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FS8901-CS 881001Federal Emergency Management Agency W~hington, D.C. 20~72 October 1988 CONDITIONS AN~k CRITERIA FOR ISSUING LETTERS OF MAP REVISION (LOMas) INVOLVING FILL These conditions and criteria set forth the policy of the Federal Emergency Management Agency (FEMA) concerning requests to determine whether parcels of land and structures, which have been elevated by fill, are located within a Special Flood Hazard Area (SFHA) as shown on a Flood Insurance Rate Map (FIRM) or a Flood Hazard Boundary Map (FHBM). FEMA can issue a Letter of Map Revision (LOMR) under the National Flood Insurance Program (NFIP) regu- lations if a property owner submits documentation, routed through the com- munity Chief Executive Officer or an official designated by the CEO, that satisfies the criteria listed below. The issuance of a LOMR involving fill will result in the removal of the parcel of land or structures from the SERA. The policy discussed in this document does not address requests involving fill placed prior to the effective date of the first NFIP map designating the SFHA. Neither does it pertain to LOMRs effecting changes in Base (100-year) Flood Elevations (BEEs), floodway designations (except as indicated in para- graph 1-4 (2), coastal high hazard areas (V zones), and alluvial fan areas. 1-1 Definitions: The terms used in this document have the same meaning as those defined in Part 59.1 of the NFIP regulations at 44 CFR 59 e_~t seq. SFHAs indi- cate all lands subject to inundation by a flood having a one-percent or greater chance of b~ing equaled or exceeded each year--hereafter called the base flood. This flood elevation acronym is the BEE and the unit'of measure is feet above a given datum which is currently the National Geodetic Vertical Datum of 1929 (NGVD). A parcel of land is that which is legally defined by townships and ranges, metes and bounds, or sub- division plats which can include blocks and lots. 1-2 Criteria for Revision and Technical Sup~ortin~ Data Required: All requests for a LOMR involving fill must be supported by sufficient technical data to demonstrate mat the ent~Lre area within the beunds of a parcel of land or the structures have been elevated by fill to or above ~he base flood elevation and are not subject to inundatiOn by the base flood. For structures, it must be demonstrated that both the lowest floor (including basement) and the lowest finished grade adjacent to the structure have been elevated by fill to or above the BFE. Requests for LOMRs in. lying fill mumt~e eu~mitta4 through the community Chief Executive Officer to ensure community acknowledgement and review of the'~equest. The followi~ docu~e~_~-tion should be subm£tted to a£d FEMA in processing each LOMRrequest: A copy of the recorded deed indicatzLng the legal description of the ~arcel of land and the official recordation information (deed book volume and page n,,~her) and bearing the seal of the Recorder of Deeds · - 2 - be If the parcel of land is recorded on a plat map, a copy of the recorded plat indicating both the location of the parcel of land and the official recordation information (plat book volume and page number) and bearing the seal of the Recorder; if the parcel of land is not recorded on a plat map, copies of the tax map or other suit- able maps are required to aid F~"4A in accurately locating the property. For a parcel of land filled in its entirety, a topographic map indi- cating ground elevations and date of fill, certified by a registered professional engineer or licensed land surveyor. If a structure is involved, a topographic map showing ground elevation contours in relation to the NGVD of 1929 and date of fill, the location of the structure(s), and the elevation of lowest floor (including basement) and the elevation of the lowest adjacent grade to the structure(s). This information must be certified by a registered professional engineer or licensed land surveyor. F~MA's determination as to whether a structure can be removed from the SFHA will be based upon a comparison of the elevation of the lowest floor (including basement) and the elevation of the lowest adjacent grade with the elevation of the base flood. If the lowest floor including basement and the lowest adjacent grade are at or above the elevation of the base flood, the structure may be removed from the SFHA. Data to substantiate the BFE. If FEMA has completed a Flood In- surance Study (FIS), that data will be used. If F~A has not com- pleted an FIS, data should be obtained from an authoritative source such as the U.S. Army Corps of Engneers, U.S. Geological Survey, U.S. Soil Conservation Service and other Federal agencies, state and local water resouce departments, or a registered professional engineer. If BFEs have not previously been established on the FEMA maps, hydraulic calculations may also be available from the above authoritative sources. FEMA maps are available for review at all participating local government offices (generally in the Planning or Public Works Departments). You should submit a non-reduced photocopy of the part of the FEMAmap that covers the property and includes the panel number and da~e of the original map. f. A signed copy of the statement asserting the accuracy of the infor- mation submi~t~d_ (form en~itled, "Request for Letter of Map Revision"). g. A signed copy of the s~atement by the commun~ asserting that they have acknowledged and reviewed the revision request (form entitled, 'Community Acknowledgement of Request for Letter of Map Revision'). In addition, if the request is for more than one lot or structure, then an officia~ currently effective FEMAmap (FIP~ or FHBM), or a phot~graphic coif on which the legal metes and