floodplain management hud

78 FR 68719 - Floodplain Management and Protection of Wetlands: On 11/15/2013, HUD published a new rule on the regulations governing the protection of wetlands and floodplains. Determinations on Floodplain Management, to determine the potential affect that its activity in the floodplain and wetland will have on the human environment for [Program Name] under [HUD grant or contract number] . Steve Lawson, a multifamily builder from Virginia Beach, Va., and NAHB staff met last week with White House Office of Management and Budget officials to voice their concerns regarding HUD’s forthcoming Federal Flood Risk Management Standard (FFRMS) regulation.. Executive Order 11988 - Floodplain Management, 24 CFR Part 55 - Floodplain Management and Protection of Wetlands. If it is a functionally dependent use or restoration activity, the 8-Step Process is required. structural flood control measures alone were inadequate to stem rising flood losses. Executive Order 11988 24 CFR 55 The purpose of EO 11988 is “to avoid to the extent possible the long and short term adverse impacts associated with the occupancy and modification of floodplains and to avoid direct or indirect support of floodplain development wherever there is a practicable alternative.” Refer to 55.1(c)(3)(i) and (ii) for construction requirements for projects permitted in coastal high hazard areas. HUD proposes to implement FFRMS by revising § 55.20, which is HUD's current 8-step process for evaluating HUD-assisted projects for flood risk and identifying steps to mitigate that risk. If such maps are not available, the agency shall make a determination of the location of the floodplain based on the best available information. The proposed project(s) is located [at Yet, a decade later, annual flood … A FEMA map showing the project is located in a Special Flood Hazard Area and an applicable citation to 55.12(b) demonstrating that the 8-Step Process is not required. The FEMA Map Service Center provides this information in the form of FEMA Flood Insurance Rate Maps (FIRMs). Specifically, HUD is seeking public comment on the language and option for the proposed HUD compliance aid for private flood insurance policies to demonstrate compliance with HUD… Fairfax County, Virginia - The Fairfax County interactive FEMA-SFHA map displays Special Flood Hazard Areas as defined by the Federal Emergency Management Agency. HUD sought comments on the decision-making procedures prescribed by Executive Order 11988 on floodplains and Executive Order 11990 on wetlands, with which applicants must comply before HUD financial assistance can be approved for projects that are located within floodplains. Projects may be exempted under the incidental floodplain exception if: For a visual representation of the incidental floodplain exception, see Incidental Floodplain Exception, Illustrated. ☐ Yes Provide the applicable citation at 24 CFR 55.12(c) here. Project Analysis: Direct impacts to the floodplain include converting about 1 acre of 100-year floodplain and 12 acres of 500-year floodplain to areas outside the floodplain. 11990], in accordance with HUD regulations at 24 CFR 55.20 Subpart C Procedures for Making Determinations on Floodplain Management, to determine the potential affect that its activity in the floodplain and wetland will have on the human environment for [Program Name] under [HUD grant or contract number]. Note that although Part 55 does not contain elevation requirements for non-critical actions, projects involving new construction and substantial improvements (as defined in 55.2(b)(10)) must be elevated or, for nonresidential structures, floodproofed to the base flood elevation of the floodplain in order to get flood insurance from FEMA. We are focusing not only on HUD's floodplain management regulation but also on specific multifamily and Office of Residential Care Facilities flood requirements. If project is exempt under 55.12(c)(6) or (8), provide supporting documentation. Zones designated A and AE are delineated, and watershed boundaries are displayed. For all other actions, financial assistance is prohibited unless the activity is an existing structure, an improvement of an existing structure or reconstruction following a disaster in accordance with 24 CFR 55.1(c)(3)(i). Guidance is also available on Part 55 Floodplain Management Compliance: Non-Critical Actions. These include disposition of properties, purchase and refinance of existing multifamily housing or healthcare facilities, and minor improvements to multifamily housing and nonresidential structures. Floodplain Management (Executive Order 11988) EXECUTIVE ORDER No. Resources and assistance to support HUD's community partners. 