FEMA Map Amendment Procedure
August 5, 1986
PLANNING DEPARTMENT
Inter-department Memo
CITY
OF
GILROY
TO:
City Administrator
FROM: Director of Planning
SUBJECT: FEMA Map Amendment Procedure
I have had several conversations with representatives from FEMA's
Region IX Office in San Francisco to put this information together. Also
please see the attached documents for details of the procedures.
The Federal Emergency Management Agency has basically only two map
amendment procedures, Letter of Map Amendment (LOMA) and Letter of Map
Revision (LOMR), other than the complete Community-wide remapping.
A request for FEMA to issue a LOMA is to determine if a single
structure or lot is located in a Special Flood Hazard Area (SFHA). This
process is essentially a fine tuning of the flood boundaries as shown on the
existing Flood Hazard Maps. To apply for a LOMA, the property owner needs
to submit adequate data to FEMA for review. If FEMA issues the LOMA, the
property owner and local agency both should receive the LOMA from FEMA.
This letter then serves as a map amendment for that specific structure or
lot.
A LOMR may be issued by FEMA if they determine that a single structure
or lot has been elevated by fill to be above the SFHA. To apply for a LOMR,
the property owner must submit the required data through the local agency to
FEMA for review. If FEMA issues the LOMR, both the local agency and
property owner should receive the letter. This letter then serves to revise
the Special Flood Hazard Area (SFHA) on the existing maps for the specific
structure or lot.
The information dispersed by the City to interested people for lots
with either a LOMA or LOMR should be that the structure or lot is in SFHA
zone B, due to the letter, despite the indication on the current maps.
-Respectfully,
~p~
Michael Dorn
Director of Planning
MD:rp
Attachment
"
PART 72-PROCEDURE AND FEES
FOR OBTAINING CONDITIONAL
APPROVAL OF MAP CHANGES
Sec.
72.1 Purpose of part.
72.2 Definitions.
72.3 Initial fee schedule.
72.4 Submittal/payment procedures and
FEMA response.
72.5 Exemptions.
72.6 Unfavorable response.
72.7 Resubmlttals.
AUTHORITY: 31 U.S.C. 9701; 42 U.S.C. 4001
et seq.; Reorganization Plan No.3 of 1978;
E.O. 12127.
SOURCE: 50 FR 36028. Sept. 4. 1985. unless
otherwise noted.
EFFECTIVE DATE NOTE: At 50 FR 36028.
Sept. 4, 1985, Part 72 was added, effective
January 1. 1986.
1172.1 Purpose of part.
The purpose of this part is to pro-
vide administrative and cost recovery
I procedures for engineering review and
processing associated with the issu-
ance of Conditional Letters of Map
Amendment (conditional LOMAs) and
Conditional Letters of Map Revision
(conditional LOMRs). Final LOMAs
and LOMRs granted to correct map
deficiencies are not subject to this re-
imbursement procedure.
II 72.2 Definitions.
(a) Except as otherwise provided in
this part. the definitions set forth in
Part 59 of this SUbChapter are applica-
ble to this part.
(b) For the purpose of this part. a
Conditional Letter of Map Amend-
ment (conditional LOMA) is FEMA's
comment on a proposed project to be
located in and affecting only that pore
tion of the area of special flood hazard
outside the regulatory flood way and
having no impact on the existing regu-
latory floodway or effective base flood
elevations.
Federal Emergency Management Agency
(c) For the purpose of this part, a
Conditional Letter of Map Revision
(conditional LOMR) will be FEMA's
comment on a proposed project that
would affect the hydrologic and/or
hydraulic characteristics of a flooding
source and thus result in the modifica-
tion of the existing regulatory flood-
way or effective base flood elevations.
1172.3 Initial fee schedule.
(a) For conditional Letters of Map
Amendment. the initial fee shall be
paid by the requestor in the following
amounts:
( 1) Single-lot............................................. $125
(2) Multi-lot/subdivision........................ $175
(b) For conditional Letters of Map
Revision. the initial fee shall be paid
by the requestor in the following
amounts:
(1) New bridge or culvert (no chan-
nelization L........... ....... .......................... $350
(2) Channel modifications only............ $400
(3) Channel modification and new
bridge or culvert................................... $525
(4) Levees. berms, or other structur-
al measures............................................ $675
(c) For projects involving combina-
tions of the above actions which are
not separately identified, the initial
fee shall be that charged for the most
expensive of the actions comprising
the combination.
