Consider an Amendment to City Code Chapter 117, Article II, Division 4, Subdivision III (Floodplain Overlay Districts) to Adopt Updated Flood Insurance Rate Maps Prepared by the Federal Emergency Management Agency

In 1979, the City enrolled in the National Flood Insurance Program (NFIP) by adopting floodplain regulations and Flood Boundary and Floodway Maps and Flood Insurance Rate Maps (FIRM) for the community.  The Flood Boundary and Floodway Maps and FIRMs currently in effect are dated November 1, 1979.  The community has grown substantially since the late 1970s, and thus, the maps lack much of the current street network.  Additionally, the scale of the maps is one (1) inch equals 800 feet, which makes it rather challenging to accurately scale the proposed location of buildings.  The Federal Emergency Management Agency (FEMA) has been systematically updating floodplain maps across the state and has recently completed new maps for Anoka County.  If the City desires to remain in the NFIP, we must amend our existing floodplain standards to adopt the new maps.

The floodplain standards are designed to minimize structural damage as a result of large scale floods, oftentimes referred to as a 100-year flood, by prohibiting the placement of structures within designated floodways and by requiring either floodproofing and/or the use of fill to elevate a structure to a certain elevation if within the flood fringe areas.  Structures located within a designated floodplain are required to be covered by flood insurance if the owner utilized federal or federally related financial assistance to acquire the property (federally backed loans).  If a community opted not to participate in the NFIP, then federally backed mortgages would not be an option for properties in the Special Flood Hazard Area (SFHA), flood insurance would not be available (to any property owner), and disaster assistance for the community also would not be available.

A notice of Public Hearing will be published in the City's official newspaper, the Anoka UnionHerald.

The updated Flood Insurance Rate Maps (FIRM) have incorporated the Flood Boundary and Floodway Maps information.  The updated maps also include an underlying aerial image, which assists in determining whether a property, or portions of a property, are located within a designated flood zone.  The updated maps have also incorporated any studies or detailed analyses that have been completed (either by the City, WMO, or other entity).  Upon adoption of the updated maps, the City will also gain access to Digital Flood Insurance Rate Maps (DFIRMs) through FEMA.

In order to avoid being suspended from the NFIP program, the City must adopt an amendment to the Floodplain Overlay Districts Subdivision in City Code to incorporate the updated maps.  The amendment must be adopted and provided to FEMA's regional office no later than December 16, 2015. The MN DNR is assisting communities with this process and has provided a model ordinance that meets the minimum federal requirements.  The model ordinance has commentary that identifies mandatory language as well as those items that may be optional.  The model ordinance very closely resembles the City's current floodplain regulations with the exception of identifying the new map panels and the fact that there has been some rearrangement of text (and incorporation of FEMA required language). Staff is presently working on reformatting this language into a draft ordinance but has included both the current Floodplain Overlay Districts Section of City Code as well as the Model Ordinance.  Note that cross-reference notes have been added to the Model Ordinance to help demonstrate what language is already in City Code. 

It is anticipated that the City Council will take final action on the ordinance amendment in late November or early December, which will allow Staff to send the updated ordinance to FEMA by December 16, 2015.

Staff attempted to attach each map panel to this case but due to file size, was not able to publish the agenda.  So, Staff will have a hard copy of each map panel available at the meeting.

Alternatives

Option #1.  Recommend that the City Council adopt the updated Flood Insurance Rate Maps via an amendment to the Floodplain Overlay Districts Subdivision of City Code.  The updated maps will assist in administering the floodplain standards as they have a much more complete road network and have aerial imagery as well.  If the City does not adopt the updated maps via an ordinance amendment, the City will be suspended from the NFIP which will create great challenges for property owners in the SFHA attempting to sell or refinance (federally backed loans would not be available).  Staff supports this option.
 
Option #2.  Recommend that the City Council not adopt the updated Flood Insurance Rate maps via an amendment to the Floodplain Overlay Districts Subdivision of City Code.  If the City fails to adopt the updated maps via an ordinance amendment, the City will be suspended from the NFIP, which can trigger some significant challenges for certain properties within the community.  Furthermore, the City loses it eligibility for federal disaster relief funding as well.  Staff does not support this option.




 

This work is being handled as part of normal Staff duties.

Motion to recommend that the City Council adopt the updated Flood Insurance Rate Maps by amending Chapter 117, Article II, Division 4, Subdivision III (Floodplain Overly Districts).