HomeMy WebLinkAbout8 - Flood Plain Management Ordinance 90-04
AGENDA NUMBER:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
HERITAGE
1891
COMMUNITY
1991
18J5f:)JV
2Q9/
8
DEB GARROSS, ASSISTANT CITY PLANNER
CONSIDER APPROVAL OF FLOOD PLAIN MANAGEMENT
ORDINANCE 90-04
SEPTEMBER 4, 1990
The purpose of,this memo is to outline a staff
response to l.ssues which were raised by
Councilmembers Scott and Fitzgerald relative
to the adoption of the revised Flood Plain
Management Ordinance. No other comments or
questions were raised on this proposed
ordinance.
Councilmember Scott requested staff to
investigate the "need" to adopt a revised
Ordinance. Minnesota statutes Chapter 104
attached, outlines Flood Plain Management
legislation. The state determined that the
public interest necessitates sound land use
development adjacent to and within flood
plains. Flood plains of this state are
considered to be a land resource to be
developed in a manner which will result in
minimum loss of life and threat to health, and
reduction of private and public economic loss
caused by flOOding."
The Commissioner of Natural Resources is
delegated with the authority to coordinate
local, state and federal flood plain
management activities. Chapter 104.4
authorizes the Commissioner to promulgate
rules authorizing local governmental units to
adopt flood plain management ordinances.
(This authority is similar to the
Commissioner's responsibilities relative to
Shoreland Management). The Commissioner is
required to notl.fy each local government of
flood plain requirements and in return, each
government must adopt a flood plain management
ordinance. In the event a city does not adopt
an ordinance the Commissioner has the power to
adopt an ordinance compliant to the rules and
charge costs incurred to the municipality.
Section 104.08 outlines flood insurance
requirements and states that "it is the policy
of the state of Minnesota that all local
government units subject to recurrent flooding
4629 Dakota 51. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
participate in the national flood insurance
program, Public Law Number 90-488, and acts
amendatory thereof or supplementary thereto,
so that the people of Minnesota have the
opportunity to indemnify themselves from
future flood losses through the purchas~ ,of
insurance. Within 120 days after recel.vl.ng
notice of inclusion on the amended list, each
local governmental unit shall aPl?ly for
participation in the national flood l.nsurance
program in the manner prescribed by federal
laws."
DISCUSSION:
The City of Prior Lake Flood Insurance Rate
Map (FIRM) indicates that the City was
officiall~ notified in July of 1974 and that
the officl.al date of program implementation is
September 29, 1978. The City has operated
under the existing Flood Plain Ordinance since
1978. In 1989, staff was notified by the DNR
that the existing ordinance was in need of
amendment to be compliant with recent changes
in the Federal Emergency Management Act (FEMA)
standards. The result of several months of
negotiations and public hearin9 input are
found in the draft of Flood Plal.n Ordinance
90-04 which was distributed to the City
Council on August 20, 1990. Staff is eager to
have Ordinance 90-04 adopted since it truly
represents the method by which flood plain
management is implemented in our community.
The draft has received conditional approval
from the DNR as written.
Councilmember Fitzgerald requested staff to
research the process that would be involved
in order to change the 909 flood plain
elevation. A restudy of the Base Flood
Elevation indicated on the Flood Insurance
Rate Map (FIRM) can be initiated by the City,
based upon the installation of the Prior Lake
outlet. The City would request FEMA to
conduct a physical revision of the existing
FIRM map. It is the responsibility of the
City to provide all data needed by FEMA to
conduct its analysis. The process for
requesting such a change is complex however,
the basic steps are as follows:
1. Provide FEMA with a general description
of the changes related to the outlet and
its drainage ditch.
2. Submit detailed plans and as-built
information to FEMA. (According to Don
Benson, Watershed District Staff
Coordinator, as-built plans for the oulet
do not exist.)
3 .
Conduct a new hydrologic analysis
accounting for the effects of the changes
and to delineate new flood plain
boundaries as necessarr.
Conduct a new hydraull.c analysis using
the new flood discharge values resulting
from the hydrologic analysis.
Revise delineations of the flood plain
boundaries.
4 .
5.
All analyses and data submitted by the City
must be certified by a registered professional
en9ineer or licensed land surveyor. Any
eXl.sting data must be certified "as-built" or
as representing existing conditions. The
hydrologic analysis for flooding sources must
be performed for the 10-, 50-, 100-, and
500-year floods. The hydrologic analysis
should be made using the same hydraulic
computer model used to develop the Base Flood
Elevations (BFE's) on the effective map.
Certification that the structure will be
maintained and operated by an agency of the
Federal, state, or local government may be
required. In addition, an ordinance or
official operation and maintenance plan
adopted by the agency which describes the trpe
and frequency of the maintenance activitl.es
that will be performed and a certification
from a Federal agency that states the
structure is adequately designed to provide
protection from a 100-rear or greater
magnitude flood may be requl.red.
After a revision request has been received
from the City, FEMA will acknowledge receipt
of the request by letter. FEMA Wl.ll review
the request and supporting data submitted. If
FEMA determines that additional data are
required to support the request, the data will
be requested by letter. FEMA allows 30 days
for the governing body to provide the
requested data. If the data is not provided
within the alloted time, FEMA will complete
the review using the original submission. If
the data submitted does not warrant changes to
the information shown on the effective map,
FEMA will notify the City that no further
action will be taken. If changes are
warranted, FEMA will either physically revise
the effective map or issue a Letter of Map
Revision to the community.
