SACRAMENTO COUNTY

FLOODPLAIN MANAGEMENT ORDINANCE

EFFECTIVE April 24, 2010

INTRODUCTION April 24, 2010

Sacramento County has participated in the National Flood Insurance Program since 1979. A County Floodplain Management Ordinance which meets or exceeds the minimum standards of FEMA is a requirement of such participation. The Floodplain Management Ordinance specifically describes what types of development activities are allowed and how proposed development may be permitted. The purpose of floodplain management is to realize the extent of flood hazards and to manage the flooding in a manner so as to reduce damage to structures and infrastructure and to minimize the risk of human casualties. All proposed development activity in floodplains -- those areas designated by FEMA on the Flood Insurance Rate Maps (FIRMs) for Sacramento County (Community Number 060262) and other areas subject to flooding -- must be reviewed and permitted by the County’s Floodplain Administrator (Water Resources) prior to construction.

County of Sacramento Municipal Services Agency

Department of Water Resources 827 7th Street, Room 301 Sacramento, CA 95814

(916)874-6851

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SZC-2010-0005

AN ORDINANCE AMENDING THE SACRAMENTO COUNTY FLOODPLAIN MANAGEMENT ORDINANCE

The Board of Supervisors of the County of Sacramento, State of California,

ordains as follows:

SECTION 1. Zoning Code Ordinance 2007-0041, related to floodplain

management, is amended to read as follows:

CHAPTER 1

INTRODUCTORY PROVISIONS 901-01. STATUTORY AUTHORIZATION. The Legislature of the State of California has conferred upon counties the authority to make and enforce regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the Board of Supervisors of the County of Sacramento does hereby adopt the following floodplain management regulations. 901-02. FINDINGS OF FACT.

(A) The special flood hazard areas and local flood hazard areas of the County are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental service, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

(B) These flood losses are caused by development that is inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of encroachments in areas of special flood hazards and local flood hazards which increase flood heights and velocities also contribute to the flood loss.

901-03. STATEMENT OF PURPOSE. It is the purpose of this title to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(A) Protect human life and health; (B) Minimize expenditure of public money for costly flood control projects; (C) Minimize the need for rescue and relief efforts associated with flooding and

generally undertaken at the expense of the general public; (D) Minimize prolonged business interruptions; (E) Minimize damage to public facilities located in special flood hazard areas and

local flood hazard areas; (F) Ensure that current flood hazard data is available for property owners,

prospective buyers, insurance agents, real estate agents, and other

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interested parties. (G) Ensure that those who develop in special flood hazard areas or local flood

hazard areas do so pursuant to this ordinance; and (H) Ensure that those who develop special flood hazard areas or local flood

hazard areas assume responsibility for their actions. 901-04. METHODS OF REDUCING FLOOD LOSSES. In order to accomplish its purposes, this title includes methods and provisions to:

(A) Restrict or prohibit development which is dangerous to health, safety, and property due to flood hazards, or which result in damaging increases in flood heights or velocities;

(B) Require that development vulnerable to floods, including facilities which serve such development, be protected against flood damage at the time of initial construction;

(C) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

(D) Control filling, grading, dredging, and other development which may increase flood damage; and

(E) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwater or which may increase flood hazards in other areas.

CHAPTER 2 DEFINITIONS

902-01. DEFINITIONS. As used in this title, the following words and phrases shall have the meaning given in this chapter. 902.02. APPEAL. A request for a review of the Floodplain Administrator's determination or action pursuant to, or interpretation of, any provision of this title. 902.03. APPLICANT. Any person who submits an application for a permit pursuant to this title. 902.04. BARN. A structure designed and constructed to house farm implements and other agricultural products. The structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or packaged; nor shall it be a place used by the public. 902.05. BASE FLOOD. A flood which has a one percent chance of being equaled or exceeded in any given year (also called the “100-year flood”). For the purpose of this ordinance, this includes the highest water surface elevation from any source of flooding determined by engineering analysis, measured high water, or Flood Insurance Rate Map. 902.06. BASE FLOOD ELEVATION (“BFE”). The water surface elevation of the base flood. 902.07. BASEMENT. An area of a building having its floor below ground level on all sides. 902.08. BOARD OF SUPERVISORS. The legislative body of the County of Sacramento. 902.09. BUILDING. An enclosed, walled and roofed structure that is principally above ground. The term includes manufactured homes, mobile homes, and electrical/mechanical enclosures. See also “structure.” 902.10. COUNTY. The unincorporated County of Sacramento 902.11. COUNTY SPECIFICATIONS. The County Improvement Standards, County Standard Construction Specifications, County Hydrology Standards, and other

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standards included in applicable County ordinances, regulations and manuals, as amended from time to time. 902.12. DELTA AREA. That area bounded on the east by the Western Pacific Railroad tracks, on the north by the southern limits of the City of Sacramento, and on the south and west by the border of the County of Sacramento. 902.13. DEVELOPMENT. Any activity that the Floodplain Administrator deems to have an adverse impact on the base flood elevation or floodway capacity, any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, storage of materials, dredging, filling, grading, paving, excavation or drilling operations. Levee maintenance which results or causes channel encroachments or a rise of the base flood elevation, or results or causes the raising of the levee elevation in those sections where the elevation of the levee was a controlling factor for establishing the base flood elevation on either side of the levee shall be considered development. Note: the following activities shall not be considered development: Normal farming activities (see 902.47); Levee maintenance which meets the provisions of Section 905-15. 902.14. ENCLOSURE OR ENCLOSED AREA. An area below the base flood elevation plus required freeboard that is constructed to disallow equalization of hydrostatic pressure. 902.15. ENCROACHMENT. The advance or infringement of fill, excavation, buildings, structures, dams, wharfs, embankments, levees, bridges, conduits, culverts, fences, rock, gravel, or other development in, along, across or projecting into any watercourse or floodway which may alter, impede, retard or change the direction and/or velocity of the flow of water; or, may snare or collect debris carried by the flow of water. 902.16. EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads was completed before November 1, 1989. 902.17. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads. 902.18. FLOOD, FLOODING, OR FLOODWATER. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source. 902.19. FLOOD BOUNDARY AND FLOODWAY MAP. The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway. 902.20. FLOOD HAZARD BOUNDARY MAP. The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards. 902.21. FLOOD INSURANCE RATE MAP (FIRM) The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the County. Pre-FIRM is defined as dates preceding and post-FIRM is defined as dates following the date of the initial Flood Insurance Rate Map for the County (March 15, 1979). 902.22. FLOOD INSURANCE STUDY ("FIS"). The official report of the Federal

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Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. 902.23. FLOODPLAIN OR FLOOD-PRONE AREA. Any land area susceptible to flooding in the base flood. 902.24. FLOODPLAIN ADMINISTRATOR. The Director of the Sacramento County Department of Water Resources. 902.25. FLOODPLAIN MANAGEMENT. The operation of a program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain. 902.26. FLOODPLAIN MANAGEMENT REGULATIONS. This title, zoning ordinances, subdivision regulations, building codes, special purpose ordinances such as grading and erosion control and other County ordinances and regulations which control development in flood-prone areas. 902.27. FLOODPROOFING. Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents (see FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93). 902.28. FLOODWAY. A watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation beyond a level determined by the Floodplain Administrator, but in no case more than one foot. 902.29. FLOODWAY ENCROACHMENT LINES. The lines marking the limits of floodways on federal, state and local floodplain maps. 902.30. FLOODPLAIN FRINGE. The area of the floodplain, in the base flood, on either side of a mapped floodway or where flooding is less than two feet depth if a floodway is not shown. 902.31. FUNCTIONALLY DEPENDENT USE. A use which must be located in close proximity to water, including only docking facilities, port facilities necessary for the loading and unloading of cargo or passengers, and ship building and repair facilities, and not including long-term storage or manufacturing facilities. 902.32. GARAGE. A detached accessory building on the same lot as a dwelling or a portion of a main building for the housing of noncommercial vehicles of the occupants of the dwelling. 902.33. GRADING. The act or result of digging, excavating, transporting, spreading, depositing, filling, compacting, settling, or shaping of land surfaces and slopes, and other operations performed by or controlled by human activity involving the physical movement of rock or soil. 902.34. HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface prior to construction next to the proposed perimeter of a building. 902.35. HISTORIC BUILDING. Any building that is: Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; or Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or Individually listed on the California State Historical Resources Commission inventory of historic landmarks and points of interest; or Individually listed by the Sacramento Commission of History.

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902.36. LEVEE. A structure or earthen embankment, which contains, controls or diverts the flow of water so as to provide protection from flooding. 902.37. LEVEE MAINTENANCE. Routine activities to preserve the operating condition or operating elevation of a levee as established in a Final Notification issued by the Floodplain Administrator pursuant to Section 905-15. These activities include and are limited to:

(A) Extermination of burrowing rodents and filling burrows; (B) Shaping the levee crown; (C) Repairing access or patrol roads; (D) Repairing minor slip-outs, erosion, or subsidence of a levee section; (E) Removing drift deposits, debris, and litter from the levee and berm; (F) Cleaning drains and toe ditches adjacent to the landside levee toe; (G) Cutting, removing, trimming, burning, spraying and mowing vegetation; (H) Repairing or restoring rock protection; (I) Removing encroachments; or (J) Placing fill to restore the operating elevation of a levee.

902.38. LOCAL FLOOD HAZARD AREA. An area having flood hazards as determined by the Floodplain Administrator, and which is supplemental to federally defined special flood hazard areas. 902.39. LOWEST ADJACENT GRADE. The lowest elevation of the ground surface after construction next to the perimeter of a building. 902.40. LOWEST FLOOR. The lowest floor of the lowest enclosed area, including basement. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered the lowest floor, provided that such enclosure is not built so as to render the building in violation of the applicable non-elevation design requirements of this Title. 902.41. MANUFACTURED HOME. A building, 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 a "recreational vehicle". 902.42. MANUFACTURED HOME PARK OR SUBDIVISION. A parcel, or contiguous parcels, of land divided into two or more manufactured home lots for rent or sale. 902.43. MEAN SEA LEVEL. The USGS Datum to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. 902.44. NATOMAS AREA. The area bounded on the north by the border of the County of Sacramento, on the east by the Natomas East Main Drainage Canal, and on the south and west by the Sacramento River. 902.45. NEW CONSTRUCTION. Any construction of a new structure. Any reconstruction, addition, or alteration of an existing building or any part thereof beyond the foundation perimeter commencing on or after March 15, 1979. 902.46. NEW MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including at a minimum, the

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installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads, is completed on or after November 1, 1989. 902.47. NORMAL FARMING ACTIVITIES. Plowing, seeding, cultivating, minor drainage, harvesting, field leveling outside defined watercourses, contouring, and planting, as well as routine maintenance of irrigation ditches. 902.48. ONE-HUNDRED YEAR FLOOD. See "Base flood". 902.49. PERMITTEE. The person in whose name a valid permit is issued pursuant to this title and the person's agents, employees and designated representatives; 902.50. PERSON. Any individual, corporation, partnership, association of any type, public agency or any other legal entity. 902.51. RECREATIONAL VEHICLE. A vehicle which is:

(A) Built on a single chassis; (B) 400 square feet or less when measured at the largest horizontal

projection; (C) Designed to be self-propelled or permanently towable by a light-duty truck;

and (D) Designed primarily not for use as a permanent dwelling but as temporary

living quarters for recreational, camping, travel, or seasonal use. 902.52. SPECIAL FLOOD HAZARD AREA. An area shown in the FIS and attendant mapping as Zone A, AO, A1-A30, AE, A99, AH or AR. 902.53. START OF CONSTRUCTION includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means 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 manufacture 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, or 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. 902.54. STRUCTURE. For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, a manufactured home that is affixed to a permanent site or foundation and a travel trailer without wheels. See also “building.” 902.55. SUBSTANTIAL DAMAGE. Damage of any origin sustained by a building whereby the cost of restoring the building to its before damaged condition would equal

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or exceed 50 percent of the market value of the building before the damage occurred. 902.56. SUBSTANTIAL IMPROVEMENTS. Any reconstruction, rehabilitation, addition, or alteration of a building, or any part thereof, the cost of which equals or exceeds 50 percent of the current market value of the building, as determined by independent appraisal. This term includes buildings which have incurred "substantial damage", regardless of the actual repair work performed. A single project shall include improvements or additions to the structure, other than repair of damage, which occur within a four year period, beginning on the effective date of this code. The term does not, however, include either: § Any project for improvement of a building to correct existing violations or 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 § Any alteration of a "historic building" provided that the alteration will not preclude the building's continued designation as a "historic building". § 902.57. USGS DATUM. The National Geodetic Vertical Datum of 1929 (NGVD 29) used countywide for floodplain mapping. Reference surface set by the National Geodetic Survey (USGS) deduced from a continental adjustment of all existing adjustments in 1929. 902.58. VARIANCE. A grant of relief from the requirements of this title which allows development in a manner that would otherwise be prohibited by this Title. 902.59. VIOLATION means the failure of a structure or other development to be fully compliant with this ordinance. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided. 902.60. WATER SURFACE ELEVATION. The height, in relation to the USGS Datum, where specified, of floods of various magnitudes and frequencies in floodplain areas. 902.61. WATERCOURSE. A river, stream, creek, tributary, basin, lake, pond, waterway, or channel, natural or man-made having a defined bed and banks on or over which water flows at least periodically.

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CHAPTER 3. GENERAL PROVISIONS

903-01. APPLICATION. This title shall apply to all areas of special flood hazards and local flood hazards within the jurisdiction of the County of Sacramento. 903-02. BASIS FOR ESTABLISHING FLOOD HAZARD AREAS.

(A) The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) for the County of Sacramento, dated July 6, 1998, and accompanying Flood Insurance Rate Maps and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this title. This FIS and attendant mapping is the minimum area of applicability of this title, and is on file in the office of the Sacramento County Floodplain Administrator, 827-7th Street, Room 430, Sacramento, CA 95814.

(B) The area of applicability of this title may be supplemented by the Floodplain Administrator based upon the best available information, which may include any base flood elevation and floodway data available from a federal or state agency, or other source, other flooding studies, measured high water elevations from historic flooding events, local topography, or other available information. These areas shall be referred to as local flood hazard areas, and a map of these areas is on file in the Office of the Floodplain Administrator.

(C) On March 18, 2009, FEMA issued a letter de-accrediting certain levees within the County and therein set forth a time schedule for approving a new Flood Insurance Rate Map (FIRM) for the area. Accordingly, as used herein above, the expression “best available information,” when used in the areas served by the Sacramento River and Delta levees south of Freeport (which areas are identified and described in Exhibit “1” attached hereto and incorporated herein by this reference) shall mean a Flood Insurance Rate Map (FIRM) for such areas as finally approved by FEMA. Until the effective date of the new FIRM such area shall not be deemed a local flood hazard area as defined in this Ordinance and a Floodplain Management Permit for new construction or substantial improvements otherwise authorized shall be issued hereunder, provided a levee risk disclosure declaration concerning such property is recorded in a form substantially similar to Exhibit “2” attached hereto, and approved by County Counsel. This subsection 903-02.(C). shall expire upon the effective date of the new FIRM.

903-03. COMPLIANCE. No structure or land shall hereafter be filled, graded, developed, constructed, reconstructed, rehabilitated, or altered without complying with the terms of this title. Violations shall constitute a misdemeanor. Nothing herein shall prevent the Board of Supervisors from taking such lawful action as is necessary to prevent or remedy any violation. 903-04. ABROGATION AND GREATER RESTRICTIONS. This title is not intended to repeal, abrogate, or impair any existing easements, covenants, deed restrictions or ordinances. Where this title and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 903-05. INTERPRETATION. In the interpretation and application of this title, all provisions shall be considered as minimum requirements and shall be liberally

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construed in favor of the County and shall not be deemed to limit or repeal any other powers granted by state statutes. 903-06. DELEGATION. Whenever in this title an authority or power is vested in or a duty is imposed upon an officer or official, an employee subordinate to the officer or official to whom an appropriate delegation has been made shall be entitled to exercise the power or authority and perform the duty. 903-07. APPLICATION TO GOVERNMENT AGENCIES. The provisions of this title shall apply to all government agencies and local agencies, their officers, employees, or agents, to the extent authorized by law. 903-08. WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection required by this title is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This title does not imply that land outside of areas designated as special flood hazard areas or local flood hazard areas or uses allowed within such areas will be free from flooding or flood damages. This title shall not create liability on the part of the County of Sacramento or the Sacramento County Water Agency, any officer or employee thereof, for any damages or injuries that result from reliance on this title or any administrative decision lawfully made hereunder. 903-09. SEVERABILITY. If any section, subdivision, sentence, clause or phrase of this title is declared by a court of competent jurisdiction to be unconstitutional or invalid, such determination shall not affect the validity of the remainder of this title.

