MT 1, MT 2, Elevation Certificates the ofJill)_2016_Rocky... · The construction of a residential...

12/6/2011

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MT‐1, MT‐2, Elevation Certificates & the Role of Surveyors

Rocky Mountain Surveyors Summit

March 3, 2016

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“Floods are acts of God, but flood losses

are largely acts of man.”

- Dr. Gilbert Whitethe father of floodplain management

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another way to say it….

“Building in a floodplain is like

pitching your tent on a highway

when there are no cars coming.”

Dr. Vicki Miller, University of Montana

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National Flood Insurance Program

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Definitions & Acronyms FIRM - Flood Insurance Rate Map: The official map in which FEMA

has delineated flood hazard areas applicable to the community.

FIS – Flood Insurance Study: The report that supports the FIRM.

SFHA - Special Flood Hazard Area: The land within a community subject to a one-percent or greater chance of flooding in any given year.

BFE - Base Flood Elevation: The water surface elevation of the flood having a one percent chance of being equaled or exceeded in any given year.

LOMC - Letter of Map Change: An amendment or revision through the MT-1 or MT-2 process.

• LOMA

• LOMR-F

• LOMR

CLOMR – Conditional Letter of Map Revision: FEMA’s comment on a proposed project. Does NOT revise the effective FIRM.

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Definitions ‐ continued Basement: Any area of a building having its floor subgrade (below ground

level) on all sides.

Enclosure: Enclosed/walled areas below an elevated building used only for building access, vehicle parking, and/or storage that automatically equalizes hydrostatic pressure.

Lowest Floor: The lowest floor of lowest enclosed area (including basement and crawl space).

• See Building Diagrams in the Elevation Certificate

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Fill Fill: Defined as any material that is brought in, used or grading that as

a result has elevated that existing conditions above the elevation of what it use to be.

• The common construction practice of removing unsuitable existing material (topsoil) and backfilling with select structural material is not considered the placement of fill if the practice does not alter the existing (natural grade) elevation.

• Fill that is placed before the date of the first NFIP map showing the area in a SFHA is considered natural grade.

Check with the Community Status Book to determine when the community entered the NFIP.

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Floodway

Means the Channel of the Watercourse and the adjacent overbank land areas that must be reserved in order to discharge the Base Flood Elevation without cumulatively increasing the water surface elevations more than a designated amount.

Sometimes referred to as the “Regulatory Floodway”.

No development unless demonstrated through a hydrologic and hydraulic analysis that it causes a 0.00’ rise.

CLOMR

You may be asked to survey pre & post project fill!

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Floodway Schematic

SURCHARGE

FLOODWAYFLOODWAYFRINGE

FLOODWAY + FLOODWAY FRINGES = FLOODPLAINSURCHARGE NOT TO EXCEED 1.0 FOOT

100-YEAR FLOODPLAIN

0.5’ on Colorado

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Flood Zone Designations

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Flood Insurance

Flood is not typically covered under standard homeowners policy.

May be required by the property owner’s lender if there is a federal backed loan.

Rates usually equal the risk.

Write Your Own (WYO)

25% of historic claims are outside the SFHA Do you have a policy?

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Pre‐ or Post‐FIRM

http://www.fema.gov/national-flood-insurance-program-community-status-book

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Floodplain ManagementFEMA does not regulate floodplains, this is a

local responsibility!

44 CFR 60.3

New and Substantial Improvements must be built “floodsafe”

Higher Standards• Colorado Rules and Regulations for Floodplains

Permit is required for all “development” in the SFHA

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Development

“Any man‐made change to improved or unimproved real estate, including but not limited to buildings or other structres, mining, filling, grading, paving, excavation, drilling operations or storage of equipment or materials.”

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Flood Hazard Boundary Map: FHBM

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Flood Insurance Rate Map: FIRM

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Flood Insurance Study: FIS A Flood Insurance Study is a

book that contains information regarding flooding in a community and is developed in conjunction with the FIRM and FHBM

The FIS contains flood profiles, floodway data tables, summaries of elevations as well as a narrative of the flood history of a community and discusses the engineering methods used to develop the FIRMS

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Floodway Data Table

Presents the results of the

floodway analysis at the cross sections shown on the

FIRM or FHBM

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Flood Profile

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Determining a BFE

When determining a

BFE for a property or

structure, the FIRM and

Profile should be utilized.

