CRS Class 8 Prerequisite
By Wanda Gaines, Division of Water
Many communities within the state of Indiana participate in the National Flood Insurance Program to make federal flood insurance available within their community. Because Indiana’s minimum floodplain regulations are more stringent than FEMA’s, several communities in Indiana choose to participate in the Community Rating System (CRS). CRS is a program in which policyholders within each community receive a discount on flood insurance premiums based upon the score assigned to their community. These scores are assessed for each community who wishes to participate in CRS via a points system. These points are allocated based upon the community’s activities that reduce risk, including current floodplain education, outreach, floodplain regulations, mitigation projects, etc. Communities that choose to not participate within CRS are listed as a Class 10.
In January 2021, FEMA changed one of the requirements to qualify as a Class 8 or lower within the CRS program. The new requirement can be found in Section 211 of the Coordinator’s Manual and reads:
“In order to be a Class 8 or better . . .
(1) The community must meet all the Class 9 prerequisites.
(2) The community must adopt and enforce at least a 1-foot freeboard requirement (including machinery and equipment) for all residential buildings constructed, substantially improved, and/or reconstructed due to substantial damage, throughout its Special Flood Hazard Area (SFHA) where base flood elevations have been determined on the Flood Insurance Rate Map (FIRM) or in the Flood Insurance Study (FIS), except those areas that receive open space credit under Activity 420 (Open Space Preservation).”
Typically, residential structures within the state of Indiana can elevate or design any electrical, heating, ventilation, plumbing, air conditioning equipment, utility meters, and other service facilities so as to prevent water from entering or accumulating within the components below the Flood Protection Grade (FPG). FEMA is no longer allowing the utilities to be waterproofed below the FPG in residential structures for communities which are Class 8 and lower. Communities in Indiana that are Class 7 and Class 8 must require all new or substantially improved residential structures to elevate all the utilities to or above the Flood Protection Grade.
If communities wish to maintain their Class 7 and 8 certifications, they must amend their current floodplain ordinance in one of two ways. One way is communities can amend the language within their ordinances to require both residential and nonresidential structures to elevate the utilities to the Flood Protection Grade. The second way is the language within the current ordinances can be amended to just specifically affect any new residential structures within the community and require them to elevate the utilities. This new prerequisite is going to be applied to communities during their first CRS reverification visit after Jan. 1. This means that CRS communities that do not already have this language adopted need to have their ordinance amended to incorporate it prior to their next cycle visit. This does not mean communities who are CRS Class 7 or 8 that just completed a CRS verification visit should put off amending their ordinance. FEMA notes a new version of the CRS Coordinator’s Manual (2023 or later) may require compliance at an earlier date. Please note that this change does not affect Class 9 communities.
Any questions regarding amending your community’s current ordinance to incorporate these changes should be directed to Floodplain Management staff via email (dnrfpm@dnr.IN.gov) or by phone (317-232-4413). If you have questions about CRS or are interested in participating in the program, please reach out to Tracie Belongia, CRS Specialist, at tbelongia@verisk.com, or 317-389-1480.
Increased Cost of Compliance (ICC)
By Doug Wagner, Division of Water
Increased Cost of Compliance (ICC), is an additional coverage option offered under a Standard Flood Insurance Policy (SFIP). ICC provides eligible policyholders up to $30,000 towards costs they incur to comply with minimum NFIP, state, and local floodplain management regulations. The reimbursable costs are only those costs that will mitigate future flood risks for the policyholder. Policyholders are eligible to receive ICC funds for a flood damaged structure that has been declared substantially damaged by the local official for their community in writing on community letterhead. Policyholders may also be eligible for ICC funds when their flood-damaged structure qualifies as a repetitive loss structure. However, the community where the structure is located must have previously adopted repetitive loss regulations in the local floodplain ordinance.
There are four main compliance activities that are eligible to receive funding under ICC coverage. They are: Floodproofing (dry) for non-residential structures only; relocation of the structure to a location outside of the flood hazard area; elevation of the structure to or above the Base Flood Protection Elevation (BFE) or local Flood Protection Grade (FPG) if there is a state or local freeboard requirement; and, demolition of the structure. A policyholder may also use a combination of the activities such as demolition and reconstruction which is often used for older structures.
Policyholders are eligible for payment of the ICC funds once they receive the letter from their community official confirming that the building is “substantially or repetitively damaged,” therefore requiring the property owner to comply with local floodplain regulations. Remember, either the substantial or repetitive damage clause must be adopted by the community in their floodplain management ordinance and enforced uniformly in the community.