CHAPTER 4.

FLOODPLAIN ADMINISTRATOR 904-01. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR.

(A) The Director of the Sacramento County Department of Water Resources is hereby appointed the Floodplain Administrator, to administer and implement this title and is authorized to promulgate and enforce such rules or regulations consistent with and necessary to implement the purposes, intent and express terms of this title.

(B) No rules or regulations promulgated by the Floodplain Administrator, or

amendments thereof, shall be enforced or become effective until thirty (30) calendar days following the date on which the proposed rules or regulations are filed with the Clerk of the Board of Supervisors.

904-02. RESPONSIBILITIES OF FLOODPLAIN ADMINISTRATOR. The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following:

(A) Permit Review. Review and approve, conditionally approve or deny Floodplain Management Permit applications in accordance with the provisions of this title. Permit applications under this title may be reviewed concurrently with building permit applications, grading and erosion control permit applications and improvement plans.

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(B) Review and Use of Any Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 903-02, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, other flooding studies, measured high water elevations from historic flooding events, local topography, or other available information in order to administer this title and establish base flood elevations. Any base flood elevation established by the Floodplain Administrator shall not be lower than the base flood elevation established in the FIS for the same location.

(C) Notification of Other Agencies. In alteration or relocation of a watercourse: (1) Notify affected communities prior to alteration or relocation; (2) Submit evidence of such notification to the Federal Insurance Administration

of the Federal Emergency Management Agency; and (3) Assure that the flood carrying capacity within the altered or relocated portion

of said watercourse is maintained. (D) Documentation of Floodplain Development. Obtain and maintain for public

inspection base flood elevations, where available, and flood hazard area designations, and make available as needed certifications required by: (1) Section 906-02 (residential elevations); (2) Section 906-03 (nonresidential elevation or floodproofing); (3) Section 906-04 (wet floodproofing standard); (4) Section 906-06 (subdivision standards); and, (5) Section 906-09 (floodway encroachments).

(E) Map Determinations. Make interpretations as to the location of the boundaries of the areas of special flood hazard where there is conflict between a mapped boundary and actual field conditions.

(F) Remedial Action. Take action to remedy violations of this title as specified in Section 903-03.

(G) Agreements. Execute and record non-conversion and hold harmless agreements.

(H) Map Changes. Notify FEMA within six months of changes to the floodplain.

CHAPTER 5. FLOODPLAIN MANAGEMENT PERMITS

905-01. ESTABLISHMENT OF FLOODPLAIN MANAGEMENT PERMIT. A Floodplain Management Permit shall be obtained before any new construction, substantial improvements or other development, including alteration of land, begins within any special flood hazard area or local flood hazard area established in Section 903-02. Permits for work in the floodplain requiring approval by the Floodplain Administrator are either in the form of a permit or a formal improvement plan. The application for a Floodplain Management Permit shall be filed on a form and submitted with such information as is prescribed by the Floodplain Administrator including, but not limited to the following:

(A) Plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the property, existing or proposed structures, fill, storage of materials, and drainage facilities;

(B) Proposed elevation in relation to mean sea level (USGS Datum) of the lowest floor of all buildings - in Zone AO, elevation of highest adjacent grade and proposed elevation of lowest floor of all buildings;

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(C) Proposed elevation in relation to mean sea level (USGS Datum) to which any structure will be floodproofed, if required in Chapter 6;

(D) All appropriate certifications listed in Section 904-02(D); (E) Location and elevation of the base flood and the floodway, both before and

after proposed development; (F) Location, volume and depth of proposed fill and excavation within the 100-

year floodplain and the floodway; and (G) Description of the extent to which any watercourse will be altered or relocated

as a result of proposed development.

905-02. PERMIT FEES. (A) A fee shall be paid by the applicant to the County for plan checking and review,

site inspections, processing, issuance and other services performed by the Floodplain Administrator in connection with the review of an application for a Floodplain Management Permit. The fees for these services shall be in the amount of the actual costs incurred by the County based on the hourly rate of the personnel performing the services, including all overhead costs, and as determined by the Administration and Finance Agency.

(B) Permit fees shall be lump sum, paid in advance, as follows (adjusted annually at the same percentage as the fully loaded labor rate for a principal engineering technician at the Department of Water Resources):

(1) Prepare and send request for Letter of Map Amendment $133 (2) Fill in floodplain complaint including up to two site inspections $464 (3) Floodplain Management Permit including up to two site inspections $464 (4) Letter of Map Revision (other than regional floodplain master plans) paid

at time and expense (5) Hold harmless and/or non-conversion agreement including up to two site

inspections $464 Footnote: Fees for elevation certificates were established by Sacramento County Water Agency Resolution WA-2465 February 27, 2002

(C) The Floodplain Administrator shall not perform any services for an applicant if an amount owing is not paid within twenty-eight (28) days, until such time that all amounts owing and interest thereon is paid in full. The balance of fees owing shall be paid in full prior to issuance of a permit. In the event the actual costs do not exceed the minimum deposit amount, the County shall reimburse the applicant the difference between the deposit amount and the actual total charges.

905-03. DELETED. 905-04. ISSUANCE. The Floodplain Management Permit shall be issued by the Floodplain Administrator within a reasonable time after all information requested on the application form for floodplain development and any additional information requested by the Floodplain Administrator has been received. 905-05. CONTENTS OF PERMIT. The Floodplain Management Permit shall include but not be limited to a complete description of the activity for which it is issued, the property for which it is issued, the date of issuance, the date of expiration, and a description of any and all conditions upon which the permit has been issued. The permit shall be kept at the site during the development for which the permit was issued.

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905-06. CONDITIONS. (A) The Floodplain Administrator may at the time of issuance of the Floodplain

Management Permit impose such conditions as are necessary to ensure compliance with this title, other County ordinances, or state or federal laws, including the dedication of easements or construction of improvements pursuant to Section 905-07. Such conditions shall be reasonably related to the public needs created by the development. Conditions to mitigate environmental impacts of the activity may also be imposed by the Floodplain Administrator.

(B) The Floodplain Administrator may also require that the owner of the property, the permit applicant, or both, enter into a written agreement with the County holding the County of Sacramento and the Sacramento County Water Agency free from liability for any harm that may occur to any real or personal property or person by flooding.

(C) Any condition imposed shall be embodied, together with the reasons therefore, in the Floodplain Management Permit.

905-07. DEDICATIONS AND IMPROVEMENTS.

(A) The Floodplain Administrator may impose, as a condition for the granting of a permit, the requirement of dedication or irrevocable offer of dedication of real property within the property for which the approval is sought, for drainage, floodplain or floodway easements. Such dedication requirement must be reasonably related to the public needs arising as a result of the development.

(B) The Floodplain Administrator may impose, as a condition for the granting of a permit, the requirement for the construction of drainage and flood control facilities. Such construction requirement must be reasonably related to the public needs arising as a result of the development.

(C) Where the Floodplain Administrator has imposed a condition requiring the permittee to construct or install offsite improvements on land in which neither the permittee nor the County has sufficient title or interest, including an easement or license, at the time the permit application is filed with the County, to allow the improvements to be made, the permittee shall make a good faith effort to acquire by negotiation an interest in land which will allow the improvements to be made. If the permittee is unable to acquire such an interest in land, the permittee shall so notify the Floodplain Administrator, providing sufficient evidence of having made a good faith effort. The County shall have 120 days from receipt of such notice and sufficient evidence to acquire by negotiation or commence proceedings pursuant to Title 7 of Part 3 of the Code of Civil Procedure to acquire an interest in land which will permit the improvements to be made. If the County fails to meet this 120-day time limitation, the condition for construction of offsite improvements shall be conclusively deemed waived. The County may require the permittee to enter into an agreement to complete the improvements at such time as the County acquires an interest in the land which will allow the improvements to be made. Nothing in this section precludes the County from requiring the permittee to pay the cost of acquiring offsite real property interests required for such improvements.

905-08. MAPPING REQUIREMENTS.

(A) In Special Flood Hazard Areas, the Floodplain Administrator shall require a letter of conditional approval (Conditional Letter of Map Revision, CLOMR) be obtained from FEMA for any development that will cause measurable impact (see 906-06H) on the base flood elevation on upstream or adjacent properties within a special flood hazard area. The CLOMR must be received by the Floodplain Administrator prior to any grading or development within the floodplain, and the Letter of Map Revision must be approved by FEMA before start of construction.

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(B) All new development within Zones AE or AH that will alter or relocate a floodway, or is dependent upon construction of a levee, shall obtain conditional approval (or a "CLOMR") from the Federal Emergency Management Agency prior to issuance of a Floodplain Management Permit.

(C) All new development within Zone A which creates more than 50 lots or involves more than 5 acres of land, shall provide a base flood elevation data to the Floodplain Administrator.

(D) 905-09. TERM. A Floodplain Management Permit shall be effective on the date of issuance, and shall remain in force for one year, unless suspended or revoked by the Floodplain Administrator, or voluntarily relinquished by the permittee. Before the expiration of a permit, a permittee may apply for an extension of time in which to complete the development. One extension of not more than one year may be granted by the Floodplain Administrator. 905-10. TRANSFERABILITY. A Floodplain Management Permit shall not be transferred or assigned from one person to another, unless approved by the Floodplain Administrator and the person to whom the permit is to be transferred agrees to comply with the requirements of the original permit and to any conditions imposed therein. 905-11. AMENDMENT OF PERMIT. Any proposed changes in the development authorized by the permit shall be submitted to the Floodplain Administrator for review. The permittee shall not undertake or allow development to occur which does not conform to the plans or conditions of the original permit, unless approved by the Floodplain Administrator. The Floodplain Administrator shall review any proposed changes in the same manner and pursuant to the same standards as the original application. 905-12. INSPECTION. The Floodplain Administrator may inspect property for which a Floodplain Management Permit has been applied to determine applicability or compliance with this title. The Floodplain Administrator may also inspect any and all property for which a permit has been issued and on which development is occurring. 905-13. GROUNDS FOR SUSPENSION AND REVOCATION. Any Floodplain Management Permit issued pursuant to this title may be suspended during its term upon one or more of the following grounds:

(A) The physical state of the property differs from the descriptions, plans or information furnished to the Floodplain Administrator in the permit application;

(B) The development does not conform to the conditions or terms of the permit; (C) The development is in violation of this title, other County ordinances, or state or

federal laws.

905-14. METHOD OF SUSPENSION OR REVOCATION. (A) The Floodplain Administrator may suspend or revoke a Floodplain Management

Permit by issuing a notice of suspension or revocation, stating the reasons therefore, and serving same, upon the permittee. Upon suspension or revocation of a permit, in accordance with the provisions of this section, the permittee shall immediately cause all development to cease until written authorization is received from the Floodplain Administrator to proceed with the development.

(B) The permittee shall have fifteen (15) calendar days after the date of service of the suspension or revocation in which to file an appeal in accordance with the provisions of Section 907-03. If such an appeal is filed, the suspension or revocation shall remain in force and be effective until a final decision on the appeal is issued by the Board of Supervisors.

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(C) If the Floodplain Administrator suspends a permit, such permit may either be reinstated or revoked by the Floodplain Administrator, depending upon whether the permittee corrects the grounds stated for the suspension in the notice issued by the Director. If the permittee fails to remedy the grounds for suspension within a time period specified by the Floodplain Administrator, but in no event later than sixty (60) calendar days, the Floodplain Administrator shall revoke the permit.

905-15. LEVEE MAINTENANCE.

(A) Levee maintenance which meets the following requirements shall not be considered development: (1) A Final Notification of the operating elevation of the levee has been issued by

the Floodplain Administrator and no appeal of such notification is pending; (2) The levee maintenance will not cause the elevation of the levee to be

increased at any location above the operating elevation set forth in the Final Notification.

(3) The person performing the maintenance provides the Floodplain Administrator with written notification of the levee maintenance if it involves placing fill on the levee crown 10 days prior to the commencement of such maintenance. Said notice shall include the location of the maintenance, the estimated date of commencement and completion, and a general description of the maintenance to be undertaken.

(B) Persons desiring to undertake maintenance of a levee in accordance with the provisions of this section shall request the Floodplain Administrator to issue a notification of the operating elevation for such levee, and shall provide the Floodplain Administrator with information establishing the operating elevation of such levee. The Floodplain Administrator, once satisfied as to the operating elevation of such levee, shall issue a Preliminary Notification to the requesting person in writing of the operating elevation which has been established for such levee. The requesting person shall have 10 days from receipt of such notification to request revisions to the established operating elevation of such levee and to provide supporting documentation for such request. Within 30 days thereafter, the Floodplain Administrator shall issue a Final Notification in writing of the operating elevation which has been established for the levee. The Final Notification, once issued, may be appealed to the Board of Supervisors pursuant to Section 907-03. The Floodplain Administrator shall not change, modify or reissue such Final Notification for any reason whatsoever, unless so directed by the Board of Supervisors.

CHAPTER 6

STANDARDS OF CONSTRUCTION 906-01. STANDARDS OF CONSTRUCTION. All new construction or substantial improvements within special flood hazard areas and local flood hazard areas shall comply with the standards set forth in this chapter. 906-02. RESIDENTIAL ELEVATION. New residential structures, or the entire structure being substantially improved/repaired, shall be constructed such that the lowest floor is at or above elevations as follows:

(A) In an AO Zone with numbered depth, elevate at least 1.5 feet above that depth given on the FIRM as measured from the highest adjacent grade. When no depth is provided on the FIRM, elevate to at least three feet above the highest adjacent grade. In either case, the Floodplain Administrator may justify and require a higher elevation.

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(B) In an A Zone where there is no base flood elevation or depth on the FIRM, elevate at least 1.5 feet above the elevation taken from topographic or historic high water data interpreted by the Floodplain Administrator.

(C) In A99 Zones, not located within the Natomas Area, new construction, and substantial improvements where the cost exceeds $50,000, elevated at least one (1) foot above the A99 flood elevation, unless the owner of the property upon which the building is located executes an agreement with the County, in a form acceptable to the County Counsel, whereby such persons: (1) Acknowledge and assume the risk that the newly constructed or substantially

improved building, and occupants thereof, may be subject to flood-related property damage and personal injury;

(2) Unconditionally waive any claim of liability on the part of the County of Sacramento or the Sacramento County Water Agency, their officers, agents or employees for flood-related property damage or personal injury premised on the issuance of a permit for the newly constructed or substantially. improved building;

(3) Agree, in connection with any transfer of an interest in the Property or the newly constructed or substantially improved building, including, but not limited to, leasehold interests, to notify the transferee of the flood danger and risk of damage to property and injury to person, and obtain on behalf of the County the transferee’s waiver of any claim for flood-related property damage or personal injury premised on the issuance of a permit for the newly constructed or substantially improved building; and

(4) Agree to indemnify the County of Sacramento and the Sacramento County Water Agency, their officers, agents and employees from and against all claims for any flood-related property damage or personal injury premised on the issuance of a permit for the newly constructed or substantially improved building.

(D) In all other A-Zones and in local flood hazard areas, at least 1.5 feet above the base flood elevation on the FIRM or engineering study. Building pads for slab-on-grade construction shall be at least one-foot above the base flood elevation.

906-03. NONRESIDENTIAL ELEVATION AND FLOODPROOFING. New nonresidential structures or the entire structure being substantially improved shall either be elevated to conform to Section 906-02 or together with attendant utility and sanitary facilities be dry flood-proofed as follows:

(A) Watertight below the elevation recommended under Section 906-02 so that the building walls are substantially impermeable to the passage of water;

(B) Have structural components capable of resisting hydrostatic and hydrodynamic loads including the effects of buoyancy; and

(C) Be certified by a registered professional engineer or architect that the standards of this section are satisfied. Such certification shall be provided to the Floodplain Administrator.

906-04. SPECIAL ELEVATION AND FLOOD-PROOFING. (A) Attached garages for residential buildings shall be constructed at least one foot

above the base flood elevation, except as provided in this section, and all building materials below the minimum floor elevation shall be flood resistant.

