# Presentation: 660294

## Floodplain Management 24 CFR Part 55

**Floodplain Management**** 24 CFR Part 55**

## Floodplain Management

- Lester H. Berman, Environmental Officer
- Lester_H._Berman@hud.gov;(817) 978-5983
- Jack L. Pipkin, Environmental Specialist Jack_L._Pipkin@hud.gov; (817) 978-5985
- W. Laurence Doxsey, Environmental Protection Specialist
- W._Laurence_Doxsey@hud.gov; (210) 475-6800, ext. 2882

## Floodplain Management

- Executive Order 11988 – Floodplain Management
- www.hud.gov/offices/cpd/energyenviron/environment/lawsandregs/laws/lawsauthorities/eo/11988.cfm
- 24 CFR Part 55 – Floodplain Management
- www.hud.gov/offices/cpd/energyenviron/environment/lawsandregs/regs/index.cfm

## Executive Order 11988

- Signed by President Carter
- May 24, 1977

**Notes:**
Purpose :
EO 11988 states that Federal Agencies should avoid directly or indirectly supporting flood plain development unless there are no practicable alternatives to such actions.

## Noted that Floodplains provide:

- Wildlife habitat
- Agricultural and forest products
- Stable ecosystems
- Park and recreation areas

## Noted that unwise use of Floodplains pose a severe threat to human life, health and property

## The Purpose of Executive Order 11988 was to:

- Avoid, to the extent possible, the long and short term adverse impacts associated with occupancy and modification of floodplains
- Avoid the direct or indirect support of floodplain development, wherever there is a practicable alternative

## Executive Order 11988 also Required Federal Agencies to:

- Avoid development in the Floodplain
- Develop regulations within 6 months (24 CFR Part 55)

**Notes:**
Purpose :
EO 11988 states that Federal Agencies should avoid directly or indirectly supporting flood plain development unless there are no practicable alternatives to such actions.

## Why?

## Slide 10

## Floodplain Management 24 CFR Part 55 Applies to:

- Physical actions in 100 year
- Single family rehab only **>** 50% market value
- Includes:
- Structures
- Roads
- Pipelines
- Anything except minor clearing and grubbing

**Notes:**
Applies to:
Acquiring, managing, and disposing of Federal property;
Federally undertaken, financed or assisted construction and improvements and;
Federal activities and programs affecting land use.

Note This does not prohibit approval of such actions (except certain actions in high hazards areas) but provides a consistent means for implementing the Department’s interpretation of the EO (the eight step process)

## 24 CFR Part 58.12Eight Step Process Does not Apply to:

- Actions on 1-4 family dwelling  < 50% change in value including minor repairs and rehabilitation
- Incidental portion in an adjacent floodplain in certain cases (24 CFR 55.12(c)(6))
- Imminent threats to health/safety
- Minor amendment to approved action with no adverse impact
- Down payment assistance to existing homes
- Areas with LOMA/LOMR indicating the property was removed from the floodplain
- Mortgage Insurance (Single Family)

**Notes:**
55.12
Inapplicability:

The eight step process does not apply to:
*  HUD mortgage insurance assistance for the purchase, mortgaging or refinancing of existing one to four family properties;
*  Financial assistance for minor repairs or improvements on one top four family properties;
*  A project site with an incidental portion located in the floodplain if the construction  and landscaping don’t occupy the floodplain
*  Interim assistance involving imminent threats to health and safety;
*  A minor amendment to a previously approved action with no additional adverse impact on or from a floodplain.  IF the rehab is major “substantial improvement” then must do eight step process;
*  Housing Vouchers under the Section 8 existing Housing Program or other forms of rental subsidy that are not project based;
*  Those  areas that have been determined  by FEMA to not be located in a flood hazard area due to a LOMA or LOMR (Letter of Map Revision)

## Floodplain ManagementDecision Making Process

- Requires:
- Consideration of alternatives
- Public Notice/s (2)
- Mitigate damage
- Process called: 8-Step Process

## Project in FloodplainRequirements:

- Compliance with 8-step process
- Flood Insurance required (58.6)
- Community must be in NFIP (except for Entitlement States)

**Notes:**
Requirements:
For a proposed project located in the 100 year floodplain or 500 year floodplain for critical actions, Part 55 requires:

1.  Compliance with the 8 Step action;
2.  Flood Insurance of project is located in the floodplain;
3.  The community where the project is located must participate and be in good standing with the National Flood Insurance Program (NFIP)
4.  In the disposition of properties located in a floodplain, tenants must be informed of the hazards of the floodplain before the execution of the documents which complete the transaction.  Must sign a release  form indicating they have been informed

## 24 CFR Part 55Terminology

**100 Year Floodplain**:
- The area subject to a 1% chance or greater of Flooding in any given year
- Indicated by Zone A, AE, AO, AH, AR, A99 and Zone V 100 with coastal

## 24 CFR Part 55Terminology

**500 Year Floodplain**:
- The minimum floodplain of concern for critical actions and is the area subject to flooding 0.2 % in any given year
- Indicated by Zone B and X

## 24 CFR Part 55Terminology

- 24 CFR Part 55Terminology

- Coastal High Hazard Area:
- area subject to high velocity waters, including but not limited to hurricane wave wash and tsunamis.
- Zone V, V1-30 and VE

## 24 CFR Part 55Terminology

**High Hazard Area**:
- A floodway or a coastal high hazard area

## 24 CFR Part 55Terminology

**Floodway**:
- That portion of the floodplain that is carrying Flow, where the flood hazard is generally the greatest and the water depth and velocities are the highest

## FloodwayThe Area Where the River FlowsDuring a Flood

**Floodway**

- 100
- Year
- Flood-
- Plain

**500**
**Year**
**Flood-**
**plain**

## Critical ActionsTerminology

**Any Activity** for which the risk of flooding is too great:
- Fire and explosive hazards
- Irreplaceable records
- Emergency services
- Occupants who cannot evacuate due to mobility limitations

**Notes:**
What is a Critical Action?
Any activity for which even a slight chance of flooding would be too great because such flooding might result in loss of life, injury to persons, or damage to property.  They include activities that:
A.  Produce, use or store highly volatile, flammable, explosive toxic or  water reactive materials;
B.  Provide essential and irreplaceable records or utility or emergency services that may become lost or inoperative during flood or storm events (data storage centers, generating plants, fire and police station, etc... .....);
C.  Are likely to contain occupants who may not be sufficiently mobile to avoid loss of life or injury during flooding (nursing homes, hospitals immediate care centers).

## Critical Action

- Nursing
- Home

- 500 year

- 100 Year

## Critical ActionsNot Allowed If the Project is:

- Located in the Floodway
- Located in Coastal High Hazard Area

## Critical ActionsAllowed If the Project is:

- Located outside the 500 year floodplain
- Located inside 100/500 year floodplain after 8-step process

## Critical Action Project Project in 500 Year Floodplain

- Must be built at 100 year flood level and participate in:
- Early warning system
- Emergency evacuation plan
- ID evacuation routes
- Mark flood levels on structures

## 24 CFR Part 55TerminologyOnly action allowed in Floodway

**Functionally Dependent Use**:
- 	a land use that must necessarily be conducted in close proximity to water (a dam, marina, bridge)

## 24 CFR Part 55Terminology

**Substantial Improvement**:
- Any repair, reconstruction, modernization or improvement of a structure the cost of which equals or exceeds 50% of the market value **or** results in an increase of more that 20% in the units

## The 8-Step Process Step 1

**Is the site in the 100 yr Floodplain?**
**IF no, **
**Photo Copy FIRM Map and panel**
**Indicate site location on map**
**Use to document the ERR**
**Proceed with project**

**Notes:**
Step 1	Determine if the proposed action is in the 100 year floodplain or the 500 year for CRITICAL actions;
Step 2 	Notify the public at earliest possible time of proposal to consider an action in the Floodplain and involve them in the decision making process;
Step 3	Identify and evaluate practical alternatives to locating the project in a floodplain;
Step 4	Identify the potential direct and indirect impacts associated with the floodplain.
Step  5	Design and modify the proposed action to minimize the impacts where practicable.
Step 6	Reevaluate the proposed action to determine whether it is still practicable and if there are any new alternatives given steps three, four  and five;
Step 7	Publish the final notice if no alternatives are found and define the mitigating measures that will be taken to minimize the impact.
Step 8	Proceed with the project and carry out any mitigating measures identified in Step 7. 

