CITY OF DALLAS March 4, 2002 Ms. Tommie McPherson, P.E. Halff Associates, Inc. 8616 Northwest Plaza Drive Dallas, Texas 75225 Re: 14500 Winwood Dear Ms. McPherson: , have reviewed the
floodplain reclamation study prepared for Dalcan, Inc. for property at 14500 Winwood Road in Addison, Texas. The hydraulic analyses presented in the study indicate that City of Dallas
criteria have been met. Specifically, there is no rise in the water surface through or upstream of the project site, no creation of erosive velocities, and valley storage loss will be
mitigated by excavation. Thus, there is no adverse impact to properties downstream, adjacent to, or upstream of the project site. This approval is contingent on the excavation of 450
cubic yards of soil from within the 􀀱􀁾􀀰􀀰􀁤􀁰􀁬􀁡􀁩􀁮 behind 14500 Winwood, and staking of the water easement in the vicinity of Noel Branch prior to construction activity. The excavation
is indicated to be on the grounds of the Jefferson Montford Apartments at 5711 Preston Oaks Road. Please feel free to call me at 214-948-4666 if you need additional information. Sincerely,
􀁳􀁾􀁦􀀲􀁌 Steve Parker, P.E. Program Manager Flood Plain Management Engineering and Construction Division FP .1\/1.l\d::!ison 14500 Wir.wood 020304.doc c: Mr. Michael E. Murphy, P.E.,
Director of Public Works, Addison, Texas Mr. Doug House, Kennedy Wilson Properties, Houston, Texas DEPARTMENT OF PUBLIC WORKS AND TRANSPORTATION OAK CLIFF MUNIC;PAL CENTER 320 E JEFFERSON
BOULEVARD DALLAS. TEXAS 75203 TELEPHONE 214 948-4200 FAX 214 948-4239
Item #R5-Item #R6-Item #R7-Voting Aye: Bradbury, Braun, Hirsch, Ryland, Turchin Voting Nay: None Absent: Doepfner Administrative Recommendation: Administration recommends approval. Consideration
of an Ordinance approving a meritorious exception to Chapter 62, Signs, Section 62-163(5), Maximum Letter/Logo Height, located at 5000 Belt Line Road, # 210 on application from Voice
Stream. Attachments: 1. Staff Report 2. Application 3. Plans Administrative Recommendation: Administration recommends approval. PUBLIC HEARING and consideration of an Ordinance affecting
participation of City employees in the Texas Municipal Retirement System, granting the additional rights authorized by Section 854.202(g) (20 year any age retirement eligibility) of
Title 8. Texas Government Code, as amended. Attachment: 1. Memo from Judy Stafford, Director of Human Resources 2. Proposed Ordinance Administrative Recommendation: Administration recommends
approval. Consideration of an Ordinance amending Chapter 42, "Floods," of the Code of Ordinances of the city by amending Article II, "Flood Damage Prevention" to ensure eligibility for
participation in the National Flood Insurance Program. City Council Agenda 01-09-01
December 29,2000 MEMORANDUM To: Chris Terry, Assistant City Manager Through: Mike Murphy, P.E., Director ofPublic Works From: Steve Chutchian, P.E., Assistant City Engineer ,,-z,<:.
Ce: Jim Pierce, P.E., Assistant Director ofPublic Works􀁾 Subject: Amendment ofCHAPTER 42, "FLOODS," OF THE CODE OF ORDINANCES OF THE CITY BY AMENDING ARTICLE II, "FLOOD DAMAGE PREVENTION,"
TO ENSURE ELIGIBILITY FOR PARTICIPATION IN THE NATIONAL FLOOD INSURANCE PROGRAM; PROVIDING A SAVING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE Section 16.3145
ofHouse Bill No. 1018 requires the governing body ofeach city and county to adopt an ordinance in order to become eligible to participate in the National Flood Insurance Program (NFIP).
It further stipulates that adoption ofthis ordinance must take place prior to January 1, 2001. The attached ordinance was prepared to meet the requirements ofthe State legislature. Actual
participation in the NFIP may be achieved by subsequent Council approval ofa resolution resolution that stipulates the desire ofthe Town ofAddison to participate in the NFIP and enforce
flood plain management regulations consistent with Federal Emergency Management Association (FEMA) criteria. House Bill 1018 does not include a means ofenforcement or penalties for any
municipality that fails to enter the program as a member. Should the Town ofAddison pursue participation in the NFIP in the future, the following benefits will be experienced throughout
the community: • Property owners located in the floodplain areas ofthe Town will become eligible for Federal Disaster Relief Funds, as a result ofdamage from tornados, flooding, etc.
• Properties may be covered by flood insurance to address other drainage related events, such as water main breaks and construction activity. • Property owners may obtain flood hazard
insurance, in accordance with FHA and VA requirements, when building in designated flood plain areas.
Public Works Department staffwas advised by the Mitigation Division ofFEMA that the proposed ordinance amendment may be submitted to their Denton, Texas office for disposition subsequent
to the January 9,2001 Council meeting. Staffrecommends that Council authorize the adoption ofthe above mentioned ordinance amendment, regarding eligibility for participation in the National
Flood Insurance Program.
TOWN OF ADDISON . ORDINANCE NO. _ AN ORDINANCE OF THE. CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS, AMENDING CHAPTER 42, "FLOODS," OF THE CODE OF ORDINANCES OF THE CITY BY AMENDING 􀁁􀁒􀁔􀁉􀁃􀁾􀁅
ll, "FLOOD DAMAGE PREVENTION," TO ENSURE ELIGmILITY FOR PARTICIPATION IN THE NATIONAL FLOOD INSURANCE PROGRAM; PROVIDING A SAVING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
AN EFFECTIVE DATE•. WHEREAS, the flood hazard areas of Addison, Texas are subject to periodic inundation which could result in serious damage to properties withiri those areas, loss
of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief: all of which
would adversely affect the public health, safety and general welfare; and Whereas, such flood losses are created by the cumulative effect of obstructions in floodplains which cause an
increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods, and hazardous to other lands because they are inadequately elevated,
floodproofed or otherwise protected from flood damage; and WHEREAS, members ofthe community ofAddison are not eligIble to purchase flood insurance under the National Flood Insurance
Program unless Addison joins the National Flood Insurance Program; and WHEREAS, Section 16.3145 ofthe Texas Water Code provides that the governing body ofeach city shall adopt ordinances
or orders necessary for the city to be eligible to participate in the National Flood Insurance Program; and WHEREAS, The City Council desires to amend Chapter 42, "Floods," of the Code
of Ordinances to ensure that the Town's regulations are adequately designed to minimize flood losses and ensure eligibility for participation in the National Flood Insurance Program;
Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS: Section 1. Incorporation of Premises. That the above and foregoing premises are true and correct and
are incorporated herein and made a part hereoffor all purposes. Section 2. Amendment. That Chapter 42, "Floods," ofthe Code ofOrdinances ofthe Town of Addison, Texas (the "City") is
hereby amended by amending Article II, "Flood Damage Prevention," as set forth in Exlnbit A attached hereto and incorporated herein, and all other chapters, sections, subsections, paragraphs,
sentences, phrases and words of the Code are not amended but are hereby ratified, verified, approved and affirmed. Documenlll: 930087 1
Section 3. Savings. 1bat this ordinance shall be cumulative of all other ordinances of the City affecting flooding and shall not repeal any of the provisions of those ordinances except
in those instances where the provisions of those Ordinances are in direct· conflict with the provisions ofthis Ordinance. Section 4. Severability. 1bat the sections, paragraphs, sentences,
phrases, clauses and words ofthis Ordinance are severable, and if any section, paragraph; sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance
is held invalid or unconstitutional by a Court ofcompetent jurisdiction, such holding shall not affect the validity of the remaining portions ofthis Ordinance, and the City Council hereby
declares that it would have adopted such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 5. Effective
Date. 1bat this ordinance sli3n become effective from and after its date ofpassage as provided by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS, this
day of , 2000. Mayor Scott Wheeler ATTEST: Carmen Moran, City Secretary APROVED AS TO FORM: Ken Dippel, City Attorney .. DoaunOllI #: 930087 2
EXHIBIT A ARTICLE D. FLOOD DAMAGE PREVENTION DIVISION 1. GENERALLY Sec. 42-31. Statutory Authorization. Local governments are authorized by Chapter 16 of the Texas Water Code to adopt
regulations designed to minimize flood losses, and to take all necessary and reasonable actions to comply with the requirements and criteria ofthe National Flood Insurance Program. Sec.
42-32•. Definitions. Unless specifically defined below, words or phrases used in this article shall be interpreted to give them the meaning they have in common usage and to give this
article its most reasonable application. The following words, terms and phrases, when used in this article, shall have the meanings ascnbed to them in this section, except where the
context clearly indicates a different meaning: Alluvial fan flooding means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is
characterized by ·high-velocity flows; active processes oferosion, sediment transport, and deposition; and unpredictable flow paths. Apex means a point on an alluvial fan or similar
landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. Area ofshallow flooding means a designated AO, AH,
or VO zone on the Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance offlooding to an average depth of one to three feet where a clearly defined channel does
not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Area ofspecial flood hazard means
the land in the floodplain subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After
detailed ratemaking has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zone A, AE, AH, AO, AI-99, VO, VI-30, VB or V. Base flood means the
flood having a one percent chance of being equaled or exceeded in any given year. Basement means any area ofthe building having its floor sub-grade (below ground level) on all sides.
1
Critical feature means an integral and readily identifiable part of a flood protection 􀁳􀁹􀁳􀁴􀁥􀁾 without which the flood protection provided by the entire system would be compromised.
Development means any man-made change to improved or unimproved real estate, including but not ·limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations or storage ofequipmentor materials. Elevated building means a non-basement building (i) built, in the case of abuilding in Zones AI-30, AE, A, A99,
AD, AH, B, C, X, and D, to have the top ofthe elevated floor, or in the case ofa building in Zones VI-30, VE, or V, to have the bottomofthe lowest horizontal structure member of the
elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the floor of the water and (ii) adequately anchored so as not
to impair the structural integrity of the building during a flood of up to the magnitude ofthe base flood. In the case ofZones 􀁁􀁉􀁾􀀳􀀰􀀬 AE, A, A99, AD, AH, B, C, X, and D, "elevated
building" also includes a building elevated by means of :fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the
case of Zones VI-30, VE, and V, "elevated building" also includes a building otherwise meeting the definition of "elevated building," even though the lower area is enclosed by means
of breakaway walls if the breakaway walls meet the standards of Section 60.3(e)(5) of the National Flood Insurance Program regulations. Existing construction means for the purposes of
determining rates, structures· for which·the "start of construction" commenced before the effective date of the FIRM or before January ·1, 1975, for FIRMs effective before that date.
"Existing construction" may also be referred to as "existing structures." Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the·
construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction ofstreets,
and either :final site grading or the pouring ofconcrete pads) is completed before the effective date ofthe adoption offloodplain management regulations. Expansion to an existing manufactured
home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including
the installation of utilities, the construction of streets, and either :final site grading or the pouring ofconcrete pads). Flood or flooding means a general and temporary condition
of partial or 􀁣􀀼􀀿􀁾􀁰􀁬􀁥􀁴􀁥 inundation ofnormally dry land areas from: (l) the overflow ofinland or tidal waters; or (2) the unusual and rapid accumulation or runoffofsurface waters
from any source. 2
Flood insurance rate map (FIRM) means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones.
Flood insurance study means the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, water surface elevation of the base flood, as
well as the Flood Booodary-Floodway Map. Floodplain or flood-prone area means any land area susceptible to being inundated by water from any source (see definition offlooding). Floodplain
management means the operation of an overall program of corrective and preventive measures for reducing flood damage, .including but not limited to emergency preparedness plans, flood
control works and floodplain management regulations. Floodplain management regulations means zoning ordinances, subdivision regulations, building codes," health regulations, special
purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications ofpolice power, in any combination thereof, which provide
standards for the purpose of flood damage prevention and reduction. Flood protection system means those physical structural works for which funds have been authorized, appropriated and
expended, and which have been constructed specifically to modify flooding in order to reduce the extent of the areas subject to a "special flood hazard" and the extent of the depths
of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in
conformance with sound engineering standards. Flood proofing means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate
flood damage to real estate or iinproved real property, water and sanitary facilities, structures and their contents. Floodway (regulatory floodway) means the channel of a river or other
watercourse watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a
designated height. Functionally dependent use means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes
only docking 􀁦􀁾􀁾􀁩􀁬􀁩􀁴􀁩􀁥􀁳􀀬 port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair "facilities, but does not
include long-term storage or related manufacturing facilities. Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed
walls ofa structure. " Historic structure means any structure that is: 3
(1) listed individually in the National Register of Historic Places (a listing maintained by the Department ofInterior) or preliminarily determined by the Secretary ofthe Interior as
meeting the requirements for individual listing on the National Register; (2) certified or· .preliminarily determiIied by the Secretary of the Interior as contnDuting to the historical
significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or (3) individually listed on the
state's inventory ofhistoric places. Levee. means a man-made structure, usuaIiy' an earthen embankment, designed and constructed in accordance with sound engineering practices to contain,
control, or divert the flow ofwater so as to provide protection from temporary flooding. Levee system means a flood protection system that consists of a levee, or levees, and associated
structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. Lowest floor means the lowest floor ofthe lowest
enclosed area (including basement). An unfinished or flood resistant enclosure usable. solely for parking or vehicles,· building access or storage in an area other than a basement area
is not considered a building's lowest floor; provided . that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirement
of Section 60.3 of the National Flood insurance Program regulations. Manufactured home means a structure transportable in one or more sections, which is built on a permanent chassis
and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle." Manufactured
home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Mean sea level means, for purposes ofthe National
Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on the Flood Insurance Rate Map are referenced. . .
National Flood Insurance Program Regulations means those regulations contained in Chapter 1 of Title 44 of the Code of Federal Regulations (CFR) pertaining to floodplain management.
New construction means, for the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date ofan initial FIRM or
4
after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for
which the "start of construction" commenced on or after the effective date of a floodplain management regulation and includes any subsequent improvements to such structures. New manufactured
home park or subdivision means a manufactured. home park· or subdivision for which the construCtion of facilities for servicing the lots on which ·the manufactured homes are to be affixed
(including at a minimum, the installation of -utilities, the construction ofstreets, and either final site grading or the pouring ofconcrete pads) is completed on or after December 12,
2000. Recreational vehicle means a vehicle that is: (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projections; (3) designed to be
self-propelled or permanently towable by a light duty truck; and (4) designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping,
travel, or seasonal use. Start of construction (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348) includes substantial
improvement arid means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement
was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings,
the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading and ftIling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings,
footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied
as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other
structural part of a building, whether or not that alteration affects the external dimensions ofthe building. Structure means a walled and roofed building, including a gas or liquid
storage tank ailda manufactured home, that is principally above ground. Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure
to its before damaged condition would equal or exceed 50 percent of the market value ofthe structure before the damage occurred. Substantial improvement means any reconstruction, rehabilitation,
addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent ofthe market value ofthe structure before "start of construction" of the improvement. This
includes structures that 5
have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (l) any project for improvement of a structure to correct
existing violations ofstate or local health, sanitary, or safety code specifications which have been identified by the building official and which are the minimum necessary conditions;
or (2) any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." Variance means a grant
of relief from the requirements of this article that permits construction or development in a manner that would otherwise be prolubited by this article. Violation means the failure of
a structure or other development to be fully compliant with the Town's floodplain management regulations. A structure or other development without appropriate certifications, or other
required evidence of compliance is presumed to be in violation until such time as that documentation is provided. Water surface elevation means the height, in relation to the National
Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), offloods ofvarlous magnitudes and frequencies in the floodplains ofcoastal or riverine areas. Sec. 42-33. Applicability.
This article applies to all areas of special flood haz3.rd within the jurisdiction of the Town. Sec. 42-34. Penalties for noncompliance. No structure or land shall hereafter be constructed,
located, extended, converted, or altered, or have its use changed without full compliance with the terms of this article and all other applicable regulations. Violation of the provisions
of this article by failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with conditions, shall constitute a misdemeanor.
Any person who violates this article or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500.00 for each violation in accordance with
Section 1-7 ofthis Code, and in addition shall pay all costs and expenses involved in the case. Nothing contained in this article shall prevent the Town from taking such other lawful
action as is necessary to prevent or remedy any violation. Sec. 42-35. Interpretation. In the interpretation and application ofthis article, all provisions shall be: (l) considered as
minimum requirements; 6
(2) h1Jerally construed in favor ofthe city council; and (3) deemed neither to limit nor repeal any other powers granted under state statutes. Sec. 42-36. Purpose.. . It is the purpose
ofthis article to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
(1) protect human life and health; (2) minimiz,e expenditure ofpublic money for costly flood control projects; (3) minimize the need for. rescue and relief efforts associated with flooding
and generally undertaken at the expense ofthe general public; (4) minimize prolonged business interruptions; (5) minimize damage to public facilities and utilities such as water and
gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; (6) help maintain a stable tax base by providing for the sound use and development of flood-prone
areas in such a manner as to minimize future flood blight areas; and (7) ensure that potential buyers are notified that property is in a flood area. Sec. 42-37. Basis for establishing
the areas ofspecial flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance
Study for Addison, Texas," with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps (FIRM and FBFM), dated July 30, 1999, and any revisions thereto are hereby adopted
by reference and declared to be apart ofthis article. The flood insurance study is on file at 4500 Belt Line Road, Addison, Texas. Sec. 42-38. Abrogation and greater restrictions. This
article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and another ordinance, easement, covenant,
or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 7
Sec. 42-39. Methods of reducing flood losses. In order to accomplish its purposes, this article includes methods and provisions for: (1) restricting or prolnoiting uses that are dangerous
to health, safety or property in times offlood, or that cause excessive increases in flood heights or velocities; (2) requiring that uses vulnerable to floods, including facilities which
serVe such uses, be protected against flood damage at the time ofinitial construction; (3) controlling the alteration of natural floodplains, stream channels, and natural protective
barriers, which help accommodate or channel flood waters; (4) controlling filling, grading, dredging and other development which may increase flood dainage; and (5) preventing or regulating
the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other areas. Sec. 42-40. Warning and disclaimer or liability. The
degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater
floods can and will occur and flood heights may be increased by man-made or riatural causes. This article does not imply that land outside the areas of special flood hazards or uses
permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part ofthe Town or any officer or employee thereoffor any flood
damages that result from reliance on this article or any administrative decision lawfully made under this article.Sees. 42-41-42-55. Reserved. DIVISION 2. ADMINISTRATION AND ENFORCEMENT Sec. 42-56. Floodplain administrator. The Director of Public Works is hereby appointed the Floodplain Administrator
to administer and implement this article and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to floodplain management. Sec. 42-57. Duties
& responsibilities of the floodplain administrator. 8
Duties and responsibilities of the Floodplain Administrator include, but are not limited to, the following: (1) Maintaining for public inspection all records pertaining to the provisions
of this article. . (2) Reviewing permit applications to determine whether proposed building sites, including the placement of manufactured homes, will be reasonably safe from flooding.
(3) Reviewing all applications for development permits required by this article to determine that all permit requirements have been satisfied. (4) Reviewing permits for proposed development
to determine that all necessary permits have been obtained from those federal, state or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act
Amendments of1972, 33 U.S.C. 1334) from which prior approval is required. (5)· Making interpretations, where needed, as to the exact location of the boundaries of the areas of special
flood hazMds (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). (6) Notifying adjacent communities and the Texas Natural Resource
Conservation Commission prior to any alteration or relocation ofa watercourse, and submitting evidence ofsuch notification to the Federal Emergency Management Agency. (7) Assuring that
the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.. (8) Obtaining, reviewing and reasonably utilizing any base flood elevation data
and floodway data available from a federal, state or other source, in order to administer this article, when base flood elevation data has not been provided in accordance with Section
42-37.· (9) Requiring that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones AI-3D and AE on the FIRM when a regulatory
floodway has not been designated, unless it is demonstrated that the cumulative effect of the proposed development: when combined with all other existing and anticipated development,
will not increase the water surface elevation of the base flood more than one foot at any point within the Town. (10) Making application under the provisions of44 CFR Chapter 1, Section
65.12; of the National Flood Insurance Program regulations for a conditional FIRM revision (Conditional Letter ofMap Revision) through 􀁆􀁅􀁾 when appropriate 9
to approve development that increases the water surface elevation of the base flood by more than one foot in Zone AI-30, AB, or AH, on the FIRM. Sec. 42-58. Development permit -required
A development permit must be obtained before construction or development begins_ within any area ofspecial flood hazard to ensure conformance with the provisions ofthis article. Sec.
42-59. Development permit -procedure. (a) Application for a Development Permit shall be presented to the Floodplain Administrator on forms furnished by 􀁾􀁥 Administrator and must include,
but is not limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including
the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: (1) Elevation
(in relation to mean sea level), of the lowest floor (including basement) ofall new and substantially improved structures. (2) Elevation in relation to mean sea level to which any nonresidential
structure shall be floodproofed. (3) A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria
of Paragraph 2 ofSection 42-77. (4) A description of the extent to which any watercourse or natural drainage will be altered or relocated as a result ofproposed development. (b) The
Administrator must maintain a record of all such information in accordance with Paragraph 1 of Section 42-57. (c) Approval or denial of a Development Permit by the Floodplain Administrator
. shall be based on the provisions ofthis article and the following relevant factors: (1) The danger to life and property due to flooding or erosion damage. (2) The susceptibility of
the proposed facility and its contents to flood damage and the effect ofsuch damage on the individual owner. (3) The danger that materials may be swept onto other lands to the injury
ofothers. (4) The compatibility ofthe proposed use with existing and anticipated development. 10
(5) The safety of access to the property in times offlood for ordinary and emergency velrlcles. . (6) The costs of providing governmental services during and after. flood conditions
including maintenance and repair of streets and bridges, and public utilities··and facilities such as sewer, gas, electrical and water systems. (7) The expected heights, velocity, duration,
rate ofrise and sediment transport ofthe floodwaters and the effects ofwave action, ifapplicable, expected at the site. (8). The necessity to the facility ofa waterfront location, where
applicable. (9) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use. (10) The relationslrlp ofthe proposed use to the comprehensive
plan for that area. Sec. 42-60. Variances. (a) The building code board of appeals as established by the Town shall hear and . decide appeals and requests for variances from the requirements
oftlrls article. (b) The building code board of appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the
Floodplain Administrator in the enforcement or administration of tlrls article. All decisions of the building code board ofappeals are final. (c) In passing upon such applications, the
building code board of appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections oftlrls article and: (1) The danger that materials
may be swept onto other lands to the injury ofothers; (2) The danger to life and property due to flooding or erosiondamage; (3) The susceptibility of the proposed facility and its contents
to flood damage and the effect ofsuch damage on the individual owner; . (4) The importance of the services provided by the proposed facility to the community; (5) The necessity to the
facility ofa waterfront location, where applicable; 11
(6) The availability ofalternative locations for the proposed use which are not subject to flooding or erosion damage; (7) The compatibility ofthe proposed use with existing and anticipated
development; . . (8) The relationship of the proposed use to the comprehensive plan· and floodplain management program ofthat area; (9) The safety of access to the property in times
of flood for ordinary and emergency vehicles; (10) The expected heights, velocity, duration, rate ofrise and sediment transport ofthe floodwaters and the effects ofwave action, ifapplicable,
expected at the site; and (11)· The cost of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such
as sewer, gas, electrical and water systems and streets and bridges. . (d) Upon consideration of the factors of this section and the purposes of this article, the building code board
of appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes ofthis article. (e) The Floodplain Administrator shall maintain a record
of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency upon request. (f) Generally, variances may be issued for new
construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the
base flood 􀁬􀁥􀁶􀁥􀁾 providing the relevant factors in Subsections (c)(I) through (c)(Il) of this section have been fully considered. As the lot size increases beyond the one-half acre,
the technical justification required for issuing the variance increases. (g) Variances may be issued for the repair or rehabilitation ofhistoric structures upon a detennination that
the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum. necessary to preserve the historic
character and design ofthe structure. (h) Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally
dependent use provided that:(1) the criteria outlined in this section are met, and (2) the structure or other development is protected by methods that minimize flood damages during the
base flood and create no additional threats to public safety. 12
(i) Variances may be issued for the reconstruction, .rehabilitation or restoration of structures listed on the National Register ofHistoric Places or the State Inventory ofHistoric Places,·without
regard to the procedures set forth in the remainder ofthis section. G) Variances shall not· be issued within any designated floodway if any increase. in flood levels during the base
flood discharge would result. (k) Prerequisites for granting variances: (1) Variances shall only be issued upon a determination that the variance is the minimum. necessary, considering
the flood hazard, to afford relief. (2) Variances shall only be issued upon: a. a showing ofgood and sufficient cause; b. a determination that failure to grant the variance would result
in exceptional hardship to the applicant, and c. a determination that the granting of a variance will not result in increased flood heights, additional threats to public &aiety, extraordinary
public expense, create nuisances, cause fraud on or victimization ofthe public, or conflict with existing local laws or ordinances, (1) Any applicant to whom a variance is granted shall
be given written notice that the structure will be permitted to be built with the lowest floor elevation below the· base flood elevation, and that the· cost of flood insurance will be
commensurate with the increased risk resulting from the reduced lowest floor elevation. Sees. 42-61-42-75. Resen'ed. DIVISION 3. FLOOD HAZARD REDUCTION Sec. 42-76. General standards.
In all areas ofspecial flood hazards the following standards are required: (1) Anchoring. All new construction or substantial improvements must be designed . (or modified) in such a
manner that they are adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects
ofbuoyancy. 13
(2) Construction materials and methods. a All new construction or substantial improvements must be constructed by methods and practices that minimize flood damage. b. All new construction
or substantial improvements must be· constructed with materials resistant to flood damage. (3) Utilities. a. All new construction and substantial improvements must be constructed with
electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and located so as to prevent water from entering or accumulating
within the components during conditions offlooding.. . b. All new and replacement water supply systems must be designed to minimize or eliminate infiltration offloodwaters into the system.
c. All new and replacement sanitary sewage systems must be designed to minimize or eliminate infiltration of flood waters into the system, and· 'to minimize or eliminate discharge from
the systems into flood waters. d. On-site waste disposal systems must be located to avoid avoid impairment to them or contamination from them during flooding. Sec.42-77. Specific standards.
In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 42-37, regarding the basis for establishing the area of special flood
hazard, Paragraph 8 of Section 42-57, pertaining to the use of other base flood data, or Paragraph 3 of Section 42-78, pertaining to standards for subdivision proposals, the following
provisions are required: (1) Residential Construction. New construction and substantial improvement of any residential structure must have the lowest floor, including basement, elevated
at least two feet above the base flood elevation. A registered professional 􀁥􀁾􀁧􀁩􀁮􀁥􀁥􀁲􀀬 architect, or land surveyor shall submit a certification to the Floodplain Administrator
that this standard is satisfied. The Administrator shall maintain a record ofsuch certification. (2) Nonresidential Construction. New construction and substantial improvements of any
commercial, industrial or other nonresidential structure must either have the lowest floor, including basement, elevated at least two feet above the base flood elevation, or together
with attendant utility and sanitary facilities, be designed so 14
that below the base flood elevation the structure is watertight with walls substantially impermeable to the passage ofwater and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop or review the structural clesign, specifications, and plans
for the construction, and shall certify to the Floodplain Administrator that the design and methods of construction are in accordance with accepted standards of practice 􀁾 outliiled
in this article. A record of such certification that includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed must be maintained by the
Administrator. (3) Enclosures. New construction and substantial improvements with :fully enclosed areas below the lowest floor that are. usable solely for parking of vehicles, building
access or storage in an area other than a basement and which are subject to flooding, must be designed to automatically equalize hydrostatic flood forces on exterior waIls by allowing
for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following
minimum criteria: a. A minimum of two openings having a total net area of not less than one square inch for every square foot ofenclosed area subject to flooding must be provided. .
b. The bottom ofall openings must be no higher than one foot above grade. c. Openings equipped with screens, louvers, valves, or other coverings or devices must permit the automatic
entry and exit offloodwaters. (4) Manufactured 􀁈􀁯􀁭􀁥􀁳􀁾 a. Manufactured homes to be placed within Zone A on the FHBM or FIRM . must be installed using methods and practices that
minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods ofanchoring
may include, but are not not limited to, use ofover-thetop or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting
wind forces. b. ManUfactured homes that are placed or substantially improved within Zones AI-30, AH, and AE on the FIRM on sites (i) outside of a manufactured home park or subdivision,
(ll) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision
on which a manufactured home has incurred "substantial damage" as a result of a flood, must be elevated on a permanent 15
foundation such that the lowest floor ofthe manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to
resist flotation, collapse, and lateral movement. c. Manufactured homes placed or· substantially improved on sites in an existing manufactured home park or subdivision within Zones_
AI-30, AH and AE on the FIRM that are not subject to the provisions of Paragraph (4)b. ofthis section must be elevated so that either: L the lowest floor of the manufactured home is
at or above the base flood elevation, or· n. the manufactured home ·chassis is supported by reinforced piers or other foundation elements ofat least equivalent strength that are no less
than 36 inches in height above grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. .(5) Recreational Vehicles.
Recreational vehicles placed on sites within Zones AI-30, AH, and AE on the FIRM must either: a. be on the site for fewer than 180 consecutive days; b. be fully licensed and ready for
highway use; or c. meet the permit requirements of Section 42-59, and the elevation and anchoring requirements for "manufactured homes" in Paragraph 4 of this section. A recreational
vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no pennanently
attached additions. Sec. 42-78. Standards for subdivision proposals. (l) All subdivision proposals, including the placement of manufactured home parks and subdivisions, must be consistent
with the need to minimize flood 􀁤􀁡􀁭􀁡􀁧􀀮􀁾􀀮 (2) All proposals for the development of subdivisions, including the placement of manufactured home parks and subdivisions, must meet
Development Permit requirements ofthis article. (3) Base flood elevation data must be provided for subdivision proposals and other proposed development, including the placement of manufactured
home parks and subdivisions, that is greater than 50 lots or 5 acres, whichever is less, if not 16
otherwise provided pursuant to Section 42-37 regarding the basis for establishing the areas of special flood hazard or Paragraph 8 Section 42-57 pertaining to the use ofother base flood
data (4). All subdivision proposals, including the placement of manufactured home parks . and subdivisions, must have adequate drainage provided to reduce exposure to flood haZards.
(5) All subdivision proposals, including the placement of manufactured home parks and subdivisions, must have public utilities and facilities such as sewer, gas, electrical and water
systems located and constructed to minimize or: eliminate· flood damage. Sec. 42-79. Standards for areas ofshallow flooding (AO/AH Zones). Located within the areas of special flood hazard
established in Section 42-37, are areas . designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly
defined channel does not exist and where the . path of flooding is unpredictable and where velocity velocity flow may be evident. Such flooding is characterized by ponding or sheet flow;
therefore, the following provisions apply: . (1) All new construction and substantial improvements of residential structures must have the lowest floor (including basement) elevated
above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM (at least two feet ifno depth number is specified). (2) All new construction and substantial
improvements of non-residential structures must: a. have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified
In feet on the FIRM (at least two feet ifno depth number is specified); . b. together with attendant utility and sanitary facilities be designed so that below the base flood level the
structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads
ofeffects ofbuoyancy. (3) A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards ofthis Section are satisfied.
(4) Within Zones AH and AO, adequate drainage paths must be provided around structures on slopes to guide flood waters around and away from proposed structures. 17
Sec. 42-80. Floodways . Located within areas of special flood hazard established in Section 42-37, are areas designated as floodways. Since the floodway is an extremely hazardous area
due to the velocity of floodwaters that cany debris, potential projectiles and erosion potential, the following provisions apply: . (1) Encroachments are proln'bited, including fill,
new construction,-' substantial improvements and other development, within the adopted regulatory floodway, unless it has been .demonstrated through hydrologic and hydraulic analyses
performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the Town during the occurrence ofthe
base flood discharge. (2) . IfParagraph (1) ofthis Section 42-80 is satisfied to permit encroachment, all new construction and substantial improvements must comply with all applicable
flood . hazard reduction provisions ofthis article. (3) Encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations are proln'bited,
unless the. Floodplain Administrator obtains a conditional FIRM and floodway revision through FEMA. 18
Chapter 6.1 FLOOD HAZARD· Sec. 6.1-1. Definitions. Unless specifically defined in this section, words or phrases used in this chapter shall be interpreted so as to give them the meaning
they have in common usage and to give this chapter its most reasonable application. Appeal: A request for a review of the building·official's interpretation of any provision of this
chapter or a request for a variance. Area of shallow flooding: A designated AO or VO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three (3) feet;
a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Area of special flood hazard: The land in the floodplain
within a community subject to a one percent or greater chance of flooding in any given year. Base flood: The flood having a one per cent chance of being equalled or exceeded in any given
year. Development: Any man-made change to improved or unimproved real estate, including but but not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations located within the area of special flood hazard. Flood or flooding: A general and temporary condition of partial or complete inundation of normally
dry land areas from: (1) The overflow of inland or tidal waters; and/or (2) The unusual and rapid accumulation or runoff of surface waters from any source. 'Cross references-Buildings
and building regulations, Ch. 5; zoning. App. A; subdivisions, App. B. 511
§ 6.1-1 ADDISON CODE· Flood insurance rate map (FIRM): The official map on which the federal insurance administration has delineated both and areas of special flood hazards and the risk
premium zones applicable to the community. Flood insurance study: The official report provided in which the federal insurance administration has provided flood profiles, as well as the
flood insurance rate maps and the water surface elevation of the base flood. Habitable floor: Any floor usable for living purposes, which include working, sleeping, eating, cooking or
recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor." New construction: Structures for which the "start of construction" commenced
on or after the effective date of this chapter. Start of construction: The first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings
or any work beyond the stage of excavation. Permanent construction does not include land preparation, preparation, such as clearing, grading and filling, nor does it include the installation
of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on
property of accessory building, such as garages or sheds not occupied as dwelling units or not as part of the main structure.·For a structure without a basement or poured footings, the
"start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. Structure: Walled and roofed building or a
gas or liquid storage tank, that is principally aboveground. Substantial improvement: Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty
(50) per cent of the market value of the structure either: (1) Before the improvement or repair is started; or 512
FLOOD HAZARD § 6.1-3 (2) If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered
to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the
structure. The term does not, however, include either: (1) A-ny project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications
which are solely necessary to assure safe living conditions; or (2) Any alteration of a structure listed on the national . register of historic places or a state inventory of historic
places. Variance: A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. (Ord. No. 597, §
3, 7-15-80) Sec. 6.1-2. Interpretation. In the interpretation and application of this chapter, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed
in favor of the city council; and (3) Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. No. 597, § 4, 7-15-80) Sec. 6.1-3. Penalties for noncompliance.
