[HISTORY: Adopted by the Town Meeting of the Town of Rye 3-12-2019 by Art. 5. Amendments noted
where applicable.]
A.
This chapter, adopted pursuant to the authority of RSA 674:16, RSA
674:17, and RSA 674:56, shall be known as the "Town of Rye Floodplain
Management Ordinance" ("this chapter").
B.
The purpose of this chapter is to promote the public health, safety,
and general welfare; to minimize hazards to persons and property from
flooding; to protect watercourses from encroachment; and to maintain
the capability of floodplains to retain and carry off floodwaters.
A.
Certain areas of the Town of Rye are subject to periodic flooding,
causing serious damages to properties within these areas. Relief is
available in the form of flood insurance as authorized by the National
Flood Insurance Act of 1968. Therefore, the Town of Rye has chosen
to become a participating community in the National Flood Insurance
Program (NFIP), and agrees to comply with the requirements of the
National Flood Insurance Act of 1968 (P.L. 90-488, as amended) as
detailed in this chapter.
B.
The following regulations in this chapter shall apply to all lands
within the Town of Rye and designated as special flood hazard areas
by the Federal Emergency Management Agency (FEMA) in its "Flood Insurance
Study (FIS) for Rockingham, NH," dated January 29, 2021, together
with the associated Flood Insurance Rate Map (FIRM) panels (33015C0265F,
33015C0269F, 33015C0270F, 33015C0286F, 33015C0287F, 33015C0288F, 33015C0431F,
33015C0432F, 33015C0434F, 33015C0451F, 33015C0457F, 33015C0459F, 33015C0476F,
and 33015C0478F) dated January 29, 2021, and associated amendments
and revisions, which are declared to be a part of this chapter and
are hereby incorporated by reference.
[Amended 11-9-2020]
C.
This chapter establishes a permit system and review procedure for
development in a special flood hazard area of the Town of Rye.
A.
If any provision of this chapter differs or appears in conflict with
any other ordinance or regulation, the provision imposing the greater
restriction or more stringent standard shall be controlling.
B.
Should any section or provision of this chapter be declared by the
courts to be unconstitutional or invalid, such decision shall not
affect the validity of the Ordinance as a whole, or any part thereof
other than the part so declared to be unconstitutional or invalid.
C.
In accordance with RSA 676, the Floodplain Administrator, as defined
below, shall enforce and administer the provisions of this chapter.
D.
The degree of flood protection required by this chapter is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur, and
flood heights may be increased by man-made or natural causes. This
chapter does not imply that land outside of a special flood hazard
area or uses that are permitted within such areas will be free from
flooding or flood damage.
A.
The Building Inspector is hereby appointed to administer and implement
these regulations and is referred to herein as the "Floodplain Administrator."
B.
The duties and responsibilities of the Floodplain Administrator shall
include, but are not limited to:
(1)
Ensure that permits are obtained for proposed development in a special
flood hazard area.
(2)
Review all permit applications for completeness and accuracy, and
coordinate with the applicant for corrections or further documentation,
as needed.
(3)
Interpret the special flood hazard area and floodway boundaries and
determine whether a proposed development is located in a special flood
hazard area and, if so, whether it is also located in a floodway.
(4)
Provide available flood zone and base flood elevation information
pertinent to the proposed development.
(5)
Make the determination as to whether a structure will be substantially
improved or has incurred substantial damage as defined in this chapter
and enforce the provisions of this chapter for any structure determined
to be substantially improved or substantially damaged.
(6)
Issue or deny a permit based on review of the permit application
and any required accompanying documentation.
(7)
Ensure prior to any alteration or relocation of a watercourse that
the required submittal and notification requirements in this chapter
are met.
(8)
Review all required as-built documentation and other documentation
submitted by the applicant for completeness and accuracy and verify
that all permit conditions have been completed in compliance with
this chapter.
(9)
Notify the applicant in writing of either compliance or noncompliance
with the provisions of this chapter.
(10)
Ensure the administrative and enforcement procedures detailed in
RSA 676 are followed for any violations of this chapter.
(11)
Submit to FEMA, or require applicants to submit to FEMA, data and
information necessary to maintain FIRMs, including hydrologic and
hydraulic engineering analyses prepared by or for the Town of Rye,
within six months after such data and information becomes available
if the analyses indicate changes in base flood elevations, special
flood hazard area boundaries, and/or floodway boundaries.
