing for
wet floodproofing of small accessory
structures that constitute a minimal
investment. Specifications are further
guided by FEMA Technical Bulletins 1 and
7-93
5.44 is an optional provision providing
notice that work in public waters requires a
DNR permit.
6.1. If underlying zoning district(s) are
present (as in most communities) the
second sentence can be deleted.
6.21. “Lowest floor” is defined as the lowest
floor of the lowest enclosed area, including
basements, crawl spaces, etc. See
definition in Section 2.628. FEMA Technical
Bulletin 10-01 details specifications for
structures built on fill.
6.22(a). A special note that the bulk
standards here slightly exceed those
allowed through 6120.3300, Subp 3(H) of
the Shoreland Rules. Most restrictive
standard applies.
6.22(b). If an accessory structure exceeds
576 square feet, then FEMA will not allow
internal floodproofing, and the structure
must be elevated on fill in accordance to
6.21 or dry floodproofed in accordance with
6.42.
6.23. Applying a given volume threshold is
an optional provision. Requiring a CUP for
larger volumes of fill (see 6.32) allows
communities to require an erosion control
and emergency removal plan for uses such
as sand and gravel mining or dredge spoil
storage.
6.24 All service utilities, including ductwork, must be elevated or water-tight to
prevent infiltration of floodwaters.
6.25 All fill must be properly compacted and the slopes must be properly protected by
the use of riprap, vegetative cover or other acceptable method.
6.26 All new principal structures must have vehicular access at or above an elevation
not more than two feet below the regulatory flood protection elevation, or must
have a flood warning /emergency evacuation plan acceptable to the (Governing
Body).
6.27 Accessory uses such as yards, railroad tracks, and parking lots may be at an
elevation lower than the regulatory flood protection elevation. However, any
facilities used by employees or the general public must be designed with a flood
warning system that provides adequate time for evacuation if the area is
inundated to a depth and velocity such that the depth (in feet) multiplied by the
velocity (in feet per second) would exceed a product of four upon occurrence of
the regional (1% chance) flood.
6.28 Manufactured homes and recreational vehicles must meet the standards of
Section 10 of this ordinance.
6.3 Conditional Uses: The following uses may be allowed as conditional uses following the
standards and procedures set forth in Section 11.4 of this ordinance and further subject
to the standards set forth in Section 6.4, if otherwise allowed in the underlying zoning
district(s).
6.31 The placement of floodproofed nonresidential basements below the regulatory
flood protection elevation. Residential basements, are not allowed below the
regulatory flood protection elevation.
6.32 The cumulative placement of more than 1,000 cubic yards of fill when the fill is
not being used to elevate a structure in accordance with Section 6.21 of this
ordinance.
6.33 (OPTIONAL) The use of methods other than fill to elevate structures above the
regulatory flood protection elevation. This includes the use of: stilts, pilings, filled
stem walls, or above-grade, internally flooded enclosed areas such as crawl
spaces or tuck under garages, meeting the standards in Section 6.44.
6.4 Standards for Flood Fringe Conditional Uses:
6.41 The standards for permitted uses in the flood fringe, listed in Sections 6.24
through 6.28, apply to all conditional uses.
6.42 All areas of nonresidential structures, including basements, to be placed below
the regulatory flood protection elevation must be structurally dry floodproofed,
which requires making the structure watertight with the walls substantially
impermeable to the passage of water and with structural components capable of
resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A
floodproofing certification consistent with Section 11.22 shall be required.
6.43 The placement of more than 1,000 cubic yards of fill or other similar material on
a parcel (other than for the purpose of elevating a structure to the regulatory
flood protection elevation) must comply with an approved
erosion/sedimentation control plan.
(a) The plan must clearly specify methods to be used to stabilize the fill on site
for a flood event at a minimum of the regional (1% chance) flood event.
(b) The plan must be prepared and certified by a registered professional engineer
or other qualified individual acceptable to the (Governing Body).
6.26 is optional, but such access
requirements is mandatory for subdivisions
6.31 FEMA Technical Bulletin 3-93 detail
requirements for floodproofing through
watertight construction methods. Select
communities have been granted “basement
exceptions”, allowing dry-floodproofing of
residential structures below the RFPE.
6.32. These fill requirements are an
optional conditional use. This (along with
the corresponding standard in 6.43) can be
identified as permitted uses in 6.1 (and 6.2)
as appropriate. Requiring CUP gives
additional community control to require an
erosion control and emergency removal
plan for uses such as sand and gravel
mining or dredge spoil storage.