(B) Except as allowed in 906-04C, detached garages, barns, and storage buildings for residential property shall be constructed at or above the base flood elevation. Whenever such accessory buildings are not constructed with freeboard, per Section 906-02, the structure shall be fully vented and a non-conversion agreement shall be recorded limiting the use to vehicle parking and incidental storage and holding the County harmless, in a form deemed acceptable to

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County Counsel. (C) Applicable only in the Delta islands, the floodplain of Beach Stone Lake,

backwater floodplain on the east side of Natomas East Main Drain Canal, and areas protected by Reclamation District 800 levees of the Cosumnes River, where functionally dependent to the land use, barns and garages may be constructed at grade in accordance with FEMA Technical Bulletin ‘Wet Flood-proofing Requirements’ (TB 7-93, as amended), provided: (i) The building is constructed of flood resistant material, fully vented, open on at

least one side, and anchored to resist the potential flooding; (ii) All mechanical, plumbing and electrical equipment in the building, including

utilities and sanitary facilities, shall be one foot above the base flood elevation or flood-proofed below that elevation;

(iii) Compliance with these criteria are certified by a registered professional engineer or architect; and,

(iv) The property owner enters into a hold-harmless and non-conversion agreement with the County indicating the use of the building and assuring that all of the above requirements are met and will be maintained for the useful life of the building and that the building will not be converted to habitable, public, or commercial use.

(D) Non-enclosed parking areas for apartments shall be constructed no lower than 0.50 foot below the base flood elevation and commercial parking lots no more than 1.0 foot below the BFE with signs posting the flood hazard.

(E) Swimming pools in the Delta Area may be constructed at existing grade, and in the Beach Stone Lake floodplain at or above elevation 14.5 feet (where the base flood elevation is 16 feet on the 1998 FIRM). Swimming pools in all other flood zones and local flood hazard areas shall be constructed at least one foot above the base flood elevation, unless a hold harmless agreement is executed and recorded in a form acceptable to County Counsel [1].

(F) Heating, plumbing fixtures, air conditioning equipment, furnaces, ductwork, electrical panels, outlets, switches and fixtures shall be at or above the base flood elevation or otherwise protected to the base flood elevation.

(G) Addition of enclosed area attached to an existing residential structure, but not substantial improvement, shall be elevated per Section 906-02 unless determined by the floodplain administrator to be functionally dependent in which adding steps would be impractical (e.g. expand a dining room).

(H) An exception to 906-02 is that a post-FIRM structure that was permitted above the base flood elevation at the time and to a freeboard elevation pursuant to the code at the time, may be substantially improved/repaired to the floor elevation of the existing structure.

Footnote 1. Sacramento County Water Agency and Board, resolutions WA 2568 and 2004-1328 dated October 26, 2004 gave the Director of the Department of Water Resources signature authority on pool hold harmless agreements.

906-05. SPECIAL CONSTRUCTION STANDARDS. Construction in the floodplain shall adhere to the following:

(A) Anchoring. All new construction, manufactured homes and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the building resulting from hydrodynamic and hydrostatic loads including the effects of buoyancy. All manufactured homes shall also meet the standards of Section 906-07.

(B) Construction materials and methods. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage and using methods and practices that minimize flood damage.

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Electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during flooding.

(C) Compacted Fill. If a site is filled above the base flood elevation, then buildings constructed within flood hazard areas must be constructed on compacted fill in accordance with the Construction Specifications or at least 90% density per ASTM-D1557 (known as Modified Proctor), and extending at least five feet beyond the building foundation walls before dropping below the base flood elevation and shall include appropriate protection from erosion and scour. The design of the fill must be approved by a registered professional engineer.

(D) Drainage Paths - Zones AO and AH. Within zones AO and AH, drainage paths around buildings on slopes are required to guide floodwater around and away from proposed buildings.

(E) Foundations. Foundations and walls constructed below the base flood elevation shall be vented to equalize hydrostatic pressures. Vent openings shall be permanent openings in the walls that allow for the free passage of water automatically in both directions without human intervention. Such venting shall be on at least two sides of the structure, or enclosure, have a bottom at no more than one-foot above the ground elevation. The total area of such venting shall be at least one square inch per square foot of enclosed footprint. Openings may be equipped with screens, louvers, or automated float control in accordance with FEMA Technical Bulletin 1-93. Foundations and walls below the base flood elevation shall be constructed of flood resistant materials in accordance with FEMA Technical Bulletins 2-93. Alternatively, the project proponent may submit a design that will allow for automatic equalization of hydrostatic flood forces on exterior walls, signed and stamped by a registered civil engineer and approved by the Floodplain Administrator. A window, a door, or a garage door is not considered a vent opening. If there are multiple enclosed areas within the foundation, each area must be vented as herewith described.

(F) Non-Conversion. To put current and future tenants and owners on notice that the area below the base flood elevation may not be architecturally finished and converted to living space and that the space may only be used as incidental material storage, building access and vehicle parking, and a non-conversion agreement shall be required whenever there is a height of more than five feet. The non-conversion agreement shall be in a form acceptable to the Floodplain Administrator and County Counsel. The Floodplain Administrator shall have the right to inspect for conversion with 72-hour notice. By this Title, the Director of the Department of Water Resources shall have authority to execute the non-conversion agreements on behalf of the County and Sacramento County Water Agency.

(G) Basements. No basements are allowed where deep prolonged flooding may occur (e.g. Sacramento River, Delta, Beach Stone Lake, and Natomas). However, basements may be constructed with a floor elevation below the base flood elevation (BFE) in the following situation:

(1) In areas where flooding due to the base flood is less than 24 hour duration;

(2) There is a minimum of 30 feet of horizontal separation between the foundation wall and the base flood water surface and the distance is increased by 3 feet per foot of depth below the BFE (example: 4 feet below BFE requires minimum 42 feet of separation);

(3) A report [2] prepared by a registered civil engineer or geotechnical engineer accompanies the design, for basements deeper than 5 feet

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below the BFE, indicating that the design is adequate to prohibit seepage; (4) The soil separating the base flood water from the structure provides at

least 1.0 foot of freeboard for a minimum width of 15 feet; (5) The soil has low permeability in its existing condition or is re-compacted to

a depth adequate to minimize seepage; and (6) The lowest opening shall have at least 1.5 feet of freeboard above the

BFE. (7) Or, an alternate solution may be designed, certified by a professional civil

engineer and submitted for review and approval by the Floodplain Administrator.

Footnote 2 - See FEMA Technical Bulletin 10-01 for more details regarding basements.

906-06. STANDARDS FOR NEW DEVELOPMENT. All development plans and grading plans shall:

(A) Identify flood hazard areas and the elevation of the base flood and assure that proposed building pads will be at least one foot above the base flood elevation.

(B) Provide the elevation of proposed buildings and pads. If the site is filled above the base flood elevation, in a special flood hazard area, the constructed pad elevations shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator for review and submittal to FEMA for map revision.

(C) Be designed in accordance with this Code and the County Improvement Standards to minimize flood damage.

(D) Have public utilities and facilities located and constructed to minimize flood damage.

(E) Provide a drainage system report in accordance with the County Improvement Standards with a narrative describing the existing and proposed stormwater management system, including all discharge points, collection, conveyance and stormwater storage facilities.

(F) Provide a drainage system map including, but not limited to, sub-watershed boundaries and the property’s location within the larger watershed, pre-development and post- development terrain at 1-foot contour intervals and the location of all existing and proposed drainage features. Include a plan of the parcel showing applicable proposed revisions to pre-development and post-development surface drainage flows.

(G) Before any proposed filling of a floodplain is permitted, and a detailed hydraulic

model is not available, the volume which will be occupied by the permitted fill below the base flood elevation shall be compensated for and balanced by a hydraulically equivalent volume of excavation taken from below the base flood elevation. (This is not applicable as a general rule on land within the island side of levees in the Delta, Beach Stone Lake, and the Cosumnes River floodplain, however caution shall be taken to assure no adverse impact to immediate neighbors.)

(H) In floodplains of natural streams and natural stream tributaries, and other

streams subject to review and approval by the Floodplain Administrator, grading

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may not be allowed that raises the base flood water surface elevation by more than 0.10 foot, as measured at the property lines of the parcel(s) being developed, unless a conditional letter of map revision is approved by FEMA (see 905-08). Small exceptions may be allowed when the Floodplain Administrator agrees that it is clearly of no concern.

(I) Stormwater calculations by a professional civil engineer shall be submitted to the Floodplain Administrator, including but not limited to, detention basin sizing, storm drain pipe sizing and overland flow path design.

(J) The majority of stormwater management features are maintained in a routine manner funded by the Storm Water Utility; however, on occasion an operation and maintenance procedure for peculiar features will require a supplemental funding agreement.

(K) Any proposed residential, including manufactured home parks, of more than 4 lots, within an unnumbered Zone A floodplain and in other locations when required by the Floodplain Administrator shall determine a base flood elevation. When there are 20 or more lots, or when required by the Floodplain Administrator, the floodplain elevation determination shall be submitted to FEMA as a Letter of Map Revision.

(L) Any non-residential project of 5 acres or larger within an unnumbered Zone A floodplain, and in other locations when required by the Floodplain Administrator, shall determine a base flood elevation. When required by the Floodplain Administrator, the floodplain elevation determination shall be submitted to FEMA as a letter of Map Revision.

(M)For any proposed agricultural subdivision, more than 4 lots of AR 10 or larger, where there is no mapped floodplain, the base flood elevation shall be determined, to the satisfaction of the Floodplain Administrator.

(N) The applicant has supplied proof of having obtained all other required state and federal permits;

(O) The proposed development does not adversely affect areas where base flood elevations have been determined but a floodway has been designated. For purposes of this title, “adversely affects” means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more then one foot at any point.

906-07. STANDARDS FOR MANUFACTURED HOMES. (A) All manufactured homes that are placed on foundation, or substantially improved,

at sites located outside of a manufactured/mobile home park within special flood hazard areas or local flood hazard areas shall be constructed per Section 906-02.

(B) Anchoring shall be in accordance with Section 906-05A. (C) All new manufactured/mobile home parks or subdivisions or expansion of

existing parks or subdivisions shall be constructed such that the building pads are at least one foot above the base flood elevation.

(D) All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within a special flood hazard area or local flood hazard area, except as otherwise provided in this section or by other standards required by the State regulators of manufactured home parks, shall be elevated so that either the lowest floor of the manufactured home is at

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least 1.5 foot above the base flood elevation, or the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in elevation above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

906-08. STANDARDS FOR RECREATIONAL VEHICLES. All new recreational vehicle parks or additions to parks in a flood hazard area shall clearly post the hazard and methods of flood warning. All recreational vehicles placed on sites within special flood hazard areas or local flood hazard areas shall:

(A) Be on wheels, mobile, fully licensed, attached to the site only by quick disconnect type utilities and security devices; and

(B) Have no attached additions on adjoining foundation.

906-09. FLOODWAYS. (A) New construction substantial improvements, and other development within a

floodway is prohibited unless certification by a registered professional engineer is provided which demonstrates to the satisfaction of the Floodplain Administrator that such development will not result in any increase in the base flood elevation.

(B) All new construction, substantial improvements, and other development within floodways which satisfies the requirements of this section shall also comply with all other applicable provisions of this title.

(C) All new construction, substantial improvements, and other development within floodways which will cause increases in the base flood elevation shall only be permitted if the County has applied to the Federal Emergency Management Agency for modification of the flood insurance rate maps and has received conditional approval of such modifications, and. all other applicable provisions of this title are satisfied.

906-10. CERTIFICATION REQUIREMENTS. When development occurs on property that has been identified by the Floodplain Administrator as being located in a special flood hazard area, the following shall be certified by a registered civil engineer or licensed land surveyor and provided to the Floodplain Administrator:

(A) Elevation of the lowest floor of all detached buildings (B) Elevation of the lowest adjacent grade (C) Elevation of the highest adjacent grade (D) Elevation to which a structure has been flood-proofed (if applicable (E) Elevation of swimming pools, utilities, and any other structures, as requested by

the Floodplain Administrator (F) Venting per 906-05(E) (G) All known sources of 100-year flooding and which of those is used for

certification 906-11. DEVELOPMENT IN THE FLOODPLAIN. Unless otherwise approved by the governing elected body, the following shall apply: (A) When land is divided, there must be minimum buildable area for each created lot

above the base flood elevation, as follows: RD-5 to RD-7 5200. square feet RD-3 to RD-4 7500. square feet

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RD-2 0.25 acre AR-1 and RD-1 0.25 acre AR-5 and larger 0.25 acre

(B) Access crossing the floodplain must be above the 10-year flood and no more than 1-

foot deep in the 100-year flood. (C) Commercial and industrial development may not allow parking more than 1-foot

below the base flood elevation. (D) Fencing on ground that is below the base flood elevation shall be constructed as

follows: (1) In the floodplain fringe and parallel to the flow shall be open style (2) Nonparallel fencing in the floodway shall allow free flow of water such as 3-

wire or 3-board rail type. (E) Fee title or easement over floodway areas shall be dedicated to the County. (F) The Delta, Point Pleasant, river side of the levees on the Sacramento River, the

floodway east of Natomas East Main Drain are exempt from the above.

CHAPTER 7

ADMINISTRATION 907-01. VARIANCES.

(A) Except as provided in Section 907-02, a variance may be granted by the Board of Supervisors if it finds that: (1) Failure to grant the variance will result in exceptional hardship to the

applicant, because of the exceptional, unusual, and peculiar physical characteristics of the property. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristics must pertain to the land itself, not to the structure, its inhabitants, or the property owners. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended;

(2) There are no viable alternatives to the granting of the variance and, the variance is the minimum necessary to afford relief; and

(3) The granting of a variance will not result in increased flood heights, threaten the safety or health of the community, neighborhood, or any considerable number of persons, or result in extraordinary public expense, or conflict with existing local laws or ordinances.

(B) In passing upon requests for variances, the Board of Supervisors shall consider all technical evaluations, all relevant factors, standards specified in other sections of this title, and the following factors: (1) Danger to persons and property by materials swept onto other lands; (2) Danger to persons and property from flooding; (3) Susceptibility of the structure and its contents to flood damage; (4) Public importance of services to be provided by the structure; (5) Necessity to the structure of a waterfront location; (6) Availability of alternate locations not subject to flooding; (7) Compatibility of the use with existing and anticipated development;

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(8) Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

(9) Vehicle access to the property in time of flood; (10) Expected heights, velocity, duration, rate of rise, and sediment transport of

the flood waters expected at the site; and (11) Costs of providing governmental services during and after flood

conditions, including maintenance and repair of public utilities and facilities. (C) The Board of Supervisors may attach such conditions to the granting of

variances as it deems necessary to further the purposes of this title. (D) Any applicant to whom a variance is proposed to be granted shall be given

written notice by the Floodplain Administrator that the issuance of a variance to construct a structure below the base flood level may result in a significant increased cost of flood insurance premium rates, and such construction below the base flood level increases risks to life and property. If the variance is granted, such notice shall be in a form acceptable to County Counsel and the Board of Supervisors. It shall be executed and recorded on the property.

(E) The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency.

907-02. SPECIAL VARIANCE STANDARDS.

(A) Variances may be issued for the repair or rehabilitation of historic buildings upon a determination that the repair or rehabilitation will not preclude the building's continued designation as an historic building and the variance is the minimum necessary to preserve the historic character and design of the building.

(B) Variances may be issued for new construction, substantial improvements, and other development necessary for the conduct of a functionally dependent use provided that the provisions of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety.

(C) Variances shall not be issued within any floodway if any increase in the base flood elevation would result.

907-03. APPEALS. If the applicant for a Floodplain Management Permit, the permittee, or other persons whose property rights may be affected, is dissatisfied with any determination made by the Floodplain Administrator, such person may appeal to the Board of Supervisors. Any such appeal shall be in writing, shall state the specific reasons therefore and grounds asserted for relief, and shall be filed with the Clerk of the Board of Supervisors. If it is deemed that the proposed variance may negatively affect the County’s standing in the National Flood Insurance Program, adequate public notice and public hearing shall be required before the Board of Supervisors may act on the proposal. 907-04. ADMINISTRATION FEES. The Board of Supervisors shall by resolution adopt and, from time to time, amend a schedule of fees for administrative functions authorized or required by this title, including but not limited to, the filing and processing of appeals, the filing and processing of variance requests, the preparation and processing of agreements, and the review and certification of those elevations set forth in Section 906-10. Such fees shall be for the sole purpose of defraying costs incurred for such administrative functions. Fees shall be paid at the time of and with the filing of an appeal, a request for a variance or a request for any other administrative function. No appeal or variance shall be deemed valid unless the prescribed fee has been paid.

