Procedures for Compliance with Floodway Regulations.pdf

Cross Section A
Encro.1Chmcnl
flood fringe
floodway
Ellcroachment
Plan View
Figure I: Floodway and Floodway Fringe
2. The National flood Insurance Program
Encroachment Permilled
A
noon
fringe
•
Encro"c1l1nent Permined
2-1. Overview. The National Flood Insurance Program (NFIP) was created
by Congress lhrough the passage ofthe National Flocxf Insurance Act of 1968.
The purJX>5e of the NFIP is twofold: 1) to provide the general public the
opportunity to obtain insurance coverage to cover flood damages to buildings
and their contents and, 1) to reduce future flood damages by requiring the
local regulation of new development in floodprone areas. The NFIP is
administered by the Federal Insurance Administration (FIA), a division of the
Federal Emergency Management Agency (FEMA).
The availability of flood insurance is contingent upon a community'S
participation in the NFIP. To participate, a community must enact regulations
10 control development activities within identified floodplain areas. Local
A
regulations must meet or exceed minimum NFIP requirements. There are over
17,000 municipalities currently participating in the NFIP, nationwide.
FloodplQne areas are idenrified on maps provided to communities by the
Federal Insurance Administration. Referred to as Special Flood Hazard Areas,
the~ areas represent the extent of inundation which can be expected from a
100 year flood or base flood. local regulations must ensure that all new and
substantially improved buildings are prOleaed 10 the level of the base flood.
allhe very minimum.
For municipalities with Flood Insurance Studies, the identified floodplain
is divided into two distina zones or distrias: a floodway and floodway fringe
(see figure 1). The f100dway is delineated for the purpose of keeping an area
clear of obstructions to allow flood waters to freely discharge downstream.
When f100dways are identified, municipalities must include regulations
which restrict any new development within noodwar-; which would cause
any increase in nood heights. There is no such restrioion to development
within the floodway fringe. Development may occur in the f100dway fringe
provided it complies with applicable elevation or floodproofing requirements.
The Federal Insurance AdminiSlration uses special criteria in delineating
f100dways. In an attempt to allow for some development in floodplains, FIA
decided to delineate f100dways assuming that development may take place
within floodway fringes to an extent that flood heights will be raised a
maximum of one foot. Some states have enacted more stringent surcharge
limits, but, for the most part, the NFIP floodway criteria and delineation is
widely used. The following seaiolls attempt to clarify NFIP floodway regulations
and the proper procedures and data needed to evaluate development
proposals.
2.1 General Oevelopmenl Procedures. It is the responsibility of the
builder, developer. or property owner to obtain a local permit before proceedingwith
any construoion or development within an identified floodplain area.
The definition of del'eloDnlenl as defined through the NFIP is as follows:
allY /tUl1r-made challge t(l improved or ullImproved real estate. i"dudi"g but 1101
IinUled to bU/fdlllgs or Olher Structures. milling. dredgurg. fillillg. gradillg.
pavmg. excavation. drilling operations or J,loraKe 01 equipment or matt!flafJ..
As one of the conditions for obtaining local approval. an applicant must
secure all other necessary federal and state permits which are required for the
location and type of development being proposed. Many states have permit
requirements and regulations pertaining to development activities in the
f100dway. The U.S. Army Corps of Engineers and various states have strict
regulations concerning the development of wetlands. While il is the responsibility
of the applicant to obtain these and other applicable governmental
permits, it is incumbent upon communities participating in the NFIP to
withhold the issuance of a local permit until such time that the applicant
provides evidence that all necessary permits have been secured.
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