The following questions and answers are from
FEMA's booklet Answers to Questions about the National Flood Insurance
Program - November 1997.
Introduction to the NFIP
1. What is the National Flood Insurance
Program (NFIP)?
The NFIP is a Federal program enabling property
owners in participating communities to purchase insurance protection against
losses from flooding. This insurance is designed to provide an insurance
alternative to disaster assistance to meet the escalating costs of repairing
damage to buildings and their contents caused by floods.
Participation in the NFIP is based on an
agreement between local communities and the Federal Government that states if a
community will adopt and enforce a floodplain management ordinance to reduce
future flood risks to new construction in Special Flood Hazard Areas, the
Federal Government will make flood insurance available within the community as a
financial protection against flood losses.
2. What is a Special Flood Hazard Area (SFHA)?
In support of the NFIP, FEMA has undertaken a
massive effort of flood hazard identification and mapping to produce Flood
Hazard Boundary Maps (FHBMs), Flood Insurance Rate Maps (FlRMs), and Flood
Boundary and Floodway Maps (FBFMs). Several areas of flood hazards are commonly
identified on these maps. One of these areas is the Special Flood Hazard Area (SFHA),
which is defined as an area of land that would be inundated by a flood having a
1 percent chance of occurring in any given year (also referred to as the base or
100 year flood). The 1 percent annual chance standard was chosen after
considering various alternatives. The standard constitutes a reasonable
compromise between the need for building restrictions to minimize potential loss
of life and property and the economic benefits to be derived from floodplain
development. Development may take place within the SFHA, provided that
development complies with local floodplain management ordinances, which must
meet the minimum Federal requirements. Flood insurance is required for insurable
structures within the SFHA to protect Federal financial investments and
assistance used for acquisition and/or construction purposes within communities
participating in the NFIP.
3. What is a flood?
"Flood" is defined in the Standard Flood
Insurance Policy (SFIP), in part, as:
A general and temporary condition of partial
or complete inundation of normally dry land areas from overflow of inland or
tidal waters or from the unusual and rapid accumulation or runoff of surface
waters from any source.
4. How does the NFIP benefit property owners?
Taxpayers? Communities?
Through the NFIP, property owners in
participating communities are able to insure against flood losses. By employing
wise floodplain management, a participating community can protect its citizens
against much of the devastating financial loss resulting from flood disasters.
Careful local management of development in the floodplains results in
construction practices that can reduce flood losses and the high costs
associated with flood disasters to all levels of government.
5. Is community participation mandatory?
Community participation in the NFIP is voluntary
(although some States require NFIP participation as part of their floodplain
management program). Each identified floodprone community must assess its flood
hazard and determine whether flood insurance and floodplain management would
benefit the community's residents and economy. However, a community that chooses
not to participate within 1 year after the flood hazard has been identified and
an NFIP map has been provided is subject to the ramifications explained in the
answer to Question 6.
A community's participation status can
significantly affect current and future owners of property located in Special
Flood Hazard Areas (SFHAs). The decision should be made with full awareness of
the consequence of each action.
6. What happens if a community does not
participate in the NFIP?
Flood insurance under the NFIP is not available
within that community. Furthermore, Section 202(a) of Public Law 93-234, as
amended, prohibits Federal officers or agencies from approving any form of
financial assistance for acquisition or construction purposes in a Special Flood
Hazard Area (SFHA). For example, this would prohibit loans guaranteed by the
Department of Veterans Affairs, insured by the Federal Housing Administration,
or secured by the Rural Housing Services. Under Section 202(b) of Public Law
93-234, if a Presidentially declared disaster occurs as a result of flooding in
a nonparticipating community, no Federal financial assistance can be provided
for the permanent repair or reconstruction of insurable buildings in SFHAs.
Eligible applicants may receive those forms of disaster assistance that are not
related to permanent repair and reconstruction of buildings.
If the community applies and is accepted into the
NFIP within 6 months of a Presidential disaster declaration, these limitations
on Federal disaster assistance are lifted.
7. Explain the discounts on premiums that can
be obtained in communities that qualify for the Community Rating System (CRS)
because they have floodplain management programs that go beyond the minimum
requirements to participate in the NFIP.
The NFIP's Community Rating System (CRS)
recognizes community efforts beyond the NFIP minimum standards by reducing flood
insurance premiums for the community's property owners. The discounts may range
from 5 to 45 percent. The discounts provide an incentive for new flood
mitigation, planning and preparedness activities that can help save lives and
protect property in the event of a flood.
8. What procedures must be followed for a
community to participate in the Community Rating System?
Participation in the CRS is voluntary. A
community in compliance with the rules and regulations of the NFIP may apply.