bounds of the property, including each lot within a subdivision, have been drawn as ac- curately as possible, is required. The map sub~/tted must bear the - 3 - seal of a licensed land surveyor or registered professional engineer to certify that the parcel of land is correctly located on the FEMA map based on the legal description of the property. Any parcel of land that has a flood boundary running through the bounds of that parcel should also have an accurately drawn location of the struc- ture(s) shown on the lot. A reproduction made from a photocopy of the FEMA map is unacceptable since the size of the map may be distorted. In addition, if the request is for more than one lot or structure, then a certification by the community building permit official or a registered professional engineer or soils engineer must be sub- mitted certifying the following: That the fill has been compacted to 95 percent of the maximum density obtainable with the Standard Proctor Test method for fill pads prepared for residential or commercial structure foundations; 2e that fill slopes for granular materials are not steeper than one vertical on one-and-one-half horizontal (steeper slopes must be justified); that adequate erosion protection is provided for fill slopes exposed to moving flood waters (slopes exposed to flows with velocities of up to 5 feet per secnnd (fps) during the 100-year flood must, at a minimum, be protected by a cover of grass, vines, weeds, or similar vegetation; slopes exposed to flows with velocities greater than 5 fps during the 100-year flood must, at a minimum, be protected by stone or rock riprap); and 4. that the fill has not been placed within an established regu- latory floodway. j ® In certain instances, additional data may be required for FEMA to make a determination. These data may consist of, but are not limited to, certifications by registered engineers or land surveyors as to the type of structure and whether it is elevated on posts, piers, pilings, or primary frontal sand dunes; hydraulic calculations on the flooding condition; and development plans indicating dates and extent of fill placement. Conditional LOMRs Conditional LOMRs may be issued for Proposed structUres on parcels of land which have been or will be elevated above the BFE by fill. To qualify for a Conditional LOMR, the proposed structures must meet the same criteria as existing structures constructed on land elevated by fill. After construction is completed, certified as-built information must be submitted to FEMA for a final determination. - 4 - F~A has initiated a reimbursement procedure to allow for the recovery of costs associated with the review of requests for Conditional LOMRs only, thereby reducing the expense to the general taxpayer. Further infor- mer-ton regarding this procedure is located in the final rule, published at 44 CFR Part 72~ Property owners and developers should note that a Conditional LOMR merely provides comment on the proposed plan and does not amend the map. It also does not relieve Federal agencies of the need to comply with Executive Order 11988 on Floodplain Management in carrying out their responsibilities for providing federally undertaken, financed, or assisted construction and improvements or in their regulating and licensing activities. 1-4 Special Considerations: (1) Sheet Flow Flooding (A0 Zones) In areas of sheet flow flooding (A0 Zone~)/ (except those located on alluvial fans), technical data must be submitted to indicate that the structure and adjacent grade have been elevated above the depth of shallow flooding, while maintaining adequate drainage paths to guide floodwaters around and away from structures. (2) Floodways The floodway is the channel of a river or other watercourse that must be reserved to efficiently carry the floodwaters. Appeals of all floodway designations should be directed to the community officials because the floodway is designated and adopted by the community. Appeals for parcels of land and/or structure(s) that have been inadvertently included (e.g., natural high grounds, no topographic alterations) in a regulatory or anticipated floodway may be sub- mitted to FEMA by the community. Appeals for parcels of land and/or structure(s) where fill has been placed within a floodway to elevate the land or structure(s) will not be issued under these procedures. These requests must be submitted to FEMA by the community in accordance with the Conditions and Criteria for Floodway Revisions and 44 Code of Federal Regulations, Part 65, specifically, Part 65.7. (3) Elevated Structures Buildings that have the lowest floor elevated on pos~s, piers, or pilings above the BFR in the SFHA will not be removed fro~ the SFHA if any portion of the structure (i.e.} pos~s or piers) is still in the SFHA. - 5 - (4) Coastal High Hazard Areas LOMRs involving fill will not be issued under these procedures of the NFIP regulations for property located in a designated or anticipated coastal high hazard area subject to wave action (V zone). Individuals who believe that their property has been incorrectly designated in a coastal high hazard area and is not subject to wave effects, can request a_zone change under the Part 65 procedures of the NFIP regulations. Technical data supporting their contentions should be submitted through the community for consideration by F~A. (5) Alluvial Fan Areas LOMRs involving fill will not be issued under these procedures of the NFIP regulations for property located in areas of alluvial fan flooding. Community officials can request a zone change for property included in an alluvial fan area under Part 65 procedures of the NFIP. (6) Levees LOMRs involving fill will not be issued under these procedures of the NFIP regulations for property