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Executive Order (EO) 11988 within HUD Regulations 24 CFR Part 55 details floodplain management. Specifically, HUD is seeking public comment on the language and option for the proposed HUD compliance aid for private flood insurance policies to demonstrate compliance with HUD… HUD’s floodplain management and environmental justice standards would not req uire any project to be rejected in the 500-year/.2% floodplain. When FEMA provides Advisory Base Flood Elevations (ABFE) or preliminary FIRMs and studies, HUD or the responsible entity must use the latest of these sources unless the ABFE or preliminary FIRM allow a lower Base Flood Elevation (BFE) than the current FIRM and FIS. Resource Links Refer to 55.1(c)(3)(i) and (ii) for construction requirements for projects permitted in coastal high hazard areas. A Regulatory Floodway comprises the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Fed eral agencies are directed to lead the Nation by exemplary demonstration of a comprehensive approach to floodplain management and to pre pare procedures for achieving the goals of the Order. A FEMA map showing the project is not located in a Special Flood Hazard Area. Floodplain Management Regulations ..... 4-2. Resources and assistance to support HUD's community partners. Regulation Executive Order 11988, Floodplain Management, requires Federal activities to avoid impacts to floodplains and to avoid direct and indirect support of floodplain development to the extent practicable. flood hazard with water surface elevations determined). 88 • Federal Flood Risk Management Standard (FFRMS) – When complying with this Order, 89 the floodplain shall be established using one of the following approaches: 90 o. Climate-informed Science Approach – The elevation and flood hazard area that h�bbd``b`J�@�� H0������$ ���0 ��
The property is located on Flood Insurance Rate Map (FIRM) Panel 5 of 5 no. 86 floodplain shall be established using the Federal Flood Risk Management Standard 87 (FFRMS). 9/30/2021) U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. For all other actions, financial assistance is prohibited unless the activity is an existing structure, an improvement of an existing structure or reconstruction following a disaster in accordance with 24 CFR 55.1(c)(3)(i). HUD regulation 24 CFR Part 55 implements Executive Order 11988, “Floodplain Management.” The purpose of EO 11988 is “to avoid to the extent possible the long and short term adverse impacts associated with the occupancy and modifications of floodplains and to avoid direct or Federal departments and agencies are charged by executive orders with incorporating floodplain management and wetland protection considerations in their respective Does 24 CFR 55.12(c) exempt this project from compliance with HUD’s floodplain management regulations in Part 55? Unified National Program for Flood plain Management (1976) of the Water Resources Council is cited by the Order to provide direction. of flood insurance, dis aster assistance and related Federal programs, and some State and local government floodplain management programs. 0
Ask a basic policy or reporting system question. One in four NFIP claims occur outside of SFHAs. Documentation supporting the determination that an exception at 55.12(c) applies. Resource Links. Steve Lawson, a multifamily builder from Virginia Beach, Va., and NAHB staff met last week with White House Office of Management and Budget officials to voice their concerns regarding HUD’s forthcoming Federal Flood Risk Management Standard (FFRMS) regulation.. The HUD floodplain management decision-making process at 24 CFR Part 55.20 contains eight steps, including public notice and an examination of practicable alternatives. ... (HUD) floodplain map or a more detailed map of an area, if available. 11988. This document and flow chart provide an eight step decision making process for complying with the floodplain management requirements of 24 CFR 55.20. Section 55.12(a) lists activities that must complete the modified 5-Step Process: these actions are not required to provide public notice or consider alternatives, but must complete the other steps in the 8-Step Process. Floodplain Management (24 CFR 55, Executive Order 11988) Background . Fairfax County, Virginia - The Fairfax County interactive FEMA-SFHA map displays Special Flood Hazard Areas as defined by the Federal Emergency Management Agency. 11988) signed May 24, 1977, 152 revoked and replaced Executive Order 11296 (E.O. The Flood Mitigation Assistance Program is a competitive grant program that provides funding to states, local communities, federally recognized tribes and territories. For critical actions, the FFRMS floodplain would be defined to include land that is either within the 500-year floodplain or less than three feet above the 100-year floodplain. The projects are not required to complete the 8-Step Process, and they may be able to proceed despite the presence of a floodway or coastal high hazard area. 100-Year Floodplains (or 1 Percent Annual Chance Floodplains) are areas near lakes, rivers, streams, or other bodies of water with at least a 1% chance of flood occurrence in any given year. HUD financial assistance is prohibited in floodways unless an exception in section 55.12(c) applies or the project is a functionally dependent use (e.g. *h�T�K��@�����ف@ժk*'p����8H
