DRRC 11-23-20 Meeting Agenda1.Floodplain Districts, Chapter 165, Part 702 - Overlay Districts
1.A.Floodplain Districts, Chapter 165, Part 702 - Overlay Districts
Discussion on required changes to the FP Floodplain Districts requirements of the
Zoning Ordinance to remain compliant with the regulations necessary to continue
participating in the National Flood Insurance Program (NFIP).
2.Other
AGENDA
DEVELOPMENT REVIEW AND REGULATIONS COMMITTEE
MONDAY, NOVEMBER 23, 2020
7:00 PM
FIRST-FLOOR CONFERENCE ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
DRRC11-23-20ZoningOrdinanceAmendmentCoverLetter.pdf
DRRC11-23-20ProposedChanges-FloodplainDistricts.pdf
DRRC11-23-20DCRModelOrdinance.pdf
DRRC11-23-20DCRCorrespondence.pdf
1
Development Review and Regulations Committee
Agenda Item Detail
Meeting Date: November 23, 2020
Agenda Section: Floodplain Districts, Chapter 165, Part 702 - Overlay Districts
Title: Floodplain Districts, Chapter 165, Part 702 - Overlay Districts
Attachments:
DRRC11-23-20ZoningOrdinanceAmendmentCoverLetter.pdf
DRRC11-23-20ProposedChanges-FloodplainDistricts.pdf
DRRC11-23-20DCRModelOrdinance.pdf
DRRC11-23-20DCRCorrespondence.pdf
2
Floodplain Districts, Chapter 165, Part 702 -Overlay Districts
DRAFT – Updates
On January 29, 2021 Frederick County will have updated Flood Insurance Rate Maps (FIRMs) from the Federal
Emergency Management Agency (FEMA). Flood Insurance Rate Maps are the official community maps that
show special flood hazard areas and the risk premium zones. Flood mapping is an important part of the
National Flood Insurance Program (NFIP), as it is the basis of the NFIP regulations and flood
insurance requirements. FEMA's flood mapping program is called Risk Mapping, Assessment, and Planning,
or Risk MAP. FEMA maintains and updates data through flood maps and risk assessments.
Most homeowner’s insurance does not cover flood damage. Flood insurance is a separate policy that can
cover buildings, the contents in a building, or both. Flood insurance is available to property owners in Virginia
mostly through the NFIP, which is administered through the Federal Emergency Management Agency (FEMA).
While community participation in the NFIP is voluntary, NFIP flood insurance policies are available only when
the locality actively manages its floodplain by participating in the NFIP. When a community joins the NFIP,
the community must ensure that it has adopted a floodplain management ordinance and enforcement
procedures that meet NFIP minimums. In return, the federal government makes flood insurance available for
residents of that community.
As a participating community in the National Flood Insurance Program (NFIP), Frederick County is responsible
for making sure that its floodplain management regulations meet or exceed the minimum requirements of
the NFIP and the Commonwealth of Virginia. If Frederick County’s floodplain ordinance does not meet the
minimum requirements, FEMA would not offer flood insurance. When any changes are made or when Flood
Insurance Rate Maps (FIRMs) are updated, community floodplain management ordinances also must be
revised and updated accordingly.
The County’s current floodplain ordinance was revised in 2009 and 2014 as directed by the Department of
Conservation and Recreation (DCR). In Virginia, the DCR is the manager of the floodplain program and
designated coordinating agency of the National Flood Insurance Program (NFIP). DCR provides communities
with a model ordinance to serve as a starting point when drafting a floodplain ordinance. The state model
floodplain ordinance includes minimum requirements for NFIP participation and highlights higher standards
that communities can implement. Communities may adopt additional higher standards or to draft their own
floodplain ordinance that is not based on the model.
As Frederick County will have updated Flood Insurance Rate Maps that are effective January 29, 2021,
revisions to Chapter 165, Part 702 are required per DCR to meet the minimum regulatory standards required
in a fully compliant floodplain ordinance. Staff has prepared revisions to Part 702 of the Frederick County
Zoning Ordinance, Floodplain Districts as shown in DCR’s Model Ordinance.
Primary revisions to the Floodplain Districts are as follows:
• Revised - Abrogation and Greater Restrictions 702.05
• New section - Jurisdictional Boundary Changes 702.08
• New section - Letters of Map Revision 702.10
• Revised “Elevation and Construction Standards” 702.18
o New section - Accessory Structures 702.18D
o Revised - Standards for Manufactured Homes and Recreational Vehicles 702.18E
• Revised - Existing Structures in Floodplain Areas – 702.20
• Revised – Factors to be considered in granting variances – 702.21
• New and revised definitions
3
Staff would note that DCR points out that in some cases, the minimum standards provide insufficient
protection, create a risk of higher than necessary insurance rates, or create a more complex program. In
these cases, DCR recommends specific higher standards. The draft amendment shows the higher standards
that are recommended by DCR in red (DCR’s explanation is also shown).
The final adopted ordinance is due to DCR by the first part of January 2021. The timeline for this ordinance
(past and proposed) is as follows:
•August 25, 2020 – Notification from DCR received with model ordinance
•October 1, 2020 - Draft Frederick County updated FP ordinance sent to DCR for review
•October 31, 2020 – Comments received from DCR
•November 23, 2020 – DRRC Review
•December 2, 2020 – Planning Commission Discussion
•December 9, 2020 – Board of Supervisors Discussion
•December 16, 2020 – Planning Commission Public Hearing
•January 13, 2021 – Board of Supervisors Public Hearing
**Note: dates are subject to change**
The attached document shows the existing ordinance with the proposed changes (with additions shown in
bold underlined italics, deletions in strikethrough, and DCR suggested specific higher standards in red). DCR
has reviewed the draft ordinance for compliance. This item is being brought to the DRRC for information and
discussion. While most of the changes are required, staff is seeking comments from the DRRC on the DCR
suggested higher standards. Comments will be forwarded to the Planning Commission and Board of
Supervisors. Please contact staff if you have any questions.
Attachments:
1.Revised ordinance:
•Additions shown in bold underlined italics
•Deletions in strikethrough
•DCR suggested specific higher standards in red
2.DCR Model Ordinance
3.Correspondence from DCR
4
DRAFT - FP FLOODPLAIN DISTRICT (11/13/20)
1
ARTICLE VII
OVERLAY DISTRICTS
Part 702 - FP Floodplain Districts
§ 165-702.01. Statutory Authorization and Purpose.
This ordinance is adopted pursuant to the authority granted to localities by Va. Code §15.2-2280 and is
designed to provide for safety from flood, to facilitate the provision of flood protection, and to protect
against loss of life, health, or property from flood.
The purpose of these provisions are to prevent the loss of life and property, the creation of health and
safety hazards, the disruption of commerce and governmental services, the extraordinary and
unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax
base by:
A. Regulating uses, activities, and development which, alone or in combination with other existing
or future uses, activities, and development, will cause unacceptable increases in flood heights,
velocities, and frequencies;
B. Restricting or prohibiting certain uses, activities, and development from locating within districts
subject to flooding;
C. Requiring all those uses, activities, and developments that do occur in flood-prone districts to be
protected and/or flood-proofed against flooding and flood damage; and,
D. Protecting individuals from buying land and structures which are unsuited for intended purposes
because of flood hazards.
§ 165-702.02. Applicability.
These provisions shall apply to all privately and publicly owned lands within the jurisdiction of Frederick
County and identified as areas of special flood hazard according to the flood insurance rate map (FIRM)
or included in the flood insurance study (FIS) that are that is provided to Frederick County by FEMA.
§ 165-702.03. Compliance and Liability.
A. No land shall hereafter be developed and no structure shall be located, relocated, constructed,
reconstructed, enlarged, or structurally altered except in full compliance with the terms and
provisions of this chapter and any other applicable regulations which apply to uses within the
jurisdiction of this chapter.
B. The degree of flood protection sought by the provisions of this chapter is considered reasonable
for regulatory purposes and is based on acceptable engineering methods of study, but does not
imply total flood protection. Larger floods may occur on rare occasions. Flood heights may be
increased by man-made or natural causes, such as ice jams and bridge openings restricted by
debris. This chapter does not imply that districts outside the floodplain district, or that land uses
5
DRAFT - FP FLOODPLAIN DISTRICT (11/13/20)
2
permitted within such district, will be free from flooding or flood damages.
C. Records of actions associated with administering this chapter shall be kept on file and maintained
by the Frederick County Zoning Administrator.
C. This chapter shall not create liability on the part of Frederick County or any officer or employee
thereof for any flood damages that result from reliance on this chapter or any administrative
decision lawfully made thereunder.
§ 165-702.04. Records (Relocated from above)
Records of actions associated with administering this ordinance shall be kept on file and maintained by
or under the direction of the Floodplain Administrator in perpetuity
§ 165-702.05. Abrogation and Greater Restrictions.
This chapter supersedes any ordinance currently in effect in flood-prone districts. However, any
underlying ordinance shall remain in full force and effect to the extent that its provisions are more
restrictive than this chapter.
A. To the extent that the provisions are more restrictive, this ordinance supersedes any ordinance
currently in effect in flood-prone districts. To the extent that any other existing law or regulation
is more restrictive or does not conflict it shall remain in full force and effect.
B. These regulations are not intended to repeal or abrogate any existing ordinances including
subdivision regulations, zoning ordinances, or building codes. In the event of a conflict between
these regulations and any other ordinance, the more restrictive shall govern.
§ 165-702.06. Severability.
If any section, subsection, paragraph, sentence, clause, or phrase of this chapter shall be declared invalid
for any reason whatever, such decision shall not affect the remaining portions of this chapter. The
remaining portions shall remain in full force and effect; and for this purpose, the provisions of this chapter
are hereby declared to be severable.
§ 165-702.07. Administration.
A. Designation of the Floodplain Administrator. The Zoning Administrator is hereby appointed to
administer and implement these regulations and is referred to herein as the Floodplain
Administrator. The Floodplain Administrator may:
(1) Do the work themselves. In the absence of a designated Floodplain Administrator, the duties
are conducted by the Frederick County Planning Director.
(2) Delegate duties and responsibilities set forth in these regulations to qualified technical
personnel, plan examiners, inspectors, and other employees.
6
DRAFT - FP FLOODPLAIN DISTRICT (11/13/20)
3
(3) Enter into a written agreement or written contract with another locality or private sector entity
to administer specific provisions of these regulations. Administration of any part of these
regulations by another entity shall not relieve the County of its responsibilities pursuant to
the participation requirements of the National Flood Insurance Program as set forth in the
Code of Federal Regulations at 44 C.F.R. Section 59.22.
B. Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the
Floodplain Administrator shall include but are not limited to:
(1) Review applications for permits to determine whether proposed activities will be located in
the Special Flood Hazard Area (SFHA).
(2) Interpret floodplain boundaries and provide available base flood elevation and flood hazard
information.
(3) Review applications to determine whether proposed activities will be reasonably safe from
flooding and require new construction and substantial improvements to meet the
requirements of these regulations.
(4) Review applications to determine whether all necessary permits have been obtained from the
Federal, State or local agencies from which prior or concurrent approval is required; in
particular, permits from state agencies for any construction, reconstruction, repair, or
alteration of a dam, reservoir, or waterway obstruction (including bridges, culverts,
structures), any alteration of a watercourse, or any change of the course, current, or cross
section of a stream or body of water, including any change to the 100-year frequency
floodplain of free-flowing non-tidal waters of the State.
(5) Verify that applicants proposing an alteration of a watercourse have notified adjacent
communities, the Department of Conservation and Recreation (Division of Dam Safety and
Floodplain Management), and other appropriate agencies (VADEQ, US Army Corps of
Engineers) and have submitted copies of such notifications to FEMA.
(6) Advise applicants for new construction or substantial improvement of structures that are
located within an area of the Coastal Barrier Resources System established by the Coastal
Barrier Resources Act that Federal flood insurance is not available on such structures; areas
subject to this limitation are shown on Flood Insurance Rate Maps as Coastal Barrier Resource
System Areas (CBRS) or Otherwise Protected Areas (OPA).
(6) Approve applications and issue permits to develop in flood hazard areas if the provisions of
these regulations have been met or disapprove applications if the provisions of these
regulations have not been met.
(7) Inspect or cause to be inspected, buildings, structures, and other development for which
permits have been issued to determine compliance with these regulations or to determine if
non-compliance has occurred or violations have been committed.
7
DRAFT - FP FLOODPLAIN DISTRICT (11/13/20)
4
(8) Review Elevation Certificates and require incomplete or deficient certificates to be corrected.
(9) Submit to FEMA, or require applicants to submit to FEMA, data and information necessary to
maintain FIRMs, including hydrologic and hydraulic engineering analyses prepared by or for
Frederick County, within six months after such data and information becomes available if the
analyses indicate changes in base flood elevations.
(10) Maintain and permanently keep records that are necessary for the administration of these
regulations, including:
(a) Flood Insurance Studies, Flood Insurance Rate Maps (including historic studies and maps
and current effective studies and maps) and Letters of Map Change; and
(b) Documentation supporting issuance and denial of permits, Elevation Certificates,
documentation of the elevation (in relation to the datum on the FIRM) to which
structures have been floodproofed, other required design certifications, variances, and
records of enforcement actions taken to correct violations of these regulations.
(11) Enforce the provisions of these regulations, investigate violations, issue notices of violations
or stop work orders, and require permit holders to take corrective action.
(12) Advise the Board of Zoning Appeals regarding the intent of these regulations and, for each
application for a variance, prepare a staff report and recommendation.
(13) Administer the requirements related to proposed work on existing buildings:
(a) Make determinations as to whether buildings and structures that are located in special
flood hazard areas and that are damaged by any cause have been substantially damaged.
(b) Make reasonable efforts to notify owners of substantially damaged structures of the need
to obtain a permit to repair, rehabilitate, or reconstruct, and prohibit the non-compliant
repair of substantially damaged buildings except for temporary emergency protective
measures necessary to secure a property or stabilize a building or structure to prevent
additional damage.
(14) Undertake, as determined appropriate by the Floodplain Administrator due to the
circumstances, other actions which may include but are not limited to: issuing press releases,
public service announcements, and other public information materials related to permit
requests and repair of damaged structures; coordinating with other Federal, State, and local
agencies to assist with substantial damage determinations; providing owners of damaged
structures information related to the proper repair of damaged structures in special flood
hazard areas; and assisting property owners with documentation necessary to file claims for
Increased Cost of Compliance coverage under NFIP flood insurance policies.
(15) Notify the Federal Emergency Management Agency when the boundaries of Frederick County
have been modified and:
8
DRAFT - FP FLOODPLAIN DISTRICT (11/13/20)
5
(a) Provide a map that clearly delineates the new corporate boundaries or the new area for
which the authority to regulate pursuant to these regulations has either been assumed
or relinquished through annexation; and
(b) If the FIRM for any annexed area includes special flood hazard areas that have flood zones
that have regulatory requirements that are not set forth in these regulations, prepare
amendments to these regulations to adopt the FIRM and appropriate requirements, and
submit the amendments to the governing body for adoption; such adoption shall take
place at the same time as or prior to the date of annexation and a copy of the amended
regulations shall be provided to Department of Conservation and Recreation (Division of
Dam Safety and Floodplain Management) and FEMA.
(16) Upon the request of FEMA, complete and submit a report concerning participation in the
NFIP which may request information regarding the number of buildings in the SFHA, number
of permits issued for development in the SFHA, and number of variances issued for
development in the SFHA.
(17) It is the duty of the Floodplain Administrator to take into account flood, mudslide and flood-
related erosion hazards, to the extent that they are known, in all official actions relating to
land management and use throughout the entire jurisdictional area of the County, whether
or not those hazards have been specifically delineated geographically (e.g. via mapping or
surveying).
C. Use and Interpretation of FIRMs. The Floodplain Administrator shall make interpretations, where
needed, as to the exact location of special flood hazard areas, floodplain boundaries, and
floodway boundaries. The following shall apply to the use and interpretation of FIRMs and data:
(1) Where field surveyed topography indicates that adjacent ground elevations:
(a) Are below the base flood elevation, even in areas not delineated as a special flood hazard
area on the FIRM, the area shall be considered as special flood hazard area and subject
to the requirements of these regulations;
(b) Are above the base flood elevation and the area is labelled as a SFHA on the FIRM, the
area shall be regulated as special flood hazard area, if so indicated on the FIRM, unless
the applicant obtains a Letter of Map Change that removes the area from the SFHA.