500-Year Floodplains (or .2 Percent Annual Chance Floodplains) are areas with at least a .2% chance of flood occurrence in any given year. The purpose of Part 55 is not in most cases to prohibit actions in a floodplain, but to provide the method for HUD projects to comply with EO 11988 and avoid unnecessary impacts. Executive 11988 on floodplain management requires a special review process for projects located in a floodplain. HUD requires critical actions (e.g. The Federal Emergency Management Agency (FEMA) designates floodplains as geographic zones subject to varying levels of flood risk. 9/30/2021) U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. If such maps are not available, the agency shall make a determination of the location of the floodplain based on the best available information. WASHINGTON, DC 20410-1000. If the project occurs in a 500-year floodplain (B Zone or shaded X Zone), the 8-Step Process is required for critical actions unless it is inapplicable per 55.12(b) or the 5-Step Process is applicable per 55.12(a). Sources which merit investigation include the files and/or studies of other federal agencies, such as the U. S. Army Corps of Engineers, the Tennessee Valley Authority, the Soil Conservation Service and the U. S. Geological Survey. Introduction 151 Executive Order 11988 – Floodplain Management(E.O. The environmental review record should contain one of the following: View Floodplain Management - Partner Worksheet. Under 55.12(c), certain projects are exempt from Part 55. The projects are not required to complete the 8-Step Process, and they may be able to proceed despite the presence of a floodway or coastal high hazard area. 11988) signed May 24, 1977, 152 revoked and replaced Executive Order 11296 (E.O. Floodplain Management Regulations ..... 4-2. Part 58, Floodplain Management, Wetlands, Flood Insurance Field Offices Locate your nearest HUD environmental staff person who can help you understand how to use the environmental assessment process to improve the quality of your project. Search for a specific grantee and view its awards, contact information, and reports, and more. Learn about what HUD grantees are doing across the nation. Does your project occur in a floodplain? In most areas, Flood Insurance Rate Maps (FIRMs) are available online through the FEMA Map Service Center. Steps 2, 3 and 7 are not required): 1. endstream endobj 22 0 obj <> endobj 23 0 obj <> endobj 24 0 obj <>stream These include acquisition and refinance of existing single family properties, minor improvements to single family properties, and leasing. If the project occurs in a 100-year floodplain (A Zone), an 8-Step Process is required unless it is inapplicable per 55.12(b) or the 5-Step Process is applicable per 55.12(a). Floodplain Management Checklist for HUD or Responsible Entity General requirements Legislation Regulation Avoid the adverse impacts associated with the occupancy and modification of floodplains. This document provides a flowchart that allows the user to determine whether a project complies with Part 55. Under section 55.12, certain actions must comply with Part 55 but are not required to complete the full 8-Step Process. Funds can be used for projects that reduce or eliminate the risk of repetitive flood damage to buildings insured by the National Flood … Resource Links. Activities listed in 55.12(c) include floodplain restoration, minor amendments to previously approved actions, sites where FEMA has issued a final Letter of Map Revision or final Letter of Map Amendment, actions that are Categorically Excluded Not Subject to 50.4 or 58.5, and sites where the “incidental floodplain exception” applies. HUD Regulations 24 CFR Part 55 details floodplain management. Federal Flood Risk Management Standard Floodplain. Each zone reflects the severity or type of potential flooding in the area. Resource Links 24 CFR Part 55: Floodplain Management and Protection of Wetlands (HTML) Title: 8 Step Decision-Making Process for Executive Order 11988 Author: HUD Created Date: 12/2/2009 4:04:19 PM Floodplain Management 8 Step Decision Making Process Case Study (DOC) Floodplain Management 8 Step Decision Making Process Flow Chart (PDF) HUD has promulgated regulations for this Executive Order at 24 CFR Part 55 that covers all projects that are located in a 100-year floodplain and critical actions located in the 500-year floodplain. During the webinar we will be using the acronym ORCF for Office of Residential Care Facilities, and we will also refer to this program as 232. When FEMA provides Advisory Base Flood Elevations (ABFE) or preliminary FIRMs and studies, HUD or the responsible entity must use the latest of these sources unless the ABFE or preliminary FIRM allow a lower Base Flood Elevation (BFE) than the current FIRM and FIS. Non-Special Flood Hazard Areas are areas with moderate-to-low risk of flooding; however, it is important to remember that floods still occur frequently in these areas. of flood insurance, dis­ aster assistance and related Federal programs, and some State and local government floodplain management programs. endstream endobj startxref The incidental floodplain exception may exempt a project from Part 55 where only a small portion of the project site contains a floodplain. 