Additional Regulatory Measures Flashcards

1
Q

What NFIP program recognized local regulatory standards that are more restrictive than the minimum NFIP regulations?

A

44 CFR 60.1 (d) states any community may exceed the minimum NFIP criteria

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2
Q

If a regulatory requirement prohibits an owner from any use of his land, it is referred to by the legal term

A

What is a taking

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3
Q

In how many court cased have the NFIP regulations been overruled as unconstitutional?

A

Performance orients standards of the NFIP have Never been ruled as a taking

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4
Q

If a state requirement is more restrictive than the NFIP requirements, which set of rules must a community follow?

A

Community must follow the most restrictive requirement, in this case the state.

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5
Q

Does your community’s ordinance have any provisions that are more restrictive than the minimum NFIP requirements

A

Probably! Check the CFM website

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6
Q

Name two higher regulatory standards that can be used to encourage building sites completely out of the floodplain

A

local restrictions that prohibit development in high hazard areas, site planning in subdivision design, use low density zoning or require setbacks.

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7
Q

What is freeboard?

A

Freeboard is additional required height above the base flood elevation that provides a margin of safety against extraordinary or unknown risks.

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8
Q

What is the preferred flood protection approach for critical facilities?

A

A critical facility should NOT be located in a floodplain. If it must be there, it should be designed to higher flood protection standards (freeboard, elevation above 500-yr flood plain and elevated access ramps).

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9
Q

How does compensatory storage work?

A

A developer offsets new fill in the floodplain by excavating an additional floodable area to replace the lost flood storage area.

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10
Q

What is stormwater management?

A

Efforts to reduce the impacts of increased runoff that results from watershed development.

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11
Q

Since there are several federal agencies that regulate wetland development, protect rare and endangered species, is there any need for your community to consider any additional environmental protection measures?

A

Measures to regulate on-site sewage disposal, siting critical facilities, and regulating water quality are additional environmental protection measures that are important to consider in flood prone areas

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12
Q

Name three types of regulations that con protect natural resources in your floodplains

A

Floodplain, wetland and coastal barrier regulations

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13
Q

Does the NFIP allow communities to enact more restrictive regulatory standards?

A

Yes,they must meet the minimum NFIP standards, and can enact more restrictive standards.

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14
Q

Can a floodplain regulation ever prohibit new buildings from a portion of the floodplain?

A

Yes, if it is tied to the hazard and where people would be exposed to life-threatening situations, based on area that exceed a certain flood depth or velocity.

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15
Q

Name two types of floodprone areas where many communities prohibit development.

A

Highly hazardous areas such as at the apex of an alluvial fan, or in a narrow stream valley subject to flash flooding.

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16
Q

What is the advantage of requiring dry land access if buildings are protected from flooding?

A

It will provide an emergency evacuation route.

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17
Q

How could a developer of an 80-acre subdivision reduce the amount of run-off that leaves the property during a storm?

A

Reduce impervious surfaces, install stormwater detention or retention basins, utilize low impact development stormater techniques.

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18
Q

Do Federal agencies have to meet any floodplain development rules similar to the NFIP requirements?

A

Under Executive Order 11988 federal agencies must meet the same or more restrictive development standards as private property under the communities NFIP regulations.

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19
Q

Why is adding at least on-foot of freeboard in floodplain projects a good idea?

A

It accounts for the one-foot rise built in to the concept of designating a regulatory floodway and encroachments requirements where floodways are not identified.

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20
Q

What are other advantages of freeboard?

A

Lowers flood insurance rates due to lower flood risk, accounts for future increases in flood stage due to more development in the floodplain, reflects uncertainties in flood modeling and mapping.

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21
Q

List advantages of subdivision design to avoid flooding rather than just building standards

A

Buildings can be clustered to avoid flood area and not be isolated by flood waters.
Neighborhood can have shared waterfront access and open space a valuable community amenity.