(12)
Maintain and permanently keep and make available for public inspection
all records that are necessary for the administration of these regulations,
including local permit documents, flood zone and base flood elevation
determinations, substantial improvement and damage determinations,
variance and enforcement documentation, and as-built elevation and
dry floodproofing data for structures subject to this chapter.
(13)
Delegate duties and responsibilities set forth in these regulations
to qualified technical personnel, inspectors, or other community officials
as needed.
A.
The Floodplain Administrator shall determine whether any portion
of a proposed development is located in a special flood hazard area
and, if so, whether it is also located in a floodway, using the effective
FIRM. If the development is located wholly or partially in a special
flood hazard area, the Floodplain Administrator shall determine the
flood zone and the applicable requirements in this chapter that shall
apply to the development.
B.
Where it is unclear whether a site is in a special flood hazard area
and/or in a floodway, the Floodplain Administrator may require additional
information from the applicant to determine the development's location
on the effective FIRM.
C.
If any portion of a development, including a structure and its attachments
(e.g., deck posts, stairs) is located in multiple flood zones, the
flood zone with the more restrictive requirements documented in this
chapter shall apply.
D.
Where a conflict exists between the floodplain limits illustrated
on the FIRM and actual natural ground elevation, the base flood elevation(s)
in relation to the actual natural ground elevation shall be the governing
factor in locating the regulatory floodplain limits.
E.
Within a riverine special flood hazard area designated as Zone A, the Floodplain Administrator shall obtain, review, and reasonably utilize any floodway data available from federal, state, or other sources. If floodway data is available, the applicant shall meet the floodway requirements in § 60-15 of this chapter.
A.
For all development in a special flood hazard area that proposes
to improve an existing structure, including alterations, movement,
enlargement, replacement, repair, additions, rehabilitations, renovations,
repairs of damage from any origin (such as, but not limited to, flood,
fire, wind or snow) and any other improvement of or work on such structure,
including within its existing footprint, the Floodplain Administrator,
in coordination with any other applicable community official(s), shall
be responsible for the following:
(1)
Review description of proposed work submitted by the applicant.
(2)
Use the community's current assessed value of the structure (excluding
the land) to determine the market value of the structure prior to
the start of the initial repair or improvement, or in the case of
damage, the market value prior to the damage occurring. If the applicant
disagrees with the use of the community's assessed value of the structure,
the applicant is responsible for engaging a licensed property appraiser
to submit a comparable property appraisal for the total market value
of only the structure.
(3)
Review cost estimates of the proposed work, including donated or
discounted materials and owner and volunteer labor, submitted by the
applicant and determine if the costs are reasonable for the proposed
work, or use other acceptable methods, such as those prepared by licensed
contractors or professional construction cost estimators and from
building valuation tables, to estimate the costs.
(4)
Determine if the proposed work constitutes substantial improvement
or repair of substantial damage as defined in this chapter taking
place during a five-year period in which the cumulative cost equals
or exceeds 50% of the market value of the structure. For each structure,
the five-year period begins on the date of the first permit issued
for improvement or repair of that structure subsequent to March 12,
2024.
[Amended 3-12-2024 by Art. 4 (Am 1)]
(5)
Notify the applicant in writing of the result of the substantial
improvement or damage determination. If the determination is that
the work constitutes substantial improvement or substantial damage,
the written documentation shall state that full compliance with the
provisions of this chapter is required.
B.
Repair, alteration, additions, rehabilitation, or other improvements
of historic structures shall not be subject to the elevation and dry
floodproofing requirements of this chapter if the proposed work will
not affect the structure's designation as an historic structure. The
documentation of a structure's continued eligibility and designation
as an historic structure shall be required by the Floodplain Administrator
in approving this exemption.
A.
All proposed development within a special flood hazard area shall
require a permit from the Town of Rye prior to the commencement of
any development activities. Development, as defined in this chapter,
includes both building and nonbuilding activities.
B.
To obtain a permit, the applicant shall first submit an application
in writing on a form furnished by the Town of Rye for that purpose.