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Determining a BFE

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Determining a BFE in a Zone A

FEMA 265

• Simplified Methods

Contour Interpolation

Data Extrapolation

• Detailed Methods

Quick 2

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Data Extrapolation

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Data Extrapolation

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Data Extrapolation

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Map Service Center: www.msc.fema.gov

Current Effective FIRM & FIS

Preliminary Information

Historic Information

LOMCs

GIS Databases

FREE DOWNLOADS!!

https://msc.fema.gov/portal/howto

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Map Service Center

Search by address

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Map Service Center

or search by product

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Arvada Center

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Arvada Center

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Creating a FIRMette Move highlighted box to select area to include in

FIRMetteSelect Scale and Title Block

Choose format –PDF or TIF

Don’t forget to select page size!!!

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Finished FIRMette

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FIRMette tutorial

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Possible base map issues

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National Flood Hazard Layer

Interactive

Community must have digital data

Google Earth

FEMA’s Geoplatform

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Geoplatform

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Geoplatform – Arvada Center

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Geoplatform – Arvada Center

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Geoplatform‐ Denver

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Letters of Map Change: LOMC The boundaries for the SFHAs on the NFIP maps are prepared using the best

topographic data available. Due to limitations of scale or topographic definition of the source map used to prepare a community’s NFIP map, a property may be shown within the SFHA, but be on ground that is actually above the BFE for the site. As a result, the LOMC process was developed to amend or revise the published community maps by letter.

FEMA has established several types of map changes. Changes that revise BFEs or published floodway information are Letters of Map Revision (LOMRs) and Physical Map Revisions (PMRs). Changes that do not revise BFEs include Letters of Map Amendments (LOMAs) and Letters of Map Revision Based on Fill (LOMR-Fs). In addition, FEMA provides comments on proposed projects, these conditional LOMCs do not amend or revise the effective NFIP maps.

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LOMC Types Amendments:

• Structures or legally defined parcels

• Does not involve H&H analysis (Unless Zone A)

• Requires submittal of MT-1 Forms• Does not involve changes in BFE• Can not be used for properties in an

Alluvial Fan

Revisions:

• More complex map changes

• Not usually lot or structure specific• Typically involves H&H analysis

• Requires submittal of MT-2 Forms

MT-1

LOMA

LOMR-F

Conditional

LOMR-FW (Floodway)

MT-2

PMR

LOMR

Conditional

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Amendments (MT‐1)

Letter of Map Amendment (LOMA)

• Request for exclusion of individual structure(s) and or legally defined parcel(s) of land that were inadvertently included in the SFHA

• Process outlined in Part 70 of NFIP Regulations

Letter of Map Revision Based on Fill (LOMR-F)

• Request for exclusion of individual structure(s) and or legally defined parcel(s) of land that were elevated by earthen fill

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Amendments (MT‐1)

Conditional Letter of Map Amendment (CLOMA)• A letter from FEMA stating that a proposed structure that is not to be elevated by

fill (natural grade) would not be inundated by the base flood if built as proposed.


Conditional Letter of Map Revision Based on Fill (CLOMR-F)

• A letter from FEMA stating that a parcel of land or proposed structure that will be elevated by fill would not be inundated by the base flood if fill is placed on the parcel as proposed or the structure is built as proposed.


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Conditional LOMA or LOMR‐F

CLOMA or CLOMR-F:

• Does not amend the NFIP map

• NOT a building permit!

• Simply a comment document stating whether a structure/parcel of land will be safe from flooding if built as proposed

• Mostly the same data requirements as LOMA or LOMR-F request, but with proposed data

• CLOMR-F must show compliance with the Endangered Species Act

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Would this Structure likely be removed from the SFHA? Why?