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s48�2�����2s��6Ʈ6�n�y�T7��;�f�Xͪui��Ԛ�O���/��;[7��`7�. Executive Order 11988 - Floodplain Management requires Federal activities to avoid impacts to floodplains and to avoid direct and indirect support of floodplain development to the extent practicable. A FEMA map showing the project is located in a Special Flood Hazard Area along with documentation of the 8-Step Process and required notices. For more information on finding best available information, see Floodplain Maps for HUD Projects. HUD’s regulations in 24 CFR Part 55 outline HUD’s procedures for complying with EO 11988. ... (HUD) floodplain map or a more detailed map of an area, if available. The purpose of EO 11988 is “to avoid to the extent possible the long and short term adverse impacts associated with the occupancy and modification of floodplains and to avoid direct or indirect support of floodplain development wherever there is a practicable alternative.” The proposed project(s) is located [at support of floodplain and wetland development that could result from the Proposed Action. Project Analysis: Direct impacts to the floodplain include converting about 1 acre of 100-year floodplain and 12 acres of 500-year floodplain to areas outside the floodplain. 2506-0177 (exp. structural flood control measures alone were inadequate to stem rising flood losses. The loss of floodplain area in the hospitals, nursing homes, police stations, fire stations, and roadways providing sole egress from flood-prone areas) to comply with Part 55 when they are located in the 500-year floodplain. Floodplain Management and Protection of Wetlands Rulemaking HUD recently finalized a rule that changes HUD regulations of floodplains and wetlands at 24 CFR part 55. During the webinar we will be using the acronym ORCF for Office of Residential Care Facilities, and we will also refer to this program as 232. dams, marinas, and port facilities) or a floodplain function restoration activity. Part 58, Floodplain Management, Wetlands, Flood Insurance Field Offices Locate your nearest HUD environmental staff person who can help you understand how to use the environmental assessment process to improve the quality of your project. Determinations on Floodplain Management, to determine the potential affect that its activity in the floodplain and wetland will have on the human environment for [Program Name] under [HUD grant or contract number] . 11296), issued August 10, 1966. A permanent covenant is placed on the property's continued use to preserve the floodplain. Executive Order 11988 – Floodplain Management Executive 11988 on floodplain management requires a special review process for projects located in a floodplain. §55.28 Use of individual permits under section 404 of the Clean Water Act for HUD Executive Order 11990 processing where all wetlands are covered by the permit. Floodplain Management (Executive Order 11988) EXECUTIVE ORDER No. Floodplain Management contacts. Resource Links 24 CFR Part 55: Floodplain Management and Protection of Wetlands (HTML) The FEMA Map Service Center provides this information in the form of FEMA Flood Insurance Rate Maps (FIRMs). Moving forward the federal standard applies to substantial rebuilding projects (i.e. Floodplain management is a community-based effort to prevent or reduce the risk of flooding, resulting in a more resilient community. The FFRMS expands floodplain management requirements well-beyond long-standing rules tied to the 100-year floodplain. 21 0 obj
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It 153 establishes a general policy and cites specific requirements for compliance by Federal executive 154 agencies (hereafter referred to as agencies). Yet, a decade later, annual flood … HUD has prepared flow charts illustrating how to comply with Part 55 for non-critical actions and critical actions. Federal departments and agencies are charged by executive orders with incorporating floodplain management and wetland protection considerations in their respective Find answers to frequently asked questions. Each zone reflects the severity or type of potential flooding in the area. Title: 8 Step Decision-Making Process for Executive Order 11988 Author: HUD Created Date: 12/2/2009 4:04:19 PM If the RE/HUD agrees with this recommendation, the review is in compliance with this If project is exempt under 55.12(c)(6) or (8), provide supporting documentation. We are focusing not only on HUD's floodplain management regulation but also on specific multifamily and Office of Residential Care Facilities flood requirements. Projects may be exempted under the incidental floodplain exception if: For a visual representation of the incidental floodplain exception, see Incidental Floodplain Exception, Illustrated. Federal Flood Risk Management Standard Floodplain. Activities listed in 55.12(c) include floodplain restoration, minor amendments to previously approved actions, sites where FEMA has issued a final Letter of Map Revision or final Letter of Map Amendment, actions that are Categorically Excluded Not Subject to 50.4 or 58.5, and sites where the “incidental floodplain exception” applies. This applies to hospitals, nursing homes, fire and police stations, and roads providing sole egress from flood-prone areas. It was followed by es tablishment . The Federal Emergency Management Agency (FEMA) designates floodplains as geographic zones subject to varying levels of flood risk. Section 55.12(b) lists project types that must comply with the basic restrictions in Part 55 (i.e. %PDF-1.5