(2) In FEMA-identified special flood hazard areas where base flood elevation and floodway data
have not been identified and in areas where FEMA has not identified SFHAs, any other flood
hazard data available from a Federal, State, or other source shall be reviewed and reasonably
used.
(3) Base flood elevations and designated floodway boundaries on FIRMs and in Flood Insurance
Studies shall take precedence over base flood elevations and floodway boundaries by any
9
DRAFT - FP FLOODPLAIN DISTRICT (11/13/20)
6
other sources if such sources show reduced floodway widths and/or lower base flood
elevations.
(4) Other sources of data shall be reasonably used if such sources show increased base flood
elevations and/or larger floodway areas than are shown on FIRMs and in Flood Insurance
Studies.
(5) If a Preliminary Flood Insurance Rate Map and/or a Preliminary Flood Insurance Study has been
provided by FEMA:
(a) Upon the issuance of a Letter of Final Determination by FEMA, the preliminary flood
hazard data shall be used and shall replace the flood hazard data previously provided from
FEMA for the purposes of administering these regulations.
(b) Prior to the issuance of a Letter of Final Determination by FEMA, the use of preliminary
flood hazard data shall be deemed the best available data pursuant to § 165-702.11C(3).
and used where no base flood elevations and/or floodway areas are provided on the
effective FIRM.
(c) Prior to issuance of a Letter of Final Determination by FEMA, the use of preliminary flood
hazard data is permitted where the preliminary base flood elevations or floodway areas
exceed the base flood elevations and/or designated floodway widths in existing flood
hazard data provided by FEMA. Such preliminary data may be subject to change and/or
appeal to FEMA.
§ 165-702.08. Jurisdictional Boundary Changes.
A. The County floodplain ordinance in effect on the date of annexation shall remain in effect and
shall be enforced by the municipality for all annexed areas until the municipality adopts and
enforces an ordinance which meets the requirements for participation in the National Flood
Insurance Program. Municipalities with existing floodplain ordinances shall pass a resolution
acknowledging and accepting responsibility for enforcing floodplain ordinance standards prior
to annexation of any area containing identified flood hazards. If the FIRM for any annexed area
includes special flood hazard areas that have flood zones that have regulatory requirements
that are not set forth in these regulations, the governing body shall prepare amendments to
these regulations to adopt the FIRM and appropriate requirements, and submit the
amendments to the governing body for adoption; such adoption shall take place at the same
time as or prior to the date of annexation and a copy of the amended regulations shall be
provided to Department of Conservation and Recreation (Division of Dam Safety and Floodplain
Management) and FEMA.
B. In accordance with the Code of Federal Regulations, Title 44, Part 59, Subpart B, Section 59.22 (a)
(9) (v), all NFIP participating communities must notify the Federal Insurance Administration
Emergency Management Agency and optionally the State Coordinating Office Virginia
Department of Conservation and Recreation - Division of Dam Safety and Floodplain Management
in writing whenever the boundaries of the County have been modified by annexation or the
10
DRAFT - FP FLOODPLAIN DISTRICT (11/13/20)
7
County has otherwise assumed or no longer has authority to adopt and enforce floodplain
management regulations for a particular area.
C. In order that all Flood Insurance Rate Maps accurately represent the County’s boundaries, a copy
of a map of the County suitable for reproduction, clearly delineating the new corporate limits or
new area for which the County has assumed or relinquished floodplain management regulatory
authority must be included with the notification.
§ 165-702.09. Submitting Model Backed Technical Data.
The County’s base flood elevations may increase or decrease resulting from physical changes affecting
flooding conditions. As soon as practicable, but not later than six months after the date such information
becomes available, the County shall notify the Federal Emergency Management Agency of the changes by
submitting technical or scientific data. The County may submit data via a LOMR. Such a submission is
necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium
rates and flood plain management requirements will be based upon current data.
§ 165-702.10. Letters of Map Revision
A. When development in the floodplain will cause or causes a change in the base flood elevation,
the applicant, including state agencies, must notify FEMA by applying for a Conditional Letter
of Map Revision and then a Letter of Map Revision. Examples may include, but are not limited
to:
1) Any development that causes a rise in the base flood elevations within the floodway.
2) Any development occurring in Zones A1-30 and AE without a designated floodway, which
will cause a rise of more than one foot in the base flood elevation.
3) Alteration or relocation of a stream (including but not limited to installing culverts and
bridges) 44 Code of Federal Regulations §65.3 and §65.6(a)(12).
§ 165-702.11. Description of Special Flood Hazard Districts.
A. Basis of districts. The various flood hazard districts shall include the Special Flood Hazard Areas.
The basis for the delineation of these districts shall be the Flood insurance Study and the Flood
Insurance Rate Maps (FIRM) for Frederick County prepared by the Federal Emergency
Management Agency, dated January 29, 2021, as amended and any subsequent revisions or
amendments thereto.
B. Frederick County may identify and regulate local flood hazard or ponding areas that are not
delineated on the FIRM. These areas may be delineated on a “Local Flood Hazard Map” using
best available topographic data and locally derived information such as flood of record, historic
high-water marks, or approximate study methodologies
11
DRAFT - FP FLOODPLAIN DISTRICT (11/13/20)
8
C. The boundaries of the Special Flood Hazard Areas are established as shown on the FIRM which
is declared to be a part of this article and which shall be kept on file at the Frederick County
Department of Planning and Development.
(1) The Floodway District is in an AE Zone delineated for purposes of this article using the
criteria that certain areas within the floodplain must be capable of carrying the waters of
the one percent annual chance flood without increasing the water surface elevation of
that flood more than one (1) foot at any point. The areas included in this District are
specifically defined in Table X of the above-referenced Flood Insurance Study and shown
on the accompanying Flood Insurance Rate Maps.
(a) The following provisions shall apply within the Floodway District of an AE zone:
(i) Within any floodway area, no encroachments, including fill, new construction,
substantial improvements, or other development shall be permitted unless it has
been demonstrated through hydrologic and hydraulic analysis performed in
accordance with standard engineering practice that the proposed encroachment
will not result in any increase in flood levels within the County during the
occurrence of the base flood discharge. Hydrologic and hydraulic analyses shall be
undertaken only by professional engineers or others of demonstrated
qualifications, who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations, etc., shall
be submitted in sufficient detail to allow a thorough review by the Floodplain
Administrator.
Development activities which increase the water surface elevation of the base
flood may be allowed, provided that the applicant first applies – with Frederick
County’s endorsement – for a Conditional Letter of Map Revision (CLOMR), and
receives the approval of the Federal Emergency Management Agency.
If §165-702.11C is satisfied, all new construction and substantial improvements
shall comply with all applicable flood hazard reduction provisions of § 165-702.16
through § 165- 702.20.
(ii) The placement of manufactured homes (mobile homes) is prohibited, except in an
existing manufactured home (mobile home) park or subdivision. A replacement
manufactured home may be placed on a lot in an existing manufactured home
park or subdivision provided the anchoring, elevation, and encroachment
standards are met.
(2) The AE, or AH Zones on the FIRM accompanying the FIS shall be those areas for which
one-percent annual chance flood elevations have been provided and the floodway has
not been delineated. The following provisions shall apply within an AE or AH zone where
FEMA has provided base flood elevations:
12
DRAFT - FP FLOODPLAIN DISTRICT (11/13/20)
9
a. Until a regulatory floodway is designated, no new construction, substantial
improvements, or other development (including fill) shall be permitted within the
areas of special flood hazard, designated as Zones A1-30 and AE or AH on the FIRM,
unless it is demonstrated that the cumulative effect of the proposed development,
when combined with all other existing and anticipated development, will not
increase the water surface elevation of the base flood more than one foot at any
point within Frederick County.
b. Development activities in Zones A1-30 and AE or AH, on the Frederick County FIRM
which increase the water surface elevation of the base flood by more than one foot
may be allowed, provided that the applicant first applies – with Frederick County’s
endorsement – for a Conditional Letter of Map Revision, and receives the approval
of the Federal Emergency Management Agency.
(3) The A Zone on the FIRM accompanying the FIS shall be those areas for which no detailed
flood profiles or elevations are provided, but the one percent annual chance floodplain
boundary has been approximated. For these areas, the following provisions shall apply:
a) The Approximated Floodplain District shall be that floodplain area for which no
detailed flood profiles or elevations are provided, but where a one hundred (100)-
year percent annual chance floodplain boundary has been approximated. Such areas
are shown as Zone A on the maps accompanying the FIS. For these areas, the base
flood elevations and floodway information from Federal, State, and other acceptable
sources shall be used, when available. Where the specific one percent annual
chance flood elevation cannot be determined for this area using other sources of
data, such as the U. S. Army Corps of Engineers Floodplain Information Reports, U.
S. Geological Survey Flood-Prone Quadrangles, etc., then the applicant for the
proposed use, development and/or activity shall determine this base flood
elevation. For development proposed in the approximate floodplain the applicant
must use technical methods that correctly reflect currently accepted non-detailed
technical concepts practices, such as point on boundary, high water marks, or
detailed methodologies hydrologic and hydraulic analyses. Studies, analyses,
computations, etc., shall be submitted in sufficient detail to allow a thorough review
by the Floodplain Administrator.
b) The Floodplain Administrator reserves the right to require a hydrologic and hydraulic
analysis for any development. When such base flood elevation data is utilized, the
lowest floor shall be elevated to or above the base flood level no lower than one (1)
foot above the base flood elevation level plus eighteen (18) inches.
DCR Explanation:
The flood maps anticipate one foot of rise in BFE due to fill in the floodplain, so while building to BFE
is all that is required; it will result in flooding if all assumptions made in mapping are correct. Flood
insurance rounds up for freeboard so an 18 inch requirement offers the best “bang for the buck” in
reducing flood insurance rates and allows for an additional margin of safety in case the models have
an error or are based on incomplete data.
13
DRAFT - FP FLOODPLAIN DISTRICT (11/13/20)
10
c) During the permitting process, the Floodplain Administrator shall obtain:
i. The elevation of the lowest floor (in relation to mean sea level), including the
basement, of all new and substantially improved structures; and,
ii. If the structure has been flood-proofed in accordance with the requirements of
this article, the elevation (in relation to mean sea level) to which the structure
has been flood-proofed.
d) Base flood elevation data shall be obtained from other sources or developed using
detailed methodologies comparable to those contained in a FIS for subdivision
proposals and other proposed development proposals (including manufactured
home parks and subdivisions) that exceed fifty lots or five acres, whichever is the
lesser.
(4) The AO Zone on the FIRM accompanying the FIS shall be those areas of shallow flooding
identified as AO on the FIRM. For these areas, the following provisions shall apply:
a. All new construction and substantial improvements of residential structures shall
have the lowest floor, including basement, elevated to or above the flood depth
specified on the FIRM, above the highest adjacent grade at least as high as the depth
number specified in feet on the FIRM. If no flood depth number is specified, the
lowest floor, including basement, shall be elevated no less than two feet above the
highest adjacent grade.
b. All new construction and substantial improvements of non-residential structures
shall:
1) Have the lowest floor, including basement, elevated to or above the flood depth
specified on the FIRM, above the highest adjacent grade at least as high as the
depth number specified in feet on the FIRM. If no flood depth number is
specified, the lowest floor, including basement, shall be elevated at least two
feet above the highest adjacent grade; or,
2) Together with attendant utility and sanitary facilities be completely flood-
proofed to the specified flood level so that any space below that level is
watertight with walls substantially impermeable to the passage of water and
with structural components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy.
c. Adequate drainage paths around structures on slopes shall be provided to guide
floodwaters around and away from proposed structures.
14
DRAFT - FP FLOODPLAIN DISTRICT (11/13/20)
11
§ 165-702.12. Overlay Concept. (Moved to be a standalone section)
A. The Floodplain Districts described above shall be overlays to the existing underlying districts as
shown on the Official Zoning Ordinance Maps, and as such, the provisions for the floodplain
districts shall serve as a supplement to the underlying district provisions.
B. Where there happens to be If there is any conflict between the provisions or requirements of
any of the Floodplain Districts and those of any underlying district, those pertaining to the
floodplain districts shall apply.
C. In the event that any provision concerning a floodplain district is declared inapplicable as a result
of any legislative or administrative actions or judicial discretion, the basic underlying district
provisions shall remain applicable.
§ 165-702. 13. Flood Insurance Rate Map.
The boundaries of the Special Flood Hazard Area and Floodplain Districts are established as shown on the
Flood Insurance Rate Map, which are by reference made a part of this chapter and which shall be kept on
file at the Frederick County offices.
§ 165-702.14. District boundary changes.
The delineation of any of the floodplain districts may be revised by Frederick County where natural or
man-made changes have occurred and/or more detailed studies conducted or undertaken by the United
States Army Corps of Engineers or other qualified agency or individual documenting the necessity for such
change. However, prior to any such change, approval must be obtained from the Federal Emergency
Management Agency. A completed LOMR is a record of this approval.
§ 165-702.15. Interpretation of District Boundaries.
Initial interpretations of the boundaries of the Floodplain Districts shall be made by the Zoning
Administrator. Should a dispute arise concerning the boundaries of any of the Districts, the Board of
Zoning Appeals shall make the necessary determination. The person questioning or contesting the
location of the District boundary shall be given a reasonable opportunity to present his case to the Board
and to submit his own technical evidence if he so desires.
§ 165-702.16. Permit and Application Requirements.
A. Permit Requirement. All development and/or construction activities All uses, activities, and
development occurring within any floodplain district, including placement of manufactured
homes, shall be undertaken only upon the issuance of a permit. Such development and/or
construction activities shall be undertaken only in strict compliance with the provisions of this
chapter and with all other applicable codes and regulations, as amended, such as the Virginia
Uniform Statewide Building Code (VA USBC), the Frederick County Zoning and Subdivision
Ordinances and the Erosion and Sediment Control Ordinance. Prior to the issuance of any such
permit, the Zoning Administrator shall require all applications to include compliance with all
15
DRAFT - FP FLOODPLAIN DISTRICT (11/13/20)
12
applicable State and Federal laws. Under no circumstances shall any use, activity, development
and/or construction activities adversely affect the capacity of the channels or floodways of any
watercourse, drainage ditch, or any other drainage facility or system.
1. In circumstances where a permit is not required, all development and/or construction
activities occurring within any floodplain district shall be undertaken only upon approval by
the Zoning Administrator.
B. Site Plans and Permit Applications. All applications for development within any floodplain district
and all building permits issued for the floodplain shall incorporate the following information:
1. The elevation of the Base Flood at the site.
2. For structures to be elevated, the elevation of the lowest floor (including basement).
3. For structures to be flood-proofed (non-residential only), the elevation to which the structure
will be flood-proofed.
4. The elevation of the one-hundred-year flood.
4. Topographic information showing existing and proposed ground elevations.
§ 165-702. 17. General Standards.
The following provisions shall apply to all permits:
A. New construction and substantial improvements shall be according to the VA USBC, and anchored
to prevent flotation, collapse or lateral movement of the structure.
B. Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement.
Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to
ground anchors. This standard shall be in addition to and consistent with applicable state
requirements for resisting wind forces.
C. New construction and substantial improvements shall be constructed with materials and utility
equipment resistant to flood damage.
D. New construction or substantial improvements shall be constructed by methods and practices
that minimize flood damage.
E. Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities,
including duct work, shall be designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
F. New and replacement water supply systems shall be designed to minimize or eliminate infiltration
of flood waters into the system.
16
DRAFT - FP FLOODPLAIN DISTRICT (11/13/20)
13
G. New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of flood waters into the systems and discharges from the systems into flood waters.
H. On-site waste disposal systems shall be located and constructed to avoid impairment to them or
contamination from them during flooding.
In addition to provisions A – H above, in all special flood hazard areas, the additional provisions
shall apply:
Any alteration, repair, reconstruction or improvements to a building that is not in compliance with
the provisions of this chapter, shall be undertaken only if said non-conformity is not furthered,
extended, or replaced subject to the substantial improvement provision in 165-702.19C.
I. Prior to any proposed alteration or relocation of any channels or of any watercourse, stream, etc.,
within this jurisdiction a permit shall be obtained from the U. S. Corps of Engineers, the Virginia
Department of Environmental Quality, and the Virginia Marine Resources Commission (a joint
permit application is available from any of these organizations). Furthermore, in riverine areas,
notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions,
the Department of Conservation and Recreation (Division of Dam Safety and Floodplain
Management), other required agencies, and the Federal Emergency Management Agency.