!i 72.4 Submittal/payment procedures and
FIo~MA response.
(a) Initial fees shall be submitted
with the request for FEMA review and
processing of conditional LOMAs and
conditional LOMRs.
(b) Initial fees must be received by
FEMA before the review can be initi-
ated for any conditional LOMA or con-
ditional LOMR request.
(c) Following completion of FEMA
review for any conditional LOMA or
conditional LOMR, the requestor will
be billed at the prevailing private
sector labor rate (currently $25.00 per
hour) for aEY actual costs exceeding
the initial fee incurred during the
review.
(I) Requestors of conditional
LOMAs will be notified of the antici-
pated total cost if the total cost of
processing their request will exceed
$500.
~ 72.5
(2) Requestors of conditional
LOMRs will be notified of the antici-
pated total cost if the total cost of
processing theit request will exceed
$1,500.
(3) In the event that processing costs
exceed the limits defined in para-
graphs (c)(1) and (2) of this section.
processing of the request will be sus-
pended pending FEMA receipt of writ-
ten approval from the requestor to
proceed.
(d) The entity that applies to FEMA
through the local community for
review will be billed for the cost of the
review. The local community incurs no
financial obligation under the reim-
bursement procedure set forth in this
part as a result of transmitting the
submittal to FEMA.
(e) Payment of both the initial fee
and final cost shall be by check or
money order payable to the United
States Treasury and must be received
by FEMA before the conditional
LOMA or conditional LOMR will be
issued.
(0 For conditional LOMA requests,
FEMA shall:
(1) Notify the requestor within 30
days as to the adequacy of the submit-
tal, and
(2) Within 30 days of receipt of ade-
quate information. provide comment
to the requestor on the proposed
project.
(g) For conditional LOMR requests.
FEMA shall:
(1) Notify the requestor within 60
days as to the adequacy of the submit-
tal. and
(2) Within 90 days of receipt of ade-
quate information, provide comment
to the requestor on the proposed
project.
!i 72.5 Exemptions.
Federal, State, and local govern-
ments and their agencies shall be
exempt from fees for projects they
sponsor if the requestor certifies that
the particular project is for public
benefit and primarily intended for
flood loss reduction to existing devel-
opment in identified flood hazard
areas, as opposed to planned flood
plain development.
!i 72.6 Unfavorable response.
A conditional LOMA or conditional
LOMR may be denied or may contain
specific comments, concerns, or condi-
tions regarding a proposed project or
design and its impacts on flood haz-
ards in a community. A requestor is
not entitled to any refund if the letter
contains such comments. concerns, or
conditions, or if the letter is denied. A
requestor is not entitled to any refund
if the requestor is unable to obtain re-
quired authorizations, permits, financ-
ing. etc., for which the letter was
sought.
!i 72.7 Resubmittals.
Any resubmittal of a request more
than 90 days after FEMA notification
that a request has been denied or after
a review has been terminated due to
insufficient information or other rea-
sons will be treated as an original sub-
mission and subject to all submittal!
payment procedures as described in
~ 72.4. inClUding tne initial fee. The
procedure of ~ 72.4 inClUding the ini-
tial fee, will also apply if the project
has been Significantly altered in
design or scope other than that neces-
sary to respond to preViOUSly issued
comments, concerns, or conditions by
FEMA.
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Chapter 4
Revisions
To provide accurate assessments of flood risk
for flood plain management and insur-
ance purposes, NFIP maps must present flood
hazard information that is correct and up-to-
date. Because this information is subject to
change, FEMA has developed the Map Revi-
sion process, under which communities may
request that effective FHBMs and FIRMs be
revised to incorporate new or corrected
flooding information.
Background
The information depicted on effective FEMA
maps may be revised by a physical revision of
the map or by Letter of Map Revision
(LOMR). A physical map revision involves
revising and printing the individual map
panels affected by the requested changes.
When NFIP maps are revised by LOMR, the
changes made to the maps are described in
the LOMR; revised map panels are not
printed. Because of the costs involved in
printing new map panels FEMA generally
revises maps physically only when it is
necessary to show changes involving a land
area of significant size or increased flood
hazards (new or enlarged SFHAs or higher
BFEs). To make other types of map changes,
FEMA usually issues LOMRs.