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22
Q

If a community passes a more stringent regulation how can they avoid being sued for a “taking”

A

regulation must be reasonable, tied to the hazard, and support public objectives

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23
Q

Why are NFIP regulations not considered a taking?

A

they allow floodprone site to be built on as long as precautions are taken to protect new structures and neighboring property from flood damage. Owners are not denied all economic use of property as long as construction account for the level of hazard.

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24
Q

What is eminent domain?

A

government possesses power to acquire private land if it is for demonstrably public purpose and official condemnation proceedings are followed.

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25
Q

enacting a regulation that essential results in a “taking” is legally called what?

A

inverse condemnation.

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26
Q

list three community development goals that are achieved by adopting floodplain management regulations

A

Save lives by requiring evacuation plans
Improve local drainage by controlling increased runoff
Maintain storage capacity by require pilings or columns rather than fill

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27
Q

list three community post flood development goals

A

Preserve floodprone areas for open space
Relocate occupants away from floodprone areas
Acquire frequently flood-damaged structures

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28
Q

What are the three basic considerations in adopting floodplain regulations

A

only permit development in a floodprone area that is:
appropriate in light of probability of flooding,
acceptable social and economic use of land in relation to the hazard,
does not increase danger to human life

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29
Q

How can a planned unit developmment (PUD) help avoid development in floodplains?

A

flexibility in planning allows certain area to be set aside as open space in lieu of allowing clustered or more dense housing in the upland areas.

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30
Q

How can setbacks help avoid buidling in floodplains or high hazard areas.

A

Setback standards establish minimum distances from river channels and shoreline structures, defined as either horizontal (floodplain) or vertical( coastal areas) setback distances to provide protection from flood damage.

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31
Q

What are additional benefits of setbacks?

A

buffer zone against beach erosion, or disruption to channel bands, isolation distance to protect water quality and wetland habitat. Minimize the impacts of non-point source runoff.

32
Q

Why do some communities not allow manufacture homes in the floodway?

A

Manufactured homes are inherently more prone to flood damage due to the flimsier construction materials, low profile, and inability to firmly anchor the home.

33
Q

Why does the CRS credit setbacks implemented in a community?

A

Setbacks prevent disruption to shorelines, stream channels and thier banks.

34
Q

Why does the CRS system credit land development criteria that discourages development in floodplains?

A

Risk is avoided. Prohibitions is usually tied to structures in the floodway or areas exceeding certain flood depths or velocities.

35
Q

What are types of local restrictions in floodplains?

A

Setbacks, provisions for subdivision design, low-density zoning, prohibitions for manufactured homes,

36
Q

Why does the CRS system credit low-density zoning?

A

Gives more area on each lot to locate buildings outside of the floodplain, and lowers the total number of homes that could become in harms way. Agriculture is good use for floodplain locations.

37
Q

What are the two most important building requirements that a town can enforce to help protect against flooding?

A

Requiring freeboard, of at least one-foot as a margin of safety and adopting performance standards for foundations to anchor new buildings and foundations and fill placement standards for flood proofed buildings and V zones.

38
Q

Why does the CRS system credit communities for higher regulatory standards that include adding freeboard.

A

Elevated buildings have additional margin of safety, reduced flood insurance costs, and accounts for future increases due to development and extreme weather

39
Q

Why does the CRS system credit communities for adopting more stringent foundation standardes?

A

NFIP performance standard doe not specify how a buildings foundations are to be constructed. In floodprone areas it is critical to have specific foundations construction standards to protect buildings from flood damage.

40
Q

If a community does not have specific foundation standards what is another way that they can make sure that foundations are adequately constructed?

A

Town can require registered professional engineer or architect certify the adequacy of elevated building foundations and the proper placement, compaction and protection of fill when used in building elevations.

41
Q

Why would a city or town extend the foundation construction standards for V zones to the AE zone

A

AE zones are subject to wave action up the three feet in heights, and NFIP A zone construction standards do not address these hazards.

42
Q

What are three special categories to consider from a public safety standpoint relative to flooding risk?