- Incidental to
- the site

**Notes:**
1. Final Rule for Floodplains/Eliminates Wetlands -- Originally the Jan. 4, 1990 HUD regulation covering this executive order for Part 55 covered both Floodplains (EO 11988) and Wetlands (EO 11990); however, due to the controversies surrounding wetlands definitions and delineation of wetlands the new regulations were updated for Floodplains only
2.  We don’t know when New Regulation for Wetlands will be published.

## The 8-Step Process Step 1

**Is the site in or will it impact the 100 year Floodplain?**
**If no, to building, construction or impact, then**
**Photo Copy FIRM Map and panel**
**Indicate site location on map**
**Use to document the ERR**
**(24 CFR Part 55.12(c)(6))**
**Create deed restriction and **
**Drainage plan**
**Proceed with project**

**floodplain**

**Structure**

**Notes:**
Step 1	Determine if the proposed action is in the 100 year floodplain or the 500 year for CRITICAL actions;
Step 2 	Notify the public at earliest possible time of proposal to consider an action in the Floodplain and involve them in the decision making process;
Step 3	Identify and evaluate practical alternatives to locating the project in a floodplain;
Step 4	Identify the potential direct and indirect impacts associated with the floodplain.
Step  5	Design and modify the proposed action to minimize the impacts where practicable.
Step 6	Reevaluate the proposed action to determine whether it is still practicable and if there are any new alternatives given steps three, four  and five;
Step 7	Publish the final notice if no alternatives are found and define the mitigating measures that will be taken to minimize the impact.
Step 8	Proceed with the project and carry out any mitigating measures identified in Step 7. 

## The 8-Step Process Step 1

**Is the site in the 100 yr Floodplain?**
**	****site? building? both? ****	**
**	****IF yes to building**
**	****	****or impact:**
**	****Continue to Step Two**

**floodplain**

**Structure**

**Notes:**
Step 1	Determine if the proposed action is in the 100 year floodplain or the 500 year for CRITICAL actions;
Step 2 	Notify the public at earliest possible time of proposal to consider an action in the Floodplain and involve them in the decision making process;
Step 3	Identify and evaluate practical alternatives to locating the project in a floodplain;
Step 4	Identify the potential direct and indirect impacts associated with the floodplain.
Step  5	Design and modify the proposed action to minimize the impacts where practicable.
Step 6	Reevaluate the proposed action to determine whether it is still practicable and if there are any new alternatives given steps three, four  and five;
Step 7	Publish the final notice if no alternatives are found and define the mitigating measures that will be taken to minimize the impact.
Step 8	Proceed with the project and carry out any mitigating measures identified in Step 7. 

## Step 2  Early Public Notice

**Provide for public involvement at the earliest stage possible.  Earlier involvement permits greater range of decision outcomes and public input to decision-making**
_**Allow at least  15-DAY comment period**_
** ****Shall state**
- The name of the project
- Proposed location
- Describe the activity
- Amount of property (in acres) in the FP
- Location of the Environmental Review Record
- Name and telephone number of the official to receive comments

## U.S. Water Resources Council Floodplain Management Guidelines for Implementing Executive Order 11988   

- 43 FR 6030, February 10, 1978
- Additional guidance suggests:

## Step 2  (continued)

- The agency provide for an integrated procedure for involvement of the public in the floodplain management decision-making process.  Those agency public involvement procedures should include the following elements:

## Step 2  (continued)

- A description of the overall audience including specific segments to whom public notice information will be targeted (e.g., floodplain residents, elected officials, basin residents, interest groups, other agencies, etc.)
- A description of the public information mechanisms to be utilized in reaching the target audience (e.g., public hearings, newsletters, workshops, advisory groups, etc.). Provide continuous interaction and involvement opportunities for the public in the decision-making process.

## Step 2  (continued)

- A description of the purpose for various public notice actions that will be undertaken and assurance that public input will be integrated into the decision-making process (e.g., specific efforts to provide one way information dissemination, two way public communication or interaction, etc.). The public information should promote the fullest understanding of the proposed action or plan.
- An explanation of the timing of public notice actions to promote public understanding and provide opportunities for the public to affect a proposed action before alternatives are precluded.

## The Notice must also

- Be bilingual, if a largely non-English speaking public is involved.
- Distribution should be similar to NOI/RROF requirements.
- Identify the purpose in soliciting input (e.g., alternatives to be considered, mitigation measures to be evaluated, or factors of special interest to be incorporated into the study).