ALTERNATIVES:
RECOMMENDATION:
ACTION REQUIRED:
1.
Approve Flood Plain Ordinance 90-04 as
presented.
Table the item for further research.
Instruct staff to make changes in the
Ordinance as per Council discussion.
Alternative number 1. Staff believes that if
the Council wants to change the elevation
level, separate action should occur. Staff
further believes that more discussion is
needed before you decide to undertake this
process.
2.
3.
A motion to approve Ordinance 90-04 adopting
revised Flood Plain Management regulations for
the City of Prior Lake.
Type of Map Status of Map Type of Change Process and Authority I Method of Change I
To Be Changed
I FIRM I In 9O.0.y I Ch... to BFE II App..1 I M8P .nd R.port
Appe.1 Period 144 CFR. Pert 67) ReviMd Belo... Printi"1l
Chenges to Any Flood 0' Phy.ical M8P Revision or
Non. Flood Inlo,m.tion Lener of Mep Revi.ion
ILOMR)
Exclu.ion From SFHA
01 Structu.... .nd
Lell"lIy Onc:ribed P.rcel.
01 Undeveloped Lend
FHBM Elev.ted By Fill Pieced L.ner 01 M8P Revi.ion
Alter the ElIlICt,,,e o.te ILOMRI
FIRM E ffecti". 01 the First NFIP M8P M8P Revision
That Showed the 144 CFR. P.rt 65)
Structu... or Percel To Be
FBFM Within the SFHA
,
Conditionel Ch.... end
Conditional Exclusion of
Structures.nd Legally
Onc:ribed P.rcels of Condition.' LOMR
Undeveloped Land
Proposed To Be E.....ted
By Fill
Exclusion From SFHA of
Structures end Legally Lener of Mep
FHBM Described P.rcel. of Amendment I LOMA)
Effective Und...eloped L.nd M8P Amendment
FIRM 144 CFR. Part 701
Conditionel Exclu.ion Conditionel LOMA
01 Propoeed Structures
(SFHA)
(LOMR)
(FEMA)
(NFIP)
SPECIAL FLOOD HAZARD AREA
LETTER OF MAP REVISION
- FEDERAL EMERGENCY MANAGEMENT AGENCY
NATIONAL FLOOD INSURANCE PROGRAM
(FIRM)
(FHBM)
(FBFM)
FLOOD INSURANCE RATE MAP
- FLOOD HAZARD BOUNDARY MAP
FLOOD BOUNDARY & FLOODWAY MAP
FIGURE 2
Summary of NFIP Map Change Processes
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1t4.t1 noon PlAIN MANAGEMENT
2324
Drainage and Waters
CHAPTER 104
FLOOD PLAIN MANAGEMENT
104.01 Title. Iqlslal.ve IIndinp; policy and 1041S Mana,emnll plans; ~annl;
PUI'l'l* esubhslllnrnl.
10402 DellnlllOfts. 104.16 Loalland uv ord.nances.
104.01 Flood plains. commiwoner's dUlies; 104.17 "cqulSIlIOft o( .nleresls In land;
uses o( lIood plains. 4kvelopmrnl.
104.04 Flood pla.n mana,emenl ordinances. 10411 Resplns.bohllcs o( other aovemlllC1llaJ
104 OS Ruin. unllS.
104.06 Necnsary IlK. 104.1' F~r2I-stale ~lallons.
104.07 En(o~mcnl and penalllCS. 104 .0 Confhct wllh olher Ia~
104.0' Flood Insurance. 10442 Southern M,nnnou nven bas.n ara
104.10 SUle Invenlory and assessment. II. &ranIS 10 local aovernmenl;
104.11 Flood bazard m.llpllOft arants. cltfinltlOD .
104.2S w-r 51. CIOII wild and SttIlIC nven 10441 Provam.
lCI o( 1972; sute recosnitlOft and 10444 "1Cl (ormula.
.mplcmcnullon. 1044S ()pcralIOft Wllhln lIeney.
104.11 Wild and scenIC nven lCI. 10446 Sc~lon of pr'OJCCU.
104.12 POhe)' 104.47 ('ondllloM (or lranls.
10413 SY'lem. mlena (or incluSIon. 104.4' "PPlOvec! proJccts.
104.14 Comm.ssloner's dulles. 10449 Inlenute COC>per2llon.
104.SO Rcpon 10 Iqlslllu~
104.01 TI11..Eo LEGISLATIVE FINDINGS; POUCY AND PURPOSE.
Subdivision 1. Sections 104.01 to 104.07 may be cited as the flood plain manage-
ment act.
Subd. 2. The legislature finds and declares that: (a) A large portion of the state's
land resources is subject to recurnnt flooding by overflow of streams and other
watercourses causing loss oflife and property. disruption of commerce and governmen-
tal services. unsanitary conditions, and interruption of transportation and communica-
tions. all of which are detrimental to the health. safety, welfare. and property of the
occupants of flooded lands and the people of this state; and (b) The public interest
necessitates sound land use development as land is a limited and irreplaceable resource,
and the flood plains of this state are a land resource to be de\'eloped in a manner which
will result in minimum loss of life and threat to health. and reduction of private and
public economic loss caused by flooding.
Subd. 3. It is the policy of this state and the purpose of sections 104.01 to 104.07
to reduce flood damages through flood plain management. stressing nonstructural
measures such as flood plain zoning and flood proofing. and flood warning practices.
