FEMA letter re compliance with May 16 2012 DFIRM Map adoption V, I�
CERTIFIED MAIL FEB 1 2012
RETURN RECEIPT REQUESTED f-11, fl�� '
The Honorable James Bond
j Mayor, City of Encinitas
505 South Vulcan Avenue
El Cajon, California 92094
Dear Mayor Bond:
I commend you for the efforts that have been put forth in implementing the floodplain management
measures for the City of Encinitas, California, to participate in the National Flood Insurance
Program (NFIP). As you implement these measures, I want to emphasize the following:
a Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) have been
completed for your community;
the FIS and FIRM will become effective on May 16, 2012; and
by the FIS and FIRM effective date, the Department of Homeland Security's Federal
Emergency Management Agency (FEMA) Regional Office is required to approve the
legally enforceable floodplain management measures your community adopts in
accordance with Title 44 Code of Federal Regulations Section 60.3(d&e).
As noted in FEMA's letter dated November 16, 2011. no significant changes have been made to the
flood hazard data on the Preliminary and/or revised Preliminary copies of the FIRM for
San Diego County. Therefore, the City of Encinitas should use the Preliminary and/or revised
Preliminary copies of the FIRM as the basis for adopting the required floodplain management
measures. Final printed copies of the FIRM for the City of Encinitas will be sent to you within the
next few months.
If you encounter difficulties in enacting the measures, I recommend you contact the California
Department of Water Resources. You may contact Ricardo Pineda, PE, CFM, the NFIP State
Coordinator,by telephone at(916) 574-1475, in writing at 3464 El Camino Avenue, Suite 200,
Sacramento, California 95821, or by electronic mail at rpineda @water.ca.gov.
The FEMA Regional staff in Oakland, California, is also available to provide technical assistance
and guidance in the development of floodplain management measures. The adoption of compliant
floodplain management measures will provide protection for the City of Encinitas and will ensure its
participation in the NFIP. The Regional Office may be contacted by telephone at (510) 627-7100 or
in writing. Please send your written inquiries to the Director, Federal Insurance and Mitigation
Division, FEMA Region IX, at 1 111 Broadway, Suite 1200, Oakland, California 94607.
The Honorable James Bond
FEB I 201Z
Page 2
The NFIP State Coordinating Office for your State has verified that California communities may
include language in their floodplain management measures that automatically adopt the most
recently available flood elevation data provided by FEMA. Your community's floodplain
management measures may already be sufficient if the measures include suitable automatic adoption
language and are otherwise in accordance with the minimum requirements of the NFIP, The NFIP
State Coordinator can assist you further in clarifying questions you may have about automatic
adoption.
You may have already contacted the NFIP State Coordinator and/or the FEMA Regional Office, and
may be in the final adoption process or recently adopted the appropriate measures. However, in the
event your community has not adopted the appropriate measures, this letter is FEMA's official
notification that you only have until May 16, 2012, to adopt and/or submit a floodplain management
ordinance that meets or exceeds the minimum NFIP requirements, and request approval from the
FEMA Regional Office by the effective date. Your community's adopted measures will be reviewed
upon receipt and the FEMA Regional Office will notify you when the measures are approved.
I appreciate your cooperation to ensure that your community's floodplain management measures are
approved by the FEMA Regional Office by May 16, 2012. Your compliance with these mandatory
program requirements will enable your community to avoid suspension from the NFIP.
Sincerely,
Sandra K. Knight, PhD, PE
Deputy Federal Insurance and
Mitigation Administrator, Mitigation
Enclosure
cc: Nancy Ward, Regional Administrator. FEMA Region IX
Ricardo Pineda. PE, CFM,NFIP State Coordinator, California Department of Water Resources
Masih Maher, Senior Civil Engineer, City of Encinitas
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Adoption of Flood Insurance Rate
Participating Ma s By Communities
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The National Flood Insurance Program (NFIP) was established with the passage of the National
Flood Insurance Act of 1968. The NFIP is a Federal program enabling property owners in
participating communities to purchase insurance as a protection against flood losses in exchange
for-State and community floodplain management regulations that reduce future flood damages.
Over 20,000 communities participate in the Program.