LOMRs may be used to make many types of
map changes, but are especially well suited
. to changes that involve only small areas
within a community, particularly those
involving individual structures and parcels of
undeveloped land. Therefore, a LOMR may
be issued, if warranted, to remove structures
and legally described parcels of undeveloped
land from the SFHA.
Although changes to any of the information
shown on an effective NFIP map may be
made, FEMA generally wi II not revise an
effective map unless the changes involve
flooding information. Requests for changes
that involve other information such as roads,
road names, or community boundaries will
usually be kept on file and addressed if a
revision becomes necessary as a result of a
request for more significant changes.
As explained in Chapter 2, conditional
revisions can also be made under the Map
Revision process. Communities, developers,
and property owners often undertake
improvement projects intended to reduce the
flood hazard in specific areas within their
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21
communities al1d usually want FEMA to
recognize the effects of these projects and
eventually to credit the projects with
providing some degree of flood protection.
Similarly, property owners and developers
who intend to construct houses or other
buildings in the I DO-year flood plain usually
must prove to lending institutions and local
officials that these structures will be above
the BFE. It has become common practice,
therefore, for those who are planning such
projects or construction to submit design
plans and other engineering data to FEMA
and request that FEMA evaluate them.
FEMA responses to such requests describe
the changes that may eventually be made to
the effective map and are called Conditional
LOMRs.
To recoup the costs involved in evaluating
proposed projects, many of which are never
actually completed, FEMA has found it
necessary to charge a fee for evaluations to
support Conditional LOMRs. Details
concerning the amount of the fee and method
of payment will be provided in Part 72 of
Title 44 of the CFR after January I, 1986.
How To Request a Revision
At any time after a NFIP map has become
effective, a community may request that the
--
map be revised. Because the CEO of the
community is responsible for ensuring that
the community meets its obligations as a
participant in the NFIP, any requests for
revisions must be made or approved by either
the CEO or a community official, such as a
city planner or city engineer, designated by
the CEO. Therefore, any individual property
owner, developer, or other person who wishes
to have the NFIP map revised, must submit
the request to the CEO or the designated
community official. You, as the CEO or as
the designated community official, should
review the request and, when forwarding it to
FEMA, should state whether the community
supports the request. If the community will
not support the request on the basis that the
request would involve a violation of Federal,
State, or local flood plain management laws
or ordinances, FEMA will not act on the
request.
Requests for reVISIons to effective NFIP
maps should be submitted to the appropriate
FEMA Regional Office. If the request is for
a determination involving a single structure
or single lot, the Regional Office will make
the determination. All other requests will be
reviewed by the Regional Office and
forwarded to the FEMA Headquarters Office
in Washington, D.C., for disposition.
Regional Offices and their addresses are
listed in Appendix D.
..
22
Data Required To Support the
Request
The type and amount of data that must be
submitted are dependent on the reason for
the revision and the type of changes to be
made.
Revisions to effective NFIP maps are usually
requested because of changes that have taken
place in the flood plain. Such changes
include, but are not limited to, the
construction of new bridges, culverts,
levees, or channel improvements and the
grading and filling normally associated with
development (including the placement of fill
to elevate individual structures above the
BFE). Occasionally, revisions will be
requested because the analyses used to
develop the data shown on the effective NFIP
map are found to contai n errors or
because a requestor believes that the use of
alternative methodologies or better data will
provide results that are more accurate than
those obtained from the original FEMA
ana lyses.
To support requests based on the effects of
physical changes that have occurred in the
flood plains or on the use of alternative
methodologies or better data, the requestor
must provide new analyses, in which the
alternative methodologies or better data are
used, and any other data necessary for FEMA
to revise the effective map. FEMA will not
perform any analyses In conjunction with
these kinds of requests.
To support requests that revisions be made to
correct mathematical or measurement
errors, the requestor need only identify the
errors and provide any new data necessary
for FEMA to perform new analyses and
correct the maps.
The following are descriptions of the data
that must be submitted to support various
types of revision requests:
Revisions Based On The Effects Of Physical
Chanqes That Have Occurred In The Flood
Plain
I. Changes Affecting Hydrologic Conditions.
The following data must be submitted:
a. General description of the changes
(dam, diversion channel, detention
basin, etc.)
b. Construction plans for as-bui It
condition, if applicable
c. New hydrologic analysis accounting
for the effects of the changes
d. New hydraulic analysis using the new
flood discharge values resulting from
the hydrologic analysis
e. Revised delineations of the flood
plain boundaries and floodway
23
2. Changes Affecting Hydraulic Conditions.
The following data must be submitted:
a.