It is the policy of this state and the purpose of S<<tions 104.0 I to 104.07 not to prohibit
but to guide development of the flood plains ofthis state consistent with the enumerat-
ed legislative findings to provide state coordination and assistance to local governmen.
tal units in flood plain management, to encourale local governmental units to adopt.
enforce and administer sound flood plain management ordinances. and to provide the
commissioner of natural resources with authority necessary to carry out a flood plain
management program for the state and to coordinate federal, state, and local flood plain
management activities in this state.
Subd. 4. In furtherance of the policy stated in subdivision 3. the legjslature further
declares that flood plain management ordinances are to be given primary consideration
in the reduction of flood dam ale in Minnesota and that alternative methods for
reducinl flood damale may not be carried out before adoDtion of flood Dlain manale-
ment ordinances by local &overnmental units. Structural projects which have the
purpose of controUing floods are to be considered only as elements of a flood plain
management program.
History: 1969 c 590 s I; 1969 c 1/29 art 10 s 1; 1973 c 351 s I; 1973 c 4/2 s 10
j
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2325
nooD PUIN MANAGL\tENT .....3
1000.Ol DEFINITIONS.
Subdivision 1. Applicability. For the purposes of sections 104.01 to 104.07.
104. 10. and 104.11. the terms defined in this section have the meanings Jiven them.
Subd. 2. Rtlional Oood. "Regional flood- means a flood which is representative
oflarae floods known to have occurred generally in Minnesota and reasonably charac-
teristic of what can be expected to occur on an average frequency in the magnitude of
the 100 year recurrence inlerval.
Subd. 3. Floodplain. "Floodplain" means the areas adjoining a watercourse or
water basin which has been or hereafter may be covered by the regional flood.
Subd. 4. Floodway. "Floodway" means the channel of the watercourse. the bed
of water basins. and those portions of the adjoining floodplains which are reasonably
required to carry and discharge. and provide storage for the regional flood.
Subd. 5. Flood fringe. "Flood fringe" means that ponion of the floodplain outside
of the floodway.
Subd. 6. Local &o~ernmental unit or local government. "Local governmental unit-
or "local government" means a county, statutory or home rule chaner city, town,
watershed district. or lake improvement district.
Subd. 7. Commissioner. "Commissioner" means the commissioner of natural
resources.
Subd. 8. Srructul1ll flood management measures. "Structural flood management
measures" means physical actions taken to modify the behavior and extent of floods
and flooding. including the construction of dams. dikes. levees. flood bypass channels.
flood storage and retardation structures. and water level control structures, but exclud-
ing deepening or straightening of existing stream channels.
Subd. 9. ~onstructura1 flood management measures. "Nonstructural flood man-
agement measures" means actions in floodplains designed to reduce the damaging
effects of floods on existing and potential users of floodplains. without physically
altering the flood behavior. The measures include:
(I) public acquisition of floodplain lands;
(2) relocation of public and private structures and facilities;
(3) floodproofing of public and private facilities;
(4) installation and operatIon of flood warning systems and evacuation proce-
dures;
(5) adoption and enforcement ofland use control ordinances and building codes;
(6) installation of signs and other notifications in regional flood areas: and
(7) provision of flood insurance and public education.
Subd. 10. Mitigation. "Mitigation" means the act of alleviating the effects of
floods and flooding by moderating or reducing the severe damages resulting from floods
through structural and nonstructural flood management measures.
Subd. II. Mitigation measures. "Mitigation measures" means structural or
nonstructural flood management measures. or both.
Subd. 12. Water basin. "Water basin" has the meaning Jiven it by section 105.37,
subdivision 9.
History: /969 c 590 s 2; /969 c /129 art 3 s I; 1973 c 123 art 5 s 7; 1987 c 306 s 3
104.03 flOOD PI..AJNS; COMMISSIONER'S DlJI1F.S; USFS OF FLOOD PI..AJNS.
Subdivision I. The commissioner shall (a) collect and distribute information
relating to flooding and flood plain management; (b) coordinate local, state, and federal
flood plain management activities to the greatest extent possible. and to this end shall
encourage the United States army corps of engineers and the United States soil
conservation service to make their flood control planning data available to local
governmental units for planning purposes. in order to allow adequate local participa-
tion in the planning process and in the selection of desirable alternatives; (c) assist local
*
"\...
104.13 n.ooD PlAIN MANAGDlENT
2)26
lovernmental unils in their flood plain manaaement activities within the limits of
available appropriations and personnel in cooperation with the commissioner of trade
and economic d~velopment; (d) do all other thinp, within la~ul authority, which are
necessary or desIrable to manaae the flood plaIDS for beneficIal uses compatible with
the preservation of the capacity of the flood plain 10 carry and discharge the regional
flood. In cooperation with I~l governmental units, the commissioner shall conduct
whenever DOSSible, periodic inspections to detenntne the effectiveness of locaLflooci
plain management pro&rams, including an evaluation of the enforcement of and
comDliance with local flood plain management ordmances. .
