Message from Jim

Coincidentally, two Certified Floodplain Managers and friends, Steve Samuelson, from the Kansas Department of Agriculture, and Sue Baker, State of Maine NFIP Coordinator, both conveyed similar concepts to me this month. Steve first forwarded an article entitled “$33K flood insurance bill could sink Union Beach couple, they say” which was followed by a discussion with Sue pertaining to the Limit of Moderate Wave Action (LiMWA). See the “Resources” section below to better understand the LiMWA.

The article, written by Erin O’Neill and published November 21, 2014, describes how Richard and Sandra Drake of Union Beach, New Jersey had a 55-fold increase in their flood insurance premium from $598/year before Hurricane Sandy, to a current annual renewal premium in excess of $33,000. The Drakes even rebuilt their home three feet above current minimum federal requirements. What happened? During the rebuild, the Drakes complied with all construction requirements for Zone A standards, but federal officials determined that a portion of their home sits in Zone V (Velocity), a higher risk Special Flood Hazard Area. NFIP Regulations require the policy be rated at the higher risk if improvements used as loan collateral fall in more than one zone. Unfortunately, the new flood map which would apparently eliminate Zone V from encumbering their home is not yet effective, and cannot be used at this time for flood insurance premium rating. It is also important to note that even though the town’s construction official is disputing the designation, the determination remains.

This dilemma flows seamlessly into my discussion with Sue. The lines which separate each flood zone is best treated as approximate for design and construction practices, and the higher standards should be considered. Every flood determination which is questionable should be evaluated or challenged with the support of elevations. Relying solely on a horizontal flood determination can cause improper ratings because the insurance industry and municipal permitting process treats these lines as exact to allow for the implementation of minimum program standards. This is perhaps the logic behind the program requiring rating using the higher risk zone when improvements are encumbered by two flood zones. This concept should also be considered when construction occurs within Zone A, adjacent to Zone V.

On a similar note, the Beginning Point of the Public Land Survey System, located on the border between Ohio and Pennsylvania, was inaugurated in 1785. The significance of this point, according to the U.S. Department of Interior - National Park Service Register of Historic Places: "Accurate and convenient, the [rectangular land survey] system has been utilized since that time in surveying the millions of acres of land making up the 31 states created out of the public domain. It is tied inextricably to the advance of the frontier and opening of the vast expanses of public land to settlement."