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Online The Office of Environment and Energy (OEE) hosted a webinar to educate HUD recipients, applicants, and their partners on Floodplain Management and Wetlands Protection regulations at 24 CFR Part 55 implementing Executive Orders 11988 and 11990. Zones designated A and AE are delineated, and watershed boundaries are displayed. OMB No. h�b```f``e n�a`ʱ0pL`Wf`�a��`�`h s����A�����,R
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Search for a specific grantee and view its awards, contact information, and reports, and more. If the project occurs in a 500-year floodplain (B Zone or shaded X Zone), the 8-Step Process is required for critical actions unless it is inapplicable per 55.12(b) or the 5-Step Process is applicable per 55.12(a). Executive 11988 on floodplain management requires a special review process for projects located in a floodplain. Introduction 151 Executive Order 11988 – Floodplain Management(E.O. If the project occurs in a floodway, federal assistance may not be used at this location unless the project is a functionally dependent use or floodplain function restoration activity or a 55.12(c) exception applies. ☐ Yes Provide the applicable citation at 24 CFR 55.12(c) here. If it is a functionally dependent use or restoration activity, the 8-Step Process is required. If the project occurs in a Coastal High Hazard Area (V Zone), federal assistance may not be used at this location if the project is a critical action. WASHINGTON, DC 20410-1000. Title: 8 Step Decision-Making Process for Executive Order 11988 Author: HUD Created Date: 12/2/2009 4:04:19 PM 11990], in accordance with HUD regulations at 24 CFR 55.20 Subpart C Procedures for Making Determinations on Floodplain Management, to determine the potential affect that its activity in the floodplain and wetland will have on the human environment for [Program Name] under [HUD grant or contract number]. Coastal High Hazard Areas (or V Zones) are areas along the coasts subject to inundation by the 1% annual chance flood event with additional hazards associated with storm or tidal induced waves... Because of the increased risks associated with V Zones, Part 55 prohibits critical actions and new construction in these areas unless an exception in section 55.12(c) applies or the project is a functionally dependent use, and otherwise requires the action to be designed for location in a Coastal High Hazard Area. Floodplain Management (Executive Order 11988) EXECUTIVE ORDER No. Floodplain Management 8 Step Decision Making Process Case Study (DOC) Floodplain Management 8 Step Decision Making Process Flow Chart (PDF) If such maps are not available, the agency shall make a determination of the location of the floodplain based on the best available information. The purpose of EO With respect to wetlands, the rule codifies existing procedures for Executive Order 11990, Protection of Wetlands. %%EOF
The environmental review record should contain one of the following: View Floodplain Management - Partner Worksheet. If the project is not exempt under section 55.12(c), use a FEMA Flood Insurance Rate Map (FIRM) to determine whether the project is in or near a floodplain. Executive Order 11988 - Floodplain Management requires Federal activities to avoid impacts to floodplains and to avoid direct and indirect support of floodplain development to the extent practicable. 78 FR 68719 - Floodplain Management and Protection of Wetlands: On 11/15/2013, HUD published a new rule on the regulations governing the protection of wetlands and floodplains. Part 55 applies to all HUD actions that could be harmed or cause harm if located in a floodplain, including but not limited to proposed acquisition, construction, demolition, improvement, disposition, and financing actions under any HUD program. For more detailed information on the different types of floodplains, see FEMA Flood Zones. If the project involves new construction or substantial improvement (as defined in 24 CFR 55.2(b)(10), NFIP regulations require that the affected structure(s) be elevated to the base flood elevation. However, the proposed action meets all of the criteria at 24 CFR 55.12(a), so a 5-step floodplain analysis is applicable (i.e. when damage exceeds 50 percent of the value of the structure) that will rely on federal funding. For more information on basic responsibilities and definitions, refer to 24 CFR 55.1 and 55.2. This document provides a flowchart that allows the user to determine whether a project complies with Part 55. Part 55: Floodplain Management and Wetlands Protection Webinar, FEMA Map Service Center Flood Insurance Rate Maps (FIRMs), Sample Floodplain and Wetland Notices - English and Spanish, 2020 US Department of Housing and Urban Development, Incidental Floodplain Exception, Illustrated, View Floodplain Management - Partner Worksheet, Floodplain Management 8 Step Decision Making Process, Adoption of Flood Insurance Rate Maps by Participating Communities, National Flood Insurance