If the property owner needs to receive an advance or partial payment (up to 50%) of the ICC funds, they must submit a copy of the declaration letter issued by the community; the permit issued for the mitigation activity and supporting documentation; a copy of the contract signed by both the property owner and contractor performing the mitigation activity; and a written agreement that the funds will only be used for eligible ICC work.
The balance of the ICC eligible expenses or the entire amount if no advance payment was received are paid upon verification that the project was completed and in full compliance. Upon completion of the project, the insured must submit to their insurer a copy of the determinations letter, if not already submitted; a copy of the community’s floodplain management ordinance; a copy of the approved permit(s) for the floodplain development associated with the compliance measure; photographs that detail the compliance measures’ progress from start to finish; and an elevation certificate based on finished construction for elevation projects; or a floodproofing certificate for floodproofing of non-residential structures.
In this issue we will discuss an uncommon type of ICC mitigation referred to as a “conversion.”
A conversion is when a property owner wishes to convert the lower level of the existing structure to non-habitable space and re-create that space at an upper level that is compliant with NFIP and floodplain management requirements. Normally this would just involve removing the roof to add a second story to relocate the habitable area of the structure and removing any non-flood resistant materials from the lower area. However, the property owner would be well advised to involve a registered design professional during the planning to ensure the entire structure is fully compliant at the completion to ensure ICC eligibility.
“ICC covers second story conversions, which are accomplished by abandoning the lower enclosed area making it non-habitable as long as the enclosed area is raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. A new second story is constructed usually when the depth of the base flood is more than four or five feet. The roof and roof framing are removed, and a new second story is built on top of the lower level. Considerations such as cost, final appearance, the strength of the existing foundation, and the need to address other natural hazards should also be considered. The building must meet the requirements of floodplain management and the community ordinance. The building after reconstruction must also meet the SFIP definition of an elevated building. The policyholder is required to submit a certification statement from a registered design professional to certify under seal that the structural design, plans, specifications, and method of construction are in accordance with accepted standards of practice in addition to meeting or exceeding the minimum floodplain management requirements of the NFIP and building codes.” NFIP Claims Manual
In future issues we will discuss requirements of other mitigation activities and some common pitfalls under ICC. You may also want to look at the following publications: NFIP Claims Manual 2020 and Increased Cost of Compliance Coverage.
Removing Vegetation from Lakefront Properties – From Muck Mats to Weed Rollers – What’s Allowed and What Needs a Permit?
By Alysson Oliger, Division of Water
One concern of lakefront property owners is unwanted vegetation in front of their property. Many see vegetation in the lake and equate it to weeds in their garden that need to be removed. However, most natural lakes contain some vegetation adjacent to the shoreline. This vegetation is natural and important to overall lake health. Those “weeds” take up excess nutrients, stabilize the lakebed, and provide a buffer to the effects of wave action. Aquatic vegetation helps to prevent algae blooms, minimizes bank erosion, and provides food and habitat for fish and other aquatic organisms. Before removing vegetation, consider the benefit the plants provide and whether it’s necessary to remove them.
While vegetation can be beneficial to lake health, the DNR understands the desire to remove nuisance, exotic, or invasive vegetation. There are many methods for removal, some of which can be done without a permit, some that require prior approval, and some that are not recommended.
Muck Mats:
One question staff have been asked recently is whether a muck mat or lake mat can be used to control vegetation. The Lake Preservation Act (IC 14-26-2) requires a permit from the DNR Division of Water for any structure to be placed in a public freshwater lake. Therefore, structures such as muck mats or lake mats require a permit from the DNR Division of Water. However, as part of the review of a permit application, the department must consider a project’s impacts to the shoreline, water line, or bed of the public freshwater lake as well as impacts to fish, wildlife, and botanical resources, among other considerations. Due to the nature of these products, the impacts to fish, wildlife, and botanical resources are significant. Specifically, these products physically prevent plants from growing and block sunlight from allowing future vegetation to grow as well. These products can remove habitat for freshwater mussels and aquatic macroinvertebrates, which are important for fish consumption and overall water quality. For these reasons, while muck mats require a permit from the DNR Division of Water, it is likely that a permit application for a lake mat or muck mat would be denied. The department recommends a less detrimental method for removal of aquatic vegetation.
Weed Rollers:
Mechanical weed rollers are another method that staff are often asked about. Weed rollers work by disturbing the lakebed to remove aquatic vegetation. This method of removing aquatic vegetation has temporary impacts to fish, wildlife, and botanical resources, but can be used without a permit if the exemption criteria under IC 14-22-9-10 and 312 IAC 9-10-3 are met. See the Aquatic Vegetation Control Permit section below for details.
