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FEMA R10 FAQ: Rescinded Policy on Fish Enhancement Structures in the Floodway <br />Are flood easements an alternative to obtaining letters of map revision (CLOMR/LOMR)? <br />No, the permitting process, including H&H analyses for floodway development and the CLOMR/LOMR process for <br />any map changes, must be followed for each individual development proposal. Communities must alert FEMA to <br />alterations to the floodplain within 180 days so that flood maps are always based on the best available data. <br />Can a rise be permitted without a CLOMR/LOMR if the rise is isolated on one property or <br />doesn't affect structures? <br />No. If a community wishes to approve a project that has shown through H&H analyses that it will cause a rise in BFE <br />anywhere in the community, they must require a CLOMR prior to construction and a LOMR once the project is <br />complete. if analyses confirm no rise in the BFE but show other alterations to the SFHA, those changes must be <br />communicated to FEMA through the LOMR process, even if a CLOMR was not required prior to construction. <br />Who can perform H&H analyses and certify that no rise in the BFE will occur? <br />44 CFR 60.3(d) does not specify professional qualifications for who can conduct the H&H analyses, but states that <br />the analyses must be "performed in accordance with standard engineering practice." In Region 10, H&H analyses <br />must be conducted as outlined in the regional guidance, "Procedures for `No -Rise' Certification for Proposed <br />Developments in the Regulatory Floodway." Local ordinances may require that a professional engineer perform the <br />analyses and certify the results. FEMA recommends that communities only accept analyses from qualified hydraulic <br />and hydrologic professionals as licensed in your state. Technical questions that are unanswered by the guidance <br />can be directed to the Region 10 Risk Analysis Branch. <br />Is there guidance available on preparing an application for a letter of map revision <br />(CLOMR/LOMR)? <br />Yes, the MT -2 application includes instructions that provide information on the data that must be submitted. Details <br />on this application process can be found at https://www.fema.gov/flood-maps/change your-flood-zone[paper- <br />a ppl ication-forms/mt-2. <br />The rescindment of this policy may make some restoration projects cost prohibitive. WIII <br />FEMA funds be available to offset the significant costs of H&H and CLOMR/LOMR? <br />No, the cost of H&H analyses, as well as the fees associated with the CLOMR/LOMR process, are the responsibility <br />of the applicant and should be included in early planning and budgeting for habitat restoration projects. The former <br />policy did not provide a waiver for H&H analyses, which have always been required when applying for permits for any <br />kind of foodway development. It is essential that community floodplain officials and proponents of habitat <br />restoration projects work together in the design phase to ensure that all floodplain management regulations are <br />considered and all potential impacts to cost and timeline are fully understood. <br />APPLICATION FEE WAIVER FOR ELIGIBLE PROJECTS <br />Some habitat restoration projects are eligible for a waiver of the application fees charged by FEMA for map change <br />requests (CLOMR/LOMR). In accordance with the Homeowner Flood Insurance Affordability Act of 2014 (Public Law <br />113-89, section 22), a project proponent is eligible for this fee waiver if the project meets the following criteria: 1) <br />the primary purpose is habitat restoration (as defined in the Partners for Fish and Wildlife Act, 16 USC 3772 (5)), <br />Learn more at fema.gov Mar 2021 4 <br />