Subd. 2. In places where the flood plain has been delineated by ordinance in the
manner required by sections 104.0 I to 104.07. no major alteration to a structure in
existence on the effective date of the ordinance. and no new fill. structure, deposit, or
other flood plain use that is unreasonably hazardous to the public or that unduly
restricts the capacity of the flood plain to carry and discharge the regional flood shall
be permitted after the effective date of the ordinance delineating the flood plains. As
used in this subdivision. major alterations of existing structures shall not include repair
or maintenance and shall not include repairs. maintenance or alterations to structures
made pursuant to the authority of any other authorized agency of the state or federal
aovernment and provided further that this subdivision shall not apply to alterations,
repair or maintenance reasonably done under emergency circumstances to preserve or
protect life or property. This subdivision applies to alterations to existing structures
and to Dew 6.l1, structures, deposits, or other flood plain uses by the state and its
agencies.
Subd. 2a. Amusement parks in Ooocl plaiDS. Amusement parks that exist before
a flood plain is delineated under this section are exempt from the requirements of
sections 104.03 to 104.07 if the amusement park continues to be used as an amusement
park within the amusement park boundaries. Notwithstandina any other law, the state
is not liable for any damage from flooding to an amusement park operating in a flood
plain under this subdivision.
Subd. 3. When emergency flood protection measures are constructed, the affected
local governmental unil shall submit to the commissioner a plan outlining their use as
a part of a future comprehensive flood emergency program. The plan shall be submit-
ted within the following time limits: As to those measures constructed before May 20,
1973, the plan shall be submitted within 120 days after May 20, 1973; as to those
measures constructed on or after May 20, 1973, within 120 days after construction.
The commissioner shall review the plan and, in so doing, shall consult with the state
office of civil defense and other state and federal agencies as appropriate. Following the
review, the commissioner shall accept, require modification, or reject the plan. If
required modiflcations are not made, or if the plan is rejected. the commissioner shall
order the removal of the emefiency protection measures.
History: 1969 c 590 s 3; 1973 c 351 s 2.3; 1981 c 356 s 1/3; 1983 c 289 s 115 subd
1; 1985 c 264 s 1; 1986 c 444; 1987 c 312 art 1 s 26 subd 2
104.04 FLOOD PLAIN MANAGEMENT ORDINANCES.
Subdivision 1. In accordance with the provisions of sections 104.0 I to 104.07. the
rules which the commissioner may Dromulpte pursuant to sections 104.01 to 104.07,
and applicable laws authorizing local governmental units to adopt flood plain man~~
ment ordinances. loca1lovernmental units shall adOPt, administer, and enforce flood
plain management ordinances, which shall include but not be limited to the delineation
offlood lainsandfloodwa s the rescrvationoftheca acit of the flood laintocarry
and discharae re&ionaJ floods. the minimization 0 ood hazards, and t e regu atlon ~--
the use of1~~d i':; tbe flood Dlain. The ordinances shall be based on adequate technical
data and comoetent enRineering advice and shall be consistent with local and~egi.9nal
comprehensive plannin,.
Subd. 2. No later than June 30, 1970, every local governmental unit shall submit
a letter of intent to comply with sections 104.01 to 104.07. on a form provided by the
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2321
n..ooD PWN MANAGEMENT IkM
commissioner including any existing flood plain management ordinances, to the com.
missioner for review. The letter of intent shall list the watercourses within the
boundaries of the local governmental unit in the order of the dqree of flood damage
potential associated with each watercourse and shall include a description of the type
of information that is available for each, such as high watermarks and topographic
maps.
Subd. 3. The commissioner, upon determining that sufficient technical informa.
tion is available for the delineation of flood plains and floodways on a watercourse, shall
notify affected local governmental units that this technical information is available.
Within six months after receivin this notice, each local overnmental unit shall
prepare or amend its flood plain management ordinance in con ormance with the
v'sions of sections 104.01 to 104.07 and shall submit the ordinance to the commis-
'oner for review and a roval before ado tion. The commISSIoner a approve or
rove the ro sed ordinance within 120 da sater receJVJn It. e pro
ordinance is disapproved, the commissioner shall return it to the ocal governmental
unit with a written statement of reasons for disapproval. Within 90 days thereafter,
the local governmental unit shall resubmit an amended proposed ordinance for further
review and approval before adoption. The local governmental unit shall adopt a flood
plain management ordinance within 90 days after approval by the commissioner. A
flood plain management ordinance adopted by a local governmental unit after June 30,
1970, is invalid unless it is approved by the commissioner. A local governmental unit
may adopt a flood plain management ordinance in the absence of notilication by the
commissioner that the required technical data is available, provided that any such
ordinance is submitted to the commissioner prior to its adoption for approval. Nothing
in sections 104.0 I to 104.07 limits the power of a local governmental unit or town to
adopt or continue in force a flood plain management ordinance which is more restric-
tive than that which may be required pu~uant to sections 104.01 to 104.07.
Subd. 4. Aood plain management ordinances may be amended by a local govern-
mental unit uoon the approval of the commis$.ionu..
Subd. 5. If a local R.overnmental unit fails to adopt a flood plain management
ordinance within the time allowed, the commissioner shall adapt an ordinance;. which
meets the minimum standards established pu~uant to section 104.05, to the local
.1I.0vernmental unit. The commissioner shall hold at least one public hearing on the
proposed ordinance in the manner provided in sections 394.26 or 462.357, as applica-
.ble. after livinl notice as provided in sections 394.26 or 462.357. The ordinance ~all
be effective for the local governmental unit on the date and in accordance wit~u~h
I1!les relating to comp!ianc.La5 the commissioner shallPrescribe. The ordinance shall
be enforttd as provided in sections 394.37 or 462.362. as applicable. The penalties
provided in sections 394.37 or 462.362 apply to violations of the ordinance so adopted
by the commissioner.
