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Flood Insurance Question Update:LOMA Granted by Fema
Posted on 12/12/17 at 12:23 pm
Posted on 12/12/17 at 12:23 pm
I asked this on the OT with predictably mixed results, so I thought this might be a more suitable place for this...
Anywho, the wife and I are looking at a property that has a lowest adjacent grade 1 foot above the Base Flood Elevation (BFE), but is currently in zone AE because the owner hasnt filed for a map amendment through FEMA. The house has a basement floor 3 feet below BFE.
Hoe difficuly will it be to file a successful LOMA for this property?
My line of thought here is that a house shouldnt be determining if a property is or isnt in a flood zone- that should be determined through the elevation of the surrounding land.
What are the MT's thoughts?
Thanks in advance
.
Update: LOMA granted!
Anywho, the wife and I are looking at a property that has a lowest adjacent grade 1 foot above the Base Flood Elevation (BFE), but is currently in zone AE because the owner hasnt filed for a map amendment through FEMA. The house has a basement floor 3 feet below BFE.
Hoe difficuly will it be to file a successful LOMA for this property?
My line of thought here is that a house shouldnt be determining if a property is or isnt in a flood zone- that should be determined through the elevation of the surrounding land.
What are the MT's thoughts?
Thanks in advance
. Update: LOMA granted!
This post was edited on 2/16/18 at 8:33 am
1
Posted on 12/12/17 at 2:40 pm to NYNolaguy1
quote:
My line of thought here is that a house shouldnt be determining if a property is or isnt in a flood zone- that should be determined through the elevation of the surrounding land.
If it floods in your area, the surrounding high land will be high and dry but if the lowest floor of your home (basement included) is 3 feet below BFE, your basement will flood. Your home will probably eventually flood, as well. You're in AE - it's going to be difficult to get a LOMA.
FEMA will not be willing to budge much in your situation.
The elevation of your HOME has everything to do with whether or not your HOME will flood. Your basement is part of your home. The surrounding land, whether it's higher or lower than your home, has very little to do with your home's flood risk.
This post was edited on 12/12/17 at 2:43 pm
Posted on 12/12/17 at 3:30 pm to TDsngumbo
quote:
If it floods in your area, the surrounding high land will be high and dry but if the lowest floor of your home (basement included) is 3 feet below BFE, your basement will flood. Your home will probably eventually flood, as well. You're in AE - it's going to be difficult to get a LOMA.
FEMA will not be willing to budge much in your situation.
The elevation of your HOME has everything to do with whether or not your HOME will flood. Your basement is part of your home. The surrounding land, whether it's higher or lower than your home, has very little to do with your home's flood risk.
Thanks for responding. The area was only recently designated a floodzone magically by FEMA, and a large number of our possibly future neighbors have successfully gotten approved LOMA's. Also, because the property is Pre-FIRM, it seems like the the form we would use to apply (FEMA MT-EZ) only asks for lowest adjacent grade, not lowest floor elevation. Thats what got me wondering about it.
Also, my other thought was if the flood water above grade never touches the house, how could water get in?
This post was edited on 12/12/17 at 3:33 pm
Posted on 12/12/17 at 5:41 pm to NYNolaguy1
FEMA doesn’t magically decide. FEMA uses these tools called FIRM’s which come from these things called FIS...
Flood Insurance Rate Maps
Flood Insurance Studies
Tell me which of these included the acronym FEMA.
Now to your question: If the municipality your home resides has a permit official worth a crap they will let you know up front that you will not get a LOMA based on what FEMA states are it’s requirements and definitions of, “Lowest Floor.”
FEMA-Lowest Floor Definition
Page 2 has the relevant text and guidance for your use case.
Flood Insurance Rate Maps
Flood Insurance Studies
Tell me which of these included the acronym FEMA.
Now to your question: If the municipality your home resides has a permit official worth a crap they will let you know up front that you will not get a LOMA based on what FEMA states are it’s requirements and definitions of, “Lowest Floor.”
quote:
The floor of a basement (where “basement” means the floor is below grade on all sides) will always be the lowest floor, regardless of how the space is used. Basements are prohibited from being constructed in V Zones and A Zones un-less the basement is elevated to or above the flood elevation or a basement exception has been granted.
FEMA-Lowest Floor Definition
Page 2 has the relevant text and guidance for your use case.
This post was edited on 12/12/17 at 5:44 pm
Posted on 12/12/17 at 9:47 pm to GFunk
quote:
Page 2 has the relevant text and guidance for your use case.
Again, thanks for the feedback. The building we are interested in is existing construction (1955), not new, is no where near a coast and was built prior to any FIRM maps. As it is pre-FIRM, any fill placed prior to FIRM maps would be considered natural, correct?
The more information I look at online the more "clear as mud" this seems to get. Shortly after I read your link, I found this below...
quote:
Eligible for LOMA, even if the structure has a basement, if the Lowest Adjacent Grade (LAG) is higher than the Base Flood Elevation (BFE). Only eligible if no fill has been placed after the first FEMA floodplain map showing that site in a floodplain.
LINK
Obviously this is for Minnesota (not NY), but is there that much difference between states? After reading your link and reading this I feel like this line of work is all over the place (which I guess goes for flood insurance in general
).Posted on 12/12/17 at 10:46 pm to NYNolaguy1
FEMA/NFIP Guidelines re: BFE/FFE (or Lowest Floor Designations) are interpreted so that whichever guidance is more restrictive (FEMA, State or Local ordinance, etc) is the one used for code enforcement.
In other words, if they do a site visit to check for compliance and you’re adhering to FEMA’s guidance but the local ordinance is stricter, you’re out of compliance. Likewise if local ordinance is lax compared to that of FEMA is...well...what I just showed you, again you’re out of compliance.
It’s going to be a really long shot in getting a LOMA. Something tells me you haven’t spoken to the local county permit official about this...and while I’d ordinarily wonder why, i think I know in this instance.
In other words, if they do a site visit to check for compliance and you’re adhering to FEMA’s guidance but the local ordinance is stricter, you’re out of compliance. Likewise if local ordinance is lax compared to that of FEMA is...well...what I just showed you, again you’re out of compliance.
It’s going to be a really long shot in getting a LOMA. Something tells me you haven’t spoken to the local county permit official about this...and while I’d ordinarily wonder why, i think I know in this instance.
This post was edited on 12/12/17 at 10:48 pm
Posted on 2/16/18 at 8:31 am to GFunk
So I got word from our surveyor that we were granted a LOMA for removing the structure from zone AE to Zone X.
I have asked our lender for a waiver to remove the requirement that we carry flood insurance on the property.
What are the next steps to take here?
I have asked our lender for a waiver to remove the requirement that we carry flood insurance on the property.
What are the next steps to take here?
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