Agenda - Environmental Policy Board - 04/07/2014

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Floodplain Information Sheet 3 Minnesota Floodplain Management Series Residential uses and standards in a floodplain When property owners discover their property is in a floodplain, a common reaction is to assume they cannot use or develop it. In some parts of the floodplain or in some communities, options for land use are very limited. In other situations, most uses are allowed, but the structures must be elevated or flood -proofed to maintain public safety and minimize risk of property damage during a flood. Two key questions must be answered that affect what can be done to property in a floodplain: 1. Floodway or flood fringe? Is the property in a floodplain shown on a Hood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency (FEMA)? If so, is the property in the floodway or the flood fringe? (See "What are the floodway and the flood fringe" information sheet #2) Property in a floodway is subject to more use restrictions than property in a flood fringe. 2. Local zoning? What uses are allowed by the local zoning authority (city zoning if your property is within city limits; county zoning if it is in a rural area)? The standards discussed below are based on state and federal minimum standards. Your community will have zoning regulations according to zone, including low -density residential, high -density residential, commercial, industrial, and open space. The community can specify the allowable uses in each zone. In addition to the zoning use guidelines, your community may have building standards that are more restrictive than the state and federal minimums. What uses are allowed in the floodway and flood fringe of the floodplain? Floodway uses • Open space uses and limited grading and earth moving may be permitted if they do not create an obstruction or cause any increase in the flood levels. Uses such as gardens, farming, parks, trails, or golf courses may be allowed depending on your zoning district. • New structures, additions to existing structures, and substantial improvements to existing structures are prohibited. • A structure built before the publication date of your community's first FEMA floodplain map (pre -FIRM) is "grand - fathered" with the following conditions: — A structure may continue to be used, repaired, and maintained, but no addition may be constructed. — If a structure is damaged (e.g., by fire, flood, tornado) by more than 50 percent of the pre -damage value, the structure may not be reconstructed. Flood fringe uses • The use must be allowed by the underlying zoning of the community. • New structures and additions to existing structures must be elevated on fill (Figure 1). • New structures and additions, after a conditional use permit is obtained, may use alternative elevation methods, if allowed by the regulations in that community. (See "Conditional Uses in the Floodplain" information sheet #6). • Accessory structures (e.g., garages, sheds) may be constructed if properly elevated on fill or flood -proofed (for smaller, "minimal invest- ment" structures). (See `Residential Accessory structures in the flood fringe" information sheet #5). (continued on back..) Figure 1. Houses may be constructed in the flood fringe but must be properly elevated to maintain public safety and minimize damage risk during a flood. Contact: DNR Ecological & Water Resources in St. Paul (651) 259-5700 http://mndnr.gov/waters Page 1 February 2011