A

Location of critical facilities, hazardous materials and preservation of dry land access for emergency evaluation routes.

43
Q

List four common land uses that are considered critical facilities

A

Structures or facilities that produce or store hazardous materials,
Hospitals, nursing homes, or elderly housing
Police, fire, and emergency operations
Public and private facilities vital to maintaining or restoring normal service to flooded area, before during and after a flood.

44
Q

Should critical facilities be located in a floodplain?

A

NO, Executive Order 11900 requires that a building location must be above the 500-year flood before funding, leasing or building a critical facility. If a facility must be in the floodplain they should be designed to higher protection standards and have evacuation plans.

45
Q

What advantage is there to requiring roads to be at least within one foot of the BFE?

A

Fire and rescue personnel and equipment can travel on these roads during a flood. Any more and it imperils the lives of the rescuers.

46
Q

List three products that are so hazardous that they should be prohibtied from both the SFHA or the 500 year floodplain

A

ammonia- uses?
chlorine- used in WWTP operations
phosphorous- used as fertilizer

47
Q

List three items that are sufficiently hazardous in large quantities they should be prohibited in any space below the BFE

A
lumber/; buoyant items
gasoline
petroleum products
storage tanks
acetylene gas containers
charcoal/ coal dust
48
Q

Why does the CRS system provide credit for prohibiting critical facilities in the 500-year floodplain or protecting them from damage by this flood level.

A

These locations provide essential services needed to respond to and or recover from a flood or house vulnerable populations that cannot be easily moved. Federal funding for critical facilities is consistent with this requirement. Freeboard, elevation above 500-yr flood and access ramps should be required.

49
Q

Why does the CRS system provide credit for dry land access?

A

Occupants will be able to evacuate in the event of a flood and fire and rescue personnel and equipment will have access to the buildings.

50
Q

Why should a community develop more stringent encroachment standards.

A

In a flat, densely developed area, or where soils are impervious, development in the flood fringe that causes a one-foot increase in flood height can expand the floodplain boundary by many blocks.

51
Q

How can communities require more stringent encroachment standards that the one foot minimum.

A

Use a smaller floodway mapping surcharge (0.1 or 0.5 feet) results in a wider floodway, but less potential for flood losses from future development.
Or require restrict encroachments in the flood fringe to a percentage (20%) of the total floodplain areas.
Can also treat certain deeper flood fringe areas as floodway and make them comply with floodway construction standards.

52
Q

Why does the CRS system credit more restrictive floodway mapping standards?

A

Depending on the community, the NFIP standards of the one-foot minimum allowable elevation may create excessive inundation if the area is flat, densely developed or impervious soils and more stringent regulations will result in fewer flood losses from future development.

53
Q

Why isn’t the NFIP floodway standard that restricts new development from obstructing the flow of water and increasing flood heights always sufficient?

A

It does not address the need to maintain flood storage, especially in flat areas. as new development occurs there is loss of storage and water will go up as there is less room for the flood waters.

54
Q

How can compensatory storage be required to avoid the loss of flood storage.

A

Regulations can include prohibiting fill, and requiring all new development to be on piles, columns or flow-through crawlspaces. If fill is a requirement, excavating an additional floodable area can replace the lost flood storage area.

55
Q

Why does the CRS system credit more restrictive requirements to prohibit fill and provide compensatory storage in a floodplain.

A

This addresses a shortcoming in NFIP regulations and provides ability to maintain flood storage. Especially important for flat areas and small watersheds.

56
Q

What is meant by provide compensatory storage at hydraulically equivalent site.

A

The compensation should be at the same base flood elevation. If fill is placed in the 10-year flood elevation then removal of soil elsewhere in the 10-year flood elevation should be provided.

57
Q

Why does the CRS system credit additional stormwater regulations?

A

Managing water quantity and water quality from stormwater results in fewer floods, less damage to infrastructure and less impact on natural resources.