J. The flood carrying capacity within an altered or relocated portion of any watercourse shall be
maintained.
§ 165-702.18. Elevation and Construction Standards.
In all special flood hazard areas where base flood elevations have been provided in the Flood Insurance
Study or generated by a certified professional according to §165-702.11C, the following provisions shall
apply:
A. Residential Construction. New construction or substantial improvement of any residential
structure (including manufactured homes) in Zones A1-30, AE, AH, and A with detailed base flood
elevations shall have the lowest floor, including basement, elevated no lower than one (1) foot
above the base flood elevation. to or above the base flood level plus eighteen (18) inches
B. Non-Residential Construction
1. New construction or substantial improvement of any commercial, industrial, or non-
residential building (or manufactured home) shall have the lowest floor, including basement,
elevated to no lower than one (1) foot above the base flood elevation. or above the base
flood level plus eighteen (18) inches
2. Buildings located in all A, and AE Non-residential buildings located in all A1-30, AE, and AH
zones may be flood-proofed in lieu of being elevated provided that all areas of the building
components below the elevation corresponding to the BFE plus one foot two feet are water
17
DRAFT - FP FLOODPLAIN DISTRICT (11/13/20)
14
tight with walls substantially impermeable to the passage of water, and use structural
components having the capability of resisting hydrostatic and hydrodynamic loads and the
effect of buoyancy. A registered professional engineer or architect shall certify that the
standards of this subsection are satisfied.
DCR Explanations:
The flood maps anticipate one foot of rise in BFE due to fill in the floodplain, so while building to BFE is all
that is required; it will result in flooding if all assumptions made in mapping are correct. Flood insurance
rounds up for freeboard so an 18 inch requirement offers the best “bang for the buck” in reducing flood
insurance rates and allows for an additional margin of safety in case the models have an error or are based
on incomplete data
If your community has adopted the recommended freeboard you might need to change this provision to
be consistent or higher than the freeboard otherwise required. Please note that the minimum
requirements are BFE plus one foot – two feet of freeboard is the recommended minimum.
C. Space Below the Lowest Floor
In zones A, AE, AH, AO, and A1-A30, fully enclosed areas, of new construction or substantially
improved structures, which are below the regulatory flood protection elevation shall:
1. Not be designed or used for human habitation, but shall only be used for parking of vehicles,
building access, or limited storage of maintenance equipment used in connection with the
premises. Access to the enclosed area shall be the minimum necessary to allow for parking
of vehicles (garage door) or limited storage of maintenance equipment (standard exterior
door), or entry to the living area (stairway or elevator).
2. Be constructed entirely of flood resistant materials below the regulatory flood protection
elevation;
3. Include measures to automatically equalize hydrostatic flood forces on walls by allowing for
the entry and exit of floodwaters. To meet this requirement, the openings must either be
certified by a professional engineer or architect or meet the following minimum design
criteria:
a. Provide a minimum of two openings on different sides of each enclosed area subject to
flooding.
b. The total net area of all openings must be at least one (1) square inch for each square foot
of enclosed area subject to flooding.
c. If a building has more than one enclosed area, each area must have openings to allow
floodwaters to automatically enter and exit.
d. The bottom of all required openings shall be no higher than one (1) foot above the
18
DRAFT - FP FLOODPLAIN DISTRICT (11/13/20)
15
adjacent grade.
e. Openings may be equipped with screens, louvers, or other opening coverings or devices,
provided they permit the automatic flow of floodwaters in both directions.
f. Foundation enclosures made of flexible skirting are not considered enclosures for
regulatory purposes, and, therefore, do not require openings. Masonry or wood
underpinning, regardless of structural status, is considered an enclosure and requires
openings as outlined above.
D. Accessory structures
1. Accessory structures in the SFHA shall comply with the elevation requirements and other
requirements of § 165-702.18B or, if not elevated or dry floodproofed, shall:
a. Not be used for human habitation;
b. Be limited to no more than 600 square feet in total floor area;
c. Be useable only for parking of vehicles or limited storage;
d. Be constructed with flood damage-resistant materials below the base flood elevation;
e. Be constructed and placed to offer the minimum resistance to the flow of floodwaters;
f. Be anchored to prevent flotation;
g. Have electrical service and mechanical equipment elevated to or above the base flood
elevation;
h. Shall be provided with flood openings which shall meet the following criteria:
i. There shall be a minimum of two flood openings on different sides of each enclosed
area; if a building has more than one enclosure below the lowest floor, each such
enclosure shall have flood openings on exterior walls.
ii. The total net area of all flood openings shall be at least 1 square inch for each square
foot of enclosed area (non-engineered flood openings), or the flood openings shall be
engineered flood openings that are designed and certified by a licensed professional
engineer to automatically allow entry and exit of floodwaters; the certification
requirement may be satisfied by an individual certification or an Evaluation Report
issued by the ICC Evaluation Service, Inc.
iii. The bottom of each flood opening shall be 1 foot or less above the higher of the interior
floor or grade, or the exterior grade, immediately below the opening.
19
DRAFT - FP FLOODPLAIN DISTRICT (11/13/20)
16
iv. Any louvers, screens or other covers for the flood openings shall allow the automatic
flow of floodwaters into and out of the enclosed area.
E. Standards for Manufactured Homes and Recreational Vehicles
1. In zones A, AE, AH, and AO, all manufactured homes placed, or substantially improved, on
individual lots or parcels, in expansions to existing manufactured home parks or subdivisions,
in a new manufactured home park or subdivision or in an existing manufactured home park
or subdivision on which a manufactured home has incurred substantial damage as the result
of a flood, must meet all the requirements for new construction, including the elevation and
anchoring requirements in § 165-702.11 through § 165-702.17.
2. All manufactured homes placed or substantially improved in an existing manufactured home
park or subdivision in which a manufactured home has not incurred substantial damage as
the result of a flood shall elevated so that either
a. The lowest floor of the manufactured home is elevated no lower than one (1) foot above
the base flood elevation; or
b. The manufactured home chassis is supported by reinforced piers or other foundation
elements of at least equivalent strength that are no less than 36 inches in height above
grade
c. And be securely anchored to the adequately anchored foundation system to resist
flotation, collapse and lateral movement.
2 All recreational vehicles placed on sites must either:
d. Be on the site for fewer than 180 consecutive days, be fully licensed and ready for highway
use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system,
is attached to the site only by quick disconnect type utilities and security devices and has
no permanently attached additions); or,
e. Meet all the requirements for manufactured homes in § 165-702.18E(1).
§ 165-702.19. Standards for Subdivision Proposals.
A. All subdivision proposals shall be consistent with the need to minimize flood damage;
B. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and
water systems located and constructed to minimize flood damage;
C. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood
hazards.
D. In A Zones, Base flood elevation data shall be obtained from other sources or developed using
20
DRAFT - FP FLOODPLAIN DISTRICT (11/13/20)
17
detailed methodologies, hydraulic and hydrologic analysis, comparable to those contained in a
Flood Insurance Study for subdivision proposals and other proposed development proposals
(including manufactured home parks and subdivisions) that exceed fifty lots or five acres,
whichever is the lesser.
§ 165-702.17. Design criteria for utilities and facilities.
A. New sanitary sewer facilities and private package sewage treatment plants (including all pumping
stations and collector systems) are prohibited in the Special Flood Hazard Areas and Floodplain
Districts.
B. Replacement sanitary sewer facilities and private package sewer treatment plants (including all
pumping stations and collector systems) shall be designed to minimize or eliminate infiltration of
floodwaters into the systems and discharges from the systems into the floodwaters. In addition,
they should be located and constructed to minimize or eliminate flood damage and impairment.
C. All new or replacement water facilities shall be designed to minimize or eliminate infiltration of
floodwaters into the systems and be located and constructed to minimize or eliminate flood
damages.
D. All storm drainage facilities shall be designed to convey the flow of surface waters without
damage to persons or property. The systems shall ensure drainage away from building and on-
site waste disposal sites. The Board of Supervisors may require a primarily underground system
to accommodate frequent floods and a secondary surface system to accommodate larger, less
frequent floods. Drainage plans shall be consistent with local and regional drainage plans. The
facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties.
E. All utilities, such as gaslines, electrical and telephone systems, being placed in flood-prone areas
should be elevated (where possible) and constructed to minimize the change of impairment
during a flooding occurrence.
§ 165-702.20. Existing Structures in Floodplain Areas.
Any structure or use of a structure or premises must be brought into conformity with these provisions
when it is changed, repaired, or improved unless one of the following exceptions is established before
the change is made: which lawfully existed before the enactment of these provisions, but which is not
in conformity with these provisions, may be continued subject to the following conditions:
A. The floodplain manager has determined that:
1. Change is not a substantial repair or substantial improvement AND
2. No new square footage is being built in the floodplain that is not complaint AND
3. No new square footage is being built in the floodway AND
21
DRAFT - FP FLOODPLAIN DISTRICT (11/13/20)
18
4. The change complies with this ordinance and the VA USBC AND
5. The change, when added to all the changes made during a rolling 5-year period does not
constitute 50% of the structure’s value.
DCR Explanation:
This cumulative change requirement is a recommended higher standard. DCR has found that not
having a time period for cumulative change can lead to people trying to split work up to avoid hitting
the 50% limit which puts the community in a difficult place with enforcement and increases
administrative burdens.)
B. The changes are required to comply with a citation for a health or safety violation.
C. The structure is a historic structure and the change required would impair the historic nature of
the structure.
D. Existing structures in the Floodway Area shall not be expanded or enlarged unless it has been
demonstrated through hydrologic and hydraulic analyses performed in accordance with standard
engineering practices that the proposed expansion would not result in any increase in the base
flood elevation.
E. Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure
and/or use located in any flood plain areas to an extent or amount of less than fifty (50) percent
of its market value shall conform to the VA USBC.
F. The modification, alteration, repair, reconstruction, or improvement of any kind to a structure
and/or use, regardless of its location in a floodplain area to an extent or amount of fifty (50)
percent or more of its market value shall be undertaken only in full compliance with this chapter
and shall require the entire structure to conform to the VA USBC.
§ 165-702.21. Factors to be considered in granting variances.
A. Variances shall be issued only upon (i) a showing of good and sufficient cause, (ii) after the Board
of Zoning Appeals has determined that failure to grant the variance would result in exceptional
hardship to the applicant, and (iii) after the Board of Zoning Appeals has determined that the
granting of such variance will not result in (a) unacceptable or prohibited increases in flood
heights, (b) additional threats to public safety, (c) extraordinary public expense; and will not (d)
create nuisances, (e) cause fraud or victimization of the public, or (f) conflict with local laws or
ordinances.
B. While the granting of variances generally is limited to a lot size less than one-half acre, deviations
from that limitation may occur. However, as the lot size increases beyond one-half acre, the
technical justification required for issuing a variance increases. Variances may be issued by the
Board of Zoning Appeals for new construction and substantial improvements to be erected on a
lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures
constructed below the base flood level, in conformance with the provisions of this section.
22
DRAFT - FP FLOODPLAIN DISTRICT (11/13/20)
19
C. Variances may be issued for new construction and substantial improvements and for other
development necessary for the conduct of a functionally dependent use provided that the criteria
of this section are met, and the structure or other development is protected by methods that
minimize flood damages during the base flood and create no additional threats to public safety.
D. In passing upon applications for variances, the Board of Zoning Appeals shall satisfy all relevant
factors and procedures specified in other sections of this chapter and consider the following
additional factors:
1. The danger to life and property due to increased flood heights or velocities caused by
encroachments. No variance shall be granted for any proposed use, development or activity
within any Floodway District that will cause any increase in the one-hundred-year flood
elevation. one percent (1%) chance flood elevation.
2. The danger that materials may be swept on to other lands or downstream to the injury of
others.
3. The proposed water supply and sanitation systems and the ability of these systems to prevent
disease, contamination and unsanitary conditions.
4. The susceptibility of the proposed facility and its contents to flood damage and the effect of
such damage on the individual owners.
5. The importance of the services provided by the proposed facility to the County.
6. The requirements of the facility for a waterfront location.
7. The availability of alternative locations not subject to flooding for the proposed use.
8. The compatibility of the proposed use with existing development and development
anticipated in the foreseeable future.
9. The relationship of the proposed use to the Comprehensive Plan and floodplain management
program for the area.
10. The safety of access by ordinary and emergency vehicles to the property in time of flood.
11. he expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters
expected at the site.
12. The repair or rehabilitation of historic structures upon a determination that the proposed
repair or rehabilitation will not preclude the structure’s continued designation as an historic
structure and the variance is the minimum necessary to preserve the historic character and
design of the structure. The historic nature of a structure. Variances for repair or
rehabilitation of historic structures may be granted upon a determination that the proposed
repair or rehabilitation will not preclude the structure's continued designation as a historic
23
DRAFT - FP FLOODPLAIN DISTRICT (11/13/20)
20
structure and the variance is the minimum necessary to preserve the historic character and
design of the structure.
13. Such other factors which are relevant to the purposes of this article.
14. No variance shall be granted for an accessory structure exceeding 600 square feet.
E. The Board of Zoning Appeals may refer any application and accompanying documentation
pertaining to any request for a variance to the County Engineer or other qualified person or
agency for technical assistance in evaluating the proposed project in relation to flood heights
and velocities, and the adequacy of the plans for flood protection and other related matters.
F. Variances shall be issued only after the Board of Zoning Appeals has determined that the granting
of such will not result in: unacceptable or prohibited increases in flood heights, additional threats
to public safety or extraordinary public expense; and will not create nuisances, cause fraud or
victimization of the public or conflict with local laws or ordinances. (a) unacceptable or
prohibited increases in flood heights, (b) additional threats to public safety, (c) extraordinary
public expense; and will not (d) create nuisances, (e) cause fraud or victimization of the public,
or (f) conflict with local laws or ordinances.
G. Variances shall be issued only after the Board of Zoning Appeals has determined that the variance
will be the minimum required to provide relief.
H. The Board of Zoning Appeals shall notify the applicant for a variance, in writing, that the issuance
of a variance to construct a structure below the one-hundred-year flood elevation increases the
risks to life and property and will result in increased premium rates for flood insurance. one
percent (1%) chance flood elevation (a) increases the risks to life and property and (b) will result
in increased premium rates for flood insurance.
I. A record shall be maintained of the above notification as well as all variance actions, including
justification for the issuance of the variances. Any variances which are issued shall be noted in
the annual or biennial report submitted to the Federal Insurance Administrator.
§ 165-702.22. Penalties for Violations.
A. Any person who fails to comply with any of the requirements or provisions of this article or
directions of the Zoning Administrator or any authorized employee of Frederick County shall be
guilty of a misdemeanor and subject to the penalties outlined in §165-101.08 of this Chapter. The
VA USBC addresses building code violations and the associated penalties in Section 104 and
Section 115.
B. In addition to the above penalties, all other actions are hereby reserved, including an action in
equity for the proper enforcement of this article. The imposition of a fine or penalty for any
violation of, or noncompliance with, this article shall not excuse the violation or noncompliance
or permit it to continue; and all such persons shall be required to correct or remedy such violations
or noncompliances within a reasonable time. Any structure constructed, reconstructed, enlarged,
24
DRAFT - FP FLOODPLAIN DISTRICT (11/13/20)
21
altered or relocated in noncompliance with this article may be declared by Frederick County to be
a public nuisance and abated as such. Flood insurance may be withheld from structures
constructed in violation of this article.
ARTICLE I
GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS
Part 101 – General Provisions
§165-101.02. Definitions and word usage.
APPURTENANT OR ACCESSORY STRUCTURE - A non-residential structure which is on the same parcel of
property as the principal structure and the use of which is incidental to the use of the principal structure.
Accessory structures are not to exceed 600 square feet.
BASE FLOOD - The flood having a one percent chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION (BFE) –The water surface elevations of the base flood, that is, the flood level that
has a one percent or greater chance of occurrence in any given year. The water surface elevation of the
base flood in relation to the datum specified on the County’s Flood Insurance Rate Map. For the purposes
of this ordinance, the base flood is the 1% annual chance flood.
BASEMENT - Any area of the building having its floor sub-grade (below ground level) on all sides.
BOARD OF ZONING APPEALS - A Board whose members are appointed by the Circuit Court for the express
purpose of considering and acting on variances and zoning appeals.