~ubd. 6. The cost incurred by the commissioner in adapting a flood plain manage-
ment ordin~nce to the localll.overnmental unit pu~uant to subdivision 5 sh~!J~-1l!i~
by the local governmental unit upon su~mi~si~EJQJ.he I~Lgo_ver:!!~e~t~!JJ!\lt of an
itemized statement of these costs by the commissioner. If the local governmental unit
fails to pay these costs within 90 days after the commiSSioner's statement is received.
the commissioner shall file a copy of the statement of these costs with the county
auditor within which the local governmental unit lies for collection by special tax levy.
The county auditor, upon receiving a statement from the commissioner, shall include
the amount of the state's claim in the tax levy for general revenue purposes of the local
governmental unit. Upon completion of the tax settlement following this levy, the
county treasurer shall remit the amount due to the state to the commissioner for deposit
in the state treasury.
History: 1969 c 590 s 4: 1973 c 351 s 4-6: 1985 c 248 s 70: 1986 c 444
104.05 RULES.
In the manner provided by chapter 14, the commissioner shall promulgate rules
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1M.15 nooo PLAJN MA1\lAGEMt:HT
2321
necessary to carry out the purposes of sections 104.01 to 104.07, includina bUtllOt
limited ~o the ~ollowing: (~) cnteria for detennining the flood plain uses which may
be pennltted without creallng an unreasonable pubhc hazard or unduly restrictina tbe
capacity of the flood plain to carry and discharae the regional flood; (b) variance
procedures; (c) the establishment of criteria for alternative or supplemental flood Plain
management measures such as flood proofing. subdivision rules. building codes, sani.
tary rules, and flood warning systems. Notwithstanding the provisions of any rules
promulgated pursuant to this section establishing a flood protection level higher than
the elevation of the regional flood. a loeaJ governmental unit may elect to adopt and
enforce a flood protection level at the elevation of the regional flood in its flood plain
ordinance.
History: 1969 c 590 s 5; 1979 c 253 s I: 1982 c 424 s 130; 1985 c 248 s 70
104.06 NECESSARY USE.
The commissioner in promulgating guidelines pursuant to section 104.05 and local
governmental units in preparing flood plain management ordinances shall give due
consideration to the needs of an industry whose business requires that it be located
within a flood plain.
History: /969 c 590 s 6
104.07 ENFORCEMENT AND PENAL TIFS.
Every structure. fill. deposit. or other flood plain use placed or maintained in the
flood plain in violation of a flood plain management ordinance adopted under or in
complianCe with the provisions of sections 104.0 I to 104.07 is a public nuisance and
the creation thereof may be enjoined and the maintenance thereof abated by an action
brought by the commissioner of natural resources or a local governmental unit. A
person who violates any of the provisions of sections 104.0 I to 104.07 is guilty of a
misdemeanor. Each day during which such violation exists is a separate offense.
History: /969 c 590 s 7; /969 c / /29 art 3 s /
104.08 FLOOD INSURANCE.
Subdivision I. It is the policy of the state of Minnesota that all local governmental
units sub"ect to recurrent floodin anici ate in the national flood insurance ro Jll,
blic Law Number 90-448. and acts amendatory thereof or supplemen!~ry the~t~,
so that the people of Minnesota may have the opponunityto indemnify themselves
fr~m fut~_r~Qood !()sses. throug.h the purchase of this insurance. ---- - -
SuM. 2. Within 90 dayS after May 20, 1973 the commissioner shall prepare a list
of local governmental units having areas subject to recurrendlOOd..-ngandShalf noi-ify
each local governmental unit included on the list of the findings. If a local government~l
~nJt objects to the commissioner~_tLn~il\g.s.J!._sh~D2\J_b"!iL~~idencesupponing its
Qbjections within ..5 days after recei.YjIlg Jh_e...com!lli1sioner's_!IQ1!ft.c~!i()_'l:.-The!.e~f!er
the com'!lissione.r shall. acceptor_reject the findin.JS_ oreach I~l go~~rnl1lental unit
submitting ~v.Ld~l\ce, shal!~~par~~_amended list_of local governmental units having
areas 5.lJbject to recurrent floodi!!l, an<L~aJL!1.otify .!~~h local governmental unit of its
inclusio..n on th.~ amen<1~d--.list.
SuM. 3. Within 120 days after receivina. notice of inclusion on the amended list.
each local Rovernmental unit shall apply for panicipation in tbe national flood insur-
ance provam in the manner prescribed by federal laws and regulations. '
History: 1973 c 351 s 7; 1986 c 444
104.10 STATE INVENTORY AND ASSESSMENT.
The commissioner shaJl conduct a statewide inventory and flood damage assess-
ment of flood prone structures and lands.
Hlstorr. 1987 c 306 s 4
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2329
fLOOD PLAIN !'ofANAGE!'ofEl'(f '''.15
lo.e.lI FLOOD HAZARD MmGATION GRANTS.
Subdivision 1. Grants luthoriu4. The commissioner may make vants to local
iovemments to:
(l) conduct floodplain damage reduction studies to determine the most feasible.
practical. and effective methods and programs for mitigating the damages due to
flooding within flood prone rural and urban areas and their watersheds; and
(2) plan or implement. or both. flood mitigation measures.