The community's Chief Executive Officer must appoint a CRS coordinator to handle
the application work and serve as the liaison between the community and FEMA.
The first step in the application process is for the community to obtain a copy
of the CRS Coordinator s Manual. which describes the program and gives details
on the eligible activities. The CRS coordinator should fill out and submit an
application for participation in the CRS. The CRS will verify the information
and arrange for flood insurance premium discounts.
9. How can a community acquire the CRS
Coordinators Manual and other information describing the program?
The CRS Coordinator s Manual. additional CRS
publications, or software may be ordered by writing, calling, or faxing a
request to the NFIP/CRS. All publications are free, and the computer software
for completing the application is also available at no charge.
Flood Insurance Information for Prospective
Buyers
10. Who may purchase a flood insurance policy?
NFIP coverage is available to all owners of
insurable property (a building and/or its contents) in a community participating
in the NFIP. Owners and renters may insure their personal property against flood
loss. Builders of buildings in the course of construction, condominium
associations, and owners of residential condominium units in participating
communities all may purchase flood insurance. Condominium associations may
purchase insurance coverage on a residential building, including all units, and
its commonly owned contents under the Residential Condominium Building
Association Policy (RCBAP). The unit owner may separately insure personal
contents as well as obtain additional building coverage under the Dwelling Form
as long as the unit owner's share of the RCBAP and his/her added coverage do not
exceed the statutory limits for a single family dwelling. The owner of a
nonresidential condominium unit may purchase only contents coverage for that
unit.
11. How can property owners or renters find
out if they are eligible to purchase flood insurance?
NFIP coverage is available only in participating
communities. Almost all of the nation's communities with serious flooding
potential have joined the NFIP. To learn if a community is participating in the
NFIP, contact a property insurance agent, a broker, or a community official, or
call the NFIP toll free number 1-800-427-4661.
12. How can a property owner determine if the
property is in a Special Flood Hazard Area (SFHA)?
FEMA publishes maps indicating a community's
flood hazard areas and the degree of risk in those areas. Flood insurance maps
usually are on file in a local repository in the community, such as the planning
and zoning or engineering offices in the town hall or the county building. A
property owner may consult these maps to find out if the property is in an SFHA.
A FEMA publication entitled "Guide to Flood Maps" will also help individuals
identify particular properties.
13. What types of property may be insured
against flood loss?
Almost every type of walled and roofed building
that is principally above ground and not entirely over water may be insured if
it is in a participating community. In most cases, this includes manufactured
(i.e., mobile) homes anchored to permanent foundations, but does not include
travel trailers or converted buses or vans. Contents of insurable walled and
roofed buildings also may be insured under separate coverage.
14. How is flood insurance purchased?
After a community joins the NFIP, a policy may be
purchased from any licensed property insurance agent or broker who is in good
standing in the State in which the agent is licensed or through any agent
representing a Write Your Own (WYO) company, including an employee of the
company authorized to issue the coverage.
The steps leading to the purchase of a flood
insurance policy are:
- A property owner or renter perceives a risk of
flooding to an insurable building or its contents and elects to purchase flood
insurance, or a lender making, renewing, increasing, or extending a loan, or
at any time during the term of the loan, informs the builder or potential
buyer that the building is in a Special Flood Hazard Area (SFHA) and flood
insurance must be purchased as required by the Flood Disaster Protection Act
of 1973 and the National Flood Insurance Reform Act of 1994. The builder or
borrower contacts an insurance agent or broker or a Write Your Own (WYO)
company.
- The insurance agent completes the necessary
forms for the builder or buyer. In the case of a building constructed in an
SFHA after the issuance of a Flood Insurance Rate Map (FIRM), the builder or
buyer must obtain an elevation certificate completed by a licensed engineer,
architect, surveyor, or appropriate community official.
- The insurance agent submits the application,
necessary elevation certification, and full premium to the NFIP or to a
participating WYO company.
15. How are flood insurance premiums
calculated?
A number of factors are considered in determining
the premium for flood insurance coverage. They include the amount of coverage
purchased; location; age of the building; building occupancy; design of the
building; and, for buildings in SFHAs, elevation of the building in relation to
the base flood elevation. Buildings eligible for special low cost coverage at a
predetermined, reduced premium rate are single-family and 1-4 family dwellings
located in zones B. C, and X. For these exceptions, certain loss limitations
exist depending on the amount of insurance purchased. (See the "Flood Hazard
Assessment and Mapping Requirements" section for definitions of flood zones.)
16. Is the purchase of flood insurance
mandatory?