DEVELOPMENT - Any man-made change to improved or unimproved real estate, including but not limited
to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling or other
land-disturbing activities or permanent or temporary storage of equipment or materials.
ELEVATED BUILDING - A non-basement building built to have the lowest floor elevated above the ground
level by means of fill, solid foundation perimeter walls, pilings, or columns (posts and piers).
ENCROACHMENT - With respect to a floodplain an encroachment shall be the advance or infringement of
uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain,
which may impede or alter the flow capacity of a floodplain.
EXISTING CONSTRUCTION - Structures for which the “start of construction” commenced before the
effective date of the FIRM or before January 1, 1975 for FIRMs effective before that date. “Existing
construction” may also be referred to as “existing structures” and “pre-FIRM.”
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - A manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and
25
DRAFT - FP FLOODPLAIN DISTRICT (11/13/20)
22
either final site grading or the pouring of concrete pads) is completed before the effective date of the
floodplain management regulations adopted by the County.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - The preparation of
additional sites by the construction of facilities for servicing the lots on which the manufacturing homes
are to be affixed (including the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads).
FLOOD OR FLOODING
1. A general or temporary condition of partial or complete inundation of normally dry land areas
from:
a. The overflow of inland or tidal waters; or,
b. The unusual and rapid accumulation or runoff of surface waters from any source.
c. Mudflows which are proximately caused by flooding as defined in paragraph (1)(b) of this
definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry
land areas, as when earth is carried by a current of water and deposited along the path of
the current.
2. The collapse or subsistence of land along the shore of a lake or other body of water as a result of
erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels
or suddenly caused by an unusually high water level in a natural body of water, accompanied by
a severe storm, or by an unanticipated force of nature such as flash flood or an abnormal tidal
surge, or by some similarly unusual and unforeseeable event which results in flooding as defined
in paragraph 1 (a) of this definition.
FLOOD INSURANCE RATE MAP (FIRM) – An official map of the County on which the Floodplain
Administrator has delineated both the special hazard areas and the risk premium zones applicable to the
County. Federal Emergency Management Agency has delineated both the special hazard areas and the
risk premium zones applicable to the community. A FIRM that has been made available digitally is called
a Digital Flood Insurance Rate Map (DFIRM).
FLOOD INSURANCE STUDY (FIS) – A report by FEMA that examines, evaluates and determines An
examination, evaluation and determination of flood hazards and, if appropriate, corresponding water
surface elevations, or an examination, evaluation and determination of mudflow and/or flood-related
erosion hazards.
FLOODPLAIN OR FLOOD-PRONE AREA - Any land area susceptible to being inundated by water from any
source.
FLOODPROOFING – Any combination of structural and non-structural additions, changes, or adjustments
to structures which reduce or eliminate flood damage to real estate or improved real property, water and
sanitary facilities, structures and their contents.
FLOODWAY - The channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface elevation
more than one foot at any point within the community.
26
DRAFT - FP FLOODPLAIN DISTRICT (11/13/20)
23
FREEBOARD - A factor of safety usually expressed in feet above a flood level for purposes of floodplain
management. “Freeboard” tends to compensate for the many unknown factors that could contribute to
flood heights greater than the height calculated for a selected size flood and floodway conditions, such as
wave action, bridge openings, and the hydrological effect of urbanization in the watershed.
FUNCTIONALLY DEPENDENT USE - A use which cannot perform its intended purpose unless it is located
or carried out in close proximity to water. This term includes only docking facilities, port facilities that
are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair
facilities, but does not include long-term storage or related manufacturing facilities.
HIGHEST ADJACENT GRADE – The highest natural elevation of the ground surface prior to construction
next to the proposed walls of a structure.
HISTORIC STRUCTURE - Any structure that is:
1. listed individually in the National Register of Historic Places (a listing maintained by the Department
of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
2. certified or preliminarily determined by the Secretary of the Interior as contributing to the historical
significance of a registered historic district or a district preliminarily determined by the Secretary to
qualify as a registered historic district;
3. individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of the Interior; or,
4. individually listed on a local inventory of historic places in communities with historic preservation
programs that have been certified either:
a. By an approved state program as determined by the Secretary of the Interior; or,
b. Directly by the Secretary of the Interior in states without approved programs.
HYDROLOGIC AND HYDRAULIC ENGINEERING ANALYSIS – Analyses performed by a licensed professional
engineer, in accordance with standard engineering practices that are accepted by the Virginia Department
of Conservation and Recreation and FEMA, used to determine the base flood, other frequency floods,
flood elevations, floodway information and boundaries, and flood profiles.
LETTERS OF MAP CHANGE (LOMC) - A Letter of Map Change is an official FEMA determination, by letter,
that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map
Change include:
1. LETTER OF MAP AMENDMENT (LOMA): An amendment based on technical data showing that a
property was incorrectly included in a designated special flood hazard area. A LOMA amends the
current effective Flood Insurance Rate Map and establishes that a Land as defined by meets and
bounds or structure is not located in a special flood hazard area.
2. LETTER OF MAP REVISION (LOMR): A revision based on technical data that may show changes to
flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. A
Letter of Map Revision Based on Fill (LOMR-F), is a determination that a structure or parcel of land
has been elevated by fill above the base flood elevation and is, therefore, no longer exposed to
flooding associated with the base flood. In order to qualify for this determination, the fill must have
been permitted and placed in accordance with the County’s floodplain management regulations.
27
DRAFT - FP FLOODPLAIN DISTRICT (11/13/20)
24
3. CONDITIONAL LETTER OF MAP REVISION (CLOMR): A formal review and comment as to whether a
proposed flood protection project or other project complies with the minimum NFIP requirements
for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise
the effective Flood Insurance Rate Map or Flood Insurance Study.
LOWEST ADJACENT GRADE - the lowest natural elevation of the ground surface next to the walls of a
structure.
LOWEST FLOOR - The lowest floor of the lowest enclosed area (including basement). An unfinished or
flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other
than a basement area is not considered a building’s lowest floor; provided, that such enclosure is not built
so as to render the structure in violation of the applicable non-elevation design requirements of Federal
Code 44CFR §60.3.
MOBILE OR MANUFACTURED HOME – A structure, transportable in one or more sections, which is built
on a permanent chassis and is designed for use with or without a permanent foundation when
connected to the required utilities. For floodplain management purposes the term “manufactured
home” also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater
than 180 consecutive days. in travel mode is eight body feet or more in width or 40 body feet or more in
length, or when erected on site, is 320 or more square feet and which is built in a permanent chassis and
designed to be used as a dwelling with or without a permanent foundation when connected to the
required utilities.
MOBILE OR MANUFACTURED HOME PARK OR SUBDIVISION - A parcel (or contiguous parcels) of land or a
subdivision divided into two or more manufactured home lots for rent or sale.
MEAN SEA LEVEL – for purposes of the National Flood Insurance Program, the National Geodetic Vertical
Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988 to which base flood
elevations shown on a community’s FIRM are referenced.
NEW CONSTRUCTION - For the purposes of determining insurance rates, structures for which the “start
of construction” commenced on or after January x, 2021, and includes any subsequent improvements to
such structures. For floodplain management purposes, new construction means structures for which start
of construction commenced on or after the effective date of a floodplain management regulation adopted
by the County and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION - A manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to be
affixed (including at a minimum, the installation of utilities, the construction of streets, and either final
site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain
management regulations adopted by the County.
MANUFACTURED HOME PARK OR SUBDIVISION - a parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
POST-FIRM STRUCTURES - A structure for which construction or substantial improvement occurred on
28
DRAFT - FP FLOODPLAIN DISTRICT (11/13/20)
25
or after January 29, 2021.
PRE-FIRM STRUCTURES - A structure for which construction or substantial improvement occurred before
January 29, 2021.
RECREATIONAL VEHICLE - A vehicle which is:
A. Built on a single chassis;
B. Four hundred square feet or less when measured at the largest horizontal projection;
C. Designed to be self-propelled or permanently towable by a light-duty truck; and
D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational camping, travel or seasonal use.
REPETITIVE LOSS STRUCTURE – A building covered by a contract for flood insurance that has incurred
flood-related damages on two occasions during in a 10-year period ending on the date of the event for
which a second claim is made, in which the cost of repairing the flood damage, on the average, equaled
or exceeded 25 percent of the market value of the building at the time of each flood event. in which the
cost of the repair, on the average, equaled or exceeded 25 percent of the market value of the structure
at the time of each such flood event; and at the time of the second incidence of flood-related damage,
the contract for flood insurance contains increased cost of compliance coverage.
SEVERE REPETITIVE LOSS STRUCTURE - a structure that: (a) Is covered under a contract for flood
insurance made available under the NFIP; and (b) Has incurred flood related damage - (i) For which 4 or
more separate claims payments have been made under flood insurance coverage with the amount of
each such claim exceeding $5,000, and with the cumulative amount of such claims payments exceeding
$20,000; or (ii) For which at least 2 separate claims payments have been made under such coverage,
with the cumulative amount of such claims exceeding the market value of the insured structure.
SHALLOW FLOODING AREA – A special flood hazard area with base flood depths from one to three feet
where a clearly defined channel does not exist, where the path of flooding is unpredictable and
indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or
sheet flow.
SPECIAL FLOOD HAZARD AREA - The land in the floodplain subject to a one (1%) percent or greater chance
of being flooded in any given year as determined in § 165-702.11.
START OF CONSTRUCTION - The date the building permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement or
other improvement was within 180 days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns, or any work beyond the stage of excavation; or the
placement of a manufactured home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading and filling; nor does it include the installation on the property of
accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main
structure. For a substantial improvement, the actual start of the construction means the first alteration
of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the
external dimensions of the building.
29
DRAFT - FP FLOODPLAIN DISTRICT (11/13/20)
26
STRUCTURE – For floodplain management purposes, a walled and roofed building, including a gas or liquid
storage tank, that is principally above ground, as well as a manufactured home. Structure, for insurance
rating purposes, means a walled and roofed building, other than a gas or liquid storage tank, that is
principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent
foundation. For the latter purpose, the term includes a building while in the course of construction,
alteration or repair, but does not include building materials or supplies intended for use in such
construction, alteration or repair, unless such materials or supplies are within an enclosed building on the
premises.
SUBSTANTIAL DAMAGE - Damage of any origin sustained by a structure whereby the cost of restoring the
structure to its before-damaged condition would equal or exceed 50% of the market value of the structure
before the damage occurred. This shall also mean flood-related damages sustained by a structure on
two occasions in a 10-year period, in which the cost of the repair, on the average, equals or exceeds 25
percent of the market value of the structure at the time of each such flood event.
SUBSTANTIAL IMPROVEMENT - Any reconstruction, rehabilitation, addition or other improvement of a
structure, the cost of which equals or exceeds 50% of the market value of the structure before the start
of construction of the improvement. This term includes structures which have incurred substantial
damage regardless of the actual repair work performed. The term does not, however, include either.
1. Any project for improvement of a structure to correct existing violations of state or local health,
sanitary, or safety code specifications which have been identified by the local code enforcement
official and which are the minimum necessary to assure safe living conditions, or
2. Any alteration of a historic structure, provided that the alteration will not preclude the structure’s
continued designation as a historic structure.
3. Historic structures undergoing repair or rehabilitation that would constitute a substantial
improvement as defined above, must comply with all ordinance requirements that do not preclude
the structure’s continued designation as a historic structure. Documentation that a specific
ordinance requirement will cause removal of the structure from the National Register of Historic
Places or the State Inventory of Historic places must be obtained from the Secretary of the Interior
or the State Historic Preservation Officer. Any exemption from ordinance requirements will be the
minimum necessary to preserve the historic character and design of the structure.
VIOLATION - For floodplain management purposes, violation includes the failure of a structure or other
development to be fully compliant with the County's flood plain management regulations. A structure or
other development without the elevation certificate, other certifications, or other evidence of compliance
required in this ordinance is presumed to be in violation until such time as that documentation is provided.
WATERCOURSE - A lake, river, creek, stream, wash, channel or other topographic feature on or over which
waters flow at least periodically. Watercourse includes specifically designated areas in which substantial
flood damage may occur.
30
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
1
XV. Example Floodplain Management Ordinance
This is an example of an ordinance that could be used by municipalities to comply with the
requirements of the Federal Emergency Management Agency’s (FEMA) National Flood Insurance
Program (NFIP) regulations. Your municipal attorney and engineer should be consulted to make
this fit the needs of your community.
In using these provisions, certain things must be understood and kept in mind:
These provisions should be modified to reflect the kinds of flooding hazards in your
community as well as the community's circumstances, objectives, or policies.
These provisions have been prepared only with the intention of meeting the minimum
requirements of the FEMA NFIP regulations and the Virginia Uniform State Building Code
(USBC).
The Department of Conservation and Recreation (DCR) suggests that in some cases the
minimum standards provide insufficient protection, create a risk of higher than necessary
insurance rates, or create a more complex program. In these cases we have recommended
specific higher standards or excluded additional complex options. We do this with italics
and try to explain why the change is recommended or a provision might require additional
attention in a footnote. Local requirements (higher standards) are encouraged, such as those
under the Community Rating System (CRS) for example, and are supported by the Federal
Emergency Management Agency and DCR. The more restrictive local regulations are
recognized as taking precedence over the federal minimum guidelines.
The needs, circumstances, and objectives of communities are diverse and the development
of a single model ordinance or set of provisions for use by all is unrealistic to produce and
what is provided may be subject to community revisions to meet individualized needs.
This document is a template highlighting minimum requirements a community must have
in their ordinance pursuant to federal requirements. You must make certain changes in
order for this template to act as a document that meets 44 CFR requirements for your
community. Changes required are as follows:
o Replace text {community} throughout the document with the name of the
community adopting the ordinance.
o Add the date of the community’s effective Flood Insurance Rate Map (FIRM) and
Flood Insurance Study (FIS) to the first paragraph of Article III, Section 3.1.A as
indicated.
o Adopt, sign and date the ordinance as described in Article VII.
If there are any questions concerning these suggested provisions or concerning the National Flood
Insurance Program, please contact DCR’s Division of Dam Safety and Floodplain Management at
(804) 371-6095 or the FEMA Region 3 Office at (215) 931-5500.
31
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
2
Contents
ORDINANCE NO.____ ................................................................................................................. 3
ARTICLE I - GENERAL PROVISIONS ....................................................................................... 3
Section 1.1 – Statutory Authorization and Purpose [44 CFR 59.22(a)(2)] ................................. 3
Section 1.2 – Applicability ......................................................................................................... 4
Section 1.3 - Compliance and Liability ...................................................................................... 4
Section 1.4 – Records [44 CFR 59.22(a)(9)(iii)] ........................................................................ 4
Section 1.5 - Abrogation and Greater Restrictions [44 CFR 60.1(b)] ........................................ 4
Section 1.6 - Severability ............................................................................................................ 5
Section 1.7 - Penalty for Violations [44 CFR 60.2(e)] ............................................................... 5
ARTICLE II - ADMINISTRATION .............................................................................................. 6
Section 2.1 - Designation of the Floodplain Administrator [44 CFR 59.22(b)] ......................... 6
Section 2.2 - Duties and Responsibilities of the Floodplain Administrator [44 CFR 60.3] ....... 6
Section 2.3 - Use and Interpretation of FIRMs [44 CFR 60.3] ................................................... 8
Section 2.4 - Jurisdictional Boundary Changes [44 CFR 59.22, 65.3] ....................................... 9
Section 2.5 - District Boundary Changes .................................................................................. 10
Section 2.6 - Interpretation of District Boundaries ................................................................... 10
Section 2.7 – Submitting Model Backed Technical Data [44 CFR 65.3] ................................. 10
Section 2.8 – Letters of Map Revision...................................................................................... 10
ARTICLE III - ESTABLISHMENT OF ZONING DISTRICTS ................................................. 12
Section 3.1 - Description of Special Flood Hazard Districts [44 CFR 59.1, 60.3] ................... 12
Section 3.2 - Overlay Concept .................................................................................................. 17
ARTICLE IV - DISTRICT PROVISIONS [44 CFR 59.22, 60.2, 60.3] ...................................... 18
Section 4.1 – Permit and Application Requirements ................................................................ 18
Section 4.2 - General Standards ................................................................................................ 18
Section 4.3 - Elevation and Construction Standards [44 CFR 60.3] ........................................ 19
Section 4.4 - Standards for Subdivision Proposals ................................................................... 23
ARTICLE V – EXISTING STRUCTURES IN FLOODPLAIN AREAS ................................... 24
ARTICLE VI - VARIANCES: FACTORS TO BE CONSIDERED [44 CFR 60.6] ................... 25
ARTICLE VII - GLOSSARY [44 CFR 59.1] .............................................................................. 28
ARTICLE VIII – ENACTMENT ................................................................................................. 34
32
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
3
ORDINANCE NO.____
AN ORDINANCE AMENDING ORDINANCE NO.____, THE ZONING ORDINANCE OF
{community}VIRGINIA, BY ESTABLISHING FLOODPLAIN DISTRICTS, BY REQUIRING
THE ISSUANCE OF PERMITS FOR DEVELOPMENT, AND BY PROVIDING FACTORS
AND CONDITIONS FOR VARIANCES TO THE TERMS OF THE ORDINANCES.