Every application shall include, but is not limited to:
(1)
The name, address and phone number of the applicant, owner, and contractor(s);
(2)
A map indicating the location of the proposed development sufficient
to accurately locate property and structure(s) in relation to existing
roads and water bodies;
(3)
A description of the proposed development and the use or occupancy
for which the proposed development is intended;
(4)
If the development involves proposed work on an existing structure,
a description of the total costs of the proposed work, including all
materials and labor;
(5)
In a Zone A, for proposed developments either greater than 50 lots
or greater than five acres, the base flood elevation(s) for the area,
including any data such as hydraulic and hydrologic analyses, used
to determine the elevation(s);
(6)
Submittal of evidence that all necessary permits have been obtained
from those federal, state, or local government agencies from which
prior approval is required; and
(7)
Such other material and information as may be requested by the Floodplain
Administrator to determine conformance with, and provide enforcement
of, this chapter.
C.
The Floodplain Administrator shall review all permit applications
for completeness and accuracy and coordinate with the applicant for
corrections or further documentation, as needed. If the proposed development
will comply with this chapter, the Floodplain Administrator shall
approve the application and issue a permit. If the proposed development
will not comply with this chapter, the Floodplain Administrator shall
deny the permit application and return it to the applicant with a
written explanation of denial.
D.
Following completion of new construction of a structure or an existing
structure that was substantially improved or replaced, or that incurred
substantial damage, or the placement or substantial improvement of
a manufactured home, the applicant shall submit the following to the
Floodplain Administrator:
(1)
For a structure located in Zone A, AE, and AO, a completed and certified
copy of an elevation certificate that includes the as-built elevation
(in relation to mean sea level) of the lowest floor of the structure
and whether or not the structure has a basement.
(2)
For a nonresidential structure located in Zone A, AE, or AO that
includes dry floodproofing, a completed and certified copy of the
floodproofing certificate for nonresidential structures that includes
the as-built elevation (in relation to mean sea level) to which the
structure was dry floodproofed and certification of floodproofing.
(3)
For a structure located in Zone VE, a completed and certified copy
of an elevation certificate that includes the as-built elevation (in
relation to mean sea level) of the lowest horizontal structural member
of the lowest floor (excluding pilings and columns) of the structure
and whether or not the structure has a basement.
(4)
For a structure located in Zone VE, a completed and certified copy
of a V-Zone design certificate that certifies the design and methods
of construction to be used are in accordance with accepted standards
of practice in meeting the Zone VE standards in this chapter.
E.
The Floodplain Administrator shall review all required as-built documentation
and other documentation submitted by the applicant for completeness
and accuracy and verify that all permit conditions have been completed
in compliance with this chapter. The Floodplain Administrator shall
either:
(1)
Issue a certificate of occupancy to the applicant if it has been
determined that full compliance with this chapter has been met; or
(2)
Notify the applicant in writing of any violation of this chapter
and the actions required to bring the development into compliance
with this chapter if it has been determined that full compliance with
this chapter has not been met.
A.
The Floodplain Administrator shall determine the flood elevation
for a structure as applicable for each permit application in the following
flood zones:
(1)
For Zones AE and VE, the base flood elevation is determined from
the data provided in the community's FIS and accompanying FIRM.
(2)
For Zone A with no base flood elevation shown in the FIS or on the
FIRM:
(a)
The Floodplain Administrator shall obtain, review, and reasonably
utilize any base flood elevation data available from any federal,
state or other source, including data submitted to the community for
development proposals (i.e., subdivisions, site plan approvals).
(b)
Where a base flood elevation is not available or not known,
the base flood elevation shall be determined to be at least two feet
above the highest adjacent grade.
(c)
For a development either greater than 50 lots or greater than
five acres, the applicant shall develop a base flood elevation for
the site and provide it to the Floodplain Administrator with their
permit application.
(3)
For Zone AO, the base flood elevation is determined by adding the
depth number specified on the FIRM to the elevation of the highest
adjacent grade, or if no depth number is specified on the FIRM, by
adding at least two feet to the elevation of the highest adjacent
grade.
B.
If a structure is affected by multiple base flood elevations, the
highest base flood elevation shall apply.
A.
All development located in a special flood hazard area shall be:
(1)
Reasonably safe from flooding;
(2)
Designed and constructed with methods and practices that minimize
flood damage;
(3)
Designed (or modified) and adequately anchored to prevent flotation,
collapse, or lateral movement (including structures and aboveground
gas or liquid storage tanks);
(4)
Constructed with flood-damage-resistant materials;
(5)
Constructed with electrical, heating, ventilation, plumbing, and
air-conditioning equipment, and other service facilities that are
designed and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding;
(6)
Adequately drained to reduce exposure to flood hazards; and
(7)
Compliant with the applicable requirements of the State Building
Code and the applicable standards in this chapter, whichever is more
restrictive.