6.33. The DNR refers to these as
“alternative elevation methods”, meaning
it is an alternative to fill. This is designated
optional because they are burdensome to
administer – typically requiring
nonconversion agreements and detailed
monitoring and inspections. These uses
must follow the standards listed in 6.46,
which are further detailed in FEMA
Technical Bulletins 1 and 7-93
6.43. Optional provision, depending on
community’s application of 6.32.
(c) The plan may incorporate alternative procedures for removal of the material
from the floodplain if adequate flood warning time exists.
6.44 (OPTIONAL) Alternative elevation methods other than the use of fill may be
utilized to elevate a structure's lowest floor above the regulatory flood
protection elevation. The base or floor of an enclosed area shall be considered
above-grade and not a structure’s basement or lowest floor if: 1) the enclosed
area is above-grade on at least one side of the structure; 2) it is designed to
internally flood; and 3) it is used solely for parking of vehicles, building access or
storage. These alternative elevation methods are subject to the following
additional standards:
(a) Above-grade, fully enclosed areas such as crawl spaces or tuck under garages
must be designed to internally flood and include a minimum of two openings
on at least two sides of the structure. The bottom of all openings shall be no
higher than one foot above grade, and have a minimum net area of not less
than one square inch for every square foot of enclosed area subject to
flooding unless a registered professional engineer or architect certifies that a
smaller net area would suffice.
(b) Floodproofing certifications consistent with Section 11.22 shall be required.
The structure shall be subject to a deed-restricted nonconversion agreement
with the issuance of any permit.
SECTION 7.0 GENERAL FLOODPLAIN DISTRICT (GF)
7.1 Permitted Uses:
7.11 The uses listed in Section 5.1 of this ordinance, Floodway District Permitted Uses,
are permitted uses.
7.12 All other uses are subject to the floodway/flood fringe evaluation criteria
specified in Section 7.2 below. Section 5.0 applies if the proposed use is
determined to be in the Floodway District. Section 6.0 applies if the proposed use
is determined to be in the Flood Fringe District.
7.2 Procedures for Determining Floodway Boundaries and Regional Flood Elevations:
7.21 Detailed Study. Developments greater than 50 lots or 5 acres, or as requested by
the zoning administrator, shall be subject to a detailed study to determine the
regulatory flood protection elevation and the limits of the Floodway District. The
determination of the floodway and flood fringe must be consistent with accepted
hydrological and hydraulic engineering standards, and must include the following
components, as applicable:
(a) Estimate the peak discharge of the regional (1% chance) flood.
(b) Calculate the water surface profile of the regional flood based upon a
hydraulic analysis of the stream channel and overbank areas.
(c) Compute the floodway necessary to convey or store the regional flood
without increasing flood stages more than one-half (0.5) foot. A lesser stage
increase than 0.5 foot is required if, as a result of the stage increase,
increased flood damages would result. An equal degree of encroachment on
both sides of the stream within the reach must be assumed in computing
floodway boundaries, unless development or geographic features warrant
other analysis, as approved by the Department of Natural Resources.
7.22 Alternative Methods. Provided no detailed study is available, an applicant must
identify a base flood elevation, at minimum, to determine the boundaries of the
special flood hazard area. The applicant shall obtain and utilize best available
data to determine the regional flood elevation and floodway boundaries from a
6.44. Standard tied to the optional 6.34.
The DNR refers to these as “alternative
elevation methods”, meaning it is an
alternative to fill.
7.1. If the General Floodplain District (the A
zone, or the AE, AO or AH zones without a
defined floodway) is not present within the
community, delete the contents of this
section and retitle it “Reserved for Future
Use” (i.e., in case a future annexation or
map update would add an A zone).
7.2. State and federal rules establish
standards for this determination but do not
specify a procedure to be followed.
(However, the community is required under
44 CFR 60.3(b)(4) to “obtain, review and
reasonably utilize” base flood elevation and
floodway data.) The procedure shown here
is one that DNR suggests that communities
follow, and accommodates for obtaining
best available data that is commonly
available – most notably, the Estimated 1%
Base Flood Elevations (or “pink lines”). DNR
Floodplain Program staff can assist
communities in obtaining relevant data and
completing determinations as they arise.
state, federal, or other source. If no such data exists, the applicant may
determine the base flood elevation and floodway limits through other accepted
engineering practices. Any such method shall assume a 0.5 foot stage increase to
accommodate for future floodway determination.