35 0 obj <>stream dams, marinas, and port facilities) or a floodplain function restoration activity. OMB No. Executive Order 11988 – Floodplain Management Executive 11988 on floodplain management requires a special review process for projects located in a floodplain. Floodplain Management contacts. It is important to note that the entire floodplain must be incidental, meaning that this exception does not apply if any buildings or improvements exist within the SFHA. Does 24 CFR 55.12(c) exempt this project from compliance with HUD’s floodplain management regulations in Part 55? §55.28 Use of individual permits under section 404 of the Clean Water Act for HUD Executive Order 11990 processing where all wetlands are covered by the permit. 24 CFR Part 55 previously did not cover wetlands protection. %%EOF 26 0 obj <>/Filter/FlateDecode/ID[]/Index[21 15]/Info 20 0 R/Length 49/Prev 15036/Root 22 0 R/Size 36/Type/XRef/W[1 2 1]>>stream Floodplain Management (24 CFR 55, Executive Order 11988) Background . 11988. This resource was updated January 3, 2014. For more detailed information on the different types of floodplains, see FEMA Flood Zones. hޤ�mo�0���}�>d~���HI�t��. Part 55: Floodplain Management and Wetlands Protection Webinar, FEMA Map Service Center Flood Insurance Rate Maps (FIRMs), Sample Floodplain and Wetland Notices - English and Spanish, 2020 US Department of Housing and Urban Development, Incidental Floodplain Exception, Illustrated, View Floodplain Management - Partner Worksheet, Floodplain Management 8 Step Decision Making Process, Adoption of Flood Insurance Rate Maps by Participating Communities, National Flood Insurance Program (NFIP) Website, Federal Emergency Management Association (FEMA) Floodplain Management Requirements: A Study Guide and Desk Reference for Local Officials, EPA Green Infrastructure: Managing Wet Weather, EPA National Menu of Stormwater Best Management Practices, EPA Stormwater Management Low Impact Development Strategies, Natural and Beneficial Functions of Floodplains, National Association of Flood and Stormwater Management Agencies, Natural Resources Conservation Service (NRCS) Floodplain Conservation Easement, Smartgrowth for Coastal and Waterfront Communities, NAFSMA Guidance for Stormwater Management Funding, Floodplain Management Bulletin: Historic Structures, 78 FR 68719 - Floodplain Management and Protection of Wetlands, No new or existing buildings or improvements occupy or modify the 100-year floodplain, floodway, coastal high hazard area, or – for critical actions – the 500-year floodplain, Provisions are made for site drainage that will not adversely affect any wetland, AND. The HUD floodplain management decision-making process at 24 CFR Part 55.20 contains eight steps, including public notice and an examination of practicable alternatives. For more information on finding best available information, see Floodplain Maps for HUD Projects. ... (HUD) floodplain map or a more detailed map of an area, if available. the prohibitions on projects in floodways and critical actions in coastal high hazard areas) but which are not required to complete the 5- or 8-Step Processes. A FEMA map showing the project is located in a Special Flood Hazard Area along with documentation of the 8-Step Process and required notices. However, the proposed action meets all of the criteria at 24 CFR 55.12(a), so a 5-step floodplain analysis is applicable (i.e. 3452780005D, revised August 15, 1983. It 153 establishes a general policy and cites specific requirements for compliance by Federal executive 154 agencies (hereafter referred to as agencies). Executive Order (EO) 11988 within HUD Regulations 24 CFR Part 55 details floodplain management. Federal departments and agencies are charged by executive orders with incorporating floodplain management and wetland protection considerations in their respective HUD’s floodplain management and environmental justice standards would not req uire any project to be rejected in the 500-year/.2% floodplain. The Federal Emergency Management Agency (FEMA) designates floodplains as geographic zones subject to varying levels of flood risk. If the project involves new construction or substantial improvement (as defined in 24 CFR 55.2(b)(10), NFIP regulations require that the affected structure(s) be elevated to the base flood elevation. h�b```f``e n�a`ʱ0pL`Wf`�a��`�`h s����A�����,R �Q�7)������� H3q'�8��>�@� ��B Section 55.12(b) lists project types that must comply with the basic restrictions in Part 55 (i.e. Review Section 55.20 and the resources on this page for information on completing the 8-Step Process. Documentation supporting the determination that an exception at 55.12(c) applies. 21 0 obj <> endobj support of floodplain and wetland development that could result from the Proposed Action. These agencies have prepared flood hazard studies for several thousand localities and, through their technical assistance programs, hydrologic studies, soil surveys, and other investigations have collected or developed other floodplain information for numerous sites and areas. 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