The National Flood Insurance
Program
A Program Overview
NYS Department of Environmental Conservation
DEC Floodplain
Coordinators
Central Office
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Bill Nechamen, CFM
Kelli Higgins-Roche, CFM
Rick Tuers
Dondi Saltsman
(518) 402-8146
(518) 408-0340
(518) 402-8148
(518) 402-8215
NYS Department of Environmental Conservation
DEC NFIP Regional Coordinators
REGIONAL OFFICES
Region 3: New Paltz
Mark Lewis
845-256-3822
Region 4: Schenectady
Tom Blanchard, CFM
518-357-2379
NYS Department of Environmental Conservation
The National Flood Insurance
Act of 1968
The National Flood Insurance Act created the
Federal Insurance Administration and directed it
to:
•Identify flood-prone areas within the U.S.
•Establish flood-risk zones within those areas.
•Require new and substantially improved buildings be
constructed in ways that minimize flood damage.
•Transfer cost of private property flood losses from
taxpayer to property owner.
NYS Department of Environmental Conservation
Flood Disaster Protection Act
of 1973
Significant expansion of the NFIP and required:
• Acceleration of flood insurance studies
• Notification of flood-prone communities
• Mandatory purchase requirement
• Participation in the NFIP for Federal
assistance
NYS Department of Environmental Conservation
National Flood Insurance
Reform Act of 1994
• Expanded flood insurance purchase
requirements / Lender penalties for noncompliance
• Requires lenders to determine if structure is
located in a flood hazard area
• Flood disaster assistance requires
maintenance of flood insurance policy
• Increased Cost of Compliance -- allows
insurance payment to elevate, demolish or
relocate structure
NYS Department of Environmental Conservation
Federal Role
• Risk identification/mapping
• Establish development/building
standards
• Provide affordable flood insurance
coverage
NYS Department of Environmental Conservation
State Role
• Establish development/building
standards
– State building code
– Model local law for flood damage
prevention
• Provide technical assistance to local
communities/agencies
• Under contract with FEMA, evaluate
and document community/agency
floodplain management activities
NYS Department of Environmental Conservation
Local Role
• Adopt local floodplain management
laws
• Issue or deny development/building
permits
• Inspect development
• Maintain records
NYS Department of Environmental Conservation
Definitions
NYS Department of Environmental Conservation
Definition of Special Flood
Hazard Area
“Darkly shaded area on a Flood Hazard
Boundary Map or a Flood Insurance
Rate Map which identifies that area that
has a 1 percent chance of being flooded
in any given year. The FIRM identifies
these shaded areas as flood zones A,
AO, AH, A1-30, AE, A99, V, V1-30, and
VE.”
NYS Department of Environmental Conservation
Definition of Base Flood
• A flood that has a one-percent chance of
being equaled or exceeded in any given year.
It often is referred to as the "100-year" flood.
– 26% chance of occurring in a 30-yr period
– 39% chance of occurring in a 50-yr period
– 63% chance of occurring in a 100-yr period
NYS Department of Environmental Conservation
Definition of Floodway
“...means 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 one foot.”
Also referred to as the “Regulatory
Floodway.”
NYS Department of Environmental Conservation
Hydraulics – Floodway Example
NYS Department of Environmental Conservation
Definition of Lowest Floor
“...means 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 a building’s
lowest floor, provided that such enclosure is
not built so as to render the structure in
violation of the applicable non-elevation
design requirements of this ordinance.”
NYS Department of Environmental Conservation
Lowest Floor Elevations
Slab Foundation
Lowest
Floor
NYS Department of Environmental Conservation
Lowest Floor Elevations
Crawl-Space Foundation
Opening
(typical)
Lowest
Floor
NYS Department of Environmental Conservation
Lowest Floor Elevations
Split Level
Garage
Lowest
Floor
NYS Department of Environmental Conservation
Lowest Floor Elevations
Basement Foundation
Basement
Lowest Floor
NYS Department of Environmental Conservation
Definition of Basement
• Basement or Cellar is that portion of a
building having its floor subgrade (below
ground level) on all sides.
NYS Department of Environmental Conservation
Definition of Development
“...means any man-made change to
improved or unimproved real estate,
including but not limited to buildings or
other structures, mining, dredging,
filling, grading, paving, excavation or
drilling operations or storage of
equipment or materials.”
NYS Department of Environmental Conservation
Definition of
Substantial Improvement
Any reconstruction, rehabilitation,
addition, or other improvements of
a structure, the cost of which
equals or exceeds 50% of the
market value of the structure before
the “start of construction” of the
improvement.
NYS Department of Environmental Conservation
Definition of Substantial
Improvement...
This term includes structures
which have incurred “substantial
damage”, regardless of the actual
repair work performed.
NYS Department of Environmental Conservation
Definition of Substantial Damage
Damage of any origin sustained by a
structure whereby the cost of restoring the
structure to its before damaged condition
would equal or exceed 50% of the market
value of the structure before the damage
occurred.
NYS Department of Environmental Conservation
Substantial Improvement or
Damage Does Not Include...