The Flood Disaster Protection Act of 1973 and the
National Flood Insur ance Reform Act of 1994 mandate the purchase of flood
insurance as a condition of Federal or Federally related financial assistance
for acquisi tion and/or construction of buildings in SFHAs of any community. The
purchase of flood insurance on a voluntary basis is frequently prudent even
outside of SFHAs.
The Acts prohibit Federal agency lenders, such as
the Small Business Administration (SBA) and United States Department of
Agricuolture's (USDA) Rural Housing Service, and Government Sponsored
Enterprises for Housing (Freddie Mac and Fannie Mae) from making, guaranteeing,
or purchasing a loan secured by improved real estate or mobile home(s) in an
SFHA, unless flood insurance has been purchased, and is maintained during the
term of the loan.
The Acts apply to lenders under the jurisdiction
of Federal entities for lending institutions. These Federal entities include the
Board of Governors of the Federal Reserve System, the Federal Deposit Insurance
Corporation, the Comptroller of the Currency, the Office of Thrift Supervision,
the National Credit Union Administration, and the Farm Credit Administration.
The Act also requires Freddie Mac and Fannie Mae to implement procedures
designed to ensure compliance with the mandatory purchase requirements of the
Acts.
The purchase of flood insurance does not apply to
conventional loans made by Federally regulated lenders when the community in
which the building is located is not participating in the NFIP. Although Federal
flood insurance is not available for new construction or substantially improved
structures in CBRS areas, conventional loans may be made there by Federally
regulated lenders. In these cases, the lending institution is required to notify
the borrower that, in the event of a flood related Presidentially declared
disaster, Federal disaster assistance will not be available for the permanent
repair or restoration of the building. Federally regulated or insured lending
institutions are required in all cases to notify the borrower when the building
being used to secure a loan is in an SFHA.
17. Why is there a requirement to purchase
flood insurance in communities that have not suffered flooding in many years or
ever?
A major purpose of the NFIP is to alert
communities to the danger of flooding and to assist them in reducing potential
property losses from flooding. Therefore, FEMA determines flood risk through the
use of all available information for each community. Historical flood data are
only one element used in determining flood risk. More critical determinations
can be made by evaluating the community's rainfall and river flow data,
topography, wind velocity, tidal surge, flood control measures, development
(existing and planned), community maps, and other data.
18. Why is my lender requiring the purchase of
flood insurance?
For virtually every mortgage transaction
involving a structure in the United States, the lender reviews the current NFIP
maps for the community in which the property is located to determine its
relative location to the published SFHA and completes the Standard Flood Hazard
Determination Form (SFHDF). If the lender determines that the structure is
indeed located within the SFHA and the community is participating in the NFIP,
the borrower is then notified that flood insurance will be required as a
condition of receiving the loan. A similar review and notification is completed
whenever a loan is sold on the secondary loan market or perhaps when the lender
completes a routine review of its mortgage portfolio. This fulfills the lender's
obligation under the Flood Disaster Protection Act of 1973 and the National
Flood Insurance Reform Act of 1994 that requires the purchase of flood insurance
by property owners who are being assisted by Federal programs or by Federally
regulated institutions in the acquisition or improvement of land, or facilities,
or structures located or to be located within an SFHA.
19. What if I disagree with my lender's
determination that I am in the flood zone?
Property owners may not contest the requirement
if the lending institution has established the requirements as a part of its own
standard lending practices. However, if a lending institution is requiring the
insurance to meet mandatory flood insurance purchase requirements, the property
owner and lender may jointly request that FEMA review the lending institution's
determination. This request must be submitted within 45 days of the date the
lending institution notified the property owner that a building or manufactured
home is in the SFHA and flood insurance is required. In response, FEMA will
issue a Letter of Determination Review (LODR). The LODR does not result in an
amendment or revision to the NFIP map. It is only a finding as to whether the
building or manufactured home is in the SFHA shown on the NFIP map. The LODR
remains in effect until the NFIP map panel affecting the subject building or
manufactured home is revised.
20. What fees and data are required for LODRs?
A fee of $80 must be submitted with all LODR
requests. The fee payment may be in the form of a check or money order, in U. S.
funds, made payable to the "National Flood Insurance Program." The fee must be
accompanied by copies of the following: (1 ) the completed SFHDF; (2) the dated
notification letter to the property owner; (3) a letter, signed by the property
owner and lending institution, requesting FEMA's review; (4) an annotated copy
of the effective NFIP map panel for the community showing the location of the
structure or manufactured home; and (5) a copy of all material used by the
lending institution or designated third party to make the determination.
Coverage
21. How much flood insurance coverage is
available?