This brochure addresses several questions about adopting nationwide and publishes and updates flood hazard data
the Flood Insurance Rate Map by communities. As a in support of the NFIP. Under Map Modernization, FEMA
participating community in the NFIP, your community is will be updating and modernizing the flood hazard maps
responsible for making sure that its floodplain management for most communities. Flood hazard data will be provided
regulations meet or exceed the minimum requirements to communities in the form of a Flood Insurance Rate Map
of the NFIP. By law, the Department of Homeland (FIRM) (hereafter referred to as the "flood map") and a
Security's Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS) (hereafter referred to as the
cannot offer flood insurance in communities that do not "flood study"). Your community will need to adopt the
have regulations that meet or exceed these minimum new or revised flood map and flood study.
requirements. These regulations can be found in Title 44 The identification of flood hazards serves many important
of the Code of Federal Regulations(44 CFR) Section 60.3. You purposes. Identifying flood hazards creates an awareness
can also find them in model ordinances developed by most of the hazard, especially for those who live and work in
States and by FEMA Regional Offices, flood-prone areas. Maps provide States and communities
The basis of your community's floodplain management with the information needed for land use planning and to
regulations is the flood hazard data provided to the reduce flood risk to floodplain development and implement
community by FEMA. FEMA identifies flood hazards other health and safety requirements through codes and
Flood Study And Adoption Timeline
Initial Scoping
Meeting Held
Flood Hazard Data Development/Flood Map & Flood Study Production*
regulati011s. States and communities can also use the meeting—often referred to as the "Final Meeting" to
information for emergency management. explain and obtain comments on the preliminary flood
Each time that FEMA provides your community with map and flood study,
additional flood hazard data, your community must adopt •FEMA provides a 90-day appeal period when new or
new floodplain management regulations or amend existing revised flood elevations are proposed. Before the appeal
regulations to incorporate the new data and meet any period is initiated, FEMA will publish the proposed
additional requirements that result from any changes in flood elevation determinations in the Federal Register
the data, such as the designation of a floodway for the first and notify the community's Chief Executive Officer of
time. Your floodplain management regulations must also the determination. FEMA will then publish information
meet any additional State requirements and be adopted about the flood elevation determinations at least twice
through a process that complies with any procedural in a local newspaper. The appeal period provides the
requirements established in your State for the adoption of community and owners or lessees of property in the
ordinances or regulations. community an opportunity to submit information
on whether the flood elevations are scientifically or
What is the process for developing new flood hazard data technically incorrect.
or revising existing data? • At the end of the 90-day appeal period, FEMA resolves
FEMA works closely with communities to develop new all appeals and finalizes the flood map and flood study.
flood hazard data or revise existing data during the flood . FEMA then issues a Letter of Final Determination
study process. In general, the study process includes the (LFD) (hereafter referred to as the "final letter"), which
following activities: establishes the final flood elevations, and provides the
• FEMA holds a scoping meeting with community officials new flood map and flood study to the community. The
to identify where a new flood study is necessary and the final letter initiates the six-month adoption period,
type of study and extent (number of stream miles) of the The community must adopt or amend its floodplain
study. management regulations during this six-month period.
• FEMA undertakes a flood study to identify the flood • The flood map and flood study become effective at the
hazards and to develop Base Flood Elevations (BFEs) end of the six-month period. The effective date is also
(hereafter referred to as "flood elevations") and the date when flood insurance rates will be based on
floodways for the areas of study identified during the the new flood data for new construction built after this
scoping process. In addition, the mapping process date. The effective map will be the one that will be used
includes activities such as obtaining the base map, by federally insured or regulated lenders to determine if
incorporating Letters of Map Change, and developing the flood insurance is required as a condit ion of a loan.
flood hazard database. FEMA l as also entered into agreements with over 200
• When the study is completed, FEMA provides the communities, States, and regional agencies to be active
community with a preliminary flood map and flood partners in FEMA's flood hazard mapping program under
study for review. In addition, FEMA may hold a public the Cooperating Technical Partner (CTP) Program. These
Preliminary Report End of Appeal Date of
& Map Issued Period Effective
Flood Map
Final Community Letter of Final
Meeting Held l Determination
1 Issued
30 90-Day Appeal Period Resolve Appeals
Days on Flood Elevations & Finalize Map Six-Month Adoption Period
Products
*The timefrome for completing these activities may vary.
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agencies are participating with FEMA in developing and •If the community's floodplain management regulations
updating flood maps. (See the box on the inside of the back are compliant with the NFIP requirements when the final
cover page for a brief description of the CTP program) letter is issued, the community needs to amend only the �
map reference section of their floodplain management
What must an NFIP participating community do when regulations to identify the new flood map and flood
FEMA provides new or revised flood hazard data? study.
Each time FEMA provides a community with new or • If the community has a legally valid automatic adoption
revised flood hazard data, the community must either clause established in the map reference section of
adopt new floodplain management regulations or amend the regulations and the community's regulations are
its existing regulations to reference the new flood map and otherwise compliant with the NFIP requirements, then
flood study. In some cases, communities may have to adopt the floodplain management regulations do not need
additional floodplain management requirements if a new to be amended. Automatic adoption clauses adopt all
type of flood hazard data is provided, such as a new flood future revisions to the flood map without further action
zone (going from an A Zone without flood elevations to an by the community. Automatic adoption clauses are not
AE Zone with flood elevations or going from an AE Zone to permitted in many States.
a V Zone— the coastal high hazard area), or the addition of •If the community is provided a new type of flood hazard
a floodway designation. data, the community will need to either adopt new
The following guide is to help you determine whether regulations or amend existing regulations to include the
changes need to be made in your community's floodplain appropriate NFIP requirements in addition to referencing
management regulations when a new or revised flood map the new flood map and flood study.
and flood study are provided: The final letter indicates the sections of the NFIP floodplain
management requirements at 44 CFR Section 60.3 that a
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community must adopt based on the type of flood hazard Communities are encouraged to adopt the appropriate
data provided to the community. floodplain management regulations as soon as possible after
You can contact the FEMA Regional Office or your State the final letter is issued. The adopted regulations must be
NFIP Coordinating Agency for assistance on the specific submitted to FEMA or the State and be approved by FEMA
requirements your community will need to adopt. (See before the effective date of the flood map
"For Assistance" on the back cover page for contact FEMA will send two letters notifying the community that
information.) it must have approved floodplain management regulations
If your community has adopted higher standards than the in place before the effective date of the flood map. The
minimum requirements of the NFIP, your community may first letter is a reminder letter and is sent to the community
qualify for a reduction in Hood insurance premiums for 90 days before the effective date. The second letter is sent
your citizens under the Community Rating System (CRS}, to the community 30 days before the effective date of the
(See the box on the inside of the back cover for a brief flood map. This letter is the actual letter that notifies the
description of the CRS.} community it will be suspended from the NFIP if it does
not adopt the flood map before the effective date. Notice of
When must a community adopt the new or revised flood the suspension is also published in the Federal Register.
hazard data? If the community adopts or amends its floodplain
management regulations prior to the effective date of the
Your community must amend its existing floodplain flood map and the FEMA Regional Office approves the
management regulations or adopt new regulations before
the effective date of the Hood map, which is identified community's regulations, the suspension will not go into
effect and the community will remain eligible for the NFIP.
in the final letter, The final letter initiates the six-month
adoption period.
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What happens if a community does not adopt the •Federally insured or regulated lending institutions,
appropriate floodplain management regulations during the such as banks and credit unions, are allowed to
six-month adoption period? make conventional loans for insurable buildings in
flood hazard areas of non-participating communities.
If a community does not adopt new floodplain management However, the lender must notify applicants that the
regulations or amend its existing regulations before the property is in a flood hazard area and that the property is
effective date of the flood map, the community will be not eligible for Federal disaster assistance, Some lenders
suspended from the NFIP. may voluntarily choose not to make these loans.
The following sanctions apply if a community is suspended If your community is suspended from the NFIP for failure
from the NFIP: to adopt or amend its floodplain management regulations
• Property owners will not be able to purchase NFIP prior to the map effective date, your community can be
flood insurance policies and existing policies will not be reinstated into the program upon adoption. If development
renewed. takes place in your community during suspension that
does not meet the minimum NFIP requirements, your
•Federal grants or loans for development will not be community will be asked to take actions to reduce the
available in identified flood hazard areas under programs increased flood hazard prior to reinstatement.
administered by Federal agencies such as the Department
of Housing and Urban Development, Environmental
Protection Agency, and Small Business Administration.
• Federal disaster assistance will not be provided to repair
insurable buildings located in identified flood hazard
areas for damage caused by a flood.
• Federal mortgage insurance or loan guarantees will not
be provided in identified flood hazard areas such as those
written by the Federal Housing Administration and the
Department of Veteran Affairs.
ADOPTING YOUR COMMUNITY`S NEW DIGITALLY-FORMATTED FLOOD MAP
FEMA will be reformatting your community's existing(paper) When reformatting your community's map to a digital format,the
flood map into a digital format. This means taking your existing flood map will need to be republished with a new effective date.
flood map and producing a digital, geospatially referenced Communities will be given a review period and an opportunity
flood layer on a new,digital base map. For some communities to provide comments to FEMA on the new flood map, In these
where existing flood data is determined to be accurate, FEMA cases,your community's floodplain management regulations
will prepare the new flood map without developing new flood will have to be amended to reference the new map unless
hazard data or changing existing data (elevations or flood flows). your community has a valid automatic adoption provision.