Subd. 2. Action on annt applications. (a) Upon receipt of a request for a grant
for less than $75.000 on forms provided by the commissioner, the commissioner shall
confer with the local government requesting the grant and may make a grant based on
the following considerations:
(l) the extent and effectiveness of mitigation measures already implemented by
the local government requesting the grant;
(2) the feasibility, practicality, and effectiveness of the proposed mitigation mea-
sures and the associated non flood related benefits and detriments;
(3) the level of grant assistance that should be provided to the local government.
based on available facts regarding the nature. extent. and severity of flood problems;
(4) the frequency of occurrence of severe flooding that has resulted in declaration
of the area as a flood disaster area by the president of the United States;
(5) the economic. social. and environmental benefits and detriments of the pro-
posed mitigation measures;
(6) whether the floodplain management ordinance or regulation adopted by the
local government meets the minimum standards established by the commissioner. the
degree of enforcement of the ordinance or regulation, and whether the local govern-
ment is complying with the ordinance or regulation;
(7) the degree to which the grant request is consistent with local water plans
developed under chapters 1108 and 112 and sections 473.875 to 473.883;
(8) the financial capability of the local government to solve its flood hazard
problems without financial assistance; and
(9) the estimated cost and method of financing of the proposed mitigation mea-
sures based on local money and federal and state financial assistance.
(b) If the amount of the grant requested is $75.000 or more. the commissioner
shall determine. under the considerations in paragraph (a). whether any part of the
grant shall be awarded and submit to the governor and the legislature for funding
consideration before each odd-numbered year a list of the grant requests or parts of
grant requests of $75.000 or more. The commissioner must prioritize the grant
requests. under the considerations in paragraph (a). beginning With the projects the
commissioner determines most deserving of financing.
(c) A grant may not exceed one-half the total cost of the proposed mitigation
measures.
(d) After July I. 1991. grants made under this section may be made to local
governments wbose grant requests are part of. or responsive to, a comprehensive local
water plan prepared under chapter 1108 or 112 or sections 473.875 to 473.883.
History: 1987 c 306 s 5
104.25 LOWER ST. CROIX WILD AND SCENIC RIVERS ACT OF 197~ STATE
RECOGNmON AND IMPLEMENTATION.
Subdivision 1. Findings; purpose. The lower St. Croix river. between the dam
near Taylors Falls and its confluence with the Mississippi river. constitutes a relatively
undeveloped scenic and recreational asset lying close to the largest densely populated
area of Minnesota. The preservation oftbis unique scenic and recreational asset is in
the public interest and will benefit the health and welfare of the citizens of Minnesota.
Tbe state of Minnesota therefore recognizes and concurs in the indusion of the lower
51. Croix river into the federal wild and scenic rivers system by tbe Lower St. Croix
FLOOD PLAIN MANAGEMENT
Informational Brochure No.2
Before
You Buy
Or Build In
The Flood Plain:
Prepared by
Minnesota Department of Natural Resources
Division of Waters
Land Use Management Section
Minnesota has approximately 95.000 miles of streams and rivers and over
10,000 lakes. These lakes and watercourses are confined within their banks
throughout most years. Periodically. these waterbodles reclaim the valley bot-
toms resulting in the flooding of low-lying lands. This flooding normally occurs
during heavy summer thunderstonns, or a combination of snowmelt and spr-
ing rains.
Hlstor1cally, people have developed these low-lying areas adjacent to lakes
and watercourses without taking the flood threat into account. The end result.
in Minnesota, 15 an average annual flood Joss of 60 mllUon dollars to private
stJUctures, (residential, commerdal, industrlal), government services (roads.
po.Ner plants. sewage treatment plants, etc.). and agricultural interests. There
are also indirect losses to the community due to flood prevention costs,
transportation detours, Joss of business, Joss of employment and loss of life.
Until the late 1960's, the primary method of redudng flood damage consisted
of building structural projects such as dikes, levees, and floodwalls. In spite of
these structural projects, average annual flood losses in Minnesota continued
to lncrease because of unwise flood plain development. To combat these
flood losses, the Minnesota Legislature enacted a comprehensive Aood Plain
Management Act in 1969. The Aood Plain Management Act states that the
policy of the state is to reduce flood damages prindpally through nonstruc-
tural methods such as flood plain zoning regulations, flood insurance, disaster
planning and flood warning systems.
In 1973, the Aood Plain Management Act was amended to Include a provt-
sion which requires Minnesota's flood-prone communities to partidpate In the
National Aood Insurance Program (NAP). With entry into the NAP, the peo-
ple of Minnesota have the opportunity to Insure themselves from future flood
losses through the purchase of flood Insurance. The Minnesota Department of
Natural Resources Is the State Coordinating Agency for the NAP.
2
One of the gools of a community flood plain management program Is to
educate the general public and local offidals about the potential risks to hIe
and property that exist In flood plain areas. flood plain management regula.
tlons and flood Insurance availability through the NAP should not be viewed
as a regulatory framework that encourages development In flood-prone areas.
The Ideal approach to flood plain management Is to avoid developing flood.
prone lands If at all possible. However, flood plain regulations are a regulatOlY
tool to provide for the wise use and development of flood plain areas when
development pressure occurs.
QUESTIONS AND ANSWERS
What I. "Flood Plain Management"?
"Rood Plain Management" means the operation of lln overall community
program of corrective and preventive measures for redudng flood damage.
These measures can Include (but are not limited to): emergency preparedness
plans, local zoning and subdivision regulations, building codes, flood In.
surance, flood warning systems, or structural projects, such as levees, dikes or
floodwalls.