As of March 1,1995, the following coverage limits
are available:
| Building Coverage |
Emergency Program |
Regular Program |
| Single-family dwelling* |
$35,000 |
$250,000 |
| Other residential* |
$100,000 |
$250,000 |
| Non-residential or small business |
$100,000 |
$500,000 |
| - |
- |
- |
| Contents Coverage (per unit) |
|
|
| Residential |
$10,000 |
$100,000 |
| Non-residential including small business |
$100,000 |
$500,000 |
*Higher limits of basic coverage are available
under the emergency program in Hawaii, Alaska, U.S. Virgin Islands, and Guam.
22. What flood losses are covered?
The Standard Flood Insurance Policy (SFIP) Forms
contain complete definitions of the coverages they provide. Direct physical
losses by "flood" are covered. Also covered are losses resulting from flood
related erosion caused by waves or currents of water activity exceeding
anticipated cyclical levels, or caused by a severe storm, flash flood, abnormal
tidal surge, or the like, which result in flooding, as defined. Damage caused by
mudslides (i.e., mudflows), as specifically defined in the policy forms, is
covered.
23. What coverage is available in basements
and enclosed areas beneath the lowest elevated floor?
Coverage is provided for foundation elements,
including posts, pilings, piers, or other support systems for elevated
buildings. Coverage also is available for basement and enclosure utility
connections, certain mechanical equipment necessary for the habitability of the
building, such as furnaces, hot water heaters, clothes washers and dryers, food
freezers, air conditioners, heat pumps, electrical junctions, and circuit
breaker boxes. Finished structural elements such as paneling and linoleum, and
contents items such as rugs and furniture are not covered. The SFIP has a
complete list of covered elements and equipment.
24. What is a basement?
The NFIP's definition of "basement" includes any
part of a building where all sides of the floor are located below ground level.
Even though a room may have windows and constitute living quarters, it is still
considered to be a basement if the floor is below ground level on all sides.
25. Are losses from land subsidence, sewer
backup, or seepage of water covered?
These losses are covered only if the following
conditions are met:
a) There is a general and temporary condition of flooding in the area.
b) The flooding is the proximate cause of the land subsidence, sewer backup, or
seepage of water.
c) The land subsidence, sewer backup, or seepage damage occurs no later than 72
hours after the flood has receded.
d) The building is insured, at the time of the loss, for at least 80 percent of
its replacement cost or the maximum amount of insurance available under the NFIP.
26. What is Increased Cost of Compliance
coverage?
Increased Cost of Compliance (ICC) under the NFIP
provides for the payment of a claim to help pay for the cost to comply with
State or community floodplain management laws or ordinances from a flood event
in which a building has been declared substantially damaged or repetitively
damaged. When an insured building is damaged by a flood and the State or
community declares the building to be substantially damaged or repetitively
damaged, ICC will help pay for the cost to elevate, floodproof, demolish, or
relocate the building up to a maximum benefit of $15,000. This coverage is in
addition to the building coverage for the repair of actual physical damages from
flood under the Standard Flood Insurance Policy (SFIP).
27. Is there a limit to the amount a
policyholder can collect under ICC coverage?
Yes. The maximum amount a policyholder may
collect under ICC is $15,000. This amount is in addition to the amount the
policyholder will receive for physical damages by flood. The total amount the
policyholder will receive for combined physical structural damage from flood and
ICC is always capped by the maximum limit of coverage established by Congress.
The maximum amount collectible for both ICC and physical damage from flood for a
single family dwelling is $250,000.
Filing a Flood Insurance Claim
28. How does a policyholder file a claim for
flood loss?
A flood insurance policyholder should immediately
report any flood loss to the insurance company or agent who wrote the policy. A
claims adjuster will be assigned the loss, and the policyholder must file a
"proof of loss" within 60 days of the date of loss. A policyholder whose policy
is with a WYO company must follow the company's claim procedures. The 60 day
time limit for filing a proof of loss remains the same.
Floodplain Management Requirements
29. What is the role of the community in
floodplain management?
When the community chooses to join the NFIP, it
must adopt and enforce minimum floodplain management standards for
participation. FEMA works closely with State and local officials to identify
flood hazard areas and flood risks. The floodplain management requirements
within the SFHA are designed to prevent new development from increasing the
flood threat and to protect new and existing buildings from anticipated flood
events.
When a community chooses to join the NFIP, it
must require permits for all development in the SFHA and ensure that
construction materials and methods used will minimize future flood damage.
Permit files must contain documentation to substantiate how buildings were
actually constructed. In return, the Federal Government makes flood insurance
available for almost every building and its contents within the community.