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Letter of Map Amendment: LOMALetter of Map Amendment: LOMA

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LOMA Data Requirements

Completed MT-1 Property Information Form 1 (or MT-EZ)

Copy of the NFIP Map indicating the subject property location

• FEMA Map Service Center – view effective FIRM and create FIRMette

Copy of recorded Deed or Plat map

Copy of tax map showing property location

Completed MT-1 Elevation Form or Elevation Certificate

Metes & bounds description and map, if request is for portion of property

BFE, and supporting data, if in unnumbered Zone A• FEMA will determine if no BFE is provided but will be conservative.

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Legal Description of Deed

Recorded Deed

Can be based on recorded deed or recorded plat

Must be from the County, not from a title company

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Legal Description of Deed

Lot 16, Block 3 Kingsborough Subdivision Filing No. 6, as described in the Warranty

Deed recorded as Reception No. 02143120, in the Office of

the Register of Clerk and Recorder, Arapahoe County,

Colorado

Legal Description from Deed

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Legal Description of a Plat

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Requirements for Metes and Bounds

Description of portion of property above 1% annual chance flood elevation and accompanying map (one must be certified by a professional surveyor or engineer)

Certified elevation for lowest point within metes and bounds

The metes and bounds description must match that of the map

Descriptions are incorporated into legal description with phrase:

• “… the portion is more particularly described by the following metes and bounds”

The MT-EZ and the MT-1 instructions contain examples of the standard metes and bounds description

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Metes and BoundsMetes and bounds map or

description must be certified

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Common Problems of Metes and Bounds

Map and written description do not match

Topographic map submitted shows portion of metes and bounds below BFE

Metes and bounds are not certified

No tie-in to Point of Beginning

Starting and ending points do not come together

May cause issues with lenders for insurance purposes

Point of Commencing not displayed on the map• Point of Commencing not a definable point

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Metes and Bounds Determination

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Tax Assessor’s Map

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Survey and/or Site Plan

Required for most requests where property is located in floodway

Must be certified

Must include scale, North arrow, and vertical datum

May be required for a submittal for an Out-As-Shown submittal

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What about basements and crawlspaces?

Any area of the building having its floor subgrade (below ground level) on all sides is considered a basement, unless it meets the definition of a crawlspace.

The construction of a residential building in an identified SFHA with the lowest floor below the BFE is a violation of the floodplain management requirements set forth in CFR 60.3(c)(2)

Basements below the BFE are only allowed in communities that have obtained a basement exception from FEMA.

Floodproofed non-residential basements are allowed.

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What about basements and crawlspaces?

Technical Bulletin 11-01

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Building Diagram 9 and TB 11‐01

•Per Technical Bulletin 11-01, some distinguishing features are:

• The interior grade of the crawlspace cannot be more than 2 feet below the LAG •Shown as item D in the diagram on the left

•The difference between the crawlspace elevation and that of bottom of floor joist cannot exceed 4 feet

•Shown as item L on above diagram•This limitation will prevent crawlspaces from being converted into habitable spaces•The height limitation was determined using engineering analyses and building code requirements for flood hazard areas (page 7 of Technical Bulletin 11-01)

•Further restrictions apply and should be referenced to Technical Bulletin 11-01•This pertains more to community compliance and documentation

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BFE

Letter of Map Revision based on Fill: LOMR-F

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Letter of Map Revision Based on Fill

Revision to the SFHA with no change to the BFE

In areas with special flood hazard, it may be feasible to elevate areas with fill above the BFE

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Criteria for a LOMR‐F If structure is involved:

LAG and lowest floor 1 percent annual chance flood elevation

Community must sign the Community Acknowledgement Form

Fill must be engineered Compaction Erosion protection

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LOMR‐F Data Requirements

In addition to LOMA Data requirements, need:

• Completed MT-1 Form 4 (Community Acknowledgement Form)

• Appropriate Fee

• If applying for a CLOMR-F, need ESA documentation

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MT‐1 Review by FEMA

FEMA is required to notify the applicant in writing within 60 days form the date of receipt of all data

Requesters may check on status of all Letter of Map Change requests by contacting the FEMA Map Information eXchange toll-free at 877-FEMA MAP (336-2627).

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Determination Document

Once you get a determination, make sure to read the entire document.

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Conditional Letter of Map Amendment: CLOMA

Extremely Rare….. Probably better to submit traditional LOMA.

