II. 1

II. Overview Of Regulations A.Federal Emergency Management Agency

(FEMA):1. Background

The United States Congress passed the National Flood Insurance Act of 1968 and was enacted by Title XIII of the Housing and Urban Development

Purpose was to provide relief for individuals with property in flood-prone areas, provide flood protection insurance and to begin to develop uniform standards for floodplain management.

To qualify for the sale of federally-subsidized flood insurance a community must adopt and submit to the Administrator as part of its application, floodplain management regulations, satisfying at a minimum the criteria designed to reduce or avoid future flood, mudslide (i.e., mudflow) or flood-related erosion damages. These regulations must include effective enforcement provisions.

II. 2

(CONTINUED)

II. Overview Of Regulations A.FEMA:

2. FIRM – Flood Insurance Rate MapsFlood Insurance Rate Maps

II. 3

(CONTINUED)

II. Overview Of Regulations

A.FEMA:2. FIRM – Flood Insurance

Rate Maps (CONTINUED)

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II. Overview Of Regulations

A.FEMA:2. FIRM – Flood Insurance

Rate Maps (CONTINUED)

Flood Boundary and Floodway Maps

(CONTINUED)

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II. Overview Of Regulations

A.FEMA:Floodways vs. Floodplains

Floodway hypothetical zone within floodplain equal encroachment on both sides of floodplain resulting in a one ft.

increase in flow depths FEMA requires communities to maintain floodways through proper

floodplain management

(CONTINUED)

II. 6

II. Overview Of Regulations A.FEMA:

2. FIRM – Flood Insurance Rate Maps (CONTINUED)

Floodway Delineation

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II. Overview Of Regulations

A.FEMA:2. FIRM – Flood

Insurance Rate Maps (CONTINUED)

Floodway Delineation

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II. Overview Of Regulations

A.FEMA:3. FIS – Flood

Insurance Studies

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II. Overview Of Regulations

A.FEMA:3. FIS– Flood

Insurance Studies

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II. Overview Of Regulations

A.FEMA:6. FEMA Map Revisions –

LOMR/LOMA/CLOMRa) Letter of Map Revision (LOMR)

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II. Overview Of Regulations

A.FEMA:6. FEMA Map Revisions –

LOMR/LOMA/CLOMRa) LOMR

b) Letter of Map Amendment (LOMA)

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II. Overview Of Regulations

A.FEMA:6. FEMA Map Revisions –

LOMR/LOMA/CLOMRa) LOMR

b) LOMA

c) Conditional Letter of Map Revision (CLOMR)

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II. Overview Of Regulations

A.FEMA:6. FEMA Map Revisions –

LOMR/LOMA/CLOMRa) LOMR

b) LOMA

c) CLOMR

d) FEMA Coordination Process and Timing

[Handout p. 2-22 of TXDOT-02]

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II. Overview Of Regulations

A.FEMA:6. FEMA Map Revisions –

LOMR/LOMA/CLOMRa) LOMR

b) LOMA

c) CLOMR

d) FEMA Coordination Process and Timing

[Handout p. 2-22 of TXDOT-02]

e) FEES

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II. Overview Of Regulations

A.FEMA:6. FEMA Map

Revisions – LOMR/LOMA/CLOMRe) FEES

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A.FEMA:7. Multiple Profiles

Storm Frequency 10-year, 50-year, 500-year

(CONTINUED)

II. Overview Of Regulations

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Multiple Profile Example

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II. Overview Of Regulations

B.FHWA:1. 23 CFR 650a

Part 650: Bridges, Structures, and HydraulicsSubpart A: Location and Hydraulic Design of

Encroachments on FloodplainsPurpose: To prescribe Federal Highway

Administration (FHWA) policies and procedures for the location and hydraulic design of highway encroachments on flood plains, including direct Federal Highway projects administered by the FHWA.

(CONTINUED)

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II. Overview Of Regulations B.FHWA:

1. 23 CFR 650a (CONTINUED)

Goals: To encourage a broad and unified effort to prevent

uneconomic hazardous or incompatible use and development of the Nation’s floodplains

To avoid longitudinal encroachments, where practicable, To avoid significant encroachments,where practicable, To minimize impacts of highway agency actions which

adversely affect base flood plains

(CONTINUED)

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II. Overview Of RegulationsB.FHWA:

1. 23 CFR 650aGoals: (CONTINUED)

To restore and preserve the natural and beneficial floodplain values that are adversely impacted by highway agency actions

To avoid support of incompatible floodplain development To be consistent with the intent of the Standards and

Criteria of the National Flood Insurance Program To incorporate “A Unified National Program for Floodplain

Management” of the Water Resources Council into FHWA procedures

(CONTINUED)

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II. Overview Of Regulations

B.FHWA:1. 23 CFR 650a

Application: Applies to all actions affecting the base floodplain,

except for repairs made with emergency funds Does NOT apply to approvals or authorizations

given before adoption of this regulation

(CONTINUED)

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II. Overview Of Regulations B.FHWA:

2. Location Hydraulic StudiesMust evaluate alternatives for longitudinal encroachmentDiscussion must include the following for each

alternative developed: associated risks impacts on natural and beneficial floodplain development support of probable incompatible floodplain development measures to minimize impacts measure to restore and preserve floodplain value consultation with Local, State, and Federal water resource and

floodplain management agencies

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II. Overview Of Regulations

C.State and Local Regulations:1. State Regulations and Guidance

LOMR/CLOMRState StandardsADOT Manuals

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II. Overview Of Regulations

C.State and Local Regulations:2. Local Regulations

Local Community Approves LOMR/CLOMRConsult with Local Floodplain ManagementFloodplain Ordinance and Drainage Design

Criteria

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2. Local Regulations Floodplain Use Permit

“Except as otherwise provided in these regulations, it shall be unlawful for any person to establish, erect, alter or relocate a use or structure in the regulatory floodplain or an erosion-prone area…without first obtaining a floodplain use permit from the city engineer”

II. Overview Of Regulations

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II. Overview Of Regulations

D.Environmental Permits:1. US Army Corps of Engineers (USACE)

404-permitsOrdinary High Water Mark (OHWM)

Line on shore established by water fluctuation Seen by shelving, vegetation, and debris line on

bank

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II. Overview Of Regulations D.Environmental Permits:

1. USACE 404Ordinary High Water Mark

May contain sandbars or shelves Dredge/Fill below high water mark is regulated by

the Clean Water Act

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II. Overview Of Regulations

D.Environmental Permits:2. USEPA

a) NPDES, SWPPP

and BMPs National Pollution Discharge

Elimination System (NPDES)

Stormwater Pollution

Prevention Plans (SWPPP)

Best Management Practices (BMPs)

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Straw Bale Barrier as Best Management Practice

II. Overview Of RegulationsD.Environmental Permits:

2. USEPAa) NPDES, SWPPP,

and BMPs

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Silt Fence as Best Management Practice

II. Overview Of Regulations

D.Environmental Permits:2. USEPA

a) NPDES, SWPPP, and BMPs

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II. Overview Of Regulations

D.Environmental Permits:2. USEPA

b) AZPDES

Arizona Pollution Discharge Elimination System