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907-05. HEARINGS. Not later than the next regularly scheduled meeting following thirty (30) calendar days after the date of filing an appeal within the time and in the manner prescribed by Section 907-03, the Board of Supervisors shall conduct a hearing for the purpose of determining whether the appeal should be granted. The Board of Supervisors shall conduct a hearing on variance requests within ninety (90) calendar days after the date of filing such a request. Written notice of the time, date and place of the hearing shall be served upon the Floodplain Administrator, the applicant or permittee, and the appellant not later than ten days preceding the date of the hearing. 907-06. ACTIONS ON APPEALS OR VARIANCES.

(A) The Board of Supervisors shall review the entire proceeding or proceedings relating to the act or decision being appealed, de novo, and may make any order it deems just and equitable, including the granting of a Floodplain Management Permit. Any hearing may be continued from time to time.

(B) At the conclusion of the hearing, the Board of. Supervisors shall prepare a written decision which either grants or denies the appeal or variance request, and contains findings of fact and conclusions. The written decision, including a copy thereof,, shall be filed with the Clerk of the Board of Supervisors. The Clark shall serve such decision on the applicant or permittee, the appellant, and the Floodplain Administrator. The decision of the Board of Supervisors shall become final upon the date of filing and service with respect to any appeal or variance request.

907-07. NOTICES.

(A) Any notice authorized or required by this title shall be deemed to have been filed, served and effective for all purposes on the date when it is personally delivered in writing to the party to whom it is directed or deposited in the United States mail,, first class postage prepaid, and addressed to the party to whom it is directed.

(B) Whenever a provision in this title requires a public hearing to be conducted, notice of the time, date, place and purpose of the hearing shall be published at least once not later than ten (10) calendar days in advance of the date of commencement of the hearing in a newspaper of general circulation which is published within the County. The same type of notice shall also be served on each permittee whose permit may be affected by the action taken at the conclusion of the hearing.

907-08. VIOLATIONS.

(A) Except as otherwise specifically provided, pursuant to the provisions of Government Code Section 25132, violation of any of the provisions contained in this title shall constitute an infraction subject to a fine of one hundred dollars for each day or any portion thereof a violation continues.

(B) Violation of any of the provisions of this title following notice to the permittee by the Floodplain Administrator advising of the violation and ordering a cessation thereof, shall constitute a misdemeanor.

(C) Violation of any of the provisions of this title may be remedied by injunction or other civil proceeding commenced in the name of the County pursuant to direction by the Board of Supervisors.

(D) It shall be a violation of this ordinance to fail to obtain a Floodplain Management Permit when required hereby to do so.

24

907-09. LAWS NOT ENFORCED. There are many ordinances and other laws applicable to activities permitted under this title which are not sought to be enforced under this permitting process. Such laws include, but are not limited to, building, land grading and erosion control, and land development measures. The issuance of a Floodplain Management Permit shall not be deemed to constitute a representation that the development so permitted or the property upon which such development is occurring complies with such other ordinances or other laws. Nor shall the existence of such an unrevoked permit be deemed to preclude any criminal or civil remedy for violation of such other ordinances or laws. The possession of a Floodplain Management Permit shall not be deemed to relieve the holder of the requirement to apply for or obtain any other license or permit required by ordinance or statute. [Exhibit “1” - Areas served by the Sacramento River and Delta levees south of Freeport - attach map.] [Exhibit “2” - Levee Risk Disclosure Declaration – attach form ]

-------------

GLANVILLE TRACT

TWITCHELL ISLAND

BRANNAN ISLAND

MCCORMACK WILLIAMSON TRACT

GRAND ISLAND

LOWER ANDRUS ISLAND

SHERMAN ISLAND

SUTTER ISLAND

LIBBY MCNEIL

ANDRUS ISLAND

PIERSON DISTRICT

UPPER ANDRUS ISLAND

TYLER ISLAND

744

RANDALL ISLAND

Locke

Hood

Isleton

7

7

7

7

7

7

715

15

17

15

17

16

18

19

17

LegendArea of proposed FEMA FloodzoneArea of existing FEMA Floodzone

19

23

23

Estimated Base Flood Elevation

Walnut Grove

FEMA Decertification AreaNorth Delta

Sacramento County1 inch = 2.25 miles0 1 2 30.5 Miles

Date: 4/24/09

Provisionally Accredited Levee Area

746

17

17

RD

RDHood

RD 755 RD 813

RD 1002RD 551

RD 349

RD 3

RD 369

RD 2110

RD 554

RD 556

RD 563

RD 407

RD 2067

RD 317

RD 1601

RD 341

Dead Horse IslandRD 2111

( with estimate base flood elevation)

( with current base flood elevation)

EHRHARDT CLUB

Courtland

Rec. District Name3 GRAND ISLAND317 LOWER ANDRUS ISLAND341 SHERMAN ISLAND349 SUTTER ISLAND369 LIBBY MCNEIL407 ANDRUS ISLAND551 PIERSON DISTRICT554 WALNUT GROVE556 UPPER ANDRUS ISLAND563 TYLER ISLAND744 SOUTH OF FREEPORT746 HOOD755 RANDALL ISLAND813 EHRHARDT CLUB1002 GLANVILLE TRACT1601 TWITCHELL ISLAND2067 BRANNAN ISLAND2110 MCCORMACK WILLIAMSON TRACT2111 DEADHORSE ISLAND

( )

RECORDING REQUESTED BY

County of Sacramento

No Fee per Gov. Code Sec. 6103

After recording, return to:

Mail code 01-301

Department of Water Resources

County of Sacramento, CA 95814

Attn: John Houston

DECLARATION OF LEVEE RISK DISCLOSURE

ASSUMPTION OF RISK AND HOLD HARMLESS COVENANT

RUNNING WITH THE LAND

This Declaration of Levee Risk Disclosure, Assumption of Risk and Hold Harmless Covenant

(“Declaration”) is made as of __________________, 20____ by ________________________________

(hereinafter referred to as “Declarant”).

R E C I T A L S

WHEREAS, Declarant is the owner of and desires to construct a new structure or substantially

improve an existing structure (“New Construction”) on that certain property more particularly described

in Exhibit “A” attached hereto and incorporated herein (the “Property”); and

WHEREAS, Declarant expressly acknowledges that the New Construction may be subject to

flooding hazards due to its location in a levee protected area; and

WHEREAS, Declarant understands that while the levees protecting the subject Property are

certified by the Federal Emergency Management Agency (FEMA) as providing 100-year protection to

the subject property, those levees are proposed to be de-certified by FEMA subject to pending review;

and

WHEREAS, deaccreditation of the levees by FEMA would mean that those levees are no longer

recognized to provide flood protection to the minimum standards recommended set by FEMA; and

WHEREAS, such action by FEMA to deaccredit those levees would place the subject Property in

a FEMA Special Flood Hazard Area (SFHA) that identifies the area as being within the 100-year

floodplain; and

WHEREAS, On March 18, 2009, FEMA issued a letter deaccrediting certain levees within the County

and therein set forth a time schedule for approving a new Flood Insurance Rate Map for the area.

WHEREAS, the County Board of Supervisors has expressly defined “best available information,” as used

in Chapter 903 of the Sacramento County Floodplain Management Ordinance in those areas served by the

Exhibit 2

LEVEE RISK DISCLOSURE AGREEMENT, APN: ________________

2

Sacramento River and Delta levees south of Freeport, as the Flood Insurance Rate Map (FIRM) upon the effective

date of any proposed Map revision.

WHEREAS should FEMA map the property in a Special Flood Hazard Area the property will be

subject to FEMA flood insurance requirements; and

WHEREAS, while flood insurance is currently not required on the property, the County of

Sacramento (“County”) strongly recommends that the Declarant obtain flood insurance for the subject

New Construction and has informed Declarant that said flood insurance may be significantly less

expensive should it be purchased prior to decertification of the levees; and

WHEREAS, the County has recommended that the New Construction be constructed in such a

way, including elevation and flood resistance, so as to withstand the forces of a levee breach flood event.

WHEREAS, the Declarant understands and acknowledges the above information and

recommendations made by the County regarding risk, safety, construction, flood insurance costs and

requirements; and

WHEREAS, Declarant acknowledges the likelihood that Declarant’s Property will be placed

within an area of special flood hazard for the causes herein stated or other reasons. Declarant

nevertheless desires to proceed with the New Construction on the Property, and further acknowledges

that were Declarant’s Property to be placed within an area of special flood hazard or local flood hazard,

that then, Declarant would be required to first obtain a Floodplain Management Permit and at a

minimum to elevate new construction on a flood resistant foundation such that the lowest finished floor

thereof is at least 18 inches above the base flood elevation in light of a potential levee failure.

WHEREAS, despite the potential for flood damage or casualty, Declarant intends to construct

the New Construction such that it will not be at least 1.5 feet above the estimated levee failure flood

hazard; and

WHEREAS, the County has provided notice of potential risks, which information is attached

hereto as Exhibit “B” to this Agreement; and

WHEREAS, pursuant to Resolution No. 2007-0946 approved by the Sacramento County Board

of Supervisors on July 24, 2007, the Director of the Department of Water Resources is authorized to

execute Levee Risk Disclosure Agreements on behalf of the County in a form approved by County

Counsel.

WHEREAS, Declarant has been informed by the County that the County is willing to issue a

building permit for the New Construction conditioned upon, among other conditions, that Declarant first

covenant to hold the County and the Sacramento County Water Agency, their governing bodies, officers,

employees and agents free from liability for any harm that may occur to any real or personal property or

person by flooding, which covenant shall be recorded, bind successors in any interest to the Property and

run with the land. The Declaration shall bind all owners, occupants, visitors and tenants in perpetuity.

LEVEE RISK DISCLOSURE AGREEMENT, APN: ________________

3

NOW, THEREFORE, Declarant hereby declares that the real property described in Exhibit A

shall be held, conveyed, mortgaged, encumbered, leased, rented, used, occupied, sold and improved,

subject to the following declarations, limitations, covenants, conditions, restrictions which are inteneded

to bind successors to the Property, and to run with the land:

1. The foregoing recitals are true. Declarant understands that the County’s granting of a building

permit for the New Construction on the Property is conditioned upon recording this Declaration.

Declarant, on behalf of all of the record owners of the Property, represents that the foregoing

recitals are true in their entirety and that Declarant has carefully reviewed and fully understands

the provisions hereof and consents thereto.

2. Flood-Related Property Damage. For purposes of this Declaration, the term “flood-related

property damage” shall mean any property damage due to flooding.

3. Assumption of Risk. Declarant represents and warrants that Declarant is fully aware of the risks

involved and of the hazards connected with performing, constructing, occupying and allowing

the occupation by other of the New Construction on the Property, including but not limited to

flood related property damage, temporary or permanent loss of function of the New Construction

(such as access, well, septic, and utility services), and personal injury, including death.

Nevertheless, and to the maximum extend allowed by law, Declarant hereby elects to voluntarily

assume such risk and proceed with the New Construction with full knowledge that this may be

hazardous to Declarant, invitees, occupants, succerssors, and the subject Property. To the

maximum extent it is lawful to do so, Declarant voluntarily assumes full responsibility for any

risk of loss, property damage, or personal injury, including death, which may be sustained by

Declarant, occupants, successors, invitees and the Property, or any loss or damage to property

owned by Declarant ,occupants, successors, invitees and the Property, as a result of proceeding

with the New Construction.

4. Waiver of Property Damage Claims. To the maximum extent permitted by law, Declarant

knowingly and unconditionally waives any flood-related property damage claim against the

County, the Sacramento County Water Agency, the governing boards of either, their directors,

officers, agents or employees in any way arising from the issuance of a permit for the New

Construction. Declarant also expressly waives the provisions of California Civil Code section

1542 which states as follows: “A general release does not extend to claims which the creditor

does not know or suspect to exist in his or her favor at the time of executing the release, which if

known by him or her must have materially affected his or her settlement with the debtor.”

5. Notice. In the event Declarant sells the New Construction or Property, or grants a tenancy

interest in the New Construction or Property, Declarant expressly covenants and agrees to

include a copy of this Declaration and the following provisions in the purchase or lease

agreement:

i. Transferee expressly acknowledges and assumes the risk that the New

Construction may be subject to flooding due to its location in an area protected by

levees.

LEVEE RISK DISCLOSURE AGREEMENT, APN: ________________

4

ii. Transferee expressly acknowledges and agrees to be bound by the

provisions stated in that certain DECLARATION OF LEVEE RISK DISCLOSURE ASSUMPTION OF RISK AND HOLD HARMLESS COVENANT RUNNING WITH THE

LAND or record concerning the Property.

iii. Transferee unconditionally waives any flood-related property damage

claim asserting liability on the part of the County of Sacramento or its officers,

agents or employees premised on the issuance of a permit for the New Construction,

whether or not the issuance of this permit is due to the negligence of the County, the

Board of Supervisors, or its officers, agents or employees.

6. Indemnification Declarant shall indemnify, defend, and hold harmless the County, the Sacramento County Water

Agency, their governing bodies, officers, directors, agents, employees and volunteers from and

against any and all claims, demands, actions, losses, liabilities, damages, and costs, including

reasonable attorneys’ fees, and costs on any appeal, arising out of or resulting from flood related

property damage to the New Construction on the Property, and associated personal injury,

including death. Declarant intends that the County and the Sacramento County Water Agency,

their governing bodies, officers, directors, agents, employees and volunteers be indemnified to

the fullest extend permitted by law, and specifically that any negligence on the part of the County

or the Sacramento County Water Agency shall not bar indemnity, unless such negligence is

found to have been the sole cause of the damage.

The term “claims” as used in this paragraph includes all direct or class actions or subrogation or

inverse condemnation lawsuits brought by any person, entity or governmental agency in

connection with the County’s issuance of a building permit for the New Construction.

7. Severability. If any provision of this Declaration is held by a court of competent jurisdiction to

be void or unenforceable, the remaining provisions shall not be affected and shall remain in full

force and effect.

8. Attorney’s Fees. Declarant agrees that if any legal action is brought to enforce the provisions of

this Declaration, the prevailing party shall be entitled to recover reasonable attorneys’ fees and

costs from the nonprevailing party and on appeal.

9. Succession. This Declaration shall be recorded and shown as a covenant on the subject Property

and the obligations contained herein shall run with the life of the New Construction and shall

bind their respective heirs, assignees and successors in interest.

10. Termination. All of the obligations set forth in this Declaration shall terminate upon the future

written agreement between Declarant and the County if if FEMA publishes such a determination

on the Flood Insurance Rate Map that the location in which the New Construction is located has

LEVEE RISK DISCLOSURE AGREEMENT, APN: ________________

5

attained a level of flood protection that removes the subject Property from the Special Flood

Hazard Area.

IN WITNESS, WHEREOF, this Declaration is deemed effective the day and date first above-written.

“DECLARANT”

__________________________

address

__________________________

address

County Counsel

Approved as to form:

[to be notarized and recorded]

LEVEE RISK DISCLOSURE AGREEMENT, APN: ________________

6

EXHIBIT A

LEGAL DESCRIPTION OF SUBJECT PROPERTY

Applicant:

Site Address

The New Construction consists of

Permit Number

The site is generally located at Longitude , Latitude

The following described property in the Unincorporated town of ___, County of Sacramento,

State of California:

[insert legal description for all real property subject to this Declaration]

LEVEE RISK DISCLOSURE AGREEMENT, APN: ________________

7

EXHIBIT “ B”

NOTICE TO BUILDING PERMIT APPLICANTS

REGARDING THE RISK OF FLOODING

Applicant:

Site Address

The New Construction consists of _______

Permit Number

DATE

The proposed New Construction lies in Zone Shaded X, indicating protection from the 100 year flood on

FEMA Flood Insurance Rate Map Panel 060262- , dated ___.

The subject parcel is protected from flooding by levees, maintained and operated by reclamation

districts. Those districts do not have adequate resources to maintain the levees and to assure

certification of flood protection standards under the Code of Federal Regulation 44CFR65.10.

FEMA has informed the County, in a letter dated March 18, 2009, that the subject area will soon be

mapped in a Special Flood Hazard Area.

The County considers the site to be prone to potential catastrophic flooding, and recommends elevating

the proposed new residential structure on compacted fill and/or sturdy flood resistant foundation.

Levee failure can be due to seepage, subsidence, overtopping, erosion, piping, tree and vegetation

intrusion, vermin, and earthquakes.