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Conditional Letter of Map Revision based on Fill: CLOMR‐F

FEMA’s comment on a proposed project

Does not change the map nor remove the requirement for flood insurance

Must be followed up with a LOMR-F

Compliance with the Endangered Species Act (ESA)

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ESA Compliance ESA compliance must be documented to FEMA prior to the issuance of all

CLOMR-Fs (required for all requests received on or after October 1, 2010).

FEMA must receive confirmation of ESA compliance from the U.S. Fish & Wildlife Service (USFWS) or National Marine Fisheries Service (NMFS), collectively referred to as “the Services”.

Once the required ESA documentation is received, the data will be sent to the FEMA Area E PAM for concurrence. Once concurrence is received from FEMA, processing of the case can resume.

Acceptable documents demonstrating ESA compliance include the following:

• Incidental Take Permit

• Incidental Take Statement

• “Not likely to adversely affect” determination from the Services, or

• Documentation that the project has “No Effect” on listed species or critical habitat

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Additional Data

In certain instances, additional data that are not referenced on the MT‐1 or MT‐EZ forms may be required

• Grading plans, building permits, cross sections, etc.

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A special note about alluvial fans

An alluvial fan is characterized by

high-velocity flows; active processes of

erosion, sediment transport, and deposition, and unpredictable

flowpaths

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Alluvial fan on a FIRM

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Alluvial Fans and LOMCs

FEMA issues LOMC upon determining properties/structures should not be included within a SFHA The procedures that result in the issuance of LOMCs are provided in Parts 65

and 70 of the NFIP regulations

In areas subject to alluvial fan flooding, the provisions of these parts do not apply See Paragraph 65.13B of the NFIP regulations

Letters of Map Amendments can not be issued for any property, structure or portion of property that are located

within an Alluvial Fan

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Online LOMC

Can be used to request Amendments or Revisions.

Online LOMC replaces the use of the MT‐1, MT‐EZ or MT‐2 paper forms.

Although it speeds the time to submit an application, it does shorten the actual processing time.

Unlike the eLOMA, anyone can utilize the online LOMC when submitting an application.

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Why use the Online LOMC process?

Submit, pay and upload all data through one online platform.

Save information online and finish applying at your convenience.

Manage multiple LOMC requests with one login.

Check their application status in real‐time.

Efficiently communicate with LOMC processing staff.

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eLOMA Determination Tool

eLOMA is a MIP application designed to provide licensed land surveyors and professional engineers (Licensed Professionals or LPs) with a web-based system to submit and print simple LOMA requests

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eLOMA Determination Tool

The eLOMA tool is designed to allow users to receive a determination from FEMA in minutes, and the user can

print a copy almost instantly

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eLOMA Determination

eLOMA will make a comparison of the submitted BFE with the submitted Lowest Adjacent Grade (LAG) or Low Lot Elevation (LLE)

eLOMA will ensure that all required information has been entered

Natural Ground

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eLOMA Limitations

Limitations

• Requests for existing single residential Structures or Legally Recorded Parcels of Land not involving the placement of fill

• Detail Studied Areas (AE, A1-A30, AH)

• No Approximate A Zones, V, AO, or D zones

• No Floodways

• No multi-lot requests or portions of properties

Audit Procedures and Automatic Checks to Ensure Accuracy

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Getting access to eLOMA Surveyor or Engineer must

set up an account through Mapping Information Platform (MIP) using individual certification information to become an eLOMA LP

The LP logs into the MIP to access eLOMA and has the option to:

• Create New Application

• Resume Previously Saved Application

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eLOMA Data RequirementsUser Will Enter All

Applicable data:• Requestor Information

• Community Information (CID Number, etc…)

• Map Panel Information

• Latitude and Longitude Coordinates

• Elevation Information (LAG or LLE)

• Legal Property Description

• BFE (calculated using FIS text/profile)

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The Audit Process

The LP must submit supporting data to FEMA.

If APPROVED, the LP will receive an email notification that they can log-in and print the determination.

If REJECTED, a LOMA will be completed by NSP and the LP will be audited again on their next submittal.

After initial successful audit the LP will be able to generate determinations online. However, they will still be subject to random audits.

