[Federal Register Volume 64, Number 169 (Wednesday, September 1, 1999)]
[Notices]
[Pages 47813-47815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22642]


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FEDERAL EMERGENCY MANAGEMENT AGENCY


National Flood Insurance Program (NFIP); Interim Procedure for 
Letter of Map Revision Based on Fill Requests

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Notice of interim procedures.

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SUMMARY: We, FEMA, give notice of interim procedures for issuing 
Letters of Map Revision Based on Fill (also referred to as LOMR-Fs). We 
use criteria established in our regulations to determine whether we can 
issue a LOMR-F to remove unimproved land or land with structures from 
the Special Flood Hazard Area (SFHA) by raising ground elevations using 
engineered earthen fill.

EFFECTIVE DATE: September 1, 1999.

FOR FURTHER INFORMATION CONTACT: Matthew B. Miller, P.E., Chief, 
Hazards Study Branch, Technical Services Division, Mitigation 
Directorate, at (202) 646-3461, or (email) [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Congress created the National Flood Insurance Program (NFIP) in 
1968 to provide federally supported flood insurance coverage, which 
generally had not been available through private insurance companies. 
The program is based on an agreement between the Federal Government and 
each flood-prone community that chooses to participate in the program. 
FEMA makes flood insurance available to property owners within a 
community provided that the community adopts and enforces floodplain 
management regulations that meet or exceed the minimum requirements of 
the NFIP set forth in Part 60 of the NFIP Floodplain Management 
Regulations (44 CFR Part 60).
    Identifying and mapping flood hazards. FEMA identifies and maps 
flood hazard areas in each community by conducting flood hazard studies 
and publishing Flood Insurance Rate Maps (FIRMs). These flood hazard 
areas, referred to as Special Flood Hazard Areas (SFHAs), are based on 
a flood that would have a 1-percent chance of being equaled or exceeded 
in any given year (the 100-year flood or base flood). The 1-percent 
annual chance flood, shown on the FIRMs as Zone A or Zone V, is 
determined from information obtained through consultation with the 
community, floodplain topographic surveys, and detailed hydrologic and 
hydraulic analyses.
    Floodplain management requirements. The NFIP minimum building and 
development regulations require that new or substantially improved 
structures in A Zones must have their lowest floors (including

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basement) elevated to or above the Base Flood Elevation (BFE) (the 
elevation of the 1-percent annual chance flood). Non-residential 
structures in A Zones can either be dry floodproofed or elevated to the 
BFE. In V Zones, the bottom of the lowest horizontal structural member 
of the lowest floor of all new or substantially improved structures 
must be elevated to or above the BFE. The NFIP floodplain management 
requirements at 44 CFR 60.3 are designed to protect structures 
constructed in floodplains from flood damages and are the basis for 
actuarial flood insurance rating. For floodplain management and for 
flood insurance coverage purposes we define the term ``structure'' in 
44 CFR 59.1.
    Flood insurance. The National Flood Insurance Act of 1968, as 
amended requires that FEMA charge full actuarial rates reflecting the 
complete flood risk to structures built or substantially improved on or 
after the effective date of the initial FIRM for the community or after 
December 31, 1974, whichever is later, so that the risks associated 
with structures in flood prone areas are borne by those located in such 
areas and not by the taxpayers at large. These structures are referred 
to as Post-FIRM. The NFIP flood insurance rates for new construction 
are based on the degree of the flood risk reflected by the flood risk 
zone on the FIRM. Flood insurance rates also take into account a number 
of other factors including the elevation of the lowest floor above or 
below the BFE, type of structure, and the existence of a basement or an 
enclosure.
    Mandatory purchase of insurance. The Flood Disaster Protection Act 
of 1973 and the National Flood Insurance Reform Act of 1994 mandate the 
purchase of flood insurance as a condition of Federal or federally-
related financial assistance for acquisition or construction of 
structures in SFHAs of any community. The Acts prohibit Federal agency 
lenders, such as the Small Business Administration, United States 
Department of Agriculture's Rural Housing Service, and Government-
Sponsored Enterprises for Housing (Freddie Mac and Fannie Mae) from 
making, increasing, guaranteeing, or purchasing a loan secured by 
improved real estate or mobile home(s) in an SFHA, unless flood 
insurance has been purchased and maintained during the term of the 
loan. The Acts also prohibit federally-regulated lenders from making, 
increasing, extending, or renewing any loan secured by improved real 
estate located in the SFHA in a participating community unless the 
secured property and any personal property securing the loan is covered 
by flood insurance. The prohibition of financial assistance also 
applies to non-participating communities.