B.
All development located in Zone AO shall also include adequate drainage
paths placed around structures on slopes, to guide floodwater away
from the proposed structure.
A.
New construction of a residential structure or an existing residential
structure to be substantially improved or replaced, or that has incurred
substantial damage located in Zones A, AE and AO, shall have the lowest
floor elevated at least two feet above the base flood elevation.
B.
New construction of a nonresidential structure or an existing nonresidential
structure to be substantially improved or replaced, or that has incurred
substantial damage located in Zones A, AE, and AO, shall:
(1)
Have the lowest floor elevated at least two feet above the base flood
elevation; or
(2)
Together with attendant utility and sanitary facilities:
(a)
Be floodproofed at least two feet above the base flood elevation
so that below this elevation the structure is watertight with walls
substantially impermeable to the passage of water;
(b)
Have structural components capable of resisting hydrostatic
and hydrodynamic loads and the effects of buoyancy; and
(3)
Be certified by a professional engineer or architect that the dry
floodproofing design and methods of construction are in accordance
with accepted standards of practice for meeting the provisions of
this section. Such certification shall be provided to the Floodplain
Administrator in the form of a completed and signed floodproofing
certificate for nonresidential structures.
[Amended 3-10-2020 by
Art. 5]
C.
A fully enclosed area for new construction of a structure, or an
existing structure to be substantially improved or replaced, or that
has incurred substantial damage, located in a special flood hazard
area that is below the lowest floor of a structure, below the base
flood elevation, and therefore subject to flooding, shall meet the
following requirements:
(1)
Be constructed with flood-damage-resistant materials;
(2)
Be used solely for the parking of vehicles, building access, or storage;
(3)
Be constructed with the floor of the enclosed area at grade on at
least one side of the structure; and
(4)
Be constructed with flood openings installed in the enclosure walls
so that they are designed to automatically equalize hydrostatic flood
forces on exterior walls by allowing for the entry and exit of floodwater.
Designs for meeting this requirement must either be certified by a
professional engineer or architect or must meet or exceed the following
minimum criteria:
[Amended 3-10-2020 by
Art. 5]
(a)
A minimum of two flood openings on different sides of each enclosed
area having a total net area of not less than one square inch for
every square foot of enclosed area subject to flooding shall be provided;
(b)
The bottom of all flood openings shall be no higher on the enclosure
wall than one foot above either the interior or exterior grade, whichever
is higher; and
(c)
Flood openings may be equipped with screens, louvers, or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
D.
A fully enclosed area that has a floor that is below grade on all
sides, including below-grade crawl spaces and basements, is prohibited
for new structures, existing structures to be substantially improved
or replaced, or that have incurred substantial damage, located in
Zones A, AE, and AO.
A.
New construction of a structure or an existing structure to be substantially
improved or replaced, or that incurred substantial damage, or the
placement or substantial improvement of a manufactured home located
in Zone VE, shall be elevated on pilings and columns such that:
(1)
The bottom of the lowest horizontal structural member of the lowest
floor (excluding the pilings or columns) is elevated at least two
feet above the base flood elevation;
(2)
The pile or column foundation and structure attached thereto is anchored
to resist flotation, collapse, and lateral movement due to the effects
of wind and water loads acting simultaneously on all building components;
and
(3)
Water loading values used shall be those associated with the base
flood. Wind loading values used shall be those required by applicable
state and local building standards.
B.
The space below the lowest floor of new construction of a structure
or an existing structure to be substantially improved or replaced,
or that incurred substantial damage, or the placement or substantial
improvement of a manufactured home located in Zone VE, shall be:
(1)
Used solely for the parking of vehicles, building access, or storage;
and either be:
(a)
Free of obstructions as detailed in the FEMA Technical Bulletin
5, Free of Obstruction Requirements for Buildings Located in Coastal
High Hazard Areas in Accordance with the National Flood Insurance
Program; or
(b)
Enclosed by walls that shall meet the following requirements:
[1]
Constructed to enclose 299 square feet of area or less (exterior
measurement);
[2]
Designed to break away under flood loads and are not part of
the structural support of the structure;
[3]
Electrical, mechanical, and plumbing system components are not
to be mounted on or penetrate through walls that are designed to break
away under flood loads; and
[4]
Walls intended to break away under flood loads shall be constructed
with insect screening or open lattice, or shall be designed to break
away or collapse without causing collapse, displacement or other structural
damage to the elevated portion of the building or supporting foundation
system. Such walls, framing and connections shall have a design safe
loading resistance of not less than 10 pounds per square foot and
no more than 20 pounds per square foot.