No structure or land shall hereafter be constructed, located, extendeq, converted or altered without full compliance with the terms of this chapter and other applicable regulations.
Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in 513
§ 6.1-3 ADDISON CODE \ connection with conditions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction
thereof be fined not more than .two hundred dollars ($200.00) for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall
prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. No. 597, § 4, 7-15-80) Sec. 6.1-4. Purpose. It is the purpose of this
chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed: (1) To protect
human life and health; (2) To minimize expenditure of public money for costly flood control projects; (3) To minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public; (4) To minimize prolonged business interruptions; (5) To minimize damage to public facilities and utilities such' as water
and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; (6) To help maintain a stable tax base by providing for the second use
and development of areas of special flood hazard so as to minimize future flood blight areas; (7) To insure that potential buyers are notified that property is in an area of special
flood hazard; and (8) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Ord. No. 597, § 1, 7-15-80)514
FLOOD HAZARD § 6.1-7 Sec. 6.1-5. Abrogation and greater restrictions. This chapter js not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions.
However, where this chapter and another ordinance. easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord.
No. 597, § 4,7-15-80) Sec. 6.1-6. Methods of reducing flood losses. In order to accomplish its purposes, this chapter includes methods and provisions for: (1) Restricting or prohibiting
uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (2) Requiring
that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Controlling the alteration of natural
flood plains, stream channels and natural protective barriers, which help accommodate or channel flood waters; (4) Controlling filling, grading, dredging and other development which
may increase flood damage; and (5) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other
areas. (Ord. No. 597, § 2, 7-15-80) Sec. 6.1-7. Basis for establishing the areas oJ special flood hazard. The areas of special flood hazard identified by the federal insurance administration
in a scientific and engineering report entitled "The Flood Insurance Study for the City of Addison, Texas, Dallas County," dated January, 1980, with accompanying flood insurance rate
maps, is hereby adopted by reference and declared to be a part of this chapter. The 515
§ 6.1-7 ADDISON CODE flood insurance study is on file at 4500 Belt Line Road, Addision, Texas. (Ord. No. 597, § 4,7-15-80) Sec. 6.1-8. Lands affected. This chapter shall apply to all
areas of special flood hazards within the jurisdiction of the city. (Ord. No. 597, § 4,7-15-80) Sec. 6.1-9. Warning; disclaimer of liability. The degree of flood protection required
by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood
heights may be increased by man-made or natural causes. This chapter does 110timply that land outside the areas of special flood hazards or uses permitted within such areas will be free
from flooding or flood damages. This chapter shall not create liability on the part of the city, any officer or employee thereof or the federal insurance administration for any flood
damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. thereunder. (Ord. No. 597, § 4,7-15-80) State law reference-Power of city to
provide for exemptions from liability, V.T.e.S. Art. 1175(6). Sec. 6.1-10. Development permit-Required. A development permit shall be obtained before construction or development begins
within any area of special flood hazard established in section 6.1-7. (Ord. No. 597, § 5, 7-15-80) Sec. 6.1-11. Same-Application. (a) An application for a development permit shall be
made on forms furnished by the building inspection department and may include, but not be limited to: Plans in duplicate drawn to scale showing the nature, location, dimensions and elevations
of the area in question; existing or proposed 516
FLOOD HAZARD § 6.1-13 structures, fill, storage of materials and drainage facilities; and the location of the foregoing. (b) Specifically, the following information is required: (1)
Elevation, in relation to mean sea level, of the lowest floor (including basement) of all structures; (2) Elevation in relation to mean sea level to which any structure has been floodproofed;
(3) Certification by a registered professional engineer or architect that the flood proofing methods for any nonresidential structure meet the floodproofing criteria in section 6.1-26(2);
and (4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (Ord. No. 597, § 5, 7-15-80) Sec. 6.1-12. Building official-Grant
of permits. The building official is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.
(Ord. No. 597, § 5, 7-15-80) Sec. 6.1-13. Same-General duties. The duties of the building official shall include, but not be limited to: (1) Review all development permits to determine
that the permit requirements of this chapter have been satisfied. (2) Review all development permits to determine that all necessary permits have been obtained from those federal. state
or local governmental agencies from which prior approval is required. (3) Review all development permits for compliance with the provisions of section 6.1-25, Encroachments. (Ord. No.
597, § 5,7-15-80) 517
§ 6.1-14 ADDISON CODE Sec. 6.1-14. Use of other base flood data. When base flood elevation data has not been provided in accordance with section 6.1-7, basis for establishing the areas
of special flood hazard, the building official shall obtain, review and reasonably utilize any base flood elevation data available from federal, state or other source, in order to administer
sections 6.1-26(1), Specific standards, Residential construction, and 6.1-26(2), Nonresidential construction. (Ord. No. 597, § 5, 7-15-80) Sec. 6.1-15. Information to be obtained and
maintained. The building official shall: (1) Obtain and record the actual elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of· all new or
substantially improved structures, and whether or not the structure contains a basement. (2) For all new substantially improved floodproofed structures: a. Verify and record the actual
elevation (in relation to mean sea level); and b. Maintain the flood proofing certifications required in section 6.1-11. (3) Maintain for public inspection all records pertaining to
the provisions of this chapter. (Ord. No. 597, § 5, 7-15-80) Sec. 6.1-16. Alteration of watercourses. The building official shall: (1) Notify adjacent communities and the federal emergency
management agency prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the federal insurance administration. 518
FLOOD HAZARD § 6.1-18 (2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. (Ord.
No. 597, § 5, 7"15-80) Sec. 6.1-17. Interpretation of FIRM boundaries. The building official shall make interpretations, where needed, as to the exact location of the boundaries of the
areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary
shall be given a reasonable opportunity to appeal the interpretation as provided in section 6.1-18. (Ord. No. 597, § 5, 7-15-80) Sec. 6.1-18. Variances-Appeal board. (a) The appeal board
as established by the city shall hear and decide appeals and requests for variances from the requirements of this chapter. (b) The appeal board shall hear and decide appeals when it
is alleged there is an error in any requirement, decision or determination made by the building building official in the enforcement or administration of this chapter. (c) Those aggrieved
by the decision of the appeal board, or any taxpayer, may appeal such decision to the municipal court. (d) In passing upon such applications, the appeal board shall consider all technical
evaluations, all relevant factors, standards specified in other sections of this chapter and: (1) The danger that materials may be swept onto other lands to the injury of others; (2)
The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the
individual owner: .'l19
§ 6.1-18 ADDISON CODE (4) The importance of the services provided by the proposed facility to the community; (5) The necessity to the facility of a waterfront location, where applicable;
(6) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (7) The compatibility of the proposed use with existing and anticipated
development; (8) The relationship of the proposed use to the comprehensive plan and floodplain management program of that area; (9) The safety of access to the property in times of flood
for ordinary and emergency vehicles; (10) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable,
expected at the site; and (11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such
as sewer, gas, electrical and water systems and streets and bridges. (e) Upon consideration of the factors of this section and the purposes of this chapter, the appeal board may attach
such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (f) The building official shall maintain the records of all appeal actions,
including technical information, and report any variances to the federal insurance administration upon request_ (Ord. No. 597, § 5, 7-15-80) Sec. 6.1-19. Same-Conditions. (a) Generally,
variances may be issued for new 􀁣􀁯􀁮􀁳􀁴􀁲􀁵􀁣􀁾 tion and substantial improvements to be erected on a lot of 520
FLOOD HAZARD \. " § 6.1-19 one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (1-11)
in section 6.1-18(d) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (b) Variances
may be issued for the reconstruction, rehabilitation or restoration of structures listed on the national register of historic places or the state inventory of historic places, without
regard to the procedures set forth in the remainder of this section. (c) Variances shall not be issued within any designated floodway if any increase in flood levels during the base
flood discharge would result. (d) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard to afford relief. (e) Variances
shall only be issued upon: (1) A showing of good and sufficient cause; (2) A determination that that failure to grant the variance would result in exceptional hardship to the applicant;
and (3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances,
cause fraud on or victimization of the public as identified in section 6.1-18(d) or conflict with existing local laws or ordinances. (f) Any applicant to whom a variance is granted shall
be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate
with the increased risk resulting from the reduced lowest floor elevation. (Ord. No. 597, § 5,7-15-80) 521
§ 6.1-20 ADDISON CODE Sec. 6.1-20. Flood hazard reduction-General standards. In all areas of special flood hazards the standards provided in sections 6.1-21-6.1-26 are required. (Ord.
No. 597, § 6.7-15-80) Sec. 6.1-21. Same-Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse· or lateral movement of the structure.
(Ord. No. 597. § 6,7-15-80) Sec. 6.1-22. Same-Construction materials and methods. (a) All new construction and substantial improvements shall be constructed with new materials and utility
equipment resistant to flood damage. (b) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. (Ord. No. 597,
§ 6, 7-15-80) Sec. 6.1-23. Same-Utilities. (a) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. (b)
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into floodwaters.
(c) On-site waste disposal systems shall be located to avoid impairment to them during flooding. (Ord. No. 597, § 6,7-15-80) Sec. 6.1-24. Same-Subdivision proposals. (a) All subdivision
proposals shall be consistent with the need to minimize flood damage. 522
FLOOD HAZARD § 6.1-26 (b) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood
damage. (c) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. (d) Base flood elevation data shall be provided for subdivision proposals
and other proposed development which contain at least fifty (50) lots or five (5) acres (whichever is less). (Ord. No. 597, § 6, 7-15-80) Sec. 6.1-25. Same-Encroachments. In all areas
of special flood hazard in which base flood elevation data has been provided, the cumulative effect of any proposed development, when combined with all other existing and anticipated
development, shall not increase the water surface. elevation of the base flood more than [one1 foot at any point. (Ord. No. 597, § 6,7-15-80) Sec. 6.1-26. Same-Specific standards. In
all areas of special flood hazards where base flood elevation data have been provided as set forth in section 6.1-7, Basis for establishing the areas of special flood hazard or in section
6.1-14, Use of other base flood data, the following standards are required: (1) Residential construction. New construction and substantial improvement of any residential structure shall
have the· lowest floor. including basement elevated two (2) feet above base flood elevation. (2) Nonresidential construction. New construction and substantial improvement of any commerical,
industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated two (2) feet above the base flood elevations together with attendant utility
and sanitary facilities or shall: a. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; 523
§ 6.1-26 , ADDISON CODE b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and c. Be certified by a registered professional
engineer or architect that the standards of this section are satisfied. Such certifications shall be provided to the building official as set forth in section 6.1-14. (Ord. No. 597,
§ 6,7-15-80) [The next page is 575J 524
·r April 5, 1994 Mr. John Baumgartner, P. E. City Engineer City of Addison 16801 Westgrove Addison, Texas 75001 RE: Floodplain Evaluation, 0.844 Ac. Boston Chicken Tract Beltline Road
at Marsh Lane, Addison, Texas Dear John: This letter will serve to summarize my evaluation of the floodplain of Rawhide Creek . south of Beltline Road and upstream of Marsh Lane for
the proposed development of the referenced tract. In support of this evaluation please find the attached HEC-2 computer printout based on hydraulic modeling of the floodplain between
Marsh Lane and Beltline Road. Also refer to my letters to you dated 7/21/93 and 7/26/93 (copies attached), concerning the overall parcel from which this tract has been subdivided. The
referenced tract is a rectangular piece which consists of approximately 0.844 acres. A copy of the boundary and topographic survey as produced by Pacheco Koch Consulting Engineers, Inc.,
is attached. Following the same assumptions used in the evaluation of other tracts in this area, the pad sites Q.long Marsh and Beltline were assumed to be filled above the fully develoPed
100 year flood elevation. The grade from the back of curb was assumed to increase at a 1% slope to a point 30 feet behind the curb (a net 0.3' rise above the back of curb). The minimum
required finished floor elevation on the Boston Chicken tract is 574.98, based on a 100 year flood water surface elevation of 572.98 in line with the east side of the tract. The modeling
which generated this elevation is based on the assumptions of no improvement to the drainage system upstream of BeItline Road, and fully develoPed conditions in the watershed. The model
simulates these conditions only for the portion of flow which would be above ground under fully develoPed conditions in the watershed. This analysis does not consider effects downstream
of Marsh Lane based on the assumed modeling conditions. If significant development in the watershed is to be contemplated without the improvement of the system upstream of BeItline Road,
the resulting effects downstream of Marsh Lane should be studied. If you have any questions or require further information, please call me at 241-0336. Sincerely, O'BRIEN ENGINEERING
62' 􀁾􀀣􀀮􀀮􀀮􀀮􀀮 . V\-u rd'---cr'm O'Brien, P.E. attachments cc: Mr. Dane Ridenour Mr. John Koch,Jr. ,P.E. o'brien engineering p.o. box 334 coppell, texas 75019 phone: (214) 241-0336
fax: (214) 241-0370
) 􀁾􀁾 􀁾 0 0 o Ori@liJ®OUD@@[JOUD@July 26, 1993 Mr. John Baumgartner, P.E. City Engineer City of Addison 16801 Vlestgrove Addison, Texas 75001 RE: Floodplain Evaluation Beltline Road
at 1\'1arsh Lane, Addison, Texas Dear John: This letter will serve to make a clarification in regard to my letter to you dated July 21, 1993. The hydraulic analysis assumes that all
proposed tracts along the south side of Beltline Road will be filled to an elevation above the adjacent fully developed 100 year flood elevation starting a distance of 30' behind the
back of curb and proceeding south. The space between the back of curb and the 30) backset is assumed to be graded at 1% up from the curb and remain unobstructed. The analysis also assumes
no iJJlprovement to the underground system upstream of Beltline Road. Prior to any development in this area, the limits of the fully developed 100 year floodplain would extend onto the
property considerably south of Beltline Road. Vlith the proposed development of this area by the assumptions identified above, the limits of the fully developed 100 year floodplain south
of Beltline would extend only to the 30' backset. The existing development 100 year floodplain is, of course, non-existent since the entire flood would be contained underground within
the existing storm sewer system. since our model already considers filing all of the tracts on the south side of the street, the filing of individual tracts will not adversely affect
adjacent tracts either upstream (generally to the east) or downstream (generally to the west) provided each tract is filled per the assumptions stated above. If you have any questions
or require further information, please call me at 2410336. Sincerely, O'BRIEN ENGINEERING cc: Mr. Paul Stephens Mr. David Glenn Nfr. Chris Hack M1'. Larry Cates o'brien engineering p.o.
box 334 coppell, texas 75019 phone: (214) 241-0336 iax: (214) 241-0370
....􀁾 July 21, 1993 Mr. John Baumgartner City Engineer City of Addison 16801 Westgrove Addison, Texas 75001 RE: Floodplain Evaluation Beltline Road at Marsh Lane, Addison, Texas Dear
John: This letter will serve to summarize my evaluation of the floodplain of Rawhide Creek south of Beltline Road and upstream of Marsh Lane for the proposed development of the A.P.
Stephens tract and the two outparcels known as Lots 1 and 2 of Block D. In support of this analysis, please find the attached HEC-2 computer printout based on hydraulic modeling of the
floodplain between Marsh Lane and Beltline Road, dated July 21, 1993. For the purpose of this analysis, each tract was assumed to be filled above the fully developed 100 year flood elevation
starting at 30 feet behind the back of the curb of Beltline Road. The grade from the back of curb was assumed to increase at a 1% slope to a point 30 feet south of the curb (a net .3
foot rise above the back of curb). The capacity of the 2-10xl0· (2 boxes, each 10' wide by 10' high) box culvert south of Beltline Road has been iricreased with the addition of a parallel
84" RCP extending from Marsh Lane to near Business Drive. As a result, the system downstream of Beltline Road now has the capacity to pass the fully developed 100 year flood. However,
the system upstream of Beltline Road remains unimproved, and therefore, has essentially the same capacity as indicated by my letter to you dated July 22, 1992 (approximately 1210 cfs).
The attached HEC-2 model is based on the assumptions of no improvement to the system upstream of Beltline and fully developed conditions in the watershed. The model simulates these conditions
only for the portion of flow which would be above ground. It is my understanding that the system upstream of Beltline Road will soon be improved to increase it's capacity. It is my recommendation
that the system be improved to provide capacity for the fully developed conditions 100 year flood prior to the occurrence of significant additional development in the watershed. With
such improvements, the. conditions assumed for this analysis represent a worst-case scenario. Under current development conditions in the watershed, the 100 year flood runoff would be
entirely contained in the existing underground system. This fact holds for both existing conditions and for conditions as proposed for the subject tracts. o'brien engineering p.o. box
334 coppell, texas 75019 phone: (214)241-0336 fax: (214)241-0370
Mr. John Baumgartner July 21, 1993 Page 2 Under proposed conditions, the fully developed 100 year water surface elevation at the Shell station on the northeast corner of Marsh at Beltline
would be 572.27. The finished floor elevation of the existing structure at that location is 572.99. The minimum required. finished floor elevations on the Stephens. tract are presented
in the table below. The specified distances represent the distance from· the east side of Marsh Lane to the most -easterly face-of a-ny-proposed structure measured along Beltline Road.
Distance From Fully Developed 100 Year Minimum Required Marsh Lane along Water surface Elevation Finished Floor Elevation Beltline Road (feet) (feet ms!) (feet ms!) 100 572.27 574.27
200 572.74 574.74 300 573.22 575.22 400 573.93 575.93 The 100 year water surface elevations on Lots 1 and 2, Block Dare 575.41 and 578.44, respectively. The corresponding minimum finished
floor elevations as specified previously by plat are 577.46 and 580.48, respectively. This demonstrates that any structure constructed to these elevations will:, be sufficiently above
the fully developed 100 year floodplain. This analysis does not consider effects downstream of Marsh Lane based on the assumed modeling conditions. If significant development in the
watershed is 􀁴􀁾 be contemplated without the improvement of the system upstream of Beltline Road, the resulting effects downstream of Marsh Lane should be studied. If you have any questions
or require further information; please call me at 2410336. Sincerely, O'BRIEN 􀁾􀁇􀁉􀁎􀁅􀁅􀁒􀁉􀁎􀁇 􀀰􀁡􀁾􀁾 􀀨􀁦􀁩􀁾􀁾􀁥􀁮􀁴􀁳 cc: Mr. Paul stephens Mr. David Glenn Mr. Chris Hack Mr.
Larry cates
******************************************** * HEC-2 WATER SURFACE PROFILES * ** * Version 4.6.2; May 1991 * ** * RUN DATE 21JUL93 TIME 16:39:07 * U t *UUU*UHU*UUH****u*U****U*U**x X
XXXXXXX XXXXX mxx X X X X X X X X X X X X XXXXXXX XXXX X XXXIX xnxx X X X X X X X X X X X X X XXXXXXX XXXXX XXXXXXX *************************************** * U.S. ARMY CORPS OF ErlGlNEERS
* * HYDROLOGIC ENGINEERING CENTER * * 609 SECOND STREET \ SUITE D * DAVIS, CALIFORNIA 95616-4687 * * (916) 756-1104 * ***************************************
2!JUL93 i6: 39:07 PAGE THIS RUN EXECUTED 2lJUL93 16:39:07 *************************** ********H HEC-2 WATER SURFACE PROFILES Vers ion 4.6.2; May 1991 *************************************
TI RAWHIDE CREEK UPSTREAM OF MARSH LANE FOR KMART CENTER T2 OVERLAND FLOW PORTION OF 100 YEAR FULLY DEVELOPED CONDITIONS T3 BASED ON SCS UNIT GRAPH, NO ADD'L CONVEYANCE T4 QIOO FD AT
BELTLINE : 2320 CFS; CAP'Y OF 2-10X4.5 BOXES IS 1210 CFS T5 EXCESS FLOW I Q: 1110 CFS; T6 O'BRIEN ENGINEERING FOR CATES 4/93 J1 ICHECK INQ NINV IDIR STRT METRIC WINS Q WSEL FQ 2. 0.009
569.0 J2 NPROF IPLOT PRFVS XSECV XSECH FH ALLDC IBW CHNIM ITRACE -I. -I. jJ VARIABLE CODES FOR SUMMARY PRINTOUT 38. I. 43. 42. 39. 4. 26. 25. 34. 5. QT 2. 1110. 1110. NC 0.02 0.02 0.02
0.1 OJ Xl 100. 12. 1505. 1573. X3 1475. GR 571.5 900. 571.5 1474.9 570.8 1475. 570.5 1505. 570.0 1506. GR 570.5 1536. 571.0 1537. 571.0 1541. 570.5 1542. 570.0 1572. GR 570.5 1573. 571.5
1673. Xl 200. 13. 1560. 1628. 100. 100. [00. X3 1530. GR 573.2 1000. 571. 7 1060. 571. 7 [529.9 571. [ mo. 570.8 1560. GR 570 .) 1561. 570.8 1591. 571.3 1592. 571.3 [596. 570.8 1597.
GR 570,) 1627. 570.8 1628. 571.8 1728. Xl 420. 17. [575. 1633. 220. 220. 220. X3 1565. GR 575.3 1000. 574.3 1055. 574. 1110. 573.4 [[ 70. 573.1 [225. GR 572.9 1282. 572.9 [544.9 572.2
1545. 571.9 1575. 571.4 [576. GR 571. 9 1606. 572.4 1607. 572.4 1611. 571. 9 [612. 571. 4 [632. GR 571. 9 1633. 572.9 [m. XI 600. 16. 1595. 1663. 180. 180. [80. XJ 1495. GR 577.0 1000.
575.5 1058. 574.9 1[10. 574.7 [[ 70. 574 .8 1225. GR 574.7 [280. 573.8 1565. 573.5 1595. 573.0 1596. 573.5 1626. GR 574.0 1627. 574. 1631. 573.5 1632. 573. 1662. 573.5 1663. GR 574.5
1700.
) 21JUL93 16:39:07 PAGE SECTION 830 BLOCKED TO REfLECT fUTURE BLDG (OUT LOT 11 Xl 830. 24. 1630. [698. 230. 230. 230. GR 578.3 1000. 578 .1 1060. 577.2 1120. 576.9 1175. 576.8 1230.
GR 576.3 1290. 576.4 1345. 576. 1392. 575.8 1408.5 576.46 1425. GR 600.0 1425.1 600. 1526. 576.46 1526.1 574.3 1599.9 573.6 1600. GR 573.3 1630. 572.8 1631. 573.3 1661. 573. 8 1662.
573. 8 1666. GR 573.3 1667. 572.8 1697. 573.3 1698. 574.3 1800. XI 1010. 2\. 1640. 1708. 180. 180. 180. X3 1540. GR 578.2 1000. 578.0-1055. 578.6 1115. 578.3 1170. 578.1 1225. GR 577.7
1280. 577.1 1340. 576.8 1400. 576.4 1460. 576.1 1520. GR 576.1 1609.9 576.1 1610. 575.1 1640. 574.6 1641. 575.1 1671. GR 575.6 1672. 575.6 1676. 575.1 1677 . 574.6 1707. 575.1 1708.
GR 576.1 1808. SECTION AT DIS SIDE Of BUSINESS DR. SECTION 1210 BLOCKED TO REFLECT FUTURE BLDG (OUT LOT 21 Xl 1210. 19. 1385. 1453. 200. 200. 200. GR 579.2 1000. 579.1 1040. 579.0 1095.
579.0 1122.65 580.5 1174.9 GR 600. 1175. 600. 1274.9 580.5 1•;..'f·J' . 578.1 1354.9 578.1 1355 • GR 577.1 1385. 576.9 1386. 577 .1 1416. 577 .6 1417. 577 .6 1421. GR 577 .1 1422. 576.6
1452. 577 .1 1453. 578.1 1553. DiS SIDE OF PROPOSED SPAGETTI \\'HSE BLDG SECT ION BLOCKED TO REFLECT PRESENCE OF PROPOSED BLDG XI 1410. 20. 1350. 1418. 200. 200. 200. GR 580.9 1000.
580.4 1060. 580. 1100. 580.9 1105. 582.7 1150. GR 589. 1150. 589. 1270. 582.7 1270. 580.7 1320. 579.3 1339.9 GR 578.5 1340. 578.3 1350. 577 .8 1351. 578.3 1381. 578.8 1382. GR 578.8
1386. 578.3 1387. 577 .8 1417. 578.3 1418. 579.3 1518. APPROX 120' UIS OF SPAGETTI WHSE BLDG SECT ION BLOCKED TO REFLECT PRESENCE OF PROPOSED BLDG Xl 1610. 18. 1335. 1403. 200. 200.
200. GR 585.1 1000. 582.2 1055. 582.0 1090. 582.7 1135. 590. 1135. GR 590. 1255 582.7 1255. 580.7 1324.9 579.9 1325. 579.7 1335. GR 579.2 1336. 579.7 1366. 580.2 1367. 580.2 J37J. 579.7
1372. GR 579.2 1402. 579.7 1403. 580.7 1503. Xl 1750. 12. 1175. 1243. 140. 140. 140. GR 582.3 1000. 579.7 1060. 580.1 1115. 580.3 1175. 579.8 1176. GR 580.3 1206. 580.8 1207. 580.8 1211.
580.3 1212. 579.8 1242. 1242. GR 580.3 1243. 581.3 1343. APPROXIMATELY 50' DOWNSTREAM OF COMMERCIAL ST. Xl 1920. 13. 1180. 125 \. 170. 170. 170. GR 584.9 1000. 582.8 1055. 581. 4 1115.
580.4 j 155. 581. 0 1180. GR 580.5 118 \. 581. 121 \. 581.5 1212. 581.5 1216. 581. 1220. GR 580.5 1250. 581.0 1251. 582. 1351. APPROXIMATELY 95' UPSTREAM OF COMMERCIAL ST.
2lJUL93 16:39:07 ) PAGE Xl 2065. 12. GR 584.4 1000. GR 582. 1231. GR 582. 1268. 1200. 583.5 582.5 583. 1268. 1070. 1232. 1368. 145. 583.6 582.5 145. 1140. 1236. 145. 582. \82. 1200.
1237. 581.5 581.5 1201. 1267.
') 2!JUL93 16:39:07 PAGE SECNO DEPTH CWSEL cms WSELK EG HV HL OLOSS L-BANK ELEV Q QLOB QCH QROB ALOB ACH AROB VOL TWA HANK ELEV TIME VLOB VCH VROB XNL XNCH XNR \\'TN ELMIN SSTA SLOPE
XLOBL XLCH XLOBR JTRIAL IOC ICONT CORAR TOPWID ENOST *PROF 1 CCHV: .100 CEHV: .300 *SECNO 100.0003280 CROSS SECTION !00.00 EXTENDED .25 FEET -3720 CRITICAL DEPTH ASSUMED 3470 ENCROACHMENT STATIONS: 1475.0 1673.0 TYPE: 1 TARGET: -1475.000 100.000 I. 75 571.75 571.75 569.00 572.25
.50 .00 .00 570.50 1110.0 173.2 626.2 310.6 33.0 97.9 74.9 .0 .0 570.50 .00 5.25 6.40 4.15 .020 .020 .020 .000 570.00 1475.00 .004599 O. O. o. 0 17 0 .00 198.00 1673.00 *SECNO 200.000
3280 CROSS SECT! ON 200.00 EXTENDED .47 FEET 3470 ENCROACHMENT STATIONS: 1530.0 1728 .0 TYPE: 1 TARGET: -1530.000 200.000 1. 97 572.27 .00 .00 572.60 .33 .33 .02 570.80 1110.0 172.5
586.2 351.3 39.5 112.7 96.7 .5 .5 570.80 .01 4.37 5.20 3.63 .020 .020 .020 .000 570.30 1530.00 .002520 100 . 100. 100. 0 0 .00 198.00 1728.00 *SECNO 420.000 3280 CROSS SECTION 420.00
EXTENDED .41 FEET 3685 20 TRIALS ATTEMPTED WSEL,CWSEL 3693 PROBABLE MINIMUM SPECI FIC ENERGY 3720 CRITICAL DEPTH ASSUMED 3470 ENCROACHMENT STATIONS: 1565.0 1733.0 TYPE: 1 TARGET: -1565.000
420.000 1. 91 573 .31 573.31 .00 573.85 .54 .72 .06 571. 90 1110.0 75.7 615.8 418.5 13.6 92.1 90.7 1.6 1.4 571.90 .02 5,58 6.69 4.62 .020 .020 .020 .000 571.40 1565.00 .004420 220. no.
220. 20 8 0 .00 168.00 1733.00 *SECNO 600.000 3280 CROSS SECTION 600.00 EXTENDED .20 FEET
.) 􀀲􀁉􀁊􀁕􀁌􀁾􀀳 16:39:07 PAGE SWiG DEPTH mEL cms WSELK EG HV HL OLOSS L-BANK ELEV Q QLOB QCH QROB ALOB ACH AROB VOL TWA HANK ELEV TIME VLOB VCH VROB XNL XNCH XNR \¥TN ELMIN SSTA SLOPE
XLOBL XLCH XLOBR ITRIAL IDC ICONT CORAR TOPWID ENDST 3685 20 TR IALS ATTEMPTED WSEL, CWSEL 3693 PROBABLE MINIMUM SPECIFIC ENERGY 3720 CR[TJCAL DEPTH ASSUMED 3470 ENCROACHMENT STATIONS:
1495.0 1700,0 TYPE: j -TARGET: -1495.000 600,000-1.70 574.70 574.70 .00 575.19 -.49 .83 .01 573.50 1110.0 405.7 600.6 103.7 86,4 94.4 25.8 2.5 2.1 573.50 .03 4.69 6.36 4.02 .020 .020
.020 .000 573.00 1495.00 .004782 180. 180. 180, 20 15 0 .00 205.00 1700,00 *SECNO 830.000 3280 CROSS SECTION 830.00 EXTENDEO 1.10 FEET 3302 WARNING: CONVEYANCE CHANGE OUTSIDE OF ACCEPTABLE
RANGEl KRATIO : 2.76 830.000 2.61 575.41 .00 .00 575.53 .13 .31 .04 573.30 1110.0 195.8 501.8 412.d 79.2 155.7 163.0 4.1 J.3 573 .30 .05 2.47 3.22 2.53 .020 .020 .020 .000 572.80 1562.39
.000630 230. 230. 230, 2 0 0 .00 237.61 1800.00 *SECNO 1010,000 3280 CROSS SECTION 1010.00 EXTENDED .34 FEET 3685 20 TR IALS ATTEMPTED WSEL t CWSEL 3693 PROBABLE MINIMUM SPECIFIC ENERGY
3720 CRITICAL DEPTH ASSUMED 3470 ENCROACHMENT STATIONS: 1540.0 1808.0 TYPE: 1 TARGET: -1540.000 1010.000 1.84 576.44 576.44 .00 576.84 .41 .23 .08 575.10 1110.0 152.7 621.2 336.1 48.8
104.0 83.8 5.4 4.4 575.10 .06 3.13 5,97 4.01 .020 .020 .020 .000 574.60 1540,00 .003704 180. 180. 180. 20 16 0 .00 268.00 1808.00 *SECNO 1210.000 3280 CROSS SECTION 1210.00 EXTENDED
.34 FEET 3685 20 TRIALS ATTEMPTED WSEL,CWSEL 3693 PROBABLE MINIMUM SPECIFIC ENERGY 3720 CRITICAL DEPTH ASSUMED
) 21JUL93 16:39:07 PAGE SECNO DEPTH CWSEL cms IVSELK EG HV HL OLOSS L-BANK ELEV Q QLOB QCH QROB ALOB ACH AROB VOL TWA HANK ELEV TIME VLOB VCH VROB XNL XNCH XNR WTN EL.m SSTA SLOPE XLOBL
XLCH XLOBR !TRIAL IDC ICONT CORAR TOPIVID ENDST 1210.000 1.84 578.44 578.44 .00 578.92 .48 .81 .02 577.10 1110.0 113.0 630,2 366.7 27.0 99.1 83.5 6.4 5.5 577. iO .0 i 4.19 6.36 4,39
.020 .020 .020 .000 576.60 1343.74 .004461 200. 200. 200 . 20 5 0 .00 209.26 1553.00 *SECNO 1410.000 3280 CROSS SECTION 1410.00 EXTENDED .34 FEET 7185 MINIMUM SPECIFIC ENERGY 3720 CR
ITICAL DEPTH ASSUMED 1410.000 \. 84 579.64 579.64 .00 580.16 .52 .88 .01 578.30 1110.0 71.2 674.4 364.4 13.2 103.9 83.7 7.4 6.4 578.30 .08 5.38 6.49 4,35 .020 .020 .020 .000 577.80 1335.11
.004377 200. 200 . 200. 2 5 0 .00 182.89 1518.00 *SECNO 1610.000 3280 CROSS SECTION 1610.00 EXTENDED .34 FEET 3685 20 TRIALS ATTEMPTED IVSEL,CIVSEL 3693 PROBABLE MINIMUM SPECIFIC ENERGY
3720 CRITICAL DEPTH ASSUMED 1610.000 1.84 581. 04 58 \. 04 .00 581.55 .51 .87 ,00 579.70 1110 .0 .0 73.0 671. 9 365. I 14.6 IOU 8U 8.3 7.2 579.70 .09 5.01 6.44 4.33 .020 ,020 .020 .000
579.20 1312.91 .004285 200. 200. 200. 20 5 0 .00 190.09 1503.00 *SECNO 1750.000 3280 CROSS SECTION 1750.00 EXTENDED .40 FEET 3302 IVARNING: CONVEYANCE CHANGE OUTSIDE OF ACCEPTABLE RANGE,
KRATIO : 2.37 1750.000 2.00 581. 7D .00 .00 581. 81 .11 .21 .04 580.30 1110.0 637 .2 301.2 171.6 235.0 108.1 89.9 9.3 8.0 580.30 .10 2.71 2.79 1.91 .020 .020 .020 .000 579.70 1013.87
.000764 140. 140. 140. 2 0 0 .00 329.13 1343.00 *SECNO 1920.000
.j , \ I 21JUL93 16:39:07 PAGE SECNO DEPTH CWSEL CRI'It'S WSELK EG HV HL OLOSS L-BANK ELEV Q QLOB QCH QROB ALOB ACB AROB VOL TWA HANK ELEV TIME VLOB VCH VROB XNL XNCH XNR WIN ELMIN SSTA
SLOPE XLOBL XLCH XLOBR ITRIAL IDC ICONT CORAR TOPWID ENDST 3280 CROSS SECT ION 1920.00 EXTENDED .03 fEET 3685 20 TRIALS ATTEMPTED WSEL ,cwm 3693 PROBABLE MINIMUM SPECifIC ENERGY 3720
CRITICAL DEPTH ASSUMED 1920.000 1. 63 582.03 -582.03 .00 -582. 44 .42 .26 .09 581. 00 1110.0 461.8 476.9 171.3 86.7 85.2 52.8 10.6 9.2 581. 00 .11 5.32 5.60 3.25 .020 .020 .020 .000
580.40 1088.10 .004482 170 . 170. 170. 20 15 0 .00 262.90 1351.00 *SECNO 2065.000 3280 CROSS SECTION 2065.00 EXTENDED .JI FEET . 3685 20 TRIALS ATTEMPTED WSEL,CWSEL 3693 PROBABLE MINIMUM
SPECIFIC ENERGY 3720 CRITICAL DEPTH ASSUMED 2065.000 1. 81 583.31 583.31 .00 583.79 .47 .64 .02 582.00 1110.0 118.4 649.0 342.6 32.2 102.2 81.1 11.3 10.0 582.00 .12 3.67 6.35 4.22 .020
.020 .020 .000 581.50 1150.82 .004286 145. 145. 145. 20 8 0 .00 217.18 1368.00
2lJUL93 16:J9:U? PAGE THIS RUN EXECUTED 2lJUL93 16:39:08 ***** ******************************** HEC-2 '/lATER SURFACE PROFILES Version 4.6.2; May 1991 *************************************
􀁎􀁏􀁔􀁾􀀭 ASTERISK (*) AT LEFT OF CROSS-SECTION NUMBER INDICATES MESSAGE IN SUMMAILY OF ERRORS LIST BASED ON SCS UNIT GRAPH, SUMMARY PRINTOUT SECNO C'/ISEL Q ELMIN XLCH TOP'/IID VCH
AREA .01K IO*KS 100.000 571.75 1110.00 570.00 .00 198.00 6.40 205.76 163.68 45.99 200.000 572.27 1110.00 570.30 100.00 198.00 5.20 248.88 221.12 25.20 420.000 573 .31 1110.00 571. 40
220.00 168.00 6.69 196.35 166.96 44.20 600.000 574.70 1110.00 573.00 180.00 205.00 6.36 206.60 160.51 47.82 830.000 575.41 1110 .00 572.80 230.00 237 .61 3.22 397.82 442.29 6.30 * 1010.000
576.44 1110.00 574.60 180.00 268.00 5.97 236.59 182.38 37.04 * 1210.000 578.44 1110.00 576.60 200.00 209.26 6.36 209.61 166.19 44.61 * 1410.000 579.64 1110.00 577.80 200.00 182.89 6.49
200.82 167.77 43. 77 * 1610.000 581. 04 1110.00 579.20 200.00 190.09 6.44 203.21 169.57 42.85 42.85 * 1750.000 581. 70 1110.00 579.70 140.00 329.13 2.79 433.08 401.57 7.64 * 1920.000
582.03 1110.00 580.40 170.00 262.90 5.60 224.70 165.80 44.82 * 2065.000 583. J1 1110.00 581.50 145.00 217.18 6.35 215.56 169.54 42.86
21JUL93 16: 39:1)7 􀁾􀁁􀁇􀁅 􀁓􀁕􀁾􀁾􀁁􀁒􀁙 Of ERRORS AND SPECIAL HOTES CAUT JON SECNO: JOO .000 PROFI LE: CRITICAL DEPTH ASSUMED CAUTION SECNO: 420.000 PROFILE: CR IT[ CAL DEPTH 􀁁􀁓􀁓􀁕􀁾􀁅􀁄
CAUTION SECNO: 420.000 PROFILE: PROBABLE 􀁍􀁉􀁎􀁉􀁍􀁕􀁾 SPECIFIC ENERGY CAUT ION SECNO: 420.000 PROFI LE: 20 TRIALS ATTEMPTED TO BALANCE WSEL -CAUT ION SECNO: 600.000 PROFILE: CR IT
ICAL DEPTH ASSUMED CAUTION SECNO: 600.000 PROFILE: PROBABLE MINIMUM SPECIFIC ENERGY CAUT ION SECNO: 600.000 PROFILE: 20 TRIALS 􀁁􀁔􀁔􀁅􀁾􀁐􀁔􀁅􀁄 TO BALANCE WSEL WARN ING SECNO: 830.000
PROFI LE: CONVEYANCE CHANGE OUTS IDE ACCEPTABLE RANGE CAUT ION SECNO: 1010.000 PROF] LE: CRITICAL DEPTH ASSUMED CAUTION SECNO: 10iO.000 PRomE: PROBABLE MINIMUM SPECIFIC ENERGY CAUT ION
SECNO: 1010.000 PROFILE: 20 TRIALS ATTEMPTED TO BALANCE IVSEL CAUTION SECNO: 1210.000 PROfl LE: CR ITI CAL DEPTH ASSUMED CAUT ION SECNO: 1210.000 PROFILE: PROBABLE MINIMUM SPECIFIC ENERGY
CAUT ION SECNO: 1210.000 PROfiLE: 20 TRIALS 􀁁􀁔􀁔􀁅􀁾􀁐􀁔􀁅􀁄 TO 􀁂􀁁􀁌􀁦􀁵􀁾􀁃􀁅 IVSEL IVSEL CAUT ION SECNO: 1410.000 PROFILE: CRITICAL DEPTH ASSUMED CAUT lOfl SECNO: [410.000 PROfl
LE: /011 􀁎􀁉􀁾􀁕􀁍 SPECIFIC ENERGY CAUT ION SECNO: 1610.000 PROFILE: CR IT! CAL DEPTH ASSUMED CAUTlON SECNO: 1610.000 PROfl LE: PROBABLE 􀁍􀁉􀁎􀀱􀁍􀁕􀁾 SPECIFIC ENERGY CAUTION SECNO:
1610.000 PROfILE: 20 TRIALS 􀁁􀁔􀁔􀁅􀁾􀁐􀁔􀁅􀁄 TO BALANCE IVSEL WARN! NG SECNO: 1750.000 PROfILE: CONVEYANCE CHANGE OUTSIDE ACCEPTABLE RANGE CAUT lON SECNO: 1920.000 PROfILE: CRITICAL
DEPTH ASSUMED CAUT ION SECNO: 1920.000 PROFILE: PROBABLE MINIMUM SPECIFIC ENERGY CAUTION SECNO: 1920.000 PROfl LE: 20 TR IALS ATTEMPTED TO BALANCE IVSEL CAUTION SECNO: 2065.000 PROfILE:
CRITICAL DEPTH ASSUMED CAUTION SECNO: 2065.000 PROFILE: PROBABLE MINIMUM SPECIfIC ENERGY CAUTION SECNO: 2065.000 PROfILE: 20 TRIALS ATTEMPTED TO BALANCE '//SEL
\ CITY OF DALLAS June 2, 1982 Mr. Bob Zollars Huitt Zoll ars 8730 King George Dallas, Texas 75235 Re: Fi 11 'verificati on Winnwood at Beltl ine Dear Mr. Zollars: Persuant to your request,
the fill on the subject tract has been verified. According to the survey prepared by your firm the building sites proposed in the original flood plain removal application have been met.