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Common eLOMA audit mistakes

Issues with the eLOMA Audits

Supporting data from the LP is

often incomplete

Requests in unnumbered Zone A areas

LPs not using the approved

Legal Description

format

Previous LOMAs for the subject

property

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Audits Requiring Additional DataThe Most Common Data

Items Not Submitted

Annotated FIS Flood Profile

FIS Summary of Stillwater Elevations table

Annotated copy of the effective FIRM panel

Conversion factor for the vertical datum

Unrecorded Plats or Deeds

Flood Profiles or Summary of Stillwater Elevation tables that were not annotated

Copies of the FIRM without the property location

Elevation Forms or Certificates without the vertical datum

The Most Common Incomplete Data Items

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The Qualifying Questions ensure that the application meets

the criteria for the eLOMA process. If the

application does not meet the eLOMA

criteria a notification appears that informs the

LP that they need to submit their request using the standard

LOMA (MT-1) process.

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The LP enters their contact information. The email address

displayed is the address on file for the LP. If the email address is incorrect

the LP should contact MIP Help at [email protected] and have

their profile updated.

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If the Subject is a structure the

LP enters information

about the construction

type.

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The LP confirms the Lat/Long and Property information.

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The LP enters the Community that the Subject is located in

on the effective FIRM. They can

either use the dropdowns or the

CID free text field. The county and

community choices are based on the State that the LP entered on the

Property Description screen.

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The LP selects the FIRM panel number that the

Subject is located on and enters the elevation information for the

Subject. The LP must indicate how they

determined the BFE. For more information on how

the BFE should be determined the LP can

click the link in the BFE Method section or contact the FEMA Map Assistance

Center at 1-877 FEMA MAP (1-877-336-2627).

The LP needs to make sure that the elevation datum

used for the Subject elevations is the same as the elevation datum used on the effective FIRM.

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The LP must answer the question about

Subsidence or Uplift. If the LP is unsure about

the answer to this question they can

contact the Floodplain Administrator in the

subject community for assistance.

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The LP selects the Current and Resultant Flood Zones. The Resultant Flood Zone choices are based on the

elevations entered by the LP on the FIRM Info screen. If the LP enters a BFE that is below the LAG or LLE, the

Resultant Flood Zones choices will be B, X (shaded), C, and X (unshaded). The LP needs to make sure that the Resultant Zone they select

appears on the effective FIRM. Subjects should not be removed to Zone C if the zone is labeled X (unshaded) on the

effective FIRM. If the LP enters a BFE that is above the LAG or LLE, the Resultant Flood Zones choices will be

AE, A1-A30, and AH.

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To add a Flooding Source enter the name in the field and click the Add

Flood Source button. The

screen will refresh and the added

Flooding Source will appear at the

bottom of the screen. The LP may Modify or

Delete the flooding source if

they choose.

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The LP should review the

information they entered

and return to a specific screen using the Edit button to make corrections if

necessary.

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The LP must check the Penalty Clause box indicating that

the information they provided in the application is

accurate. At this point the LP should

view the draft versions of the

eLOMADetermination Letter and Cover Letter to

ensure the information they entered appears properly on the

documents.

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If the LP sees this screen they must submit copies of their supporting data for the eLOMA Audit.

The required documents are detailed in the automated audit

notification email that the LP receives but if they are

unsure about what is required they can call the FEMA Map Assistance Center at 1-877 FEMA MAP (1-877-336-2627)

for help. The supporting data must be sent to the attention of the eLOMA

Coordinator.

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If the LP sees this screen they must submit copies of their supporting data for the eLOMA Audit.

The required documents are detailed in the automated audit

notification email that the LP receives but if they are

unsure about what is required they can call the FEMA Map Assistance Center at 1-877 FEMA MAP (1-877-336-2627)

for help. The supporting data must be sent to the attention of the eLOMA

Coordinator.

