Current Info: 

 

Wed Jan 4 2006 - Latest FEMA Flood Insurance Rate Map (FIRM) Determinations

 

The preliminary maps as proposed by FEMA clearly show that Riverpark Place is to be located in an area with the most restrictive classification (Floodway AE). A small excerpt of the map can be seen HERE. A large master version can be seen HERE. (This is a large PDF file)

 

Some of the federal regulations of NFIP minimum floodplain management requirements are cited here along with this Webmasters comments:

 

FROM CFR 44 - EMERGENCY MANAGEMENT AND ASSISTANCE - This contains regulations for the FEMA National Flood Insurance Program: Parts 59, 60, 65 and 70.

 

PART 59 -- GENERAL PROVISIONS

 

Subpart B – Eligibility Requirements

Section  59.24 Suspension of community eligibility

 

(d) A community eligible for the sale of flood insurance which repeals its flood plain management regulations, allows its regulations to lapse, or amends its regulations so that they no longer meet the minimum requirements set forth in §§ 60.3, 60.4 and/or 60.5 shall be suspended from the Program... The community eligibility shall remain terminated after suspension until copies of adequate flood plain management regulations have been received and approved by the Administrator.

Due to the especially severe flood hazard in Louisville, the criteria contained in the  Louisville Metro Floodplain Ordinance (enacted 8/29/05) is more stringent than the minimum NFIP requirements. We believe recent unilateral local regulatory variance of these restrictions to accommodate this development has resulted in an elevated risk of repetitive flood loss, greater danger to the public, and the possibility of higher flood insurance premiums being eventually imposed on the citizens of Louisville Metro. 

 

PART 60 -- CRITERIA FOR LAND MANAGEMENT AND USE

 

Subpart A –Requirements for Flood Plain Management Regulations

Section 60.3 Flood plain management criteria for flood prone areas

 

(c) When the Administrator has provided a notice of final flood elevations for one or more special flood hazard areas on the community's FIRM and, if appropriate, has designated other special flood hazard areas without base flood elevations on the community's FIRM, but has not identified a regulatory floodway or coastal high hazard area, the community shall:

 

(c)(2) Require that all new construction and substantial improvements of residential structures within Zones A1-30, AE and AH zones on the community's FIRM have the lowest floor (including basement) elevated to or above the base flood level, unless the community is granted an exception by the Administrator for the allowance of basements in accordance with § 60.6(b) or (c);

As explained in FEMA Technical Bulletin 6-93, "Under the NFIP, a below-grade parking garage is considered a basement if it is below grade on all sides. Therefore, the construction of below- grade parking garages is prohibited beneath residential buildings in Zones A1-A30, AE, and AH."

 

This is precisely what is planned for Riverpark Place.

 

(d) When the Administrator has provided a notice of final base flood elevations within Zones A1-30 and/or AE on the community's FIRM and, if appropriate, has designated AO zones, AH zones, A99 zones, and A zones on the community's FIRM, and has provided data from which the community shall designate its regulatory floodway, the community shall:

 

(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;

Since the proposed development will effectively displace a huge portion of the floodplain  at the apex of the alluvial fan formed by The Beargrass Creek Watershed, some believe this encroachment could affect flood levels and/or duration for a huge portion of Louisville Metro. see Beargrass Creek Watershed Map 

 

Section 60.6 - Variances and Exceptions

 

(a)(1) Variances shall not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result;

 

(a)(3)Variances shall only be issued by a community upon (i) a showing of sufficient cause, (ii) a determination that failure to grant a variance would cause exceptional hardship to the applicant, and (iii) a determination that granting variance will not result in increased flood heights, additional threats to safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing local laws or ordinances;

As mentioned above, there are provisions whereas a community may apply to the Administrator of The NFIP for a variance to allow non-compliant construction. The criteria for this variance is severely prohibitive to discourage the type of construction proposed. In any case, a variance does not lower the extremely high insurance premiums for structures in an AE zone. 

 

A good source for information on this issue can be found in the FEMA Flood Insurance Manual. 

 

FROM THE USACE STATUTORY, ADMINISTRATIVE, AND JUDICIAL MATERIAL

 

33 CFR Part 320  - Regulatory Program Regulations

 

Section 320.4  - General policies for evaluating permit applications 

(l) Floodplain management... (3) In accordance with Executive Order 11988, the district engineer should avoid authorizing floodplain developments whenever practicable alternatives exist outside the floodplain. If there are no such practicable alternatives, the district engineer shall consider, as a means of mitigation, alternatives within the floodplain which will lessen any significant adverse impact to the floodplain.

As the lead regulatory agency in the local floodplain construction permitting process, Metropolitan Sewer District must consider the applicable local, state, and federal regulations. Besides the examples given here, there are numerous other prohibitions and requirements including common vehicular access and availability of emergency services during a base flood to flood proofing all below grade infrastructure. We believe The Corps of Engineers simply can not grant a permit for Riverpark Place as the current design amounts to regulatory poster child for what not to build in a floodway.