Need for Interim Procedures

    We revise NFIP flood maps for a number of reasons, such as the 
availability of improved techniques for assessing the flood risk, 
changes in the physical condition of the floodplain or watershed, or as 
additional data become available to improve the identification of flood 
hazards. The requirements for revising the FIRMs are established in the 
NFIP Regulations at 44 CFR Part 65, Identification and Mapping of 
Special Hazard Areas. FEMA can also revise a FIRM when property owners, 
whose land is in an SFHA and the elevation is below the BFE, request a 
map change as a result of grading and filling their site to raise the 
level of the land above the 1-percent annual chance flood level. The 
criteria for determining whether to remove unimproved land or land with 
structures from the SFHA by raising ground elevations using engineered 
earthen fill are established in Sec. 65.5. If the criteria under 
Sec. 65.5 are met, we will issue a Letter of Map Revision Based on Fill 
(also referred to as a LOMR-F).
    Specifically, unimproved land (land without a structure) can be 
removed from the SFHA under 44 CFR 65.5(a)(3) if the ground elevations 
of the entire legally defined parcel of land are at or above the BFE. 
Land that is removed under paragraph 65.5(a)(3) is no longer subject to 
the NFIP floodplain management requirements at 44 CFR 60.3, which 
includes the requirement that the lowest floor (including basement) be 
elevated to or above the BFE. In addition, future structures placed on 
this unimproved land would not be subject to the mandatory flood 
insurance purchase requirement of the NFIP.
    If a structure is involved, we will determine whether a structure 
is to be removed from the SFHA under 44 CFR 65.5(a)(4) by comparing the 
elevation of the lowest floor (including basement) and the elevation of 
the lowest adjacent grade with the BFE. If the entire structure and the 
lowest adjacent grade are at or above the BFE, the structure may be 
removed from the SFHA. Once we issue a LOMR-F, the NFIP floodplain 
management requirements at 44 CFR 60.3 and the mandatory flood 
insurance purchase requirement of the NFIP no longer apply. However, if 
the structure involved does not meet the criteria that the entire 
structure and the lowest adjacent grade are at or above the BFE, the 
structure is not removed from the SFHA and the structure is still 
subject to the NFIP floodplain management requirements and the 
mandatory flood insurance purchase requirement.
    When requesting a LOMR-F, property owners are required to submit 
adequate supporting data according to the criteria established in 
Sec. 65.5, such as a legal description of the property and information 
regarding the placement of fill. In addition, a community must be made 
aware of a request for a LOMR-F because changes in land elevations may 
impact other property owners. Community acknowledgement of a request 
for a LOMR-F confirms that the community has reviewed the LOMR-F 
request and found that it meets all of the community's applicable 
floodplain management regulations, including the requirement that no 
fill be placed in the regulatory floodway.
    There has been considerable confusion over the provision under 
which a LOMR-F request will be processed [paragraph 65.5(a)(3) or 
paragraph 65.5(a)(4)]. At issue is what constitutes ``if a structure is 
involved'' that subjects the LOMR-F request to the elevation 
requirements of paragraph 65.5(a)(4). We are providing these interim 
procedures to clarify when we will process a LOMR-F request under 
paragraph 65.5(a)(3) and when we will process a LOMR-F request under 
paragraph 65.5(a)(4).
    We also recognize the possible inconsistent treatment of structures 
for LOMR-F requests processed under 65.5(a)(3) or 65.5(a)(4). A 
structure that is constructed on unimproved land that has been removed 
from the SFHA under of paragraph 65(a)(3) is not required to meet the 
NFIP floodplain management design and construction requirements. 
Whereas, a structure that falls under paragraph 65.5(a)(4) must meet 
certain requirements to ensure that the lowest floor (including 
basement) is elevated to or above the BFE before the land and structure 
are removed from the SFHA.
    We are concerned that structures built on land that was previously 
removed from the SFHA under Sec. 65.5(a)(3) may still be subject to 
flood damages during the base flood and higher magnitude floods. This 
risk will vary depending on whether or not the structure has a basement 
below the BFE, the soil conditions at the site, duration of flooding, 
and the location of the structure relative to the edge of the SFHA. 
Therefore, we strongly encourage communities to review permit 
applications for structures built after a LOMR-F is issued under 
paragraph 65.5(a)(3) to ensure structures are reasonably protected from 
flood damages. When a community joins the NFIP, it must initially adopt 
a resolution