BE IT ENACTED AND ORDAINED BY THE {community}, Virginia, as follows:
ARTICLE I - GENERAL PROVISIONS
Section 1.1 – Statutory Authorization and Purpose [44 CFR 59.22(a)(2)]
Va. Code § 15.2-2283 specifies that zoning ordinances shall be for the general purpose of
promoting the health, safety, or general welfare of the public and of further accomplishing the
objectives of § 15.2-2200 which encourages localities to improve the public health, safety,
convenience, and welfare of their citizens. To these ends, flood ordinances shall be designed to
provide for safety from flood, to facilitate the provision of flood protection, and to protect against
loss of life, health, or property from flood.
In accordance with these directed provisions, this ordinance is specifically adopted pursuant to the
authority granted to localities by Va. Code § 15.2 - 2280.
The purpose of these provisions is to prevent: the loss of life, health, or property, the creation of
health and safety hazards, the disruption of commerce and governmental services, the
extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the
impairment of the tax base by:
A. Regulating uses, activities, and development which, alone or in combination with other
existing or future uses, activities, and development, will cause unacceptable increases in
flood heights, velocities, and frequencies;
B. Restricting or prohibiting certain uses, activities, and development from locating within
districts subject to flooding;
C. Requiring all those uses, activities, and developments that do occur in flood-prone districts
to be protected and/or floodproofed against flooding and flood damage; and,
D. Protecting individuals from buying land and structures which are unsuited for intended
purposes because of flood hazards.
33
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
4
Section 1.2 – Applicability
These provisions shall apply to all privately and publicly owned lands within the jurisdiction of
{community} and identified as areas of special flood hazard identified by the community 1 or shown
on the flood insurance rate map (FIRM) or included in the flood insurance study (FIS) that are
provided to the {community} by FEMA.
Section 1.3 - Compliance and Liability
A. No land shall hereafter be developed and no structure shall be located, relocated,
constructed, reconstructed, enlarged, or structurally altered except in full compliance with
the terms and provisions of this ordinance and any other applicable ordinances and
regulations which apply to uses within the jurisdiction of this ordinance.
B. The degree of flood protection sought by the provisions of this ordinance is considered
reasonable for regulatory purposes and is based on acceptable engineering methods of
study, but does not imply total flood protection. Larger floods may occur on rare occasions.
Flood heights may be increased by man-made or natural causes, such as ice jams and bridge
openings restricted by debris. This ordinance does not imply that districts outside the
floodplain district or land uses permitted within such district will be free from flooding or
flood damages.
C. This ordinance shall not create liability on the part of {community} or any officer or
employee thereof for any flood damages that result from reliance on this ordinance or any
administrative decision lawfully made thereunder.
Section 1.4 – Records [44 CFR 59.22(a)(9)(iii)]
Records of actions associated with administering this ordinance shall be kept on file and
maintained by or under the direction of the Floodplain Administrator in perpetuity 2.
Section 1.5 - Abrogation and Greater Restrictions [44 CFR 60.1(b)]
To the extent that the provisions are more restrictive, this ordinance supersedes any ordinance
currently in effect in flood-prone districts. To the extent that any other existing law or regulation
is more restrictive or does not conflict it shall remain in full force and effect.
These regulations are not intended to repeal or abrogate any existing ordinances including
subdivision regulations, zoning ordinances, or building codes. In the event of a conflict between
these regulations and any other ordinance, the more restrictive shall govern.
1 Communities have the authority and are encouraged to regulate areas known to flood that do not appear in the FIRM
or FIS. Even if you have not identified areas of flood risk that are not included in FEMA’s products you might want
to adopt this higher standard to reserve the option to identify and regulate locally known risk areas. 2 This is a requirement to participate in the NFIP and is more restrictive then the Library of Virginia policy. If these
records are not available, there is no way to show that a structure was built in compliance with the regulations at the
time. Maintaining these records is the only way the community can show that it has been fairly administering the
program.
34
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
5
Section 1.6 - Severability
If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance shall be declared
invalid for any reason whatever, such decision shall not affect the remaining portions of this
ordinance. The remaining portions shall remain in full force and effect; and for this purpose, the
provisions of this ordinance are hereby declared to be severable.
Section 1.7 - Penalty for Violations [44 CFR 60.2(e)]
Any person who fails to comply with any of the requirements or provisions of this article or directions
of the director of planning or any authorized employee of the {community} shall be guilty of the
appropriate violation and subject to the penalties thereof.
The VA USBC addresses building code violations and the associated penalties in Section 104 and
Section 115. Violations and associated penalties of the Zoning Ordinance of {community} are
addressed in Section ____ of the Zoning Ordinance.
In addition to the above penalties, all other actions are hereby reserved, including an action in equity
for the proper enforcement of this article. The imposition of a fine or penalty for any violation of,
or noncompliance with, this article shall not excuse the violation or noncompliance or permit it to
continue; and all such persons shall be required to correct or remedy such violations within a
reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in
noncompliance with this article may be declared by the {community} to be a public nuisance and
abatable as such. Flood insurance may be withheld from structures constructed in violation of this
article.3
3 If this is not a part of the zoning ordinance specific fines and penalties will need to be adopted instead.
35
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
6
ARTICLE II - ADMINISTRATION
Section 2.1 - Designation of the Floodplain Administrator [44 CFR 59.22(b)]
The Floodplain Administrator 4 is hereby appointed to administer and implement these regulations
and is referred to herein as the Floodplain Administrator. The Floodplain Administrator may:
A. Do the work themselves. In the absence of a designated Floodplain Administrator, the
duties are conducted by the {community} chief executive officer.
B. Delegate duties and responsibilities set forth in these regulations to qualified technical
personnel, plan examiners, inspectors, and other employees.
C. Enter into a written agreement or written contract with another community or private sector
entity to administer specific provisions of these regulations. Administration of any part of
these regulations by another entity shall not relieve the community of its responsibilities
pursuant to the participation requirements of the National Flood Insurance Program as set
forth in the Code of Federal Regulations at 44 C.F.R. Section 59.22.
Section 2.2 - Duties and Responsibilities of the Floodplain Administrator [44 CFR 60.3]
The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:
A. Review applications for permits to determine whether proposed activities will be located
in the Special Flood Hazard Area (SFHA).
B. Interpret floodplain boundaries and provide available base flood elevation and flood hazard
information.
C. Review applications to determine whether proposed activities will be reasonably safe from
flooding and require new construction and substantial improvements to meet the
requirements of these regulations.
D. Review applications to determine whether all necessary permits have been obtained from
the Federal, State, or local agencies from which prior or concurrent approval is required;
in particular, permits from state agencies for any construction, reconstruction, repair, or
alteration of a dam, reservoir, or waterway obstruction (including bridges, culverts,
structures), any alteration of a watercourse, or any change of the course, current, or cross
section of a stream or body of water, including any change to the 100-year frequency
floodplain of free-flowing non-tidal waters of the State.
E. Verify that applicants proposing an alteration of a watercourse have notified adjacent
communities, the Department of Conservation and Recreation (Division of Dam Safety
and Floodplain Management), and other appropriate agencies (VADEQ, USACE), and
have submitted copies of such notifications to FEMA.
4 Instead of Floodplain Administrator you can appoint the zoning administrator, town manager or other official who
can be specifically identified here. Floodplain administrator does not always have to be a standalone job, but someone
has to have the job.
36
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
7
F. Advise applicants for new construction or substantial improvement of structures that are
located within an area of the Coastal Barrier Resources System established by the Coastal
Barrier Resources Act that Federal flood insurance is not available on such structures; areas
subject to this limitation are shown on Flood Insurance Rate Maps as Coastal Barrier
Resource System Areas (CBRS) or Otherwise Protected Areas (OPA).
G. Approve applications and issue permits to develop in flood hazard areas if the provisions
of these regulations have been met, or disapprove applications if the provisions of these
regulations have not been met.
H. Inspect or cause to be inspected, buildings, structures, and other development for which
permits have been issued to determine compliance with these regulations or to determine
if non-compliance has occurred or violations have been committed.
I. Review Elevation Certificates and require incomplete or deficient certificates to be
corrected.
J. Submit to FEMA, or require applicants to submit to FEMA, data and information necessary
to maintain FIRMs, including hydrologic and hydraulic engineering analyses prepared by
or for the {community}, within six months after such data and information becomes
available if the analyses indicate changes in base flood elevations.
K. Maintain and permanently keep records that are necessary for the administration of these
regulations, including:
1. Flood Insurance Studies, Flood Insurance Rate Maps (including historic studies and
maps and current effective studies and maps), and Letters of Map Change; and
2. Documentation supporting issuance and denial of permits, Elevation Certificates,
documentation of the elevation (in relation to the datum on the FIRM) to which
structures have been floodproofed, inspection records, other required design
certifications, variances, and records of enforcement actions taken to correct violations
of these regulations.
L. Enforce the provisions of these regulations, investigate violations, issue notices of
violations or stop work orders, and require permit holders to take corrective action.
M. Advise the Board of Zoning Appeals regarding the intent of these regulations and, for each
application for a variance, prepare a staff report and recommendation.
N. Administer the requirements related to proposed work on existing buildings:
1. Make determinations as to whether buildings and structures that are located in flood
hazard areas and that are damaged by any cause have been substantially damaged.
2. Make reasonable efforts to notify owners of substantially damaged structures of the
need to obtain a permit to repair, rehabilitate, or reconstruct. Prohibit the non-compliant
repair of substantially damaged buildings except for temporary emergency protective
37
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
8
measures necessary to secure a property or stabilize a building or structure to prevent
additional damage.
O. Undertake, as determined appropriate by the Floodplain Administrator due to the
circumstances, other actions which may include but are not limited to: issuing press
releases, public service announcements, and other public information materials related to
permit requests and repair of damaged structures; coordinating with other Federal, State,
and local agencies to assist with substantial damage determinations; providing owners of
damaged structures information related to the proper repair of damaged structures in
special flood hazard areas; and assisting property owners with documentation necessary to
file claims for Increased Cost of Compliance coverage under NFIP flood insurance
policies.
P. Notify the Federal Emergency Management Agency when the corporate boundaries of the
{community} have been modified and:
1. Provide a map that clearly delineates the new corporate boundaries or the new area for
which the authority to regulate pursuant to these regulations has either been assumed
or relinquished through annexation; and
2. If the FIRM for any annexed area includes special flood hazard areas that have flood
zones that have regulatory requirements that are not set forth in these regulations,
prepare amendments to these regulations to adopt the FIRM and appropriate
requirements, and submit the amendments to the governing body for adoption; such
adoption shall take place at the same time as or prior to the date of annexation and a
copy of the amended regulations shall be provided to Department of Conservation and
Recreation (Division of Dam Safety and Floodplain Management) and FEMA.
Q. Upon the request of FEMA, complete and submit a report concerning participation in the
NFIP which may request information regarding the number of buildings in the SFHA,
number of permits issued for development in the SFHA, and number of variances issued
for development in the SFHA.
R. It is the duty of the Community Floodplain Administrator to take into account flood,
mudslide and flood-related erosion hazards, to the extent that they are known, in all official
actions relating to land management and use throughout the entire jurisdictional area of the
Community, whether or not those hazards have been specifically delineated geographically
(e.g. via mapping or surveying).
Section 2.3 - Use and Interpretation of FIRMs [44 CFR 60.3]
The Floodplain Administrator shall make interpretations, where needed, as to the exact location of
special flood hazard areas, floodplain boundaries, and floodway boundaries. The following shall
apply to the use and interpretation of FIRMs and data:
A. Where field surveyed topography indicates that adjacent ground elevations:
1. Are below the base flood elevation in riverine SFHAs, or below the 1% storm surge
elevation in coastal SFHAs, even in areas not delineated as a special flood hazard area
38
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
9
on a FIRM, the area shall be considered as special flood hazard area and subject to the
requirements of these regulations;
2. Are above the base flood elevation and the area is labelled as a SFHA on the FIRM,
the area shall be regulated as special flood hazard area unless the applicant obtains a
Letter of Map Change that removes the area from the SFHA.
B. In FEMA-identified special flood hazard areas where base flood elevation and floodway
data have not been identified and in areas where FEMA has not identified SFHAs, any
other flood hazard data available from a Federal, State, or other source shall be reviewed
and reasonably used.
C. Base flood elevations and designated floodway boundaries on FIRMs and in FISs shall
take precedence over base flood elevations and floodway boundaries by any other sources
if such sources show reduced floodway widths and/or lower base flood elevations.
D. Other sources of data shall be reasonably used if such sources show increased base flood
elevations and/or larger floodway areas than are shown on FIRMs and in FISs.
E. If a Preliminary Flood Insurance Rate Map and/or a Preliminary Flood Insurance Study
has been provided by FEMA:
1. Upon the issuance of a Letter of Final Determination by FEMA, the preliminary flood
hazard data shall be used and shall replace the flood hazard data previously provided
from FEMA for the purposes of administering these regulations.
2. Prior to the issuance of a Letter of Final Determination by FEMA, the use of
preliminary flood hazard data shall be deemed the best available data pursuant to
Article III, Section 3.1.A.3 and used where no base flood elevations and/or floodway
areas are provided on the effective FIRM.
3. Prior to issuance of a Letter of Final Determination by FEMA, the use of preliminary
flood hazard data is permitted where the preliminary base flood elevations or floodway
areas exceed the base flood elevations and/or designated floodway widths in existing
flood hazard data provided by FEMA. Such preliminary data may be subject to change
and/or appeal to FEMA.
Section 2.4 - Jurisdictional Boundary Changes [44 CFR 59.22, 65.3]
The County floodplain ordinance in effect on the date of annexation shall remain in effect and
shall be enforced by the municipality for all annexed areas until the municipality adopts and
enforces an ordinance which meets the requirements for participation in the National Flood
Insurance Program. Municipalities with existing floodplain ordinances shall pass a resolution
acknowledging and accepting responsibility for enforcing floodplain ordinance standards prior to
annexation of any area containing identified flood hazards. If the FIRM for any annexed area
includes special flood hazard areas that have flood zones that have regulatory requirements that
are not set forth in these regulations, the governing body shall prepare amendments to these
regulations to adopt the FIRM and appropriate requirements, and submit the amendments to the
governing body for adoption; such adoption shall take place at the same time as or prior to the date
39
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
10
of annexation and a copy of the amended regulations shall be provided to Department of
Conservation and Recreation (Division of Dam Safety and Floodplain Management) and FEMA.
In accordance with the Code of Federal Regulations, Title 44 Subpart (B) Section 59.22(a)(9)(v)
all NFIP participating communities must notify the Federal Insurance Administration and
optionally the State Coordinating Office in writing whenever the boundaries of the community
have been modified by annexation or the community has otherwise assumed or no longer has
authority to adopt and enforce floodplain management regulations for a particular area.
In order that all Flood Insurance Rate Maps accurately represent the community’s boundaries, a
copy of a map of the community suitable for reproduction, clearly delineating the new corporate
limits or new area for which the community has assumed or relinquished floodplain management
regulatory authority must be included with the notification.
Section 2.5 - District Boundary Changes
The delineation of any of the Floodplain Districts may be revised by the {community} where
natural or man-made changes have occurred and/or where more detailed studies have been
conducted or undertaken by the U. S. Army Corps of Engineers or other qualified agency, or an
individual documents the need for such change. However, prior to any such change, approval must
be obtained from the Federal Emergency Management Agency. A completed LOMR is a record
of this approval.