7.23 The Zoning Administrator will review the submitted information and assess the
technical evaluation and the recommended Floodway and/or Flood Fringe
District boundary. The assessment must include the cumulative effects of
previous floodway encroachments. The Zoning Administrator may seek technical
assistance from an engineer or other expert person or agency, including the
Department of Natural Resources. Based on this assessment, the Zoning
Administrator may approve or deny the application.
7.24 Once the Floodway and Flood Fringe District boundaries have been determined,
the Zoning Administrator must process the permit application consistent with the
applicable provisions of Section 5.0 and 6.0 of this ordinance.
SECTION 8.0 SUBDIVISION STANDARDS
8.1 Subdivisions: No land may be subdivided which is unsuitable for reasons of flooding or
inadequate drainage, water supply or sewage treatment facilities. Manufactured home
parks and recreational vehicle parks or campgrounds are considered subdivisions under
this ordinance.
8.11 All lots within the floodplain districts must be able to contain a building site
outside of the Floodway District at or above the regulatory flood protection
elevation.
8.12 All subdivisions must have road access both to the subdivision and to the
individual building sites no lower than two feet below the regulatory flood
protection elevation, unless a flood warning emergency plan for the safe
evacuation of all vehicles and people during the regional (1% chance) flood has
been approved by the (Governing Body). The plan must be prepared by a
registered engineer or other qualified individual, and must demonstrate that
adequate time and personnel exist to carry out the evacuation.
8.13 For all subdivisions in the floodplain, the Floodway and Flood Fringe District
boundaries, the regulatory flood protection elevation and the required elevation
of all access roads must be clearly labeled on all required subdivision drawings
and platting documents.
8.14 In the General Floodplain District, applicants must provide the information
required in Section 7.2 of this ordinance to determine the regional flood
elevation, the Floodway and Flood Fringe District boundaries and the regulatory
flood protection elevation for the subdivision site.
8.15 Subdivision proposals must be reviewed to assure that:
(a) All such proposals are consistent with the need to minimize flood damage
within the flood prone area,
(b) All public utilities and facilities, such as sewer, gas, electrical, and water
systems are located and constructed to minimize or eliminate flood damage,
and
(c) Adequate drainage is provided to reduce exposure of flood hazard.
SECTION 9.0 UTILITIES, RAILROADS, ROADS, AND BRIDGES
9.1 Public Utilities: All public utilities and facilities such as gas, electrical, sewer, and water
supply systems to be located in the floodplain must be floodproofed in accordance with
the State Building Code or elevated to the regulatory flood protection elevation.
Section 8.0 is mandatory as long as the
community is not built out. These provisions
can be integrated into a city or county
subdivision ordinance, where one exists.
Note that manufactured home and
recreational vehicle parks are treated as
subdivisions.
8.12. The two foot access requirement is a
suggested standard. 6120.5900, Subd. 2
requires the establishment of access
standards, but does not detail what those
standards should be.
9.2 Public Transportation Facilities: Railroad tracks, roads, and bridges to be located within
the floodplain must comply with Sections 5.0 and 6.0 of this ordinance. These
transportation facilities must be elevated to the regulatory flood protection elevation
where failure or interruption of these facilities would result in danger to the public
health or safety or where such facilities are essential to the orderly functioning of the
area. Minor or auxiliary roads or railroads may be constructed at a lower elevation
where failure or interruption of transportation services would not endanger the public
health or safety.
9.3 On-site Water Supply and Sewage Treatment Systems: Where public utilities are not
provided: 1) On-site water supply systems must be designed to minimize or eliminate
infiltration of flood waters into the systems and are subject to the provisions in
Minnesota Rules Chapter 4725.4350, as amended; and 2) New or replacement on-site
sewage treatment systems must be designed to minimize or eliminate infiltration of
flood waters into the systems and discharges from the systems into flood waters, they
must not be subject to impairment or contamination during times of flooding, and are
subject to the provisions in Minnesota Rules Chapter 7080.2270, as amended.
SECTION 10.0 MANUFACTURED HOMES AND RECREATIONAL VEHICLES.
10.1 Manufactured Homes: Manufactured homes and manufactured home parks are subject
to applicable standards for each floodplain district. In addition:
10.11 New and replacement manufactured homes must be elevated in compliance with
Section 6 of this ordinance and must be securely anchored to a system that
resists flotation, collapse and lateral movement. Methods of anchoring may
include, but are not limited to, use of over-the-top or frame ties to ground
anchors. This requirement is in addition to applicable state or local anchoring
requirements for resisting wind forces.
10.12 New manufactured home parks and expansions to existing manufactured home
parks must meet the appropriate standards for subdivisions in Section 8 of this
ordinance. New or replacement manufactured homes in existing manufactured
home parks must meet the vehicular access requirements for subdivisions in
Section 8.12 of this ordinance.