Recommended methods of defense against damage due to flooding:

§ Construct building pad embankment/foundation above the potential flood hazard.

§ Construct a sturdy foundation designed to equalize hydrostatic pressures and constructed

of water resistant materials supporting a floor that is safely above the flood hazard is the

best defense against damage due to such a flood event.

§ Have an emergency action plan in place that includes an evacuation plan and provisions

for food, water and other essential materials.

§ Purchase flood insurance for any structure that is potentially subject to flooding, whether

or not it is in a designated Special Flood Hazard Area.

LEVEE RISK DISCLOSURE AGREEMENT, APN: ________________

8

,I L/'--"'" r

COUNTY OF SACRAMENTO PUBLIC WORKS AGENCY - WARREN HARADA, ADMINISTRATOR

Department of Water Resources C~'1-

TO:

FROM:

Including service to the Cities of Citrus Heights and Elk Grove

Keith DeVore, Director

Board of Directors Sacramento County Water Agency

Department of Water Resources

March 5, 2002

APPROVED B..QARDOF'DIRECTOR,S .!l,J 1_1:' ~C2 '](0 • l.t.J R .. ,ClI-

ft. ~ 2':. 7 2002

By~tbf~~ SUBJECT: FEE UPDATED FOR SETTING AND CERTIFYING FLOOR

ELEVATIONS IN FLOOD HAZARD AREAS

CONTACT: George H. Booth, Senior Civil Engineer, 874-6484

Overview The County of Sacramento Department of Water Resources (SCDWR) currently charges a fee for setting and certifying floor elevations in flood hazard areas. The current fee was established October 22, 1991 with no provisions for future adjustment. Approval of this item would allow for the fee to be updated as shown in Exhibit A and would provide for future adjustments.

Recommendation That your Board approve the attached resolution adjusting the fee collected for the service of s.etting and certifying fl.Q9r elevatio~s in' flood hazard areas.

Fiscal Impact Funding for this service comes directly from the fee paid. If the fee is not adjusted, the service of setting and certifying floor elevations may be supplemented or eliminated.

BACKGROUND:

An elevation certificate is required for any new construction in a flood hazard area, pursuant to Sectinn 906 of-the Floodplain Management Ordinance. Existing home elevations are oftrn certified to justify reduced flood insurance rates. The property owner may hire any California licensed land surveyor or registered civil engineer. Sacramento County Department of Water Resources (SCDWR) staffwill also provide the surveying and elevation certificate.

'" Main Office: 827 in Street, Room 301, Sacramento, CA 95814 • Phone: (916) 874-6851 ; Fax: (916) 874·8693

~o,BF, :J'\ol ,~\.. ~

M\t.

Field Offices: Drainage Operations and Maintenance - 3847 Branch Center Road, Sacramento, CA 95827 • Phone: (916) 875·7159 Water Supply FaCilities Operations and Administration - 3847 Branch Center Road, Sacramento, CA 95827 • Phone: (916) 875-4913

L __ _

!

Board of Directors, Sacramento County Water Agency March 5,2002 Page 2 of2

The majority of certificates in this County are done by SCDWR staff, estimated at nearly two hundred per year.

The current fee for SCDWR staff setting and certifying floor elevations for structures in flood hazard areas was established by Resolution WA 1000 on October 22, 1991 with no mechanism for inflation increases. The fee for new construction and certifying existing homes is currently $395 and $235, respectively.

The proposed fees will be adjusted, by the attached resolution, to $453 for new construction and $270 for certification of existing homes. These fees will be adjusted annually at the ·rate of the fully loaded labor cost for employee classes listed on Exhibit A.

DISCUSSION:

By approving the attached Resolution, the Board will adjust the fee to more accurately reflect the cost of providing the surveying and certification work required by FEMA. It will also set into place a mechanism for making annual adjustments.

Respectfully submitted,

Keith De V ore, Director Department of Water Resources

Attachments.

APPROVED:

Terry Schutten County Executive

By: ------~--~------------Warren H. Harada, Administrator Public Works Agency

cc. Michael Peterson, George Booth, Bill Owens, John Houston - SCDWR

I'

Sacramento County Agenda and Record Processing Application Approval List

Approval List for Agenda Item 95522

Warren H Harada 02/26/2002 Approved

Page 1

r I, , I: " I' 'I II r rl u fi

i "

! II

~

I, II

I

I

I 1 Board of Directors, Sacramento County Water Agency

Adjustment of fee charged for floor elevation certification

EXHIBIT A

March 5, 2002

A cost analysis is summarized in this Exhibit A using the fiscal year 200112002 ful~y loaded Public Works Agency labor rates for the classes involved in the surveying and processing of elevation certificates.

New construction requires an initial site visit to determine the floodplain and minimum floor elevation requirements and to bring in a survey benchmark. A seco~d site visit is made during the framing process to determine that the home is being built at the proper elevation. A final site visit is made immediately prior to completion of the home to determine that air handling ducts and mechanical equipment are safe from flooding; and that the foundatipn is properly vented to reduce hydrostatic pressures. This certificate must be signed by a registered civil engineer.

For certification of existing buildings, only one site visit is required to determine the flood hazard elevation and survey the existing floor elevation. These certificates are typically attached to a letter of map revision request sent to the Federal Emergency Management Agency. This certificate must be signed by a registered civil engineer and FEMA coordination is done by a senior engineering technician. .

The following table is the cost of performing these elevation certifications, in fiscal year 2002/2003 dollars:

ELEV ATION CERTIFICATE COST

New Construction Rate Cost Principal Engineering Technician 6.00 hr $ 72.07 $ 432 Associate Civil Engineer 0.25 hr $ 83.65 $ 21

TOTAL $ 453

Certif}! Existing Buildings Principal Engineering Technician 3.00 hr $ 72.07 $ 216 Associate Civil Engineer 0.25 hr $ 83.65 $ 21 Senior Engineering Technician 0.50 hr $ 66.74 $ 33

TOTAL $ 270

The current rates were set on October 22, 1991 at $395 for new construction and $235 for certifying existing buildings. The above adjustments are an increase of 15% over the original amounts to $453 and $270, respectively. Future 'adjustments shall be made annually based on the increase in the fully loaded labor rates, rounded to the nearest dollar.

C:\DOCUME-1\ROMOFAYE\LOCALS-1 \TEMP\346-1.DOC

SACRAMENTO COUNTY WATER AGENCY

RESOLUTION NO. .~ WA-2465

REVISE FEE FOR CERTIFYING FLOORS IN FLOOD HAZARD AREAS

BE IT RESOLVED AND ORDERED by the Board of Directors of the SACRAMENTO

COUNTY WATER AGENCY, a district organized under the laws of the State of California, that

the fee for surveying and certifying home elevations in flood hazard areas shall be increased from

those authorized on October 22, 1991 by Resolution WA 1000, to reflect additional requirements of

the Federal Emergency Management Agency and current labor costs. The fees for certifying new

construction shall be $453.00 and the fee for certifying existing homes shall be $270.00 beginning

on May 1,2002. These fees shall be adjusted annually on or about each subsequent January 1 st by

the adjusted amount of the fully loaded hourly labor rates for that fiscal year.

ON A MOTION by Director _C=o.....,l'-'-l...:,.i.=n _____ , and seconded by Director

N i'e 110 , the foregoing resolution was passed and adopted by the Board of

Directors of the Sacramento County Water Agency, State of California, this 5th day of

Ma rc h I 2002 , ~~~x. by the following vote, to wit: In 8UQt'dance willi SecIIoa 25103 of tile Government Code of !be State of California a copy of the document bas beBII delivered to the Chainnall "!be BoanI of Supervisots. CouRlJ of Sacramento 01 MAR 0 5 200t

AYES: Directors,

NOES: Directors,

ABSENT: Directors',

ABSTAIN: Directors,

ATTEST:~~

Cg lItn, Nie 110, Notto li None

a, ¥(,*1; .... ~,.J DtckinsQn~ Johnson None-

Chairman of the Board of Directors of the Sacramento County Water Agency, a district organized under the laws of the State of California

FilE -D MAR 05 2002

Deputy Clerk of the Board of Supervisors ofSacr no County, California, and ex officio SecretafY of the Board of Directors of Sacramento County

Water Agency

COUNTY OF SACRAMENTO MUNICIPAL SERVICES AGENCY - CHERYL CRESON, ADMINISTRATOR 26 Department of Water Resources inc:luding service to the Cities ojCitm,v Heights, Elk Grave and Rancho Cordova

Keith DeVore. Director

BY RESOLUTION #,':} CO -1328 BOARD OF SIJP!RVlSORS

October 26, 2004

TO:

~.2004 ~ By . Jt/. '-/UA.~

CieI'kOtile Board .':.,

Board of Directors Sacramento County Water Agency

FROM: Department of Water Resources

SUB.JECT: Resolution Authorizing The Director Of Water Resources To Execute Hold­Harmless Agreements For Swimming Pools Constructed Below The Base Flood Elevation

CONTACT: George H. Booth, Senior Civil Engineer (916 )874-6484

Overview Section 906-04(E) of the Floodplain Management Ordinance (SCZ 93-0061) requires that swimming pools be constructed at or above the Base Flood Elevation (BFE). unless a hold harmless agreement is executed with the property owner. Application and administration of the floodplain Management Ordinance is ~he responsibility of the Department of Water Resources. Historically. each of these hold harmless agreements has gone to the Board of Supervisors for resolution and signature by the Chair, while the property owners endured a lengthy period awaiting the approval. Allowing the Director of the Department of Water Resources to approve these agreements will be more efficient, saving time and money.

Recommendations I. That the Board of Supervisors approve a resolution authorizing to the Director of the

Department of Water Resources to execute hold harmless agreements for swimming pools proposed to be constructed below the BFE.

2. That tJle Board of Directors of the Sacramento County Water Agency (SCWA) approve a resolution authorizing the Director of the Department of Water Resources to execute hold hannless agreements for swimming pools proposed to be constructed below the BFE and to collect a fee for this service, to be updated ann ual\y based on the fully loaded labor rate for employee classes listed on Exhibit 1.

MeasureslEvaluation Measures/Evaluation are not applicable to this agenda item.

Fiscal Impact The current fee of $325 is proposed to be increased to $393 for this service and will be accounted for in Zone 13 of the SCWA.

Main Office: 8277,n Street, Room 301, Sacramento, CA 95814 • Phone: (916) 874-6851 • Fax: (916) 874-8693 Field Offices: Drainage Operations and Maintenance - 3847 Branch Center Road, Sacramento, CA 95827 • Phone: (916) 875·7159

Water Supply Facilities Operation and Admin. - 3847 Branch Center Road, Sacramento, CA 95827 • Phone: (916) 875-4913

1---

· Board of Supervisors Board of Directors October 26, 2004 Page 2 of2

BACKGROUND:

Section 906-04(E) of the Sacramento County Floodplain Management Ordinance requires that swimming pool decks be constructed at or above the Base Flood Elevation (BFE), unless the property owner enters into a hold-hannless agreement. Such agreements indemnify the County, the Sacramento County Water Agency, and staff from claims of liability and damages. They are recorded with the subject property, and binding to heirs, assigns, and successors of interest in the property.

The Department of Water Resources has been collecting a fee for processing these agreements. This fee is currently $325. Processing each of these agreements indIvidually through County Counsel and the Board is inherently inefficient and it is likely that this amount has been inadequate recovery to off-set the actual processing costs.

DISCUSSION:

The vast majority of swimming pools are constructed above the BFE and only a small number of property owners elect to construct at a lower elevation and to enter into a hold-harmless agreement. In these cases it is prudent to inform the current and future users of the property of the risk and to not place the burden with the County or the Water Agency. Because the staff of the Department of Water Resources is responsible for infonning the public of flood hazards and for administration of the Floodplain Management Ordinance, it is appropriate that the Director of the Department of Water Resources be given full authority to enter into these hold-harmless agreements on behalf of the County. This will not only reduce paperwork to the Board and to County Counsel, but also and just as important, the property owner wiII process a swimming pool permit in a more timely manner.

It is recommended that a fee, previously authorized in 1991 by WA 1000, continues to be collected and periodically updated to allow the Department of Water Resources to process such hold harmless agreements. The fee is proposed to be increased from the current $325 to $393 (Exhibit 1), and will be accounted for in Zone 13 of the Sacramento County Water Agency.

County Counsel has approved this item as to form.

Respectfully submitted,

:k&Q~ Keith DeVore, Director Department of Water Resources

Attachments: Resolutions - Water Agency and County Exhibit I

APPROVED:

Terry Schutten County Executive

By: ____________________ _

Cheryl Creson, Administrator Municipal Services Agency

C: Ted Thatcher, Bill Owens, John Houston, Bill Forrest, Mark Rains, Dawn Lee, Michael Peterson - DWR Ray Thompson - County Counsel

Sacramento County Agenda and Record Processing Application Approval List

Approval List for Agenda Item 103774

Cheryl Creson 10114/2004 Approved

Page 1

Exhibit 1

Fee for Processing Hold Hannless Agreements for Swimming Pools

Labor Rates Hours eff: 7/1/04 Cost

Principal Engineering Technician 3.00 $ 76.46 $ 229 Associate Engineer 0.50 $ 91.44 $ 46 Senior Engineer 0.50 $ 100.73 $ 50 Director 0.50 $ 134.66 $ 67 Total (including 1 site visit) 4.50 $ 393

Fee for processing, fiscal year 2004/2005, shall be a lump sum of$393.

This fee will be adjusted annually at the rate ofthe fully loaded labor cost for employee classes listed on Exhibit 1.

RESOLUTION NO. 2004-1328

Hold-Harmless Agreements for Swimming Pools Constructed Below The Base Flood Elevation

WHEREAS, the Sacramento County Floodplain Management Ordinance, SCZ93-0061 was

adopted on November 23, 1993 to promote public safety from the perils related to flooding;

WHEREAS, Section 906-04(E) of the Floodplain Management Ordinance requires that

swimming pools be constructed at or above the Base Flood Elevation, unless a hold harmless

agreement is executed with the property owner;

WHEREAS, a hold-harmless agreement shall indemnify the County and is a recorded

instrument that goes with the property title and transfers to subsequent owners, and includes

understanding that the flood risk will be disclosed to all tenants and that they too will hold the

County harmless;

WHEREAS, property owners are informed of the flood risk but desire to construct a

swimming pool below the Base Flood Elevation and to willingly enter into a recorded hold hannIess

agreement; and

WHEREAS. these hold harmless agreements are approved on a case-by-case basis.

NOW, THEREFORE, the Board of Supervisors, COWlty of Sacramento, resolves and

detennines that the Director of the Department of Water Resources is authorized to execute hold­

hannless agreements, in a form acceptable to County Counsel, for swimming pools that are to be

constructed below the Base Flood Elevation.

On a motion by Supervisor Nottoli , seconded by Supervisor Niello

the foregoing resolution was passed and adopted by the Board of Supervisors of the County of

Sacramento. State of California, this 26th ,day of October , 2004 with the

following vote, to wit:

AYES:

NOES:

ABSENT:

Supervisors, Niello, Nottoli. Johnson

Supervisors, None

Supervisors, Collin, Dickinson

~f?~ Chair of the Board of S pervlsors of Sacramento County, California

In accorllance 1'111~ S9cliOJl 25103 of tile GOI'ernment Code of the State of Califosnia • copy of 1M dowment has been delivered 10 the Chairman of tile Boanl of Supervisors, CoullI)'

of Sacramento on 0C1 Z ~ 2OO't

~F...d&JUn

FILE:) OCT 2 6 2004

-I F

SACRAMENTO COUNTY WATER AGENCY

RESOLUTION NO. WA-2568 ..-:.:.:;.:...~=-----

Hold-Harmless Agreements for Swimming Pools Constructed Below The Base Flood Elevation

WHEREAS, the Sacramento County Floodplain Management Ordinance, SCZ93-0061 was

adopted on November 23, 1993 to promote public safety from the perils related to flooding;

WHEREAS, Section 906-04(E) of the Floodplain Management Ordinance requires that

swimming pools be constructed at or above the Base Flood Elevation, unless a hold harmless

agreement is executed with the property oV'vner;

WHEREAS, a hold-hannless agreement shall indemnify the Sacramento County Water

Agency and the County and is a recorded instrument that goes with the property title and transfers to

subsequent owners, and includes understanding that the flood risk will be disclosed to all tenants and

that they too will hold the County hannless;

WHEREAS, property owners are informed of the flood risk but desire to construct a

swimming pool below the Base Flood Elevation and to willingly enter into a recorded hold hannless

agreement~

WHEREAS, these hold hannless agreements are approved on a case-by-case basis; and

WHEREAS, Resolution W AIOOO authorizes the collection of a fee tor this service and this

fee must be periodically adjusted to accurately recover the associated costs.

