Agenda - Planning Commission - 11/06/2008

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:;::.~=--~~~,-,. Federal Emergency Management Agency ~65.13 apply to artificiallydesigIled and con- structed dunes that are not well-estab- . lished with long-standing vegetative cover, such as the placement of sand' materials in a dune-like formation. (b) Evaluation criterion. Frimary fron-. tal.dunes will not be considered as ef- fective ban"iers to base flood storm surges and associated wave action' where the cross-sectional area of the primary frontal dune, as measured per- pendiqular to the shoreline and above the 100-year stillwater flood elevation and seaward of the dune crest, is equal . to, or less than, 540 square feet. . (c) Exceptions. Exceptions to the eval- uation criterion may be granted where it can be demonstrated through au- thoritative historical documentation that. the primary frontal dunes at a specific site withstood previous base flood storm surges and associated wave action. [53 FR i6279, May 6, 1988] ~ 65.12 Revision of flood insurance . rate maps to reflect base flood ele- vations caused by proposed en- croachments. (a) When a community proposes to permit encroachments upon the flood plain' when a regulatory floodway has not been adopted or to permit en- croachments upon an adopted regu- latory floodway which will cause base flood eleVation increases in excess of those permitted under paragraphs (0)(10) or (d)(3) of ~ 60.3 of this sub- chapter, the community shall apply to the Administrator 'for oonditional ap- proval of such action prior to permit- ting the encroachmEllits to occur and shall submit the following as part of its application: (1) A request for conditional approval of map change ;md the appropriate ini- tial fee as specified by ~ 72.3 of this sub- chapter or a. request for exemption from fees as specified by ~ 72.5 . of this subchapter, whichever is appropriate; (2) An evaluation of alternatives which would not result in a base flood elevation increase above that per- mitted under paragraphs (c) (10) or (d)(3) of ~ 60.3 of this subchapter dem- onstrating why these alternatives are not feasible; (3) Documentation of individual legal notice to all impacted property owners within and outside of the community," explaining the impaot of the proposed action on their property. (4) Concurrence of the ChiefExecu- tive Officer of aily other communities impacted by the proposed actions; (5) Certification that no struotures are located in areas which would be im- pacted by the increased base flood ele- vation; . . (6) A request for revision of base flood elevation determination accord- ing to the proVisions of ~ 65,6 of this part; (7) A request for floodway revision in accordance with the provisions of ~ 65.7 . of this part;. . ~ (b) Upon receipt of the Administra~ tor's conditional approval of map cliange and prior to approving the pro- posed encroachments, a community shall provide evidence to the Adminis- trator of the adoption of flood plain management ordinances incorporating the increased base flood elevations and! or revised floodway reflectmg the post- project condition. (c) Upon completion of the proposed encroachments, a community shall provide as-built certifications in ac- cordance with the provisions of ~ 65.3 of this part. The Administrator will ini- tiate a final map revision upon receipt of such certifications in accordance with part 67 of this subchapter. [53 FR 16279, May 6, 1988] ~ 65.13 Mapping and map revisions for areas subject to alluvial fan flood- ing. .' This section describes the procedures to be followed and the types 'of infor- mation FEMA needs to recognize on a NFIP map that a structural flood con- trol measure provides protection from the base flood in an area subject to al- luvial fan flooding. This information mUst be supplied to FEMA by the com- munity or other party seeking recogni- tion of such a flood control measure at the time a flood risk study. or restudy is oonducted, when a map revision under the provisions of part 65 of this subchapter is sought, and upon request by the Administrator during the review of previously recognized flood control measures. The FEMA review will be for the sole purpose of establishing appro- priate risk zone determinations for 349 .59