Managing Coastal Erosion (1990) / Chapter Skim
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4. The National Flood Insurance Program
4. The National Flood Insurance Program
Pages 71-93
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From page 71... ...
and disaster relief could not fully alleviate the nation's mounting flood losses. The financial cost of these past strategies, their environmental impacts, and their failure to do anything to minimize future flood hazards led to the conclusion that new program initiatives were needed.
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From page 72... ...
The National Flood Insurance Act explicitly notes that sound land use management can rn~nimize flood losses. The act requires adoption of local land use ordinances that meet minimum federal standards as a precondition to the availability of flood insurance (see Sections 4002, 4012 in Appendix D)
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From page 73... ...
Part 60.24 encourages localities with erosion problems to direct future development to noneroding areas; to reserve erosionprone areas for open space; to coordinate planning with neighboring communities; and to adopt preventive measures for ~zones, "including setbacks, shore protection works, relocating structures in the path of flood-related erosion, and community acquisition of flood-related erosion-prone properties for public purposes." Part 60.22 encourages adoption of postflood recovery programs to preserve open space, relocate threatened development, and acquire hazardous lands and frequently damaged properties. Despite the inclusion of flood-related erosion hazards in the act in 1973 and the adoption of administrative regulations to address erosion hazards in 1976, the NF1P has failed in the intervening years to take action to implement these changes.
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From page 74... ...
. Areas subject to inundation by the base flood are called Special Flood Hazard Areas and are designated as A-zones on Flood Insurance Rate Maps (FIRMs)
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From page 75... ...
6. "Prohibit man-made alteration of sand dunes and mangrove stands within V zones which would increase potential flood damage.
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From page 76... ...
The failure to identify a comparable area of highest hazard (both in terms of potential for damage to structures located within such areas and in terms of their contribution to increasing the hazards to other structures from their floating debris in storms) is of serious concern, particularly given the potential for future coastal erosion.
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From page 77... ...
(FEMA, 12/28/87~. These trends have been reversed in recent years Most of the initial detailed flood hazard mapping has been completed.
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From page 78... ...
LOSS PR1:VENTION UNDER THE NFIP: THE UPTON-JONES AMENDMENT In 1987 Congress became concerned over the ever-increasing number of structures threatened by coastal erosion. Rising water levels in the Great Lakes threatened to undermine the trend toward fiscal integrity for the NF1P and become a serious drain on other federal fiscal resources.
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From page 79... ...
proposed a floor amendment to include coverage of the costs of relocating structures endangered by coastal erosion. Although minimum ocean-front setbacks had been imposed by his home state in 1979, an ever-increasing number of existing beach cottages in North Carolina were facing eventual collapse into the sea.
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From page 80... ...
The structure also must be subject to imminent collapse as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels. In making imminent collapse determinations, FEMA has adopted interim criteria based on a setback from the shoreline.
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From page 81... ...
The amendment directs FEMA to issue regulations defining criteria and procedures whereby state and local governments may certify that a structure is subject to imminent collapse as a result of erosion or underpinning caused by waves or currents of water exceeding anticipated cyclical lever. This certification process replaces the interim condemnation requirement now operating that varies widely among municipalities.
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From page 82... ...
"Such studies and investigations shall include, but not be limited to, laws, regulations, or ordinances relating to encroachments and obstructions on stream channels and floodways, the orderly development and use of good plains of rivers or streams, floodway encroachment lines, and flood plain zoning, building codes, building permits, and subdivision or other building restrictions." The conference committee report also indicated that "in order to effectively implement the erosion setback requirements, FEMA will be required to develop and publish tables of annual erosion rates for the calculation of erosion setbacks" and referred to Section 1361 as containing the necessary authorities to conduct such studies. Since the Upton-Jones Amendment originated as a House floor amendment to a Senate-passed act, the conference committee had limited ability to address additional issues and questions raised about the provisions and its impacts during its deliberations.
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From page 83... ...
236~. These changes included clarifying that the requirement to take mitigative action or face reduction of future flood insurance benefits is triggered upon a certification of imminent collapse rather than submission of a claim by the property owner.
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From page 84... ...
Demolition Relocation Claims denied Withdrawn Pending Coastal Claims (Average age of structure Delaware Florida Maryland North Carolina Ohio Texas Massachusetts Michigan New York Pennsylvania Virginia South Carolina Coastal claims approved (Average age of structure (Average amount approved Relocation (Average age of structure (Average amount Demolition (Average age of structure (Average amount Coastal claims denied No condemnation, in AEZ Condemned, not in AEZ No condemnation and not in AEZ Other Coastal Claims Withdrawn Coastal Claims Pending 266 77 143 46 86 70 16 92 24 64 188 32 years) 1 s 1 81 11 9 21 29 2 19 7 2 74 33 years)
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From page 85... ...
Demolition is the favored option, accounting for approximately two out of three claims filed and four out of five ciairns approved, a factor likely related to the condemnation requirement. The average value of settlement on approved claims for relocation and demolition claims has been $47,109 for all claims and $49,601 for coastal claims.
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From page 86... ...
. subject to imminent collapse or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels.
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From page 87... ...
. an area subject to erosion adjacent to the shoreline of an ocean, bay, or lake and within a distance equal to 10 feet plus 5 times the average annual long-term erosion rate for the site, measured from the reference feature.n If the intent of Congress is that the Upton-Jones A~nendment be used to encourage anticipatory action to remove structures threatened by erosion, then FEMA's interim definition of "zone of imminent collapse" is too narrow and restrictive to accomplish this.
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From page 88... ...
88 a c Ct ,cn c — (15 c n ~ a)
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From page 89... ...
. After a structure ~ certified as being within the "zone of imminent collapse" and after proper notification of the owner, FEMA should terminate insurance coverage of the structure under the NF1P or substantially increase the premium if relocation or demolition does not occur within a reasonable period of time.
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From page 90... ...
. There is no reason to undertake independent federal studies of erosion rates where the state already has a good data base and program for monitoring ongoing erosion.
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From page 91... ...
of the National Flood Insurance Act states that " . the objectives of a flood insurance program should be inte
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From page 92... ...
The unified program in its current form articulates a framework for achieving floodplain management objectives through cooperative use of a broad range of existing institutional and legislative arrangements at the federal, regional, state, and local levels of government. Coordination of relevant federal agencies having authority over aspects of land use in flood hazard areas is pursued through a federal interagency task force for flood loss reduction with FEMA as the lead agency.
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From page 93... ...
Document INS 173(a) and North Carolina National Flood Insurance Program Case Study.
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