10.2 Recreational Vehicles: New recreational vehicle parks or campgrounds and expansions
to existing recreational vehicle parks or campgrounds are prohibited in any floodplain
district. Recreational vehicles placed in existing recreational vehicle parks, campgrounds
or lots of record in the floodplain must either:
10.21 Meet the requirements for manufactured homes in Section 10.1, or
10.22 Be travel ready, meeting the following criteria:
(a) The vehicle must have a current license required for highway use.
(b) The vehicle must be highway ready, meaning on wheels or the internal
jacking system, attached to the site only by quick disconnect type utilities
commonly used in campgrounds and recreational vehicle parks.
(c) No permanent structural type additions may be attached to the vehicle.
(d) Accessory structures may be permitted in the Flood Fringe District, provided
that they constitute a minimal investment, do not hinder the removal of the
vehicle should flooding occur, and meet the standards outlined in Sections 4.2
and 6.22.
SECTION 11.0 ADMINISTRATION
11.1 Duties: A Zoning Administrator or other official designated by the (Governing Body) must
administer and enforce this ordinance.
11.2 Permit Application Requirements:
9.3. MPCA oversees the Rules regulating
septic systems (7080.2270) and wells
(4725.4350), which regulate location and
design in relation to floodplains.
10.1 and 10.2 are mandatory, but can be
reworded based on the prevalence of
manufactured/RV home parks.
10.2 is worded to recognize MN
Department of Health rules (4630.0200),
which prohibit mobile home parks and
recreational camping areas in flood-prone
areas. Placement or replacement of
manufactured home units may be allowed
in existing manufactured home parks or on
lots of record.
10.21. If other provisions in your zoning
ordinance do not allow the establishment
of permanent RVs, this provision can be
omitted.
10.22 (d). Communities may apply a
monetary limit such as $500 as a threshold
for a “minimal investment,” recognizing
that this threshold will vary from place to
place.
11.0. Many of the standards and
procedures in this section are likely to exist
in other parts of the community’s zoning
ordinance, and may be cross-referenced
rather than repeated here. However, the
11.21 Application for Permit. Permit applications must be submitted to the Zoning
Administrator on forms provided by the Zoning Administrator. The permit
application must include the following as applicable:
(a) A site plan showing all pertinent dimensions, existing or proposed buildings,
structures, and significant natural features having an influence on the permit.
(b) Location of fill or storage of materials in relation to the stream channel.
(c) Copies of any required municipal, county, state or federal permits or
approvals.
(d) Other relevant information requested by the Zoning Administrator as
necessary to properly evaluate the permit application.
11.22 Certification. The applicant is required to submit certification by a registered
professional engineer, registered architect, or registered land surveyor that the
finished fill and building elevations were accomplished in compliance with the
provisions of this ordinance. Floodproofing measures must be certified by a
registered professional engineer or registered architect as being in compliance
with applicable floodproofing standards in in the State Building Code. Accessory
structures designed in accordance with Section 6.22 of this ordinance are exempt
from certification, provided sufficient assurances are documented. Any
development in established floodways must not cause any increase in flood
elevations or damages, as certified by a registered professional engineer.
11. 23 Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. No
building, land or structure may be occupied or used in any manner until a
certificate of zoning compliance has been issued by the Zoning Administrator
stating that the use of the building or land conforms to the requirements of this
ordinance.
11.24 Recordkeeping of Certifications and As-Built Documentation. The Zoning
Administrator must maintain records in perpetuity documenting:
(a) all certifications referenced in Section 11.22 of this ordinance as applicable
(b) Elevations complying with Section 6.21 of this ordinance. The Zoning
Administrator must also maintain a record of the elevation to which
structures and alterations to structures are constructed or floodproofed.
11.25 Notifications for Watercourse Alterations. Before authorizing any alteration or
relocation of a river or stream, the Zoning Administrator must notify adjacent
communities. If the applicant has applied for a permit to work in public waters
pursuant to Minnesota Statutes, Section 103G.245, this will suffice as adequate
notice. A copy of the notification must also be submitted to the Chicago Regional
Office of the Federal Emergency Management Agency (FEMA).
11.26 Notification to FEMA When Physical Changes Increase or Decrease Base Flood
Elevations. As soon as is practicable, but not later than six months after the date
such supporting information becomes available, the Zoning Administrator must
notify the Chicago Regional Office of FEMA of the changes by submitting a copy
of the relevant technical or scientific data.