The sites can therefore be removed from the flood plain on the zoning maps. Only those portions of the tract which have actually been filled should be removed from the flood plain. As
additional areas have been filled, they can also be removed from the maps. Please let me know if there are any questions. Maier, Assistant Director Public Works Department DEPARTMENT
OF PUBLIC WORKS 1500 WEST MOCKINGBIRD DALLAS, TEXAS 75235 TELEPHONE 2141670-&4-47
Chapter 6.1 FLOOD HAZARDSec. 6.1-1. Definitions. Unlessspecifically defined in this section, words or phrases used in this chapter shall be interpreted so as to give them the meaning
they have in common usage and to give this chapter its most reasonable application. Appeal: A request for a review of the building· official's interpretation of any provision of this
chapter or a request for a variance. Area of shallow flooding: A designated AO or VO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three (3) feet;
a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Area of special flood hazard: The land in the floodplain
within a community subject to a one percent or greater chance of flooding in any given year. Base flood: The flood having a one per cent chance of being equalled or exceeded in any given
year. Development: Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations located within the area of special flood hazard. Flood or flooding: A general and temporary condition of partial or complete inundation of normally
dry land areas from: (1) The overflow of inland or tidal waters; and/or (2) The unusual and rapid accumulation or runoff of surface waters from any source. ·Cr088 reference8-Buildings
and building regulations, Ch. 5; zoning, App. A; subdivisions, App. B. 511
: FLOOD HAZARD § 6.1-3 (2) If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered
to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the
structure. The term does not, however, include either: (1) Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications
which are solely necessary to assure safe living conditions; or (2) Any alteration of a structure listed on the national . register of historic places or a state inventory of historic
places. Variance: A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. (Ord. No. 597, §
3, 7-15-80) Sec. 6.1-2. Interpretation. In the interpretation and application of this chapter, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed
in favor of the city council; and (3) Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. No. 597, § 4, 7-15-80) Sec. 6.1-3. Penalties for noncompliance.
No structure or land shall hereafter be constructed, located, extendeq, converted or altered without full compliance with the terms of this chapter and other applicable regulations.
Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in 513
FLOOD HAZARD § 6.1-7 Sec. 6.1-5. Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions.
However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord.
No. 597, § 4,7-15-80) Sec. 6.1-6. Methods of reducing flood losses. In order to accomplish its purposes, this chapter includes methods and provisions for: (1) Restricting or prohibiting
uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (2) Requiring
that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Controlling the alteration of natural
flood plains, stream channels and natural protective barriers, which help accommodate or channel flood waters; (4) Controlling filling, grading, dredging and other development which
may increase flood damage; and (5) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other
areas. (Ord. No. 597, § 2,7-15-80) Sec. 6.1-7. Basis for establishing the areas of special flood hazard. The areas of special flood hazard. identified by the federal insurance administration
in a scientific and engineering report entitled "The Flood Insurance Study for the City of Addison, Texas, Dallas County," dated January, 1980, with accompanying flood insurance rate
maps, is hereby adopted by reference and declared to be a part of this chapter. The 515
FLOOD HAZARD § 6.1-13 structures, fill, storage of materials and drainage facilities; and the location of the foregoing. (b) Specifically, the following information is required: (1)
Elevation, in relation to mean sea level, of the lowest floor (including basement) of all structures; (2) Elevation in relation to mean sea level to which any structure has been floodproofed;
(3) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in section 6.1-26(2);
and (4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (Ord. No. 597, § 5, 7-15-80) Sec. 6.1-12. Building official-Grant
of permits. The building official is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.
(Ord. No. 597, § 5, 7-15-80) Sec. 6.1-13. Same-General duties. The duties of the building official shall include, but not be limited to: (1) Review all development permits to determine
that the permit requirements of this chapter have been satisfied. (2) Review all development permits to determine that all necessary permits have been obtained from those federal, state
or local governmental agencies from which prior approval is required. (3) Review all development permits for compliance with the provisions of section 6.1-25, Encroachments. (Ord. No.
597, § 5, 7-15-80) 517
FLOOD HAZARD § 6.1-18 (2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. (Ord.
No. 597, § 5,7-15-80) Sec. 6.1-17. Interpretation of FIRM boundaries. The building official shall make interpretations, where needed, as to the exact location of the boundaries of the
areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and . actual field conditions). The person contesting the location of the
boundary shall be given a reasonable opportunity to appeal the interpretation as provided in section 6.1-18. (Ord. No. 597, § 5,7-15-80) Sec. 6.1-18. Variances-Appeal board. (a) The
appe81 board as established by the city shall hear and decide appeals and requests for variances from the requirements of this chapter. (b) The appeal board shall hear and decide appeals
when it is alleged there is an error in any requirement, decision or determination made by the building building official in the enforcement or administration of this chapter. (c) Those
aggrieved by the decision of the appeal board, or any taxpayer, may appeal such decision to the municipal court. (d) In passing upon such applications, the appeal board shall consider
all technical evaluations, all relevant factors, standards specified in other sections of this chapter and: (1) The danger that materials may be swept onto other lands to the injury
of others; (2) The danger to life and property due to flooding or erosion damage; (3) The· susceptibility of the proposed facility and its contents to flood damage and the effect of
such damage on the individual owner; ;)19
FLOOD HAZARD § 6.1-19 one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (1-11) in section
6.1-18(d) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (b) Variances may be
issued for the reconstruction, rehabilitation or restoration of structures listed on the national register of historic places or the state inventory of historic places, without regard
to the procedures set forth in the remainder of this section. (c) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge
would result. (d) Variances shall only be issued upon a determination that the variance is the minimum necessary" considering the flood hazard to afford relief. (e) Variances shall only
be issued upon: (1) A showing of good and sufficient cause; (2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and (3) A determination
that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization
of the public as identified in section 6.1-18(d) or conflict with existing local laws or ordinances. ({) Any applicant to whom a variance is granted shall be given written notice that
the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased
risk resulting from the reduced lowest floor elevation. (Ord. No. 597, § 5,7-15-80) 521
FLOOD HAZARD § 6.1-26 (b) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood
damage. (c) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. (d) Base flood elevation data shall be provided for subdivision proposals
and other proposed development which contain at least fifty (50) lots or five (5) acres (whichever is less). (Ord. No. 597, § 6, 7-15·80) Sec. 6.1-25. Same-Encroachments. In all areas
of special flood hazard in which base flood elevation data has been provided, the cumulative effect of any proposed development, when combined with all other existing and anticipated
development, shall not increase the water surface. elevation of the base flood more than [one] foot at any point. (Ord. No. 597, § 6, 7-15·80) Sec. 6.1-26. Same-Specific standards. In
all areas of special flood hazards where base flood elevation data have been provided as set forth in section 6.1-7, Basis for establishing the areas of special flood hazard or in section
6.1-14, Use of other base flood data, the following standards are required: (1) Residential construction. New construction and substantial improvement of any residential structure shall
have the lowest floor, including basement elevated two (2) feet above base flood elevation. (2) Nonresidential construction. New .construction and substantial improvement of any commerical,
industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated two (2) feet above the base flood elevations together with attendant utility
and sanitary facilities or shall: a. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; 523
;' ORDINANCE NO. ---.J;;-7----AN ORDINANCE OF THE CITY OF ADDISON, TEXAS, ADOPTING FLOOD PLAIN INSURANCE REQUIREMENTS AND GUIDELINES; PROVIDING FOR PURPOSE; METHODS; DEFINITIONS; GENERAL
PROVISIONS; ADMINISTRATION; FLOOD HAZARD REDUCTION; PROVIDING FOR A REPEAL OF CONFLICTING ORDINANCES AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ADDISON,
TEXAS: SECTION 1. Purpose. It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions
in specific areas by provisions designed: 1) To protect human life and health; 2) To minimize expenditure of public money for costly flood control projects; 3) To minimize the need for
rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4) To minimize prolonged business interruptions; 5) To minimize damage
to publicfacilities and utilities such as water and --' gas mains, electric telephone and and sewer lines, streets and bridges located in areas of special flood hazard; 6) To help maintain
a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas; 7) To insure that potential buyers are
notified that property is in an area of special flood hazard; and, 8) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
SECTION 2. Methods of Reducing Flood Losses. In order to accomplish its purposes, this ordinance includes methods and provisions for: (a) Restricting or prohibiting uses which are dangerous
to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (b) Requiring that uses vulnerable
to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (c) Controlling the alteration of natural flood plains,
stream channels, and natural protective barriers, which help accommodate or channel flood waters; (d) Controlling filling grading, dredging, and other development which may increase
flood damage; and, (e) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. SECTION
3. Definitions. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this
ordinance its most reasonable application. (a) "Appeal" means a request for a review of the building official's interpretation of any provision of this ordinance or a request for a variance.
(b) "Area of shallow flooding" means a designated AO or \,TO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet: a clearly defined channel
does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident.
(c) "Area of special flood hazard" means the land in the flood plain within a community subject to a one percent 􀁾􀁲 􀁾􀁲􀁥􀁡􀁴􀁥􀁲 chance of flooding in any given year. (d) "Base flood"
means the flood having a one percent chance of being equalled or exceeded in any given year. (e) "Development" means any man-made change to improved or unimproved real estate, including
but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard. (f) "Flood"
or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: 1) The overflow of inland or tidal waters and/or 2) The unusual
and rapid accumulation or runoff of surface waters from any souce. (g) "Flood Insurance Rate Map" (FIRM) means the official map on which the Federal Insurance Administration has delineated
both the areas of special flood hazards and the risk premium zones applicable to the community. (h) "Flood Insurance Study" means the official report provided in which the Federal Insurance
Administration has provided flood profiles, as well as the Flood Insurance Rate Maps and the water surface elevation of the base flood. (i) "Habitable floor" means any floor useable
for livingpruposes, which include working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a "Habitable floor." (j) "New
Cosntruction" means structures for which the r'start of construction" commenced on or after the effective date of this ordinance. (k) "Start:. of construction" means the first placement
of permanent construction of a structure on a site, such as the pouring of slabs or
footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation
of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation of
streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on property
of accessory building, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure without a basement or poured footings, the "start
of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. (1) "Structure" means walled and roofed building or
a gas or liquid storage tank, that is principally above ground. (m) "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals
or exceeds 50 percent of the market value of the structure either: 1) before the improvement or repair is started, or 2) if the structure has been damaged is being restored, before the
damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part
of the building commences. whether or not that alteration affects the external dimensions of the structure. The term does not, however. include either 1) any project for improvement
of a structure to comply with existing State or local health. sanitary, or safety code specifications which are solely necessary to assure safe living conditions. or 2) any alteration
of a structure listed on the National Register
(n) "Variance" means a grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance. SECTION 4.
General Provisions A) Lands to Which this Ordinance Applies This Ordinance shall apply to all areas of special flood hazards within the jurisdiction of the City of Addison, Texas. B)
Basis for Establishing the Areas of Special Flood Hazard The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled
"The Flood Insurance Study for the City of Addison, Texas, Dallas County," dated January 1980, with accompanying Flood Insurance Rate Maps is hereby adopted by reference and declared
to be a part of this ordinance. The Flood Insurance Study is on file at 4500 Belt Line Road, Addison, Texas. C) Penalties for Noncompliance No structure or land shall hereafter be constructed,
located, extended, converted, or altered withoutfull compliance with the terms of this ordinance and other applicable regulations. Violation of the provisions of this ordinance by failure to comply with any of its requirements (including
violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any
of its requirements shall upon conviction thereof be fined not more than $200.00 for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein
contained shall prevent the City of Addison, Texas from taking such other lawful action as is necessary to prevent or remedy any violation. D) Abrogation and Greater Restrictions
fl r, This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement,
covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. E) Interpretation In the interpretation and application of this ordinance,
all provisions shall be; 1) Considered as minimum requirements; 2) Liberally construed in favor of the governing body; and, 3) Deemed neither to limit nor repeal any other powers granted
under State statutes. F) Warning and Disclaimer of Liability The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on
scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply
that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the
part of the City of Addison, Texas, any officer or employee thereof or the Federal Insurance Administration for any flood damages that result from reliance on this ordinance or any administrative
decision lawfully made thereunder. SECTION 5. Administration A) Establishment of Development Permit A Development Permit shall be obtained before construction or development begins within
any area of special flood hazard established in Section 4(B) Application for a Development Permit shall be made on forms furnished by the Building Inspection Department and may include,
but
r. , not be limited to; plans in duplicate drawn to scale showing the nature location, dimensions, and elevations of the area in question; 􀁥􀁸􀁾􀁳􀁴􀁩􀁮􀁧 or proposed £tructures, fill,
storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required: 1) Elevation in relation to mean sea level, of the
lowest floor (including basement) of all structures; 2) Elevation in relation to mean sea level to which any structure has been floodproofed; 3) Certification by a registered professional
engineer or architect that the floodproofing methods for any non residential structure meet \ the floodproofing criteria in Section bG(2) and, 4) Description of the extent to which any
watercourse will be altered or relocated as a result of proposed development. B. Designation of the Building Official The building official is hereby appointed to administer and implement
this ordinance by granting or denying development permit applications in accordance with its provisions. C. Duties and Responsibilities of the Building Official Duties of the building
official shall include, but not be limited to: 1) Review all development permits to determine that the permit requirements of this ordinance have been satisfied. 2) Review all development
permits to determine that all necessary permits have been obtained from thoseFederal, State or Local governmental agencies from which prior approval is required. 3) Review all development
permits for compliance with the provisions of Section 6F, Encroachments. D. Use of Other Base Flood Data When base flood elevation data has not been provided in accordance with Section
4(B), BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
[, 􀁾􀀭 (J HAZARD, the building offical shall obtain, review and reasonably utilize any base flood elevation data available from Federal, State or other source, in order to administer
Sections 6G (1), SPECIFIC STANDARDS, Residential Construction, and 6G(2) Nonresidential Construction. E. Information to be Obtained and Maintained 1) Obtain and record the actural elevation
(in relation to mean sea 􀁬􀁥􀁶􀁥􀁬􀁾 of the lowest habitable floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a
basement. 2) For all new substantially improved flood proofed structures: a) verify and record the actural elevation (in relation to mean seal level); and b) maintain the floodproofing
certifications required in Section 5(A) 3) Maintain for public inspection all records pertaining'to the provisions of this ordinance. F. Alteration of Watercourses 1) Notify adjacent
communities and the Federal Emergency Management Agency prior to any alteration or relocation of a a watercourse, and submit evidence of such notification to the Federal Insurance Administration.
2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. G. Interpretation of FIRM Boundaries
Make interpretations·where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped
boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section
5(H)1.
)" \ . 􀁾 -(iI L H. Variance Procedure 1) Appeal.Board a) The appeal board as established by the City of Addison, Texas shall hear and decide appeals and requests for variances from
the requirements of this ordinance. b) The appeal board shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the
building official in the enforcement or administration of this ordinance. c) Those aggrieved by the decision of the appeal, or any taxpayer, may appeal such decision to the Municipal
Court. d) In passing upon such applications, the appeal board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance,
and: i) The danger that materials may be swept onto other lands to the injury of others; ii) The danger to life and property due to flooding or erosion damage; iii)The susceptibility
of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; iv) The importance of the services provided by the proposed facility
to the community; v) The necessity to the facility of a waterfront location, where applicable; vi) The availability of alternative locations for the proposed use which are not subject
to flooding or erosion damage;
(( . \ .... (( B. Anchoring All new construction and substantial 􀁩􀁭􀁰􀁲􀀶􀁶􀁾􀁭􀁥􀁮􀁴􀁳 shall be anchored to prevent flotation» collapse» or lateral movement of the structure. C. Construction
Materials and Methods 1) all new construction and substantial improvements shall be constructed with new materials and utility equipment resistant to flood damage. 2) all new construction
and substantial improvements shall· be .}:',.j constructed using methods and practices that minimize<flood damage. D. Utilities 1) All new and replacement water supply systems shall
be designed to minimize or eliminate infiltration of flood waters into the system. 2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration
of flood waters into the systems and discharge from the systems into flood waters; and 3) On-site waste disposal systems shall be located to avoid impairment to them during flooding.
E. Subdivision Proposals 1) All subdivision proposals shall be consistent with the need to minimize flood damage; 2) All subdivision proposals shall have public utilities and facilities
such as sewer, gas electrical, and water systems located and eonstructed to minimize flood damage; 3) All subdivision proposals shall have adequate drainage provided to reduce exposure
to flood damage; and, 4) Base flood elevation data shall be provided for subdivision L proposals and other proposed development which contain at least 50 lots or 5 acres (whichever is
less). ..
(L F. Encroachments In all areas of special flood hazard in which base flood elevation data has been provided, the cumulative effect of any proposed development, when combined with all
other existing and anticipated development, shall not increase the water surface elevation of the base flood more than 􀁾 foot at any point. G. SPECIFIC STANDARDS In all areas of special
flood hazards where base flood elevation data have been provided as set forth in Section 4(B) BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD or in Section SeD), Use of Other
Base Flood Data, the following standards are required: 1) Residential Cosntruction New construction and substantial improvement of any residential structure shall have the lowest floor,
including basement elevated two (2) feet above base flood 􀁾􀁬􀁥􀁶􀁡􀁴􀁩􀁯􀁮􀀮 2) Nonresidential Construction New construction and substantial improvement of any commercial, industrial
or other nonresidential structure shall either' have the lowest floor, including basement, elevated two (2) feet above the base flood elevations together with attendant utility and sanitary
facilities shall: a) be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; b) have structural components
capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and c) be certified by a registered professional engineer or architect that the standards of this subsection
are satisfied. Such certifications shall be provided to the official as set forth in Section S(D).
􀁾􀁲􀀭􀀯􀁟􀀭􀀭􀀭􀁟􀀮 1980. \.\ ., J l. 1\ . /. SECTION 7. The fact that the City of Addison does not have Flood Plain Insurance Requirements and Guidelines creates an urgency and emergency
and requires this ordinance to take effect from and after its passage as the law in such cases provides. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF ADDISON, TEXAS, this 􀁴􀁨􀁥􀁟􀀮􀁌􀀮􀀮􀀱􀀭􀀽􀀵􀀺
􀀮􀀭􀁾􀁟􀀭􀁟􀀭􀀭􀀭􀀬􀁄􀁁􀁙OF ATTEST: Jtu!4fA/L 􀁍􀁡􀁾 CITY 􀁾􀁃􀁒􀁅􀁔􀁁􀁒􀁙
(L 2) Variances may be issued for the reconstruction, rehabilitation or estoration of structures listed on the National Register of Historic Places or the State Inventory of Historic
Places, without regard to the procedures set forth in the remainder of this section. 3) Variances shall not be issued within any designated floodway if any increase in flood levels during
the base flood discharge would result 4) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard to afford relief.
5) Variances shall only be issued upon i) a showing of good and sufficient cause; ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant;
and iii)a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances,
cause fraud on or victimization of the public as indentified in Section 5(H)I, d, or conflict with existing local laws or ordinances. 6) Any applicant to whom a variance is granted shall
be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate
with the increased risk resulting from the reduced lowest floor elevation. SECTION 6. Provisions for Flood Hazard Reduction A. General Standards In all areas of special flood hazards
the following standards are required: 􀁾 B. Anchoring
r\ ... _. (',--, vii) the compatibility of the proposed use with existing and anticipated development; viii)the relationship of the proposed use to the comprehensive plan and flood plain
management program of that area; Ix) the safety of access to the property in times of flood for ordinary and emergency vehicles; x) the expected 􀁨􀁥􀁩􀁧􀁨􀁴􀁳􀁾 velocity, duration,
rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and, xi) the costs of providing governmental services during
and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. e) Upon consideration
of the factors of Section 5(H)1 and the purposes of this ordinance, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purposes
of this ordinance. f) The building official shall maintain the records of all appeal actions including technical information and report and variances to the Federal Insurance Administration
upon request. I. 􀁾􀁯􀁮􀁤􀁩􀁴􀁩􀁯􀁮􀁳 for Variances 1) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or
less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (i-xx) in Section 5(H)1, d have been fully considered.
As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
.0&_ ..........; ....v ................ no. .. 􀁾􀁡􀀮􀀮􀁌􀀮􀁌... \4 d 􀁯􀁐􀀮􀁌􀀮􀀾􀀮􀁾 􀁭􀁾􀀮􀀱􀀮􀀱􀁾􀁑􀁮 QO.1.1ar DOna program for July 28 through which virtually every road in the
city will be upgraded over the next· three years. It is anticipated·that the bond program will result in a tax increase of no more than $.04 in the upcoming year's budget. If the bond
program 15 approved, the cityt s tax rate would be 􀀤􀀮􀀱􀁾 per $100.00 valuation. Your city taxes would be 'f . • The Board of Equalization will be held on July 25th and 26th this year.
If you have documented. evidence, of a recent date, substantiating a lower market value, you may want to discuss this with the Tax ·Asse$sor: or appear at the Board 􀁯􀁦􀂷􀁅􀁱􀁵􀁡􀁬􀁩􀁾􀁡􀁴􀁩􀁯􀁮􀀮
If so, please call (214) 233-1331 to'schedule an appointment correct for you. The above values are based on the following type of 􀁾􀁲􀁯􀁰􀁥􀁲􀁴􀁹􀀺 PERSONAL-' --LBASED' _ REAL PROPERTY_'
_ Description of real .property:
. 'I ... 􀁾􀁾 ::.. -;, 􀁾 􀀧􀀬􀀭􀁾􀁾 .,-.,.",: . . \. /􀁾 • ,> .' .}. j i. )' .􀁾 '.: c.d.J J:,,< -'j 􀁾􀀢􀀺 ;') t,j ",,<, ; i 􀁾􀀭􀀢 .􀁾 .: ' ; f.. 􀁟􀁾􀀮 􀁾􀀧􀁾 .1.." 􀀺􀁾􀀮􀀭 ;",,"
"." f) y. 􀁾􀀢􀁩 ..; .-:" . 􀁾 : _. 4' • . i .., l:.· .t,... 􀁾􀁾􀀺􀁊􀀨􀀻 bL 􀁾􀁩 . . 5' u C . ,"1 􀁾􀁾􀀮 F7f:' 􀀧􀀮􀁾􀀬􀀺􀁾􀀺􀁾􀀢 ," 􀁾 􀁾􀀻􀀻􀀺 j', " 􀁾􀀢􀀱 􀁾 ;::.1.. 􀁾􀁾..--'..
'?:;: i.:",>.r L ,-:-:-; 􀁜􀁾􀁾 􀀭􀀮􀁾􀀺 􀀧􀁾􀀧􀁪 􀁾􀀧􀀮􀁻􀀩􀁽 ;.id .L .'i 􀁩􀁾 ";:.Jf "( "J .' ' . 􀁾 ..---;-:, J.. :.-: 􀀻􀁉􀁕􀀻􀀢􀁾􀁔 i'i': r U" J " ',;,': :'n .':': i.>::: ", :-:
" 􀀮􀀻􀀺􀀭􀁾 ",:" ": 􀀬􀀻􀁾􀀬􀀮􀁲 􀀺􀀺􀁾􀀭.. -.-: ," :>i : 􀁾 i ' .:. 1, ,1 􀁾􀀮 . . 􀁾􀁲􀁄 ; ,'.' ::. 􀁩􀁾􀀻􀀬􀀻􀀧 ' .. 􀁾􀀬􀀬􀀧 '.. "". .' ,,' '. : ".' 􀀧􀁜􀁜􀁾􀀧􀀮 J • , " i' ,':
" 􀁾 . 􀁾 􀁾 e----:" '.,... '.. 􀁾 '" 􀁾􀀬􀀮􀁾􀀮 􀁉􀁾 􀁾􀀮􀁖􀀧 . ...• 􀁾􀀺􀁾 􀀭􀀹􀂷􀁟􀁬􀁊􀂷􀂷􀂷􀂷􀁾􀀭􀀭􀀺􀀻􀀮􀁾 '. r;;( ,'&Qi 􀁾 )
STATE OF TEXAS FLOODPLAIN ADMINISTRATORS MANUAL CROSS-SECTIONAL VIEW NO DEVELOPMENT CROSS-SECTIONAL VIEW WITH EXISTING & NEW DEVELOPMENT PERSPECTIVE VIEW 100-YEAR FLOOD PLAIN I-------FLOOD
PLAIN----------j FLOODWAY FLOOD FLOOD FRINGE FRINGE BASE FLOOD ELEVATION NORMAL CHANNEL 1------FLOOD PLAIN----------1 FLOODWAY FLOOD FRINGE
STATE OF TEXAS FLOODPLAIN ADMINISTRATORS MANUAL September 1990 TEXAS WATER COMMISSION WATER RIGHTS & USES DIVISION DAM & FLOODPLAIN SAFETY SECTION This document was prepared, underFEMAGrant
Number EMT-90-K-0185, as part of the National Flood Insurance Program., Community Assistance Program.-State Support Services Element. The authors and publisher are solely responsible
for the accuracy of the statements and interpretations contained in this publication. Such interpretations do not necessarily reflect the views of the Government. Our thanks to all the
States that provided us a copy oftheir Floodplain Management Manuals/Handbooks. These manuals providedmany excerpts and ideas that were used in various places throughout this Manual.
TEXAS WATER COMMISSION B. J. Wynne, III, CMlrm.n John E. Birdwell, Commissioner Cliff Johnson, Commission., Allen Belnke, Executive DllfH:toI' Authorization for use or reproduction of
any original material contained in this publication, i.e., notobtained from othersources, is freely granted. The Commission would appreciate acknowledgement. Published and distributed
by the Texas Water Commission Post Office Box 13087 Austin, Texas 78711 ii
PREFACE The history offlooding in Texas is not a happy one. Our state is large with a great variety of topography, from mountains to flat prairies to coastal plains to beachfront. We
have been battered by enormous hurricanes, and by thunderstorms that have set national rainfall records. Statewide we have over 1250 flood prone communities. Texas has the dubious distinction
of leading the nation in total cost of flood damage claims paid. As a state we have .-not done well in protecting our people or our property from flooding. The National Flood Insurance
Program is a nationwide effort to help each state, each community and each property owner do better. The National Flood Insurance Program (NFIP) is based upon an agreement between local
communities and the federal government. If a community implements programs to reduce future flood risks, the federal government will make flood insurance available within the community
to insure property owners against potential losses. The intent of the NFIP is not to prohibit development in the floodplain, but to guide such development in a manner consistent with
both nature's need to convey flood waters and a community's land use needs. The information compiled for this handbook is intended to familiarize local officials with the NFIP. Focus
has been specifically directed towards: iii • Regulations and guidelines for participation in the National Flood Insurance Program. • Local officials' responsibilities to develop and
implement strategies which will reduce future flood damages. In Texas, theDam& Floodplain Safety Section of the Texas Water Commission has been'designated as the State Coordinating Agency
for the NFIP. Along with this coordination, the TWC staff also of 􀁦􀁥􀁲􀁾 technical and planning assistance to local governments in developing floodplain management programs. To accomplish
the goal of reducing flood losses in Texas through wise use of floodplains, the Dam & Floodplain Safety Section concentrates on the following responsibilities: • Providing technical
information on flood hazards. • Assisting communities in establishing local floodplain management programs. • Reviewing impacts of ·proposed projects in floodplains. • Coordinating the
NFIP activities for 853 participating Texas communities, and providing regular information
about flooding and the NFIP to the additional 407 flood-prone but nonparticipating communities. • Assisting the Governor's Division of Emergency Management during flood disasters. IV
Floodplain management programs depend on local government administration and implementation to assure success. The TWC staff hopes this handbook will help local officials manage their
own programs to meet the requirements of participation in the NFIP.
TABLE OF CONTENTS Page PREFACE INTRODUCTION .................................................................................................... iii 1 Flooding ..........•.. ...•.•...
1 Flood Control 1 Floodplain Management........ •... 2 weal Regu.lation ,.................... 2 CHAPrER 1: NATIONAL FLOOD INSURANCE PROGRAM 5 Emergency Phase 5 Regu.lar Phase 6 r Special
or Direct Conversions. 7 Biennial Report 0 0......•••.••.•.••.•.. 8 Comm.unity.Assistance Visit (CAV) •••..•..•.•..••....•....•.. 8 CHAPrER 2: TEXAS FLOOD CONTROL AND INSURANCE ACT 11
Purpose 11 Water Commission 􀁾􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮 11 State Board of Insurance 􀁾
12 Political Subdivisions . 12 v
TABLE OF CONTENTS-Continued Page CHAFfER 3: LOCAL FLOODPLAIN MANAGEMENT REGULATIONS AND NFIP STANDARDS 15 􀁾􀁣􀁡􀁬 Floodplain Management Ordinances....... 15 The Legality of Regulating
Floodplain Development 15 Degree of Regulation .............................................•...............................􀁾 15 Prohibiting Certain Kinds of Development 16 Resmcting
Floodway 􀁄􀁥􀁶􀁾􀁬􀁯􀁰􀁭􀁥􀁮􀁴 􀀱􀁾 Maintaining the Flood Flow Capacity of Streams 18 Selecting a Regula"tory" Flood 􀁾 18 Incorporating a Freeboard Safety Factor 18 Selecting the Type
of Ordinance .•. 18 Preparin.g Regulations.................................................................................... 19 NFIP Ordinance'Requiremen'ts 19 60.3(a) . ..•... .•............•.....