However, geospatially referencing the floodplain delineations to a The digitally based flood map will provide you with increased
new base map will likely result in some changes in the floodplain capabilities in using the flood hazard information for floodplain
boundaries. In addition,the flood map and flood study will be management and other purposes.
modified to incorporate Letters of Map Change that have been
approved by FEMA since the original flood map was issued for
your community
'CT? Technical
Gooperalisig
o Parttiers BECOMING A COOPERATING TECHNICAL PARTNER (CTP)
One of the key objectives of Map Modernization is to increase CTPs receive support such as access to existing data,access
local involvement in, and ownership of,the flood study process to custom-made FEMA tools,technical assistance, and
and the flood hazard data. To meet this objective,FEMA national recognition,
established the CTP Program. This program enables communities
and regional and State agencies that have the interest, practices,"receive d free ing support,on-line examples of"best
capabilities, and resources to be active partners in FEMA's flood practices,°and free training, and
hazard-mapping program. Communities that participate in the Community Rating System
One of the major objectives of the CTP Program is to recognize (CRS)that also become CTPs or are in an area covered by a
States, regional agencies, and communities with proactive regional or State CTP may be eligible to receive CRS credit for
floodplain management programs that include identifying the CTP activities.
flood risk and getting the information incorporated into official Another major objective and benefit of the CTP Program is the
FEMA flood hazard data, The CTP Program maintains national ability to leverage available funding and local data to make the
standards consistent with the NFIP Regulations. The following are most of limited resources. Communities, States,and regional
some of the benefits of being a CTP. agencies can take advantage of these benefits by entering into
CTPs are given an opportunity to develop more detailed maps an agreement with FEMA that formalizes the types of mapping
by making local geospatial data a part of FEMA flood maps, activities and support the CTP will provide. There are over
200 communities, States,and regional agencies currently
participating in the CTP Program.
TO LEARN MORE ABOUT CTP, YOU CAN VISIT THE FOLLOWING WEBSITE:
http;//www,fema.gov/plan/prevent/fhm/ctp_main.shtm
OR YOU CAN CONTACT THE FEMA REGIONAL OFFICE
See "For Assistance" on the back page for contact information
BECOMING AN NFIP
NFI P/C RS COMMUNITY RATING SYSTEM (CRS) COMMUNITY
The NFIP CRS recognizes community efforts that go beyond the To get credit, officials in your community simply need to prepare
minimum floodplain management requirements of the NFIP_ CRS an application showing what's being done. FEMA can even
recognizes these efforts by reducing flood insurance premiums provide you assistance in preparing the application. Once
from 5%to 45%for the community's property owners. Your FEMA has verified the information,the flood insurance premium
community is probably already doing many things that it can get discounts will go into effect. The amount of discount depends oJ
credit for under CRS that will reduce flood insurance premiums for what your community does.
your citizens. Here are just a few:
The CRS has many benefits:
Adopting and enforcing higher standards for safer new Prevent property damage for your citizens,
development,
Informin g people about flood hazards,flood insurance,and Avoid lost jobs and economic devastation caused by flooding,
how to reduce flood damage,and Prevent damage and disruption to community infrastructure,
Preserving open space in the floodplain. and
Save lives.
TO LEARN MORE ABOUT CRS, YOU CAN VISIT THE FOLLOWING WEBSITE:
http://www,fema,gov/business/nfip/crs.shtm
OR YOU CAN CALL
(317) 848-2898
FOR ASSISTANCE
If your community needs assistance in adapting the Flood Insurance Rate Maps, you can contact the FEMA Regional
Office (see below for address and telephone number) , You can Mso contact your respective State Coordinating Agency
for the NFIR You can go to http://www.fema . gov/about/contact/regions.shtm for a listing of the FEMA Regional Offices
and the NFIP State Coordinating Agencies.
REGION I REGION VI
CT, ME, MA , NH, RI , VT AR, LA, NM, OK, TX
99 High Street, 6th Floor Federal Regional Center
Boston , MA 02110 800 North Loop 288
877-336-2734 Denton, TX 76210
940-898-5399
REGION II
NJ, NY, PR , VI REGION VIII
26 federal Plaza, Ste. 1307 IA, KS, MO, NE
New York, NY 10278 2323 Grand Boulevard, Ste. 900
212- 680-3609 Kansas City, MO 64108
816283 -7061
REGION III
DE, DC, MD, PA, VA, WV REGION VIII
615 Chestnut Street, 6th Floor CO, MT, ND, SD, UT, WY
Philadelphia , PA 19106 Denver Federal Center, Bldg, 710, Box 25267
215-931- 5608 Denver, CO 80225
303-235-4800
REGION IV
AL, FL, GA, KY, MS, NC, SC, TN REGION IX
3003 Chambiee-Tucker Rd . AZ, CA, HI , NV, American Samoa, Guam ,
Atlanta , GA 30341 Marshall Islands and Northern Mariana Islands
770-220- 5200 1111 Broadway, Suite 1200
Oakland, CA 94607
REGION V 510- 627 - 710.0
IL, IN, MI , MN, OH , WI
536 South Clark Street REGION X
Chicago, IL 60605 AK, ID, OR , WA
312- 408- 5500 Federal Regional Center
130 228th Street SW
Botl ell, WA 98021-9796
425 -487-4600
M1,
FEMA