C.
For all new construction of a structure or an existing structure
to be substantially improved or replaced, or that incurred substantial
damage, or the placement or substantial improvement of a manufactured
home located in Zone VE, a professional engineer or architect shall:
(1)
Develop or review the structural design, specifications and plans
for construction; and
D.
All new construction of a structure within Zone VE shall be located
landward of the reach of mean high tide.
E.
The use of fill for structural support of buildings within Zone VE
is prohibited.
F.
Man-made alterations of sand dunes within Zone VE which would increase
potential flood damage are prohibited.
In Zones A, AE, and AO, new construction or substantial improvement of a small, detached accessory structure of 500 square feet or less does not have to meet the elevation or nonresidential dry floodproofing requirements as detailed in § 60-10 of this chapter if the following wet floodproofing standards are met:
A.
The structure has unfinished interiors and is not used for human
habitation;
B.
The structure is not located in the floodway;
C.
The structure is not used for storage of hazardous materials;
D.
The structure is wet floodproofed and designed to allow for the automatic entry and exit of floodwater as detailed in § 60-10C(4);
E.
The structure shall be firmly anchored to prevent flotation, collapse
and lateral movement;
F.
When possible, the structure shall be constructed and placed on the
building site so as to offer the minimum resistance to the flow of
floodwaters and be placed further from the source of flooding than
the primary structure; and
G.
Service facilities such as electrical, mechanical and heating equipment
shall be elevated or dry floodproofed to or above the base flood elevation.
A.
A new manufactured home to be placed or an existing manufactured
home to be substantially improved or replaced, or that has incurred
substantial damage, located in Zones A, AE, and AO shall:
(1)
Have the lowest floor elevated at least two feet above the base flood
elevation;
(2)
Be on a permanent, reinforced foundation;
(3)
Be installed using methods and practices which minimize flood damage;
(4)
Be securely anchored to an adequately anchored foundation system
to resist flotation, collapse and lateral movement. Methods of anchoring
are authorized to include, but are not to be limited to, use of over-the-top
or frame ties to ground anchors. This requirement is in addition to
applicable state and local anchoring requirements for resisting wind
forces; and
(5)
Comply with the requirements of § 60-10C of this chapter in cases where fully enclosed areas are present below an elevated manufactured home, including enclosures surrounded by rigid skirting or other material attached to the frame or foundation. Flexible skirting and rigid skirting not attached to the frame or foundation of a manufactured home are not required to have flood openings.
B.
A recreational vehicle located within a special flood hazard area
shall meet one of the following requirements:
The following standards shall apply to all water supply, sanitary
sewage, and on-site waste disposal systems located in a special flood
hazard area:
A.
All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the systems;
B.
New and replacement sanitary sewage systems shall be designed and
located to minimize or eliminate infiltration of floodwaters into
the systems and discharge from the system into floodwaters; and
C.
On-site waste disposal systems shall be located and constructed to
avoid impairment to them or contamination from them during flooding.
[Amended 3-10-2020 by
Art. 5]
A.
Within a floodway, for any development, including fill, new construction,
substantial improvements and other development or land-disturbing-activity,
the applicant must, prior to a permit being issued by the Floodplain
Administrator, submit certification prepared by a professional engineer,
along with supporting technical data and analyses, that demonstrates
that such development will not cause any increase in the base flood
elevation at any location in the community. If the analyses demonstrate
that the proposed activities will result in any increase in the base
flood elevation, the applicant must obtain a conditional letter of
map revision (CLOMR) from FEMA prior to permit issuance by the Floodplain
Administrator. The Floodplain Administrator reserves the right to
deny a permit for the project if concerns about the development being
reasonably safe from flooding remain following issuance of the CLOMR.
If a permit is issued and the project completed, the applicant must
also obtain a letter of map revision (LOMR) from FEMA. CLOMR and LOMR
submittal requirements and fees shall be the responsibility of the
applicant.