Section 2.6 - Interpretation of District Boundaries
Initial interpretations of the boundaries of the Floodplain Districts shall be made by the Zoning
Officer. Should a dispute arise concerning the boundaries of any of the Districts, the Board of
Zoning Appeals shall make the necessary determination. The person questioning or contesting the
location of the District boundary shall be given a reasonable opportunity to present his case to the
Board and to submit his own technical evidence if he so desires.
Section 2.7 – Submitting Model Backed Technical Data [44 CFR 65.3]
A community’s base flood elevations may increase or decrease resulting from physical changes
affecting flooding conditions. As soon as practicable, but not later than six months after the date
such information becomes available, a community shall notify the Federal Emergency
Management Agency of the changes by submitting technical or scientific data. The community
may submit data via a LOMR. Such a submission is necessary so that upon confirmation of those
physical changes affecting flooding conditions, risk premium rates and floodplain management
requirements will be based upon current data.
Section 2.8 – Letters of Map Revision
When development in the floodplain will cause or causes a change in the base flood elevation, the
applicant, including state agencies, must notify FEMA by applying for a Conditional Letter of Map
Revision and then a Letter of Map Revision.
40
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
11
Example cases:
• Any development that causes a rise in the base flood elevations within the floodway.
• Any development occurring in Zones A1-30 and AE without a designated floodway, which
will cause a rise of more than one foot in the base flood elevation.
• Alteration or relocation of a stream (including but not limited to installing culverts and
bridges) 44 Code of Federal Regulations §65.3 and §65.6(a)(12).
41
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
12
ARTICLE III - ESTABLISHMENT OF ZONING DISTRICTS
Section 3.1 - Description of Special Flood Hazard Districts [44 CFR 59.1, 60.3]
A. Basis of Districts
The various special flood hazard districts shall include the SFHAs. The basis for the delineation
of these districts shall be the FIS and the FIRM for {community} prepared by the Federal
Emergency Management Agency, Federal Insurance Administration, dated _______________
{insert the effective date of the community’s Flood Insurance Rate Map}5, and any subsequent
revisions or amendments thereto.
The {community} may identify and regulate local flood hazard or ponding areas that are not
delineated on the FIRM. These areas may be delineated on a “Local Flood Hazard Map” using
best available topographic data and locally derived information such as flood of record, historic
high water marks, or approximate study methodologies.
The boundaries of the SFHA Districts are established as shown on the FIRM which is declared to
be a part of this ordinance and which shall be kept on file at the {community} offices.
1. The Floodway District is in an AE Zone and is delineated, for purposes of this
ordinance, using the criterion that certain areas within the floodplain must be capable
of carrying the waters of the one percent annual chance flood without increasing the
water surface elevation of that flood more than one (1) foot at any point. The areas
included in this District are specifically defined in Table ____ of the above-referenced
FIS and shown on the accompanying FIRM.
The following provisions shall apply within the Floodway District of an AE zone [44
CFR 60.3(d)]:
a. Within any floodway area, no encroachments, including fill, new construction,
substantial improvements, or other development shall be permitted unless it has
been demonstrated through hydrologic and hydraulic analysis performed in
accordance with standard engineering practice that the proposed encroachment will
not result in any increase in flood levels within the community during the
occurrence of the base flood discharge. Hydrologic and hydraulic analyses shall be
undertaken only by professional engineers or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect currently-
accepted technical concepts. Studies, analyses, computations, etc., shall be
submitted in sufficient detail to allow a thorough review by the Floodplain
Administrator.
Development activities which increase the water surface elevation of the base flood
may be allowed, provided that the applicant first applies – with the {community’s}
5 If preparing an ordinance amendment for adoption of a new FIRM and FIS, the new effective date should be used
here, not the initial FIRM date. Every time a community receives a new FIRM, an ordinance amendment must be
adopted to update the FIRM’s effective date. This amendment must be adopted and approved by FEMA prior to the
effective date of the new FIRM to avoid suspension from the NFIP.
42
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
13
endorsement – for a Conditional Letter of Map Revision (CLOMR), and receives
the approval of the Federal Emergency Management Agency.
If Article III, Section 3.1.A.1.a is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions
of Article 4.
b. The placement of manufactured homes (mobile homes) is prohibited, except in an
existing manufactured home (mobile home) park or subdivision. A replacement
manufactured home may be placed on a lot in an existing manufactured home park
or subdivision provided the anchoring, elevation, and encroachment standards are
met.
2. The AE, or AH Zones on the FIRM accompanying the FIS shall be those areas for
which one-percent annual chance flood elevations have been provided and the
floodway has not been delineated. The following provisions shall apply within an AE
or AH zone [44 CFR 60.3(c)] where FEMA has provided base flood elevations 6:
Until a regulatory floodway is designated, no new construction, substantial
improvements, or other development (including fill) shall be permitted within the areas
of special flood hazard, designated as Zones A1-30, AE, or AH on the FIRM, unless it
is demonstrated that the cumulative effect of the proposed development, when
combined with all other existing and anticipated development, will not increase the
water surface elevation of the base flood more than one foot at any point within the
{community}.
Development activities in Zones Al-30, AE, or AH on the {community's} FIRM which
increase the water surface elevation of the base flood by more than one foot may be allowed,
provided that the applicant first applies – with the {community’s} endorsement – for a
Conditional Letter of Map Revision, and receives the approval of the Federal Emergency
Management Agency.
3. The A Zone on the FIRM accompanying the FIS shall be those areas for which no
detailed flood profiles or elevations are provided, but the one percent annual chance
floodplain boundary has been approximated. For these areas, the following provisions
shall apply [44 CFR 60.3(b)]:
The Approximated Floodplain District shall be that floodplain area for which no
detailed flood profiles or elevations are provided, but where a one percent annual
chance floodplain boundary has been approximated. Such areas are shown as Zone A
on the maps accompanying the FIS. For these areas, the base flood elevations and
floodway information from Federal, State, and other acceptable sources shall be used,
when available. Where the specific one percent annual chance flood elevation cannot
be determined for this area using other sources of data, such as the U. S. Army Corps
of Engineers Floodplain Information Reports, U. S. Geological Survey Flood-Prone
6 The requirement in 60.3(c)(10) only applies along rivers, streams, and other watercourses where FEMA has provided base flood elevations. The
requirement does not apply along lakes, bays and estuaries, and the ocean coast.
43
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
14
Quadrangles, etc., then the applicant for the proposed use, development and/or activity
shall determine this base flood elevation. For development proposed in the approximate
floodplain the applicant must use technical methods that correctly reflect currently
accepted practices, such as point on boundary, high water marks, or detailed
methodologies hydrologic and hydraulic analyses. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough review by the Floodplain
Administrator.
The Floodplain Administrator reserves the right to require a hydrologic and hydraulic
analysis for any development. When such base flood elevation data is utilized, the
lowest floor shall be elevated to or above the base flood level plus eighteen (18) inches 7.
During the permitting process, the Floodplain Administrator shall obtain:
a. The elevation of the lowest floor (in relation to mean sea level), including the
basement, of all new and substantially improved structures; and,
b. If the structure has been floodproofed in accordance with the requirements of this
article, the elevation (in relation to mean sea level) to which the structure has been
floodproofed.
Base flood elevation data shall be obtained from other sources or developed using
detailed methodologies comparable to those contained in a FIS for subdivision
proposals and other proposed development proposals (including manufactured home
parks and subdivisions) that exceed fifty lots or five acres, whichever is the lesser 8.
4. The AO Zone on the FIRM accompanying the FIS shall be those areas of shallow
flooding identified as AO on the FIRM. For these areas, the following provisions shall
apply [44 CFR 60.3(c)]:
a. All new construction and substantial improvements of residential structures shall
have the lowest floor, including basement, elevated to or above the flood depth
specified on the FIRM, above the highest adjacent grade at least as high as the depth
number specified in feet on the FIRM. If no flood depth number is specified, the
lowest floor, including basement, shall be elevated no less than two feet above the
highest adjacent grade.
b. All new construction and substantial improvements of non-residential structures
shall
(1) Have the lowest floor, including basement, elevated to or above the flood depth
specified on the FIRM, above the highest adjacent grade at least as high as the
7 The flood maps anticipate one foot of rise in BFE due to fill in the floodplain, so while building to BFE is all that is
required; it will result in flooding if all assumptions made in mapping are correct. Flood insurance rounds up for
freeboard so an 18 inch requirement offers the best “bang for the buck” in reducing flood insurance rates and allows
for an additional margin of safety in case the models have an error or are based on incomplete data.
8 The recommended standard here is 5 lots instead of 50. Fifty lots is the breakpoint suggested in the federal regulations
but the 5/5 rule is less confusing and captures more commercial development.
44
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
15
depth number specified in feet on the FIRM. If no flood depth number is
specified, the lowest floor, including basement, shall be elevated at least two
feet above the highest adjacent grade; or,
(2) Together with attendant utility and sanitary facilities be completely
floodproofed to the specified flood level so that any space below that level is
watertight with walls substantially impermeable to the passage of water and
with structural components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy.
c. Adequate drainage paths around structures on slopes shall be provided to guide
floodwaters around and away from proposed structures.
5. The Coastal A Zone 9 is labelled as AE on the FIRM; it is those areas that are seaward
of the limit of moderate wave action (LiMWA) line. As defined by the VA USBC,
these areas are subject to wave heights between 1.5 feet and 3 feet. For these areas, the
following provisions shall apply:
Buildings and structures within this zone shall have the lowest floor elevated to or
above the base flood elevation plus one foot 10 of freeboard, and must comply with the
provisions in Article III, Section 3.1.A.2 and Article IV, Sections 4.2 and 4.3.
6. The VE or V Zones on FIRMs accompanying the FIS shall be those areas that are
known as Coastal High Hazard areas, extending from offshore to the inland limit of a
primary frontal dune along an open coast or other areas subject to high velocity waves.
For these areas, the following provisions shall apply [44 CFR 60.3(e)]:
a. All new construction and substantial improvements in Zones V and VE, including
manufactured homes, shall be elevated on pilings or columns so that:
(1) The bottom of the lowest horizontal structural member of the lowest floor
(excluding the pilings or columns) is elevated to or above the base flood level
plus eighteen (18) inches.11 if the lowest horizontal structural member is
parallel to the direction of wave approach or elevated at least two feet above
the base flood level if the lowest horizontal structural member is perpendicular
to the direction of wave approach; and,
(2) The pile or column foundation and structure attached thereto is anchored to
9 Instead of having a coastal A zone a community can include this area in the V zone, adopting these standards for
Coastal A areas provides a higher degree of protection, reflects the level of surge risk seen in actual events, and helps
ensure that buildings built now receive favorable insurance rates if FEMA does change their program requirements to
include coastal A limitations. Right now the only provisions effecting this zone are found in the Virginia Building
Code and are reflected in the language here.
10 If your community has adopted a higher freeboard (as is recommended) this one foot requirement might need to be
changed for consistency with the freeboard required in A or V zones. Consider changing the one foot to 18” of
freeboard.
11 . Flood insurance rounds up for freeboard so an 18 inch requirement offers the best “bang for the buck” in reducing
flood insurance rates and allows for an additional margin of safety in case the models have an error or are based on
incomplete data.
45
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
16
resist flotation, collapse, and lateral movement due to the effects of wind and
water loads acting simultaneously on all building components. Wind and water
loading values shall each have a one percent chance of being equalled or
exceeded in any given year (one-percent annual chance).
b. A registered professional engineer or architect shall develop or review the structural
design, specifications and plans for the construction, and shall certify that the
design and methods of construction to be used are in accordance with accepted
standards of practice for meeting the provisions of Article III, Section A.6.a.
c. The Floodplain Administrator shall obtain the elevation (in relation to mean sea
level) of the bottom of the lowest horizontal structural member of the lowest floor
(excluding pilings and columns) of all new and substantially improved structures
in Zones V and VE. The Floodplain Management Administrator shall maintain a
record of all such information.
d. All new construction shall be located landward of the reach of mean high tide.
e. All new construction and substantial improvements shall have the space below the
lowest floor either free of obstruction 12 or constructed with non-supporting
breakaway walls, open wood-lattice work, or insect screening intended to collapse
under wind and water loads without causing collapse, displacement, or other
structural damage to the elevated portion of the building or supporting foundation
system. For the purpose of this Section, a breakaway wall shall have a design safe
loading resistance of not less than 10 and no more than 20 pounds per square foot.
Use of breakaway walls which exceed a design safe loading resistance of 20 pounds
per square foot (either by design or when so required by local codes) may be
permitted only if a registered professional engineer or architect certifies that the
designs proposed meet the following conditions:
(1) Breakaway wall collapse shall result from water load less than that which
would occur during the base flood; and
(2) The elevated portion of the building and supporting foundation system shall
not be subject to collapse, displacement, or other structural damage due to the
effects of wind and water loads acting simultaneously on all building
components (structural and nonstructural). Maximum wind and water loading
values to be used in this determination shall each have a one percent chance of
being equalled or exceeded in any given year.
f. The enclosed space below the lowest floor shall be used solely for parking of
vehicles, building access, or storage. Such space shall not be partitioned into
multiple rooms, temperature-controlled, or used for human habitation. The enclosed
12 An optional higher standard is to simply require that all areas below the lowest floor be free from obstructions that
cannot be seen though. This makes it much easier to be sure that these areas are not converted to living spaces and
means that breakaway walls do not need technical inspections.
46
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
17
space shall be less than 300 square feet.13
g. The use of fill for structural support of buildings is prohibited. When non-structural
fill is proposed in a coastal high hazard area, appropriate engineering analyses shall
be conducted to evaluate the impacts of the fill prior to issuance of a permit.
h. The man-made alteration of sand dunes, which would increase potential flood
damage, is prohibited.
7. The mapped floodplain includes all of the above regions and also the regions
designated as having a 0.2 percent annual chance of flooding on any flood map or
flood insurance study. In this area no emergency service, medical service, or
governmental records storage shall be allowed except by special exception using the
variance process.14
Section 3.2 - Overlay Concept
The Floodplain Districts described above shall be overlays to the existing underlying districts as
shown on the Official Zoning Ordinance Map, and as such, the provisions for the floodplain
districts shall serve as a supplement to the underlying district provisions.
If there is any conflict between the provisions or requirements of the Floodplain Districts and those
of any underlying district, the more restrictive provisions and/or those pertaining to the floodplain
districts shall apply.
In the event any provision concerning a Floodplain District is declared inapplicable as a result of
any legislative or administrative actions or judicial decision, the basic underlying provisions shall
remain applicable.
13 Spaces that are 300 square feet or more trigger very high insurance rates, so limiting the size of these spaces to less
than 300 square feet is a higher standard that can make the structure more affordable to insure. 14 This limitation on the use of the 0.2 percent floodplain is not required by NFIP regulations but is an accepted
standard for critical facilities in emergency management. Critical facilities that are built in mapped floodplain might
not be eligible for rebuilding assistance after a disaster, therefore DCR recommends this provision to ensure that any
decision made to build in these circumstances is carefully considered.
47
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
18
ARTICLE IV - DISTRICT PROVISIONS [44 CFR 59.22, 60.2, 60.3]
Section 4.1 – Permit and Application Requirements
A. Permit Requirement
All uses, activities, and development occurring within any floodplain district, including placement
of manufactured homes, shall be undertaken only upon the issuance of a permit. Such development
shall be undertaken only in strict compliance with the provisions of this Ordinance and with all
other applicable codes and ordinances, as amended, such as the Virginia Uniform Statewide
Building Code (VA USBC) and the {community} Subdivision Regulations. Prior to the issuance
of any such permit, the Floodplain Administrator shall require all applications to include
compliance with all applicable State and Federal laws and shall review all sites to assure they are
reasonably safe from flooding. Under no circumstances shall any use, activity, and/or development
adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or
any other drainage facility or system.
B. Site Plans and Permit Applications
All applications for development within any floodplain district and all permits issued for the
floodplain shall incorporate the following information:
1. The elevation of the Base Flood at the site.
2. For structures to be elevated, the elevation of the lowest floor (including basement) or,
in V zones, the lowest horizontal structural member.
3. For structures to be floodproofed (non-residential only), the elevation to which the
structure will be floodproofed.
4. Topographic information showing existing and proposed ground elevations.
Section 4.2 - General Standards
The following provisions shall apply to all permits:
A. New construction and substantial improvements shall be built according to this ordinance
and the VA USBC, and anchored to prevent flotation, collapse, or lateral movement of the
structure.
B. Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement.
Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties
to ground anchors. This standard shall be in addition to and consistent with applicable state
anchoring requirements for resisting wind forces.
C. New construction and substantial improvements shall be constructed with materials and
utility equipment resistant to flood damage.
D. New construction or substantial improvements shall be constructed by methods and
48
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
19
practices that minimize flood damage.
E. Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service
facilities, including duct work, shall be designed and/or located so as to prevent water from
entering or accumulating within the components during conditions of flooding.
F. New and replacement water supply systems shall be designed to minimize or eliminate
infiltration of flood waters into the system.
G. New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of flood waters into the systems and discharges from the systems into flood
waters.
H. On-site waste disposal systems shall be located and constructed to avoid impairment to
them or contamination from them during flooding.
In addition to provisions A – H above, in all special flood hazard areas, the additional
provisions shall apply:
I. Prior to any proposed alteration or relocation of any channels or of any watercourse,
stream, etc., within this jurisdiction a permit shall be obtained from the U. S. Corps of
Engineers, the Virginia Department of Environmental Quality, and the Virginia Marine
Resources Commission (a joint permit application is available from any of these
organizations). Furthermore, in riverine areas, notification of the proposal shall be given
by the applicant to all affected adjacent jurisdictions, the Department of Conservation and
Recreation (Division of Dam Safety and Floodplain Management), other required agencies,
and the Federal Emergency Management Agency.
J. The flood carrying capacity within an altered or relocated portion of any watercourse shall
be maintained.
Section 4.3 - Elevation and Construction Standards [44 CFR 60.3]
In all identified flood hazard areas where base flood elevations have been provided in the FIS or
generated by a certified professional in accordance with Article III, Section 3.1.A.3 the following
provisions shall apply:
A. Residential Construction
New construction or substantial improvement of any residential structure (including
manufactured homes) in Zones A1-30, AE, AH, and A with detailed base flood elevations
shall have the lowest floor, including basement, elevated to or above the base flood level
plus eighteen(18) inches 15. See Article III, Section 3.1.A.5 and Article III, Section 3.1.A.6
for requirements in the Coastal A, VE, and V zones.
15 The flood maps anticipate one foot of rise in BFE due to fill in the floodplain, so while building to BFE is all that
is required; it will result in flooding if all assumptions made in mapping are correct. Flood insurance rounds up for
freeboard so an 18 inch requirement offers the best “bang for the buck” in reducing flood insurance rates and allows
for an additional margin of safety in case the models have an error or are based on incomplete data
49
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
20
B. Non-Residential Construction
1. New construction or substantial improvement of any commercial, industrial, or non-
residential building (or manufactured home) shall have the lowest floor, including
basement, elevated to or above the base flood level plus eighteen (18) inches 16. See
Article III, Section 3.1.A.5 and Article III, Section 3.1.A.6 for requirements in the
Coastal A, VE, and V zones.
2. Non-residential buildings located in all A1-30, AE, and AH zones may be floodproofed
in lieu of being elevated provided that all areas of the building components below the
elevation corresponding to the BFE plus two feet 17 are water tight with walls
substantially impermeable to the passage of water, and use structural components
having the capability of resisting hydrostatic and hydrodynamic loads and the effect of
buoyancy. A registered professional engineer or architect shall certify that the standards
of this subsection are satisfied. Such certification, including the specific elevation (in
relation to mean sea level) to which such structures are floodproofed, shall be
maintained by (title of community administrator).
C. Space Below the Lowest Floor
In zones A, AE, AH, AO, and A1-A30, fully enclosed areas, of new construction or
substantially improved structures, which are below the regulatory flood protection
elevation shall:
1. Not be designed or used for human habitation, but shall be used solely for parking of
vehicles, building access, or limited storage of maintenance equipment used in
connection with the premises. Access to the enclosed area shall be the minimum
necessary to allow for parking of vehicles (garage door) or limited storage of
maintenance equipment (standard exterior door), or entry to the living area (stairway
or elevator).
2. Be constructed entirely of flood resistant materials below the regulatory flood
protection elevation;
3. Include measures to automatically equalize hydrostatic flood forces on walls by
allowing for the entry and exit of floodwaters. To meet this requirement, the openings
must either be certified by a professional engineer or architect or meet the following
minimum design criteria:
a. Provide a minimum of two openings on different sides of each enclosed area subject
16 The flood maps anticipate one foot of rise in BFE due to fill in the floodplain, so while building to BFE is all that
is required; it will result in flooding if all assumptions made in mapping are correct. Flood insurance rounds up for
freeboard so an 18 inch requirement offers the best “bang for the buck” in reducing flood insurance rates and allows
for an additional margin of safety in case the models have an error or are based on incomplete data
17 If your community has adopted the recommended freeboard you might need to change this provision to be consistent
or higher than the freeboard otherwise required. Please note that the minimum requirements are BFE plus one foot –
two feet of freeboard is the recommended minimum.
50
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
21
to flooding.
b. The total net area of all openings must be at least one (1) square inch for each square
foot of enclosed area subject to flooding.
c. If a building has more than one enclosed area, each area must have openings to
allow floodwaters to automatically enter and exit.
d. The bottom of all required openings shall be no higher than one (1) foot above the
adjacent grade.
e. Openings may be equipped with screens, louvers, or other opening coverings or
devices, provided they permit the automatic flow of floodwaters in both directions.
f. Foundation enclosures made of flexible skirting are not considered enclosures for
regulatory purposes, and, therefore, do not require openings. Masonry or wood
underpinning, regardless of structural status, is considered an enclosure and
requires openings as outlined above.
D. Accessory Structures
1. Accessory structures of any size shall be prohibited within the SFHA and no variance
shall be granted for accessory structures.
OR
2. Accessory structures in the SFHA shall comply with the elevation requirements and
other requirements of Article IV, Section 4.3.B or, if not elevated or dry floodproofed,
shall:
a. Not be used for human habitation;
b. Be limited to no more than 600 square feet 18 in total floor area;
c. Be useable only for parking of vehicles or limited storage;
d. Be constructed with flood damage-resistant materials below the base flood
elevation;
e. Be constructed and placed to offer the minimum resistance to the flow of
floodwaters;
f. Be anchored to prevent flotation;
18 This is the minimum size restriction set by FEMA Region III, but a community could choose a higher standard and
limit accessory structures to a size less than 600 square feet. However, a variance could be issued for larger accessory
structures, not to exceed 600 square feet. If a smaller size limit is chosen, additional language would be required in
Article VI: Variances - see Footnote 23. The chosen size restriction should also be reflected in Article IV, Section
4.3.D.2.b, Article VI, Section M, and Article VIII-Glossary in the definition of “Appurtenant or accessory structure”.
51
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
22
g. Have electrical service and mechanical equipment elevated to or above the base
flood elevation;
h. Shall be provided with flood openings which shall meet the following criteria:
(1) There shall be a minimum of two flood openings on different sides of each
enclosed area; if a building has more than one enclosure below the lowest floor,
each such enclosure shall have flood openings on exterior walls.
(2) The total net area of all flood openings shall be at least 1 square inch for each
square foot of enclosed area (non-engineered flood openings), or the flood
openings shall be engineered flood openings that are designed and certified by
a licensed professional engineer to automatically allow entry and exit of
floodwaters; the certification requirement may be satisfied by an individual
certification or an Evaluation Report issued by the ICC Evaluation Service,
Inc.
(3) The bottom of each flood opening shall be 1 foot or less above the higher of
the interior floor or grade, or the exterior grade, immediately below the
opening.
(4) Any louvers, screens or other covers for the flood openings shall allow the
automatic flow of floodwaters into and out of the enclosed area.
i. A signed Declaration of Land Restriction (Non-Conversion Agreement) shall be
recorded on the property deed.19
E. Standards for Manufactured Homes and Recreational Vehicles
1. In zones A, AE, AH, and AO, all manufactured homes placed, or substantially
improved, on individual lots or parcels, must meet all the requirements for new
construction, including the elevation and anchoring requirements in Article III, Section
3.1.A.6 and Article IV, Sections 4.2 and 4.3.
2. All recreational vehicles placed on sites must either:
a. Be on the site for fewer than 180 consecutive days, be fully licensed and ready for
highway use (a recreational vehicle is ready for highway use if it is on its wheels
or jacking system, is attached to the site only by quick disconnect type utilities and
security devices and has no permanently attached additions); or
b. Meet all the requirements for manufactured homes in Article IV, Section 4.3.E.1.
19 A non-conversion agreement is strongly recommended, especially if a variance is being issued for an accessory
structure. However, the non-conversion agreement is not a requirement.
52
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
23
Section 4.4 - Standards for Subdivision Proposals
A. All subdivision proposals shall be consistent with the need to minimize flood damage;
B. All subdivision proposals shall have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to minimize flood damage;
C. All subdivision proposals shall have adequate drainage provided to reduce exposure to
flood hazards, and
D. Base flood elevation data shall be obtained from other sources or developed using detailed
methodologies, hydraulic and hydrologic analysis, comparable to those contained in a
Flood Insurance Study for subdivision proposals and other proposed development
proposals (including manufactured home parks and subdivisions) that exceed fifty 20 lots or
five acres, whichever is the lesser.
20 The recommended standard here is 5 lots instead of 50. Fifty lots is the breakpoint suggested in the federal
regulations, but the 5/5 rule is less confusing and captures more commercial development.
53
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
24
ARTICLE V – EXISTING STRUCTURES IN FLOODPLAIN AREAS
Any structure or use of a structure or premises must be brought into conformity with these
provisions when it is changed, repaired, or improved 21 unless one of the following exceptions is
established before the change is made:
A. The floodplain manager has determined that:
1. Change is not a substantial repair or substantial improvement AND
2. No new square footage is being built in the floodplain that is not complaint AND
3. No new square footage is being built in the floodway AND
4. The change complies with this ordinance and the VA USBC AND
5. The change, when added to all the changes made during a rolling 5-year period does
not constitute 50% of the structure’s value.22
B. The changes are required to comply with a citation for a health or safety violation.
C. The structure is a historic structure and the change required would impair the historic
nature of the structure.
21 The assumption that all buildings will be brought in to compliance unless an exception is found is not required by
the federal regulations, it is a recommended change for the sake of administrative efficiency and improved compliance.
22 This cumulative change requirement is a recommended higher standard. DCR has found that not having a time
period for cumulative change can lead to people trying to split work up to avoid hitting the 50% limit which puts the
community in a difficult place with enforcement and increases administrative burdens.
54
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
25
ARTICLE VI - VARIANCES: FACTORS TO BE CONSIDERED [44 CFR 60.6]
Variances shall be issued only upon (i) a showing of good and sufficient cause, (ii) after the Board
of Zoning Appeals has determined that failure to grant the variance would result in exceptional
hardship to the applicant, and (iii) after the Board of Zoning Appeals has determined that the
granting of such variance will not result in (a) unacceptable or prohibited increases in flood heights,
(b) additional threats to public safety, (c) extraordinary public expense; and will not (d) create
nuisances, (e) cause fraud or victimization of the public, or (f) conflict with local laws or
ordinances.
While the granting of variances generally is limited to a lot size less than one-half acre, deviations
from that limitation may occur. However, as the lot size increases beyond one-half acre, the
technical justification required for issuing a variance increases. Variances may be issued by the
Board of Zoning Appeals for new construction and substantial improvements to be erected on a
lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures
constructed below the base flood level, in conformance with the provisions of this Section.
Variances may be issued for new construction and substantial improvements and for other
development necessary for the conduct of a functionally dependent use provided that the criteria
of this Section are met, and the structure or other development is protected by methods that
minimize flood damages during the base flood and create no additional threats to public safety.
In passing upon applications for variances, the Board of Zoning Appeals shall satisfy all relevant
factors and procedures specified in other sections of the zoning ordinance and consider the
following additional factors:
A. The danger to life and property due to increased flood heights or velocities caused by
encroachments. No variance shall be granted for any proposed use, development, or
activity within any Floodway District that will cause any increase in the one percent (1%)
chance flood elevation.
B. The danger that materials may be swept on to other lands or downstream to the injury of
others.
C. The proposed water supply and sanitation systems and the ability of these systems to
prevent disease, contamination, and unsanitary conditions.
D. The susceptibility of the proposed facility and its contents to flood damage and the effect
of such damage on the individual owners.
E. The importance of the services provided by the proposed facility to the community.
F. The requirements of the facility for a waterfront location.
G. The availability of alternative locations not subject to flooding for the proposed use.
H. The compatibility of the proposed use with existing development and development
anticipated in the foreseeable future.
55
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
26
I. The relationship of the proposed use to the comprehensive plan and floodplain
management program for the area.
J. The safety of access by ordinary and emergency vehicles to the property in time of flood.
K. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood
waters expected at the site.
L. The historic nature of a structure. Variances for repair or rehabilitation of historic structures
may be granted upon a determination that the proposed repair or rehabilitation will not
preclude the structure's continued designation as a historic structure and the variance is the
minimum necessary to preserve the historic character and design of the structure.
M. Variances will not be issued for any accessory structure within the SFHA. (Note: See
Article IV, Section 4.3.D.1).
OR
No variance shall be granted for an accessory structure exceeding 600 square feet. (Note:
See Article IV, Section 4.3.D.2). 23
N. Such other factors which are relevant to the purposes of this Ordinance.
The Board of Zoning Appeals may refer any application and accompanying documentation
pertaining to any request for a variance to any engineer or other qualified person or agency for
technical assistance in evaluating the proposed project in relation to flood heights and velocities,
and the adequacy of the plans for flood protection and other related matters.
Variances shall be issued only after the Board of Zoning Appeals has determined that the granting
of such will not result in (a) unacceptable or prohibited increases in flood heights, (b) additional
threats to public safety, (c) extraordinary public expense; and will not (d) create nuisances, (e)
cause fraud or victimization of the public, or (f) conflict with local laws or ordinances.
Variances shall be issued only after the Board of Zoning Appeals has determined that the variance
will be the minimum required to provide relief.
The Board of Zoning Appeals shall notify the applicant for a variance, in writing that the issuance
of a variance to construct a structure below the one percent (1%) chance flood elevation (a)
increases the risks to life and property and (b) will result in increased premium rates for flood
insurance.
23 If a size restriction for accessory structures that is less than 600 square feet is chosen, variances could be issued for
structures larger than that size restriction, not to exceed 600 square feet. In this case, additional language is required
under Article VI, Section M. Suggested language:
“Accessory structures within the SFHA that are greater than {insert size restriction} square feet, do not
exceed 600 square feet, and do not meet all requirements for elevating or dry floodproofing, as set out in
Article IV, Section 4.3.B, must secure a variance in accordance with the floodplain ordinance before a permit
is issued. The structure must comply with accessory structure criteria in Article IV, Section 4.3.D.2. No
variance shall be granted for an accessory structure exceeding 600 square feet. (Note: See Article IV, Section
4.3.D.2).”
56
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
27
A record shall be maintained of the above notification as well as all variance actions, including
justification for the issuance of the variances. Any variances that are issued shall be noted in the
annual or biennial report submitted to the Federal Insurance Administrator.
57
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
28
ARTICLE VII - GLOSSARY [44 CFR 59.1]
A. Appurtenant or accessory structure - A non-residential structure which is on the same
parcel of property as the principal structure and the use of which is incidental to the use of
the principal structure. Accessory structures are not to exceed 600 square feet 24.
B. Base flood - The flood having a one percent chance of being equalled or exceeded in any
given year.
C. Base flood elevation - The water surface elevations of the base flood, that is, the flood level
that has a one percent or greater chance of occurrence in any given year. The water surface
elevation of the base flood in relation to the datum specified on the community’s Flood
Insurance Rate Map. For the purposes of this ordinance, the base flood is the 1% annual
chance flood.
D. Basement - Any area of the building having its floor sub-grade (below ground level) on all
sides.
E. Board of Zoning Appeals - The board appointed to review appeals made by individuals
with regard to decisions of the Zoning Administrator in the interpretation of this ordinance.
F. Coastal A Zone - Flood hazard areas that have been delineated as subject to wave heights
between 1.5 feet and 3 feet.
G. Development - Any man-made change to improved or unimproved real estate, including,
but not limited to, buildings or other structures, temporary structures, mining, dredging,
filling, grading, paving, excavation, drilling or other land-disturbing activities or
permanent or temporary storage of equipment or materials.
