In fiscal year 2003, the Department of Homeland Security’s Federal Emergency Management Agency (FEMA) initiated a Flood Map Modernization Program (FMMP). The goal of the national FMMP is to upgrade flood hazard data and mapping to create a more accurate digital product that will improve floodplain management across the country. By 2009, it is envisioned that digital flood hazard data will be available nationwide. This will be phased in over the course of several years, with priority given to areas of greater population, need, and ability to leverage resources.
Primary collaborators in the FMMP in New Hampshire are OEP and the Complex Systems Research Center (CSRC) at the University of New Hampshire, a current FEMA Cooperating Technical Partner (CTP) and host of the state’s GIS clearinghouse. CSRC has proven to be a nationwide leader in the FMMP. Both OEP and CSRC also work with the NH Bureau of Emergency Management (BEM) on the FMMP.
Status and Location of New Maps
New Hampshire is actively working with FEMA on the FMMP. Currently, four New Hampshire counties have received the new maps. The current status of the new maps for New Hampshire counties is the following:
- Belknap County – Currently no preliminary or final map dates have been proposed.
- Carroll County - Currently no preliminary or final map dates have been proposed.
- Cheshire County – Final Map became effective on May 23, 2006.
- Coos County – Currently no preliminary or final map dates have been proposed.
- GraftonCounty – Final map became effective on February 20, 2008.
- Hillsborough County – Preliminary map became available for review on June 24, 2005; Proposed final map effective date - to be determined; View Map Adoption Steps
- Merrimack County – Preliminary map became available for review on September 28, 2007; Proposed Final Map Effective Date in early 2009; View Map Adoption Steps
- Rockingham County – Final Map became effective on May 17, 2005
- Strafford County – Final Map became effective on May 17, 2005
- Sullivan County – Final Map became effective on May 23, 2006
The preliminary and final Flood Insurance Rate Maps (FIRM) and Flood Insurance Studies (FIS) are available by clicking on the following web site links:
Appeals and Protests of New NFIP Maps
The following is a summary of the process to appeal new NFIP Maps. For more detailed information, please view FEMA’s Appeals and Protests to National Flood Insurance Program Maps.
- If applicable, FEMA sends a certified return receipt letter to the chief executive official (CEO) of a community informing the community of the new base flood elevations and information about the appeal process. FEMA then publishes two notices of the proposed base flood elevation determination in local area newspaper(s) and in the Federal Register. The 90-day appeal period begins after the 2nd notice is published.
- An appeal must include scientific or technical data that tend to negate or contradict the proposed flood elevation findings.
- Appeals by citizens shall be submitted to the CEO of the community for review and determination if the scientific or technical grounds for an appeal warrants forwarding the appeal to FEMA.
- Any and all appeals by citizens or the community received within 90 days must be resolved, before the next step.
- The FEMA Administrator shall resolve such appeals by consultation with local officials, or by administrative hearings, or by submission of the contradictory data to an independent scientific body or appropriate Federal agency.
- After 90 days and after all appeals are resolved, FEMA will issue a Letter of Final Determination.
- Within 60 days of a Final Determination, an appeal may be filed with the US District Court.
Required Adoption of New Maps by Municipalities
Municipalities are required to adopt the new Flood Insurance Rate Maps (FIRMs) once FEMA issues an effective date. Adoption of the maps must take place after this determination but before the effective date of the maps in order to continue participation in the NFIP.
Recent legislation now allows the governing body (i.e. Board of Selectmen) to adopt the new maps. [674:57] Prior to this legislation, only the legislative body (i.e. town meeting) could adopt the maps, usually as a zoning ordinance amendment. Any other zoning ordinance amendments still must follow the zoning amendment process and be approved by the legislative body.
To assist municipalities in the adoption of the new maps, OEP has developed sample language. FEMA will notify each municipality of the effective dates to be inserted in this language. OEP will also remind the municipality through a phone call or letter when the date is released. At that time, the municipality will need to adopt the maps. OEP recommends that municipalities consult with their legal counsel prior to using the following suggested language.
Pursuant to RSA 674:57, by resolution of the (Insert Governing Body Here), all lands designated as special flood hazard areas by the Federal Emergency Management Agency (FEMA) in its "Flood Insurance Study for the County of (Insert County Name Here), NH" dated (Insert Final Map Effective Date Here), together with the associated Flood Insurance Rate Maps dated (Insert Final Map Effective Date Here) are declared to be part of the (Insert Name of Your Ordinance Here) and are hereby incorporated by reference.
Once this resolution passes, the municipality should make sure that this language appears in the appropriate floodplain development or zoning ordinance. Prior to the effective date of the maps, FEMA will request a copy of your municipality’s updated ordinance, which needs to include the revised map date and study.
Floodplain Ordinance Compliance Review
As part of the national effort to update the FIRMs, OEP must conduct a compliance review of municipal floodplain ordinances as required by FEMA to ensure consistency between the local ordinances and requirements of the NFIP. As a result, OEP will make recommendations to some municipalities for amendments to their floodplain ordinances. Affected municipalities will need to adopt these revisions prior to the effective date of the new maps in order to continue participating in the NFIP. Important deadlines for notices and warrants are available from OEP.
Consistent with RSA 675:3 (for cities or for towns with councils, see RSA 675:2), the planning board will need to hold a public hearing on the proposed changes to your ordinance, but it is recommended that all of the changes be combined into a single warrant article for action by the voters at the annual town meeting. The question presented to the voters can be simple and direct, and does not need to include the text of the amendments themselves. The following is a sample question that may be used:
"Are you in favor of the adoption of Amendment No. ___ as proposed by the planning board for the town zoning ordinance as follows: amend the floodplain ordinance as necessary to comply with requirements of the National Flood Insurance Program?"
The format to use should be similar to above, but does not need to be identical. The purpose of the question is to inform the voters, but with the understanding that the public will have already had an opportunity to participate in the planning board’s public hearing, at which time the actual content of the changes would have been discussed. |