Hand-held Tools:
Removing vegetation by hand or with hand-held tools is a less detrimental method for removing aquatic vegetation. Using hand-held tools allows property owners to target unwanted plant species while allowing other species to remain. This is the preferred way to remove vegetation as it has the smallest impact to fish, wildlife, and botanical resources when compared to other methods. Additionally, removal by hand or with hand-held tools can be done without a permit if the exemption criteria under IC 14-22-9-10 and 312 IAC 9-10-3 are met. See the Aquatic Vegetation Control Permit section below for details.
Aquatic Vegetation Control Permit:
The DNR Division of Fish & Wildlife has jurisdiction over aquatic vegetation removal projects. An Aquatic Vegetation Control Permit is required unless a project meets a permit exemption outlined in IC 14-22-9-10 and 312 IAC 9-10-3. The permit exemption for individual property owners with lake frontage allows for the removal of vegetation along no more than 25 feet parallel to the shoreline provided that the removal is in water no more than 6 feet deep and if the overall area of vegetation removal does not exceed 625 square feet in one contiguous area. Note that if the property already has an open area, any vegetation control under this exemption must include and be adjacent to the existing opening. See the graphic below for more information on the permitting exemption.
Other considerations:
This article is intended to provide advice for individual property owners who have questions about vegetation in front of their lakefront property. The rules explained in this article are specific to vegetation removal on public freshwater lakes, which are generally glacial lakes found in the northern third of the state. A list of public freshwater lakes can be found in the Natural Resources Commission Non-rule Policy Document titled “Public Freshwater Lake List”, which can be found at IN.gov/nrc/2375.htm.
The Lake Preservation Act (IC 14-26-2) requires prior approval from the DNR Division of Water for shoreline alterations such as seawalls, underwater beaches, and other projects, including activities that would alter the lakebed. If you are planning a project in or along the shoreline of a public freshwater lake, you can find a link to the application form as well as a link to a Permit Application Assistance Manual on the DNR Division of Water’s website at dnr.IN.gov/water/2455.htm. If you have an unusual project and aren’t sure whether a permit is required, you can use the Waterway Inquiry Request tool at waterways.IN.gov to submit a request to both the DNR Division of Water and the wetland section at the Indiana Department of Environmental Management (IDEM). After submitting a Waterway Inquiry Request, you will receive an email within two weeks that provides permitting information from both DNR and IDEM. Please note that you should also check with other state, local, and/or federal agencies to see if other permits are required.
Additional Information and Resources for Division of Water jurisdiction:
Additional Information and Resources for Aquatic Vegetation Control Permits from the DNR Division of Fish & Wildlife:
Updates to FEMA Technical Bulletins 3 and 6
By Wanda Gaines, Division of Water
In a world of ever-changing climate, the importance of regulating development in areas prone to flooding is greater than ever. However, it can be difficult to navigate dense floodplain regulations and uncommon scenarios, particularly for floodplain administrators who hold multiple roles within their community. Any new guidance on these regulations and scenarios is always welcome. Thankfully, as of January, FEMA has introduced new updates to Technical Bulletin 3 and Technical Bulletin 6. This article will briefly go over the new updates that have been included in each bulletin.
Technical Bulletin 3 discusses the different certification and design requirements for non-residential and mixed-use buildings that are to be dry floodproofed. This updated bulletin introduces different planning considerations that should be taken into account when designing a dry-floodproofed structure. These considerations involve site-specific flood hazards, building vulnerability, available flood warning time, functional use requirements, and how well the building will perform in the event of a flood. For design professionals who may be hired to dry floodproof a structure, this update provides step-by-step instructions for the entire process. It also provides a diagram that can act as a quick reference and review for professionals who may need a refresher. Some of the steps in the process include determining the level of flood protection for the structure based on the most restrictive federal, state, and local regulations, determining flood loads for the structure, and conducting assessments of the condition if it is an existing structure. The only way to certify that a structure is dry floodproofed is by having a licensed professional engineer or architect sign and seal a FEMA Dry Floodproofing Certificate. To ensure that the certificate has been filled out appropriately, this updated bulletin provides instructions.
Technical Bulletin 6 explains the dry floodproofing requirements for non-residential and mixed-use buildings which have below-grade parking areas. This update identifies specific issues that are prone to occur with below-grade parking areas that are dry floodproofed. If cars in below-grade parking areas are not moved in the event of a flood, the building can sustain structural damage from cars hitting on deck and structural support columns. Below-grade parking areas also receive additional pressure in a flood event from the large exposure to saturated soil, which makes the structure more susceptible to collapse and failure. This technical bulletin also refers to the updated TB-3 as it provides more extensive and detailed guidance to the design and construction process of a floodproofed structure. For an area below-grade to be “substantially impermeable,” the method using to dry floodproof the area must limit any seepage through the joints, walls, flood shields, and utility penetrations. TB-6 provides additional considerations and guidance for limiting potential areas of seepage for these below-grade structures.