BE IT RESOLVED AND ORDERED that the Chair of the Board of Directors be and is

hereby authorized and directed that the Director of the Department of Water Resources is authorized to

execute hold-han111ess agreements, in a t0l111 acceptable to County Counsel. for swilluning pools that

are to be constructed below the Base Flood Elevation, and to collect a processing fee of $393, to be

adjusted annually at the rate of the fully loaded labor cost for the employees involved.

ON A MOTION by Director _.;;.;N..:;..o..:;..tt;:.;o:..;;;l:;;:f:-. ____ • and seconded by Director

__ N_i_e_l_l_o _____ , the foregoing resolution was passed and adopted by the Board of Directors

of the Sacramento County Water Agency, State of California, this 26th day of October

2004. by the following vote, to wit:

AYES: Directors. Niello. Nottoli. Johnson

NOES: Directors, None

ABSENT: Directors. Collin. Dickinson

ABSTAIN: Directors, None

acramento County Water Agency, a district organized under the

laws of thp. ~t::Jte of.Ca1if~~.

:, itll!ll:!lllfllne ... !dNt25f03ofIheGomnmen!Code:: ;'; )LIl!§\;!!'1Jlf~ 11I0py oftltdGl:umenllias beeR ~, MaIrID"CIIIimIID_ OCT 2 6 ~

"lit< <MateM(~ :;,:::.:0. ,,"CIsrk. •.• "", '.:,

ATfEST: _~~q.u....l.:lL.::~~-:L::=.~=­oard of Supervisors of

Sacramento County, California and

F'l E D Ex officio Secretary of the Board of Directors of the Sacramento County

Water Agency

... OCT 2 6 ZOO;

Recorded at Request of County of Sacramento

After Recording Return to: John Houston Public Works Agency County of Sacramento 827 Seventh Street, Room 301 Sacramento, CA 95814

AGREEMENT FOR CONSTRUCTION WITHIN

FLOOD HAZARD AREAS [Hold Harmless]

This Agreement for Construction Within Flood Hazard Areas ("Agreement") is made and entered into this day of , 20 __ , between the County of Sacramento, a political subdivision of the State of California ("County"), and the Sacramento County Water Agency, a statutorily created district operating under the authority of and pursuant to the provisions of the Sacramento County Water Agency Act (California Water Code -Appendix Chapter 66, commencing at Section 66-1 et seq.) ("Agency") and JqMina·'Jfu1e bqe~hti.s1)fu1a!fu1d;·Wife ("Owner") with reference to the following facts:

WHEREAS, Owner is the recorded owner or owners of the real property located in the County of Sacramento, State of California, commonly known as l$treefaddress, tity,' CAztp] (APN: Y#NH,i&'), being more particularly described in Exhibit "A", attached hereto and incorporated herein by reference ("Subject Property"); and

WHEREAS, The Subject Property is located in a federal special flood hazard area or local flood hazard area, as defined in Sacramento County Ordinance No. SZC-2007-0041; and

WHEREAS, Owner desires to undertake the following new COIlsmUCIl.on, or other on the . ect j.lrf1,nA,t'hT·

WHEREAS, Sacramento County has indicated that the base flood water surface elevation is ##, approximately ## feet over the proposed pool deck; and

WHEREAS, in Ordinance No. SZC-2007-0041, the County has established standards for the Activity described above to minimize public and private losses and damages due to flooding; and

WHEREAS, Owner nevertheless desires to undertake the Activity described above without complying with the standards established in Ordinance No. SZC-2007-0041, and County is willing to allow such Activity subject to the terms of this Agreement; and

t !

L _

WHEREAS, it is the intention of County, Agency and Owner that this Agreement be recorded and be a covenant running with the land, binding successors in interest ofthe Subject Property.

NOW, THEREFORE, in consideration of the mutual promises contained herein, County, Agency and Owner agree as follows:

Section 1. Subject to the terms hereof, County and Agency shall allow the Activity without requiring compliance with the standards established in Ordinance No. SZC-2007-0041. County and Agency shall require compliance, and Owner shall comply, with all other applicable laws.

Section 2. Owner, their heirs, assigns, or successors in interest understands, acknowledges and assumes the risk that the Activity, before and after its completion, may be subject to property damage caused by flooding. Owner, its heirs, assigns, or successors in interest further understands, acknowledges and assumes the risk that persons or property on or around the Subject Property may be injured or damaged due to flooding.

Section 3. Owner, its heirs, assigns, or successors in interest unconditionally waives any claim of liability on the part of Agency and County, its Board of Supervisors, Directors, officers, agents and employees for flood-related property damage or personal injury premised on the allowance or permitting of the Activity by County or Agency.

Section 4. Owner, its heirs, assigns, or successors in interest shall indemnify, defend and hold harmless the Agency and County, its Board of Supervisors, Directors, officers, employees and agents from and against any and all costs, expenses, damages, attorneys fees and liabilities that arise out of, or are alleged to arise out of, flood-related property damage or personal injury premised on the allowance or permitting of the Activity by County or Agency.

Section 5. Any notice or other communication to be given to any party pursuant to this Agreement shall be given by delivering same in writing to the parties at the addresses set forth below:

County and Agency:

Owner:

Senior Civil Engineer, Drainage Development County of Sacramento Department of Water Resources 827 Seventh Street, Room 301 Sacramento, CA 95814

Narhe ~ddress

Such notice shall be deemed given when deposited into the United States mail, postage prepaid, addressed to the parties at the addresses above. Nothing shall preclude the giving of personal notice. Either party may change the notice address by giving notice thereof as herein 'provided.

Section 6. This Agreement and the obligations contained herein shall run with the SUbject Property and shall be binding on the heirs, assigns, and successors in interest of the Owner.

Section 7. This Agreement shall be recorded with the Sacramento County Recorder and prior to any lease, sale, transfer, or conveyance of any portion of the subject property, Owner and their successors, shall provide a copy of this Agreement to the prospective lessee, buyer, transferee, or one to whom the conveyance is made.

Section 8. If any provision of this Agreement is held by a court of competent jurisdiction to be void or unenforceable, the remaining provisions shall not be affected and shall remain in full force and effect.

Section 9. If any legal action is brought to enforce the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs from the non-prevailing party.

Section 10. This instrument and Exhibit "A" constitute the entire Agreement between the parties concerning the subject matter hereof. Modifications or amendments shall be in writing and executed by all parties.

IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written.

SIGNATURE

Director ofthe Sacramento County Department of Water Resources on behalf of the County of Sacramento and the Sacramento County Water Agency pursuant to County Resolution No.: 2004-1328 and SCW A Resolution No.: WA-2568

SIGNATURE

NAME

SIGNATURE

NAME

("Owner")

("Owner")

SIGNATURE OF OWNER(S) MUST BE NOTARIZED

Approved as to form by Deputy County Counsel, ••••••

L

EXHIBIT" A"

Legal Description of Property

A.ddfess~a~scription

[E.g., ALL THAT REAL PROPERTY situated in the County of Sacramento, State of California being Lot as shown on Parcel Map entitled" ", recorded in the office ofthe County Recorder of said County on in Book of Maps, Page .]

A 'P IN b #,#,##""#~",,,'i"; ssessor s arce urn er:F/ 7riF7HHdlltt

L ___ _

RECORDING REQUESTED BY County of Sacramento

No Fee per Gov. Code Sec. 6103

After recording, return to: Mail code 01-301 Department of Water Resources County of Sacramento, CA 95814 Attn: Mark Rains

DECLARATION OF LAND RESTRICTION FOR CERTAIN STRUCTURES IN THE FLOODPLAIN

This DECLARATION made this 9th day of July, 2007, by ("Applicant") regarding proposed project at (address): [streefaddr~ss,citir,.CAiipJ

RECITALS

WHEREAS, "Applicant" is the record owner of that certain real property located at [street apd. .. es~"citYl~ Sacramento County, California more particularly described in Exhibit "A" attached hereto and incorporated herein; and

WHEREAS, Applicant has applied for a permit to construct a structure property that is below th, Base Flood Elevation, as defined in the County Floodplain Management Ordinance, ("Ordinance") under Permit # ("Permit"); and

WHEREAS, the County has agreed to record this DECLARATION and certifies and declares h~ the following covenants, conditions and restrictions are placed on the affected property as a condition of granting the Permit, and affects rights and obligations of the Applicants and shall be binding on the Applicants as Owners, their heirs, personal representatives, successors and assigns.

UPON THE TERMS AND SUBJECT TO THE CONDITIONS, as follows:

1. The structure or part thereof to which these conditions apply is described as: home constructed more than 5' above LAG in order to achieve minimum floor requirements

The Base Flood Elevation is __ feet and the proposed floor elevation is __ feet and the lowest adjacent grade elevation is _feet, NGVD 1929.

1

As such, there is a significant volume of foundation space below the Base Flood Elevation which is subject to flooding and that space may only be used for incidental storage or vehicle parking

2. This structure has been allowed in full compliance with the elevation requirements of the Ordinance. The area below the base flood elevation may not be converted to habitable space in the future unless there is a change in the County Zoning Code or the flood zone designation for the property at sometime in the future and the building is subsequently brought into full compliance with the Sacramento County Zoning Ordinance and permitted as such.

3. Enclosed areas below the Base Flood Elevation shall be used solely for parking of vehicles and limited storage. All interior walls, ceilings, and floors below the Base Flood Elevation shall be unfinished and constructed of flood resistant materials. No mechanical, electrical, or plumbing devices shall be installed below the Base Flood Elevation except incidental light fixtures for safety.

4. The walls ofthe enclosed areas below the Base Flood Elevation shall be equipped with at least two vents (not including doors or glazing) which permit the automatic entry and exit of floodwater with total openings of at least one square inch for every square foot of enclosed area below flood level. The vents shall be on at least two different walls, and the bottom of the vents shall be no more than one foot above grade. All construction must be of flood resistant materials adequately anchored to withstand hydrostatic and velocity forces of flood waters.

5. Nothing stored or placed below the base flood elevation shall be considered insured under the National Flood Insurance Program.

2

I~

6. Any alterations or changes from these conditions constitute a violation of the Permit and the jurisdiction issuing the Permit and enforcing the Ordinance may take any appropriate legal action to correct any violation.

7. Other conditions:

IN WITNESS, WHEREOF, this DECLARATION OF LAND RESTRICTION is deemed effective the day and date first above-written.

"APPLICANT"

Signature Signature

Name Name

Address: ________________________ _

County Counsel Approved as to Form 6-13-07 R. Parrish

P:\Shared Folders\DRAINDEWIOLD HARMLESS AGREEMENTS\Areas below BFE for structures raise more than S'\tempate.doc

3

I~' -

EXHIBIT "A"

Legal Description of Property Street address, city, CA zip

the following described property in the City of SACRAMENTO, County of SACRAMENTO State of California;

[describe parcel and location of building]

Assessor~ Parcel Number: ###-####-#### Proposed House Latitude N ##0 ##' ##.##" DMS Proposed House Longitude W ###0 ##' ##.##" DMS

4

FEDERAL EMERGENCY MANAGEMENT AGENCY

MITIGATION DIRECTORATE

Ensuring That Structures Built on Fill In or Near Special FloodHazard Areas Are Reasonably Safe From Floodingin accordance with theNational Flood Insurance Program

FIA-TB-10(5/01)

TechnicalBulletin

10-01

Any comments on the Technical Bulletins should be directed to:

Federal Emergency Management AgencyMitigation DirectorateProgram Policy and Assessment Branch500 C Street, SW.Washington, DC 20472

Wave design on cover based on the Japanese print The Great Wave Off Kanagawa, by Katsuchika Hokussai(1760–1849), Asiatic Museum of Fine Arts, Boston.

Key Word/Subject Index

This index allows the user to locate key words and subjects in this Technical Bulletin. TheTechnical Bulletin User’s Guide (printed separately) provides references to key words andsubjects throughout the Technical Bulletins. For definitions of selected terms, refer to theGlossary at the end of this bulletin.

Key Word/Subject Index Page

Basement construction, engineered option 19Basement construction, simplified approach 15Basement foundation in fill, not recommended 9Basement foundation in fill, vulnerability to subsurface flooding 1, 9Basement foundation, in fill placed above BFE 10Basement foundation, with lowest floor at or above BFE 10Basement foundation, with lowest opening above BFE 11Basement foundation, with lowest opening at BFE 12Community permitting, administrative options for 5Crawlspace foundation 7Fill, placed to remove land from the SFHA 1Fill, areas where prohibited 3Fill, proper placement of 5Foundation flood risk, summary table 13Freeboard, recommendations 6Insurance coverage for basement flooding, restrictions 9Professional certification 4Professional certification, sample form 4“Reasonably safe from flooding,” defined 2“Reasonably safe from flooding,” NFIP regulations concerning 2Slab-on-grade foundation 8Stem wall foundation 7Sump pump, requirements for simplified basement construction 15

TECHNICAL BULLETIN 10-01

Ensuring That Structures Built on Fill In or Near Special Flood Hazard AreasAre Reasonably Safe From Flooding

in accordance with the National Flood Insurance Program

Introduction

For the purpose of administering the National Flood Insurance Program (NFIP), FEMA identifies andmaps flood hazard areas nationwide by conducting flood hazard studies and publishing FloodInsurance Rate Maps (FIRMs). These flood hazard areas, referred to as Special Flood Hazard Areas(SFHAs), are based on a flood having a 1-percent probability of being equaled or exceeded in anygiven year (also referred to as the 100-year flood or Base Flood).

Structures within the SFHA in a community participating in the NFIP are subject to floodplainmanagement regulations that impact building standards and are designed to minimize flood risk. Forexample, Title 44, Part 60, Section 3(c)(2) of the Code of Federal Regulations—abbreviated as 44CFR 60.3(c)(2)—requires that the lowest floor of a residential structure, including basement, builtwithin the SFHA be at or above the Base Flood Elevation (BFE). In addition, flood insurance must bepurchased for these structures if they are used as collateral to secure a loan provided by a federallyregulated lender. Flood insurance coverage may be purchased for all eligible structures within aparticipating community. Insurance rates for structures located within the SFHA differ from the ratesfor structures located outside the SFHA.

When permitted under applicable Federal, state, and local laws, ordinances, and regulations, earthenfill is sometimes placed in an SFHA to reduce flood risk to the filled area. Under certain conditions,when engineered earthen fill is placed within an SFHA to raise the surface of the ground to or abovethe BFE, a request may be submitted to FEMA to revise the FIRM to indicate that the filled land isoutside of the SFHA. When such revisions are warranted, FEMA usually revises the FIRM by issuinga Letter of Map Revision based on fill (LOMR-F). After FEMA has revised the FIRM to show that thefilled land is outside the SFHA, the community is no longer required to apply the minimum NFIPfloodplain management standards to any structures built on the land and the mandatory floodinsurance purchase requirements no longer apply. It is worth noting that states and local communitiesmay have floodplain regulations that are more restrictive than the minimum requirements of the NFIPand may continue to enforce some or all of their floodplain management requirements in areas outsidethe SFHA.

Although a structure built on a site that has been elevated by the placement of fill may be removed byFEMA from the SFHA, the structure may still be subject to damage during the Base Flood andhigher-magnitude floods. Constructing the entire structure at or above the level of the BFE willminimize the flood risk from the Base Flood and is therefore the most prudent approach toconstructing on fill. Conversely, a structure with a basement (subgrade area) adjacent to or near thefloodplain may well be impacted by subsurface flooding brought on by surface flooding.

1

This bulletin provides guidance on the construction of buildings on land elevated above the BFEthrough the placement of fill. Several methods of construction are discussed, and the most prudent—those that result in the entire building being above the BFE—are recommended.