What are "Flood Plain."?
Under Minnesota state law, the flood plain Is the land adjoining riven and
streams that will be Inundated by the l00-year frequency flood. Flood plaIns
can be relatively flat areas several miles wide, as along the Red River of the
North, or they may be vel)' narrow, as along small streams with steep banks.
3
What" the "Regulatory Flood ProtectloD Elevadoa"?
The "Regulatory Flood Protection Elevation" (RFPE) is the elevation to which
new structures and additions to existing structures In flood plain areas must be
elevated on ftll or flood proofed. The RFPE Is commonly deftned as the eleva-
tion of the lOO-year frequency flood (In feet above mean sea level datum) plus
one.foot of freeboard (safety factor) plus the stage Increase (rise In the 100-
year flood water surface elevation) caused by encroachment In the flood plain.
Where can I flnd out If . piece of property I. wlthla
the flood plain?
You can detennlne whether or not a piece of property Is l()('~tpd In a
designated flood area by checking VJ\th the local community's building or zon.
ing offldals (ask for the "Flood Hazard Boundary Map" or "Flood Insurance
Rate Map" published by the Federal Insurance Administration). These maps
are also avallable from the Regional offices of the Minnesota Department of
Natural Resources.
5
FLOOD PlAIN REGUlATIONS
ust be in com.
.-
The ufloodway zone" is a high hazard area adjacent to the ~1ream channel
whtch is considered the minimum area necessary to cany flood waters
downstream and is generally subject to faster flo..ving water velocities and
greater flood depths. Generally, open space uses (agriculture, residential lawn
areas. daytime recreational uses, nature areas, etc.) that do not require struc.
tures. fill or storage of materials or equipment are pennltted uses within the
floodway lone. Other uses that require fin, accessOl'Y structures to open space
uses, or the storage of materials or equipment may be pennlssible within a
floodway zone if the proposed activity does not cause an increase in flood
heights and adequate safeguards are taken to prevent flood damage.
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The "flood fringe zone" ls a IovJer-hazard area within the l00-year flood plain
outside of the floodway zone. It generally consists of flood storage and
backwater areas and is characterized by lower water depths and velocities than
the floodway lone. It \s usually on the outer part of the flood plain. Local units
of government may, if they so choose, allow new residential, commerdal and
Industrial structures or additions to existing structures within the flood frlnge
zone. This development must be properly elevated on fill or flood proofed to
the regulatory flood protection elevation.
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elEVATION ,
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In addition, most local ordinances specify a spedal administrative review
procedure (called a conditional use permit) for those activities which require:
1) fill. storage of materials or equipment, or accessory structures to open space
uses in the floodway district, or 2) flood proofing in lieu of elevating a building
on fill in the flood fringe district. Once it is determined that a proposed
development is located within the l00-year flood plain, the local building in-
spector or zoning administrator should be contacted immediately to deter-
mine if the proposed use Is permissible and what flood protection standards
must be met.
~-
7
FLOOD INSURANCE
The National Flood Insurance Program (NAP) Is admlnlstered by the Federal
Insurance Administration In Washington, D.C., and by the Federal Emergency
Management Agency's (FEMA) Regional Offices throughout the country. The
FEMA Regional Office for the State of Minnesota Is located In Chicago, 11-
hooCl. Flf\CXi Insurance Is available In those communities In Minnesota par.
UdpaUng In the NAP.
QUESTIONS AND ANSWERS*
What Is the National Flood Insurance Program?
It is a Federal program enabling property O\Vf"Iers to buy flood Insurance at a
reasonable cost. In return, communities carry out local flood plain manage-
ment measures to protect lives and new construction from future flooding.
Why I. the National Flood Insurance Program Impo....
tant to property owners and taxpayers?
For a reasonable cost, people purchasing or O\Vf"Ilng property In a flood plain
can Insure against flood losses. With local regulations of flood plains, new con-
struction wUl be better located and bullt to wlthstand flooding or be located In
an area wlthout flooding. As a result, taxpayers wlll not be required to provide
costly relief for flood disasters as often. The Federal Emergency Management
Agency (FEMA) estimated that by the year 2000, the flood Insurance program
will save the taxpayer and property O\Vf"Iers $1. 7 billion a year.
How Is the National Flood Insurance Program
structured?
A community qualifies for the Program In two separate phases - the
"Emergency" and "Regular" Programs. During the Initial Emergency phase,
limited amounts of flood Insurance becomes available to local property ow.
ners. A community's efforts to reduce flood losses are general, In many cases
guided only by preliminary flood data. The map FEMA provides the com-
munity at this stage is called a Flood Hazard Boundary Map and It outlines the
flood-prone areas wlthin the community. Subsidized rates are charged for all
structures regardless of their flood risk. Under the Regular Program, the full
limits of flood Insurance coverage become available locally. The premiums
charged for new construction vary according to Its exposure to flood damage.
A structure's exposure Is based upon the elevation at Its lowest floor above or
below the "10().year flood elevation". The community's flood plain manage-
ment efforts become more comprehensive: neo.>> buildings are elevated or
flood proofed above the lOO-year flood elevation. These building elevations
are derived from FEMA's dE'talled on-site engineering survey In the com-
munity. The community Is Issued a detailed map called a Aood Insurance
Rate Map which shO\.lJS flood elevations and risk zones used for Insurance
purposes.
8
Who may purcha.. a DoocIluuranu poUcy?