Communities must ensure that their adopted
floodplain management ordinance and enforcement procedures meet program
requirements. Local regulations must be updated when additional data are
provided by FEMA or when Federal or State standards are revised.
30. Do State governments assist in
implementing the NFIP?
At the request of the Administrator of FIA, each
Governor has designated an agency of State or territorial government to
coordinate that State's or territory's NFIP activities. These agencies often
assist communities in developing and adopting necessary floodplain management
measures. Some States require more stringent measures than those of the NFIP.
31. Do Federal requirements take precedence
over State requirements?
The regulatory requirements set forth by FEMA are
the minimum measures acceptable for NFIP participation. More stringent
requirements adopted by the local community or State take precedence over the
minimum regulatory requirements established for flood insurance availability.
32. Do the floodplain management measures
required by the NFIP affect existing buildings?
The minimum Federal requirements affect existing
buildings only when an existing building is substantially damaged or improved.
There may also be situations where a building has been constructed in accordance
with a local floodplain management ordinance, and the owner subsequently alters
it in violation of the local building code, without a permit. Such unapproved
modifications to an existing building may not meet the minimum Federal
requirements.
33. What constitutes "substantial improvement"
or "substantial damage"?
"Substantial improvement" means any
rehabilitation, addition, or other improvement of a building when the cost of
the improvement equals or exceeds 50 percent of the market value of the building
before start of construction of the improvement. The term includes buildings
that have incurred "substantial damage." "Substantial damage" means damage of
any origin sustained by a building when the cost of restoring the building to
its predamaged condition would equal or exceed 50 percent of the market value of
the building before the damage occurred. Substantial damage is determined
regardless of the actual repair work performed.
Substantial improvement or damage does not,
however, include any project for improvement of a building to correct existing
violations of State or local health, sanitary, or safety code specifications
identified by local code enforcement officials and that are the minimum
necessary to assure safe living conditions. Also excluded from the substantial
improve ment requirement are alterations to historic buildings as defined by the
NFIP.
34. Do the floodplain management requirements
apply to construction taking place outside the SFHAs within the community?
The local floodplain management regulations
required by the NFIP apply only in SFHAs. However, communities may regulate
development in areas of moderate flood hazard.
35. Does elevating a structure on posts or
pilings remove a building from the Special Flood Hazard Area (SFHA)?
Elevating a structure on posts or pilings does
not remove a building from the SFHA. If the ground around the supporting posts
or pilings is within the floodplain, the building is still at risk. The
structure is considered to be within the floodplain, and flood insurance will be
required as a condition of receipt of Federal or Federally related financing for
the structure. The reason for this, even in cases where the flood velocity is
minimal, is that the hydrostatic effects of flooding can lead to the failure of
the structure's posts or pilings foundation. The effects of ground saturation
can lead to decreased load bearing capacity of the soil supporting the posts or
pilings, which can lead to partial or full collapse of the structure. Even small
areas of pending will be subject to the hydrodynamic effects of flooding; no
pond or lake is completely free of water movement or wave action. This movement
of water can erode the ground around the posts or pilings and may eventually
cause collapse of the structure.
Flood Hazard Assessment and Mapping Requirements
36. What is the difference between an FHBM and
a FIRM?
An FHBM is based on approximate data and
identifies, in general, the SFHAs within a community. It is used in the
Emergency Phase of the NFIP for floodplain management and insurance purposes. A
FIRM usually is issued following a flood risk assessment conducted in connection
with the community's conversion to the Regular Phase of the NFIP. If a detailed
assessment, termed a Flood Insurance Study, has been performed, the FIRM will
show base flood elevations and insurance risk zones in addition to floodplain
boundaries. The FIRM may also show a delineation of the regulatory floodway.
After the effective date of the FIRM, the community's floodplain management
ordinance must be in compliance with appropriate Regular Phase requirements.
Actuarial rates, based on the risk zone designations shown on the FIRM, are then
applied for newly constructed, substantially improved, and substantially damaged
buildings.
37. How are flood hazard areas and flood
levels determined?
Flood hazard areas are determined using
statistical analyses of records of riverflow, storm tides, and rainfall;
information obtained through consultation with the community; floodplain
topographic surveys; and hydrologic and hydraulic analyses. The FIS covers those
areas subject to flooding from rivers and streams, along coastal areas and lake
shores, or shallow flooding areas.
38. What is the role of the local community in
its flood hazard assessment?
In conducting a FIS, FEMA considers all available
information for use in the study. Public meetings are usually held with
community officials and other interested parties in an effort to obtain all
relevant information to help ensure accurate study results. FEMA also works
closely with community officials before and during the study to describe
technical and administrative procedures and to obtain community input before the
FIRM and collateral FIS report are published. Before the FIS is initiated, FEMA
representatives, the selected contractor, and community officials meet to
discuss the areas to be studied and the level of study required. This meeting is
called a "time and cost" meeting.