11.3 Variances:
11.31 Variance Applications. An application for a variance to the provisions of this
ordinance will be processed and reviewed in accordance with applicable State
Statutes and Section(s) _________________ of the zoning ordinance/code.
11.32 Adherence to State Floodplain Management Standards. A variance must not
allow a use that is not allowed in that district, permit a lower degree of flood
community must be able to demonstrate
that these procedures or comparable ones
are in place.
The term “Zoning Administrator” is used
throughout this section for ease of
reference, but in some communities the
City Clerk or other official may fill this role.
11.21. This section may cross-reference any
other permitting requirements in the zoning
ordinance.
11.31 should cross-reference all sections of
the zoning ordinance that regulate
processing and review of variance
applications. 11.3 only contains DNR/FEMA
– mandated regulatory & notification
provisions.
protection than the regulatory flood protection elevation for the particular area,
or permit standards lower than those required by state law.
11.33 Additional Variance Criteria. The following additional variance criteria of the
Federal Emergency Management Agency must be satisfied:
(a) Variances must not be issued by a community within any designated
regulatory floodway if any increase in flood levels during the base flood
discharge would result.
(b) Variances may only be issued by a community upon (i) a showing of good and
sufficient cause, (ii) a determination that failure to grant the variance would
result in exceptional hardship to the applicant, and (iii) a determination that
the granting of a variance will not result in increased flood heights, additional
threats to public safety, extraordinary public expense, create nuisances, cause
fraud on or victimization of the public, or conflict with existing local laws or
ordinances.
(c) Variances may only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
11.34 Flood Insurance Notice. The Zoning Administrator must notify the applicant for a
variance that: 1) The issuance of a variance to construct a structure below the
base flood level will result in increased premium rates for flood insurance up to
amounts as high as $25 for $100 of insurance coverage; and 2) Such construction
below the base or regional flood level increases risks to life and property. Such
notification must be maintained with a record of all variance actions.
11.35 General Considerations. The community may consider the following factors in
granting variances and imposing conditions on variances and conditional uses in
floodplains:
(a) The potential danger to life and property due to increased flood heights or
velocities caused by encroachments;
(b) The danger that materials may be swept onto other lands or downstream to
the injury of others;
(c) The proposed water supply and sanitation systems, if any, and the ability of
these systems to minimize the potential for disease, contamination and
unsanitary conditions;
(d) The susceptibility of any proposed use and its contents to flood damage and
the effect of such damage on the individual owner;
(e) The importance of the services to be provided by the proposed use to the
community;
(f) The requirements of the facility for a waterfront location;
(g) The availability of viable alternative locations for the proposed use that are
not subject to flooding;
(h) The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future;
(i) The relationship of the proposed use to the Comprehensive Land Use Plan
and flood plain management program for the area;
(j) The safety of access to the property in times of flood for ordinary and
emergency vehicles;
(k) The expected heights, velocity, duration, rate of rise and sediment transport
of the flood waters expected at the site.
11.33 is language required by FEMA. Note
specifically that the reference to
“exceptional hardship” in (b)(ii) must
remain in the ordinance, even though it has
been replaced by the term “practical
difficulties” in state zoning enabling
statutes. Federal standards for variances
are detailed in 44 CFR 60.6, and further
clarified in FEMA Publication P-993 –
Variances and the National Flood Insurance
Program.
11.34 is required by FEMA.
Section 11.35 is optional guidance for
communities in reviewing variance
applications. The same suggested
considerations are recommended for
review of conditional use applications,
below.
11.36 Submittal of Hearing Notices to the Department of Natural Resources (DNR). The
(designated body/community official) must submit hearing notices for proposed
variances to the DNR sufficiently in advance to provide at least ten days’ notice
of the hearing. The notice may be sent by electronic mail or U.S. Mail to the
respective DNR area hydrologist.
11.37 Submittal of Final Decisions to the DNR. A copy of all decisions granting
variances must be forwarded to the DNR within ten days of such action. The
notice may be sent by electronic mail or U.S. Mail to the respective DNR area
hydrologist.
11.38 Record-Keeping. The Zoning Administrator must maintain a record of all variance
actions, including justification for their issuance, and must report such variances
in an annual or biennial report to the Administrator of the National Flood
Insurance Program, when requested by the Federal Emergency Management
Agency.
11.4 Conditional Uses:
11.41 Administrative Review. An application for a conditional use permit under the
provisions of this ordinance will be processed and reviewed in accordance with
Section(s) ______________ of the zoning ordinance/code.
