Missing language from Florida Model Floodplain Ordinance
Scott Fraser
----------------------------------------------------------------------
Scott,
here is the language for 44 CFR Section 60.3(a)(2) that must be
included in your ordinance and in all NFIP ordinances:
...the community shall “review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by Federal or State law, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.”
Thanks for pointing out to us that the State of Florida model ordinance omits this language.
----------------------------------------------------------------------
Scott
Scott Fraser
FEMA Coordinator/Floodplain Administrator
305-809-3810 o.
305-923-4964 c.
sfr...@keywestcity.com
Mike Gambino
My copy of the model ordinance dated April 2005 comes close, please see the following excerpts from that ord
(3) Advise permittee that additional Federal, State of Florida, or local permits may be required, and if such additional permits are necessary, especially as it relates to Chapters 161.053; 320.8249; 320.8359; 373.036; 380.05; 381.0065, and 553, Part IV, Florida Statutes, require that copies of such permits be provided and maintained on file with the development permit; (Duties of the Administrator, page 12)
And…
(11) All applicable additional Federal, State of Florida, and local permits shall be obtained and submitted to the Floodplain Administrator. Copies of such permits shall be maintained on file with the development permit. State of Florida permits may include, but not be limited to the following:
(a) {_______} Florida Water Management District(s): in accordance with Chapter 373.036 Florida Statutes, Section (2)(a) – Flood Protection and Floodplain Management.
(b) Department of Community Affairs: in accordance with Chapter 380.05 F.S. Areas of Critical State Concern, and Chapter 553, Part IV F.S., Florida Building Code.
(c) Department of Health: in accordance with Chapter 381.0065 F.S. Onsite Sewage Treatment and Disposal Systems.
(d) Department of Environmental Protection, Coastal Construction Control Line: in accordance with Chapter 161.053 F.S. Coastal Construction and Excavation.
Page 13 of the same model ordinance.
Can I ask who quoted that provision as being required to be in the FPM ordinance?
M. Gambino, CFM
Floodplain Administrator
City of Miami Gardens
Public Works Dept.
1050 NW 163 Drive
Miami Gardens, Fl. 33169
Tel. 305.622.8039
Email: mgam...@miamigardens-fl.gov
Scott Fraser
Our existing city ordinance is very outdated, so I'm trying to merge the Florida FPM and the wildlife settlement language and get both updated in one pass. In addition to that merge, this 60.3(a)(2) language must also be included. I guess the folks weren't aware this language wasn't already in the FPM.
We're talking about FEMA & USWL service.
History synopsis: A few wildlife organizations sued FEMA, claiming that by issuing flood insurance policies in sensitive areas, it was party to encouraging adverse impact upon certain wildlife. A settlement was reached, and some 20,000 or so properties were initially identified as being excluded from obtaining NFIP policies (and by default construction loans), absent certain local reviews for sensitive wildlife.
All the municipal entities within the county have to adopt this language by Jan. 12, 1012.
I haven't yet fully digested this whole thing, but that's the gist of it.
Scott
Scott Fraser
FEMA Coordinator/Floodplain Administrator
305-809-3810 o.
305-923-4964 c.
sfr...@keywestcity.com