39. What flood hazard zones are shown on the
Flood Insurance Rate Map and what do they mean?
Several areas of flood hazard are commonly
identified on the FIRM. One of these areas is the SFHA, which is defined as the
area that will be inundated by the flood event having a 1 percent chance of
being equaled or exceeded in any given year. The 1 percent chance flood is also
referred to as the 100 year or "base" flood. SFHAs are labeled as Zone A, Zone
AO, Zone AH, Zones A1-30, Zone AK, Zone A99, Zone V, Zone VE, and Zones V1-30.
Moderate flood hazard areas, labeled Zone B or Zone X (shaded), are also shown
on the FIRM, and are the areas between the limits of the base flood and the 0.2
percent annual chance (or "500 year") flood. The areas of minimal flood hazard,
which are the areas outside the SFHA and above the 0.2 percent annual chance
flood level, are labeled Zone C or Zone X (unshaded). The definitions for the
various flood hazard areas are presented below.
Zone V: Areas along coasts subject to inundation
by the 100 year flood event with additional hazards associated with storm
induced waves. Because detailed hydraulic analyses have not been performed, no
base flood elevations or depths are shown. Mandatory flood insurance purchase
requirements apply.
Zones VE and V1-V30: Areas along coasts subject
to inundation by the 100 year flood event with additional hazards due to storm
induced velocity wave action. Base flood elevations derived from detailed
hydraulic analyses are shown within these zones. Mandatory flood insurance
purchase requirements apply. (Zone VE is used on new and revised maps in place
of Zones V1-V30.)
Zone A: Areas subject to inundation by the 100
year flood event. Because detailed hydraulic analyses have not been performed,
no base flood elevation or depths are shown. Mandatory flood insurance purchase
requirements apply.
Zones AE and A1-A30: Areas subject to inundation
by the 100 year flood event determined by detailed methods. Base flood
elevations are shown within these zones. Mandatory flood insurance purchase
requirements apply. (Zone AE is used on new and revised maps in place of Zones
A1-A30.)
Zone AH: Areas subject to inundation by 100 year
shallow flooding (usually areas of pending) where average depths are between one
and three feet. Base flood elevations derived from detailed hydraulic analyses
are shown in this zone. Mandatory flood insurance purchase requirements apply.
Zone AD: Areas subject to inundation by 100 year
shallow flooding (usually sheet flow on sloping terrain) where average depths
are between one and three feet. Average flood depths derived from detailed
hydraulic analyses are shown within this zone. Mandatory flood insurance
purchase requirements apply.
Zone A99: Areas subject to inundation by the 100
year flood event, but which will ultimately be protected upon completion of an
under construction Federal flood protection system. These are areas of special
flood hazard where enough progress has been made on the construction of a
protection system, such as dikes, dams, and levees, to consider it complete for
insurance rating purposes. Zone A99 may only be used when the flood protection
system has reached specified statutory progress toward completion. No base flood
elevations or depths are shown. Mandatory flood insurance purchase requirements
apply.
Zones B,C,and X: Areas identified in the
community FIS as areas of moderate or minimal hazard from the principal source
of flood in the area. However, buildings in these zones could be flooded by
severe, concentrated rainfall coupled with inadequate local drainage systems.
Local stormwater drainage systems are not normally considered in the community's
FIS. The failure of a local drainage system creates areas of high flood risk
within these rate zones. Flood insurance is available in participating
communities but is not required by regulation in these zones. (Zone X is used on
new and revised maps in place of Zones B and C.)
Zone D: Unstudied areas where flood hazards are
undetermined, but flooding is possible. No mandatory flood insurance purchase
requirements apply, but coverage is available in participating communities.
40. What is a regulatory floodway and who
designates it?
The regulatory floodway, which is adopted into
the community's floodplain management ordinance, is the stream channel plus that
portion of the overbanks that must be kept free from encroachment in order to
discharge the 1 percent annual chance flood without increasing flood levels by
more than 1.0 foot (some states specify a smaller allowable increase). The
intention of the floodway is not to preclude development. Rather, it is intended
to assist communities in prudently and soundly managing floodplain development
and prevent additional damages to other property owners. The community is
responsible for prohibiting encroachments, including fill, new construction, and
substantial improvements, within the floodway unless it has been demonstrated
through hydrologic and hydraulic analyses that the proposed encroachment will
not increase flood levels within the community. In areas that fall within the 1
percent annual chance floodplain, but are outside the floodway (termed the
"floodway fringe"), development will, by definition, cause no more than a 1.0
foot increase in the 1 percent annual chance water surface elevation. Floodplain
management through the use of the floodway concept is effective because it
allows communities to develop in flood prone areas if they so choose, but limits
the future increases of flood hazards to no more than 1.0 foot.