H. Elevated building - A non-basement building built to have the lowest floor elevated above
the ground level by means of solid foundation perimeter walls, pilings, or columns (posts
and piers).
I. Encroachment - The advance or infringement of uses, plant growth, fill, excavation,
buildings, permanent structures or development into a floodplain, which may impede or
alter the flow capacity of a floodplain.
J. Existing construction - For the purposes of the insurance program, structures for which the
“start of construction” commenced before the effective date of the FIRM or before January
1, 1975 for FIRMs effective before that date. “Existing construction” may also be referred
to as “existing structures” and “pre-FIRM.”
24 This is the size restriction set by FEMA Region III, but a community could choose a higher standard and limit
accessory structures to a size less than 600 square feet. However, a variance could be issued for larger accessory
structures, not to exceed 600 square feet. If a smaller size limit is chosen, additional language would be required in
Article VI: Variances - see Footnote 23. The chosen size restriction should also be reflected in Article IV, Section
4.3.D.2.b, Article VI, Section M, and Article VIII-Glossary in the definition of “Appurtenant or accessory structure”.
58
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
29
K. Flood or flooding -
1. A general or temporary condition of partial or complete inundation of normally dry
land areas from:
a. The overflow of inland or tidal waters; or,
b. The unusual and rapid accumulation or runoff of surface waters from any source.
c. Mudflows which are proximately caused by flooding as defined in paragraph (1)(b)
of this definition and are akin to a river of liquid and flowing mud on the surfaces
of normally dry land areas, as when earth is carried by a current of water and
deposited along the path of the current.
2. The collapse or subsidence of land along the shore of a lake or other body of water as
a result of erosion or undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually high water level in a
natural body of water, accompanied by a severe storm, or by an unanticipated force of
nature such as flash flood or an abnormal tidal surge, or by some similarly unusual and
unforeseeable event which results in flooding as defined in paragraph 1 (a) of this
definition.
L. Flood Insurance Rate Map (FIRM) - an official map of a community, on which the Federal
Emergency Management Agency has delineated both the special hazard areas and the risk
premium zones applicable to the community. A FIRM that has been made available
digitally is called a Digital Flood Insurance Rate Map (DFIRM).
M. Flood Insurance Study (FIS) - a report by FEMA that examines, evaluates and determines
flood hazards and, if appropriate, corresponding water surface elevations, or an
examination, evaluation and determination of mudflow and/or flood-related erosion
hazards.
N. Floodplain or flood-prone area - Any land area susceptible to being inundated by water
from any source.
O. Floodproofing - any combination of structural and non-structural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate or improved
real property, water and sanitary facilities, structures and their contents.
P. Floodway - The channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than one foot at any point within the community.
Q. Freeboard - A factor of safety usually expressed in feet above a flood level for purposes of
floodplain management. “Freeboard” tends to compensate for the many unknown factors
that could contribute to flood heights greater than the height calculated for a selected size
flood and floodway conditions, such as wave action, bridge openings, and the hydrological
effect of urbanization in the watershed.
R. Functionally dependent use - A use which cannot perform its intended purpose unless it is
located or carried out in close proximity to water. This term includes only docking
facilities, port facilities that are necessary for the loading and unloading of cargo or
passengers, and shipbuilding and ship repair facilities, but does not include long-term
storage or related manufacturing facilities.
59
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
30
S. Highest adjacent grade - the highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
T. Historic structure - Any structure that is:
1. Listed individually in the National Register of Historic Places (a listing maintained by
the Department of Interior) or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to
the historical significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district;
3. Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of the Interior; or,
4. Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
a. By an approved state program as determined by the Secretary of the Interior; or,
b. Directly by the Secretary of the Interior in states without approved programs.
U. Hydrologic and Hydraulic Engineering Analysis - Analyses performed by a licensed
professional engineer, in accordance with standard engineering practices that are accepted
by the Virginia Department of Conservation and Recreation and FEMA, used to determine
the base flood, other frequency floods, flood elevations, floodway information and
boundaries, and flood profiles.
V. Letters of Map Change (LOMC) - A Letter of Map Change is an official FEMA
determination, by letter, that amends or revises an effective Flood Insurance Rate Map or
Flood Insurance Study. Letters of Map Change include:
Letter of Map Amendment (LOMA) - An amendment based on technical data showing that
a property was incorrectly included in a designated special flood hazard area. A LOMA
amends the current effective Flood Insurance Rate Map and establishes that a land as
defined by meets and bounds or structure is not located in a special flood hazard area.
Letter of Map Revision (LOMR) - A revision based on technical data that may show
changes to flood zones, flood elevations, floodplain and floodway delineations, and
planimetric features. A Letter of Map Revision Based on Fill (LOMR-F), is a determination
that a structure or parcel of land has been elevated by fill above the base flood elevation
and is, therefore, no longer exposed to flooding associated with the base flood. In order to
qualify for this determination, the fill must have been permitted and placed in accordance
with the community’s floodplain management regulations.
Conditional Letter of Map Revision (CLOMR) - A formal review and comment as to
whether a proposed flood protection project or other project complies with the minimum
NFIP requirements for such projects with respect to delineation of special flood hazard
areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood
Insurance Study.
W. Lowest adjacent grade - the lowest natural elevation of the ground surface next to the walls
of a structure.
60
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
31
X. Lowest floor - The lowest floor of the lowest enclosed area (including basement). An
unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building
access or storage in an area other than a basement area is not considered a building’s lowest
floor; provided, that such enclosure is not built so as to render the structure in violation of
the applicable non-elevation design requirements of Federal Code 44CFR §60.3.
Y. Manufactured home - A structure, transportable in one or more sections, which is built on
a permanent chassis and is designed for use with or without a permanent foundation when
connected to the required utilities. For floodplain management purposes the term
“manufactured home” also includes park trailers, travel trailers, and other similar vehicles
placed on a site for greater than 180 consecutive days.
Z. Manufactured home park or subdivision - a parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent or sale.
AA. Mean Sea Level – for purposes of the National Flood Insurance Program, the National
Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum
(NAVD) of 1988 to which base flood elevations shown on a community’s FIRM are
referenced.
BB. New construction - For the purposes of determining insurance rates, structures for which
the “start of construction” commenced on or after________________ {insert the effective
date of the community’s initial Flood Insurance Rate Map} [or “after December 31, 1974”,
choose whichever is later], and includes any subsequent improvements to such structures.
For floodplain management purposes, new construction means structures for which the
start of construction commenced on or after the effective date of a floodplain management
regulation adopted by a community and includes any subsequent improvements to such
structures.
CC. Post-FIRM structures - A structure for which construction or substantial improvement
occurred on or after ________________ {insert the effective date of the community’s
initial Flood Insurance Rate Map} [or “after December 31, 1974”, choose whichever is
later].
DD. Pre-FIRM structures - A structure for which construction or substantial improvement
occurred before ________________ {insert the effective date of the community’s initial
Flood Insurance Rate Map} [or “on or before December 31, 1974”, choose whichever is
later].
EE. Primary frontal dune - a continuous or nearly continuous mound or ridge of sand with
relatively steep seaward and landward slopes immediately landward and adjacent to the
beach and subject to erosion and overtopping from high tides and waves during major
coastal storms.
FF. Recreational vehicle - A vehicle which is:
1. Built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a light duty truck; and,
61
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
32
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters
for recreational camping, travel, or seasonal use.
GG. Repetitive Loss Structure - A building covered by a contract for flood insurance that has
incurred flood-related damages on two occasions in a 10-year period, in which the cost of
the repair, on the average, equalled or exceeded 25 percent of the market value of the structure
at the time of each such flood event; and at the time of the second incidence of flood-related
damage, the contract for flood insurance contains increased cost of compliance coverage.
HH. Severe repetitive loss structure - a structure that: (a) Is covered under a contract for flood
insurance made available under the NFIP; and (b) Has incurred flood related damage - (i) For
which 4 or more separate claims payments have been made under flood insurance coverage
with the amount of each such claim exceeding $5,000, and with the cumulative amount of such
claims payments exceeding $20,000; or (ii) For which at least 2 separate claims payments have
been made under such coverage, with the cumulative amount of such claims exceeding the
market value of the insured structure.
II. Shallow flooding area - A special flood hazard area with base flood depths from one to
three feet where a clearly defined channel does not exist, where the path of flooding is
unpredictable and indeterminate, and where velocity flow may be evident. Such flooding
is characterized by ponding or sheet flow.
JJ. Special flood hazard area - The land in the floodplain subject to a one (1%) percent or
greater chance of being flooded in any given year as determined in Article 3, Section 3.1
of this ordinance.
KK. Start of construction - For other than new construction and substantial improvement, under
the Coastal Barriers Resource Act (P.L. – 97-348), means the date the building permit was
issued, provided the actual start of construction, repair, reconstruction, rehabilitation,
addition, placement, substantial improvement or other improvement was within 180 days
of the permit date. The actual start means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab or footings, the installation
of piles, the construction of columns, or any work beyond the stage of excavation; or the
placement of a manufactured home on a foundation. Permanent construction does not
include land preparation, such as clearing, grading and filling; nor does it include the
installation of streets and/or walkways; nor does it include excavation for a basement,
footings, piers, or foundations or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, such as garages or sheds not occupied
as dwelling units or not part of the main structure. For a substantial improvement, the actual
start of the construction means the first alteration of any wall, ceiling, floor, or other
structural part of a building, whether or not that alteration affects the external dimensions
of the building.
LL. Structure - for floodplain management purposes, a walled and roofed building, including a
gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
MM. Substantial damage - Damage of any origin sustained by a structure whereby the cost of
restoring the structure to it’s before damaged condition would equal or exceed 50 percent
of the market value of the structure before the damage occurred. It also means flood-related
62
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
33
damages sustained by a structure on two occasions in a 10-year period, in which the cost
of the repair, on the average, equals or exceeds 25 percent of the market value of the structure
at the time of each such flood event.
NN. Substantial improvement - Any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market
value of the structure before the start of construction of the improvement. The term does
not, however, include either:
1. Any project for improvement of a structure to correct existing violations of state or
local health, sanitary, or safety code specifications which have been identified by the
local code enforcement official and which are the minimum necessary to assure safe
living conditions, or
2. Any alteration of a historic structure, provided that the alteration will not preclude the
structure’s continued designation as a historic structure.
3. Historic structures undergoing repair or rehabilitation that would constitute a
substantial improvement as defined above, must comply with all ordinance
requirements that do not preclude the structure’s continued designation as a historic
structure. Documentation that a specific ordinance requirement will cause removal of
the structure from the National Register of Historic Places or the State Inventory of
Historic places must be obtained from the Secretary of the Interior or the State Historic
Preservation Officer. Any exemption from ordinance requirements will be the
minimum necessary to preserve the historic character and design of the structure.
OO. Violation - the failure of a structure or other development to be fully compliant with the
community's floodplain management regulations. A structure or other development
without the elevation certificate, other certifications, or other evidence of compliance
required in this ordinance is presumed to be in violation until such time as that
documentation is provided.
PP. Watercourse - A lake, river, creek, stream, wash, channel or other topographic feature on
or over which waters flow at least periodically. Watercourse includes specifically
designated areas in which substantial flood damage may occur.
63
Virginia Department of Conservation and Recreation (July 5, 2017 Version)
34
ARTICLE VIII – ENACTMENT 25
Enacted and ordained this ____ day of _________, 20____. This ordinance, number _____ of
{community}, Virginia, shall become effective upon passage.
______________________________
Signature
______________________________
Title
______________________________
Attested
25 This section can be customized based upon a community’s preferences. The model ordinance contains this section
as FEMA requires an ordinance to have signatures from the community, either elected officials or administrators,
showing that the ordinance has been officially adopted. FEMA also requires a date of adoption and an ordinance
number.
64
Virginia Department of Conservation & Recreation – Correspondence
Via Email – October 31, 2020
Frederick County Floodplain Ordinance Update
Thank you for your patience and cooperation throughout the ordinance updates process. I have
completed a review of the draft floodplain ordinance for Frederick County and the following edits
are notated on the checklist and ordinance draft:
Definitions missing or in need of revision from glossary section (completed)
First Identified Flood Hazard Area identified 11/08/1974 (completed)
DCR will need your final adopted Floodplain Ordinance by the first week of January 2021 (at the
latest), to ensure processing can be completed prior to the effective map date of January 29, 2020.
Please use the attached documents for revision guidance and let me know if you have any
questions or concerns.
Angela Davis, CFM
Floodplain Program Planner
Division of Dam Safety & Floodplain Mgmt.
Virginia Dept. of Conservation & Recreation
600 East Main Street | Richmond VA 23219
804.371.6135 |angela.davis@dcr.virginia.gov
Via Email - August 25, 2020
*IMPORTANT & TIME SENSITIVE* LETTER OF FINAL DETERMINATION FROM FEMA
The previous email contained dates that are one month behind schedule, please disregard those
dates. Your true LFD date was 7/29/2020, as outlined by FEMA in the letter sent to the community
last month. Your schedule to update the ordinance is as follows:
New FIRM effective date: January 29, 2021.
In order to ensure there is enough time to complete this process, DCR needs your final draft ordinance
no later than October 1, so we can have the review back to you by October 15, giving you time to
make any necessary revisions by the end of the month and still have time for a final review of the
draft revisions, if needed.
This would allow you to notice for your first public hearing in early November, for a meeting in late
November/early December, with your second public hearing prior to the end of the year.
65
DCR will need your final, adopted version by the end of December at the latest to have time to
review and submit to FEMA. They generally need about 2 weeks to do their review and update their
systems to ensure the county is not suspended from the program.
At this time, COVID-19 should not impact your ability to hold public hearings. If the stay at home
order is extended, we will need to have a discussion about virtual meetings. However, we do not
need to worry about this yet as it is not currently a problem.
For your reference, please see the State Model Floodplain Ordinance. The language in the state
model conforms to ALL of the NFIP minimum requirements, as outlined in 44CFR. In addition to the
NFIP minimums, the state model includes higher standards, so please be sure any language taken
from the model is applicable and suitable for your locality.
If you have any questions or concerns, I am a phone call or email away.
Via Email - August 13, 2020
*IMPORTANT & TIME SENSITIVE* LETTER OF FINAL DETERMINATION FROM FEMA
After years of data compilation, studies, and community meetings, the latest Flood Insurance Rate
Maps (FIRM) have been finalized for your community. Next week, you should be receiving a Letter of
Final Determination (LFD) from FEMA regarding the locality’s FIRM update and requirements for
participating in the National Flood Insurance Program (NFIP). When a community joins the NFIP, they
must ensure that their adopted floodplain management ordinance and enforcement procedures
meet NFIP requirements.
The locality is required to amend their floodplain ordinance to adopt the new maps. DCR must do a
review of the updated draft ordinance to confirm it is compliant prior to the county scheduling your
public hearing(s) to adopt the amendment.
After the ordinance is adopted, the community must send the final, signed version back to DCR for
another review, after which we will send it to FEMA for their review/approval. All of this must be
completed by your new map effective date of February 26, 2021.
In order to ensure there is enough time to complete this process, DCR needs your final draft ordinance
no later than October 15, so we can have the review back to you by the end of the month, giving you
time to make any necessary revisions by mid-November and still have time for a final review of the
draft revisions, if needed. This would allow you to notice for your first public hearing in late
November/early December, for a meeting in December, with your second public hearing in January.
DCR will need your final, adopted version by the end of January at the latest to have time to review
and submit to FEMA. They generally need about 2 weeks to do their review and update their systems
to ensure the county is not suspended from the program.
66
At this time, COVID-19 should not impact your ability to hold public hearings. If the stay at home
order is extended, we will need to have a discussion about virtual meetings. However, we do not
need to worry about this yet as it is not currently a problem.
For your reference, I have attached the State Model Floodplain Ordinance. The language in the state
model conforms to ALL of the NFIP minimum requirements, as outlined in 44CFR. In addition to the
NFIP minimums, the state model includes higher standards, so please be sure any language taken
from the model is applicable and suitable for your locality.
If you have any questions or concerns, I am a phone call or email away.
Angela Davis, CFM
Floodplain Program Planner
Division of Dam Safety & Floodplain Mgmt.
Virginia Dept. of Conservation & Recreation
600 East Main Street | Richmond VA 23219
804.371.6135 |angela.davis@dcr.virginia.gov
67