## Step 3 Identify and Evaluate Alternatives

**  ****What are the alternatives?**
- Alternative sites
- Natural conditions
- Social demands/needs
- Economic cost
- Legal limitation
- Alternative scopes
- Alternative methods to achieve project goals
- A “no project” alternative

## Step 4  Identify Impacts

**Impact to the floodplain**
**Impact to people and property**
- Types of impact
- Positive and negative
- Concentrated and dispersed
- Short and long term

## Step 5  Minimize, Restore and Preserve

**  ****Minimize harm to lives and property**
- Limit fill in floodplain
- Minimize grading
- Relocate non-conforming structures
- Preserve natural drainage
- Maintain buffers
- Use detention ponds
- Minimize tree cutting

## Step 6  Reevaluate the Project

**  **Is project still feasible considering:
- Exposure to floods
- Potential to increase hazards
- New information gathered in step 4 and 5

## Step 7  Publish the Final Notice

**  ****If it is determined there is no practicable alternative:**
- Publish Final Notice
- Justify location in Floodplain
- List alternatives considered
- List all mitigation measures
- WAIT at least seven days before approval

## Step 8 Implement the Project

** **Continued requirement to:
- Monitor and
- Ensure mitigation measures are implemented

## Eight Step ProcessTiming:

- Eight Step ProcessTiming:

- Process must be completed prior to NOI/RROF

## Floodplain Management  24 CFR Part 55

**Streets**

- Nursing Home

**4 Single Family Homes**

**Zone AO**

**Zone X**

- Park: New Jogging Trails

- Facade Improvements

- Is the 8 step process required for:
- Single family rehab < 50 % cost of replacement
- Single Family New Construction
- New Jogging Trails
- The Nursing Home
- The Facade Improvements
- Sewer and Water Improvements

## Wetlands Protection

## Protection of Wetlands EO 11990

- Required Federal Agencies to develop regulations to avoid:
- Destruction/modification of wetlands
- Long and short term adverse impacts

**Notes:**
Purpose:

EO 11990 states that Federal Agencies shall avoid undertaking or providing assistance for new construction located in Wetlands unless the head of the agency finds:

1.  that there is no alternative to such construction and;

2.  that the proposed action includes all practicable measures to minimize harm to the wetlands which may result from such use.

In making this finding, the head of the agency may take into account economic environmental and other pertinent factors.  Also each agency shall provide an opportunity for early public review of any proposals for new construction in Wetlands (the 8-step process)

## Protection of WetlandsPurpose:

- Federal Agencies should:
- Avoid long and short term impacts (destruction and/or modification of wetlands)
- Avoid support of construction in wetland
- Requires 8-step process

## Requires Federal Agencies to avoid assistance for New Construction in Wetlands Unless:
8-step process completed:
There is no alternative
Minimize harm to wetland
Consider economic &  environmental impact

- 8-step process completed:
- There is no alternative
- Minimize harm to wetland
- Consider economic &  environmental impact

- Protection of Wetlands EO 11990

## 24 CFR Part 55Currently Only Floodplain

- HUD’s wetlands regulation
- Similar to Floodplain regulation
- Requires 8-step process
- Can be conducted jointly for  Floodplain and Wetland

## Protection of Wetlands Limits

**EO 11990  is NOT Corps of Engineers.  Section 404 permitting required by the Clean Water Act**
**National Wetlands Inventory Map (published by US Fish and Wildlife)**

## Wetland Management  24 CFR Part 55Proposal:l Multifamily new construction Development is proposed in the Wetland with HOME for the structures and CDBG for Infrastructure.10 units per building total 160 UNITS

**Wetland Management  24 CFR Part 55**Proposal:l Multifamily new construction Development is proposed in the Wetland with HOME for the structures and CDBG for Infrastructure.10 units per building total 160 UNITS

- What level of environmental review would be triggered?
- How did you determine that the site was in the Wetland?
- Is the 8 step process required?
- How does the scenario change if no buildings are in wetland,
- but roads/infrastructure are?
- What mitigation is possible?
- Is  a Corps of Engineer’s permit required?

**Structures**

**Project Boundary**

**Wetland**

**Proposed **
**New Streets**