B.
Within a riverine special flood hazard area where a base flood elevation
has been determined but a floodway has not been designated, for any
development, including fill, new construction, substantial improvements
and other development or land-disturbing activity, the applicant must,
prior to a permit being issued by the Floodplain Administrator, submit
certification prepared by a professional engineer, along with supporting
technical data and analyses, that demonstrates that the cumulative
effect of the proposed development, when combined with all other existing
and anticipated development, will not increase the base flood elevation
more than one foot at any point within the community. If the analyses
demonstrate that the proposed activities will result in more than
a one-foot increase in the base flood elevation, the applicant must
obtain a conditional letter of map revision (CLOMR) from FEMA prior
to permit issuance by the Floodplain Administrator. The Floodplain
Administrator reserves the right to deny a permit for the project
if concerns about the development being reasonably safe from flooding
remain following issuance of the CLOMR. If a permit is issued and
the project completed, the applicant must also obtain a letter of
map revision (LOMR) from FEMA. CLOMR and LOMR submittal requirements
and fees shall be the responsibility of the applicant.
A.
Prior to a permit being issued by the Floodplain Administrator for
any alteration or relocation of any riverine watercourse, the applicant
shall:
(1)
Notify the Wetlands Bureau of the New Hampshire Department of Environmental
Services and submit copies of such notification to the Floodplain
Administrator, in addition to the copies required by RSA 482-A3; and
(2)
Submit to the Floodplain Administrator certification provided by
a professional engineer, assuring that the flood-carrying capacity
of an altered or relocated watercourse can and will be maintained.
[Amended 3-10-2020 by
Art. 5]
B.
Prior to a permit being issued for any alteration or relocation of
any riverine watercourse, the Floodplain Administrator shall notify
adjacent communities and the state NFIP coordinating agency and submit
copies of such notification to FEMA's Federal Insurance Administrator.
A.
Any order, requirement, decision or determination of the Floodplain
Administrator made under this chapter may be appealed to the Board
of Adjustment as set forth in RSA 676:5.
[Amended 3-10-2020 by
Art. 5]
B.
If the applicant, upon appeal, requests a variance as authorized
by RSA 674:33, I(b), the applicant shall have the burden of showing,
in addition to the variance standards under state law, that:
(1)
The variance will not result in increased flood heights of any magnitude,
additional threats to public safety, fraud on or victimization of
the public; or extraordinary public expense;
(2)
The issuance of the variance will not conflict with other state,
federal or local laws or ordinances;
(3)
If the requested variance is for activity within a floodway, no increase
in flood levels during the base flood discharge will result; and
(4)
The variance is the minimum necessary, considering the flood hazard,
to afford relief.
The following definitions shall apply only to this Floodplain
Management Ordinance, and shall not be affected by the provisions
of any other ordinance.
A structure which is:
Detached from and clearly incidental and subordinate to the
principal use or structure on a lot;
Located on the same lot as the principal structure or use;
Clearly and customarily related to the principal structure or
use; and
Only used for vehicle parking, storage, or primarily building
access. Examples include garages, garden and tool sheds, and playhouses.
The flood having a 1% chance (or one in 100 chance) of being
equaled or exceeded in any given year.
The elevation of the base (1% annual chance) flood referenced
to a specified vertical datum (National Geodetic Vertical Datum of
1929 or North American Vertical Datum of 1988).
Any area of a structure having its floor subgrade (below
ground level) on all sides.
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces, without causing damage to the
elevated portion of the building or supporting foundation system.
Any walls below the lowest floor in a building in Zone VE should give
way under wind and water loads without causing collapse, displacement,
or other damage to the elevated portion of the building or the supporting
pilings or columns.
See "structure."
FEMA's comment on a proposed project that would, upon construction,
affect the hydrologic and/or hydraulic characteristics of a flooding
source and thus result in the modification of the existing floodway,
base flood elevation, or the special flood hazard area. CLOMRs do
not revise an effective FIRM since they do not reflect as-built conditions.
Any man made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavating or drilling operations
or storage of equipment or materials.
A form developed by FEMA to collect surveyed elevations and
other information about a building, which can be used for the purposes
of compliance with a community's floodplain regulations, flood insurance
rating, and letters of map amendment applications.
An area created by a crawl space or solid walls that fully
enclose an area below an elevated building.