Copies of the updated Technical Bulletin 3 and Technical Bulletin 6 can be found on FEMA’s website. Direct links are provided for both documents here (Technical Bulletin 3 and Technical Bulletin 6).
Building Codes Save
By Doug Wagner, Division of Water
In 2011, the Federal Emergency Management Agency (FEMA) initiated a four-phase study, “Building Codes Save: A Nationwide Study – Losses Avoided as a Result of Adopting Hazard-Resistant Building Codes.” The study culminated in November of 2020 with the publication of the findings here: Building Codes Save.
The study focused on buildings constructed since 2000 and the effects of modern building code adoption in relationship to natural disaster direct damage losses avoided. There are several interesting statistics that were revealed through the course of the study. One was that 65% of communities across the nation still have not adopted modern building codes. The study also estimates the reduction in property losses based on consistent growth associated with use of modern building codes from 2000-2040 to be $132 billion cumulative losses avoided.
The report calculates losses from three types of natural hazards (earthquakes, flooding, and wind) for each state and Washington, D.C. It also discusses the additional cost involved with building to modern building code and compares it to the damages that are averted by doing so. The study shows that the average cost increase to construct buildings to modern building code standards is generally less than 2% of the total building construction costs. It also shows the average annualized losses avoided for structures to be about 0.5%, showing a payback in three to four years. If you look at the payback over 30 years, the losses avoided are significant.
Although the study did not model any indirect cost savings such as loss of personal income, business interruptions, outsized debt, lost municipal tax receipts, etc., those costs would also be significantly reduced. The indirect costs often prohibit small businesses from reopening (40-60% on average) after a flood, which affects the overall viability of a community.
In summary, adopting and enforcing modern hazard-resistant building codes is one effective way a community can become more resilient to natural hazards and break the “build-destroy-rebuild” cycle. By breaking that cycle, communities free up additional resources to grow and improve their local economy and are better able to recover after a disaster occurs.
Upcoming Training Opportunities
(Information from FEMA, ASFPM, and other websites)
Association of State Floodplain Managers (ASFPM)
ASFPM has an online training program, and training is added regularly, see floods.org/training-knowledge-center/ for more information.
FEMA’s Emergency Management Institute (EMI)
The E0273 course, Managing Floodplain Development Through the NFIP, is scheduled at EMI on the following dates: May 24-27, June 28-July 1 & Aug. 30-Sept. 2. Dates are subject to change due to COVID-19 restrictions and guidance.
The E0279 course, Retrofitting Floodprone Residential Buildings is scheduled at EMI for June 14-17, 2021. Date subject to change due to COVID-19 restrictions and guidance.
EMI also offers many courses through webinar training opportunities online. For additional information on EMI classes and webinars, please visit EMI’s training calendar website at training.fema.gov/emicourses/schedules.aspx and its course catalog at firstrespondertraining.gov/frt/npccatalog/EMI.
Other Trainings and Conferences
Virtual Workshops – March
The Floodplain Management Section will be providing the “New Administrators’ Workshop” as a series starting on March 2 from 2-4 p.m. ET and March 3 & 4 from 9-11 a.m. ET. This will cover post flood responsibilities, Increased Cost of Compliance, variances in the SFHA and mitigation measures. You can register for here: New Administrators’ Part Registration.
Another part will be held on March 9 from 2-4 p.m. ET and March 10 & 11 from 9-11 a.m. ET. This will cover the Indiana Floodplain Information Portal (INFIP), Division of Water’s Online Research Center (DoWORC), mapping examples, permitting examples and additional resources for local officials. You can register here: New Administrators’ Part Registration.
Indiana Department of Homeland Security
Please visit the Indiana Department of Homeland Security’s training calendar for upcoming courses and trainings at oas.dhs.in.gov/hs/training/public/calendar.do.
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THANK YOU
Thanks to those contributing to this issue: Ryan Mueller, Anita Nance, Darren Pearson, Wanda Gaines, Alysson Oliger, Jennifer Ware, Nate Thomas, Matt Buffington, Debbie King, Marty Benson, Scott Roberts, Don Kaczorowski, and Ed Reynolds.
Editor – Doug Wagner
The work that provides the basis for this newsletter was supported by funding under a cooperative agreement with the Federal Emergency Management Agency. The author and publisher are solely responsible for the accuracy of the statements and interpretations contained in the publication. Such interpretations do not necessarily reflect the views of the federal government.
Waterlines is produced biannually as a public service by the DNR Division of Water.
Waterlines is available on the web at dnr.IN.gov/water.
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