In some areas of the country, basements are a standard construction feature. Individuals may wish toconstruct basements on land after it has been removed from the floodplain by a FEMA revision.Buildings with basements built in filled areas are at an added risk of flooding when compared tobuildings on other types of foundations. However, there are two major ways to minimize thisadditional risk from subsurface flooding. First, the building should be located farther back from theedge of the fill closest to the flooding source. Second, the higher the basement floor is elevated, theless the risk. This technical bulletin provides guidance on how to determine that these buildings willbe reasonably safe from flooding during the occurrence of the Base Flood and larger floods. To bereasonably safe from flooding during the Base Flood condition, the basement must (1) be dry, nothave any water in it, and (2) be structurally sound, not have loads that either exceed the structuralcapacity of walls or floors or cause unacceptable deflections. In practice, this means that soils aroundthe basement must have low permeability to minimize or stop water infiltration to the basement walland floors. Any water that does permeate to the basement must be removed by a drainage layer on theoutside (soil side) of the basement. In addition, the foundation walls and floor slab must be designedand constructed for any increased loads that may occur during the Base Flood condition.

NFIP Regulations

Part of a community’s application to participate in the NFIP must include “a commitment to recognizeand duly evaluate flood hazards in all official actions in the areas having special flood hazards and totake other such official actions reasonably necessary to carry out the objectives of the program” [44CFR 59.22 (a)(8)].

NFIP regulations at 44 CFR 60 include Subpart A: Requirements for Flood Plain ManagementRegulations. Each community participating in the NFIP adopts a floodplain management ordinancethat meets or exceeds the minimum requirements listed in 44 CFR 60. Subpart A establishes specificcriteria for determining the adequacy of a community’s floodplain management regulations. Theoverriding purpose of the floodplain management regulations is to ensure that participatingcommunities take into account flood hazards, to the extent that they are known, in all official actionsrelating to land management and use.

One of the minimum requirements established by the regulations is set forth at 44 CFR 60.3 (a)(3),which states that, for all proposed construction or other development within a participatingcommunity, the community must “Review all permit applications to determine whether the proposedbuilding sites will be reasonably safe from flooding.” 44 CFR 59.1 defines “development” as

“…any manmade change to improved or unimproved real estate, including but notlimited to buildings or other structures, mining, dredging, filling, grading, paving,excavation or drilling operation or storage of equipment or materials,”

2

3

Floodways, V Zones, and Alluvial Fan Flood Hazard Areas

This bulletin does not apply to the following:

• Construction in the floodway. The NFIP prohibits encroachments into the floodway thatwould cause increases in flood stage.

• Construction in SFHAs designated Zone V, VE, or V1-V30 on FIRMs. The NFIP prohib-its the use of structural fill for support of buildings in V zones. Buildings constructed in aV zone must be constructed on an open foundation consisting of piles, piers, or posts andmust be elevated so that the bottom of the lowest horizontal structural member is at orabove the BFE. In addition, this bulletin strongly recommends that structural fill not beused to elevate buildings constructed in A zones in coastal areas. Detailed guidanceconcerning proper construction methods for buildings in coastal areas is presented inFEMA’s Coastal Construction Manual (FEMA 55) and in NFIP Technical Bulletin 5,Free-of-Obstruction Requirements.

• Construction in SFHAs subject to alluvial fan flooding (designated Zone A0 with depthsand velocities shown on FIRMs). The NFIP will not remove land from the floodplainbased on the placement of fill in alluvial fan flood hazard areas.

More Restrictive State and Local Requirements

NFIP Technical Bulletins provide guidance on the minimum requirements of the NFIPregulations. State or local requirements that exceed those of the NFIP take precedence. Designprofessionals should contact community officials to determine whether more restrictive state orlocal regulations apply to the building or site in question. All applicable standards of the state orlocal building code must be met for any building in a flood hazard area.

By issuance of this Technical Bulletin, FEMA is noting that residual flood hazards may exist in areaselevated above the BFE by the placement of engineered earthen fill. Residual risks in these areasinclude subsurface flood conditions and flooding from events that exceed the base flood. This bulletinis intended to guide local floodplain management officials in determining whether structures placed infilled areas are reasonably safe from flooding. FEMA will require that the jurisdiction havingauthority for floodplain management determine that an area is reasonably safe from flooding beforeremoving it from the SFHA.

Warning

Construction of a residential building in an identified SFHA with a lowest floor below the BFEis a violation of the floodplain management requirements set forth at 44 CFR 60.3(c)(2), unlessthe community has obtained an exception to NFIP requirements from FEMA and has approvedprocedures in place.

Notes for Local Officials

Professional Certification

As required by state and local floodplain management ordinances, a proposed development must bedetermined to be reasonably safe from flooding. The official having the authority to make thisdetermination should require all appropriate information for making the determination. This mayinclude a certification by a qualified design professional that indicates the land or structures to beremoved from the SFHA are reasonably safe from flooding, according to the criteria described in thistechnical bulletin. Such a professional certification may come from a professional engineer,professional geologist, professional soil scientist, or other design professional qualified to make suchevaluations. A sample of such a certification is shown in Figure 1.

4

Figure 1 Sample of professional certification form.

Address and Phone

Professional Seal

Project Name and Address

Type of License

Title

Signature Date

License Number

I, certify that the design for the aforementioneddevelopment is reasonably safe from flooding in accordance with the guidance provided within FEMA’sTechnical Bulletin 10-01 related to ensuring that structures are reasonably safe from flooding and inaccordance with accepted professional practices.

License Expiration Date

Administrative Options for Community Permitting

Communities may choose a variety of administrative procedures to assist them in gatheringinformation that can be used to determine whether a proposed development is reasonably safe fromflooding. Communities are encouraged to establish procedures that alert them to potential futuredevelopment of a filled area. These procedures should allow for the evaluation of future developmentand a means to determine whether it will be reasonably safe from flooding. The following areexamples of such procedures:

• Require building sites to be identified on final subdivision plats and evaluate those building sitesagainst the standards described in this Technical Bulletin.

• Require grading plans as a condition of issuing fill permits and require that those grading plansinclude building sites, and evaluate those building sites based on this Technical Bulletin.

• Require buffer zones or setback zones around the perimeter of fill pads or at the edge of the flood-plain and establish construction requirements within these buffer zones to ensure that buildings aresafe from residual risk.

• Require as a condition of final subdivision plat approval that the developer agree that no basementswill be built in any flood areas.

• Adopt or have regulations that control development of areas immediately adjacent to floodplainsthat would ensure that any construction is reasonably safe from flooding. For example, under theMinnesota State Building Code, communities designate areas outside of the floodplain as “Second-ary Flood Hazard Areas” where building officials evaluate plans for basements and can requiremodifications to the basement if an official believes there is a residual risk.

• When issuing a permit for the placement of fill only in the SFHA, stipulate that no buildings will bebuilt on the site without a subsequent building permit.

Placement of Fill

Properly placing fill requires an understanding of soil mechanics, local site conditions, the specificcharacteristics of the soils being placed, the methods used to place and compact the fill, and soiltesting procedures. Standard engineering and soil mechanics texts cover these subjects in detail. Theperformance of these filled areas should consider, but is not limited to, the following:

• the consolidation of the fill layers and any underlying layers

• the effect of this consolidation on either excessive settlement or differential settlement

• how the permeability of the soils affects water infiltration on any structures built on the site

5

6

Building on Land Removed From the SFHA by the Placement of Fill

The safest methods of constructing a building on filled land removed from the SFHA are those thatresult in the entire structure being above the BFE. Methods that place the lowest floor of the buildingat, rather than above, the BFE are at greater flood risk, and methods that result in the lowest floor(including a basement floor) below the BFE have the highest flood risk of all. Placement of the lowestfloor of these structures below the BFE, even through they are outside the SFHA, will result in anincreased threat from subsurface flooding and magnified damages from flooding that exceeds the BFE.

Loss of Storage and Conveyance

The placement of fill in the SFHA can result in an increase in the BFE by reducing the ability toconvey and store flood waters. This can result in increased flood damage to both upstream anddownstream properties. To prevent these possible results, some communities prohibit fill, requirecompensatory storage for filled areas, and/or identify a more restrictive floodway.

Risk of Flood Damage in Areas Adjacent to the SFHA

Areas adjacent to the SFHA may have residual risks of flood damage similar to those in areasremoved from the SFHA through the placement of fill. Both areas are subject to residual riskfrom subsurface water related to flooding and from floods greater than the Base Flood. Methodsof construction discussed in this bulletin should also be used in these areas.

The foundation types for buildings outside the SFHA described in the following sections are listed inorder of their increasing risk of flood damage.

Freeboard

Freeboard is an additional height used as a factor of safety in determining the elevation of a structure,or floodproofing, to compensate for factors that may increase the flood height (ASCE 24-98, FloodResistant Design and Construction). When fill is used to protect buildings from the Base Flood, thecommunity should consider whether freeboard should be required. This consideration shouldinclude whether better information exists or conditions have changed (from when the BFE wasoriginally established) that indicate that the BFE may be higher than originally expected. Oneexample of when the BFE may be higher is when a culvert or bridge is blocked by debris. Floodmodeling assumes an open channel or culvert. Even when the BFE is not expected to be higher,freeboard may be appropriate to provide increased protection from flood events less frequentthan the Base Flood or to account for future changes that may increase the BFE.

Non-Basement Foundations

Non-basement foundations consist primarily of stem wall, crawlspace, and slab-on-grade foundations.

Stem Wall Foundation

A stem wall foundation can be used to raise the lowest floor above the surrounding grade. After thestem walls have been constructed and extended to the desired elevation, the area enclosed by the stemwalls is filled with engineered compacted fill and a slab is poured on top (see Figure 2). Through theplacement of additional fill, the site may be elevated above the BFE. This approach providesfreeboard—an additional amount of elevation that helps protect against subsurface flooding and floodsthat exceed the Base Flood. Constructing a stem wall foundation and placing this additional fill on thesite provide the highest level of flood protection.

7

Crawlspace Foundation

Constructing a crawlspace beneath the first floor will raise the lowest floor of the structure above thesurrounding grade (see Figure 3). Openings in the foundation walls are recommended. If floodingreaches the building, the openings allow flood waters to enter the area below the lowest floor andequalize the hydrostatic pressure on the foundation walls (see NFIP Technical Bulletin 1, Openings InFoundation Walls).

The crawlspace alternative is less preferable than stem wall construction, which does not result in anenclosed area under the first floor and therefore requires no flood openings. Placing additional fill to alevel above the BFE provides freeboard that helps protect against subsurface flooding and floods thatexceed the Base Flood. Constructing a crawlspace foundation and placing additional fill on the siteprovide increased flood protection.

Figure 2 Structure on a stem wall foundation. The lowest floor is raised above the BFE. Thespace enclosed by the stem walls is filled with engineered compacted fill.

8

Slab-On-Grade Foundation

This method normally provides less flood protection than crawlspace construction because it does notelevate the house above the adjacent grade (see Figure 4). As a result, the lowest floor of the house canbe as low as the BFE and would be inundated by any flood greater than the BFE. Placing additionalengineered fill beneath the building to a level above the BFE would provide freeboard and thereforeincreased flood protection.

Figure 3 Structure on a crawlspace foundation. The lowest floor is raised above the BFE.Openings in the foundation walls allow water from floods higher than the fill elevationto enter the crawlspace and equalize the pressure on foundation walls.

Figure 4 Structure on a slab-on-grade foundation. The lowest floor is typically slightly higherthan the surrounding grade.

Basement Foundations

Although basements are a desired feature in some areas of the United States, NFIP minimumrequirements generally do not allow their construction in the SFHA, because of the increased risk offlood damages. The only instances where this is not the case are buildings for which FEMA hasgranted a special exemption to allow floodproofed basements. However, once land is removed fromthe SFHA through a map revision, these NFIP minimum requirements no longer apply. As a result,builders and property owners who build on land removed from the SFHA sometimes elect to installbasements, which are at a higher risk of flood damage than the foundation types described previously.

Constructing a basement on such land is not recommended, because the basement (i.e., lowest) floorand portions of the basement walls may well be subjected to subsurface flooding. The basement maytherefore be subject to seepage and lateral hydrostatic and uplift pressure caused by high groundwaterlevels associated with flooding in surrounding areas. Additionally, when flooding exceeds the BFE,the basement area may be totally inundated with floodwater. When builders and homeowners decideto accept the additional risk associated with basement construction on filled land, they need to ensurethat the basement and the rest of the house are reasonably safe from flooding.

9

Flood Insurance Coverage for Basements

It is extremely important to note that the NFIP offers only limited coverage for basementflooding. First, in order for a claim to be paid, there must be a general condition of overlandflooding where floodwaters come in contact with the structure. Secondly, the NFIP does notprovide coverage for finished nonstructural elements such as paneling and linoleum inbasement areas. Contents coverage is restricted to a limited number of items listed in the floodinsurance policy. Contact a local insurance agent for more information.

Warning

In filled areas adjacent to floodplains, floods can still greatly influence the groundwater at thefilled site. High groundwater at a site with a basement can result in water infiltrating thebasement or greatly increased hydrostatic pressures on the walls and basement slab that cancause failure or permanent deformation. Even when floods have not reached houses withbasements, FEMA has seen numerous examples of flooded basements, bowed basement floors,and collapsed basement walls that have resulted from the effects of high groundwater caused byflooding. In addition, the collapse of flooded basements has also occurred when water is rapidlypumped from basements surrounded by saturated soils whose pressure exceeds the capacity ofthe basement walls.

10

Four basement construction methods are described below in increasing order of flood risk.

Basement Foundation With Lowest Floor At or Above BFE

Placing the lowest floor of the basement at or above the BFE has the effect of eliminating flood-induced damage up to the BFE (see Figure 5). In general, the higher the basement floor is above theBFE the lower the risk of damage from seepage and hydrostatic pressure caused by flood-relatedgroundwater. Where possible, the basement should be built with its floor at or above the BFE. Anadded benefit is that floods that exceed the BFE will cause significantly less damage to a structurewith this type of basement than to structures with basements whose floors are at greater depths.

Basement Foundation in Fill Placed Above BFE

Placing fill to a level higher than the BFE has the effect of reducing the depth of the basement floorbelow the BFE (see Figure 6). It is recommended that fill be placed to a level at least 1 foot above theBFE. In general, the higher the basement floor the lower the risk of damage from seepage andhydrostatic pressure caused by flood-related groundwater. Where possible, enough fill should beproperly placed so that the lowest grade adjacent to the structure is raised to an elevation greater thanthe BFE. An added benefit of fill placed above the BFE is that it helps protect the building from floodsgreater than the Base Flood. These floods are less likely to reach the structure.

Figure 5 Basement foundation with lowest floor above the BFE. Damage from floods belowthe BFE is eliminated.

Basement Foundation With Lowest Opening Above BFE

In the event that the lowest floor is not elevated to or above the BFE and fill is not placed to a levelabove the BFE, the next best method of reducing flood risk is to place the lowest opening into thebasement (e.g., window well) at a level higher than the BFE (see Figure 7). This will reduce thechances that surface flooding will enter and inundate the basement. However, the basement walls andfloor slab will still be subjected to hydrostatic pressure with the potential for damage and seepage intothe basement. In addition, the above-grade basement walls will be exposed to water from floodsgreater than the Base Flood. For this reason, the lowest opening in the basement walls should beabove the BFE, as shown in Figure 7.

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Figure 6 Basement foundation in fill placed above the BFE. The depth of the basement floorbelow the BFE is less than when no fill is placed.

Figure 7 Basement foundation with lowest opening above the BFE. Surface flooding is lesslikely to enter and inundate the basement.

Basement Foundation With Lowest Opening at BFE

This is the least preferable condition of all because it results in the highest flood risk and is notrecommended (see Figure 8). The lack of fill above the BFE, coupled with the lowest floor beingbelow BFE and lowest opening at the BFE, exposes the basement to flooding from both subsurfaceflooding and any flood greater than the Base Flood.

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Figure 8 Basement foundation with lowest opening at the BFE. The basement is exposed toflooding from any flood greater than the Base Flood.

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Flood Risk by Foundation Type

Table 1 summarizes the foundation construction methods described in this bulletin and ranks them inorder of increasing flood risk—the safest foundation types appear near the top; the less safefoundation types appear near the bottom. The foundation construction methods that result in abuilding that is reasonably safe from flooding are shown in the dark gray area of the table. If thebasement construction methods shown in the light gray area are used, the requirements described inthe following sections of this bulletin must be met in order for the building to be consideredreasonably safe from flooding.

Table 1 Flood Risk by Foundation Construction Method

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Basement Construction Guidance

For those who have chosen to accept the additional risk associated with basement construction belowthe Base Flood on filled land that has been removed from the SFHA, this bulletin provides technicalguidance about measures that can be taken to protect basements and meet the requirement thatbuildings be made reasonably safe from flooding. A simplified approach, including the requirementsthat must be met for its use, is presented first. For buildings that do not meet the criteria for thesimplified approach, this bulletin provides technical guidance for the development of an engineeringdesign tailored to the site conditions.