11.42 Factors Used in Decision-Making. In passing upon conditional use applications,
the (Governing Body) must consider all relevant factors specified in other
sections of this ordinance, and those factors identified in Section 11.35 of this
ordinance.
11.43 Conditions Attached to Conditional Use Permits. In addition to the standards
identified in Sections 5.4 and 6.4, the (Governing Body) may attach such
conditions to the granting of conditional use permits as it deems necessary to
fulfill the purposes of this ordinance. Such conditions may include, but are not
limited to, the following:
(a) Limitations on period of use, occupancy, and operation.
(b) Imposition of operational controls, sureties, and deed restrictions.
(c) Requirements for construction of channel modifications, compensatory
storage, dikes, levees, and other protective measures.
11.44 Submittal of Hearing Notices to the Department of Natural Resources (DNR). The
(designated body/community official) must submit hearing notices for proposed
conditional uses to the DNR sufficiently in advance to provide at least ten days’
notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to
the respective DNR area hydrologist.
11.45 Submittal of Final Decisions to the DNR. A copy of all decisions granting
conditional uses must be forwarded to the DNR within ten days of such action.
The notice may be sent by electronic mail or U.S. Mail to the respective DNR area
hydrologist.
SECTION 12.0 NONCONFORMITIES
12.1 Continuance of Nonconformities: A use, structure, or occupancy of land which was
lawful before the passage or amendment of this ordinance but which is not in conformity
with the provisions of this ordinance may be continued subject to the following
conditions. Historic structures, as defined in Section 2.643(b) of this ordinance, are
subject to the provisions of Sections 12.11 – 12.16 below.
12.11 A nonconforming use, structure, or occupancy must not be expanded, changed,
enlarged, or altered in a way that increases its flood damage potential or degree
of obstruction to flood flows except as provided in 12.12 below. Expansion or
11.41 should cross-reference any
conditional use procedures in the zoning
ordinance, if these exist.
Section 11.42 is optional but recommended
as guidance for decisions on conditional
uses (and variances, as noted above).
11.43 is also optional; conditions are
intended to be specific to the particular site
and proposed use.
12.11. Buildings and structures within the
Floodway District may not be enlarged or
expanded. In some cases, a floodway area
can be filled without causing any rise in
flood stage. In such cases, a Letter of Map
Revision may be obtained that changes the
floodway boundary, placing the area in the
Flood Fringe. Contact Floodplain Program
staff for details.
enlargement of uses, structures or occupancies within the Floodway District is
prohibited.
12.12 Any addition or structural alteration to a nonconforming structure or
nonconforming use that would result in increasing its flood damage potential
must be protected to the regulatory flood protection elevation in accordance
with any of the elevation on fill or floodproofing techniques (i.e., FP1 thru FP4
floodproofing classifications) allowable in the State Building Code, except as
further restricted in 12.14 below.
12.13 If any nonconforming use, or any use of a nonconforming structure, is
discontinued for more than one year, any future use of the premises must
conform to this ordinance.
12.14 If any structure experiences a substantial improvement as defined in this
ordinance, then the entire structure must meet the standards of Section 5.0 or
6.0 of this ordinance for new structures, depending upon whether the structure
is in the Floodway or Flood Fringe District, respectively. If the current proposal,
including maintenance and repair during the previous 365 days, plus the costs of
any previous alterations and additions since the first Flood Insurance Rate Map
exceeds 50 percent of the market value of any nonconforming structure, the
entire structure must meet the standards of Section 5.0 or 6.0 of this ordinance.
12.15 If any nonconformity is substantially damaged, as defined in this ordinance, it
may not be reconstructed except in conformity with the provisions of this
ordinance. The applicable provisions for establishing new uses or new structures
in Sections 5.0 or 6.0 will apply depending upon whether the use or structure is
in the Floodway or Flood Fringe, respectively.
12.16 If any nonconforming use or structure experiences a repetitive loss, as defined in
Section 2.638 of this ordinance, it must not be reconstructed except in
conformity with the provisions of this ordinance.
SECTION 13.0 VIOLATIONS AND PENALTIES
13.1 Violation Constitutes a Misdemeanor: Violation of the provisions of this ordinance or
failure to comply with any of its requirements (including violations of conditions and
safeguards established in connection with grants of variances or conditional uses)
constitute a misdemeanor and will be punishable as defined by law.
13.2 Other Lawful Action: Nothing in this ordinance restricts the [community] from taking
such other lawful action as is necessary to prevent or remedy any violation. If the
responsible party does not appropriately respond to the Zoning Administrator within the
specified period of time, each additional day that lapses will constitute an additional
violation of this ordinance and will be prosecuted accordingly.