General description of the
(channelization; new bridge,
levees, etc.)
Construction plans for
condition
New hydraulic analysis accounting
for the effects of the changes and
using the original flood discharge
values
changes
culvert,
b.
as-built
c.
d.
Revised delineations of the flood
plain boundaries and floodway
3. Changes Affecting Topographic Condi-
tions. The following data, certified by a
registered professional engineer or
licensed land surveyor, must be
submi tted:
a. General description of the changes
(gradi ng, fi II i ng, etc.)
b. New topographic information, such as
spot elevations, grading plans, or
contour maps
c. Revised delineations of the flood
plain boundaries and, if necessary,
floodway
Revisions Based On The Use Of Better Data
I. Better HYdrologic Data. The following
data must be submitted:
a. Data that are believed to be better
than those used in the original
hydrologic analysis (such as
additional years of stream gage data)
b. Documentation for of the source of
the data
c. Explanation of why the use of these
data will improve the results of the
original hydrologic analysis
d. New hydrologic analysis using the
better data
e. New hydraulic analysis using the new
flood discharge values resulting from
the hydrologic analysis
f. Revised delineations of the flood
plain boundaries and floodway
2. Better Hydraulic Data.
data must be submitted:
The fol Jowing
a. Data that are believed to be better
than those used in the original
hydraulic analysis (such as supple-
mentary flood plain and stream
channel cross sections)
b. Documentation for the source of the
data
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24
c. Explanation of why the use of these
data will improve the results of the
original hydraulic analysis
d. New hydraulic analysis using the
better data and the original flood
discharge values
e. Revised delineations of the flood
plain boundaries and floodway
3. Better Topographic Data. The following
data, certified by a registered profes-
sional engineer or licensed land surveyor,
must be submitted:
a. Data that are believed to be better
than those used to plot the original
flood boundaries (detai led topo-
graphic maps, grading plans, spot
elevations, etc.)
b. Documentation of the source of the
data
c. Revised delineations of the flood
plain boundaries
Revisions Based On The Use Of An
Alternative Methodology
I. Alternative Hydrologic Methodology. The
following data must be submitted:
a. New hydrologic analysis using the
alternative methodology
b. Explanation of why the alternative
methodology is superior to the
original methodology
c. New hydraulic analysis, using the new
flood discharge values resulting from
the hydrologic analysis
d. Revised delineations of the flood
plain boundaries and floodway
2. Alternative Hydraulic Methodology. The
following data must be submitted:
a. New hydraulic analysis using the
alternative methodology and the
original flood discharge values
b. Explanation of why the alternative
methodology is superior to the
original methodology
c. Revised delineations of the flood
plain boundaries and floodway
Revisions To Correct Indisputable Errors In
The Oriqinal Analysis
I. Mathematical error. The requestor must
identify the error; FEMA will perform
new calculations to correct the error.
2. Measurement error. The requestor must
identify the error and provide the correct
measurement; FEMA wi II perform new
calculations to correct the error.
I
Revisions To Exclude Individual Structures
And Leqally Described Parcels Of Undeve-
loped Land From The SFHA Based On Altered
T oDograDhy
The determinations and changes made by
FEMA will be similar to those described in
Chapter 5, Amendments. The requestor must
provide data that to verify the location of
the structure or parcel of land and show that
the structure or parcel of land is not subject
to flooding during the base flood. Therefore,
these data generally will be the same as
those requi red to support a request for a Map
Amendment. However, because the changes
handled under the Map Revision process will
involve alterations of topography, the
following additional requirements will also
apply:
I. When the revIsion involves the exclusion
from the SFHA of a structure that has
been elevated by the placement of fi I I,
the requestor must submit data showing
that the entire structure including the
lowest floor (basement) is at or above the
BFE.
2. When the reVISion involves the exclusion
from the SFHA of a parcel of land that
has been fi lied, the requestor must submi t
data showing that all land within the
legally described limits of the parcel is at
or above the BFE.
25
Conditional Revisions Based On The Effects
Of Proposed Proiects Or Future Conditions
Except for the fact that any maps, plans,
drawings, measurements, or elevation data
that are submitted will not reflect existing
conditions, the data required to Support re-
quests for Conditional LOMRs are generally
the same as those requi red to support
requests for revisions. A fee will be assessed
for the evaluation of requests for conditional
revisions after January I, 1986.