20 60.3(b) 􀁾 20 60.3(c) 21 60.3(q) .....•........................................................................􀁾 .......••.............. 22 60.3(e) ,..........................................•...
........................................ 22 Conclusion .........................•............................................................................ 23 Floodplain Development
Standards .•.... 23 General Standards "..................................................................... 23 Anchoring 23 vi
TABLE OF CONTENTS-Continued Page Construction Ma'terials and Methods 24 Utilities 25 Subdivision Pl-oposals ...•.... 25 Specific Standards .. 26 Residential Struct1lres 26 Nonresidential
Struct1lres ........................•............................................. 26 Manufactured Homes 26 Floodways 27 Coastal High Hazard Areas 28 Substantial Improvemen"ts 30 Additions
30 Renovations 30 Phased Improvemen"ts ...•.... 31 CHAPrER 4: FLOODPLAIN ORDINANCE ADMINISTRATION 33 Development Perm.it Sys'tem 33 What'It Is 33 When a Perm.it is Required 34 The Perm.it
Application 34 Reviewing the Pernl.it Application 34 wca'te the Development.......................................................................... 35 Determine if the Application
is Complete 35 vii
TABLE OF CONTENTS-Continued Page Additional Perm.its , 35 Determ.ine the Base Flood Elevation (BFE) 36 Other Considerations '.". 36 Special Considerations on Perm.it Review ..........................
..•......􀁾 .......•................ 37 Floodways ........................................................•........•.............' tI: •••••••••••••• 37 Allowable Floodway Uses 􀁾 ,
37 Watercourse Alterations .•.............................................................................. 37 N􀁯􀁾􀁥􀁳􀁩􀁤􀁥􀁮􀁴􀁩􀁡􀁬 􀁓􀁾􀁣􀁴􀁵􀁲􀁥􀁳􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮
􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮 39 Residential 􀁓􀁾􀁣􀁴􀁵􀁲􀁥􀁳 .,...................... 40 Subdivisions
41 Manufactured Homes 41 AO Zones 42 Acting on the Perm.it Application 42 Approve the. Perm.it Application 43 Conditionally Approve the Perm.it 43 Deny the Perm.it 43 Applicant's Options
43 Variances ... . . ........ ... . . 43 Adminis'b-ative Responsibilities 44 Enforcement 44 Violations 45 viii
TABLE OF CONTENTS-Continued Page Penalties for' Noncompliance 45 Record Keeping........................................................................................ 46 weal Administ.ra-tor
Responsibilities 47 Development Permit Administration ...•.......................................... 47 􀀨􀀩􀁢􀁾􀁩􀁉􀁬 flIl(l 􀁬􀁖􀁉􀁦􀁌􀁩􀁉􀁬􀁾􀁩􀁉􀁬 􀁉􀁊􀁬􀁦􀀨􀀩􀁾􀁡􀁴􀁩􀀨􀀩􀀱􀁬 •••••••••••••••••••
••••••••••••••••.••••••••.••••• 47 Watercourse Alteration Notification 48 Interpretation of lVIap Boundaries 48 --CHAPrER 5: PLANNING TO REDUCE FLOOD DAMAGES ...........................
49 Intl-oduction 49 DefIning the Pl-oblem 50 Pilysical Aspects .............•.............................................................................. 50 Economic and Social Issues..............
.............................................................. 50 Environm.ental Issues .. 51 Establishing wcal Objectives '...................•................................... 52
Public Participation. 52· Tools· Available . 53 S'b-uctu.ral lVIeasures ..................................................................................•... 53 Dam.s and Reservoirs
􀁾􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮 53 Levees and Floodwalls 54 Chann.el Improvemen'ts 55 Wa"tershed 1'rea'tm.ent .. 55 ix
TABLE OF CONTENTS-Continued Page Nons"b"uctl1ral Measures 55 Reducing Susceptibility 55 Floodplain Regulation -􀁾􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮
􀀮􀀮 55 Zoning I....... 56 Building Codef?/Subdivision Regulations ..•........•... 56 S"torm.wa'ter Management -.... 56 Acquisition and Relocation...... 57 Development Policy ....• 57
Tax Incentives .. 57 Floodproo(Ing 􀁾 57 Reducing the Imp.act 58 Inform.ation and Education ...................•-.-............................................... 58 Flood Forecasting
and Warning '. 58 􀁾􀁭􀁥􀁲􀁧􀁥􀁮􀁣􀁹 P!-eparedness.............................•........ 58 Flood Insllrance ":.........•...................•........................􀁾 59 Post-Flood,
Recovery-59 Selecting Al'tern.atives ................................................•..........􀁾 􀀭􀀮􀁾 59 Ma'tchin.g Solutions "to 􀁐􀁲􀁯􀁢􀁬􀁥􀁾 􀁾􀀮􀀭...........•'...............•..'
59 Short-􀁾􀁤 wng-Term. S'b-a'tegies ..............•.-60 Short-Term. S'b-a'tegies ...•.....••....••••...•••...•••.•.••...•􀁾 ..•.......••••.􀁾􀁾•..••....•...•.... 61 wng-Term. S'b-a'tegies
61 x
TABLE OF CONTENTS-Continued Page Sources of Assistance...................................................................................... 62 Implementation: Making it Work 63 Regulatory/policy
Measures 63 Flood WarIling and P.l-eparedness .......................•...•...••.................•...•........... 63 Pu.blic Works M Priva'te Measures .....•........ M Optional Measures...............
........................................................................... M Section 60.22 Planning Considerations For Flood-P.l-one Areas M Summary 66 CHAPrER 6: COMMUNITY RATING SYSTEM
SUMMARY (CRS) 67 Background 67 The Concept .. . 67 Community Classification 68 Operation' ... ... .. . . . 68 Cos'ts and Benefi'ts 69 Acti'Vities Credited Under the CRS 70 APPENDICES
A. Texas 'Flood Control and Insurance Act 75 B. NFIP Term.inology-81 xi
TABLE OF CONTENTS-Continued Page c. Sources of Technical Assistance 85 D. Identifying Floodplain Areas and Using Floodplain Maps 87 Figure Dl.--Flow VB. Frequency CUl'V'e 89 Figure D2.--Cross
Section of Stream and Floodplain 89 Figure D3.--Flood Profile and Topographic Map 91 E. Sample PerDl.its ............•••..•...............•......•...........•...........•.................•.•.••......
....... 97 F. Permit Review Checklist 103 FIGURES 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Differing Floodplain Management Contexts 17 Manufactured Home An.choring .•...........................................
........................... 24 100-Year Floodplain .. 27 'I'ypical Transect Schematic 􀁾􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮28 DeterJIlining I..owest Floor 􀁾􀁶􀁥􀁬 􀁾 29 I..ocating
Site on FlffiM .. . ... .. . .. . ..... 35 Watercourse Alteration Through a Roadbed 38 Floodproofed Commercial StJ.-ucture 39 Elevated Residential StJ.-uctures-􀁾 40 Elevation in an
AD Zone ..............................•..................................-42 xii
INTRODUCTION FLOODING Streams and rivers are nature's way of collecting and carrying rainfall from higher ground to lakes and oceans. When unusually large amounts ofcollectedwater build-up
along a watercourse, flooding occurs. The land areas adjacent to the streams, rivers, lakes and oceans that are inundated when flooding occurs are floodplains. Under purely natural condi-__
tions, this flooding causes little or no damage. Damage does occur, however, when man attempts to occupy the floodplain. There are approximately 80,000 miles ofrivers and streams throughout
the State ofTexas. Historically,these watercourses have served as focal points for the establishment and growth of cities andtowns by providing needed waterresources andvital transportation corridors. Along with the
benefits of locating next to rivers and streams, however, there is also a certain danger. Triggered by heavy or prolonged rainfall, rivers and streams periodically overtop their banks,
spreading floodwaters onto adjacent lowlands or floodplains. In Texas, floods have caused over $900 million worth of property damage and have taken hundreds of lives. Floods are by far
the most common and serious natural hazard with which Texas municipalities must contend. FLOOD CONTROL At first, the federal government and the State tried to curb escalating flood damages
by constructing dams, levees and floodwalls or by enlarging or straightening stream channels. Wichita Falls, TX 1982 City Planning By the mid 1950's, many of those working in the flood
control field began to recognize that the structural approach could never be the entire solution to minimizing flood damage. Studies showed that while expenditures for flood control
works increased, so did annual flood damage. It became evident that, although flood control structures were generally holding down flood losses to existing floodplain development, they
were also creating a "false sense of security" resulting in the more extensive development of those "protected" areas. As a result, when larger floods occurred which exceeded the design
capacity of flood control projects, the amount of damage that actually took
place far exceeded the amount of damage that would have occurred ifthe floodplain areas were not protected by structural means. It became clear that something else hadtobe done, and
that rather than trying to control flooding totally, perhaps dealing with the cause of the problem -undesirable floodplain development -would be a more practical and effective solution.
Out of this developed the concept of floodplain management. FLOODPLAIN MANAGEMENT Floodplain management may be defmed as the full range of carefully planned public policy and action
designed to promote the wise use of floodplains and to reduce future flood damages. A comprehensive floodplain management program includes both corrective measures to rectify existing
problems and preventive measures to keep new problems from developing. Local governments have the primary responsibility for establishing floodplain management programs. They have the
authority to guide land use and development within their jurisdictions and are more familiar with their own flooding problems and what might be done about them. The state and federal
governments can play a significant role in helping communities develop and implement floodplain management programs by providing the necessary fmanciaI and technical assistance which
local governments might not otherWise have. LOCAL REGULATION This handbook is directed at just one aspect of local floodplain management: the regulation of construction and development
within floodplains. Communities are encouraged to develop and administer regulations as part of a broader floodplain management plan or program which establishes defined goals and objectives
within which specific regulatory actions can be guided. Local land use regulations can be an important part of an overall floodplain management program. Zoning regulations can control
the type, density and location ofuses within floodplains. Subdivision regulations can be used to insure that known floodprone areas are clearly described on subdivision plans, for effective
management and for adequate notification to potential buyers. Building codes set forth floodproofmg design and construction standards to lessen the vulnerability of new buildings to
flood damage. Each type of regulation achieves a slightly different objective and -2 -
all are important in reducing future flood damages. The limitations of local regulations must be recognized, however. While they are important in an overall program of floodplain management,
they are almost exclusively aimed toward future construction. That is, although they can be used effectively to help prevent the problem from becoming any worse, they will not be very
useful in reducing damage potential to existing structures. This emphasizes the need for both corrective and preventive measures to achieve adequate floodplain management. Both measures
are the basis for the guidelines contained in the National Flood Insurance Program Regulations. -3 -
CHAPrERl NATIONAL FLOOD INSURANCE PROGRAM The National Flood Insurance Program (NFIP) was created by the National Flood Insurance Act passed by Congress in 1968. The purpose of the NFIP
is twofold. • To provide the general public with the opportunity to obtain flood insurance at reasonable rates to cover damages to buildings and their contents caused by flooding; and
• To reduce future flood damages by requiring the regulation ofnew development in floodprone areas. The NFIP is administered by the Federal Insurance Administration (FIA) within the
Federal Emergency ManagementAgency (FEMA). The NFIPis coordinated in the State of Texas by the Texas Water Commission. Flood insurance is sold through licensed insurance agents. A property
owner may buy flood insurance if the property is located within a community which participates in the NFIP. In return for providing the insurance, the federal government requires participating
communities to regulate new construction and substantial improvements in areas subject to flooding. The federal government has been given the responsibility to identify and-5 -map the
flood hazard areas of all communities. The NFIP is administered in two phases: the Emergency Phase and the Regular Phase. A community's status as an Emergency or Regular Phase participant
depends upon the type and detail of flood data provided by the federal government. EMERGENCY PHASE The Emergency Phase is normally the entry stage of participation for communities. In
this phase, a community's flood hazard areas are identified by the federal government through the issuance of a Flood Hazard BoundaryMap (FHBM). This map identifies the flood areas without
establishing insurance risk premium zones or providing flood elevation data. Flood insurance can be obtained throughout the community at flat rates based on the type of structure. This
rate remains the same regardless of a structure's likelihood of being flooded. To participate in the Emergency Phase, a community must adopt and enforce local floodplain regulations.
The local regulations must satisfy FEMA's minimumregulatory requirements for new construction which takes place within the flood hazard areas (referred to as Zone A)
on the FHBM. A community remains in the Emergency Phase until it is converted to the Regular Phase. REGULAR PHASE A detailed engineering study is the most common method of converting
a community to the Regular Phase. Study efforts result in the determination of the lOO-year flood elevations, designation of high hazard floodway areas, and establishment of flood insurance
risk premium zones. The study results in a report entitled Flood Insurance Study (FIS) and accompanying maps entitled the Flood Boundary and Floodway Map (FBFM) and the Flood Insurance
Rate Map (FIRM). The study text and maps provide local officials with the basis for reviewing proposed developments and enforcing floodplain regulations within their communities. The
FIS and accompanying maps describe the streams which were studied and contain information about stream discharges, flood profiles and insurance 􀁺􀁾􀁮􀁥􀁾􀀮 Elevation reference marks
are also mdicated on the maps. The Flood Boundary and Floodway Maps show (for each stream studied by detailed engineering methods): (1) the lOO-year floodplain boundary; (2) the 500-year
floodplain boundary; (3) location of surveyed cross-section profiles used; and, (4) delineation of the "floodway." -6-The "floodway" is the area of a stream and adjacent overbank areas
that must be kept free of development that would ca:use any increase in the base flood elevation. For the streams not studied by detailed engineering methods, the map shows the approximate
lOO-year floodplain boundary." This represents the lateral extent of the "lOO-year" flood's inundation area. Another type of map, entitled the Flood Insurance Rate Map (FIRM), is provided
for community officials, lending institutions and insurance agents. AFIRM which results from detailed hydraulic and hydrologic analyses will include lOO-year flood elevations and designated
insurance rate zones. Zones indicated as "A" (numbered or unnumbered) "AO" and "AH" are located within the boundaries ofthe lOO-yearfloodplain; zones identified as "B" are located within
the boundaries ofthe 500-yearflood-Plain· andthe remaining areas ofa community ,are normally designated Zone "C". "Numbered A" zones reflect the flood risk of a particular section of
the stream. Since 1985 FEMA has made an effort to consolidate the Floodway Map with the Flood Insurance Rate Map described above. The new combined map, although referred to as a FIRM,
combines the data contained on the FBFM with that of the FIRM. For communities receiving a FIRM effective after September, 1985 the following designations for flood hazard areas and
flood risk zones will appear on the map. Zones "A", "AO", "AH" and "AE" correspond to the boundaries of the 100year floodplain. A shaded Zone "X" will correspond to the former "B" zone
representing the boundaries of the 500-year floodplain. An unshaded Zone "X" repre
sents the previous "C" zones. These replacement designations will be used for new maps gradually replacing the "Al30", "B", and "C" designations. The federal government obtains a detailed
analysis by engaging a private engineering firm. or another public agency to undertake the in-depth surveys. Another option exercised is to use existing detailed information from flood
studies prepared for purposes other than those of the NFIP. Sometimes a FIRM is prepared with no 100-year flood elevations indicated. This represents the minimum study effort and is
only used where a community's flood areas are small and the potential for --future development of the flood areas is unlikely. Under such circumstances, a community's previously issued
Flood Hazard Boundary Map serves as the base map for the Flood Insurance Rate Map. Upon completion of the FIRM, the community is granted ninety days to review-a preliminary version of
the map(s) and study text. The community or any residentmay appeal to FEMAchallenging the accuracy accuracy of the proposed flood elevation determinations. All appeals must be based
on technically sound information showing that the loo-year flood elevations are incorrect. Following expiration of the appeal period, FEMAformally notifies the community that the FIRM
will become effective in six months. To continue as a participant in the Regular Phase, the communitymust adopt more stringent regulations than those imposed during the Emergency Phase.
These new regulations must be enforceable upon the "effective date" printed on the community's FIRM. -7 -During a community's participation inthe EmergencyPhase, a limited amount (BASIC
LIMITS) of insurance is available to property owners at a subsidized rate. When a community becomes eligible for the Regular Phase, additional amounts (ADDITIONAL LIMITS) of flood insurance
can be purchased. The premiums for the Regular Phase insurance reflect the actual risk of flooding or actuarial rates. Any structure which existed prior to the community's entry into
the Regular Phase qualifies for either the subsidized rate or the actuarial rate for the basic layer. of insurance, whichever is lower. (For rating purposes in the Regular Phase, separate
ratel;J have been established for the BASIC LIMITS and ADDITIONAL LIMITS). Communities participating' in the Regular Phase must adopt and enforce an ordinance which requires new structures
in flood hazard areas to have the lowest floor, includini the basement, elevated to or above the Base Flood Elevation. If a Regulatory Floodway has been identified, development in the
floodway must not increase the height of the Base Flood. SPECIAL or DIRECT CONVERSIONS With the Emergency Program of the NFIP scheduled to expire by September 30, 1991, FEMA has placed
a great deal of emphasis on identifying Texas communities that have little or no development pressure and little current flood risk that can.be converted to the Regular Phase without
a Flood Insurance Study. When a FHBMexists for the community, itmaybe revised to remain accurate, but it it also may just be renamed a FIRM. Flood hazards, people affected, existing
floodplain devel
opment, and future development potential are all evaluated in this conversion process. The community's floodplain ordinance must be updated to meet existing NFIP standards. BIENNIAL
REPORT Communities participating in the NFIP are requested to return a Biennial Report on floodplain activities to FEMA. Every two years, FEMA sends a form to the community floodplain
administrator that should be completed and returned within 30 days. It requests information concerning any changes to the community's flood hazard area, development activities that have
taken place in the floodplain, and verification of the number of floodplain residents and structures. Filling It Out: Any information that is not accurate should be corrected onthe form.
There are two sections on the Biennial Report. Questions in Section One ask about the changes and activities in the floodplain. Ifthere have been changes in the community's territorial
limits, be sure to mark "yes" to Question A and include a copy of the new map. Regarding man-made changes in Question C, the replacement of culverts, bridges, and physical changes which
affect the characteristics of flooding, construction of dikes or drainage projects are examples of significant manmade changes. Individual or localized projects such as resurfacing parking
lots, building small retention basins, or minor drainage improvements need not be mentioned. -8 -Question D provides the opportunity to indicate whether or not the community is in need
ofhelp in its floodplain management program. Check "yes" if in need of assistance. Section Two asks the number of permits granted in the community's flood hazard areas only in the last
two years. Communities need to report the number of variances (if any) granted to the floodplain ordinance. The last portion ofthe report asks for the best estimate of the population
and the number of 1-4 family structures and other structures (schools, churches, businesses, public buildings) located in the entire community. It then asks for estimates in the community's
flood hazard areas only. Changes should be made to correct figures that are no longer accurate.Finally, the report must be signed by the person completing the form and returned to FEMA
at the address provided. A copy for the community's files should be retained for future reference. The Biennial Report indicates to FEMA the degree of development pressure· on the flaodplain.
Variances issued in the floodplain are of particular interest to FEMA. COMMUNITY ASSISTANCE VISIT (CAV) FEMA conducts CAVs in Regular Phase communities to evaluate how they are doing
in their efforts to comply with the regulations ofthe NFIP. The primary
purpose of the CAVs is to help communities identify and solve floodplain management problems. A Community Assistance Visit is also the foundation of FEMA's Community Compliance Program
which outlines procedures for enforcement activities by FEMAunder the NFIP. ACAVis the most comprehensive form ofFEMAcommunity contact, with a floodplain tour and inspection of floodplain
development permit records. Biennial Report information is also verified at this time and the commu--9-nities overall floodplain management program is evaluated. Any shortcoming in procedures
or enforcement ofthe local ordinance is identified 8:I1d appropriate corrective actions are discussed. Whennon-compliance with the local ordinance or NFIPregulations is cited, FEMA expects
the community to identify and take actions necessary to remedy the infractions. Enforcement action against a community can be initiated by FEMA for continued non-compliance.
CHAPrER2 􀁉􀁾 I TEXASFLOODCONTROLAND INSURANCE ACT PURPOSE The Texas Flood Control and Insurance Act was passed by the State Legislature in 1969. In approving the Act, the Legislature
recognized the personal hard-__ ships and economic distress caused by flood disasters since it has become uneconomic for the private insurance industry alone to make flood insurance
available to those in need of such protection on reasonable terms and conditions. The purpose ofthis act is to evidence a positive interest by: • securing flood insurance coverage under
the National Flood Insurance Program (NFIP) for those citizens of Texas desiring to participate; • promoting the public interest by providing appropriate protection against the perils
of flood losses; and • encouraging sound land use by minimizing exposure of property to flood losses. A copy of the complete Act as it appears in the Texas Water Code is in Appendix
A. WATERCOMMISSION The Texas Water Commission is the state agency charged with the responsibility of cooperating with the Federal Emergency Management Agency (FEMA) in the planning and
carrying out of state participation in the NFIP; however, the responsibility for qualifying for the NFIP belongs to any interested political subdivision, whether presently in existence
or created in the future. The Commission's responsibilities as the NFIP State Coordinator include: • providing assistance to local political entities participating or wishing to participate
in the NFIP; • providing services to local, State, and federal political subdivisions as required by the Act; and • reviewing plans and reports for flood protection and floodplain management
prepared by federal, State, and local governments. -11 -
Working within the sphere of those responsibilities, the Commission: • assists political subdivisions to qualify for eligibility in the NFIP; • coordinates local, State, and federal
programs relating to floods, flood losses, and floodplain management; • evaluates present flood control programs and assesses the extent to which public and private floodplain management
activities have been instituted; • carries out studies with respect to the adequacy of present public and private measures, laws, regulations, and ordinances in flood-prone areas as
to land management and use, flood control, flood zoning, and flood damage prevention; • evaluates available engineering, hydrologic and geologic data relating to floods and their control;
and • carries out floodplain studies and mapping programs of floodplains, flood-prone areas, and flood-risk zones. Onthe basis ofsuch studies and evaluations, the Commission, to the
extent ofits capabilities, periodically identifies and publishes information and maps with respect to to all floodplain areas, including the State's coastal area, which have flood hazards,
and where possible aid the federal government in identifying and establishing flood-risk· zones in all such areas. STATE BOARD OF INSURANCE The State Board of Insurance aids, advises,
and cooperates with political subdivisions, the Commission, andFEMA when such aid, advice, and cooperation are requested or deemed advisable by the State Board of Insurance. POLITICAL
SUBDIVISIONS All political subdivisions which qualify for the NFIP are authorized to take all necessary and reasonable actions to comply with the requirements and criteria of the NFIP.
These actions include but are not limited to: • making appropriate land use adjustments to constrict the development of land which is exposed to flood damage and minimize damage causedbyflood
losses; • guiding the development of proposed future construction, where practicable, away from a location which is threatened by flood hazards; • assisting in minimizing damage caused
by floods; • authorizing and engaging in continuing studies offlood hazards in order to -12-
facilitate a constant reappraisal of • cooperating with FEMA's studies and the flood insurance program and it's investigations with respect to the effect on land use requirements; adequacy
of local measures in flood-• engaging in floodplain management prone areas as to land management and adopting enforcing permanent and use, flood control, flood zoning, land use and control
measures consis-and flood damage prevention; tent with the criteria established • taking steps to improve the long-range under the National Flood Insurance management and use of flood-prone
Act; areas; • declaring property, when such is the • purchasing, leasing, and receiving case, to be in violation of local laws, propertyfrom FEMAwhen such propregulations, or ordinances
which are erty is owned by the federal governintended to discourage or otherwise ment and lies within the boundaries restrict land development or occu-of the political subdivision pursuant
pancy in flood-prone areas and notify-to agreements with FEMA or other ing FEMA FEMA of such property; appropriate legal representative ofthe • consulting with, giving information United
States Government; to, and entering into agreements with • requesting aid pursuant to the entire FEMA for the purpose of: authorization from the Commission; • satisfying criteria adopted
and a. identifying and publishing infor-promulgated by the Commission purmation with respect to all flood suant to the NFIP; and areas, including coastal areas; • adopting permanent
land use and and control measures with enforcement b. establishing flood-risk zones in provisions which are consistent with all such areas and making es-the criteria for land management
and timates with respect to the rates use adopted by FEMA. of probable flood-caused loss for the various flood-risk zones for each of these areas; i The original flood iDSUrance::fllii,.
'FOR TODAYS FLOOD INSURANCE CONTACT YOUR LOCAL AGENT National Flood Insurance Program -13-Fodo," 1.....,_Admlnl...od... Doporlrnonl of CommunilY Affei,.
CHAPrER3 LOCAL FLOODPLAIN MANAGEMENT REGULATIONS AND NFIP STANDARDS LOCAL FLOODPLAIN MANAGEMENT ORDINANCES This chapter briefly outlines the most important aspects of preparing and enact---ing
local floodplain management ordinances. An ordinance is the legal means by which communities can set standards and procedures for regulating floodplain development. To comply with the
requirements of the National Flood Insurance Program (NFIP) and the ,Texas Flood Control and Insurance Act, a community must adopt an ordinance that: • includes all necessary federal
and state floodplain managementrequirements; • is legally enforceable; • applies uniformly to all floodplain areas; and, • takes precedence over any less restrictive conflicting local
ordinances or codes. THE LEGALITY OF REGULATING FLOODPLAIN DEVELOPMENT The courts have generally upheld challenges to local floodplain management ordinances as long as the degree ofregulation
can reasonably be related to the danger posed or to the public interest. Ifthere is a defInite danger, even strict regulations have been upheld. The court decisions on floodplain ordinances
support local regulations when it can be proven the ordinance: • complies with statutory procedures to adopt, administer, and enforce the regulations: • properly balances public interests
with private rights; • treats similarly situated landowners according to the standards; and • does not go beyond the powers granted in the enabling legislation. Therefore, it is important
to review carefully what is proposed and to follow closely the enacting procedures which apply. DEGREE OF REGULATION To participate in the NFIP, communities are required to adopt development
controls which, at a minimum, meet federal and state floodplain management requirements. However, a community -15-
The extent to which a community may want to regulate floodplain development beyond the Federal arid State minimum requirements is a local matter and will depend on a number offactors,
including the following: can do more. NFIP requirements are only minimum standards and communities are not limited in their power to adopt greater restrictions. Texas counties may only
impose NFIP development restrictions in an identified 100-year floodplain. ••• ••• the extent and severity of flooding; the amount ofland subject to flooding; the type, amount and location
of existing floodplain development; future growth and development patterns; the detail to which floodplains are mapped; and, the need to protect natural resources and environmental quality.
Prohibiting Certain Kinds of Development Some communities may want to prohibit certain types of development within the floodplain, especially those which present a significant hazard
to occupants or a threat·to persons living downstream. These includes schools, nursing homes, hospitals, jails, 􀁭􀁡􀁮􀁵􀁦􀁡􀁣􀁴􀁵􀁲􀁥􀁤􀁾􀁨􀁯􀁭􀁥parks, landfills, sewage treatlnent
plants, cemeteries, chemical plants and. warehouses, as well as other similar kinds of development that could cause widespread public health and safety problems in the.event of flood
damage. Emergency facilities such as fire stations, ambulance services, and emergency management offices which are critically needed in times offlooding could also be excluded from the
floodplain or any other area where they would be cut off in case of flood. Floodplain regulations should be part of an overall floodplain management program designed to guide and promote
the wise use offloodplain lands and resources (Figure 1). In this respect, floodplainregulations become one of several management techniques employed to attain the goals and objectives
of a broader effort to reduce or avoid future flood damages. Having a floodplain management plan or program. will help communities design regulations which meet local needs and conditions
rather than regulations which simply copy state and federal minimum requirements. Communities that decide to take stronger measures to control future flood-. plain development have several
options. Some of the more commonly applied regulatory approaches are described in the following subsections. Restricting Floodway Development Some communities may want to prohibit certain
types of development only within the floodway portion of the floodplain since this is the area which conveys the bulk of the floodwater downstream and is the area where water velocities
and forces are the greatest and most destructive. Communities having Flood Insurance Studies are likely to have floodway areas delineated on the Flood Boundary and Floodway Map and can
readily use the map description as a basis for further restricting development. Communities which do not have detailed studies can establish a simulated floodway by the use of 50-foot
set-back measured landward from the top of the channel to regulate encroachments along floodplains which do not have an identified floodway. -16 -
Conditions 1. Littlr or no devrlopmrnt of flood plain. 2. Mixrd agriculture and forrstry to rrsidential and commrrci.aJ uses. . 3. Scattrrrd increasing land valurs and taxes. 4. Subdivision
and land speculation common. S. Many on-sitr sewrr and water facilities. 6. Often limited existing zoning and subdivision controls. 7. Increasing recreation demands. Common Land Use
Management Goals 1. Preservr f100dway areas; prevent development in selected flood fringe areas with special values. 2. Preserve agricultural uses (in some areas). 3. Providr recreation.
wildlifr and scenic arras. 4.. Prevent subdivision of unsuitable lands. S. Prevent water pollution and nuisances. 6. Prevent extension of public facilities into flood prone areas (in
some circumstances). Common Land Use Management Goals 1. Combinr flood plain milnagrment tools to rrduce flood losses to existing uses and prevent losses to new uses. 2. Preserve floodway
areas; rrquire flood protection for new uses in flood fringe areas. 3. Provide park and other active recreation arras. 4. Redevelop blighted areas. S. Provide Irvees. fm. flood-proofing
and other protrction for existing uses. 6. Pr'rvent subdivision of unsuitablr lands. 7. Permi! (in some instances) residential. commercial and industrial uses. Conditions 1. Intensivr
existing developmrnt of flood plain. 2. Agriculture. forestry and other open spacr uses often uneconomic. 3. High land values and taxes. 4.. Levees and channel straightening. S. Sewer
and water. 6. Bridgr openings act as restraints upon flood flows. 7. Blighted floodplain areas. 8. Recreation and open space demands. 9. Land use demands for commercial. industrial. and residrntial uses. 10. Oftrn adopted zoning. subdivision controls. and building
codes without flood provisions. I II\ I I 1 I , /," I\ " I I I Roae Flooe PI.in Bauna.flel I 􀀯􀁾 /F.rm I Bulle,ng. \\ -.. \": 6:1_ . \ .. \ ./'-\ --􀁾 􀁾 \\ Urban Area /, " /I RuralandD?it-:::R-o.-e
::------........-Adapted from A Perspective on Flood Plain Regulations for Flood Plain Management, Department of the Army, Office of Engineers, Washington D.C., EP 1165·2·304, June I,
1976. Figure I.-Differing Floodplain Management Contexts -17 -
A community could decide to use a lesser or greater distance depending on the size and direction of flow of the stream and other features of the floodplain area. Maintaining the Flood
Flow Capacity of Streams Communities which do not have identified floodway areas may want to consider including ordinance provisions which would only allow future floodplain development
if it would not cause an increase in flood heights above a stated limit. The maximum allowable increase is usually one foot above the base flood elevation. This provision would be administered
on a case-by-case basis evaluating the effect of a proposed project and other anticipated floodplain development on flood flows. Communities which have Flood Hazard Boundary Maps (FHBM)
or which have detailed Flood Insurance Studies showing approximate flood-prone areas should seriously consider this option. Section 60.3(b) requirements of the NFIP are specifically
designed to protect structures -notthe carrying capacity ofstreams and adjacent floodplains. Excessive filling and developing of a floodplain without regard to effects on flood flows
can result in greater flood velocities and increased flood heights. Selecting a Regulatory Flood NFIP regulations require communities to use the lOO-year flood as the minimum standard
for regulating floodplain development. Under certain circumstances, communities have found it advantageous to regulate development using a flood of greater magnitude, such as any larger
flood of record. Some communities with detailed Flood Insurance Studies have adopted the 500-year flood as the regulatory flood. Still other communities have gone to the county soil
surveys to regulate development within floodplain soils. Again, the lOO-year flood is a minimum standard. Where it makes sense to do so, larger floods can and shouldbe used. Incorporating
a Freeboard Safety Factor The NFIP only requires protection to the level of the lOO-year flood, whereas many communities in Texas require 1,2, or 3 feet above the lOO-year flood elevation.This
added level ofprotection is called a freeboard safety factor. It represents a margin ofsafety against possible errors in estimating flood levels and possible increases in flood heights
caused by extensive watershed development or obstruction of floodplain areas. Property owners who protect their structures above the lOO-year flood elevation may be able to obtain reduced
insurance rates. SELECTING THE TYPE OF ORDINANCE Once the regulatory approach is selected, the next step before actually drafting an ordinance is to decide which type of ordinance is
best· suited for the community in order to regulate floodplain development. Floodplain requirements may be contained in a single ordinance or may be incorporated into zoning, subdivision,
and building permit ordinances. -18-
-19-A special purpose ordinance is a local law designed to address a particular problem affecting the general health, safety, and welfare ofthe community. Junkyard, weed, and nuisance
ordinances are examples of special purpose ordinances. There are certain advantages of special purpose ordinances which make them a commonly used means for regulating floodplain development.
Perhaps the greatest advantage is that a special purpose ordinance contains all the floodplain management provisions in one document. This makes it easier to understand and administer.