41. What procedures are available for changing
or correcting a Flood Insurance Rate Map?
FEMA has established administrative procedures
for changing effective FlRMs and FIS reports based on new or revised scientific
or technical data. A physical change to the affected FIRM panels and portions of
the FIS report is referred to as a "Physical Map Revision," or "PMR." Changes
can also be made by a Letter of Map Change (LOMC). The three LOMC categories are
Letter of Map Amendment (LOMA), Letter of Map Revision based on Fill (LOMR-F),
and Letter of Map Revision (LOMB). These LOMC categories are discussed in more
detail later.
42. What comprises technical or scientific
data?
In general, the scientific or technical data
needed to effect a map amendment or revision include certified topographic data
and/or hydrologic and hydraulic analyses to support the request for amendment or
revision.
43. What is a Physical Map Revision (PMR)?
A PMR is an official republication of a
community's NFIP map to effect changes to base (1 percent annual chance) flood
elevations, floodplain boundary delineations, regulatory floodways, and
planimetric features. These changes typically occur as a result of structural
works or improvements, annexations resulting in additional flood hazard areas,
or corrections to base flood elevations or SFHAs.
The community's Chief Executive Officer (CEO)
must submit scientific and technical data to FEMA to support the request for a
PMR. The data will be analyzed, and the map will be revised if warranted. The
community is provided with copies of the revised information and is afforded a
review period. When base flood elevations are changed, a 90 day appeal period is
provided. A 6 month period for formal approval of the revised map(s) is also
provided.
44. What is a Letter of Map Revision Based on
Fill (LOMR-F)?
A LOMR-F is an official revision by letter to an
effective NFIP map. A LOMR-F states FEMA's determination concerning whether a
structure or parcel has been elevated on fill above the base flood elevation and
is, therefore, excluded from the SFHA.
45. What is a Letter of Map Amendment (LOMA)?
A LOMA is an official revision by letter to an
effective NFIP map. A LOMA results from an administrative procedure that
involves the review of scientific or technical data submitted by the owner or
lessee of property who believes the property has incorrectly been included in a
designated SFHA. A LOMA amends the currently effective FEMA map and establishes
that a specific property is not located in an SFHA.
46. What is a Letter of Map Revision (LOMR)?
A LOMR is an official revision to the currently
effective FEMA map. It is used to change flood zones, floodplain and floodway
delineations, flood elevations, and planimetric features. All requests for LOMRs
should be made to FEMA through the chief executive officer of the community,
since it is the community that must adopt any changes and revisions to the map.
If the request for a LOMR is not submitted through the chief executive officer
of the community, evidence must be submitted that the community has been
notified of the request.
47. What is a conditional map revision?
NFIP maps must be based on existing, rather than
proposed, conditions. Because flood insurance is a financial protection
mechanism for real property owners and lending institutions against existing
hazards, flood insurance ratings must be made accordingly. However, communities,
developers, and property owners often undertake projects that may alter or
mitigate flood hazards and would like FEMA's comment before constructing them. A
Conditional Letter of Map Revision (CLOMP) is FEMA's formal review and comment
as to whether a proposed project complies with the minimum NFIP floodplain
management criteria. If it is determined that it does, the CLOMR also describes
any eventual revisions that will be made to the NFIP maps upon completion of the
project.
While obtaining a CLOMR may be desired, obtaining
conditional approval is not automatically required by NFIP regulations for all
projects in the floodway or 1 percent annual chance floodplain. A CLOMR is
required only for those projects that will result in a 1 percent annual chance
water surface elevation increase of greater than 1.00 foot for streams with BFEs
specified, but no floodway designated, or any 1 percent annual chance water
surface elevation increase for proposed construction within a regulatory
floodway. The technical data needed to support a CLOMR request generally involve
detailed hydrologic and hydraulic analyses and are very similar to the data
needed for a LOMR request.
In addition to the situations described above,
property owners and developers who intend to place structures in the 1 percent
annual chance floodplain may need to demonstrate to the lending institutions and
local officials before construction that proposed structures will be above the
base flood elevation. If the project involves only the elevation of structures
on natural high ground, they can request a Conditional Letter of Map Amendment (CLOMA)
from FEMA. If the elevation of structures on earthen fill is the sole component
of the project (i.e., there is no associated channelization, culvert
construction, etc., that would alter flood elevations) and there is no fill
placed in the regulatory floodway, they can request from FEMA a CLOMR based on
fill or a CLOMR-F. Requests for CLOMAs and CLOMRs should be made by the
community and addressed to the Mitigation Division Director at the appropriate
FEMA Regional Office or to the Hazard Identification Branch staff at the FEMA
Headquarters Office. The addresses of all Regional and Headquarters Offices are
provided in the NFIP Address and Telephone Directory at the end of this booklet.