Program (NFIP) Website, Federal Emergency Management Association (FEMA) Floodplain Management Requirements: A Study Guide and Desk Reference for Local Officials, EPA Green Infrastructure: Managing Wet Weather, EPA National Menu of Stormwater Best Management Practices, EPA Stormwater Management Low Impact Development Strategies, Natural and Beneficial Functions of Floodplains, National Association of Flood and Stormwater Management Agencies, Natural Resources Conservation Service (NRCS) Floodplain Conservation Easement, Smartgrowth for Coastal and Waterfront Communities, NAFSMA Guidance for Stormwater Management Funding, Floodplain Management Bulletin: Historic Structures, 78 FR 68719 - Floodplain Management and Protection of Wetlands, No new or existing buildings or improvements occupy or modify the 100-year floodplain, floodway, coastal high hazard area, or – for critical actions – the 500-year floodplain, Provisions are made for site drainage that will not adversely affect any wetland, AND. Explore featured publications and browse regulations, policy guidance, toolkits, and other resources. It also does not impact insurance rates under the National Flood Insurance Program, which is administered by the Federal Emergency Management Agency. Find award and allocation amounts for grantees by year, program, and state. Executive Order 11988 24 CFR 55 A FEMA map showing the project is located in a Special Flood Hazard Area, documentation that the 5-Step Process was completed, and the applicable citation to 55.12(a). the prohibitions on projects in floodways and critical actions in coastal high hazard areas) but which are not required to complete the 5- or 8-Step Processes. The Federal Emergency Management Agency (FEMA) designates floodplains.
Note that although Part 55 does not contain elevation requirements for non-critical actions, projects involving new construction and substantial improvements (as defined in 55.2(b)(10)) must be elevated or, for nonresidential structures, floodproofed to the base flood elevation of the floodplain in order to get flood insurance from FEMA. State or local law or program policy may require additional elevation (or “freeboard”) beyond the minimum elevation requirements set by FEMA. Where available, FEMA maps indicate floodplains as follows: For projects in areas not mapped by the FEMA, use the best available information to determine floodplain information. Non-Special Flood Hazard Areas are areas with moderate-to-low risk of flooding; however, it is important to remember that floods still occur frequently in these areas. The FEMA Map Service Center provides this information in the form of FEMA Flood Insurance Rate Maps (FIRMs) or Flood Hazard Boundary Map. Guidance is also available on Part 55 Floodplain Management Compliance: Non-Critical Actions. Steps 2, 3 and 7 are not required): 1. However, the proposed action meets all of the criteria at 24 CFR 55.12(a), so a 5-step floodplain analysis is applicable (i.e. These include disposition of properties, purchase and refinance of existing multifamily housing or healthcare facilities, and minor improvements to multifamily housing and nonresidential structures. Multiple groups with a stake in protecting their communities from flooding carry out floodplain management functions including zoning, building codes, enforcement, education and other tasks. HUD projects within a 100-Year Floodplain must complete the 8-Step Decisionmaking Process to determine whether there are practicable alternatives to locating the project in the floodplain, unless an exception in section 55.12 applies. If such maps are not available, the agency shall make a determination of the location of the floodplain based on the best available information. Does your project occur in a floodplain? Request in-depth assistance with implementing a HUD-funded program. Sources which merit investigation include the files and/or studies of other federal agencies, such as the U. S. Army Corps of Engineers, the Tennessee Valley Authority, the Soil Conservation Service and the U. S. Geological Survey. A FEMA map showing the project is located in a Special Flood Hazard Area and an applicable citation to 55.12(b) demonstrating that the 8-Step Process is not required. Floodplain Management and Protection of Wetlands Rulemaking HUD recently finalized a rule that changes HUD regulations of floodplains and wetlands at 24 CFR part 55. hޤ�mo�0���}�>d~���HI�t��. It is important to note that the entire floodplain must be incidental, meaning that this exception does not apply if any buildings or improvements exist within the SFHA. This is the segment of the floodplain that will generally carry flow of flood waters during a flood and is typically the area of greatest risk to structures in the floodplain. HUD Regulations 24 CFR Part 55 details floodplain management. During the webinar we will be using the acronym ORCF for Office of Residential Care Facilities, and we will also refer to this program as 232. Yes, HUD assistance may be used for critical actions in the 100-year and 500-year floodplain if there are no practicable alternatives (for example, the entire locality is located in the 500 -year floodplain) and the mitigation measures required in 55.20(e)(3) are incorporated into the project. 11988. 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