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HomeMy WebLinkAboutLetter from PW 3.4.09 - Proposed changes to BC Flood Plain Regs o.Q vTTr°� Department of Public Works �c a ao o County of Butte 0 0 0 O 7 County Center Drive 0 0 J.Michael Crump,Director OrovilIe,CA 95965-3397 COU T4. Shawn H.O'Brien,Assistant Director (530)538-7681 ��Lto WOF' g (PAX)538-7171 March 4, 2009 Tim Chao a�RD of 3UPj�RvlSoRs Department of Water Resources Division of Flood Management MAR2825 Watt Avenue, ?�Jg Sacramento, CA 95821 to 100 D�pWji L Re: Proposed changes to Butte County's Flood Plain Regulations. Dear Mr. Chow: We propose the attached changes in our County Flood Plain regulations in response to your January 15, 2009 and January 27, 2009, requests. Your California Model Floodplain Management Ordinance was used for most of the language. Since this Ordinance is being used to amend and add Sections to Article N of Chapter 26 of the Butte County Code, the word Ordinance in your Model has been changed to Article. Your comments are shown in italics and our response is in normal type: 1. In Section 26-29, Definitions, I cannot find the definition for Base Flood, _Basement, Existing Manufactured Home Park or Subdivision Expansion to an Existing Manufactured Home Park or Subdivision, Historic Structure, New Manufactured Home Park or Subdivision, Recreational Vehicle, Special Flood Hazard Area, Start of Construction, and Violation. Butte County Code 26-24 (b) (1) (a) requires that "The lowest floor elevation of new residential structures (including manufactured homes) and substantial improvements to residential structures shall be elevated a minimum of one (1) foot or more above the regulatory flood elevation." According to Section 3 of the California Ordinance Review Checklist, definitions for Existing, Expansion to An Existing or New Manufactured Home Park are not required. All other definitions have been included in Section 26-29. 2. In Section 26-30, Records; notice of water course alteration, I was unable to find the language which includes the timeline "Requirement to submit new technical data: within 6 months, notify FEMA of changes in the base flood elevation by submitting technical or scientific data so insurance &floodplain management can be based on current data. " to meet the current NFIP regulations. Language added in section 26-30,page 13 of draft ordinance, 3. The current NFIP regulations require sections "Recreational Vehicle," and "Variance Procedure" to regulate the pertinent issues; however, I cannot find the languages that cover the meanings of these two sections in this ordinance. New section 26-31 added for "Recreational Vehicle" and Section 26-32 for "Variance Procedure" The County has always been reluctant if not totally against the granting of variances, mostly due to public safety issues and partly due to V -AAR 1 t1 2009 Floodplain Ordinance Draft Revisions Page 2 of 2 March 4, 2009 liability issues. The State's version of the Variance procedure leaves out a lot of important requirements contained in 44CFR60.2 (copy attached), such as: "(5) A community shall notify the applicant in writing over the signature of a community official that(i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions as required in paragraph(a) (6)of this section; and" "(2) The Administrator shall prepare a Special Environmental Clearance to determine whether the proposal for an exception under paragraph (b) (1) of this section will have significant impact on the human environment. The decision whether an Environmental Impact Statement or other environmental document will be prepared, will be made in accordance with the procedures set out in 44 CFR part 10. Ninety or more days may be required for an environmental quality clearance if the proposed exception will have significant impact on the human environment thereby requiring an EIS". "(c) A community may propose flood plain management measures which adopt standards for floodproofed residential basements below the base flood level in zones AI-30, AH, AO, and AE which are not subject to tidal flooding." Do you have examples of other communities' flood plain ordinances that address variances and these Federal Requirements? Do you have examples of a community issuing a variance for development and possibly someone we may contact in that community? If you should have any questions concerning this matter, please contact this office Monday through Friday, 7:30 a.m. to 4:30 p.m. at(530) 538-7266. Sincerely, J�— Stuart Edell, P.E. Manager, Land Development Division Attachments cc: all w/attachments The Honorable Board of Supervisors w/o attachments Ms. Cynthia McKenzie, Federal Emergency Management Agency, Region IX, 1111 Broadway Street, Suite 1200, Oakland, CA 94607 w/attachments Mr. Marshall Marik, Federal Emergency Management Agency, Region IX, 1111 Broadway Street, Suite 1200, Oakland, CA 94607 w/attachments Mike Crump, Director of Public Works (File 146.1)w/attachments Scott Rutherford, Manager, Building Division w/attachments Felix Wannenmacher, Chief Deputy County Counsel w/attachments