The Federal Emergency Management Agency.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
Any building product (material, component or system) capable
of withstanding direct and prolonged contact with floodwaters without
sustaining significant damage. See FEMA Technical Bulletin 2, Flood
Damage-Resistant Materials Requirements.
The official map incorporated with this chapter on which
FEMA has delineated both the special flood hazard areas and the risk
premium zones applicable to the community. The FIRM is a graphic representation
of the data contained in the accompanying Flood Insurance Study.
A compilation and presentation of flood risk data for specific
watercourses, lakes, and coastal flood hazard areas within a community.
The FIS report contains detailed flood elevation data in flood profiles
and data tables.
An opening in a foundation or enclosure wall that allows
automatic entry and exit of floodwaters. See FEMA Technical Bulletin
1, Openings in Foundation Walls and Walls of Enclosures.
Any land area susceptible to being inundated by water from
any source (see definition of "flooding").
A person responsible for administering and implementing the
community's local floodplain ordinance and ensuring that the community
is complying with minimum NFIP standards and enforcing any locally
imposed higher standards.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures that reduce or eliminate flood
damage to real estate or improved real property, water and sanitation
facilities, structures and their contents.
The form developed by FEMA for use in the certification of
non-residential dry floodproofing designs.
Making a structure watertight below the level that needs
flood protection to prevent floodwaters from entering.
Permanent or contingent measures applied to a structure and/or
its contents that prevent or provide resistance to damage from flooding
by allowing floodwaters to enter the structure.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
a designated height.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
An official document issued by FEMA that revises or amends
the flood hazard information shown on the FIRM without requiring the
FIRM to be physically revised and/or republished. Letters of map change
can include letters of map amendment, letters of map revision, and
letters of map revision based on fill.
FEMA's modification to an effective FIRM, usually as a result
of physical changes to the flooding source and floodplain that result
in the modification of the existing regulatory floodway, base flood
elevations, or special flood hazard area. LOMRs are a cost-effective
way to keep FIRMs up to date without republishing an entire map panel
or panels. The LOMR is generally accompanied by an annotated copy
of the affected portions of the FIRM and/or FIS report.
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for parking
of vehicles, building access or storage, in an area other than a basement
area, is not considered a building's lowest floor, provided that such
an enclosure is built in compliance with the applicable nonelevation
design requirements in this chapter.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. For
floodplain management purposes, the term "manufactured home" includes
park trailers, travel trailers, and other similar vehicles placed
on site for greater than 180 consecutive days. This includes manufactured
homes located in a manufactured home park or subdivision.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
The National Geodetic Vertical Datum (NGVD) of 1929, North
American Vertical Datum (NAVD) of 1988, or other vertical datum to
which base flood elevations shown on a community's FIRMs are referenced.
The program created by the Congress of the United States
in 1968 through the National Flood Insurance Act of 1968 (P.L. 90-448).
The program enables property owners in participating communities to
purchase insurance protection, administered by the government, against
losses from flooding.
The grade unaffected by construction techniques such as fill,
landscaping or berming.
Structures for which the start of construction commenced
on or after the effective date of a floodplain management regulation
adopted by a community, and includes any subsequent improvements to
such structures.
A vehicle:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projection;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters (less than 180 consecutive days) for recreational,
camping, travel or seasonal use.
The land in the floodplain subject to a 1% or greater possibility
of flooding in any given year. The area is designated on the FIRM
as Zones A, AE, AO, or VE.
Includes substantial improvements, and means the date the
building permit was issued, provided the actual start of construction,
repair, reconstruction, placement, or other improvement was within
180 days of the permit date. The "actual start" means either the first
placement of permanent construction of a structure on site, such as
the pouring of slab or footings, the installation of piles, the construction
of columns, or any work beyond the stage of excavation; or the placement
of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading and filling;
nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or part of the main structure.
The current codes adopted by the State of New Hampshire.
The agency of the state government (or other office designated
by the Governor of the state or by state statute) that, at the request
of the Federal Insurance Administrator, assists in the implementation
of the National Flood Insurance Program (NFIP) in that state.
A walled and roofed building, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred. The market value of the structure should equal the
appraised value of the structure prior to the damage occurring.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions;
or
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A certificate used by the community to ensure that the design
and method of construction for structures located in Zone VE are in
accordance with accepted standards of practice and are developed or
reviewed and certified by a professional engineer or architect.
