All projects in floodways must be evaluated for their potential impacts to flood heights. Projects in Federal Emergency Management Agency (FEMA) Floodways must demonstrate that they will not increase flood heights (No-rise) or must proceed through the appropriate FEMA process to document the increase in flood heights (surcharge) and revise the floodplain mapping. Projects taking place in FEMA Floodways are required to obtain either a No-rise Certification or apply for and obtain a Conditional Letter of Map Revision (CLOMR) before construction and a Letter of Map Revision (LOMR) post-construction. No-rise requirements are linked to local community participation in the National Flood Insurance Program (NFIP). To participate in the NFIP, local communities must adopt floodplain regulations based on federal code that that meet minimum standards set forth by FEMA. No-rise requirements come from 44 CFR 60.3 (d) (3).
44 CFR 60.3 (d) (3) Prohibit encroachments, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
FAQs
- What has changed regarding projects in FEMA Floodways?
What has changed is how FEMA interprets 44 CFR 60.3 (d) (3). FEMA no longer considers Department of Natural Resources (DNR) permits to satisfy the requirement that projects do not result in any increase in flood levels. FEMA’s new stance is that proposed projects must demonstrate surcharges are 0.00’ and complete a No-rise Certification OR submit a CLOMR application to show surcharges are acceptable. This means that the local community should be asking you for No-rise Certification or requiring that you obtain a CLOMR before they will issue a permit so they satisfy their local ordinance and do not jeopardize their participation status in the National Flood Insurance Program.
- I have heard that FEMA will no longer allow DNR to have up to a 0.14’ surcharge without a LOMR.
DNR, through the Flood Control Act, still regulates to a 0.14’ cumulative surcharge. Projects within a FEMA floodway should be required, by local floodplain ordinances, to also meet a No-rise certification or obtain a CLOMR before and LOMR after the project is complete. DNR is attempting to make applicants aware of this requirement during the permit process to help reduce the need to redesign projects or prepare modeling after a permit is issued.
- When does my project need No-rise Certification?
Projects located in floodways that FEMA has mapped on the Flood Insurance Rate Maps (FIRMs) will need this additional analysis. If it can be demonstrated that the project does not create a rise to the base flood elevation, a No-rise Certification will need to be signed by a licensed engineer and submitted to the community to obtain local permits.
- Why does my project need a CLOMR?
Projects located in floodways that FEMA has mapped on the FIRMs will need this additional analysis. If it cannot be demonstrated that the project does not create a rise to the base flood elevation, a CLOMR will need to be obtained before a local permit can be issued. View more information on CLOMRs.
- Does this mean that I cannot use DNR’s Non-modeling worksheets?
Non-modeling worksheets have been updated to reflect these changes. Some projects may not be able to be evaluated through the Change in Effective Flow Area Worksheet that previously could. Please consider contacting DNR staff to discuss these cases before submitting permits.
As of now, projects that are adequately evaluated under the Bridge Replacement-in-Kind Worksheet and Ineffective Flow Area Worksheet are still viewed by FEMA as qualifying for “No Adverse Impact.”
- What happens if I do not get my No-rise Certification or CLOMR?
When FEMA identifies areas where development has occurred in the floodway and the community does not have a record of No-rise Certification, FEMA will issue a violation to the community. This will prevent anyone in the area from obtaining a Letter of Map Amendment (LOMA). Additionally, if the matter is unresolved, FEMA may suspend the community from the NFIP, which would prevent properties in the floodplain from obtaining NFIP flood insurance, which is a requirement for structures with federally backed mortgages.