58
Q

How can a temporary moratorium help floodplain management?

A

Allows time to put plan in place for acquisition, relocation, redevelopment or to install flood control. A temporary meritorious needs an end date or can be considered a taking

59
Q

What are flood hazards of special concern that may warrant more stringent regulatory controls

A
Coastal erosion, 
Tsunamis
Closed Lake basins
Uncertain flow paths
Dam breaks
Mudflows
60
Q

How are coastal erosion hazards mapped?

A

Special erosion rate maps defining 30-, 60-, or 100- year erosion zones are used. They are calculate by multiplying the annual rate of erosion times number of years of protection to be provided.

61
Q

Why are erosion Zone maps uncertain delineation?

A

Erosion zones are moving targets when measured from a known point such as a dune or vegetation line. Dune or vegetation moves annually and rates of erosion vary moving faster or slower than annual average rates.

62
Q

List three regulatory standards for coastal areas that are more stringent than NFIP

A

New buildings must be landward of 30-year erosion Zone
Deeper pile and special foundation provisions
Traffic restricted on dunes

63
Q

List 2 features that make Tsunamis special Hazard

A

Short warning time and very deep flooding

64
Q

Why are Tsunamis not mapped by FEMA

A

Not considered a normal condition of flooding, but recent efforts for Pacific states has improved information on tsunami maps.

65
Q

What is best regulatory standard to enact to protect against Tsunami damage

A

Use Tsunami flood level or BFE whichever is higher. Keep new buildings out of his area and have a warning system

66
Q

What is greatest flood concern with closed basin lakes?

A

Closed basin lakes are subject to large fluctuations in Elevation that can persist for weeks, months or years.

67
Q

In addition to establishing adequate BFE what are additional standards appropriate to in force for closed Lake basin to protect from flood damage of persistent flood waters?

A

Construct in fill above BFE
Protect utilities
Provide dry land access
Provide sewer and public water since onsite utilities will not function underwater

68
Q

What are the most critical components for regulatory t

Standards to address to protect from flooding due to uncertain flow paths

A

Velocity of water
Sediment and debris
Volume and movement of sediment and debris during floods
Potential for channel migration

69
Q

How are alluvial fans shown on FIRM?

A

AO Zone with velocity. NFIP AO Zone requirements that building must be elevated above the highest adjacent grade to the depth number may not be adequate as sediment loads and velocities increase

70
Q

What additional regulatory standards are appropriate to enforce in areas with uncertain flow paths such as alluvial fans?

A

Study to define the limits of channel migration
Certify that building will be protected
Install debris basis. Channels and walls to keep debris and velocity flows away from houses

71
Q

Why would dam break hazards warrant regulatory standards in excess of NFIP ?

A

Should a dam give way the area covered by flood is mapped as the dam breach inundation area. Close to the dam dam breach inundation may be larger than base floodplain. Dam breaks also have lack of warning time.

72
Q

What are some regulatory controls in addition to NFIP for dam breach areas?

A

Prohibit all building in dam breach inundation area
Require new building above BFE or Dam breach inundation area whichever is higher
Require dam owners to maintain facility
Require dam owners to est abolish warning systems

73
Q

What is good approach for areas subject to Ice Jams?

A

Use historic ice jam flood of records and require additional foot or two of freeboard as your building protection level.

74
Q

What is good approach for areas subject to mudflows ?

A

Map sensitive areas and key requirements to steeper slopes or areas with known unstable soils.
Reared designs that work with natural flow channels- don’t cut across them
Engineer foundations on compacted fill or piling
Require debris basins, walls and channels to keeps debris away from houses
Avoid building below steep slopes
Direct runoff away from unstable areas
Grade to minimize disruption of natural drainage

75
Q

What are basic approaches to protecting a floodplains natural resources?

A

Preservation and restoration

76
Q

What can community do to gain support for regulations designed to reduce future flood losses?

A

Associate flood loss reduction with broader community goals such as economic well being or need to protect and maintain natural resources