General Technical Guidance
When developing technical supporting data,
requestors should consider the fol lowing
points:
· Unless based on indisputable and clearly
defined mathematical or measurement
errors in the original FEMA analyses,
revision requests must be accompanied by
all the data that FEMA needs to revise
the FHBM or FIRM, FIS report, and
FBF M. Therefore, the requestor should
be prepared to perform new hydrologic
and hydraulic analyses and delineate new
flood plain boundaries and floodways as
necessary. In addition, new flooding
information cannot be added to a NFIP
map in such a way as to create
mismatches with the flooding information
26
shown for unrevised areas. Therefore, in
performing new analyses and developing
revised flooding information, the
requestor must tie his new flood
elevations, flood plain boundaries, and
floodways into those shown for areas not
affected by the revisions. When requests
involve new flood discharge values,
extensive changes in hydraulic conditions,
or complex situations in which changes
made to the flooding information
developed for one flooding source will
affect that developed for others, the
requestor may be required to provide new
information for a large portion of the
map.
. All analyses and data submitted by the
requestor must be certi fied by a regis-
tered professional engineer or licensed
land surveyor, as appropriate.
. Revisions cannot be made based on the
effects of proposed projects or future
conditions; therefore, unless a conditional
revision is requested, any maps, plans,
drawings, measurements, or elevation
data submitted by the appellant must be
certified "as-built" or as representing
existing conditions.
. NFIP maps may be revised when flood
discharges change as a result of structural
improvements, such as dams or other
significant retention facilities. However,
NFIP maps will not be revised when
discharges change as a result of the use of
an alternative methodology or better data
unless the change is statistically
significant. The criteria to be used in
determining whether a change is
statistically significant are discussed in
Section 2-6, "Hydrologic Analyses," of the
FEMA Guidelines and S ecifications for
Study Contractors dated September
1985). Therefore, when requesting. a
revision based on new flood discharges,
the requestor should determine the signif-
icance of the change before proceeding
with new hydraulic analyses. When the
statistical significance test does not
apply, a determination by a Federal or
State agency that the change is
significant may be accepted as the basis
for a revision.
. When a requestor is required to submit a
hydrologic analysis for flooding sources
originally studied by detailed methods,
the analysis must be performed for the
10-, 50-, 100-, and sOO-year floods.
. When a requestor is required to submit a
hydraulic analysis for a flooding source
originally studied by detailed methods,
the analysis must be performed for the
10-, 50-, 100-, and sOO-year floods and
floodway. Unless the basis of the request
is the use of an alternative hydraulic
methodology, the analysis should be made
using the same hydraulic computer model
used to develop the BFEs shown on the
effective NFIP map. You may request,
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27
I
through the appropriate FEMA Regional
Office, a copy of the input and output
data from the original computer modeJ.
Any differences between the original and
revised models must be justified on the
basis of physical changes that have
occurred, better hydraulic data, or
revised discharges. The revised model
should also include all existing conditions,
including any encroachments that have
Occurred in the flood plain since the
original model was developed.
When the new hydraulic
submitted to FEMA, copies
and output data from the
revised computer models
submitted.
analysis is
of the input
original and
should be
.
For information concerning additional
data that must be submitted to support
requests that involve changes to
floodways, refer to Chapter 6, in which
the FEMA policy concerning floodway
revisions is discussed.
.
When a requestor is required to submit a
hydrologic or hydraulic analysis for a
flooding source originally studied by
approximate methods, the analysis may be
performed for only the I DO-year flood.
j
.
When requesting a revision of flood plain
delineations based on significant
topographic changes, the requestor must
verify that the new topographic data do
.
not significantly alter the hydraulic char-
acteristics of the stream; if they do, a
new hydraulic analysis may be necessary.
When a requestor is required to submit
delineations of flood plain boundaries for
a flooding source originally studied by
deta i I ed methods, both the 100- and 500-
year flood plain boundaries must be
submitted; for flooding sources originally
studied by approximate methods, I DO-year
flood plain boundaries must be submitted.
These boundaries should be shown on a
topographic map of suitable scale and
contour interval to provide reasonable
accuracy.
.