13.3 Enforcement: Violations of the provisions of this ordinance will be investigated and
resolved in accordance with the provisions of Section(s) ________________ of the
zoning ordinance/code. In responding to a suspected ordinance violation, the Zoning
Administrator and (Governing Body) may utilize the full array of enforcement actions
available to it including but not limited to prosecution and fines, injunctions, after-the-
fact permits, orders for corrective measures or a request to the National Flood Insurance
Program for denial of flood insurance availability to the guilty party. The [community]
must act in good faith to enforce these official controls and to correct ordinance
violations to the extent possible so as not to jeopardize its eligibility in the National Flood
Insurance Program.
SECTION 14.0 AMENDMENTS
14.1 Floodplain Designation – Restrictions on Removal: The floodplain designation on the
Official Zoning Map must not be removed from floodplain areas unless it can be shown
that the designation is in error or that the area has been filled to or above the elevation
Section 12.13 reflects an optional provision
in Statute (462.357(Subd 1e)(1) and 394.36)
– local government may impose reasonable
conditions on the nonconforming use or
structure. Many communities have adopted
similar provisions in their zoning
ordinances.
12.14. The language presented is
recommended, in order to gradually
eliminate nonconformities over time.
Federal standards require that substantial
improvement is tracked over a one-year
period. The last sentence can be omitted if
community does not wish to track
improvements over the life of a structure.
Section 12.15 is specific to floodplain uses
in state and federal statute, as distinct from
the standard provisions for nonconformities
in Chapters 394 and 462.
Section 12.16 is optional but highly
encouaraged, in order to gradually
eliminate nonconformities that are
frequently damaged but not to the “50%”
level. Communities are required to adopt
repetitive loss provisions to be eligible for
Increased Cost of Compliance – which are
funds to get such a structure into
compliance.
13.3. Cross-reference any sections of the
zoning ordinance that deal with
enforcement procedures. If such provisions
don’t exist, contact Floodplain Program
staff for sample language.
of the regulatory flood protection elevation and is contiguous to lands outside the
floodplain. Special exceptions to this rule may be permitted by the Department of
Natural Resources (DNR) if it is determined that, through other measures, lands are
adequately protected for the intended use.
14.2 Amendments Require DNR Approval: All amendments to this ordinance must be
submitted to and approved by the Department of Natural Resources (DNR) prior to
adoption.
14.3 Map Revisions Require Ordinance Amendments. The floodplain district regulations
must be amended to incorporate any revisions by the Federal Emergency Management
Agency to the floodplain maps adopted in Section 2.2 of this ordinance.
EFFECTIVE DATE: This ordinance shall be in full force and effect from and after its passage and
approval and publication, as required by law and/or charter.
Adopted by the [community] Board/City Council
This _____ of _______, _____
(Day) (Month) (Year)
Attest: _________________________ , County Board
Chairperson/Mayor
(Name of Elected Official)
Attest: __________________________, County
Administrator/City Clerk
(Name of Community Official)
Stamp with Community Seal:
SAMPLE LETTER
(for properties that are newly mapped into the floodplain)
Notification of Updates to FEMA Flood Hazard Maps
Date
Name
Address 1
Address 2
Dear Property Owner:
A multiyear project by the Federal Emergency Management Agency (FEMA) to re-examine flood risks
throughout Houston County and develop digital flood hazard maps is nearing completion. The updated maps
will become effective on December 21, 2018. These maps will replace the current FEMA floodplain maps that
have been effective since 1988.
The principle structure located at the address identified is now shown in the Special Flood Hazard Area (aka
SFHA, the 1-percent, or 100-year floodplain) as a result of using updated data, including drawing the floodplain
boundaries based on better ground elevation data.
How will these updated maps affect you?
If you have a mortgage or secured loan from a federally regulated or insured lender (this includes most loans)
and the principle structure on this parcel is within the SFHA, then by Federal law your lender must require you
to carry flood insurance.
Most lenders will check their loans when the updated maps become effective on December 21, 2018. They will
send a letter to all properties in the SFHA (or close to it) to notify them that they must purchase flood insurance
within 45 days. If a policy is not purchased within this time period, the lender will “force place” a policy, which
is normally much more expensive than what is otherwise available.
In most cases flood insurance is available through your home or car insurance agent. If your insurance agent
does not sell flood insurance you can call the National Flood Insurance Program help center at 800-427-4661.
You can see additional information at FEMA’s Flood Insurance website, FloodSmart.gov. If you have any kind of
risk for flood damages, both in or out of the floodplain, the city encourages you to purchase flood insurance.
