FEMA PERMIT

THE PERMIT PROCESS

Developer gets local permit from municipality allowing development in floodplain
City sends CLOMR to FEMA with application from developer for review
FEMA reviews permit for fill and build according to FEMA regulations
FEMA denies or approves permit

IF APPROVED

Developer starts building
Another permit is authorized by the City verifying the developer followed the rules outlined by FEMA/City
FEMA revises floodplain map and removes properties from floodplain. Flood insurance is no longer required.

LANDOWNERS CAN CHANGE FLOODPLAIN MAPS

Landowners and developers can ask for FEMA to revise the floodplain to exclude structures or other portions of their land if they meet specific regulations. This process is known as a Letter of Map Revision (LOMR). If a developer is looking a property that doesn't meet the guidelines yet, they can submit a Conditional Letter of Map Revision (CLOMR) with approval of the local jurisdiction stating the development meets local regulations. FEMA will review the site plan and if it meets the federal regulations then they will approve the CLOMR, which essentially promises to provide the developer a LOMR once the grading and filling of the floodplain has been achieved and approved once again by the local authority.

FEMA AND NEW BOSTON CROSSING

Ultimately, if FEMA denies the CLOMR, then the New Boston Crossing project is doomed. The developer would not be able to achieve the numbers in the H&H study to compile with city floodplain regulations without grading and filling the floodplain which can only be achieved once a CLOMR is approved. Unfortunately the City of Lawrence approved an illegitimate local floodplain development permit which spurred the CLOMR to FEMA. Since this got approved on a local level with stricter flodplain regulations than the state of Kansas and FEMA, currently it looks like the project will gain approval on the CLOMR. FEMA is slow, especially considering they passed a new Final Rule which created stricter floodplain regulations, so we have no update on when this permit will be approved/denied.

FEMA REGULATIONS ARE MINIMAL

Floodplain management regulations are formed on the local, state, and federal level. Ultimately all federal floodplain regulations, standards, and permit approvals come from FEMA, however states and local jurisdictions are allowed to tailor floodplain regulations to specific local issues and create stricter floodplain regulations. FEMA actively encourages local jurisdictions to create stricter floodplain regulations via the Community Rating System (CRS), an incentive program that offers community wide discounts on flood insurance for municipalities that have standards more through than the National Flood Insurance Program (NFIP) requires. This program evaluates cities based on several criteria including stormwater management policies, floodplain regulations, distribution of flood information, etc. The stronger the regulations, the higher the discount. For more information on CRS click here. Lawrence currently sits at a 10% discount while our Eastern neighboring cities enjoy a 25% discount. Tulsa, OK is one of two cities with the highest discount of 45%. Since FEMA's regulations and standards form the minimum requirements to get flood insurance, FEMA is considered the bare minimum for floodplain regulation standards.

FEMA DETERMINES THE FLOOD MAPS

FEMA generates Flood Insurance Rate Maps (FIRMs) which define and delineates the various flood risk zones including the floodway (often rivers or streams themselves), the 100 year floodplain (at any given year the space has a 1% chance of flooding), and the 500 year floodplain (0.02% chance of flooding). Most municipalities, including Lawrence, use these FIRMs to define local floodplain boundaries. FEMA's FIRMs (floodplain maps), are known to be outdated and considered inadequate in their methodology. These maps can only account for historic data and cannot model future predictions given the rapid climate change that is happening (sources 1, 2 ,3). This means that the floodplain maps statistically predict a 50% chance the flood will be within the floodplain map. The flood data for the Wakarusa River is extremely outdated with most recent data from the 1990s and the FIRM dated 2010. Our climate is rapidly becoming unpredictable with heavier precipitation events that do not follow historic data.

FEDERAL CHANGES ON HORIZON

There have been positive changes in the federal government over the past few years regarding flood regulations. FEMA's own advisory board has asked FEMA to ban "fill and build" projects and revise the confidence interval for floodplain maps from 50% to 95% (full report here). New Final Rules by FEMA and HUD to require federal buildings be built to higher flood standards that utilize Climate Informed Science Approaches to establish new floodplain boundaries. However, this only applies currently to federally funded projects and buildings. It would not apply to New Boston legally, but we should advocate for this to be a community standard especially considering that the Wakarusa River Valley experienced a 500 year flood event in 2019. To learn more about FFRMS click here.

UPDATE: During the current administration the FFRMS program has been quietly stopped, effectively neutralizing it. There are talks within the administration to remove FEMA, we are unsure what the future holds.

Glossary

FEMA - Federal Emergency Managment Agency. FEMA manages the NFIP which determines the minimum regulations for a property to be flood insured. FEMA is directly responsible for FIRM maps and revisions to the 100 floodplain boundaries used to base flood policies risk.
CRS- Community Rating System. A voluntary program that offers discounts to communities if they enact stricter flood protections than required by the NFIP. This includes floodplain regulations and stormwater management practices.
TMAC- Technical Mapping Advisory Counsel. An advisory group of experts for FEMA that provides recommendations to FEMA's floodplain maps.
NFIP- National Flood Insurance Program. FEMA program that mandates flood insurance for homeowners who are in regulatory floodplains as determined by FEMA floodplain maps.
CISA- Climate Informed Science Approach. Combines the most updated mapping data with future predicted flood events due to climate change.
FFRMS- Federal Flood Risk Management Standard. Developed to protect federal assets from flooding, it requires agencies to use a higher floodplain standard when building in the floodplain.
CLOMR- Conditional Letter of Map Revision. Used when a proposed development wants to revise the floodplain map by filling in and grading portions of the floodplain. The same as a LOMR but for structures that have yet to be built.
LOMR- Letter of Map Revision. These permits allow revision of the floodplain maps provided by FEMA. FEMA must analyze the data to see if the structures are in compliance with NFIP standards. FEMA can deny or approve LOMRs initiated by landowners, cities, or states.
FIRM- Flood Insurance Rate Maps. Designate different risk levles of the floodplain with floodways considered highest risk. These maps are often used by communities that cannot afford mapping their own floodplains.

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