To support a request for a reVISion based
on the effects of earth-fill levees,
floodwalJs, seawalls, and similar
structures, the requestor must submit the
following data:
Certification that the structure will
be maintained and operated by an
agency of the Federal, State, or local
government
An ordinance or official operation
and maintenance plan adopted by
that agency that describes the type
and frequency of the maintenance
activities that will be performed and
the operation of any closures
Either a certification from a Federal
agency that the structure is
adequately designed to provide
.... "
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28
protection from a 100-year or
greater magnitude flood, or
Technical data to show that the
structure meets adequate freeboard
and stability requirements (The
appropriate FEMA Regional Office
should be contacted for information
on structural standards adopted by
FEMA.)
Map Revision Procedures
After a revision request has been received
from the CEO, FEMA will acknowledge
receipt of the request by letter to the CEO.
A copy of the acknowledgment letter will be
sent to the requestor. FEMA will review the
request and the supporting data submitted
with it. If any questions or problems arise
during this review, FEMA will work with the
CEO, the community official designated by
the CEO, or the requestor to resolve them.
If FEMA determines that additional data are
required to support the request, these data
will be requested by letter. The letter will
be sent to the CEO. If appropriate, a copy
will be sent to the community official
designated by the CEO. A copy will also be
sent to the requestor. FEMA allows 30 days
for the CEO to provide the requested data.
If the data are not provided within the
allotted time, FEMA will complete the
review using the data originally submitted. If
the requested data are provided, FEMA will
consider them in the review.
If the data submitted do not warrant any
changes to the information shown on the
effective map, FEMA will inform the CEO by
letter that no further action will be taken on
the request until adequate data are provided.
If changes are warranted, FEMA will either
physically revise the effective map or issue a
LOMR.
Physical Map Revision--Only the panels of
the FHBM or FIRM affected by the changes
are revised. When a FIRM is revised, the
corresponding FBFM panels and FIS report
are also revised, if necessary. The revised
materials are sent to the community for a
30-day review period. When FIRM revisions
involve new or changed BFEs, the 30-day
period will be followed by a formal 90-day
appeal period, during which the BFEs may be
appealed. (See Chapter 3.)
When the BFEs have been lowered, FEMA
may print the revised FIRM during the appeal
period. If an appeal is submitted, FEMA will
either delay the printing of the new FIRM or,
if necessary, revise the new FIRM after it
has been printed. Because appeals are rarely
submitted when BFEs have been lowered, this
procedure has proved to be a fast and
effective method of providing the community
with its revised maps. When BFEs have been
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29
added or raised, the FIRM wil I not be printed
until after the appeal period has ended and
any appeals resolved.
When physical map revisions do not involve
new or changed BFEs, no appeal period is
necessary; the maps are printed after the
3D-day review period has ended. In all cases,
the revised maps do not become effective
until they are printed.
Letter of Map Revision (LOMR)-- The LOMR,
which is sent to the CEO, takes the place of
a physical map revIsIon. The LOMR
describes the changes that have been made
and officially revises the effective NFIP
map. Occasionally, when it is difficult to
describe the changes in the LOMR, hand-
revised maps illustrating the changes are sent
with the LOMR. The revision is effective as
of the date of the LOMR. A LOMR cannot
be issued to add or raise BFEs. LOMRs that
decrease BFEs wi! I be followed by a formal
9D-day appeal period. No appeal period is
necessary for LOMRs that do not involve
changes to the BFEs.
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CONDITIONS AND CRITERIA FOR
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This sets forth the policy of the Federal Emergency Management
concerning requests for a determination as to whether a single structure or
single lot is located in a SFHA. In order for FEMA to issue a LOMA under
Part 70 of the National Flood Insurance Program (NFIP) regulations, a prop-
erty owner should submit documentation to satisfy the criteria listed below.
Compliance with the criteria will result in the issuance of a LOMA, which
will remove the SFHA designation from the structure or lot. A LOMA will be
issued only if the elevations of the ground surrounding the structure have
not been altered by fill placed since the effective date of the first NFIP
map designating the SFHA.
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1-1
Definitions:
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The terms used in this manual have the same meaning as those defined in
Part 59.1 of the NFIP regulations at 44 CFR 59 et seq. SFHA's comprise
all lands subject to inundation by the flood having a one-percent chance
of being equaled or exceeded in any given year--hereafter called the
base flood. This flood's elevation is called the base flood elevation
(BFE) and is measured in feet above a given datum--e.g., the National
Geodetic Vertical Datum (NGVD).