Structural Design

Design of foundation elements is addressed in model building codes. This technical bulletin doesnot address the structural design of basement walls or foundations. Floors and slabs should bedesigned for the hydrostatic pressures that can occur from the Base Flood. For the structuraldesign, it is recommended that the full hydrostatic pressures be assumed unrelieved by thedrainage system. Foundation walls that have not been designed for hydrostatic pressures, such asunreinforced masonry or pressure-treated wood wall systems, should not be used (see Figure 9).

Figure 9 Failure of this unreinforced masonry basement during flooding in East GrandForks, MN, in 1997 caused approximately $32,000 in damage.

Simplified Approach

Design Requirements

If, for a building and building site, all the requirements listed below are met (see Figure 10), thebuilding is reasonably safe from flooding. If all of these requirements are not met, the more detailedanalysis described under Engineered Basement Option, on page 19 of this bulletin, should beperformed to determine whether the building is reasonably safe from flooding.

The ground surface around the building and within a defined setback distance from theedge of the SFHA (see next item) must be at or above the BFE.

The setback is the distance from the edge of the SFHA to the nearest wall of the basement.The minimum allowable setback distance is 20 feet.

The ground around the building must be compacted fill; the fill material—or soil ofsimilar classification and degree of permeability—must extend to at least 5 feet below thebottom of the basement floor slab.

The fill material must be compacted to at least 95 percent of Standard LaboratoryMaximum Dry Density (Standard Proctor), according to ASTM Standard D-698. Fill soilsmust be fine-grained soils of low permeability, such as those classified as CH, CL, SC, orML according to ASTM Standard D-2487, Classification of Soils for EngineeringPurposes. See Table 1804.2 in the 2000 International Building Code (IBC) fordescriptions of these soil types.

The fill material must be homogeneous and isotropic; that is, the soil must be all of onematerial, and the engineering properties must be the same in all directions.

The elevation of the basement floor should be no more than 5 feet below the BFE.

There must be a granular drainage layer beneath the floor slab, and a ¼-horsepower sumppump with a backup power supply must be provided to remove the seepage flow. Thepump must be rated at four times the estimated seepage rate and must discharge above theBFE and away from the building. This arrangement is essential to prevent flooding of thebasement or uplift of the floor under the effect of the seepage pressure.

The drainage system must be equipped with a positive means of preventing backflow.

Model building codes (such as the 2000 International Residential Code) also addressfoundation drainage (IRC Section R405) and foundation walls (IRC Section R404).Model building codes generally allow foundation drains to discharge through eithermechanical means or gravity drains. In addition, there is often an exception to therequirement for drainage systems in well-drained soils. However, in or near floodplains,well-drained soils can, in fact, help convey groundwater towards the building foundation.Therefore, this exception should not apply in or near floodplains.

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In some cases in or near floodplains, even with standard drainage systems, hydrostaticpressures from groundwater against the basement can result. When a standard drainagesystem is unable to eliminate hydrostatic pressure on the foundation, model buildingcodes, including the 2000 International Residential Code (IRC Section R404.1.3), requirethat the foundation be designed in accordance with accepted engineering practice. Thesimplified approach contained in this Technical Bulletin assumes no hydrostaticpressure on the foundation and should be used only when a standard drainagesystem, discharged by a sump pump that is equipped with backup power and thatdischarges above BFE, is employed. For other drainage systems, the designer should usethe engineered basement option presented on page 19 of this bulletin and other appropriatebuilding code requirements.

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Figure 10 Requirements for use of the simplified approach to basement construction.

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Technical Background for the Simplified Approach

The simplified approach is based on the following conditions:

1. The area of the footprint of the basement is less than or equal to 1,200 square feet.

2. The soil is saturated; therefore, there is no time lag in the development of the seepage pattern with achange in flood water level. The groundwater table in floodplains is typically very shallow, and fine-grained soils have a substantial potential for maintaining saturation above the water table by capillaryrise.

3. The tailwater level is at the elevation of the BFE. For this bulletin, “tailwater” is defined as thegroundwater level beyond the structure, on the side away from the flood water surface. This is areasonably conservative assumption because the flood would raise the groundwater level in thegeneral area. In some cases, the tailwater level can be higher than the flood level because there ishigher ground, as a valley wall, that feeds the groundwater into the floodplain soils.

4. The effective elevation of the base of the seepage flow zone can be defined (see Figure 11). Thiselevation is needed to permit calculation of the quantity of seepage flow. If the base elevation is notknown, its depth below the base of the floor slab can be conservatively approximated as one-half ofthe building width most nearly perpendicular to the shoreline of the flood water. This wouldapproximate the boundary effects of the three-dimensional seepage flow, in that it would represent theflow coming in from all sides and meeting in the center beneath the floor slab. This approach assumesa constant soil type and density over the flow zone. If the site has stratified soil layers, the engineeredbasement option should be used (see page 19 of this bulletin).

5. The quantity of seepage flow can be calculated by a simplified method based on Dupuit’sassumption that equipotential lines are vertical. (The Dupuit method uses Darcy’s law with specificphysical characteristics. A more detailed description can be found in the first two references listedunder “Further Information,” on page 23 of this bulletin.) The elements of the method are presented inFigure 11. The entry surface, with hydraulic head “a,” is a vertical line extending downward from theedge of the flood surface. The exit surface, with hydraulic head “b,” is a vertical line extendingdownward from the side of the structure closest to the flood water’s edge. The length of the flow path,“L,” is the setback distance. Flow is assumed to be horizontal, and the horizontal coefficient ofpermeability is the effective permeability. For simplicity, the small inclined entry zone at the riverbank and the exit zone below the basement floor are ignored. This is a reasonably conservativemeasure. The phreatic line, or the line below which the seepage flow occurs under positive pressure,extends from the edge of the flood water to the elevation of the bottom of the basement floor slab. Ifthe exit zone below the basement floor were included, the hydraulic head at “b” would be higher. Asshown in Figure 11, the phreatic line is not a straight line, but within the limits of the assumedboundary values, it is close to a straight line.

The Dupuit equation for the quantity of seepage flow is:

q = k(a2 – b2)/2L

where: q is the flow in cubic feet per second for a 1-foot width of seepage zone

k is the soil permeability in feet per second (fps) (maximum value of k is 1x10-3 fps)

a and b are hydraulic heads in feet (a < b + 5)

L is the length of the flow zone in feet (L > 20 feet)

Figure 11 Method for calculation of seepage flow.

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To obtain Q, the total seepage flow, in cubic feet per second, q must be multiplied by the lengtharound the periphery of the four sides of the structure. This is a simplifying approach that obviates theneed for a three-dimensional flow net calculation and is reasonably conservative.

It should be noted that the soil permeability does not affect the geometry of the seepage zone or thegeometry of the phreatic line. The permeability does have a significant effect on the quantity ofseepage that must be collected and discharged by the drainage layer and the sump pump. Thecalculation of the quantity Q provides a basis for the selection of a sump pump of adequate capacity.To allow for possible errors in the estimation of the soil permeability, the pump should have a capacityof at least four times the calculated value of Q. As noted in the requirements section, a standard sumppump of ¼ horsepower or greater will generally satisfy the requirements of seepage removal for theconditions described above.

Engineered Basement Option

If the requirements specified for the simplified approach are not met, a licensed soils engineer orgeologist should perform a detailed engineering analysis to determine whether the structure will bereasonably safe from flooding. The analysis should consider, but is not limited to, the issues describedin the following sections.

Depth, Soil Type, and Stratification of Subsurface Soils

The depth, soil type, and stratification of the subsurface soils may be complex. Four potentialgeneralized scenarios are shown in Figures 12 and 13. Figure 12 shows two cases of homogeneoussoil. The depth of penetration of the basement and the depth of the flow zone are not limited to theassumptions on which the simplified approach is based. Case I represents a foundation consisting ofclayey soils, either fill or natural deposits or a combination, which are more or less homogeneousbecause they have similar engineering properties. If an adequate setback distance is provided, theseepage quantity would be relatively low, and uplift pressure beneath the slab could be controlled byan appropriately sized sump pump because of low permeability.

Case II represents a foundation consisting of sandy soils, either fill or natural soil deposits or acombination, which are more or less homogeneous because they have similar engineering properties.The seepage quantity would be fairly large, and more attention would have to be given to the setbackdistance and to the provision of an adequately sized sump pump to prevent excessive uplift pressurebeneath the floor slab because of high permeability.

Figure 13 shows two simple cases of stratified soils, with impervious clays overlying pervious sands.This is a common occurrence in natural floodplain deposits. In Case III, the contact between the twosoil strata is at some distance below the basement floor. This case would involve a moderate quantityof seepage, depending on the thickness, d, of the impervious stratum below the basement floor. Thereis also a potential for excessive uplift pressure beneath the floor, at the level of the bottom of the claystratum. If d is equal to h, the net hydraulic head between the flood level and the floor level, the safetyfactor against uplift would be approximately 1.0. If d is less than h, there would be excessive uplift,with a safety factor equal to less than 1.0.

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Figure 12 Case I and Case II – homogeneous soil.

Case IV shows impervious soils overlying pervious soils, with the contact between the soil strata atsome distance above the basement floor. This case would involve a large quantity of seepage andpotential for excessive uplift beneath the basement floor.

Geotechnical Investigations

Geotechnical investigations must be made for cases that do not conform with the assumptions onwhich the simplified approach is based. Information that is needed to permit an adequate engineeringanalysis includes the following:

• The BFE, which is to be used as the design flood water surface for calculating expected seepage.

• The elevation of the bottom of the basement floor. This can be adjusted as needed to achieve moresuitable conditions.

• The setback distance of the basement wall from the edge of the flood water. This can be adjusted toachieve more suitable seepage control or to accommodate available space restraints.

• The elevation of the groundwater table and its seasonal variations. A high water table would causeproblems with groundwater control during construction of a basement, even without a flood event.

• The stratification of the subsurface materials, for both natural and fill soils. In general, boringsshould be drilled to a depth below the bottom of the floor slab that is at least two times as great asthe depth of the bottom of the floor slab below the BFE.

Figure 13 Case III and Case IV – stratified soils.

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• The engineering classification of the soils, for both natural and fill soils. This must be done inaccordance with ASTM D2487, Classification of Soils for Engineering Purposes. This is theUnified Soil Classification System that is universally used throughout the United States. Local orcounty agricultural soil survey maps should not be used, because they do not give specificinformation about location and depth of soils, and their designations are not pertinent to civilengineering use.

• Subsurface conditions landward from the structure. This includes information about the location ofthe water table, whether it is higher or lower than the flood level, and information about anypenetrations of the soil, such as ponds. Attention should be given to the possibility that higherground, such as valley walls, could contribute to the groundwater level in the floodplain, eitherperennially or during periods of heavy rain.

• Information about any penetrations through the basement walls below the BFE, such as utility linesand other openings.

• Analysis of seepage quantity. The analysis can be made by the conservative simplified methoddescribed in Item 5 in the section titled Technical Background for the Simplified Approach(illustrated in Figure 11), or by the construction of a flow net that takes into account all of theboundary conditions more rigorously. A flow net may be required to permit analysis of upliftpressures. Uplift pressures may be more significant in laminated or stratified soil deposits.

Buildings in Existing Filled Areas

In evaluating buildings in existing filled areas, the two approaches already described—the simplifiedapproach or the engineered basement option—can be used. If the simplified approach is used, all therequirements for the use of this approach must be met. Some possible means for evaluating whetherthese requirements are met include soil tests and investigations, including soil borings and handaugers; field records from the time the fill was placed; and soil surveys. If the requirements for thesimplified approach are not met, a licensed soils engineer or geologist should perform a more detailedengineering analysis as described under Engineered Basement Option on page 19. More extensive soilinvestigations and testing may be required to complete the analysis.

The NFIP

The NFIP was created by Congress in 1968 to provide federally backed flood insurance coverage,because flood coverage was generally unavailable from private insurance companies. The NFIP is alsointended to reduce future flood losses by identifying floodprone areas and ensuring that new developmentin these areas is adequately protected from flood damage. The NFIP is based on an agreement betweenthe Federal government and participating communities that have been identified as floodprone. FEMA,through the Federal Insurance Administration (FIA), makes flood insurance available to the residentsof a participating community, provided the community adopts and enforces adequate floodplainmanagement regulations that meet the minimum NFIP requirements. The NFIP encourages communitiesto adopt floodplain management ordinances that exceed the minimum NFIP criteria set forth in Part60 of the NFIP Floodplain Management Regulations (44 CFR 60). Included in the NFIP requirements,found under Title 44 of the U.S. Code of Federal Regulations, are minimum building design andconstruction standards for buildings located in SFHAs. Through their floodplain management

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ordinances or laws, communities adopt the NFIP performance standards for new, substantiallyimproved, and substantially damaged buildings in floodprone areas identified on FEMA’s FIRMs.

Technical Bulletins

This publication is one of a series of Technical Bulletins that FEMA has produced to provide guidanceconcerning the building performance standards of the NFIP. These standards are contained in 44 CFR60.3. The bulletins are intended for use primarily by state and local officials responsible forinterpreting and enforcing NFIP regulations and by members of the development community, such asdesign professionals and builders. New bulletins, as well as updates of existing bulletins, are issuedperiodically, as necessary. The bulletins do not create regulations; rather they provide specificguidance for conforming with the minimum requirements of existing NFIP regulations. Users of theTechnical Bulletins who need additional guidance concerning NFIP regulatory requirements shouldcontact the Mitigation Division of the appropriate FEMA regional office or the local floodplainadministrator. NFIP Technical Bulletin 0, the User’s Guide to Technical Bulletins, lists the bulletinsissued to date, provides a key word/subject index for the entire series, and lists addresses andtelephone numbers for FEMA’s 10 Regional Offices.

Ordering Information

Copies of FEMA Technical Bulletins can be obtained from the FEMA Regional Office that servesyour area. In addition, Technical Bulletins and other FEMA publications can be ordered from theFEMA Publications Distribution Facility at 1-800-480-2520. The Technical Bulletins are alsoavailable at the FEMA web site at www.fema.gov.

Further Information

The following publications contain information related to the guidance presented in this bulletin:

American Society of Civil Engineers. 1998. SEI/ASCE 24-98, Flood Resistant Design andConstruction.

Cedergren, H. R. 1977. Seepage, Drainage and Flow Nets. Wiley. New York.

Harr, M. E. 1977. Mechanics of Particulate Media. McGraw Hill. New York.

International Code Council. 2000. International Building Code. Birmingham, AL.

International Code Council. 2000. International Residential Code. Birmingham, AL.

U.S. Department of the Army, Corps of Engineers. 1986. EM 1110-2-1901, Seepage Analysis andControl for Dams. Washington, DC.

U.S. Department of the Army, Corps of Engineers. 1978. EM 1110-2-1913, Design and Constructionof Levees. Washington, DC.

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Glossary

Base Flood – The flood that has a 1-percent probability of being equaled or exceeded in any givenyear (also referred to as the 100-year flood).

Basement – Any area of a building having its floor subgrade (below ground level) on all sides.

Community – Any state or area or political subdivision thereof, or any Indian tribe or authorizedtribal organization, or Alaska Native village or authorized native organization, which has the authorityto adopt and enforce floodplain management regulations for the areas within its jurisdiction.

Federal Emergency Management Agency (FEMA) – The independent Federal agency that, inaddition to carrying out other activities, administers the NFIP.

Federal Insurance Administration (FIA) – The component of FEMA directly responsible foradministering the flood insurance aspects of the NFIP.

Flood Insurance Rate Map (FIRM) – The insurance and floodplain management map issued byFEMA that identifies, on the basis of detailed or approximate analysis, areas of 100-year flood hazardin a community.

Floodprone area – Any land area susceptible to being inundated by flood water from any source.

Mitigation Directorate – The component of FEMA directly responsible for administering the floodhazard identification and floodplain management aspects of the NFIP.

New construction/structure – For floodplain management purposes, new construction meansstructures for which the start of construction commences on or after the effective date of a floodplainmanagement regulation adopted by a community and includes subsequent improvements to thestructure. For flood insurance purposes, these structures are often referred to as “post-FIRM”structures.

Special Flood Hazard Area (SFHA) – Area subject to inundation by the base flood, designated ZoneA, A1-30, AE, AH, AO, V, V1-V30, or VE.

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