Additional Regulatory Measures Flashcards
What NFIP program recognized local regulatory standards that are more restrictive than the minimum NFIP regulations?
44 CFR 60.1 (d) states any community may exceed the minimum NFIP criteria
If a regulatory requirement prohibits an owner from any use of his land, it is referred to by the legal term
What is a taking
In how many court cased have the NFIP regulations been overruled as unconstitutional?
Performance orients standards of the NFIP have Never been ruled as a taking
If a state requirement is more restrictive than the NFIP requirements, which set of rules must a community follow?
Community must follow the most restrictive requirement, in this case the state.
Does your community’s ordinance have any provisions that are more restrictive than the minimum NFIP requirements
Probably! Check the CFM website
Name two higher regulatory standards that can be used to encourage building sites completely out of the floodplain
local restrictions that prohibit development in high hazard areas, site planning in subdivision design, use low density zoning or require setbacks.
What is freeboard?
Freeboard is additional required height above the base flood elevation that provides a margin of safety against extraordinary or unknown risks.
What is the preferred flood protection approach for critical facilities?
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).
How does compensatory storage work?
A developer offsets new fill in the floodplain by excavating an additional floodable area to replace the lost flood storage area.
What is stormwater management?
Efforts to reduce the impacts of increased runoff that results from watershed development.
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?
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
Name three types of regulations that con protect natural resources in your floodplains
Floodplain, wetland and coastal barrier regulations
Does the NFIP allow communities to enact more restrictive regulatory standards?
Yes,they must meet the minimum NFIP standards, and can enact more restrictive standards.
Can a floodplain regulation ever prohibit new buildings from a portion of the floodplain?
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.
Name two types of floodprone areas where many communities prohibit development.
Highly hazardous areas such as at the apex of an alluvial fan, or in a narrow stream valley subject to flash flooding.
What is the advantage of requiring dry land access if buildings are protected from flooding?
It will provide an emergency evacuation route.
How could a developer of an 80-acre subdivision reduce the amount of run-off that leaves the property during a storm?
Reduce impervious surfaces, install stormwater detention or retention basins, utilize low impact development stormater techniques.
Do Federal agencies have to meet any floodplain development rules similar to the NFIP requirements?
Under Executive Order 11988 federal agencies must meet the same or more restrictive development standards as private property under the communities NFIP regulations.
Why is adding at least on-foot of freeboard in floodplain projects a good idea?
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.
What are other advantages of freeboard?
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.
List advantages of subdivision design to avoid flooding rather than just building standards
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.
If a community passes a more stringent regulation how can they avoid being sued for a “taking”
regulation must be reasonable, tied to the hazard, and support public objectives
Why are NFIP regulations not considered a taking?
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.
What is eminent domain?
government possesses power to acquire private land if it is for demonstrably public purpose and official condemnation proceedings are followed.
enacting a regulation that essential results in a “taking” is legally called what?
inverse condemnation.
list three community development goals that are achieved by adopting floodplain management regulations
Save lives by requiring evacuation plans
Improve local drainage by controlling increased runoff
Maintain storage capacity by require pilings or columns rather than fill
list three community post flood development goals
Preserve floodprone areas for open space
Relocate occupants away from floodprone areas
Acquire frequently flood-damaged structures
What are the three basic considerations in adopting floodplain regulations
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
How can a planned unit developmment (PUD) help avoid development in floodplains?
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.
How can setbacks help avoid buidling in floodplains or high hazard areas.
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.