1-2
Technical Data Required:
All requests for a LOMA must be supported by sufficient technical data
to demonstrate that the entire lot or structure has been inadvertently
included in a SFHA and is not subject to inundation by the base flood.
For an entire lot, this consists of demonstrating that the grade of the
entire property was at or above the BFE prior to the effective date of
the first NFIP map placing the lot in a SFHA. For structures, it must
be demonstrated that the lowest grade adjacent to the structure was at
or above the BFE prior to the effective date of the first NFIP map
placing the structure in a SFHA. The following documentation should be
submitted to aid FEMA in processing each LOMA request:
a. A copy of the recorded deed indicating the legal description of the
lot and the official recordation information (deed book volume and
page number) and bearing the seal of the Recorder of Deeds.
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b. A copy of the recorded plat, if the lot is recorded on a plat map,
indicating both the location of the lot and the official recordation
information (plat book volume and page number) and bearing the seal
of ~he recorder. If the lot is not recorded on a plat map, copies
of the tax map or other sui table maps are required to aid FEMA in
accurately locating the lot.
c. For a single lot, a topographic map indicating ground elevations,
certified by a registered professional engineer or licensed land
surveyor. The owner must certify that no fill was placed on the lot
since the effective date of the original NFIP map.
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d. For a single structure, a topographic map indicating structure
location, ground elevations, and the elevations of the lowest floor
(including basement) and the lowest grade adjacent to the structure,
certified by a registered professional engineer or licensed land
surveyor.
e. Data to substantiate the BFE (100-year elevation) may be provided by
a FEMA FIS or by an authoritative source, such as the u.s. Army
Corps of Engineers, U.S. Geological Survey, u.S. Soil Conservation
Service, other Federal agencies, or state and local water resource
departments, or may be determined from technical data prepared by a
registered engineer. Hydraulic calculations may also be requested
to determine a base flood elevation in an area where a BFE (100-year
elevation) has not previously been established.
f. A statement asserting the accuracy of the information submitted.
1-3
FEMA Evaluation and Response:
Upon receipt and evaluation of the required data by FEMA, the community
will be notified of the findings. Should a review of the evidence
indicate that a change in FEMA maps is needed, a LOMR will be issued
with copies transmitted to the State Coordinating Agency and the owner
of the property. The time required for FEMA to review requests of this
nature will generally depend on the quality and completeness of the data
submitted. Requests are usually evaluated within 4 to 8 weeks of the
receipt of all technical data required to review the case.
1-4
Insurance Purchase Requirement After Issuance of LOMR's:
Property owners are required to purchase flood insurance as a condition
of direct Federal or federally related financial assistance on a struc-
ture located in a designated SFHA on a FHBM or FIRM. Persons seeking a
LOMR should check with the lending institution that imposed the flood
insurance requirement originally to assure that if they are granted the
LOMR from FEMA, the lending institution will honor it. Although FEMA
may issue a LOMR removing a structure from the SFHA, it is the lending
institution's prerogative to require flood insurance if it deems such
action appropriate. A refund of the premium paid for the current policy
year is not available for a structure removed from the SFHA by fill
placed after the date of the first NFIP map, since the lot was not inad-
vertently included in the SFHA.
1-5 Appropriate Address:
Requests for a single-lot or single-structure LOMR should be sent to the
appropriate FEMA Regional Office (see Attachment).
More sp€cific information relating to LOMRs may be obtained by tele-
phoning FEMA's Washington Office at (202) 646-2764.
October 1985
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Federal Emergency Management Agency
Washington, D.C. 20472
CONDITIONS AND CRITERIA FOR
LETTERS OF MAP REVISION (LOMR's)
This sets forth the policy of the Federal Emergency Management Agency (FEMA)
concerning requests for a determination as to whether a single lot or single
structure, which has been elevated by fill, is located in a SFHA. In order
for FEMA to issue a LOMR of this type under Part 65 of the NFIP regulations,
a property owner should submit documentation, through the community, to
satisfy the criteria listed below. Compliance with these criteria will
result in the issuance of a LOMR, which will remove the structure or lot from
the SFHA. (LOMR's discussed in this document do not effect changes in BFE's,
floodway designations, coastal high hazard designations (V zones) and/or
shallow flooding areas.)
