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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. :l.!I!::,!~o(!"e!~'';';' ~ ~ ~... ~'I\'1\ ~ ~'" ,- ~~:a..JJ \Ill, ':JUL 2 1 1SBo "", ,f.. G\'rO~ P\ann\n~{, uepl, 20 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 ", ' -. 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 " 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, -' 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 .... " . 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 ~ ~. 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. .- 10' /. . (1':' , ( Federal Emergency Management Agency 1'~1'1IIl Washington, D.C. 20472 ;" l~j:AA ~ :4 ~~ i}1lrj :~,H\: CONDITIONS AND CRITERIA FOR LETTERS OF MAP AMENDMENT (LOMA' s) JUI n] ~1"\i)C~ .... _ iJ _ 1::100 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. Ageq~JOYFEfl~nning De~ 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 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. l 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. ...-'*-' "<,':i.~.;~~. -t (. ( l -. 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 0"-'1 , .~',:,~~i~~:~ ( 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). I , 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. / J \~ 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. ( 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. ! .r I '\ ( '- ( .' 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