Some people think. dividing the provisions among the zoning, building codes, and subdivision and land development ordinances can complicate matters, especially for communities without
fulltime ordinance administrators. Since zoning is often a controversial issue at the local level, the enactment of a special purpose ordinance may avoid the problems and delays associated
with the adoption of zoning ordinances. The other option for regulating floodplain development is to include provisions in zoning, subdivision, and land development ordinances, and in
building codes. Communities that have these ordinances enacted or proposed for adoption may find that it is to their advantage to incorporate floodplain management provisions into these
regulations. Since the legal and administrative framework is already set up and functioning, it may be best to try to mold the floodplain regulations into the existing system rather
than trying to enact an entirely new and distinct ordinance. This may make it easier for a community wishing to regulate land use to enact zoning ordinances solely for floodplain management
purposes. PREPARING REGULATIONS The actual preparation of an ordinance can be done by the city or county attorney, a private consultant or a local or county planner. Other sources of
assistance are the Texas Water Commission, Dam and Floodplain Safety Section, and FEMA-Region VI, Natural and Technological Hazards Division. FEMA-Region VI has prepared model ordinances
that can be used to develop local floodplain management ordinances which will meet the minimum requirements of the NFIP and the Texas Flood Control and Insurance Act, however, they should
be reviewed carefully to see ifthey are adequate to meet local conditions. Communities may submit a draft of their proposed ordinance to FEMA-Region VI, NTH Division, before they are
enacted, to ensure that all minimum requirements have been properly addressed. NFIP ORDINANCE REQUIREMENTS The regulations ofthe National Flood Insurance Program specify certain restrictions
which local ordinances must include if the community is to qualify for participation. Generally, these requirements have to do with the circumstances under which buildings and other
development may be allowed in floodplain areas. There are NFIP regulations which apply to all participating communities whether they have no floodplain map at all, or a detailed floodplain
map with base
flood elevations. The extent to which a disposal systems be protected or sited community must impose development to prevent contamination or impairguidelines is directly tied to the
available ment. flood information that has been supplied by FIA in the form of floodplain maps and studies. Five distinctly different situations 6O.3(b) -exist regarding FIA provided
floodplain data. Consequently, floodplain manage-FIA has provided a Flood Hazard mentcriteria for flood-prone areas differ Boundary Map (FHBM) or Flood Insurand are contained in Section
60.3(a)-(e) of . ance Rate Map (FIRM) that identifies 􀁾 􀀮􀀮􀀬􀀮􀁾 the NFIPRegulations and are summarized special flood hazard areas (A Zones) but below. has not provided base flood
elevation data nor identified a floodway or coastal high hazard area. The Community shall: 60.3(a) -1. Require permits for all development FIA has not provided any floodplain in flood
hazard areas on the FHBMor data. The Community may apply and FIRM; participate in the NFIP if it agrees to: 2. Require development in flood hazard 1. Require permits for all proposed
con-area to meet standards of 60.3(a)(2)-struction or development so they may (6); determine flood risk; 3. Require floodplain elevation data for 2. Review proposed development to en-subdivisions
over 50 lots or 5 acres be sure other required permits have been included on the proposal; obtained; 4. Obtain, review and reasonably utilize 3. Review permit applications to deter-any
base flood data available from a mine whether proposed building sites Federal, State, or other source, to rewill be reasonably safe from flooding; quire development to meet the elevation
or floodproofing requirements; 4. Review subdivision proposals and other proposed new development to 5. When base flood elevation data is determine if such proposals will be utilized,
document elevation or floodreasonably safe from flooding; proofing of structures in the flood hazard area; 5. Require new and replacement water supply systems located within flood-6.
Notify, in riverine situations, adjaprone areas to be designed to mini-cent communities and, the Texas mize or eliminate infiltration of flood Water Commission ofany watercourse waters
into the systems; and alteration; 6. Require new and replacement sani-7. Assure carrying capacity of any altary sewage systems and on-site waste tered watercourse is maintained; and
-20-
-21-
13. Under certain conditions, a Community may approve development in zones AI-3D, AE, or AH, that would increase the water surface elevation more that one foot. The conditions are established
in Section 65.12 ofthe NFIP Regulations. 14. Require that recreational vehicles placed· on sites within zones AI-3D, AE or AH, either: (i) be on site fewer than 180 consecutive days,
(ii) be fully licensed and road ready, or (iii) meet the requirements of 60.3(b)(1) and 60.3(c)(6). 60.3(d) -FIA has provided fmal base flood elevations within zones AI-3D an<Vor AE
on the FIRM, and has provided information to designate a regulatory floodway, but has not identified a coastal high hazard area. The Community shall: 1. Meetthe requirements of (c)(1)-(c)(14)
of Section 60.3; 2. Select and adopt a regulatory floodwaythat will carry the base flood with no more than a one foot increase in the water surface elevation; 3. Prohibit encroachments
within the adopted regulatory floodway unless it is demonstrated through hydrologic and hydraulic analyses that the proposed encroachment would not result in any increase in flood levels
within the community during a base flood discharge; and 4. An encroachment may be permitted which would increase the flood level more than one foot ifthe provisions of Section 65.12
are satisfied. 6O.3(e) -FIA has provided fmal base flood elevations within zone AI-3D an<Vor AE, has identified zones 􀁁􀁈􀁾 AO, and A99 if appropriate, and has identified coastal high
hazard areas by designating zones VI-3D, VE, an<Vor V. The Community shall: 1. Meet the requirements of (c)(l)-(c)(14) and (d)(1)-(d)(4) as appropriate; 2. Within zones VI-3D, VE, and
V, obtain and maintain the elevation ofthe bottom of the lowest structural member of the lowest floor of new and substantially improved structures; 3. Require new construction in zones
VI-3D, VE, or V, to be located landward of mean high tide; 4. Require new construction and substantial improvements in zones VI30, VE, or V, to be elevated such that the bottom of the
lowest structural . member of the lowest floor is at or above the base flood elevation and the pile or column foundation and the structure attached thereto is anchored against required
wind and water loads. Engineering certification of design and construction methods is required. 5. Require the space below the lowest elevated floor be either free of obstruction or
constructed with non--22-
supporting breakaway walls or wood lattice-work or insect screening, designed to collapse under wind and water loads without causing damage to structural support; 6. Prohibit the use
of fill for structural support of buildings within zones VI30, VE, or V; 7. Prohibitman-made alteration ofsand dunes and mangrove stands. within zones Vl-30, VE, or V, which would increase
potential flood damage; 8. Require newly placed or substantially improved manufactured homes in zones Vl-30, VE, orV (except those in an existing manufactured home park or subdivisionthat
have not previously incurred substantial damage due to flood), to meet the requirements of Section 60.3(e)(2)-(e)(7). Manufactured homes on sites in an existing manufactured home park
or subdivision that have not incurred substantial damage from flood may meet the requirements of Section 60.3(c)(12) instead; 9. Require recreational vehicles placed on sites in zones
Vl-30, VE, or V, either: (i) be on site less that 180 consecutive days; (ii) be fully licensed licensed and ready for highway use; or (iii) meet the requirements in 60.3(b)(1) and (e)(2)-(e)(7).
CONCLUSION Local ordinances regulating development are one of the most important aspects of an effective floodplain management program. If they are properly written and administered,
they can accomplish the objectives of making flood insurance available through the National Flood Insurance Program and helping to reduce future losses to the community and to others
downstream. Standards for floodplain development are included below. FLOODPLAIN DEVELOPMENT STANDARDS To reduce flood damage, the National Flood Insurance Program has established standards
for new or substantially improved construction projects and other developments in special flood hazard areas. The standards are divided into two major categories: general and specific.
The general standards apply to all communities participating in the National Flood Insurance Program. The specific standards apply only to those areas where base flood elevations have
been established. GENERAL STANDARDS The National Flood Insurance Program requires that new or substantially improved construction or development in flood hazard areas meet the standards
discussed below. Anchoring All new construction and substantial improvements must be properly anchored to prevent flotation, collapse, or lateral movement of the structure. -23-
VER-THE-TOP TIEDOWN <......x:::F===""'I::(-'yFRAME TIE < 􀁾 50 FT 50 FT IFRAME TIES PER SIDE 6 7 IOVER-THE-TOP TIES 3 4 PER SIDE Figure 2.-Manufactured Home Anchoring Significant flood
damage results from buildings being moved off their foundations. If a structure is elevated on fill to or above the base flood level, the anchoring requirement is satisfied. The current
standards require all manufactured homes to be elevated and anchored to resist flotati.on, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use
of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. Because they can be easily
moved by floodwaters, NFIP regulations prior to 1986 included specific tiedown regulations and performance standards. Due to conflicts with manufacturing standards and state and local
regulations, a more general standard has been substituted to permit alternative anchoring techniques that are effective in resisting flood loads. Some anchoring methods are illustrated
in Figure 2. Construction Materials and Methods New buildings in flood hazard areas must be constructed with materials and by methods to resist or minimize flood damage. The best and
most common method is elevation ofbuildings above the base flood level. Other building methods -24-
will help minimize damage when parts of a structure may be exposed to flooding. • The structure should offer the least obstruction to floodflows, as when it is aligned parallel to the
streamflow. • Water-resistant building materials should be used. This could include water-resistant lumber, floor coverings, adhesives, and paints; masonry construction and finishes;
and waterproof mechanical and electrical fittings. Water-absorbent materials such as gypsum board paneling should be avoided below flood levels. • Structural walls of abuilding should
be designed to withstand the lateral forces of floodwaters and the vertical or uplift forces from floodwaters and rising ground water levels. • Footings and foundations should be at
sufficient depth and on bearing soil to provide necessary lateral resistance to water pressure and should be able to resist vertical pressures. • Utilities should be above flood levels
or should be floodproofed and secured to prevent displacement due to water pressure. Control panels located above flood levels allow access during flooding. Controls for lower floors
and basements may be installed separately to allow independent disconnection during flooding. • Heating, air conditioning, and ventilating equipment is best protected when located on
upper floors or the roof. • Floor drains and other plumbing below the base flood level should be fitted with valves to prevent backflow ofwater that would damage the interior of the
building. Utilities New and replacement water supply systems, sanitary sewer systems, and onsite waste disposal systems must be designed to minimize or eliminate infiltration of floodwaters.
Sewage systems must also be designed to avoid causing contamination during flooding. • Manhole covers should be above the base flood elevation or designed to minimize flood damage. •
Waste disposal facilities, including pumping stations, lagoons, and treatment plants, must be floodproofed. Dikes with adequate armor on the stream side may be necessary to protect waste
treatment facilities located below the base flood elevation. • On-site waste disposal and treatment systems such as septic tanks should be situated and constructed to avoid impairment
due to flooding. This may be difficult, because on-site facilities may be substantially below the first floor level. Generally, inlets to or outlets from the septic tank. should be equipped
with check valves to prevent floodwaters from returning through the pipes. Amound system of waste disposal may have to be used to provide adequate subsurface drainage during flooding.
Subdivision Proposals New subdivisions must protect utilities and ensure adequate drainage. • Public utilities and facilities such as electrical, gas, water, and sewer sys--25-
tems should be located and constructed to minimize damage from floods. • Electrical facilities should be above the base flood elevation. • Gas, water, and sewer systems should be designed
to withstand leakage or rupture during flooding. • Building sites and streets should be designed to provide adequate drainage. Base flood elevation data are required for subdivisions
and proposed developments that contain 50 lots or 5 acres or more. If FEMA has not established base flood elevations for the proposed site, the community may generate the base flood
elevation data or require the applicant to provide the data. SPECIFIC STANDARDS Specific standards are in addition to the general standards and are applicable where the base flood elevation
has been established. Communities may wish to strengthen the elevation standards by requiring freeboard requirements above the base flood elevation. For example, a communitymayrequire
the lowest floor to be one foot above the base flood elevation. Freeboard can be used as a margin of safety to compensate for unknown factors that may contribute to increased flood heights
or in recognition of the one-foot riseper.rrrlttedindetennllrlngthefloodway boundary. The National Flood Insurance Program recognizes the benefits of in-. creased lowest floor elevation
by a reduced rate. This additional consideration is especially important when floodproofing a nonresidential structure. For example, the insurance rate is determined by subtracting one
foot from the floodproofed elevation; a structure floodproofed to +2 feet above the base flood elevation would be rated as a strUcture with lowest floor at +1 foot. Specific standards
are discussed below. Residential Structures New construction and substantial improvement of any residential structure is required to have the lowest floor, including basement, elevated
to or above base flood elevation. Nonresidential Structures New construction and substantial improvement of any commercial, industrial, or other nonresidential structure must have the
lowest floor, including basement, elevated or floodproofed to or above the base flood elevation. Where floodproofing is used, a registered engineer or architect must certify that the
methods used are in accordance with accepted standards. Manufactured Homes The specific elevation standards for manufactured home installations were revised in 1989. The previous rule
that manufactured homes be .elevated through use of fill or a specified piling foundation was unnecessarily· restrictive. The present regulation requires that new manufactured home installations
have the lowest floor elevated to or above the base flood elevation, but does not specify the ·technique to be used. Communities with "existing manufactured home parks or sub--26-
1-4---------100-YEAR FLOOD PLAIN 􀀭􀀭􀀭􀀭􀀧􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁉􀁉􀁲􀁾 D ONE FOOT ENCROACHMENli I.....I..----FLOODWAY----..I; ... FLOOD ... ....--FLOOD FRINGE • STREAM 􀁾 FRINGE'
CHANNEL' FLOOD ELEVATION WHEN CONFINED WITHIN FLOOD Ic Figure 3.-100-Year Flood Plain 􀀺􀁾􀀺􀁾􀀺􀀮 AREA OF FLOOD PLAIN THAT COULD :::::::::::::::. .. .....􀀺􀀮􀀺􀀺􀀺􀀺􀀺􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀀺􀀺
􀀮􀀺􀀺􀁾􀀺􀁪􀀺􀁪􀀺􀁪􀀺􀁪􀀺􀁾􀀺􀁾􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀀺 􀁾􀀺􀁾􀀺􀁾 BE USED FOR DEVEL0
PMENT BY RAISING􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀀺􀁾􀀺􀁾􀁾􀁾􀀺􀁾􀀺􀁪􀀺􀀺􀀺􀀺􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀀺 􀀧􀀺􀀺􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾
􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀀺􀁾􀀺􀀻􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺􀁾􀀺 ••••• • .!•••••••••••••••••••••••••••••••••••••••••••••􀁾•.•.•••.•.•_ . :..:':::
G􀁾􀁾R􀀢􀀧 O􀁾􀀭UND 􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀁾 BASE FLOOD ELEVATION BEFORE ENCROACH-: ....•.•.•...•􀁾 􀁾􀀮􀁾.•.••.•.•.•••••.•.•••.•.••••••.•.•.•.•.......•.•.•.•.•.....•.•.•.•.•...•.•.•.•.•.•.......•.•.•.•-
............ -. 􀀺􀀮􀀺􀀺􀀺􀀺􀀻􀀺􀀺􀀺􀀺􀁾􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺�
�􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺 MENT ON FLOOD PLAIN : 􀁴􀀺􀀮􀀺􀁾􀀺􀀮􀀺.:•.' " 􀁾•.,',􀀧􀀮􀁾􀀮􀁾􀀮􀁾􀀮􀁾􀀮􀁾􀀮􀁾􀀮􀁾􀀮􀁾
􀀮􀁾􀀮􀁾􀀮􀁾􀀮􀁾􀀮􀁾􀀮􀁾􀀮􀁾􀀮􀁾􀀮􀁾􀀮􀁾􀀮􀀺􀀮􀀺􀀮 􀁾􀀮􀀺􀀮􀀺􀀮􀁾􀀮􀀺􀀮􀀺􀀮 􀁾􀀮􀀺􀀮􀁾􀀮􀀺 􀀮􀁾􀀮􀁾􀀮􀁾􀀮􀁾􀀮􀀺 􀁾 " 􀁾 􀁾􀀮􀀭,"."e".-" .'OO "oo·.. .. • • • ,. .. • • .. • -, oo.•_OO_"
..".. " _••􀁾 __ LINE AB IS THE FLOOD ELEVATION BEFORE ENCROACHMENT LINE CD IS THE FLOOD ELEVATION AFTER ENCROACHMENT divisions" (as defined in NFIP Regulations, Section 59.1) have an
additional option. On sites in existing manufactured home park or subdivision that have not previously suffered substantial damage from a flood, the elevation requirement is lowest floor
at or above base flood elevation or the chassis 36 inches above grade. tively increasing the water surface (Figure 3). The program limits such increases to one foot, provided that hazardous
velocities are not produced. IfFEMA has provided a Flood Boundary and Floodway Map, the community must: Floodways Regulating development in the floodway is important because of the possible
depth and velocity of floodwaters and their potential to carry debris and cause erosion. The National Flood Insurance Program defmes the floodway as the channel of a stream plus adjacent
floodplain areas that must be reserved to discharge the base flood without cumula-• Prohibit encroachments, including fill, new construction, substantial improvements, and other development,
unless a technical evaluation demonstrates that encroachments will not result in any increase in flood levels during a base flood discharge. Communities may wish to adopt higher standards.
Forexample, they might prohibit replacement of a demolished structure because absence of the struc--27-
ture could reduce flood hazard for other structures in the floodplain. In areas where the base flood elevation has been determined but without a designated floodway, local administrators
must, on a case-by-case basis, require developers in the floodplain to determine by hydraulic analysis whether their project (when combined with existing and future developments) will
cause more than a one-foot increase in the base flood elevation. Floodway boundaries are generally determined by applying the "equal degree ofencroachment rule", which requires that
the quantity of floodwaters conveyed on both sides of the watercourse be reduced by an equal percentage when developing the encroached floodway boundary. In practice, the rule is not
always followed because property owners are often not similarly situated. Many factors, including topography, existing development patterns, and comprehensive land use plans, may justify
modifications to the rule. 􀁈􀁯􀁷􀁥􀁶􀁥􀁲􀁾 deviations must be carefully considered, since floodways based on this rule most easily satisfy the legal requirement to treat similarly situated
people in a similar manner. Some set-back criteria may be an acceptable option. Coastal High Hazard Areas Areas adjacent to the ocean may be subject to higher than norinal tides because
ofbarometric pressure differentials, storm surges, and wind-driven waves; erosion that undermines building foundations; and battering by storm-driven debris. These areas, designated
V-Zones on the Flood Insurance Rate Map, are defined as those portions of the coastal base floodplain that would be inundated by tidal surges with velocity wave action. Generally, a
V-Zone indicates the inland extent of a 3-foot breaking wave, where the wave runup during the base flood decreases to less than 3 feet (Figure 4). V ZONE WAVE RUNUP DEPTH GREATER THAN
3 FEET 􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁲􀁲􀀭􀀭􀀴􀀭􀁾􀁟􀀮􀁉 100-YEAR WAVE PROFILE 100-YEAR STILLWATER NJZONE SHALLOW FLOODING A ZONE 100-YEAR STl.LLWATER MEAN SEA LEVEL ""'1SHORELINE • SAND DUNE MEAN
SEA LEVEL 􀀢􀀢􀀢􀀧􀁾􀁴􀁴􀁾􀁜􀀺􀁾􀀺􀁾􀀺􀁾􀁾􀁾􀁴􀁾􀁾􀀺 I.. BAY,LAGOON OR HARBOR Figure 4.-Typical Transect Schematic -28-
-29-8 SPLIT LEVEL WITH BASEMENT SPLIT LEVEL NO BASEMENT must be elevated on adequately anchored pilings or columns so that the bottom ofthe lowest horizontal structural member of the
lowest floor is elevated to or above the base flood elevation (Figure 5). In addition, the structure must be anchored to resist flotation, collapse, and lateral movement. A registered
professional engineer or architect must certify that the design and methods of construc-Figure 5....Determining Lowest Floor Level UTILITIES SUCH AS ELECTRICIAL AND HEATING FACILITIES
MUST BE AT OR ABOVE BFE. • New construction must be landward of mean high tide. • New construction and substantial improvements to existing structures Because ofthe special hazards inlocating
in a V-Zone, the National Flood Insurance Program requires additional floodplain management measures.· Communities with identified V-Zone areas must adopt regulations that provide for
the following:
-30-tion are·in accordance with accepted standards. The space below the lowest floor must be free of obstruction or constructed with breakaway walls that will collapse under abnormally
high tides or ·winddriven water without jeopardizing the main structure. • Use of landfill for structural support must be prohibited. • Human alteration ofsand dunes must be prohibited
if it would increase potential flood damage. Additional consideration should be given to setbacks for new construction. To avoid exposure to wind, waves, and debris during severe storms,
dwellings should be placed inland of the primary dunes.or beach ridge. Construction atop or in front of dunes has historically shown structural damage from storms. Dunes provide a natural
shoreline defense against storm wave and water level attack and are often considered a nonstructural coastal protection method. Substantial Improvements Substantial improvement is defined
as any repair, reconstruction, or improvement of a structure if the cost equals or exceeds halfthe market value ofthe structure before the improvement or repair is started (or, if the
structure has been damaged and is being restored, before the damage occurred). Substantial improvement to structures can be an addition, a renovation, or both. For this definition, substantial
improvement is considered to occurwhenthe first alteration ofany wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the
external dimensions of the structure. Substantial improvement does not include improvement to comply with state or local health, sanitary, or safety code specifications solely necessary
to ensure safe living conditions or alteration of a structure listed on the National Register of Historic Places or State Inventory of Historic Places. ADDITIONSWhen an addition is a substantial improvement, the administrator will probably interpret the regulation to apply only to the addition, and not to the entire structure. For example, a
person adding rooms to to a home would be required to elevate the floors of those rooms to or above the base flood level, but the entire structure would not have to be elevated. The
disadvantage ofusing this interpretation relates to flood insurance premium rates. When a structure is substantially improved, the structure is considered a new "post-FIRM" structure,
and actuarial rates would apply based upon the lowest floor elevation or the lowest flood-proofed elevation of the entire structure. RENOVATIONS When a substantial improvement is a renovation,
the regulations apply to the entire structure. For eXaJnple, if the work includes rewiring, new plumbing, siding, painting, or similar activities but does not include a change in exterior
dimensions, the structure itselfmust be elevated so the lowest floor is at or above the base flood level.
PHASED IMPROVEMENTS Aloophole in the substantial improvement regulation is typified by the person who this month requests a permit for an improvement that costs less than half of market
value, and next month (or next year) requests a permit to do additional work. While each individual permit represents less than a substantial improvement, the cumulative improvements
over time certainly are substantial. FEMA has no rule as to how these situations should be handled, so interpretation remains with the local administrator. A conservative and consistent
approach is recommended. Each permit applicant should be made fully aware of the "substantial improvement" regulations at the time the fIrst permit is requested. The administrator should
record the number of permits granted per structure and the cumulative cost. When the total equals or exceeds half the market value of the structure when the fIrst improvement began,
no more permits should be issued unless the entire structure is brought into compliance with the NFIP regulations. -31 -
-33-CHAPrER4 FLOODPLAIN ORDINANCE ADMINISTRATION The community may issue a permit only if the proposed development meets the standards of the NFIP outlined in the previous chapter. In
other words, no construction or development may take place in an identified flood hazard area without a permit from the community. It is important to note that the concept of "development"
goes beyond the traditional ."building" permit. Whereas the building permit is concerned with buildings, the development permit includes buildings and alterations to landscape (such
as excavation or use of fill) that.would affect drainage patterns or the flood carrying capacity ofthe watercourse. The regulations of the NFIP, in section 60.3(b)(1), state that the
community shall, "Require permits for all proposed construction and other developments including the placement of manufactured homes" within special flood hazard areas. This chapter
answers these questions. It describes the development permit system that communities must implement in in order to regulate development; and it discusses variances, enforcement, record
keeping, and the local administrator. WHAT IT IS DEVELOPMENT PERMIT SYSTEM So far, this guidebook has provided information on the National Flood Insurance Program and the 1969 Texas
Flood COQ,trol & Insurance Act. It has explained the Emergency and Regular Phases ofthe NFIP, described the floodplain information provided by FIA, and it has detailed -the regulatory
standards communities must meet to maintain participation in the program. But how does the flood insurance program actually work? What steps must a community take to ensure development
inthe floodplain is regulated?
-34-WHEN A PERMIT IS REQUIRED Apermit is required when building or enlarging a structure; placing a manufactured home; or mining, dredging, filling, grading, paving, excavatmg, or drilling
within flood hazard areas. In other words-any structural or nonstructural activity that may affect flooding or flood damage must have a permit. Specifically, all structural (buildings,
manufactured homes, storage facilities, dams, dikes, etc.) projects need a permit. There is some latitude for nonstructural activities depending on their type, magnitude and location.
For example, a clearing or grading project that removes vegetation or pushes soil into the river may alter normal channel flow or increase flood heights -thus requiring a permit. On
the other hand, a small picket fence is unlikely to affect flooding and wouldn't require a permit. Whatever the case, communities must rememberthat any developmentthat could possibly
increase or alter the flood hazard requires a permit. THE PERMIT APPLICATION Anyone wishing to develop in the floodplain must obtain a permit application form from the local administrator,
fill it out, and submit it for approval before . beginning any development activities. A sample development permit application is in Appendix E.. Communities may, however, adapt their
existing permit systems to meet the NFIP requirements. Regardless of the form used, where applicable, the following information must be supplied on a permit application for floodplain
development. • A complete description of the proposed activity. Enough information must be included so that the local administrator can determine whether or not the proposed. activity
will be safe from flooding and whether or not it will increase flood hazards elsewhere. At a minimumthere shouldbe plans drawn to scale showing the nature, location, dimensions, and
elevations of the area in question; existing or proposed structures, fill, storage ofmaterials drainage facilities; or any other landscape alterations. • The National Geodetic Vertical
Datum of 1979 ((NGVD) elevation of the lowest floor (including the basement) of all proposed structures. • The NGVD elevation to which any proposed nonresidential structures will be
floodproofed. • Certification by a registered professional engineer or architect that any floodproofmgmethod to be used meets the NFIP floodproofmg criteria. • Base flood .elevation
data for subdivision plats, where it has been determined. • Adescription of the extent to which a watercourse (stream, river, drainage ditch) will be altered or relocated. REVIEWING
THE PERMIT APPLICATION Reviewing the permit application is the most important.responsibility of the local administrator. A permit review checklist is found in Appendix F. Local administrators
may use the checklist to
-35-help them determine if the proposed project meets the criteria ofthe floodplain ordinance. Several factors must be taken into consideration when 􀁲􀁥􀁶􀁩􀁥􀁷􀁩􀁮􀁾permit applications
that apply to all situations, no matter what the proposed project. In addition, depending on the type oflocation of a project, special considerations must be included in the review procedure.
The items a local administrator must consider for all cases (numbered 1 through 5) and for particular instances (listed under the special considerations) are outlined below: Locate the
Development The initial item the local administra---tor must determine is whether or not the proposed development is in the special flood hazard area. If this is not obvious, the administrator
should obtain the distance in the field between the proposed development site and one or more identifiable points (centerline of a street, a bridge, the river channel, etc.), then using
the map scale, convert the distance from the identifiable point on the map to where the site is located to determine ifit is in the special flood hazard area. For example, in (Figure
6), ifthe local administrator knows that the proposed structure is 200 feet north of where the railroad intersects Lake Avenue and 25 feet east of2nd street, he can then see that it
will be located in the Special Flood Hazard area and must meet the requirements of the Floodplain Ordinance. Determine if the Application is Complete The local administrator cannot properly
review an application if it is not com-----PROPOSED STRUCTURE plete. Consequently, make sure the application has a thorough description of the proposed development including the elevation
of any structures, certification of any floodproofmgmethods, and base flood elevation data for a subdivision of 5 acres or 50 lots or more. If you don't have enough data to determine
whether or not the development will be safe from flooding, ask the applicant for more information. Additional Permits The local administrator must require that any additional state,
local or federal permits for the proposed project are acquired, ifapplicable. Besides the floodplain development permit, these permits may include Corps of Engineers. A Section 404 permit
is needed to discharge dredged or fill materials into rivers and adjacent wetlands, and a Section 10 permitfor any project that may affect the course, or location of the navigable capacity
of a water body.
In communities that are not participating in the NFIP, the Texas Water Commission issues plan approval for levees and other such improvements along streams that are subject to flooding.
TWC also issues permits for impoundment dams which are constructed across the watercourses of the state, for wastewater, hazardous and industrial solid waste sites, and all facilities
affectingwater quality in all communities. The Texas Department of Health permits all public water supply development systems and municipal sanitary landfills. Determine the Base Flood
Elevation (BFE) In order to review a permit application the local administrator must know what the flood hazard (or base flood elevation) is at the development site. Ifthe local administrator
has a Flood :Insurance Rate Map and the Flood Insurance Study, BFE data for the development site is readily available. Ifthe FIA has not supplied the community with detailed technical
data on the flood hazard, NFIP regulations state that the local administrator must use the best available information to review permits. But where is this information available? There
can be several sources: Reports from other federal or state agencies such as Flood Hazard Analyses from the Soil Conservation Service, Floodplain information or other reports from the
Corps ofEngineers, or studies done by the Texas Water Commission. The U.S. Geological Servicemayhave data available as well. If there is no technical data available, the local administrator
must use his judgement and be guided by the FHBM and by historical flood accounts described by newspaper articles and photos, or by high water marks onbuildings, telephone poles, bridges,
or other structures. Once the local administrator has the flood hazard data available, by reviewing the description of the proposed project in relation to the flood hazard, he can then
determine whether or not it will be safe from flooding. For example, if the FIRM shows a BFE of 930 FT NGVD and the permit application indicates the proposed structure will have its
lowest floor built to an elevation of927FT NGVD, then it will be subject to three (3) feet of water during the base flood. The local administrator must not grant a permit for this structure
unless the applicant agrees to elevate it to or above the base flood elevation. Or, suppose a proposed project with a basement is in a special flood hazard area on the Flood Hazard Boundary
Map and, from the historical newspaper accounts, "the local administrator knows that area of town suffers from street and basement flooding during rainstorms. In such a case, the administrator
may issue a permit only if the structure is built without a basement. Other Considerations The local administrator must make sure the proposed activity meets the standards of the NFIP
listed in the previous chapter. The standards address: anchoring requirements, construction materials and methods, utilities, subdivisions, encroachments, elevation ofthe lowest floor,
and floodways. In reviewing an applica--36-.'
-37-tion, the key to remember is that the proposed activity itself must be safe from flooding and it must not increase the flood hazard to other areas. SPECIAL CONSIDERATIONS ON PERMIT
REVIEW FLOODWAYS If a communityhas a regulatory floodway delineated on a Flood Boundary/Floodway Map and the local administrator determines that the proposed devel---opment is located
in the floodway, then a permitmay not be issued unless the applicant can demonstrate that his development will not increase flood heights at all. Usually such development is limited
to open space uses for recreation or agriculture. Structures existing in a floodway prior to the floodway identification are "grandfathered" in, and are not subject to NFIP requirements.
Any substantial 􀁩􀁭􀁾 provements (50% of the market value or more) to such structures, however, must be in compliance with the floodplain ordinance. ALLOWABLE FLOODWAY USES The only
developments which may be permitted in the floodway are those which will not cause any increase in the BFE. Typically, these include: 1. Agriculture uses not involving structures. 2.
Uses incidental to industrial or commercial structures such as loading areas, parking areas, and airport landing strips. 3. Private & public recreational uses, such as golf courses,
driving ranges, picnic grounds, boat launchingramps, swimming areas, wildlife & nature preserves, fish hatcheries, target ranges, hunting&fishing areas, hiking& horseback riding trails.
4. Uses incidental to residential structures such as lawns, gardens, parking areas & play areas. 5. Development that an engineering analysis has determined will not increase flood heights
at all. WATERCOURSE ALTERATIONS Whenever a local administrator reviews a development permit that includes a watercourse alteration (for example, realignment or diversion of a stream,
ditch or river), (Figure 7) he must be satisfied that theflow carrying capacity ofthe watercourse will not be diminished. In order to do this, the permit applicant must supply a thorough
description (a set of plans and calculations) of the proposed alteration and its effect on flows. Ifthe administrator does not have the technical background to review such descriptions,
he must rely on ol,ltside, professional assistance. Basic items the administrator should look for, however, may include:
• Determination that the hydraulic capacity ofthe watercourse will be the same or greater after the alteration. • Maintenance of the flow carrying capacity of the watercourse. For example,
if a new road is crossing a stream or coulee, culverts, under the road must not place an undue constriction onthe channel, causing flood waters to back up. • Maintenance of channel stability.
Several factors relating to channel stability can influence or change a watercourse. For example, the alignment and grade of a channel or the channel coverage (concrete, clay vegetation,
etc.) can affect the flow velocity. Steeper slopes and smooth surfaces may increase velocity, which in turnmay cause erosion at the channel outlet ormayresult in increased flood peaks.
New curves in a channel may result in debris settling and, in time, . reduce the channel capacity. Generally, an applicant sh9uld provide the administrator with a topographic map ofthe
area in question, a comparison of the existing and proposed channel capacity, a description of the proposed alteration, land use of adjacent properties, description of any obstructions,
and photos of the area. NFIP regulations require the local administrator to notify adjacent communities of any proposed watercourse alterations. It would also be advisable to notify
the Texas Water Commission of proposed alterations. Neighboring local governments all have an interest in water resources and they must have the opportunity to review and comment on
activities that may affect them. Figure 7.--Watercourse Alteration Through a Roadbed -38-
Another acceptable method of floodproofing nonresidential structures under the NFIP is called human intervention. This involves the use of door and window shields as temporary protection
from the Base Flood. This method should be used only where adequate flood warning time or devices are present. Extreme caution must be used in designing this floodproofing measure. 􀁇􀁥􀁮􀁥􀁲􀁡􀁬􀁬􀁹
􀁾door and window Dry floodproofmg consists of the actual design of a structure to provide protection from the Base Flood. The structure must be designed to prevent seepage, collapse
or cracking of basement walls, buckling of basement floors and back-up water from sewer lines. Walls must be capable of withstanding hydrostatic pressure and all openings must be located
one foot above the base blood elevation. Water proof seals and paints should be used on exterior surfaces exposedto the base flood. 1. PERMANENT CLOSURE O_F 􀁾􀁾􀀻􀀻􀀻􀁯􀀭 OPENING 2.
THOROSEAL COATING TO REDUCE SEEPAGE 3. VALVE ON SEWER LINE 4. UTILITIES RAISED ABOVE BASE FLOOD LEVEL 5. UNDERGROUND STORAGE TANK PROPERLY ANCHORED 6. CRACKS SEALED WITH HYDRAULIC CEMENT
7. ELEVATED LOADING DOCK 8. STEEL BUNKHEADS DOORWAYS 􀁆􀁏􀁒􀁾􀁾􀁊􀁟􀁉􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁊􀁉􀁾􀀡􀀺 9. SUMP PUMP AND DRAIN EJECT SEEPAGE If the watercourse alteration is significant and changes
the watercourse sufficiently (the basis for the Flood Insurance Study), FEMAwants to be notified ofthese physical changes. NONRESIDENTIAL STRUCTURES NFIP regulations allow for nonresidential
buildings (commercial structures, warehouse, etc.) to be floodproofed rather than elevated to provide protection from the Base Flood. Floodpoofing consists of designing a structure in
such a way that all parts ofthe structure located below the Base Flood elevation are water-tight and --resistant to flood damage. One method of floodproofing is known as dry flood-proofing.