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elOMA vs. Online LOMC

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MT‐1 Fees (subject to change)

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MT‐1 Fees (subject to change)

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MT‐1 CAN NOT be processed if:

Request involving changes in BFEs

Request involving changes in regulatory floodway bound delineations

Request for properties in alluvial fan areas

Request involving property and/or structures elevated by fill placed within the regulatory floodway, channelization projects, bridge/culvert replacement project, or other flood control improvements

These will fall under the MT-2 Process

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Revisions (MT‐2)

Revisions that physically change the effective FIRM & FIS are either:• Letter of Map Revision (LOMR)

• Physical Map Revision (PMR)

Most will be processed as a LOMR but FEMA may upgrade to a PMR based on size of the revision.

LOMRs are needed (and may be required) to incorporate changes from new development.

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Letter of Map Revision: LOMR

LOMRs are needed for:• Physical change is watercourse or floodplain

boundaries due to development or natural forces.

• To incorporate better technical data into existing studies.

• To correct known study errors.

• To provide better hydrologic or hydraulic methodologies.

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LOMR

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Conditional Letter of Map Revision: CLOMR

Proposed projects prior to any construction.

Allows FEMA to comment on effects of project would have on FIRM & FIS.

Does not revise the FIRM.• Must be followed by a LOMR when project is

complete.

Not a permit.

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CLOMR Requirements

At the request of the community

Proposed project that:

• Encroaches upon the floodway and causes an increase > 0.00’

• Encroaches upon the floodplain when a floodway has not been established and cause an increase of >1.00’ (0.5’ in CO)

What is an increase?

• Comparison between pre-project (existing conditions) and post project (proposed conditions)

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MT‐2 Application Required for all LOMRs & CLOMRs

• Completed MT-2 Application Forms

• Project Narrative

• Hydrologic and Hydraulic computation and digital model files

• Certified Topo Map with floodplain and floodway delineations

• Annotated FIRM showing changes due to the project

• Data certified by a registered processional engineer or licensed surveyor

• Revision request acknowled by all impacted communities.

• Notification of increases in BFE and/or SFHA as required by 44 CFR 65.12

• Fee Payment

Current fee schedule: https://www.fema.gov/flood-map-related-fees

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What is the Elevation Certificate (EC) Used For? The Elevation Certificate is an administrative tool of the National Flood

Insurance Program (NFIP) and is to be used to provide elevation information necessary to:

• Ensure compliance with community floodplain management ordinances

• To determine the property insurance premium rate

• To support Letter of Map Change (LOMC) requests

Use of this certificate does not provide a waiver of the flood insurance purchase requirement

Only a LOMC can issue a determination document that removes the Federal mandate for a lending institution to require the purchase of flood insurance

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Elevation Certificates are……

Not required by FEMA to demonstrate compliance unless the community participates in the Community Rating System

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EC and Flood Insurance

Required for buildings constructed:• Post-FIRM

• Pre-FIRM but rated under Post-FIRM rules

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New EC Form

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Section A: Property Owner Information

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Building Diagrams‐ A7

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Section B: FIRM Information

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Information from FIRM

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BFE From Flood Profile

527

528

529

530

526

0 50 100 150

50-YEAR FLOOD

100-YEAR FLOOD

500-YEAR FLOOD

SU

TT

ER

BL

VD

BR

IDG

E

EL

EV

AT

ION

(F

EE

T N

GV

D)

STREAM DISTANCE IN FEET ABOVE CONFLUENCE WITH LAKE HIGHTOWER

531

532

B

MO

NT

ER

EY

AV

E B

RID

GE

10-YEAR FLOOD

CA D E

STREAM BED

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Section C: Building Elevation Information

All machinery and/or equipment such as furnaces,

hot water heaters, heat pumps, a/c, and elevators,

etc., installed and the grading around the building

is completed.

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Elevations by Building Type

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Section D: Certification

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Section E: Elevations Without Survey

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Section F: Owner’s Certification

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Section G: Community Information

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Which Diagram Do You Use?

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Diagram 2

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Enclosure

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Diagram 7

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Resources

Local Floodplain Official

State NFIP Coordinator

• Jamie Prochno ‐ CWCB

www.fema.gov

www.floodsmart.gov

www.fema.gov/online‐tutorials

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And now to Marsha for a local perspective……..

Matthew Buddie

[email protected]

Tom Birney

[email protected]

MT 1, MT 2, Elevation Certificates the ofJill)_2016_Rocky... · The construction of a residential...

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