1-1
Definitions:
",
The terms used in this manual have the same meaning as those defined in
Part 59.1 of the NFIP regulations at 44 CFR 59 et~. SFHAs comprise
all lands subject to inundation by the flood having a one-percent chance
of being equaled or exceeded in any given year--hereafter called the
base flood. This flood's elevation is called the base flood elevation
(BFE) and is measured in feet above a given datum--e.g., the National
Geodetic Vertical Datum (NGVD).
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1-2
Technical Data Required:
All requests for a LOMR must be supported by sufficient technical data
to demonstrate that the entire land area within the legal bounds of a
lot or the structure itself has been elevated by fill and is not subject
to inundation by the base flood. For a lot, this consists of demon-
strating that the entire lot has been elevated by fill to or above the
BFE. For structures, it must be demonstrated that both the lowest floor
(including basement) and the lowest finished grade adjacent to the
structure have been elevated by fill to or above the BFE. Requests for
LOMRs must be submitted through the community to ensure community
knowledge and approval of the request. The following documentation
should be submitted to aid FEMA in processing each LOMR request:
a. A copy of the recorded deed indicating the legal description of the
lot and the official recordation inforrr~tion (deed book volume and
page number) and bearing the seal of the Recorder of Deeds.
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b. If the lot is recorded on a plat map, a copy of the recorded plat
indioating both the location of the lot and the official recordation
information (plat book volume and page number) and bearing the seal
of the Recorder. If the lot is not recorded on a plat map, copies
of the tax map or other sui table. maps are required to aid FEMA in
accurately locating the lot.
c. For a single lot filled in its entirety, a topographic map indi-
cating ground elevations and date of fill, certified by a registered
professional engineer or licensed land surveyor.
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d. For a single structure, a topographic map indicating ground eleva-
tions, structure location, and elevation of the lowest grade ad-
jacent to the structure, certified by a registered professional
engineer or licensed land surveyor. The owner must also certify
that no fill was placed to elevate the structure since the effective
date of the first NFIP map.
e. Data to substantiate the BFE (10Q-year elevation) may be provided by
a FEMA Flood Insurance Study or by an authoritative source, such as
the u.s. Army Corps of Engineers, u.s. Geological Survey, u.S. Soil
Conservation Service, other Federal agencies, or state and local
water resource departments, or may be determined from technical data
prepared by a registered engineer. Hydraulic calculations may also
be requested to determine a base flood elevation in an area where a
BFE (100-year elevation) has not previously been established.
f. A statement asserting the accuracy of the information submitted.
1-3 FEMA Evaluation and Response:
Upon receipt and evaluation of the required data by FEMA, the individ-
ual(s) making the inquiry will be notified of the findings. Should a
review of the evidence indicate that a change in FEMA maps is needed, a
LOMA will be issued with copies transmitted to the State Coordinating
Agency and the community. The time required for FEMA to review requests
of this nature will generally depend on the quality and completeness of
the data submitted. Requests are usually evaluated within 4 to 8 weeks
of the receipt of all technical data required to review the case.
1-4 Insurance Purchase and Premium Refunds After Issuance of LOMA's:
Property owners are required to purchase flood insurance as a condition
of direct Federal or federally related financial assistance on a struc-
ture located in a designated SFHA on a FHBM or FIRM. Persons seeking a
LOMA should check with the lending institution that imposed the flood
insurance requirement originally to assure that if they are granted the
LOMA from FEMA, the lending institution will honor it. Although FEMA
may issue a LOMA removing a structure from the SFHA, it is the lending
institution's prerogative to require flood insurance if'it deems such
action appropriate. If, however, the lending institution accepts a LOMA
and agrees to waive the flood insurance purchase requirement, the
property owner is eligible for a full refund of the premium paid for the
current policy year provided that ,no claim is pending or has been paid
on the policy in question during the same policy year. For processing
of the refund, the property owner need only provide the LOMA and evidence
of the waiver of the flood insurance requirement from the lending
institution to the agency or broker who sold the policy.
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Federal Emergency Management Agency
Washington, D.C. 20472
REQUEST FOR LETTER OF MAP REVISION
This is to request that a determination be made as to whether or not a
certain land area or structure is within a Special Flood Hazard Area.
All documents submitted in support of this appeal are correct to the best of
my knowledge. I understand that any false statement may be punishable by
fine or imprisonment under Title 18 of the United States Code, Section 1001.
Date
Signature of Applicant