This method is described below and illustrated in (Figure 8). Figure 8.-Floodproofed Commercial Structure -39-
shields are not effective for flood depths in excess of three (3) feet, and may cause more damage to older structures than they prevent. Certification Requirements: Any time a nonresidential
structure is to be floodproofed, the design of the structure must be certified by a registered professional engineer or architect that it will, indeed, provide protection from the Base
Flood. This certification should be submitted with the permit application. RESIDENTIAL STRUCTURES NFIP regulations do not normally accept floodproofing of residential structures. They
must be elevated to or above the base flood elevation on fill, foundation or on piers or columns. These methods are illustrated in (Figure 9). In areas where basements are commonplace,
this particular standard ofthe NFIPis unpopular and can be difficult to enforce.One alternative a community may pursue is to receive an "exception" to this standard from the Federal
Insurance Administration. Such exceptions are granted, however, only if the standard may "cause cause severe hardship and gross inequity for a particular community." Consequently, a
community interested in receiving an exception to the rules must supply sufficient environmental, economic, hydrologic and other technical data to the FIA to warrant the exception. Certification
Requirements: NFIP regulations require a communityto obtain ELEVATED ON FOUNDATION 􀀮􀁊􀀮􀁾􀁡􀁬􀁬􀁩􀁬􀁬􀁬􀁡􀀢􀁩􀁾􀁾􀁾􀁾􀁾􀁾 B 8 ELEVATED ON POSTS OR COLUMNS Figure 9.-Elevated Residential
Structures -40-
and maintain a record of the elevation of the lowest floor of all new or substantially improved structures in the flood hazard area. To comply with this regulation, communities must
require the owner or developer of such structures to provide an "Elevation Certification" once the structure is completed. SUBDIVISIONS NFIP regulations require that developers supplyBase
Flood elevation data for their projects which exceed 50 lots or 5 acres. The intent ofthis requirement is to obtain base flood elevation data which can be used by the community for requiring
--protection ofnew construction to the baseflood (IOO-year) level. Thus, any elevation data used to satisfy this requirement will in turn be the basis of elevation and floodproofing
standards for structural development which takes place in the subdivision. Accordingly, the elevation data provided bythe applicant for subdivision plat approval should be consistent
with the scope and scale of his proposal. For instance, ifan applicant proposed to subdivide 20 acres of rural land into 4 equal parcels and no immediate construction was planned, then
only the most elementary elevation data would be necessary. However, if a developer's proposal was for 20 acres ofland to be divided into 80 lots, then the developer should obtain or
develop data which approximates the accuracy ofthe Flood Insurance Study. In determining how sophisticated an applicant's base flood elevation data should be, the local administrator
should ask questions such as the following: • How large and complex is the proposed subdivision? • What percentage of the subdivision's area is flood-prone? • Is the flood-prone area
being used for structural development or is it being reserved for open space or parking? Answering these questions allows the local administrator to determine the extent of the flood
hazard in the subdivision and then he can decide how detailed the applicant's base flood elevation should be. MANUFACTURED HOMES The NFIP Regulations provide some optional standards
for the placement or or substantial improvement ofmanufactured homes. In most situations a permit to place or substantially improve a manufacturedhome in anAl-30, AH, AE, V, Vl-30, or
VE Zone will require elevation on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored
to an adequately anchored foundation system to resist floatation, collapse andlateral movement. However, if the community has an "existing manufactured home park or subdivision", then
the community may choose to require elevation of the lowest floor to or above the base flood elevation or require elevation of the chassis to at least -41-
36 inches above grade, whichever is lower. To qualify for the 36 inch above grade option, the site has to be in an "existing manufactured home park or subdivision" (as defined in NFIP
Regulations, Section 59.1 and in the local floodplain managementordinance) and a manufacturedhome must not have previously suffered substantial damage at the site as the result of a
flood. In reviewing permits for completing new manufactured home parks or additions, or permits for manufactured homes placed in a flood hazard area which are not in a manufactured home
park or subdivision, the local administrator must require that the manufactured homes will be placed so that the lowest floor will be at or above the BFE. Adequate drainage must also
be provided. If BFE data is not available, these homes must meet the anchoring (tie-down) requirements of the NFIP. Amanufacturedhome that is permanently anchored to a foundation, in
a manner similar to the way a house is anchored (bolted to a poured concrete or block foundation that extends below the frost line), meets the anchoring requirements. Manufactured homes
placed on blocks, however, do not have adequate protectionfrom flooding and must be tied down. NFIP regulations also require flood prone manufactured home parks to have an established
evacuation plan. AOZONES AO Zones are areas subject to shallow flooding (1 to 3 feet) resulting from "sheet flooding." Because no base flood elevation is provided for AO Zones, NFIP
regulations require that residential structures in these areas must have the lowest floor STRUCTURE MUST BE ELEVATED 2 FEET mm Figure lO.-Elevation in an AO Zone (including the basement)
elevated above the highest adjacent grade, to the depth number specified on the FIRM. Nonresidential structures must be elevated or floodproofed above the highest adjacent grade, to
the depth number specified on the FIRM. If no depth number is indicated' a two foot flood protection level is required. The highest adjacent grade means the highest natural elevation
ofthe ground surface, prior to construction, next to the proposed walls of a structure. Figure 10 illustrates how a structure would need to be elevated in a Zone AO, Depth 2. ACTING
ON THE PERMIT APPLICATION .Whena local administrator completes his review of a development permit application, he has three options for action. He may: -42-
Approve the Permit Application If a permit application describes a development that will be built in compliance with the floodplain ordinance, the local administrator may give his approval
simply by marking the appropriate box on the application form, signing it, and providing a copy to the applicant. Conditionally Approve the Permit If the permit application describes
a development that would be in violation of the floodplain ordinance, the local adminis---trator may conditionally appr.ove the application, if the applicant will modify his development.
For example, if the proposed development is a house with a basement in an unnumbered A-Zone, the local administrator may issue a permit only if the house is built without a basement
and the lowest floor meets the elevation requirements. In cases where simple modifications will bring an application into compliance with the ordinance, the local administrator should
work with the applicant to iron out the problems with the development. Deny the Permit When a permit application is in violation of the flood plain ordinance, the local administrator
must deny the permit and explain to the applicantwhy itwas denied. APPLICANT'S OPTIONS If an applicant is denied a permit, he has three options. 1. He may redesign his development so
that it meets the standards of the NFIP; or 2. If he feels the administrator is in error, he may appeal the decision to the local governing body; or 3. If he feels the ordinance places
an undue hardship on his property, he may request a variance to the ordinance. VARIANCES A variance is a waiver of one or more of the specific standards required in ordinances. In regard
to the flood plain ordinance, variance requests should be considered very carefully. A variance represents a community's approval to set aside floodplain regulations that were adopted
to reduce loss of life and property damages due to flood. While the impact of a single variance on a flood hazard may not be significant, the cumulative impact of several variances may
be severe. If If the developer requests a variance, however, the communit-y-should have a consistent and fair policy to deal with such requests. -43-
-44-Generally, variances may be granted only upon: • a showing of good and sufficient cause; • a determination that failure to grant a variance would result in exceptional hardship to
the applicant; and • a determination that the granting ofthe variance will not result.in increased flood hazards elsewhere. Administrative Responsibilities Regarding variances, NFIP
regulations list two important documentation requirements: 1. The granting of a variance does not lessen or waive any insurance premium rates. Consequently, when a variance is granted,
the local administrator must provide written notification to the applicant that a project granted a variance is not exempt from the insurance requirements. In some instances, a variance
may result in increased insurance premium rates that could go as high as $25 per $100 of coverage. 2. Any community granting a variance mustmaintain a record ofall variance actions.
This would include the justification for granting the variance, a record of the variance proceedings and a copy of the written notification referred to above. ENFORCEMENT A floodplain
ordinance cannot effectively reduce the severity offlood damages unless it is properly enforced. Adequate, uniform, and fair enforcement requires two things: 1. All new development or
substantial improvements to existing development must have a permit. 2. All development with a permit must be built to the standards of the NFIP and the State of Texas. Communities need
to establish a procedure to ensure these two requirements are met. For example, the bestway to ensure the first requirement is to have a PERMIT form displayed at the development site
in full view. Such a form could be brightly colored, so it is easily seen. It should be printed on durable waterproof cardboard to withstand the weather during the construction period.
When construction is taking place without a permit, local officials or neighbors can easily report such occurrences to the local administrator. Communities can ensure the development
is actually beingbuilt toproper standards by having the local administrator make periodic inspections during the construction period. Such inspections should be documented in the project
file. Communities may also consider establishing a "Certificate of Occupancy" system which would prohibit anyone from occupying a new structure without it first being inspected to ensure
it meets all community building codes, including the floodplain ordinance. Remember, before a Certificate can be issued in the flood hazard area, a statement must be submitted by a registered
engineer, architect, or surveyor certifying the lowest floor or floodproofing elevation.
Violations Ifa local administratorbecomes aware that development is occurring in a floodplain without a permit, or contrary to the permitted plans, he should consult with the community's
attorney. Together, they should try to persuade the developer to comply with the floodplain ordinance. If the developer refuses to comply the attorney must take legal action. Enforcement
of the floodplain ordinance must not be taken lightly. Communities that do not strictly maintain a permit system, that grant variances regularly or that are lax in their enforcement
responsibilities violate the agreement they have with the National Flood Insurance Program. Negligence on the part of the community cannot be tolerated. The consequences of non-compliance
for communities participating in the NFIP are listed below. PENALTIES FOR NONCOMPLIANCE Communities opting not to participate in the National Flood Insurance Program (NFIP) or communities
that are suspended from the NFIP for not enforcing an effective floodplain ordinance are subject to the following consequences: 1. Flood insurance will not be available. No resident
will be able to purchase a flood insurance policy. 2. Federal agencies may not provide grants or loans for insurable buildings in identified special flood hazard areas of communities
not participating in the NFIP. This includes agencies such as Housing and Urban Development, Small Business Administration and the Economic Development Administration. 3.· No Federal
mortgage insurance may be provided in identified flood hazard areas. This includes FHA, VA, and Farmers Home Administration. 4. In the event of a federally declared flood disaster, no
federal or state disaster assistance wouldbe made available to insurable structures in identified flood hazard areas of nonparticipating communities. 5. Actuarial insurance rates go
into effect when the FIA establishes base flood elevation data regardless of whether or not a community participates in the program. Lacking a local ordinance, uIisafe construction today
may be prohibitively expensive, and therefore unsalable, Should the community decide to participate or reenter the NFIP. (The purchase of flood insurance is required by lending institutions
when granting loans in flood hazard areas of participating communities. Actuarial rates may make the flood insurance very expensive -as much as $25/$100 of coverage). Reasons a communitymaywant
to reestablish eligibility in the NFIP include: • New legislative body or inclination of such a body. • Larger share ofmortgage market throughFHA, VA, Farmers Home Administration. •
Federal grant or loan for particular project. • Amajor disaster, triggering need for disaster aid. • Changed political pressures. -45-II
6. Finally local governing bodies may be susceptible to some form of liability by not participating in the NFIP because their action: (1) denies the ability of its citizens to purchase
flood insurance, and (2) does not take positive steps to reduce the exposure of life and property to flood damages in the face ofthe authoritative scientific and technical data. .RECORD
KEEPING Record keeping is an extremely important part of a community's responsibility when participating in the NFIP. Specifically, the following records must be kept on file and open
for public use. 1. A complete and up-to-date copy ofthe floodplain ordinance, the flood map (FHBM or FIRM), and the Flood Insurance Study (FIS). If a FIS has not been completed, the
community should obtain and maintain the best flood hazard data available for the area and use it in regulating floodplain development. 2. NFIP regulations specifically require that
communities obtain and main-􀁾􀀮 RECORDS -tain the elevation of the lowest floor (including the basement) of all new or substantially improved structures in the Special Flood Hazard
Area. For floodproofed structures, the elevation to which they have been floodproofed must be obtained and recorded. Local administrators must require developers to complete an Elevation
Certification to meet the NFIP requirement. 3. A project file should be kept for each development permit application. This file should contain: • A copy of the permit application; •
Acopy ofthe permit review checklist; • Copies of all pertinent correspondence relating to the project; • Documentation of inspections of the development; • Base flood elevation data
for subdivisions of 5 acres, 50 lots or larger; . • Pre and post construction certification forms for floodproofmg and post construction certification forms indicating the lowest floor
elevation of all structures; 4. A file should be kept for the Biennial Reports that must be submittedto the Federal Emergency Management Agency every year. The local administrator may
want to keep the following information in this file: • Copies of previous years' reports; • Arunning total of permits an<Vor variances granted in the flood hazard area; • Maps ofnew
annexations or other boundary changes; -46-
-47 -• Census data; • Record of any major natural or man-made changes affecting flooding patterns. The Biennial Report will be easy to complete if this information is readily available
in one place. LOCAL ADMINISTRATOR RESPONSIBILITIES NFIP regulations, in Section 59.22(b)(l), require a community to designate an official with the responsibilities, authority and means
to implement the ordinance they have adopted in compliance --with the NFIP. The designation of an administrator is incorporated into the text of the local floodplain management ordinance.
Fair administration is the key to a successful permit system. To ensure fair administration, the person selected as the administrator shouldbe technically qualified (with some knowledge
ofconstruction) and should understand the NFIP. He must also have the support of the local governing body. Oftentimes, particularlyin small communities, the position of floodplain administrator
is part time and the duties are added to an official's other responsibilities such as the building inspector, zoning administrator, auditor or clerk. The governing board must see to
it that the floodplain administrator has the cooperation and support of all other community officials and departments in implementing the floodplain ordinance. The local administrator's
job is not an easy one. If he has questions or problems, technical assistance is available from the Texas Water Commission. The phone number and address are found in'AppendixC. The duties
ofthe local floodplain ordinance administrator are summarized below. Development Permit Administration The local administrator is responsible for all aspects of the development permit
process, including: • Making permit application forms available to prospective developers. • Reviewing all permits to determine whether or not they are in compliance with the ordinance.
• When the FIA has not provided Base Flood Elevation data, the local administrator must obtain the best available data from other sources to use in reviewing permits. • Approve, conditionally
approve or deny all permit applications. • Follow-up inspections on all permits granted. • Initiate enforcement proceedings necessitated by ordinance violations. Obtain and Maintain
Information The local administrator must obtain andmaintain all the information described in the record keeping section discussed earlier in this chapter.
Watercourse Alteration Notification If a development permit application proposes a watercourse (stream, river, drainage ditch) alteration, the local administrator must notify adjacent
communities of the proposed action. Such alterations must also be explained to the Federal Insurance Administration in the Biennial Report. Interpretation of Map Boundaries When there
appears to be a conflict between the boundary on the flood map issued by FIA and actual field conditions, the local administrator must make interpretations as to the exact boundaries
of the flood hazard area. The local administrator does not, however, have to determine a particular structure's location on the map for flood insurance purchase requiremeQ.ts oflending
institutions. That decision rests with the lender. -48-
CIIAPrER5 PLANNING TO REDUCE FLOOD DAMAGES INTRODUCTION. Flooding is this State's major natural disaster. Between 1979 and 1990,·17 Presidential Disasters were declared in the state
as a result of floods. Damages to public and private property in that period -exceeded one billion dollars. Flooding cannot be eliminated. The damages resulting from floods, however,
can be reduced. In order to do so, communities must develop a comprehensive plan for flood hazard mitigation that considers both structural and nonstructural measures. Flood hazard mitigation
is defined as a management strategy that reduces the severity of the effects of a flood disaster. The strategy involves actions which reduce exposure to flooding; which reduce susceptibilityto
flood damages; and which reduce the impact of damages when a flood does occur. Flood hazard mitigation is a comprehensive approach to solving flooding problems. Local governments have
the best opportunity to implement flood mitiga-· tion plans for their communities. They are IMPLEMENT THE PLAN • Regulatory/Policy Mea.ure. • Flood Werning/Preparedness • Public Works
• Private Work. DEFINE THE PROBLEM • Physical Aspects • Economic end Sociallasues • Environmental Impects SELECT ALTERNATIVES • Metch Solutions to Problems • Long-Term Strategies • Short-Term
Strategle. • Sources of Assistence ESTABLISH LOCAL OBJECTIVES GtIIHNIII to specifit: 􀁾􀀬􀁥􀁤 on community nlNJd, end gOB/' through pub/ic perticipetion -49-
close to the problem and have the authority (and responsibility) to carry out solutions to those problems. This document provides a brief review of the process a community can follow
to develop a flood hazard mitigation plan. It also describes some ofthe methods a community can use to reduce future flood damages. The document is divided into five sections: 1) Defining
the Problem 2) Establishing Objectives 3) Tools Available 4) Selecting Alternatives 5) Implementation: Making It Work DEFINING THE PROBLEM Any approach to flood hazard mitiga· tion planning
should begin with an evaluation ofthe extent to which a flood hazard exists and how those hazards affect the community. The evaluation should address the physical aspects ofboth the
floodplain and the flood itself. It should take into account the economic and social issues associated with flooding, and the environmental values of flooding and floodplains. PHYSICAL
ASPECTS It is important to obtain as much information as possible on flooding relative to its source and causes; its area and depth ofinundation; and such characteristics as frequency,
speed of onset, and duration. Information on these physical aspects of a flood· is sometimes available from a federal agency or the Texas Water Commission in the form of a floodplain
study which delineates floodplain boundaries and lists flood elevations. Whendetailed technical data onflooding isn't available, flood problems can be described by historical news accounts
or by long time residents. This available data can be used to begin to define flood problems in an area. Information on the floodplain can be obtained locally by actually conducting
a survey of floodplain areas. Zoning maps and land-use plans can also be a good source of information for determining floodplain use. In order to have a good understanding of flooding
problems, 􀁣􀁯􀁾􀂭 munities should have complete data regarding the type, condition, and extent of floodplain development; the potential for future development; and the status of any
existing flood control structure such as a dam or levee. ECONOMIC A AND 􀁯􀁯􀁾 _-. SOCIAL ISSUES Two issues to be considered in derming flood problems and developing a flood hazard mitigation
plan are the economic role of floodplain lands and the social effects of flooding. Generally, floodplains are used for any number ofpurposes including agricul-·50 -
-51 -· ture; open space; recreation; and residential, commercial, or industrial development. Some of these may be more compatible with existing flooding problems. Others, however, may
be of more value to the community through the form of taxes or increased property values. Anyanalysis of a community flood problem must include an estimate of the costs and benefits
of existing or proposed land uses. The nature and extent of economic issues can be understood by gathering information such as property tax bases, market values, and building costs in
floodplain areas. This type of information can be compared against the cost of providing services and utilities such as streets, __ water, and sewer, and the cost ofreplacing or repairing
those facilities if flood damaged. The same kind of analysis should be made ofthe social impacts associated with flooding problems. For example, housing located in the floodplain may
be providing needed residences for low income families. At the same time, however, that housing may require protection during flooding or replacement if flood damage is very severe.
Flooding may also present employment problems in two ways: 1. Floodplain sites may not be suitable for businesses with employment opportunities. Restriction of economic expansion means
jobs will be foregone. 2. Flooding or flood damage can force businesses to close, causing unemployment hardships until the business reopens. ENVIRONMENTAL ISSUES Floodplains have many
environmental values. They can provide recreation areas, open space, or fish and wildlife habitat. They are often the location of historic sites. Floodplains can serve to 􀁬􀁥􀁳􀁾􀁥􀁮
the potential destructiveness of floods. They contribute to: 1. moderation offlood levels by acting as natural retention and storage areas; 2. maintenance ofwater quality by serving
as a deposition for sediment, debris, or chemical impurities carried by floodwaters; and 3. protection against erosion since floodplain vegetation can stabilize land due to its tendency
to trap sediment and debris. In defIning the problems created by flooding, a community· should evaluate the environmental uses of floodplains. Benefits gained through flood control projects
might be offset by environmental losses.
ESTABLISHING LOCAL OBJECTIVES Once a flooding problem is well-defined with good technical data regarding the flood hazard itself and with consideration given to the related economic,
social, and environmental issues, a community can take the next step in developing a flood hazard mitigation plan: establishing objectives. In very general terms, the overall goal of
any flood hazard mitigation program is to reduce future flood damages. This goal can be broken down into some general objectives: • Protecting a new development from flood damage. •
Protecting existing development from flood damage. • Reducing the impact of damages where flooding problems cannot be eliminated. • Preserving or restoring natural floodplain values.
• Combining flood loss reduction efforts with other community needs like water supply or recreation facilities. These general objectives must be further refmed to a community's particular
situation. For example, a community with a fully developed floodplain might want to tailor its flood hazard mitigation objectives to protect existing development by extending a levee
system. Or, it might want to set an objective to try to regain some of the lost environmental values of the floodplain through an aggressive acquisition/relocation program. Onthe other
hand, communities with open floodplains mayconsider protectingnew development a priority for the flood hazard mitigation plan. Before a flood hazard mitigation program is implemented,
a community should look at alternative scenarios for programs with varying degrees of flood control. The scenarios canmatch community goals with community economic situations to establish
the type and degree of floodplain control desired. A community should review both the advantages and disadvantages of any approach to floodplain management, and carefully weigh the benefits
ofreduced flood damages against the costs of providing flood protection. At the same time, the community must keep in mind nature's need to use floodplain areas to carry excess flood
waters. PUBLIC PARTICIPATION The process of establishing objectives is highly individual and is unique to each community. Any objectives selected should reflect the needs and desires
ofthe community. For this reason public participation is essential in developing a successful flood hazard mitigation program. A strong public participation program provides a means
to: gather input from citizens to identify objectives and needs; inform the public of flooding problems and the planning process; and evaluate the acceptability ofvarious solutions identified
to reduce future flood damages. Apublic participation program should include methods to encourage and facili--52-
-53-tate input from all sectors of the community including floodplain residents, developers, realtors, engineers, planners, civic groups, disaster coordinators, and representatives from
the business community. Techniques used to acquire input can involve news releases, informational public meetings, formal hearings, surveys, brochures, reports, or formation of committees
or neighborhood groups. While it is important that public involvement extend throughout the hazard mitigation planning process, it is particularly critical during the stage of setting
objectives. The objectives should be carefully scrutinized, debated, and revised as necessary because they form the basis for a plan that will guide the implementation of flood hazard
reduction measures. Care should be given to ensure that all affected interests have had anopportunity to be heard, and that any conflicts between flood mitigation objectives andthose
of other authorities or community programs are reconciled. This step is especially important. For For example, ifa community chooses an objective that does not meetthe Federal EmergencyManagement
Agency's minimum development criteria of the flood insurance program, then certain sanctions may be invoked on the community. Or, if an objective like, "Promote recreational uses of
flood prone areas" is selected without input and consent from the local parks department, meeting that objective could prove difficult, if not impossible. Each objective chosen for a
hazard mitigation plan must be well thought out. The objectives must balance the needs of the community and those of nature to meet the overall goal of reduced flood damages. TOOLS AVAILABLE
With objectives fIrmly established, a community's next step in the hazard mitigation planning process is to review the tools or methods available to meet those objectives. This section
describes many of these tools. Essentially there are two major approaches a community can use to reduce or prevent future flood damages: structural and nonstructural. STRUCTURAL MEASURES
Traditional response to flooding problems has been through structural flood control projects such as dams or levees. These types of structural works attempt to control floodwaters. While
they can be effective, structural measures often are very expensive, provide a false sense of security, and encourage, rather than discourage, development in flood prone areas. For these
reasons, structural methods of reducing flood damages normally can be only a partial solution to flooding problems. Dams and Reservoirs Floo4 protection can be achieved by providing
reservoirs to retard or delay excessive runoff for the purpose of reducing flood heights. The function of reservoirs is to store water when streamflow is excessive and to release it
gradually after the threat of flooding has passed. Some reservoirs have controlled outlets that release the flood waters after the peak flow has .occurred. These storage areas are designed
primarily to relieve flood problems downstream, though can
be multipurpose, and used for increasing water supply, hydropower generation, or recreation. Detention basins are smaller impoundments that, typically, have uncontrolled or fIxed outlets.
Small impoundments are designed to retain and retard flood waters. Theymay also improve infIltration for recharge of aquifers. Detention basins may reduce flood damages at a low cost,
but the benefIcial effects do not extend far below the impoundment. the stream flow. Floodwalls are usually built of reinforced concrete, while levees are usually constructed ofearthen
materials. A false sense of security can be associated with levees and floodwalls because: 1. they have a limited design life, 2. improper design could cause the system to fail, and
3. these structures could be overtopped by a flood larger than the designflood. Levees and Floodwalls Levees and floodwalls are structures built to prevent flood waters from overflowing
onto the floodplain by confIning Additionally, many levees were built in haste prior to, or during, the past flood emergencies and do not meet acceptable standards for permanent flood
control projects. -54-STRUCTURAL Dams Reservoirs Levees F100dwans Channel Improvements Diversions Watershed Treatment TOOLS· AVAILABLE TO REDUCE FLOOD DAMAGE NONSTRUCTURAL Roodplaln
Regulation Zoning BuDding Codes Subdivision RlQulationl Stormwater Management AcqulsltionlRelocation Tax Incentives Development PoI"lCY FIoodproofing Infonnation/Education Rood Forecasting/Wamlng
Emergency Preparedness Rood Insurence Post Rood Recovery
Channel Improvements Flood stages can be reduced by improving flow conditions within a channel and by increasing a stream's carrying capacity. Methods used to obtain improvements of
channels include: • straightening to remove undesirable bends; • deepening orwideningto increase size of waterway; • clearing to remove brush, trees, and other obstructions; and • lining
with concrete to increase efficiency. Channel modification may be neces-__ sary or useful when used with other structural methods of flood control, such as below storage reservoirs where
changes have occurred in the flow of water. Adverse effects ofchannel modification could occur at or downstream of the site, with unstable channel banks and a possible increase of flood
impacts downstream. Watershed Treatment Watershed treatment, generally applied to small areas, involves the treatment of land to render the soil more capable of absorbing and retaining
excessive rainfall until flood heights in swollen streams have receded. These measures include improving or preserving vegetative cover, regrading, and terracing all to m· crease infiltration
or delay runoff'to the stream channel. Watershed improvements may also reduce erosion, maintain or improve ground water levels, and recharge aquifers. NONSTRUCTURAL MEASURES Nonstructural
approaches to reduce flood damages are those which do not depend on controlling flood waters. Rather, they concentrate on controlling activities which take place in flood prone areas.
The approaches fall into two general categories: reducing susceptibility to flooding and reducing the impact of floods. Reducing Susceptibility The methods available to reduce susceptibility
to flood damage are the development of regulations and policies that prohibit dangerous, uneconomical, or unwise floodplain development. Flood damages can be greatly reduced if activities
along floodplains can be made more compatible with the natural flooding process. These regulatory programs and policy guidelines consist of a variety of land use management techniques.
Methods to reduce susceptibility to flood damage may also include programs which reduce existing development's vulnerability to damage. Floodplain Regulation Floodplainregulations do
not attempt to reduce or eliminate flooding but are designed to mold floodplain 􀁤􀁾􀁶􀁥􀁬􀁯􀁰􀁭􀁥􀁮􀁴in such a manner as to lessen the damaging effects of floods. In most Texas communities,
floodplain regulations are adopted in compliance with the National Flood Insurance Program. These regulations generally identify a floodway .district within -55-
-56-the 100-year floodplain. Development in the floodway is restricted to uses which result in no increase in flood heights. The portion of the 100-year floodplain outside of the floodway
can be more intensively developed provided that new uses and additions to existing uses are properly elevated on fill or floodproofed to the 100year flood protection 􀁥􀁬􀁥􀁶􀁡􀁴􀁩􀁯􀁮􀁾
Zoning A community's zoning authority can be used to discourage development in the floodplain. For example, flood prone areas could be zoned "agricultural," "open space," or "recreation."
Generally, these types of development suffer less flood damages than residential or commercial areas. Another zoning tactic is to control the density of structures by limiting lot sizes.
Zoning ordinances can prevent the expansion ofnonconforming,uses and they could incorporate a single loss option. This stipulation would mean that a property could not be rebuilt after
a flood loss of sufficient magnitude (Le., 50 percent or more). Building Codes/Subdivision Regulations Building codes regulate building design and construction materials. Generally,
these codes apply uniformly to buildings throughout a locality; however, certain provisions are also included that relate to natural hazards. Generally, four types ofconstruction standards
have been incorporated into flood related building codes: • Minimumprotection elevations for the lowest floor or footings of a structure. • Prohibition of basements or requirements that
basements be floodproofed or otherwise protected against flooding. • Structural reinforcement, waterproofing, or other protection requirements for structures with floors below the flood
protection elevation. • Firmly anchored buildings required to prevent flotation during floods. Subdivision regulations control the division and sale of land. The regulations require
landowners to prepare detailed maps or "plats" prior to the sale of lots. Plats are generally approved by the planning commission and must comply with standards established in the subdivision
regulations, zoning, and other laws. Subdivision standards related to floodingtypically require that lots are adequately elevatedwith proper drainage, andthat public facilities are protected
from flooding. Stormwater Management Many times, development occurring outside offloodplain areas causes increased runoff in downstream areas. Native vegetation, croplands, wetlands,
and pastures are being replaced by parking lots, streets,
-57-and buildings. Natural drainageways are replaced by storm sewers and culverts. These changes to a watershed result in increased stormwater runoff which can produce larger and more
frequent floods. A good stormwater management program is 􀁤􀁥􀁾􀁩􀁧􀁮􀁥􀁤to reduce existing runoff problems and prevent new ones from developing. This is accomplished by controlling
stormwaterwhere it falls, on-site, through site grading, vegetation areas, temporary storage, and other measures. Acquisition and Relocation The acquisition of structures located within
the floodplain can decrease the __ amountofhazard associated withflooding. In areas where structures have been acquired and relocated, the land can be used for functions less susceptible
to flood damage. While acquisition and relocation. of flood prone property can be expensive, in the long run it can be a very common sense approach to reducingflood damages. Development
Policy Communities making wise decisions or policies to prevent construction of public facilities facilities such as streets, water, and sewer in undesirable areas (such as floodplains)
will deter floodplain development. Public facilities such as recreation areas or open spaces could be extended into flood prone areas. Both of these policies can resUlt in a reduced
flood damage potential. Tax Incentives Tax adjustments for land dedicated to agriculture, recreation, conservation, or other open-space uses may be effectivein preserving existing floodplains. Unless such concessions are made, flood prone land adjacent to communities will become more valuable each year as residential or commercial developments
expand. This could cause taxes of all adjacent open land to rise to the point where the land no longer can be used profitably for farming or other open uses. Floodproofing Floodproofing
consists of modifications to buildings, their sites, or their contents to keep water out or to reduce the effects of flooding. Although it is more simply and economically applied to
new construction, floodproofmg can be be applicable to existing facilities. Floodproofmgmay be permanent (i.e., bricked-in openings) or it may be contingent on some action at the time
ofthe flood. There are many different floodproofing measures, and cab. include: elevation, utility adjustments, wet floodproofmg (deliberate flooding of basement areas to offset floodwater
pressures), anchoring, protective covering, ring dikes, or permanent closures.
-58-Reducing the Impact The second nonstructural approach to reducing flood hazards are those activities that attempt to reduce the impact of flooding when it does occur. Information
and Education Agood information and education program is a prerequisite for successful flood hazard mitigation plans. Local residents who are knowledgeable about flooding andflood hazards
are more likely to make wise decisions when it comes to protecting themselves and their property from flood damage. A community should have a continuous public awareness campaign about
flooding to increase and reinforce public knowledge of flood hazards. Public media such as radio, television, and newspapers can be used to convey the message to the public. Civic organizations
or church groups couldbe presented information and then' asked to disseminate that information. Information could be taught to students in public schools where it will filter back to
parents. Messages can be included in utility bills, tax statements, and newspaper deliveries or printed on grocery bags. Warning signs could be positioned on public rights-of-way warning
potential property buyers of a flood hazard or indicating the high watermark ofpastfloods. Flood Forecasting and Warning Reliable and accurate forecasts and warnings of floods can be
coupled with timely evacuation to save lives and reduce property losses. While the federal government (through the National Weather Service) is generally responsible for disaster prediction,
it is the local government that must be sure the general public is warned in sufficient time to take protective action. Well organized systems to effectively disseminate flood warning
information need to be established by communities in cooperation with the County. Emergency Preparedness When a flood is imminent, a community can go a long way in reducing or preventing
damages by having an effective emergency operation plan ready for implementation. Emergency flood fighting can involve a variety of activities including evacuation offloodplain residents,
installation of temporary pumping stations for interior drainage behind levees, and sandbag closures for openings in levees or low areas. For serious floodprone communities, a well-coordinated
flood fight would require a sophisticated flood response and recovery plan defIning the responsibilities of various departments within the local unit of government, as well as supportfrom
various federal, state, and private agencies. Equipment and materials necessary for flood fight effortmust be stockpiled in the community or be immediately accessible to the community
for use.
-59-Flood Insurance Flood insurance, while not able to prevent flood damage, can repay most of the costs associated with flood damages. Flood insurance is available only in communities
that agree to establish floodplain management programs. As such, its benefits are two fold: property owners can buy reasonably priced flood insurance, andnew construction will be safe
from future flood damages. Post-Flood Recovery Post-flood recovery activities include the restoration of public and private ser-__vices and a normal lifestyle to individuals who have
been affected by the flood. Although these activities do not reduce the overall impact ofthe flood damage, they do reduce the overall impact of the flood by shortening the time of disruption
within the community. During this time, communities should proceed cautiously with repair and reconstruction. It is an ideal time to look for "mitigation" opportunities. For example,
if a school or other public facility was flood damaged, now is a good time to install some floodproofing devices rather than rebuilding the structure to the way it was before the flood.
This time is also ideal to explore the possibility for relocating severely damaged structures to flood-free locations. SELECTING ALTERNATIVES So far, throughout the planning process,
the community has established objectives to eliminate or reduce its flood problem and reviewed the tools available to meet these objectives. Now is the time to put those items together
and select alternatives. This section discusses the considerations in matching solutions to problems, suggests implementing shortand long-term strategies, and lists sources of assistance.
MATCHING SOLUTIONS TO PROBLEMS Before it will work, a plan must be feasible, economical, and acceptable. In other words, the plan must actually be capable of being accomplished; the
benefits received should equal or exceed the cost of implementation; and the measures implemented must satisfy the objectives set out early in the planning 􀁰􀁲􀁯􀁣􀁥􀁳􀁳􀁾In matching
solutions to flooding .problems, a community must be keenly aware of these conditions and proceed accordingly. In developing a flood hazard mitigation program, professional personnel
are very important to assist communities in determining feasibility of projects. Com
-61 -Short-Term Strategies Measures such as floodplain regulations, emergency preparedness plans, and public information programs can be easily implemented if a reliable delineation
of the floodplain has been made. Careful analysis, however, is required before any of these measures will prove effective in reducing damage. Floodplain regulations are tied to the amount
of technical data available. The less data available, the less stringent the regulations, and the less effective the program. Emergency preparedness plans must be coordinated with county
and state programs. Public information programs should be a part of short-term strategies. Creating a greater public awareness ofthe flood hazard and providing even minimal information
about potential flooding enables people to take flood risk into account in making decisions on future development. It also helps create public interest in participating in the study
of longerterm measures and implementation. Other measures may also be suitable for short-range plans. When severe flooding occurs, an opportunity may exist for acquiring damaged properties.
Careful consideration should be given to all types of measures to ensure identifying all reasonable opportunities. Long-Term Strategies Long-term measures are those which generally have
to be implemented in phases, over a period of years. For example, a measure that calls for a major flood control work to be constructedby the Corps would take several years to accomplish.