What to do if you believe you’ve been inadvertently included in the SFHA?
There are often scenarios where the boundaries of the floodplain do not accurately reflect the true topographic
characteristics of a site. If you believe your structure and/or parcel is higher than the actual flood elevation,
there is a procedure for appeals known as a Letter of Map Amendment (LOMA). Traditionally, a LOMA involves
hiring a surveyor to verify the lowest ground touching the structure, deck or stairs is above the 100-year flood
elevation.
More information on the process for submitting a LOMA is available from the MN Department of Natural
Resources at http://www.dnr.state.mn.us/waters/watermgmt_section/floodplain/map_appeals.html
What can be done to mitigate flood risk and/or reduce premiums?
If it is verified that your structure is located in the SFHA, elevating, retrofitting, or floodproofing may help to
reduce both risk and insurance premiums. If the lowest walking surface of the structure is above or within just
a few feet of the 100-year flood elevation, you would likely qualify for lower premiums by hiring a surveyor to
complete a FEMA Elevation Certificate.
[closing]
SAMPLE LETTER
(for properties that are either close or barely in floodplain)
(Items in blue should be customized as appropriate)
Notification of Updates to FEMA Flood Hazard Maps
Date
Name
Address 1
Address 2
Dear Property Owner:
A multiyear project by the Federal Emergency Management Agency (FEMA) to re-examine flood risks
throughout Houston County and develop digital flood hazard maps is nearing completion. The updated maps
will become effective on December 21, 2018.
The principle structure located at the address identified above 1) appears to be located in, or 2) is located
adjacent to the Special Flood Hazard Area (aka SFHA, the 1-percent, or 100-year floodplain).
How will these updated maps affect you?
If you have a mortgage or secured loan from a federally regulated or insured lender (this includes most loans)
and the principle structure on this parcel is within the SFHA, then by Federal law your lender must require you
to carry flood insurance.
Most lenders will check their loans when the updated maps become effective on December 21, 2018. They will
send a letter to all properties in the SFHA (or close to it) to notify them that they must purchase flood insurance
within 45 days. If a policy is not purchased within this time period, the lender will “force place” a policy, which
is normally much more expensive than what is otherwise available.
In most cases flood insurance is available through your home or car insurance agent. If your insurance agent
does not sell flood insurance you can call the National Flood Insurance Program help center at 800-427-4661.
You can see additional information at FEMA’s Flood Insurance website, FloodSmart.gov. If you have any kind of
risk for flood damages, both in or out of the floodplain, the city encourages you to purchase flood insurance.
What to do if you believe you’ve been inadvertently included in the SFHA?
There are often scenarios where the boundaries of the floodplain do not accurately reflect the true topographic
characteristics of a site. If you believe your structure and/or parcel is higher than the actual flood elevation,
there is a procedure for appeals known as a Letter of Map Amendment (LOMA). Traditionally, a LOMA involves
hiring a surveyor to verify the lowest ground touching the structure, deck or stairs is above the 100-year flood
elevation. Under the right circumstances, two streamlined methods can be pursued in lieu of a field survey
(customize the two bullets below based on the structure):
• Letter of Map Amendments using updated elevation data would be used when LiDAR- derived contour
elevations can verify that a structure is above the 100-year flood elevation.
• Letter of Map Amendment – Out as Shown (LOMA-OAS) would be used when a flood map overlaid on
top of an aerial photo plainly shows that a structure is completely out of the floodplain. Lenders often
use automated systems (i.e., computers) to see if a lot has floodplain and may not check whether your
structure is actually touching the floodplain. You can check the FEMA floodplain map to see if your
structure is really in or touching the floodplain. If your structure is not in or touching the floodplain, give
a copy of the FEMA floodplain map to your lender. If they want something more official from FEMA
beyond a simple map, you would go through the LOMA-OAS process.
For those that would qualify for either of the two streamlined methods described above, the city can assist in
obtaining a map that can be used in lieu of a field survey.
More information on the process for submitting a LOMA is available from the MN Department of Natural
Resources at http://www.dnr.state.mn.us/waters/watermgmt_section/floodplain/map_appeals.html
What can be done to mitigate flood risk and/or reduce premiums? (omit if structure is Out as Shown)
If it is verified that your structure is located in the SFHA, elevating, retrofitting, or floodproofing may help to
reduce both risk and insurance premiums. If the lowest walking surface of the structure is within just a few feet
of the 100-year flood elevation, you would likely qualify for lower premiums by hiring a surveyor to complete a
FEMA Elevation Certificate.
[closing]