Any project for improvement of a
structure to correct existing violations of
state or local health, sanitary, or safety
codes which have been identified by the
local code enforcement official and
which are the minimum necessary to
assure safe living conditions or...
NYS Department of Environmental Conservation
Substantial Improvement or
Damage Does Not Include...
Any alteration of an
“historic structure”,
provided that the
alteration will not
preclude the
structure’s
continued
designation as an
“historic structure.”
NYS Department of Environmental Conservation
Requirements For Substantial
Improvement
Substantially improved structures are
considered NEW CONSTRUCTION
and must meet all of the minimum
building standards of the NFIP.
NYS Department of Environmental Conservation
Flood Insurance
Studies and Maps
Use the FIRM to
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Identify Special Flood Hazard Areas
Identify the location of specific property
Estimate BFE at a specific site
Determine flood insurance zone at a specific
site
• Determine the location of the regulatory
floodway
NYS Department of Environmental Conservation
Types of Maps
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Flood Hazard Boundary Maps (FHBM)
Flood Insurance Rate Map (FIRM)
Flood Boundary Floodway Map (FBFM)
Digital Flood Insurance Rate Map
(DFIRM)
NYS Department of Environmental Conservation
Level of Detail
• Approximate study--delineates "100year" floodplain boundaries; does not
determine base flood elevations or
depths
• Detailed study--determines base flood
elevations (BFEs) or depths to be
displayed on FIRM
NYS Department of Environmental Conservation
Reading a FIRM
Open Map Index and Find Panel
Older maps are by
Community. Newer
maps are by County.
Moving towards
County-wide and
Watershed based
Mapping.
NYS Department of Environmental Conservation
Some Map Features
Wavy Line used when Flood
Elevation Varies along Watercourse;
Label used when flood elevation
is uniform over large area.
NYS Department of Environmental Conservation
Older “Flat” Maps
NYS Department of Environmental Conservation
Flood
Boundary
& Floodway
Map
SUTTER BLVD BRIDGE
Flood Profile Example
ELEVATION (FEET NGVD)
531
100-YEAR FLOOD
500-YEAR FLOOD
MONTEREY AVE BRIDGE
532
530
50-YEAR FLOOD
10-YEAR FLOOD
529
STREAM BED
528
527
A
C
B
D
E
526
0
50
100
150
STREAM DISTANCE IN FEET ABOVE CONFLUENCE WITH LAKE HIGHTOWER
NYS Department of Environmental Conservation
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Who Must Get Local
Floodplain Development
Permits
Private Developers
Counties
Cities, Towns or Villages
School Districts
Public Improvement Districts
Established by Section 36-0107 of
Environmental Conservation Law
NYS Department of Environmental Conservation
Human Caused Watercourse
Alterations: Local Requirements
• Local Permits Required for Floodplain Development
• LOMR may be Required
• Provide required notifications of changes in existing
watercourses to...
– FEMA
– DEC
– Adjacent Communities
Note: Permit holder must provide for
maintenance of altered portion of watercourse in
perpetuity.
NYS Department of Environmental Conservation
The Elevation Certificate
• Administrative tool of
the NFIP
• Policy rating
• Support of map
revisions and
amendments
• Certify building
elevations
• Community compliance
Download at:
NYS Department of Environmental Conservation
http://www.fema.gov/business/nfip/elvinst.shtm
Elevation Requirements for
Zones AE, AH, and A1-30
• All new construction and substantial
improvement shall have the Lowest Floor,
including basement, elevated to or above the
BFE (Plus 2’ Freeboard if Residential
Construction)
• The reference level for the lowest floor is
measured at the top of the sub-floor
Residential Building Code: R322.2.1
Building Code Section 1612.4: Refers to ASCE 24
NYS Department of Environmental Conservation
Elevation Requirements:
Zone A- NO Base Flood
Elevation Data
• All new construction or substantial
improvement, shall have the lowest floor,
including basement, elevated at least three
feet above the highest adjacent grade. (DEC
Model Local Law; NYS Residential Building
Code, R323.1.3.2)
• For subdivisions or other developments over
50 lots or 5 acres, applicant must provide
flood elevation data and build accordingly.
(FEMA Regulations: 44CFR60.3(b)(3))
NYS Department of Environmental Conservation
Elevation Requirements:
Zone A- NO Base Flood
Elevation Data
• If there is a Base Flood Elevation from a
reputable source, then use it.
– NYS DEC
– Corps of Engineers
– NRCS
– Historic Flood Data
– Other engineering study, including for
development of over 5 acres or over 50
lots
NYS Department of Environmental Conservation
Unnum be re d A Z O NE RE F E RE NC E L E V E L S
(D E P T H 3 F E E T )
HIG HEST ADJACENT G RADE
LO W EST FLO O R REFERENCE LEVEL
FINISHED G RADE
3 FEET
H IG H E S T A D JA C E N T G R A D E - HIG HE S T NA T UR A L G R A D E
A D J A C E NT T O T HE F O O T P R INT O F T HE B UIL D ING P R IO R
T O C O NS T R UC T IO N.