Or, an acquisitionjrelocation program may fIrSt require a communityto restructure its capital improvements program to raise the necessary funds to finance a project. The formulation
and implementation of long-term flood hazard reduction measures usually requires a reevaluation ofthe selected alternative (or combination of alternatives). This evaluation should eliminate
any impractical or uneconomical measures and develop cost-effective designs for those remaining. The process must address key issues: • Potential for funding, including assistance from
state and federal sources. • Whether the measure can be successfully used with the physical, legal, financial, and other existing restraints. • Extent to which the measure will achieve
established objectives.
• Acceptance by the public. • Compatibility of the measure with community goals other than floodplain management. Determining which measures to include in a flood hazard mitigation program
can be approached by developing and comparing alternative· programs. It maybe necessary to consider as few as two ormore than a dozen alternatives to evaluate the most effective combinations
of measures which are possible. Comparingthe alternativesmaymake it apparent that some combinations of measures are clearly inferior to others and ought to be dropped from further consideration.
Others may be found reasonably satisfactory or even superior, excepting some particular problem which can be corrected through a small adjustment. SOURCES OF ASSISTANCE Communities interested
in developing flood hazard mitigation plans can receive advice and assistance from several state and federal agencies. Agency addresses and telephone numbers are contained inAppendix
C. Communities should look to other entities as well for assistance. For For example, waterresource boards, regional planning councils, local colleges or universities, professional organizations,
or civic groups may all have an interest in flooding and be willing to work in developing a mitigation program. l. TEXAS WATER COMMISSION 6. u.s. ARMY CORPS OF ENGINEERS Dam & Floodplain
Safety Section Galveston District P.O. Box 13087 P. O. Box 1129 Austin, Texas 78711 400 Barracuda, Room 141 (512) 463-7830 Galveston, Texas 77553-1229 2. TEXAS DEPARTMENT OF PUBLIC SAFETY
(409) 766-3076 Division of Emergency Management 7. U.S. ARMY CORPS OF ENGINEERS P.O. Box 4087 Southwestern Division Austin, Texas 78773 1114 Commerce Street (512) 465-2138 Dallas, TeXas
75202 3. FEDERAL EMERGENCY (214) 749-2354 MANAGEMENT AGENCY 8. U.S. ARMY CORPS OF ENGINEERS FEMA Region VI Federal Regional Center Albuquerque District P.O. Box 1580 Denton, Texas 76201
Albuquerque, New Mexico 87103 (817) 898-9125 (505) 766-2627 4. U.s.D.A. SOn. CONSERVATION SERVICE 9. U.S. ARMY CORPS OF ENGINEERS 101 South Main Temple, Temple, Texas 76501 Tulsa District
P.O. Box 61 (817)774-1214 Tulsa, Oklahoma 74102 5. U.S. ARMY CORPS OF ENGINEERS (918) 581-7315 Ft. Worth District 10. TEXAS PARKS &; wn.DLIFE P. O. Box 17300 Ft. Worth, Texas 76102 DEPARTMENT
4200 Smith School Road (817) 334-3207 Austin, Texas 78744 (512) 389-4639 -62-
-63-IMPLEMENTATION: MAKING IT WORK No flood hazard mitigation plan will work unless the community is truly committed to its implementation. This requires allocation of both financial
resources and manpowerto ensure that selected alternatives recommended by the Flood Hazard Mitigation Committee are carriedthrough. It also requires follow-up to ensure that measures
are properly operated andmaintained once they are implemented. The first step in implementing a flood hazard mitigation plan is to have it formally adopted by the local governing body
such as the City Council. The plan, as --recommended by the Flood Hazard Mitigation Committee, is presented for final review to the local officials. Formal adoption should not be a problem
if adequate coordination and public participation has been a part of the planning process. How the mitigation plan is implemented varies for the different measures identified. REGULATORYjPOLICY
MEASURES Measures which involve policy changes or new regulations are largely a matter of of formally adopting ordinances or incorporating flood hazard considerations into policy procedures.
For example, a community which has selected an alternative requiring more restrictive building standards in floodplains must: prepare an ordinance incorporating those standards; develop
an administrative procedure to carry out and enforce the new regulations; and have the ordinance formally adopted. If the recommended alternative is a policy change to restrict floodplain
areas to open space uses, it will likely be necessary for a community to change its zoning ordinance and to add this new objective to its comprehensive plan. Maintenance of regulatory
measures is usually done on a daily basis through the enforcement procedures established (Le., permits and inspections). Annual review of the overall program should be conducted, however,
to identify any areas where improvements are needed. FLOOD WARNING AND PREPAREDNESS Measures which are designed to help a community prepare for, fight, and recover from a flood are primarily
organizational in nature. The major step in preparing for the implementation ofthese measures is to develop detailed plans of action which describe what is to be done in each measure
and assign responsibility for its accomplishment. Developing detailed plans of action requires technical skills and experience not always available in the community. These plans can
be developed through a joint effort with state and federal agencies. Once that is accomplished, the plans of action (Le., flood warning, flood fighting, recovery) can be formally adopted
.by a community and the necessary equipment and supplies can be stockpiled or prepared for use. Operation and maintenance of these measures is mainly the periodic updating, practice,
and testing of the plans.
-64-PUBLIC WORKS Projects involving major public works such as the construction ofdams or levees, acquisition offloodprone property, or floodproofing public buildings are normally part
of a long-term strategy and can be costly and complex. Such projects are often carried out in cooperation with state or federal agencies. Implementation of a large flood control structure
requires acquiring the necessary lands, arranging for financing, contracting for construction, and planning for operation and maintenance. Floodplain acquisition projects may require
both purchasing lands and structures and modifying the site to facilitate the longterm use of acquired lands. Relocation projects involve acquiring the area to be cleared, acquiring
and preparing the area to which any structures are to be moved, moving or demolishing structures, and cleaning up the site. PRIVATE MEASURES Several measures identified in a flood hazard
mitigation plan may have to be implemented by individuals or private firms. These might include measures for floodproofing residential structures, applying good soil conservation practices,
or paying flood insurance premiums. A community,s major responsibility in the implementation of these measures is to maintain a good public education/awareness program. The public participation
program put in place at the beginning of the planning effort can be modified to carry out informational programs that encourage private sector action and advertise available assistance.
OPTIONAL MEASURES In the NFIP regulations, planning considerations are outlined for NFIP communities. Section 60.22 Planning Considerations for FloodProne Areas. (a) The floodplain management
regulations adopted by a community for flood-prone areas should: • Permit only that development of flood-prone areas which (i) is appropriate in light ofthe probability of flood damage
and the need to reduce flood losses, (ii) is an acceptable social and economic use of the land in relation to the hazards involved, and (iii) does not increase the danger to to human
life; and • Prohibit nonessential or improper installation ofpublic utilities and public facilities in flood-prone areas. (b) In formulating community development goals after the occurrence
of a flood disaster, each community shall consider: • Preservation of the flood-prone areas for open space purposes; • Relocation of occupants away from flood-prone areas; . • Acquisition
ofland or land development rights for public purposes consistent with a policy of minimization of future property losses; and • Acquisition of frequently flood damaged structures.
(c) In formulating community devel-facilities already located in the opment goals and in adopting flood-flood-prone areas, to enable them plain management regulations, each to withstand
flood damage, and community shall consider at least the to facilitate emergency operafollowing factors: tions; • Improvement oflocal drainage to • Human safety; control increased runoff
that • Diversion of development to ar-might increase the danger of eas safe from flooding, in light of flooding to other properties; the need to reduce flood damages • Coordination ofplans
with neighand in light ofthe need to prevent boring communities' floodplain environmentally incompatible management programs; floodplain uses; • Therequirementthat aU newcon-• Full disclosure
to all prospective struction and substantial imand interested parties (including provements in areas subject to butnot limited to, purchasers and subsidence be elevated above the renters)
that (i) certain structures Base Flood level equal to expected are located within within flood-prone subsidence for at least a ten-year areas, (ii) variances have been period; granted
for certain structures • For riverine areas, requiring sublocated within flood-prone areas, dividers to furnish delineations and (iii) premiumrates applied to for floodways before approving
a newstructures built at elevations subdivision; belowthe base flood substantially • Prohibition of any alteration or increase as the elevation decreas-relocation of a watercourse, exes;
cept as part of an overall drain-• Adverse effects of floodplain de-age basin plan. In the event ofan velopment on existing develop-overall drainage basin plan, proment; vide 􀁴􀁨􀁾􀁴
the flood carrying ca-• Encouragement of floodproofing pacity within the altered or reloto reduce flood damage; cated portion of the watercourse • Flood warning and emergency is maintained;
preparedness plans; • Requirement of setbacks for new • Provision for alternative vehicu-construction within Zones VE or lar access andescape routes when Vl-30 on a community's FIRM;
normal routes are blocked or • Requirement of additional elevadestroyed by flooding; tion above the Base· Flood level • Establishment ofminimumflood-for all new construction and subproofing
and access requirements stantial improvements within for schools, hospitals, nursing Zones Al-30, AE, VE and Vl-30 homes, orphanages, penal institu-on the community's FIRM to protions,
fire stations, police stations, tect against such occurrences as communication centers, water wave wash andfloating debris, to and sewage pumping stations, provide an addedmargin ofsafety
and other public or quasi-public against floods having a magnitude greater than the Base -65-
Flood, or to compensate for future urban development; • Requirement of consistency between state, regional and local comprehensive plans and floodplain management programs; • Requirement
of pilings or columns rather than fill, for the elevation of structures within flood-prone areas, in order to maintain the storage capacity of the floodplain and to minimize the potential
for negative impacts to sensitive ecological areas; and • Prohibition, within any floodway or coastal high hazard area, of plants or facilities in which hazardous substances are manufactured.
SUMMARY Flooding cannot be eliminated. Communities can, however, protect themselves or reduce their flood damages by planning. This chapter has briefly presented a procedure a COInmunity
may follow to develop a flood hazard mitigation plan. The process described -defIDing problems, establishing objectives, reviewing tools, selecting alternatives, and implementing programs
-may sound simplistic, but in reality it is not. Flood hazard mitigation is a difficult concept that is complicated by the friend who wants to build a basement in the floodplain; by
the taxpayer unwilling to vote for a tax increase to fmance a dike; and by the apathetic citizen who just doesn't care. It is important to remember, however, that flood hazard mitigation
plans are designed for the good of everyone. Undoubtedly there will be opposition, but mitigation plans implemented in a consis: tent, fair manner with true concern for those with the
problem, will surely be successful in meeting their objective ofreducing future flood damages. -66-
-67-CHAPrER6 COMMUNITY RATING SYSTEM SUMMARY (CRS) insurance rates had been the same in all participating communities, even though some do much more than regulate construction of new
buildings to the national standards. THE CONCEPT Until now the program did little to recognize or encourage community activities to reduce flood damages to existing buildings, to manage
development in areas not mapped by theNFIP, to protect newbuildings beyond the minimum NFIP protection level, to help insurance agents obtain flood data, or to help people obtain flood
insurance. Because these activities can have a great impact on the insurance premium base, flood damages, flood insurance claims, and federal disaster assistance payments, the Federal
Insurance Administration (FIA) has implementedthe Community Rating System (CRS). Experience since the turn of the century has shown that the fIre insurance public protection class given'to
a community has been, a very strong incentive for local officials to maintain or improve their fIre protection programs. Local governing boards ensure that their fIre alarm communications,
water supply and distri-In order to be covered by a flood insurance policy, a property must be in a community that participates in the NFIP. To qualify, a community adopts and enforces
a floodplain management ordinance to regulate proposed development in flood hazard areas. The objective of the ordinance is to ensure that such development will not aggravate existing
flooding conditions and that new buildings will be protected from future flood damage. To date nearly 18,000 communities in the United States participate. The NFIP has been successful
in requiringnewbuildings to be protectedfrom damage by the 1OO-year flood. However, the program had few incentives for communities to do more than enforce the minimum regulatory standards.
Flood BACKGROUND Since 1968 the National Flood Insurance Program (NFIP) has provided federally backed flood insurance to encourage communities to enact and enforce _floodplain regulations.
The program has been very successful in helping flood victims get back on their feet. There are over 2.2 million policies in force. Since 1978, 350,000 insurance losses have been paid
out for a total of $2.5 billion.
-68-bution, and overall fIre department facilities, including staffing, equipment, training, and other items meet or exceed the insurance industry's minimum criteria in order to maintain
favorable fIre insurance rate classes for their communities. In March 1987, the Federal Insurance Administrator established. a Community Rating Task Force with members from FIA, insurance
companies, and state and local floodplain managers. The Task Force established three goals for the CRS: "fro] encourage, by the use of flood insurance premium adjustments, community
and state activities beyond those required by the National Flood Insurance Program to: • reduce flood losses, • facilitate accurate insurance rating, and • promote the awareness offlood
insurance." The Task Force worked with the Association of State Floodplain Managers (ASFPM) and ISO/Commercial Risk Services, Inc. (ISO) to develop a rating Schedule and administrative
procedures. ISO is a non-profit corporation subscribed to by more than 1300 insurance companies. Among other services, ISO develops and provides advisory fIre insurance classification
of community fire 􀁰􀁲􀁯􀁴􀁥􀁣􀁴􀁩􀁾􀁮 programs. The CRS is the product ofthree years ofdevelopment, field testing, critiques and reviews with communities, public interest organizations
and ASFPM'S technical advisors. The work has been reviewed by 400 professional floodplain managers, 50 public interest organ.izations, and 41 communities. However, the CRS will always
be subject to change and improvement as more experience is gained in administering it and as more is learned about effective floodplain management techniques. COMMUNITY CLASSIFICATION
Flood insurance premium credits are available in communities based on their CRS classification. There are ten classes with Class 1 havingthe greatest premium credit and Class 10 having
no premium credit. A community's CRS class is based on the number of credit points calculated for the activities that are undertaken to reduce flood losses, facilitate accurate insurance
rating, rating, and promote the awareness of flood insurance. Acommunity is automaticallyin Class 10 unless it applies for CRS classification and it shows that the activities it is implementing
warrant a better class. The amount ofpremium credit for each class is published annually by FlA. The CRS rewards those communities that are doing more than the minimum NFIPrequirements
to help their residents prevent or reduce flood losses. The system should also provide an incentive for communities to initiate new flood protection activities. OPERATION Community application
for CRS classification is voluntary. Any community in full compliance with the rules and regulations of the NFIP may apply for a CRS classification. The applicant community submits documentation
that it is imple
-69-menting one or more of the activities recognized in the CRS Schedule. The Schedule identifies 18 creditable activities, organized under four categories in Sections 300-600: Public
Information, Mapping and Regulations, Flood Damage Reduction, and Flood Preparedness. They are listed on the last page of this Summary. The Schedule assigns credit points based on how
well an activity affects the three goals of the CRS. Communities are welcome to propose alternative approaches in their applications. Some of the activities may be implemented by the
state or a regional district ratherthan at the local level. For example, some states have disclosure laws that may --meet the credit criteria of Activity 340Flood Hazard Disclosure.
In such cases, any community in those states or districts could receive credit points if the community applies for a CRS classification and if the state or district program is, in fact,
being implemented in the community. The Regional Office of the Federal Emergency Management Agency (FEMA) and the State NFIP Coordinator review and comment on the application. FIA verifies
the information and the community's implementation of the activities. FIA sets the credit to be granted and notifies the community, the state, the insurance companies, and other appropriate
parties. The community's activities and performance are reviewed periodically. Ifit is not properly or fully implementing the credited activities, its credit points and possibly, its
CRS classification, will be revised. A community may add or drop creditable activities each year. Credit criteria for each activity may also change as more experience is gained in implementing,
observing, and measuring the activities. COSTS AND BENEFITS No fee is charged for a community to apply for classification or to participate in the CRS. Because there may be a cost to
implement the creditable activities, some communities may be concerned whether the cost of initiating a new activity will be offset by the flood insurance premium credits. It is important
important to note that reduction in flood insurance rates is only one of the rewards communities receive from undertaking the activities credited under the Community Rating System. Others
include increased public safety, reduction of damages to property and public infrastructure, avoidance of economic disruption and losses, reduction of human suffering, and protection
of the environment. Communities should prepare and implement those activities that best deal with the local flood problem, not just those items that are listed in the Schedule. In considering
whether to undertake a new activity, communities will want to consider all of the benefits the activity will provide (in addition to insurance premium credits) in order to determine
whether it is cost effective.
420 Open Space Preservation: Credit is ACTIVITIES provided according to the amount CREDITED UNDER ofvacant floodplain that is kept free from buildings and filling. THE COMMUNITY Higher
Regulatory Standards: RATING SYSTEM 430 Regulations that require new development to be protected to a level [Sections 100 and 200 cover other greater than the NFIP rules. topics in the
CRS Schedule] 440 Flood Data Maintenance: Make the 300 Public Information Activities community's floodplain maps more current, useful, or accurate. 310 Elevation Certificate:Maintain FEMA's Elevation Certificate and 450 Stormwater Management: Regumake copies available to inquirers. late new developments throughout the watershed to minimize their 320 Map
Determinations: Respond to impact on surface drainage andruninquiries for Flood Insurance Rate off. Map zone and flood data. 500 Flood Damage Reduction Ac-330 Outreach Projects: Advise
residents tivities about the flood hazard, flood insurance andflood protection measures. 510 Repetitive Loss Projects: Develop and implement a plan to mitigate 340 Hazard Disclosure:
Advise poten-losses in repeatedly flooded areas. tial purchasers of flood-prone property about the hazard. 520 Acquisition and Relocation: Purchase or relocate buildings and con-350
Flood Protection Library: Maintain vert flood-prone properties to open and publicize a library or references space. on flood insurance and flood protection. 530 Retrofitting: Credit
is provided according to how buildings have been 360 Flood Protection Assistance: Pro-retrofitted to protect them from vide direct advice to property own-flood damages. ers desiring
to protect themselves from flooding. 540 Drainage System Maintenance: Conduct periodic inspections and 400 Mapping and Regulatory maintain the capacities ofthe chan-Activities nels and
retention basins. 410 Additional Flood Data:Develop new 600 Flood Preparedness Activities flood elevations, floodway delineations, wave heights, or other reg-610 Flood Warning Program:
Provide ulatory flood hazard data. data. early flood warnings to the general public and special facilities. -70-
-71 -620 Levee Safety: Maintain levees that are not credited with providing base flood protection and develop emergency response plans for them. 630 Dam Safety: All communities in a
state with an approved dam safety program receive credit. For more information about CRS contact the Texas Water Commission, Dam & Floodplain Safety Section.
APPENDICES
· .
APPENDIX A FLOOD CONTROL and INSURANCE ACT (Subchapter I of Texas Water Code) SUBCHAPTERl. FLOOD INSURANCE Cross References Flood insurance, panicipation in federal program, see V.A.T.S.
Water Auxilia'1' Laws, an. 8280-13. Libra!")' References Insurance 4:=>404, 423(2). CJS. Insurance §§ 855 et seq., 888 et seq. § 16.311. Short Title This subchapter "may be cited as
the Flood Control and Insurance Act. Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff. Sept. 1, 1977. Historical Note Derivation: V.A.TS. Water Auxiliary Laws. an. 8280-13.
Acts 1969, 61st Leg.• p. 2313. ch. 782. § 1. § 1. § 16.312. Purpose The State of Texas recognizes the personal hardships and economic distress caused by flood disasters since it has
become uneconomic for the private insurance industry alone to make flood insurance available to those in need of such protection on reasonable terms and conditions. Recognizing the burden
of the nation's resources, congress enacted the National Flood Insurance Act of 1968, as amended (42 U.S.C. Sections 4001 through 4127), whereby flood insurance can be made available
through coordinated efforts of the federal government and the private insurance industry, by pooling risks, and the positive cooperation of state and local government. The purpose of
this subchapter is to evidence a positive interest in securing flood insurance coverage under this federal program and to so procure for those citizens of Texas desiring to participate
and in promoting the public interest by providing appropriate protection against the perils of flood losses and in encouraging sound land use by minimizing exposure of property to flood
losses. Amended by Acts 1977, 65th Leg.• p. 2207, ch. 870, § 1, efE. Sept. 1. 1977. Historical Note Derivation: V.A.TS. Water Auxiliary Laws. art. 8280-13, Acts 1969, 61st Leg., p. 2313,
ch. 782, § 2. § 2. -75-
§ 􀀱􀁾􀀮􀀳􀀱􀀳􀀮 Definitions In this subchapter: (1) "Political subdivision" means any political subdivision or body politic and corporate of the State of Texas and includes any county,
river authority, conservation and reclamation district, water control and improvement district, water improvement district, water control and preservation district, fresh water supply
district, irrigation district, and any type of district heretofore or hereafter created or organized or authorized to be created or organized pursuant to the provisiom of Article XVI,
Section 59 or Article III, Section 52 of the Constitution of the State of Texas; "political subdivision" also means any interstate compact commission to which the State of Texas is a
party, municipal corporation, or city whether operating under the Home Rule Amendment of the Constitution or under the General Law. (2) "National Flood Insurance Act" means the National
Flood Insurance Act of 1968, as amended (42 U.S.C. Sections 4001 through 4127), and the implementation and administration of the Act by the Secretary of the United States Department
of Housing and Urban Development. (3) "Secretary" means the Secretary of the United States Department of Housing and Urban Development.. Amended by Acts 1977, 65th Leg., p. 2207, ch,
870, § I, eff. Sept. I, 1977. Historical Note Derivation: V.A.T.s. Water Auxiliary Laws, art. 8280-13, Acts 1969, 615t Leg.• p. 2313, ch, 782, § 3. § 3. § 16.314. Cooperation of Commission
In recognition of the necessity for a coordinated effort at all levels of government, the commission shall cooperate with the Federal Insurance Administrator of the United States Department
of Housing and Urban Development in the planning and carrying out of state participation in the National Flood Insurance Program; however, the responsibility for qualifying for the National
Flood Insurance Program shall belong to any interested political subdivision, whether presently in existence or created in the future. Amended by Acts 19i7, 65th Leg., p. 2207, ch. 870,
§ 1, eff. SepL 1, 1977; Acts 1985, 69th Leg., ch, 795, § 1.051, eff. Sept. 1. 1985. Historical Note The 1985 amendment In the section heading Derlntlon: substituted" "Commission" for'
''Texas Depan-Acts 1969. 61s1 Leg.• p. 2314, ch, 782. § 4. ment of Water Resources" and in the section V.A.T.S. Water Auxilial")' Laws, art. 8280-13. substituted "commission", for "department".
§ 4. .. 76 ..
§ 16.315. Political Subdivisions; Compliance \J,,'ith Federal Require. ments All political subdivisions are hereby authorized to take all necessary and reasonable actions to comply with
the requirements and criteria of the National Flood Insurance Program, including but not limited to: (l) making appropriate land use adjustments to constrict the development of land
which is exposed to flood damage and minimize damage caused by flood losses; (2) guiding the development of proposed future construction, where practicable, away from a location which
is threatened by flood hazards; (3) assisting in minimizing damage caused by floods; (4) authorizing and engaging in continuing studies of flood hazards in order to facilitate a constant
reappraisal of the flood insurance program and its effect on land use requirements; (5) engaging in floodplain management and adopting enforcing permanent land use and control measures
consistent with the criteria established under the National Flood Insurance Act; (6) declaring property, when such is the case, to be in violation of local laws, regulations, or ordinances
which are intended to discourage or otherwise restrict land development or occupancy in flood-prone areas and notifying the secretary, or whomever he designates, of such property; (7)
consulting with, giving inform3tion to, and entering into agreements with the Department of Housing anti Urban Development for the purpose of: (A) identifying and publishing information
with respect to all flood areas, including coastal areas; and (B) establiShing flood-risk zones in aIr such areas and making estimates with respect to the rates of probable flood-cau!>ed
loss for the various flood-risk zones for each of these areas; (8) cooperating with the secretary's studies and investigations with respect to the adequacy of local measures in flood-prone
areas as to land management and use, flood control, flood zoning, and flood damage prevention; (9) .taking steps to improve the long-range management 2nd use of flood-prone areas; .
(10) 10) purchasing, leasing, and receiving property from the secretary when such property is owned by the federal government and lies within the boundaries of the political subdivision
pursuant to agreements with the Department of Housing and Urban Development or other appropriate legal representative of the United States Government; (11) requesting aid pursuant to
the entire authorization from the commission; (12) satisfying criteria adopted and promulgated by' the commission pursuant to the National Flood Insurance Program; and . (13) adopting
permanent land use and control measures with enforcement provisions which are consistent with the criteria for land management and use adopted by the secretary. Amended by Acts 1977,
65th Leg., p. 2207, ch. 870, § I, eff. Sept. 1, 1977; Acts 1985, 69th)..eg.. ·ch. 795, § 1.051, eff. Sept. 1, 1985. -77-
Historical Note The 1985 amendment in subd. (:!) insencd Derivation: "a"; in l:ubd. (11) substituted "commission" for Acts 1969, 61st Leg., p. 2314, ch. 782. § 5. "board"; and in subd.
(12) substituted "com· V.A.T.S. Water Auxiliary Laws, art. 8280-13, mission" for "department". § 5. 1. In general V.A.T.S. Water Auxiliary Laws. art. 8280-13 (see, now, § 16.311 et seq:)
authorized political subdivisions to enact land use regulations which had as their puri ·)se and effect compli. ance with requirements and criteria promul· gated pursuant to the National
Flood insur· ance Program; such regulations had no appli. cation outside areas designated by the Flood Insurance Administrator after that designation was made. Op.Atty.Gen.19i7, No.
H-978. V.A.T.S. Water Auxiliary Laws, art. 8280-13 (see. now, § 16.311 et seq.) did not empower the Texas Water Development BO.lrd to limit the grant of authority to political subdivisions
contained therein or to control activhies of In l;eneral 1 Notes of Decisions subdivisions outside the scope of that article. Id.A county had no present authority to enact land-use regulations
for flood·prone areas un· del' V.A.T.S. Water Auxiliary Laws, art. 82So-13 (see, now, § 16.311 et seq.), unless it qualified for participation in the National Flood Insurance Program
by June 30, 1970; counties that did qualify for the federal insur· ance program by that date had continuing au· thority to l'nact measures insofar as they were necessary to comply with
federal regulations promulgated pursuant to the National Flood Insurance Act. Op.Atty.Gen.1977, No. H-1011. The county may adopt flood hazard regula· tions one step at a time, such that
they apply only in federally designated flood. hazard ar· eas, without constituting a violation of the equal protection clause of the 14th amendment as a matter of law. Op.Atty.Gen.1985,
No. JM328. :", .... II i § 16.316. Coordination of Local, State, and Federal Programs by Commission (a) The commission shall aid, advise, and coordinate the efforts of present and future
political subdivisions endeavoring to qualify for participation in the National Flood Insurance Program. (b) Pursuant to the National Flood Insurance Program and state and local efforts
complementing the program, the commission shall aid, acl,vise, and cooperate with political subdivisions, the State Board of Insurance, and the United States Department of Housing and
Urban Development when aid, advice, and cooperation are requested or deemed ad\iisable by the board. (c) The aforementioned aid may include but is not necessarily limited to: (1) coordinating
local, state, and federal programs relating to floods, flood losses, and floodplain management; (2) evaluating the present structure of all federal, state, and political subdivision
flood control programs within or adjacent to the state, including an assessment of the extent to which public and private floodplain management activities have been instituted; (3) carrying
out studies with respect to the adequacy of present public and private measures, laws, regulations, and ordinances in flood-prone areas as to land management and use, flood control.
flood zoning, and flood damage prevention; (4) evaluating all available engineering, hydrologic, and geologic data relevant to flood-prone areas and flood control in those areas; a:nd
(5) carrying out floodplain studies and mapping programs of floodplains, flood-prone areas, and flood-risk zones. -78-
(d) On the basis of such studies and evaluations, the commission, to the extent of its capabilities. shall periodically identify and publish information and maps with respect to all
floodplain areas, including the state's coastal area. which have flood hazards. and where possible aid the federal government in identifying and establishing flood-risk zones in all
such areas. Amended by Acts 1977. 65th Leg.• p. 2207, ch. 870. § 1, eff. Sept. 1. 1977; Acts 1985. 69th Leg.• ch. 795. § 1.051. eff. Sept. 1, 1985. Historical Note The 1985 amendment
in the section heading V.A.T.S. Water Auxiliary Laws. art. 8280-13, and subsecs. (a). Cb), and Cd) substituted "com-§ 6. mission" for 􀁾􀁤􀁥􀁰􀁡􀁮􀁭􀁥􀁮􀁴􀀢􀀮 Derh'atlon: Acts 1969.
61st Leg.• p. 2315. ch. 782, § 6. § 16.317. Cooperation of State Board of Insurance Pursuant to the National Flood Insurance Program. the State Board of Insurance shall aid. advise.
and cooperate with political subdivisions. the commission. and the United States Department of Housing and Urban Development when such aid. advice. and cooperation are requested or deemed
advisable by the State Board of Insurance. Amended by Acts 1977. 65th Leg.• p. 2207. ch. 870. § 1. eff. Sept. 1. 1977; Acts 1985. 69th Leg.• ch. 795. § 1.051. eff. Sept. 1. 1985. Historical
Note The 1985 amendment substituted "commis· V.A.T.S. Water.Auxiliary Laws. an. 8280-13, sion" for "department". § 7. Derivation: Acts 1969. 61st Leg.• p. 2315. ch. 782, § 7. § 16.318.
Rules Political subdivisions which qualify for the National Flood Insurance Program. the State Board of Insurance. and 􀁴􀁨􀁾 commission may adopt and promulgate reasonable rules which
are necessary for the orderly effectuation of the respective authorizations herein. Amended by Acts 1977. 65th Leg.• p. 2207. ch. 870. § 1. eff. Sept. 1. 1977; Acts 1985. 69th Leg.•
ch.. 795. § 1.051. eff. Sept; 1. 1985. Historical Note The 1985 amendment substituted "commis· V.A.T.s. Water Auxiliary Laws. an. 8280-13, sion" for "board". § 8. Derivation: . Acts
1969, 61st Leg.• p. 2315. ch. 782, § 8. ·79·
§ 16.319. Qualification Derivation: Acts 1969, 61st Leg.; p. 2315, ch. 782, § 9. V.A.T.s. Water Auxiliary Laws, art. 8280-13, § 9. Political subdivisions wishing to qualify under the
National Flood Insurance Program shall have the authority to do so by complying with the directions of the Department of Housing and Urban 􀁄􀁥􀁶􀁥􀁬􀁯􀁰􀁾􀁥􀁮􀁴 and by: (l) evidencing
to the secretary a positive interest in securing flood insurance coverage under the National Flood Insurance Program; and (2) giving to the secretary satisfactory assurance that measures
will have been adopted for the political subdivision which measures will be consistent with the comprehensive criteria for land management and use developed by the Department of Housing
and Url:-an Development, and that the applica. tion and enforcement of such measures will commence as soon as technical information on floodways and on controlling elevations is available.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § I, efr. Sept. I, 1977; Acts 1977, 65th Leg., 1st C.S., p. 58, ch. 4, § 3, err. Sept. 1, 1977. Historical Note Acts 1977, 65th Leg.,
1st C.s., p. 58, ch. 4, § 3 limit provided in the Flood Control and Insur· rewrote the section heading. which read 'Time ance Act; provided, however, that any proceed. Limitation"; in
the opening paragraph, deleted ins or action taken under tbe Flood Control "and endeavor" and "by June 30, 1970," before and Insurance Act by a political subdivision and after "to do
so", respective!),; in subd. (2), which took action to qualify under Section 9 of deleted "by June 30, 1970, permanent land use that Act after June 30, 1970, and before the and control"
after "satisfactory' assurance that". effective date of this Act shall expire on the Section 2 of Acts 1977, 65th Leg., 1st c.s., p. 60th day after the effective date of this Act 58
h 'd unless the proceeding Clr action is reenacted by , c . 4, pro'"l es: the governing body 0 f the po1"mca1subdl'V"ISlon "All proceedings and actions of any political after the effective
date of this Act and before subdivision as defined in the Flood Control the 60th day after the effective date of this and Insurance Act with respect to panicipation ACL" in and compliance
with the National Flood Insurance Program under the Flood Control and Insurance Act are in all things and all respects ratified, confirmed, approved, and val· idated even though these
proceedings and actions may not have occurred within the time Notes of Decisions unauthorized actions by political subdivisions with respect to panicipation in national flood insurance
program, is valid exercise of legisla. tive authorit)'; it does not violate Const. An. I, § 16, and destroys any cause of action based on lack of legislative authority for actions ratio
fied. Op.Auy.Gen.197i, No. H-ll02. Valldlty 1 1. 􀁖􀁡􀁬􀁬􀁤􀁬􀁴􀁾􀀧 Section 2 of Acts 1977, 65th Leg., 1st C.S., p. 58, ch. -<. (now. this section) which ratifies past -80-
-81-APPENDIXB NFIP TERMINOLOGY being inundated by water from any source. 5. FLOOD FREQUENCY -This term refers to the probability of a flood of a certainmagnitude occurringin a given
year. For example, a 100-year flood has the probability of reaching a certain elevation once in a hundred years or a 1 percent chance of occurring in any given year. It must be noted
that flood frequency is a probability. Thus, it is possible for 100-year flood to occur three years in a row or not at all for 500 years. 6. ENCROACHMENT -Development offloodplains results
in the restriction of natural overflow areas that are needed by streams· during flooding conditions. Each development encroaches on the natural overflow area of the stream and increases
the Base Flood Elevation. Development of floodplains is consequently entitled, "encroachment." 4. BASE FLOOD ELEVATION -The level of flooding reached during the Base Flood is referred
to as the Base Flood Elevation (BFE). The elevation of the water surface is referenced to the National Geodetic Vertical Datum (NGVD) of 1929. In other words, a Base Flood Elevation
of 898 FT or 898 NGVD refers to a water surface elevation of 898 feet above NGVD. 2. BASE FLOOD-The Base Flood is referred to as the 100-yearflood andis a measure of flooding of a particular
magnitude that can occur in a certain time frame. The Base Flood has a 1% chance of occurring or being exceeded in any given year. 3. FLOODPLAIN -Areas inundatedby the Base Flood constitute
the base floodplain of a river, creek, ditch, or other source of flooding. This floodplain is also referred to as the Special Flood Hazard Area (SFHA), and it is the area in a community
where development mustbe regulated to conform to the standards of the NFIP. Any land area susceptible to 1. FLOODING -Flooding is a general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow ofinland or tidal waters or the unusual and rapid accumulation or runoff of surface waters from any source. Before getting involved
in administering a floodplain ordinance, there are some basic defInitions and terms associated with the National Flood Insurance Program (NFIP) that one should understand and be familiar
with: These and additional NFIP definitions are contained in the NFIP Regulations Section 59.1 and _ are subject to change.