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or ordinance that expresses a ``commitment to recognize and evaluate 
flood hazards in all official actions and to take such other official 
action as reasonably necessary to carry out the objectives of the 
program'' [44 CFR 59.22(a)(8)]. This is in addition to the general 
requirement that the community ``take into account flood hazards to the 
extent that they are known in all official actions relating to land 
management and use'' [44 CFR 60.1(c)]. One way communities can ensure 
that structures are reasonably protected is to require that the lowest 
floor (including basement) of the structure be elevated to or above the 
BFE designated for the site prior to issuance of the LOMR-F. Another 
way communities can ensure that structures are reasonably safe from 
flooding is to require that saturated soil conditions during a base 
flood event do not adversely impact structures.

Interim Procedures

    We will process all LOMR-F requests received after the date of this 
notice as follows (these procedures will apply to single and multi-lot 
LOMR-F requests, which may involve one structure or multiple 
structures):
     Paragraph 65.5(a)(3) will apply to requests to remove 
unimproved land elevated by placement of engineered fill if a structure 
is not involved at the time of the application for a LOMR-F.
     Paragraph 65.5(a)(4) will apply to requests to remove land 
elevated by placement of engineered fill if a structure is involved at 
the site at the time of the application for a LOMR-F.
     We base a determination of whether a ``structure is 
involved'' on the date the building or other floodplain development 
permit was issued. As part of the community acknowledgement of the 
LOMR-F request on MT-1 Form 4, the community must indicate (in the 
comments section) whether a permit has been issued, or the requestor 
must indicate whether a permit has been issued. If the community has 
issued a permit, we will consider that a structure is involved and 
process the LOMR-F request under Paragraph 65.5(a)(4).
     We strongly encourage community officials to review permit 
applications for structures built after a LOMR-F is issued under 
paragraph 65.5(a)(3) to minimize flood damages. One way communities can 
ensure that structures are adequately protected is to require that the 
lowest floor (including basement) of the structure be elevated to or 
above the BFE designated for the site prior to issuance of the LOMR-F.
     We will not actively review previously issued 
determinations under Sec. 65.5 for conformity with these interim 
procedures. We will, however, review previously denied applications for 
a LOMR-F processed under paragraph 65.5(a)(4) upon written request. 
Such requests must include documentation on the date of ``start of 
construction'' for any structures located on the legally defined parcel 
that was the subject of the previously denied application for a LOMR-F.
     New LOMR-F requests and requests for LOMR-F 
redeterminations will be subject to the current fee schedule 
established in 44 CFR Part 72.

Future Actions by FEMA

    We intend to address the issue of inconsistent treatment of 
structures under the two provisions for requesting a LOMR-F to remove 
unimproved land and land with structures from the SFHA. Our objectives 
are to ensure that flood damages are minimized and that the SFHA is 
identified in a consistent manner.

    Dated: August 20, 1999.
Michael Armstrong,
Associate Director for Mitigation.
[FR Doc. 99-22642 Filed 8-31-99; 8:45 am]
BILLING CODE 6718-04-P