NYS Department of Environmental Conservation
Requirements in the Floodway
• No new development, including fill, in
designated floodways that would
increase flood heights.
• Developer must submit a hydraulic
analysis which determines no rise in
flood heights.
• If there is any rise, project must be
reconfigured or maps revised.
• No variances for development in
floodway.
NYS Department of Environmental Conservation
Construction Standards:
Elevated Foundations
• Fill
• Perimeter Wall
• Pile
NYS Department of Environmental Conservation
Slab on Fill
Fill
Standards for Elevation on Fill
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Compaction
Will not settle below BFE
Slopes
Protection
Not in Floodway
Lowest floor must remain above BFE + 2
NYS Department of Environmental Conservation
Perimeter Wall Foundation
Opening
(typical)
Standards for Elevation on
Perimeter Wall Foundations
• Fully enclosed areas below the lowest
floor shall be designed to automatically
equalize hydrostatic flood forces on
exterior walls by allowing for the entry
and exit of floodwaters
NYS Department of Environmental Conservation
Minimum Standards for
Foundation Openings
• A minimum of two openings having a
total net area of not less than one
square inch for every square foot of
enclosed area subject to flooding. The
bottom of all openings shall be no
higher than one foot above grade.
• Openings may be equipped with
screens, louvers, valves, or other
“automatic” coverings
NYS Department of Environmental Conservation
Pile Foundation
Post or Pile Foundations
• Have much greater resistance to lateral
loads
• Should be used in areas of deep
flooding and/or high velocities
• Over-the-top ties or frame ties must be
used on manufactured homes to resist
wind and water forces
NYS Department of Environmental Conservation
Anchoring and Elevated
Foundations
All structures must be properly
anchored.
--------------When elevating a manufactured
home above the BFE, the home
must be anchored to the foundation
or ground to resist wind and water
forces.
NYS Department of Environmental Conservation
NYS Department of Environmental Conservation
Floodproofing
ONLY NON-RESIDENTIAL
STRUCTURES MAY BE
FLOODPROOFED IN LIEU OF
ELEVATION.
PE or Architect
Certification Required
NYS Department of Environmental Conservation
Standards For Utilities And
Building Systems
All new construction and substantial
improvement shall be constructed with
electrical, HVAC, plumbing and other
service facilities elevated or
floodproofed to prevent water from
entering or accumulating within the
components during conditions of
flooding. (Resid. Code of NYS: R323.1.5)
NYS Department of Environmental Conservation
UTILITY LOCATION SCHEMATIC
ATTIC WATER
HEATER
ATTIC
HVAC
PROPANE TANK
WELL HEAD
BFE
BFE
SEPTIC
TANK
Technical Bulletins
http://www.fema.gov/fima/techbul.shtm
• Guide-01 User's Guide to Technical
Bulletins
• 1-93 Openings in Foundation Walls:
• 2-93 Flood-Resistant Materials
Requirements
• 3-93 Non-Residential Floodproofing
• 4-93 Elevator Installation
• 5-93 Free-of-Obstruction
Requirements
• 6-93 Below-Grade Parking
Requirements
• 7-93 Wet Floodproofing
Requirements
• 8-96 Corrosion Protection for
Metal Connectors in Coastal
Areas
• 9-99 Design and Construction
Guidance for Breakaway Walls
Below Elevated Coastal Buildings
• 10-01 Ensuring that Structures
Built on Fill In or Near Special
Flood Hazard Areas are
Reasonably Safe From Flooding
• 11-01 Crawlspace Construction
for Buildings Located in Special
Flood Hazard Areas
NYS Department of Environmental Conservation
If a Structure is substantially
damaged and is not brought
into compliance with the
regulations and L.L., how will
this impact flood insurance?
NYS Department of Environmental Conservation
2011 - Existing Pre FIRM Structure,
With Basement
$100,000 coverage
BFE 10 NGVD
LOWEST FLOOR
5’ NGVD
Pre FIRM
Rate = $948
NYS Department of Environmental Conservation
FLOOD!
BFE 10 NGVD
LOWEST FLOOR
5’ NGVD
STRUCTURE
Damage = $75,000
SUBSTANTIALLY
Market Value = $100,000
DAMAGEDNYS Department of Environmental Conservation
Structure Repaired - Not Elevated
BFE 10 NGVD
LOWEST FLOOR
5’ NGVD
NYS Department of Environmental
Post FIRM
Rerating
Actuarial Rate
$7,800 (2008)
Conservation
1994 - Structure Repaired - Elevated
LOWEST FLOOR
12’ NGVD
BFE 10 NGVD
NYS Department of Environmental
Post FIRM
Rerating
Actuarial Rate
$245
Conservation
1994 - Structure Repaired - Elevated
BFE 10 NGVD
LOWEST FLOOR
10’ NGVD
NYS Department of Environmental
Post FIRM
Rerating
Actuarial Rate
$791
Conservation
1994 - Structure Repaired - Elevated
BFE 10 NGVD
LOWEST FLOOR
9’ NGVD
NYS Department of Environmental
Post FIRM
Rerating
Actuarial Rate
$2653
Conservation
NYS Department of Environmental Conservation