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07/07/87
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07/07/87
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Meetings
Meeting Document Type
Agenda
Document Title
Planning and Zoning Commission
Document Date
07/07/1987
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Continued from page 4 <br />developer to install t-dl strips on common property lines. <br />This resulted in minimal disturbance of the wetland, yet al- <br />lowed reasonable lake access for each lot. <br /> When the platting process falls to take ultimate devel- <br />opment Into consideration, trouble can result. Lot owners <br />then sometimes take things into their own hands and fill and <br />excavate without first securing a DNR permit. The perpe- <br />trator usually then gets an opportunity to meet a DNR Con- <br />servation Officer and Area Hydrologist in person, whether <br />he wants to or not. <br /> During the previously mentioned two year period in <br />Crow Wing and Cass Counties, DNR took enforcement ac- <br />tion against more than 30 ]andovmers, five contractors and a <br />real estate agent, for unauthorized lakebed alterations. En- <br />forcement action included restoration work (voluntary or <br />otherwise), after-the-fact permits, and in some cases mis- <br />demeanor citations. Of 18 individuals cited by conserva- <br />tion officers, including all five contractors, 15 have been <br />convicted in county court with fines ranging from $100 - <br />$500, including suspended jail terms. The remaining three <br />cases are pending. Most invoh,ed older plats which didn't <br />benefit from a more thorough plat review process. <br /> The goal of such enforcement action is not to harass <br />otherwise law-ablding citizens. Its meant to educate and, <br /> <br />where necessary, to 'get the attention' of the small percent- <br />age of lakeshore owners and contractors who for whatever <br />reason do not feel that permit regulations are important. It <br />appears that this goal is gradually being achieved as evi- <br />denced by the declining incidence of such violations in the <br />recent past. Hopefully, this trend v,411 continue. <br /> Neither the shoreland management regulations nor the <br />protected waters regulations are intended to prevent devel- <br />opment. Rather, they are designed to limit the detrimental <br />impacts of development actMtles. As the amount of shore- <br />land available for subdMslon diminishes, it will be even <br />more critical to place ex'Ira emphasis on thorough plat re- <br />view. The long-term benefit will be the protection of our <br />lakes and the maintenance of the economic value of lake- <br />shore property. <br />Editor's Note: Ron Morrelm is Region III's Area Hydrolo- <br /> gist serving Cass, Crow V, qng and Wadena Counties. <br /> Ron started working for the Department in 1968 <br /> mapping lakes and conducting biological surveys of <br /> them for DNR's Ecological Services Section. In spite <br /> of his better judgment, he transfered to the Division <br /> of Waters in 1974 and has worked most of those years <br /> out of the Brainerd Regional office. <br /> <br />The Financial Cost of Negligent <br />Flood Plain Management <br /> <br />By Tom Lutgen <br /> <br /> In the last edition of Water Talk there was an article <br />stressing the importance of proper administration of local <br />flood plain zoning controls. It was noted that violations have <br />and will continue to occur un]ess code officials become <br />knowledgeable about the requirements of their ordinance <br />and follow proper review, certification and record keeping <br />procedures. <br /> The impact of improper flood plain ordinance aclmin- <br />istration is significant. Buildings constructed improperly <br />below the Regulatory Flood Protection Elevation can lead <br />to severe ramifications for the community and/or the <br />landowner. These ramifications occur REGARDLESS of <br />whether or not the community made an honest mistake or <br />the landowner relied on the poor judgment or lack of <br />knowledge of local officials. What follows is a listing of <br />some of the potential implications. <br /> ACTUARIAL PREMIUM RATING: Flood insurance <br />premiums for all new post-Flood Insurance Rate Map con- <br />struction and substantlal improvements is based on the <br />structure's lowest floor elevation in relation to the 100-year <br />flood level. Figure 1 is being reprinted to graphically show <br />the cost to thc landowner as the structure's lowest floor <br />drops below the 100-year (Base Flood) elevation. At some <br />point, flood insurance would become too expensive for most <br />property owners. <br /> A case in Point is one Minnesota community which <br />mistakenly allowed a number of structures with basements <br />seven (7) feet below the 100-year flood level. As Figure 1 <br />shows, these landowners will face a substantial premium <br />(for the llypothetical llome, a -7 feet rating would give a <br />yearly premium approaching $2,000). If flood insurance <br />was a mandatory condition for securing a federally insured,- <br /> <br />regulated, etc. mortgage, then the high premiums must be <br />paid to satisfy the mortgage requirements. <br /> DENIAL OF FLOOD INSURANCE: Section 1316 of <br />the Flood Disaster Protection Act gives FEMA the option <br />to deny flood insurance to the owners of individual buildings <br />which were constructed in violation of a local ordinance. <br />Besides not being able to insure against future flood loss, a. <br />landowner in the 100-year flood plain would be denied cer- <br />tain federal disaster assistance monies made available after <br />a federally declared disaster. Denial of policy renewal could <br />also jeopardize those who purchased their residence with a <br />federally insured/financed loan that was conditioned upon <br />maintaining an active flood insurance policy. <br />Continued on page 6 <br /> <br /> FIGURE 1. <br /> ANNUAL COST OF F'LO(X) INSURANCE FOR A HYPOTHETICALHOME <br /> VALUED AT $50,000 WITH RESPECT TO THE BASEFLOOD <br /> ELEVATION (BFE) <br /> <br /> [--'--] Pre-FIRM Co~structio~ {b~ilt b~fore effective date of FIRM) <br /> ~ Post-FIRM Coostructio~ (built after eflective date of FIRM) <br /> <br /> Assur'n~*'~ 1)Home has or~e thmor, r,o basement <br /> <br /> 3)lriclude~ $45~,~poi~cyexpenr. ecoost~t . <br /> <br /> 4) StruClural co~,t, teoje o~y; co. tents not insured <br /> <br /> e~ Rates mot availat~e from Fe~era! Ins.urar~ce <br /> ~' Admhaistratk:m. Alt structures with lowest floor <br /> ~. 2 teat c~ mo, re below th~ BFE are sent to FIA. <br /> ~ Washingloi",, D.C~ fo~ special ratir~j <br /> <br /> to~ Post-FIRM <br /> Construction <br /> <br /> I <br /> <br />,s60 ,t0b0 ,~kx~ ,e6o0 <br /> Annual Cost of Flood Inr. uranc..e, Gi~,en the Abo-me Assumptions <br /> <br /> <br />
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