Until a LOMR is issued, this property remains in the floodplain and is subject
to the community floodplain management ordinance and the mandatory flood
insurance purchase requirements.
48. Who should be contacted in FEMA to
initiate a LOMA, LOMR, or Physical Map Revision?
Requests for conditional and final map revisions
should be addressed to the Mitigation Division Director at the appropriate FEMA
Regional Office or to the Hazard Identification Branch staff at the FEMA
Headquarters Office. The addresses of the Regional and Headquarters Offices are
provided in the NFIP Address and Telephone Directory at the end of this booklet.
49. How long does it take to obtain a LOMA,
LOMR, or physical map revision?
For single-building or single-lot determinations
that do not involve changes to base flood elevations or floodways, a LOMA or
LOMR F generally can be issued within 4 weeks. LOMAs and LOMRs involving
multiple lots or multiple buildings require up to 8 weeks to process. Times are
specified from the date of receipt of all technical, scientific, or legal
documentation. LOMRs involving decreases in Base Flood Elevations (BFEs) or
floodways take approximately 90 days for processing. If changes in flooding
conditions are extensive or if BFEs increase, a physical map revision will be
required, which will take 12 months or longer.
50. If a LOMA, LOMR-F, or LOMR is issued by
FEMA, will a lending institution automatically waive the flood insurance
requirement?
Although FEMA may issue a LOMA, it is the lending
institution's prerogative to require flood insurance as a condition of its own
beyond the provisions of the Flood Disaster Protection Act of 1973 and the
National Flood Insurance Reform Act of 1994, before granting a loan or mortgage.
Those seeking a LOMA should first confer with the affected lending institution
to determine whether the institution will waive the requirement for flood
insurance if a LOMA is issued. If it will, the policyholder may cancel flood
insurance coverage and obtain a premium refund. If not, amending the NFIP map to
remove the structure from the SFHA will generally lower the flood insurance
premium.
51. If a LOMA, LOMR-F, or LOMR is granted and
the lender waives the requirement for flood insurance, how can a flood insurance
policy be cancelled?
To effect a cancellation of a flood insurance
policy, the policyholder must supply a copy of the LOMA, LOMR-F, or LOMR and a
waiver for the flood insurance purchase requirement from the lending institution
to the insurance agent or broker who services the policy. A completed
cancellation form with the LOMA, LOMR-F, or LOMR and the waiver must be
submitted by the agent to the NFIP or the appropriate WYO company.
When a LOMA, LOMR-F, or LOMR is issued and
cancellation requested, the policyholder may be eligible for a refund of the
premium paid for the current policy year only if no claim is pending and no
claim has been paid during the current policy year.
Presidential Disaster Declarations and the NFIP
52. Whan a major flooding event occurs
resulting in a Presidential disaster declaration, how does this affect the NFIP?
Although a Presidential disaster declaration is
not required for an NFIP policyholder to file a claim, it may provide additional
options to the policyholder to mitigate or prevent future damages. The
policyholder may gain valuable information from his or her local officials about
mitigation opportunities which may become available as a result of the
Presidential disaster declaration
53. What are examples of mitigation
opportunities that may become available following a Presidential disaster
declaration?
When major flooding disasters have affected a
region, it is common for communities and individuals to consider relocation,
acquisition or elevation of flood damaged structures. Property owners who
sustained extensive damages are often very interested in avoiding the recurrence
of such an experience. The feasibility of such mitigation projects must be
established on a case by case basis. It is important for a flood insurance
policyholder to be aware of these possibilities and contact local officials to
learn as much as possible.
54. Are there any specific programs available
associated with a Presidential disaster declaration to assist with mitigation?
Yes, the Hazard Mitigation Grant Program,
authorized under Section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act is FEMA's primary hazard mitigation program designed to
assist States and communities in implementing long term hazard mitigation
measures following a major disaster declaration. States manage this program and
may set State specific project criteria. Individuals with questions should
contact their local officials for more information. Through the Small Business
Administration, loans may be available to qualifying applicants to assist with
the costs of mitigation. Due to the need to coordinate many activities following
Presidential declarations, it is important for individual citizens to raise
their questions and concerns about these post-disaster mitigation opportunities
with their local community officials.
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