-82-7. FLOODWAY -The floodway is the river channel plus any adjacent floodplain areas which are needed to carry the excess waters of the Base Flood without substantial increases in the
flood height. NFIP regulations limit this increase toone foot. 8. FLOOD FRINGE -The area in the floodplain outside of the floodway is called the flood fringe. It is the area of the floodplain
that can be developed without causing substantial increase (more that one foot) in the base flood elevation. 9. DEVELOPMENT -For purposes of the NFIP, development refers to any man-made
change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations
or storage of equipment or materials. 10. SUBSTANTIAL IMPROVEMENTS -For purposes of the NFIP, substantial improvement means any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the market value ofthe structure prior to damage damage or improvement. ll. LOWEST FLOOR-The lowest floor ofthe lowest enclosed area (including
basement). An unfInished or flood resistant enclosure, usable solely for parking ofvehicles, building access or storage in an area other than abasement area is not considered a building's
lowest floor; provided, that such enclosure is not built so as to render the structure in violation ofthe applicable non-elevation design requirements of Section 60.3. 12. FLOODPROOF
-Floodproofmg a structure means, any combination of structural or nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage. m. FLOOD HAZARD
BOUNDARY MAP (FHBM) -A FHBM is an official map issued by the Federal Insurance Administration (FIA), designating areas of special flood hazard within a given community. The map forms
the basis for both the regulatory.and insurance aspects for communities in the Emergency phase of the NFIP. 14. FLOOD INSURANCE RATE MAP (FIRM) -A FIRM is an official map issued by the
Federal Insurance Administration (FIA), designating areas of special flood hazard an<Vor flood insurance rate zones for a given community. The map forms the basis for both the regulatory
and insurance aspects for communities in the Regular phase of the NFIP. 15. A-ZONE-AnA-Zoneisfoundonboth FHBMs and FIRMs. A-Zones are areas which would be flooded by the Base Flood.
These areas maybe numbered as AO, AH, Al to A30, AE or A. Numbered A-Zones indicate a particular area's risk to flooding on FIRMs issued prior to 1987, when they were replaced by.AE
Zones. 16.FLOODINSURANCE STUDY(FIS)The FIS is the official report prepared bythe Federal Insurance Administration that contains flood profile, base flood water surface.elevations and
a Flood Boundary/Floodway Map for floodplain regulation purposes.
-83-17. FLOODPROFll.E-Afloodprofl1eis a graph which shows the relationship of the water surface elevation of a flood event to locations along a river or stream. 􀁾􀀮 􀁆􀁌􀁏􀁏􀁄􀁂􀁏􀁕􀁎􀁄􀁁􀁒􀁙􀁾􀁏􀁏�
�􀁗􀁁􀁙 MAP (FBFM) -The FBFM is a map which may be included with a Flood Insurance Study. It identifies the floodwayand, alongWith the FIS, provides the technical basis for floodplain
management. regulations. 19. FEDERALINSURANCE ADMINISTRATION (FIA) -The FIA is the federal office, located within FEMA, that has specific responsibility for administrating the NFIP.
20. FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) . FEMA is the agency with overall responsibility for the NFIP.
APPENDIXC SOURCES OF TECHNICAL ASSISTANCE l. TEXAS WATER COMMISSION 6. U.S. ARMY CORPS OF Dam & Floodplain Safety Section ENGINEERS P.O. Box 13087 Galveston District Austin, Texas 78711
P. O. Box 1129 (512) 463-7830 400 Barracuda, Room 141 .. Galveston, Texas 77553-1229 2. TEXAS DEPARTMENT OF (409) 766-3076 PUBUC SAFETY Division of Emergency Management 7. U.S. ARMY
CORPS OF P.O. Box 4087 ENGINEERS Austin, Texas 78773 Southwestern Division (512) 465-2138 1114 Commerce Street Dallas, Texas 75202 3. FEDERAL EMERGENCY (214) 749-2354 MANAGEMENT AGENCY
FEMA Region VI 8. U.S. ARMY CORPS OF Federal Regional Center ENGINEERS Denton, Texas 76201 Albuquerque District (817) 898-9125 P.O.'Box 1580 Albuquerque, New Mexico 87103 4. U.S.D.A.
SOIL CONSERVATION (505) 766-2627 SERVICE 101 South Main 9. U.S. ARMY CORPS OF Temple, Texas 76501 ENGINEERS (817) 774-1214 Tulsa District P.O. Box 61 5. U.S•.ARMY CORPS OF Tulsa, Oklahoma
74102 ENGINEERS (918) 581-7315 Ft. Worth District P. O. Box 17300 10. TEXAS PARKS & WILDLIFE Ft. Worth, Texas 76102 DEPARTMENT (817) 334-3207 4200 Smith School Road Austin, Texas 78744
(512) 389-4639 -85-
-87-APPENDIXD IDENTIFYING FLOODPLAIN AREAS AND USING FLOODPLAIN MAPS difficult to associate the delineation of a floodplain based on soils, physiography or vegetation with a particular
frequency of flooding. If applied properly, this method provides a sound technical and legal basis for adopting and administering floodplain management regulations. However, where it
is too costly to do so or where adequate flood data are lacking, other types ofmaps can be used. Municipalities utilizing these other types ofmaps are encoUraged to incorporate ordinance
provisions which require that the floodplain data be refined when considering individual permit applications. Since the National Flood Insurance Program uses hydrologic and hydraulic
analysis in preparing Flood Insurance Studies, it is helpful for those involved in the preparation and administration of floodplain management ordinances compliant with NFIP requirements
to have a general understanding ofhow these maps are developed. Simply stated, the science of hydrology is used to determine the amount of water which a river or stream must convey for
a given storm. This involves calculating the amount of runoff that can be expected to drain from the surrounding watershed. The principles of hydraulics There are a number of different
methods or techniques that can be used to map floodplains, including the analysis ofsoils, vegetation, physiography, flood of record and hydrologic and hydraulic factors. The type ofmapping
needed by a municipality will depend on many things, but, most importantly, it will depend upon the ultimate use of the map. FLOODPLAIN MAPPING MAPPING METHODS For regulating floodplain
development, a map developed through hydrologic and hydraulic analysis is preferable. The advantage of this method is that specific frequencies offlooding canbe selected for delineating
a floodplain. It is often The purpose of floodplain mapping is to identify and locate the floodplain. It becomes the "picture that is worth a thou--sand words." Without this, each inquiry
would have to be field checked, requiring extensive time and effort to determine whether a particular location is within the floodplain. Floodplain maps are the basis for implementing
floodplain management regulations.
-88-are applied to help determine how the river or stream channel will handle the flow and to what extent the excess water will spread over the floodplain when the flood is at its peak.
Specialized computer programs are used to perform most hydrologic and hydraulic computations. The following subsections give a brief description of the procedures involved in applying
these techniques to prepare floodplain maps. Step 1. Selecting a Flood Step 1 in the preparation of a floodplain map is to select a flood of a certain frequency of occurrence. The 100-year
frequency flood is the standard typically used throughout the United States. This means that there is one percent or 1 in 100 chance of this size of flood being equalled or exceeded
in any given year. A flood of this size could strike twice in the same year, butover a long period oftime should average out to occurring once in a hundred years. In more practical terms,
a property owner having a 30-year mortgage on a house located within a 100-year floodplain has a 25 percent chance of experiencing a flood equal to, or greater than, a 100-year flood
before the fmal mortgage payment is due. Step 2. Calculating Flood Flows (Hydrologic Evaluation) The data collected from rivers and streams that have stream gauging systems can be used
to compute flow in the stream for a 100-year flood. For example, this can be done by using the highest peak flow each year in a statistical analysis. Datapoints are plotted on a special
type of graph paper (log-probability) and a line is drawn through these data points. From that graph the flow for a particular frequency flood can be determined. The flow is usually
given in the number ofcubic feet ofwater that passes a given location in one second, abbreviated cfs. On the accompanying (Figure Dl), each dot represents the highest peak flowfor a given year for a sample stream. Each dot is placed on the chart based on its recurrence interval, which is basically the number of 􀁲􀁥􀁾􀁣􀁯􀁲􀁤􀁥􀁤 years divided by the number
of times over the recorded period that the particular flow has been equalled or exceeded. A line is drawn through the center axis of the dots and is used to project a given flow. Based
on this line, the flow for a 100-year flood would be 2,800 cfs. ESTIMATING FLOW When stream gauge records are not available or are incomplete, flood peaks must be estimated. Numerol;ls
equations for estimating the flood peak have been developed. Their applicability can vary over a wide range. Thus, it is important for the engineer to choose the procedure that best
fits the size and locality of the drainage basin. The techniques for large watersheds are usually based on gauged stream data that have been correlated to physical characteristics of
the drainage·basin. For example, the· Federal Highway Administration method takes into consideration drainage area, rainfall, difference in elevation of the main channel between the
most distant point in the watershed and the location of interest, the climatic zone and the percentage of surface water storage area in the watershed such as lakes, swamps, etc.
Discharge 1,600 CFS 2,000 CFS 2,800 CFS Flood Frequency A. 10 Year B. 50 Year C. 100 Year Figure D2.-Cross Section of Stream and Floodplain Step 3 -Preparing Field Measurements Once
the flow is known, the particular slope and shape (cross section) of the stream channel and adjoining floodplain are determined at numerous points. A cross section is a graphic picture
of a section of the stream and adjoining floodplain cut at right angles to the direction of flow (Figure D2). The best method is by actual field measurement, but the data maybe taken
from topographicmaps. Measurements of man-made encroachments such as dams, bridges and culverts are also obtained. Step 4 -Estimating Resistance to FlowThe resistance to the flow is
then needed to complete the data required to calculate the height of water. This resistance to flow, or roughness factor (called a roughness coefficient) is determined by analyzing the
character of the landscape. For example, a wooded floodplain would tend to hold back the water, causing a a higherflood levelthan a grassedfloodplain. 2 5 102050 100 1,000 90 70502010521
0.1 IIIII ,L--2-.8-00-cf-s -----------yI 8,00 6,00 ":E:l 60 u .: 'C-40 f.:.l : 20 • E􀁾0 ii: 10 99.9 􀁾 4,00 􀁾'CC.. 􀁾2,00 ., 􀁾 1,000 _:l aoPercent Probability of Flood Occurrence
In Any Year The equations for small watersheds of less than one-square mile are usually simpler in nature. For example, the Rational Method, a method commonly used in these circumstances,
uses three factors: the drainage -area, intensity of rainfall, and a coefficient of runoff. The coefficient of runoff is the percentage of rain that runs off the land compared to that
which actually falls. Experience and good judgment in choosing this coefficient is very important in estimating flows. Figure Dl.-Flow VS. Frequency Curve Average Recurrence I nterval
In Years -89-Whatever technique is used, a combination of the rainfall or stream flow records and the physical characteristics, of the drainage basin, such a soils, slope, vegetation
and land use, should should be taken into consideration.
-90-A smooth, concrete-lined channel will obviously convey water with less resistance than a channel strewn with large rocks and fallen trees. Man-made objects such as buildings, fences,
highways and bridges will all have an effect on resistance to the flow. Since each situation is unique, it is often difficult to estimate the roughness coefficient. However, if there
are known highwater marks, the roughness coefficient can be adjusted so the calculated water surface profile agrees with the highwater mark elevation. The equation then would give more
reliable elevations for the 100-year flow. Step 5 -Calculating Flood Height (Hydraulic Evaluation) Factors such as stream slope, shape of channel and floodplain, man-made obstructions
and natural obstructions are then used in conjunction with the frequency offlood flows (such as the 100-year flow) to compute the flood height. Step 6 -Preparing Profile The flood elevations
for each cross section are then plotted on a profile and the points are connected, (Figure D3). A profile is a graphic picture of a section of the stream as if it were cut lengthwise
down the centerline' giving a side view. The profile is related to the map by listing for each cross section it's distance up or downstream from a stated point. This distance from the
reference point can also be measured on the map. This is the next to last step in preparing a map ofthe floodplain. Step 7 -Delineating the Floodplain The last step is to translate from
the profile the height of flood at each crosssection onto a topographic map, (Figure D3). The flood elevation for each cross section is plotted on both sides of the stream and the points
are connected by lines following contours to showthe boundary of the floodplain. The reliability of the floodplain delineation is dependent on the accuracy of the data used to calculate
the elevation and accuracy of the topography and features shown on the floodplain map. For example, ifthe topographic maphas 5-foot contour intervals and the flood elevation was calculated
to the nearest one foot, a judgement has to be made where that elevation is located on the map. If that judgement causes a building to be in the ·floodplain, thenmore accurate data should
be obtained to check the validity of the decision. This is why it is important to know generally what data were used in preparing the floodplain map. FIAMAPS Floodplam mapping has been
carried on for some years by different agencies of the federal and state governments, but it was not until passage ofthe National Flood Insurance Act of 1968 that floodplain mapping
became a major effort nationwide. The Federal Insurance Adininistration (FIA)is responsible for preparingmaps offlood hazard areas as part ofits duties in administering the NFIP. The
remainder of this chapter explains the type of mapping FIA provides to· municipalities.
-91-Figure D3.-Flood Profile and Topographic Map along streams with drainage areas less than one square mile or flood hazard areas having widths of less than 200 feet. The FHBM also
shows the location of roads and highways, railroads, streams and municipal boundaries. Since the FHBMis designed to be used for insurance purposes as well as for municipal use, it identifies
"A" Zones (flood hazard areas) and "c" Zones (areas of minimal flood hazard) which are used by insurance agents to determine insurance rates. When a community receives a FHBM from FIA,
it must enact an ordinance regulating all future construction and development within the floodplain, based at a minimum, on the requirements of Section 60.3(a) and (b) of the NFIP Regulations
(See Chapter 3). STEP 7 • Floodplain Map A B c D I 1/I.; l/.J< L..oo .... l.o'" Ie . 800 The time and cost involved in prepar.. ing detailed floodplain maps made it impossible for FIA
to provide accurate mapping immediately for every flood-prone community. Consequently, the initial effort was aimed at providing Flood Hazard Boundary Maps (FHBM). Because of the lack
of detailed flood data and topographic information to serve as a basis for mapping, FHBMs only show the approximate area of the floodplain and do not show 100-year flood elevations.
810' STEP 6 • Profile FLOOD HAZARD BOUNDARY MAPS 820' In addition, not all flood hazard areas maybe delineated. For example, FIA does -not usually delineate flood hazard areas
-92-Locating A Site The FHBM must be used to identify properties subject to floodplain regulations. When it cannot be easily determined whether a property in question is actually within
the floodplain by inspecting the FHBM in the office, a field investigation should be conducted. By looking over the physical features of the area, it maybe possible to determine that
the site is obviously outside the identified floodplain. Ifthe determination cannot be made by a visual inspection, then a further investigation should be made. Locating a site and the
extent of flood hazard area by using the FHBM may require scaling. This is the technique of measuring a distance between two objects shown on the map, converting the map distance to
actual ground distance, and making the same measurements on the ground. Because there are relatively few details shown on the FHBM, it is best to measure from a clearly identifiable
point such as' a sharp bend in a road or the stream or an intersection oftwo roads, two streams, or a road and stream. It is also helpful to supplement the FHBM with other more detailed
maps such as a topographical map. This will aid in locating ground features on the FHBM and vice versa. Determining Flood Elevations Flood Hazard Boundary Maps do not show base flood
elevations, essential information needed to administer the elevation or floodproofing provisions of local floodplain management ordinances. Recognizing this limitation, FIA requires
municipalities to utilize any other existing 100-year elevation data that may be available from Federal or State agencies or from other reputable sources. The U.S. Army Corps of Engineers,
.the Soil Conservation Service and U.S. Geological Survey, conduct various water resources investigations and may have information which can be used to calculate the 100year flood elevations
for a particular site in question. Agency addresses and telephone numbers are contained in Appendix C. Another source is historical flood information. Elevations of past floods may be
obtained from newspaper articles, high water marks or from residents who remember the flood episode. The problem with using historical information is that it is often difficult to relate
a past flood event with a particular frequency or occurrence. Unless the frequency ratio of an historical flood can be verified to be close to a 100year flood event, caution should be
exercised in using the elevation data in regulating floodplain development. A municipality may want to require an applicant to have an engineer or other qualified professional calculate
the base flood elevation for a particular site. This is entirely acceptable provided that the methods used reflect currently accepted technical concepts. If these other sources are not
available, base elevations can be determined by using the Flood Hazard Boundary Map. The base flood level will be the ground elevation at the point on the boundary of the identified
floodplain which is nearest the construction site in question. Finding this point will require some field work and scaling from the FHBM. Once it is located on the ground, the actual
elevation ofthat point can be determined by calculating the number of feet above or below a point of knownelevation. This canbe accomplished by using a level.
-93-FLOOD INSURANCE STUDIES In urban and rapidly growing areas, FIA prepares Flood Insurance Studies (FIS) which provide more accurate and detailed flood information for a community
. to use in regulating floodplain development. AFlood Insurance Study includes a written report containing a description of a community's flooding conditions, flood profiles showing
500-,100-and 50-year flood elevations for each stream. reach studied in detail, and tabular data concerning the different characteristics ofthe floodway calculated for each cross section.
In addition, a Flood Boundary and Floodway Map (FBFM) and a Flood Insurance -Rate Map (FIRM) are prepared as part of the FIS. When a FIS is received, the municipality enters the Regular
Program. of the NFIP and additional insurance coverage is made available at actuarial rates. Upon enteringthe Regular Program. the municipality is required to adopt development regulations
which at a minimum meet the requirements of Section 60.3(c), (d), or (e) of the NFIP Regulations (See Chapter 3). FLOOD INSURANCE RATE MAPS The Flood Insurance RateMap (FIRM) is also
used for insurance purposes and shows the identified floodplain areas, base flood elevations, and the risk premium zones applicable to a community. The base flood elevations and risk
premium zones are used by insurance agents in conjunction with standard NFIP rate tables to determine premium rates for existing and new structures. FLOOD BOUNDARY AND FLOODWAY MAPS
The Flood Boundary and Floodway Map (FBFM) shows the delineation of 100year floodplains which are determined either by detailed study orby approximate methods. (The FBFM is used by municipalities
for regulatory purposes). An approximate floodplain is similar to a flood hazard area shown on a FHBM. Base flood elevations are not provided. As a result, development proposed within
these areas need only be regulated based on Section 60.3(a) and (b) requirements of the NFIP Regulations. A 100-year floodplain studied in detail is divided into two parts; the floodway
and the flood fringe. The' floodway is that portion of the base flood where the greatest flood depths and velocities normally occur. The NFIP defines the floodway as the channel of the
stream plus adjacent floodplain areas that must be reserved to discharge the base flood without cumulatively increasing'the water surface elevation more than a designated amount (normally
1 foot). The flood fringe is the remainder of the floodplain where flood waters are shallow and slow moving. Base flood elevations for detailed areas are shown on the flood profiles
contained in the FIS report. Development regulations applied to a floodplain studied in detail must, at a minimum, meet Section 60.3(c), (d) or (e) of the NFIP Regulations; as appropriate.
Along those stream. segments studied in detail, the FBFMalso shows the boundary of the 500-year flood, cross sections where various measurements are taken of the floodway, and reference
marks which can be used in determining elevations.
-94-The FBFM also shows roads and highways, railroads, municipal boundaries and streams. Locating A Site Locating a site onthe Flood Boundary and Floodway Map should be done by obtaining
the distance on the ground between the site and one or more points, for example, the centerline of the stream channel, a benchmark, centerline of a street, etc., shown on the floodway
map. From these points, the site can be plotted on the FBFM with distances converted to the map's scale. Once one location is set, it can be determined whether the location is within
the floodway, fringe area or out ofthe 100year floodplain completely. To determine the location of a floodway boundary, measure the map distance from one or more identifiable points
to the floodway boundary. This may have to be done in several locations to establish a curving boundary. Using the map scale, convert these distances, then go into the field and measure
the distances from the identifiable objects to the boundary. Care has to be taken to use the proper directions if a point is not tied down with a second distance. Due to inaccuracies
of the base map, scaling may not always be correct.. If the floodway boundary runs through a building by using the scaling method, attempt to verify the boundary with better information.
Determining Flood Elevations Flood profiles and floodway data for a given location are examples of the type of flood information contained in Flood Insurance Study Reports. The stream
distance scale given on the flood profile is the same as the distance column of the floodway data table. The cross sections listed on the table refer to the same keyed items onthe FloodBoundary
and Floodway Map and on the flood profile. [The elevation of the 1OO-year flood should be taken from the flood profile.] In some cases it may differ from the floodway data because ofbackwaterconsider
ations. Forexample, bridges and other obstructions may cause damming, which raises water levels and is known as a back water effect. The most common way of locating the site on on the
profile is by knowing the distance up or downstream from a cross section. Relating the base flood elevation to the actual site can be the most time consuming work in the enforcement
of the ordinance. The problem usually is rmding a point ofknown elevation (reference mark or benchmark) close to the site. The Flood Boundary and Floodway Map will show some reference
marks. There are also U.S.G.S. and U.S.C. & G. S. monumentedbenchmarks and possibly, local resources such as sanitary sewer, road construction, subdivision and public facility plans.
Itis very important that the datum. ofthe benchmarkis the same as the floodplain study. Monumented benchmarks are circular metal plaques placed to show a point ofknown elevation. Iflocal
records are used, construction plans which show how something was actually built as
-95-opposed to what may have been planned beforehand are preferable. These are commonly referred1to as "as-built" plans. APPEALSAND AMENDMENTS When FIA initially completes a FIS, copies
are sent to the community and a 90day appeal period is initiated in which the municipality or affected persons can contest the determination of the base flood elevations on technical
grounds. Only appeals which can adequately demonstrate that the information is technically inaccurate are considered. Individuals may sub.mit an appeal to the governing body who, -in
turn, forwards it on to FIA for review. Amendments to maps can be made after the study is completed if a change in the flood hazard warrants such action or if it can be clearly demonstrated
that a boundary delineation is incorrect. The amendment procedures for FBFMs and FIRMs are the same as those required for FHBMs. It should be noted that the publication and reprinting
ofmaps and studies is costly. Municipalities are encouraged to save as many copies ofthese documents as possible and to hand them out judiciously, if at all. A copy of the map displayed
prominently in the municipal building should take care of most .inquiries concerning floodplain information. -OBTAINING MAPS AND STUDIES When FIA prepares maps for a community, copies
are sent to the local Floodplain Administrator or to the Chief Elected Official. Additional copies of FHBMs, FBFMS and FIRMs maybe obtained by contacting the Flood Map Distribution Center
at 1-800-333-1363.
APPENDIXE SAMPLE PERMITS
ooo ELLIS COUNTY DEVELOPMENT PERMIT APPLICATION $20.00 PERMIT FEE PUBLIC WORKS ADMINISTRATOR Ellis County Courthouse Waxahachie. Texas 75165 STATE OF TEXAS COUNTY OF ELUS APPLICATION
NUMBER _ I. NAME OF APPLICANT: 􀁾 _ MAILING ADDRESS: 2. LOCATION OF PROPERTY (complete as appropriate) If located in a subdivision: Name of Subdivision Section No. Block No. Lot No.
If NOT located in subdivision: Name and No. of Survey/A6stratt Location Description (Attach a vicinity map) Acreage -3. NATURE OF PROPOSED CONSTRUCTION (check and complete as appropriate)
) Residential () Non-Residential () Other () Placement ofFill ) Alteration of a Natural Waterway or Drainage Course 4. DESCRIPTION OF PROPOSED CONSTRUCTION (check and complete as 􀁡􀁰􀁰􀁲􀁯􀁰􀁲􀁩􀁾􀁴
􀁥􀀩 ) Other_-----....;.,..-------------) Commercial _ (Name and Type of Business) ) House ( ) Mobile Home (Specify) ( ) Substantia,llmprovelllent to Existing Structure ( ) Non-Residential
--'---'-_ ( ) New Construction ((( WARNING: Pie.. reId·and acknowledp. The Rood hazard boundary maps and other Rood data used by the County Adminisuator in evaluating Rood hazards to
proposed developments are .considered reasonable and accurate for reJUlatory purposes and are based on the best available scientific and engineeringdatL On rare occasions greater Roods
can and will occur and Rood heights may be increased by man-made or natural causes. Issuance of an exemption certificate does not .imply that developments outside the identified areas
of special flood hazard will be free from flooding or flood damage. Issuance of an exemption certificate shall not create liabUity on the part of Ellis County. the County Administrator
or any officer or employee of Ellis County in the event "ooding or flood damage does occur. Signature _ S. APPLICANT WILL PROVIDE ONE COpy OF PLANS AND SPECIFICATIONS OF THE PROPOSED
CONSTRUCTION. IF IN A FLOOD PLAIN. . FOR USE BY COUNTY ADMINISTRATOR IS THE PROPERTY LOCATED IN AN IDENTIFIED FLOOD HAZARD AREA? IS ADDITIONAL INFORMATION REQUIRED? . ARE OTHER FEDERAL,
STATE OR LOCAL PERMITS REQUIRED? ARE OTHER COUNTY REGULATIONS APPLICABLE? . ( ) 􀁅􀁘􀁅􀁾􀁉􀁐􀁔􀁉􀁏􀁎 CERTIFICATE ISSUED ( ) PERMIT APPLICATION APPROVED ( )PER.\IIT APPLICATION REJECTED
County AdminisUator or Assistant County Administrator ·98· ( ) Yes ( ) No ( ) Yes ( ) No ( ) Yes ( ) No ( ) Yes ( ) No Date
-99-Acknowledgement of Warning by Applicant Copy. County Treasurer Copy -Developer/Builder Name or Subdivision Section No. . Block No. Lot No. If NOT located in subdivision: COUNTY OF
ELLIS THIS CERTIFICATE EXEMPTS THE APPLICANT FROM DEVELOPMENT STANDARDS REQlJIRED.BY ELLIS COUNTY FLOOD PLAIN 􀁾􀁉􀁁􀁎􀁁􀁇􀁅􀁍􀁅􀁎􀁔 REGULATIONS. WORK IS HEREBY AUTHORIZED TO PROCEED
ON THE FOLLOWING DESCRIBED PROPERTY: Name and No. of Survey/Abstract Acreage THE COUNTY ADMINISTRATOR HAS REVIEWED THE PLANS AND SPECIFICATIONS OF THE PROPOSED DEVELOPMENT AND DESIRES
TO MAKE THE FOLLOWING RECOMMENDATIONS FOR ()EVEL. OPMENT OR DESIGN ALTERATIONS: . Sipat\ire of County Adminis!1'ator or A$sistant County Administrator Date of Issuance _ ELLIS COUNTY
􀁄􀁅􀁖􀁅􀁌􀁏􀁐􀁾􀁴􀁅􀁾􀁔 PERMIT 􀁅􀁘􀁅􀁾􀁦􀁐􀁔􀁉􀁏􀁎 CERTIFICATE STATE OF TEXAS WARNING: The flood hazard boundary maps and other nood data used by the County Administrator in evaluating.
flood hazards to proposed developments are considered reasonable and accurate for regulatory purposes and are based on 􀁴􀁨􀁾 best available scientific and engineering data. On rare
occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This exemption certificate does not imply that developments outside the
identified areas of special flood hazard will be free from· flooding or flood 􀁤􀁡􀁭􀁡􀁧􀁥􀁾 Issuance of this exemption certificate shall not create liability on the part of Ellis County,
the County Administrator or any officer or employee of Ellis County in the event flooding or flood damage does occur. oo APPLICATION NO. 0 NA.\IE OF APPLICANT _ THE ABOVE NAMED APPLICANT
AP·PLlED FOR A DEVELOPMENT PERMIT ON _ THE APPLICATION HAS BEEN REVIEWED BY THE COUNTY ADMINISTRATOR AND IT IS HIS DETER· 􀁾􀁮􀁎􀁁􀁔􀁉􀁏􀁎 THAT THE PROPOSED DEVELOPMENT IS NOT WITHIN
AN IDENTIFIED FLOODPLAIN OF ELLIS COUNTY.
STATE OF TEXAS COUNTY OF ELLIS ELLIS COUNTY NOTICE TO DEVEWPMENT PERMIT APPLICANT oo APPLICATION NO. 0 NAME OF APPLICANT ----, _ THE ABOVE NAMED APPLICANT APPLIED FOR A DEVELOPMENT PERMIT
ON .THE APPLICATION HAS BEEN REVIEWED BY THE COUNTY ADMINISTRATOR AND IT IS HIS DETERMINATION THAT THE PROPOSED DEVELOpMENT IS LOCATED WITHIN AN IDE:"tlTIFIED FLOOD PLAIN OF ELLIS COUNTY.
THE COUNTY ADMINISTRATOR HAS REVIEWED .PLANS AND SPECIFICATIONS OF THE PROPOSED DEVELOPMENT FOR CONFORMANCE WITH THE DEVELOPMENT STANDARDS REOUIRED BY ELLIS COUNTY FLOOD PLAIN MANAGEMENT
REGULATIONS. 􀁾 BASED ON THIS REVIEW, THE COUNTY ADMINISTRATOR DEEMS IT APPROPRIATE TO: ( ) APPROVE THE APPLICATION FOR DEVELOPMENT ( ) REJECT THE APPLICATION FOR DEVELOPMENT CONDITIONS
FOR APPROVAL/REASONS FOR REJECTION ARE AS FOLLOWS: WARNING: The flood hazard boundary maps and other flood data used by the County Administrator in evaluating flood hazards to proposed
developments are considered reasonable and accurate for regulatory purposes and ate based on the best available scientific and engineering data. On rare occasions, greater floods can
and will occur and flood heights may be increased by man-made or natural causes. Construction standards required by Ellis County Flood Plain Management Regulations are the minimum standards
deemed necessary to minimize or eliminate flood damage,· but reliance on these minimum standards shall not create liability on the part of Ellis County, the County Administrator or any
other officer or employee of Ellis County in the event flooding or flood damage occurs. I, the undersigned applicant, do hereby: ( ) acknowledge the warning and disclaimer of liability
of the County: ( ) agree with the conditions of permit approval; ( ) agree to construct my development in strict compliance with the specified conditions once a permit has been issued;
( ) agree to provide certifications of work as may be required; OR ( ) disagree with the reasons for rejection of my application and desire to make a formal appeal to the Ems County
Commissioners Court. ( ) disagree with the conditions for approval of a development permit and desire to make a formal appeal to the EUis County Commissioners Court. . Signature of applicant
County Administrator ·100· Date Date
NAME OF PERMITTEE _-'--_-'-_ THE ABOVE NAMED PERMITTEE APPLIED FOR A DEVELOPMENT PERMIT ON _ THE APPLICATION HAS BEEN REVIEWED BY THE COUNTY ADMINISTRATOR AND IT IS HIS DETERMINATION
THAT THE 􀁐􀁾􀁏􀁐􀁏􀁓􀁅􀁄 DEVELOPMENT IS LOCATED WITHIN AN IDEl':TlrIED FLOOD PLA!N OF ELLIS COUNTY. THE COUNTY ADMINISTRATOR HAS REVIEWED PLANS AND SPECIFICATIONS OF THE PROPOSED DEVELOPMENT
FOR CONFORMANCE WITH THE DEVELOPMENT STANDARDS REQUIRED BY ELLIS COUNTY FLOOD PLAIN MANAGEMENT REGULATIONS. YOU ARE HEREBY AUTHORIZED TO PRO· CEED WITH THE FOLLOWING DESCRIBED WORK:
---'-_-'--_ ON THE FOLLOWING DESCRIBED PROPERTY: TO MAINTAIN COMPLIANCE WITH THE DEVELOPMENT STANDARDS OF ELLIS COUNTY FLOOD PLAIN MANAGEMENT REGULATIONS AND TO ELL\1INATEOR MINIMIZE
FLOOD DAMAGE POTENTIAL TO THE PROPOSED DEVELOPMENT, YOU ARE HEREBY DIRECTED. TO CONSTRUCT YOUR PROPOSED DEVELOPMENT IN ACCORDANCE WITH THE FOLLOWING SPECIAL PROVISIONS: ( ).For residential
structures, the lowest floor (including basement) must he elevated to fcet mean Sea level. ( ) For non-residential structures, the lowest floor (including basement) must be elevated
or floodproofed to. feet mean sea level. ( ) Pennittee must submit a certification from a registered professional engineer, architect, or land surveyor that the finished floor level
of the residential structure has been constructed at the specified elevation. ( ) For non-residential floodproofing, a registered professional engineer or architect must certify that
the flood proofing methods are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the base flood. ( ).The foundation
of the structure must as a minimum comply with the specifications attached. ( )The materials used in the structure must be from the list attached. ( )The water supply inlet and sanitary
sewage outlet must have an automatic back water or back now device 􀁾􀁲􀁴􀁡􀁬􀁫􀁤􀀮 . ( ) Provide a certified copy of all final plans or as-built drawings to the County Administrator.
( )Othcr provisions (see attached list) Acknowlcdgement of conditions by pennittee 􀁦􀀮􀁾􀁾 \ ....., ....j. 􀂷􀂷􀂷.􀂷..􀁾...􀀢..􀁬..􀀺...􀁸􀁾􀀿 Date Date -101 -ELLIS COUNTY DEVELOPMENT
􀁐􀁅􀁒􀁾􀀱􀀱􀁔 Copy -County Treasurer Copy. O("\'e1oper/Builder COUNTY OF ELLIS oo APPLICATION NO. 0 PERMIT NO.--'-----0 Signature of County Administrator STATE OF TEXAS
I . ELLIS COUNTY Permit Noe ----,----_ ..... o􀁾 This Permit must be posted on Foundation, Frame or Front of Construction. 􀀬􀁾􀀺􀀮􀀧 . ,:::::.-;,:,;. '.,.' ',," .. 􀁾􀀻􀀬􀀧􀀾 Jimmy
M. Reavis Public Works Administrator Ellis County Waxahachie, Texas 75165 . 214/937-8630 '; . .".',
APPENDIXF PERMIT REVIEW CHECKLIST
4. What is the Base Flood Elevation (or depth number) at the development site? PERMIT REVIEW CHECKLIST 2. Is permit application complete? o Appropriate spaces are filled out. o Attached
plans adequately describe the proposed development. o Elevations of the lowest floor of proposed structures are provided. o Required certificates (for floodproofmg methods) are attached,
signed and sealed. o Base Flood Elevation data is provided for large subdivision proposals. o Fee is paid. __ No ___ No __Yes Does proposed development require other permits? __ Yes
o They are attached. Is development site in the Special Flood Hazard Area? Permit No. _ 3. 1. How does this compare to the lowest floor elevations? _ 5. Does proposed development meet
NFIP General Standards? o Construction materials and methods resistant to flood damage. o Anchored properly. o Utilities safe from flooding. o Subdivisions designed to minimize flood
damage. o Encroachments-proposed action will not obstruct flood waters. Specific Standards? o Lowest Lowest floor elevate<Vfloodproofed to or above BFE 6. Is proposeddevelopment in disignated floodway? __. _ Yes __No If yes, has applicant demonstrated that development will result in NO increase in flood heights? __ Yes No ., Local Administrator -105
-RECOMMENDATION o Grant Permit Date o Request additional information o Deny Permit