protected by a levee, except when the property is being elevated above local drainage flooding desig- nated on a F~4A map within the protected area. Community officials can request a zone change as a result of the construction of a levee under Part 65 procedures of the NFIP. 1-5 FEMA Evaluation and Response: Upon receipt and after evaluation of the required data by F~4A, the community will be notified of the findings. Should a review of the evidence indicate that a change in FEMA maps is needed, a LOMR will be issued with copies transmitted to the state coordinating agency and the owner of the property, if applicable. The time required for FEMA to review requests of this nature will generally depend on the quality and completeness of the data submitted. Requests are usually evaluated within four (4) to eight (8} weeks of the receipt of all technical data required to review the case.. Insurance Purchase Requirement After Issuance of Property owners are required to purchase flood insurance as a condition of direct Federal or federally related financial assistance on a s~xuc- ture located in a designated SFHA on a FHBM or FIRM. Pet~ons seeking a LOMR should check with the lending institution that imposed the flood insurance requirement originally to ensure that if they are granted the LOMR, the lending institution will remove the require~ent. Although F~MA may issue a LOMR removing a structure or st~mctures fro~ the SFHA, it ia the lending institution's prerogative to require flood l~urance if it - 6 - 1-7 deems such action appropriate. If, however, the lending institution agrees to waive the flood insurance purchase requirement, the property owner~is eligible for a full refund of the premium paid for the current policy year, provided that no claim is pending or has been paid on the policy in question during the same policy year. For processing of the refund, the property owner need only provide the LOMR and evidence of the waiver of the flood insurance requirement from the lending institu- tion to the agency or broker who sold the policy. Appropriate Address: Requests for LOMRs referenced in this Conditions and Criteria should be submitted through the community to the appropriate F~A Regional office. If the request is for a determination involving a single lot or a single structure, the Regional office wall make the determination and issue the LOMR. (See attached FEMA Regional Office addresses). Ail other requests (i.e., unimproved parcels of land, subdivisions, or multiple structure(s) should be forwarded to the following address for disposition: Federal Emergency Management Agency Federal Insurance Administration Office of Risk Assessment Technical Operations Division 500 C Street, S. W. Washington, DC 20472 More specific information relating to LOMRs may be obtained by tele- phoning FEMA's Washington Office at (202) 646-2764. Attachments October 1988 FEMA REGIONAL OFFICES REGION I REGION VI (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont) FEMA, Natural & Technological Hazards Division J. W. McCormack Post Office and Courthouse Building, Room 462 Boston, Massachusetts 02109 REGION II (Arkansas, Louisiana, New Mexico, Oklahoma, and Texas) FE~A, Natural & Technological Hazards Division Federal Regional Center 800 North Loop 288 Denton, Texas 76201-3698 REGION VII (New York, Puerto Rico, New Jersey, and Virgin Islands) (Iowa, Kansas, .Missouri, and Nebraska) FEMA, Natural & Technological Hazards Division 26 Federal Plaza, Room 1351 New York, New York 10278 REGION III FEMA, Natural & Technological Hazards Division Federal Office Building 91~ Walnut Street KanMas City~ 5~ssouri 64106 REGION VIII (Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, and West Virginia) (Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming) F~4A, Natural & Technological Hazards Division Liberty Square Building (Second Floor) 105 South Seventh Street Philadelphia, Pennsylvania 19106 FEMA, Natural & Technological Hazards Division Denver FedeTal Center Box 25267 Building 710 Denver, Colorado 80225-0267 REGION IV (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, SOUth Carolina, and Tennessee} REGION IX (Arizona, California, Hawaii, and Nevada) FEMA, Natural & Technological Hazards Division 1371 Peach~ree Street, Northeast Suite 736 Atlanta, Georgia 30309 FEMA, Natural & Technological Hazards Division Building ]05 Presidio of San Francisco, California 94129 REGION V (Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin) REGION X (Alaska, Idaho, Oregon, and Washington) FEMA, Natural & Technological Hazards Division 175 West Jackson Boulevard Chicago, Illinois 60604 FEMA, Natural & Technological Hazards Division Federal Re~onal Center 130 228th Street, S.W. Bothell, Wash£ngton 98021-9796 Federal Emergency Management Agency Washington, D.C. 20a,72 REQUEST FOR LETTER OF MAP REVISION INVOLVING FILL This is to request that a determination be made as to whether or not a certain land area or structure is within a Special Flood Hazard krea. All documents submitted in support of this appeal are correct to the best of my knowledge. I understand that any false statement may be punishable by fins or imprisonment under Title 18 of the United States Code,,Section 1001. Date Signature of Applicant Federal Emergency Management Agency Washington, D.C. 20472 COMMUNITY ACKNOWLEDGMENT OF REQUEST FOR LETTER OF MAP REVISION INVOLVING FILL Community Name Property we hereby acknowledge receipt and review of this Letter of Map Revision request and have found that the project meets'~ll of our community's applicable floodplain management regulations, we understand that this request is being forwarded to FEMA for a possible map revision. Community Official's Signature Date Community Official's Title