Any owner of property (a building or Its contents) located In a community par.
tidpating In the NAP. Under the program, tenants In eligible communities
may also Insure their personal property against flood loss.
How can people find out U they .... eUglble for flood
Insurance?
You can find out by checking with community offidals, local Insurance agents,
the Federal Emergency Management Agency (FEMA) or the State Coor-
dinating Agency. The FEMA toll.free number is 1-800-638-6620.
When t. flood Insurance requlred by law?
In order to get finandng to buy, build or Improve property located In the
FEMAldentified flood prone areas ("A" zone) In a community where flood In-
surance Is available, flood Insurance must be purchased. The law applies to
any mortgage loan, grant or other funding that In any way Is federally connec.
ted-either direct finandng from a Federal agency (FHA, VA loans, EPA
grants, etc.) or a conventional mortgage from a bank or savings and loan that
Is regulated or Insured by the Federal government. In short. flood Insurance Is
required If: 1) the community is partidpating In the flood Insurance program,
2) a FEMA flood map Is In effect for the community in question, 3) the im-
proved real estate which Is a security for the loan or the subject of a federally
Insured or guaranteed loan Is located In a FEMA designated, flood-prone
area, and 4) the finandng is through the Federal government or a federally-
connected lender.
What I. a State Coordinating Agency?
Each Governor has designated an agency of State government to coordinate
that State's flood Insurance program activities. These agendes assist com.
munlties In defining and adopting the Program's required flood plain manage-
ment measures. In Minnesota, the Department of Natural Resources Is the
State Coordinating Agency for the NAP.
How does one buy flood b..ar8nce?
If you are considering the purchase of property which is located within the
flood plain, your Insurance agent or broker can provide you with the cost and
availability of flood Insurance and Identify the kind of policy you require.
What type8 of properly can b. ....arecI agatut flood
lose?
Buildings and their contents only. Almost evety type of waDed and roofed
building that Is prindpally above ground can be Insured. Thls would include a
mobile home on a foundation. Also ebglble are the contents of a fully enclosed
building. .
9
What Idna of property are Dot I...arable andel' th.
Program?
Gas and hquld storngt' bm"c, '\rhllll'VeS, piers, bulkheads, growlng crops, shrub-
bery, land, livestock. roads, motor vehicles, etc. .
Can condollllnln.... be m.ared?
Yes. A condominium unit which Is a tradltioni'1 townhouse or rowhouse Is
considered for flood Insurance purposes as a stngle-famlly dwelling and the In-
dMdual units may be separately Insured. When the condominium unit Is
situated In other types of residential condominium structures, flood Insurance
on the Insurable Interest of the condominium owners' association should be
purchased through a general property flood Insurance policy. Also, Individual
condominium units In these other types of residential condominium structures
may be treated as slngle.famlly dwellings and unit owners may purchase In-
surance for their units.
What type. of IOSH. are covered?
All direct losses by "flood" are covered. "Flood" Is defined In the policy as a
general and temporary condition of partial or complete Inundation of nor-
mally dry land areas, from overflow of Inland or tidal waters. or from the un-
usual and rapid accumulation or runoff of surface waters from any source, or
from mudflQ\.VS. Mudflow Is a river or flO\N of "liquid mud" down a hillside. The
flood Insurance policy wtll not cover damage caused by a loss In progress.
What Ie a ...OS. In Pr0gre8."?
A "loss In progress" Is a situation where flood damage to a structure or Its con.
tents had started prior to Inception of the policy.
Are los.e. from .atel' .eepage, .ewer back-up 01'
hVdroetatlc pre..are covered?
Only when directly caused by a general condition of flooding.
How doe. one me . claim before Dood los.?
A polley holder reports the flood loss Immediately to his Insurance agent who
In turn notifies the Program's servicing agent. An adjustor Is then assigned to
the case. The toll.free number for reporting flood claims Is 1-800-638-6580.
Where can Insurance agenu, lenden and real utate
agenu go to get Dood plaiD map.?
Call FEMA toll free 1.800-638.6620. Insurance agents can also order In-
surance fonns and get assistance at this number In filling out Insurance fonns.
"-aken from: "Questions and Answers. National Flood Insurance Program",
published by Federal Emergency Management Agency, June 1980.
10 .
'The worit that prcMded the basts for this pubbcaUon was supported by funding under I
Cooperative Agreement \o\Ath the Federal Emergency Management Agency. The substance and
f\ndlngs of that work are dedicated to the pubbc. The author and publisher are solely responsible
for the occuracy of the statements and InterpretaUons contAined In th15 pubbCAltlon. Such inter'
pretatlons do not necessarily reflect the vtews of the Federal Government."
Department of Natural Resources
Regional Offices
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REGION 1
Rural Route 5. Box 41A
Bemidji. MN 56601
(218) 755-3973
REGION 2
1201 East Highway 2
Grand Rapids, MN 55744
(218) 326-1716
REGION 3
424 Front St., Box 648
Brainerd, MN 56401
(218) 828- 2605
REGION 4
Box 756, Hwy. 15 South
New Ulm, MN 56073
(507) 354-2196
REGION 5
2300 Silver Creek Road, N. E.
Rochester I MN 5590 1
(507) 285-7430
REGION 6
1200 Warner Road
St. Paul, MN 55106
(612) 296-7523
CENTRAL OFFICE
Centennial Office Building
Box 32
St. Paul, MN 55155
(612) 296-4800
11