Okaloosa County BOCC — February 21, 2017 — Issuance of Notice for New Floodplain Maps — agenda request — reading text

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 21, 2017 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Issuance of Notice for New Floodplain Maps DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: Advise the Board of County Commissioners on the status of the Flood Insurance Rate Map update, including the 90 day comment window and necessity of designating an entity to receive any appeals, if filed. BACKGROUND: In 1968, the US Congress passed the National Flood Insurance Act in order to provide a method of sharing the risk of flood losses through a program of flood insurance intended to complement and encourage preventive and protective measures. One of the key components of the NFIP are the Flood Insurance Rate Maps which are used to assess a property's risk of flooding and establish the insurance premiums of policy holders. In order to participate in the NFIP, a community must, at a minimum, enforce the standards provided in the NFIP including adherence to the flood maps. On July 1, 1977, Okaloosa County began participating in the NFIP, and since that time has adopted the most current versions of the maps and maintained within the County Code various provisions to implement its floodplain management program in accordance with the NFIP. Due to an escalation in the number and cost of flood insurance claims, in 2012 Congress passed the Biggert-Waters Flood Insurance Reform Act (BW-12) which requires significant program reform. The law requires changes to all major components of the program, including flood insurance, flood hazard mapping, grants, and the management of floodplains which are intended to improve the program, and make the NFIP more financially stable by ensuring that flood insurance rates more accurately reflect the true risks and costs of flooding. Due to public concern over the increased cost of flood insurance under BW-12, in 2014 Congress passed the Consolidated Appropriations Act. Perhaps most importantly, the 2014 Act prohibits FEMA from enacting the rate increases until after a mapping change or update occurs. The Flood Insurance Rate Maps currently in effect in Okaloosa County were adopted in 2002. As required by BW-12, FEMA began the process of updating the maps in order to ensure that they reflect as accurately as possible the vulnerability of flooding throughout the County. In April of 2016, the Federal Emergency Management Agency, working in conjunction with the Northwest Florida Water Management District, released for public agency review the preliminary draft of the updated maps. Growth Management and Public Works staff reviewed the maps and did not identify any errors that could be found without conducting an engineering and surveying analysis. Further, a number of known errors in the existing maps have been corrected in the updated version. The Board of County Commissioners received a public information update regarding the release of the preliminary maps on May 17, 2016. The update included the website whereby citizens could obtain additional information. On February 8, 2017, FEMA sent the attached letter advising Okaloosa County that the final draft maps have been completed and are available for public inspection. The letter states that advertisements will be run in the February 15 and February 22 editions of the Northwest Florida Daily News notifying the general public of the availability of the maps. The publication of the second advertisement starts a 90 day appeal period during which anyone who believes the maps to be in error may file an appeal. It is important to note that, as stated in the letter, "the sole basis for such appeals is the possession of knowledge or information indicating that the proposed flood hazard determinations are scientifically or technically incorrect", and that "[o]nly appeals...supported by scientific or technical data can be considered". The letter further provides that Okaloosa County must publicly designate an entity to review appeals, and that at the close of the 90 day appeal period, send any appeals and associated materials to the contact at Northwest Florida Water Management District which is serving as FEMA's partner in this effort. If the Board determines that it wishes to appeal all or part of the maps, it must include any privately initiated appeals as part of its own. Whether or not the County decides to appeal, it must so notify FEMA by the end of the 90 day period. Based on the information reviewed to date, staff does not believe that the County has any scientific information or technical data to support an appeal on its own behalf. At the end of the 90 day review period (May 22, 2017) and after any appeals have been resolved, FEMA will make its final determination and provide an effective date for the new maps. Once the new maps take effect, FEMA will be able to adjust federal flood insurance premiums based upon the new flood zone designations. In order to continue to participate in the NFIP, Okaloosa County must adopt the new maps. Since each parcel is unique, staff cannot provide an estimate of the fiscal impact of the proposed changes. In some cases flood insurance rates will go up, and in others (if for example a parcel is taken out of a flood hazard area) rates may go down. As FEMA's partner in this map revision project, the Northwest Florida Water Management District has established an online portal (http://portal.nwfwmdfloodmaps.com) through which property owners may review the proposed changes and receive a report specific to their own parcels. The attached screenshots from the portal illustrate how it works. RECOMMENDATION: Staff recommends that the Growth Management Department's Planning/Floodplain Coordinator be the County's designee for receiving any appeals during the 90 day review period, and that the Planning/Floodplain Coordinator be authorized to receive and, in consultation with the County Engineer as needed, review and forward to the Northwest Florida Water Management District all appeals and information received during this period. Staff further recommends that the Board authorize the issuance of a press release which notifies County residents of the release of the maps, provides the Northwest Florida Water Management District portal, and which provides the name, address, and contact information of the Planning/Floodplain Coordinator to whom appeals should be sent. Finally, staff recommends that the Board authorize the posting of the press release on the County website. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator