Irene, many towns have either adopted or amended their regulations regarding construction of improvements in a flood plain.
When conferring with town officers, be sure to indicate that the work is being
done to replace existing improvements. Some regulations impose fewer requirements when the work is being done to repair or replace existing improvements.
Along with requiring a permit before commencing work on your property, town
regulations might also require an inspection or other certification after the work is complete. Check with the person that issued the permit to determine what post- construction inspections or certifications may be required.
Verifying that a property owner has obtained all applicable permits is a key step
in making the repairs. If a property owner does work on his property without the proper permits, he may create a title problem. The law in Vermont presently holds that not having the proper municipal permits for work done on the property creates an encumbrance on the title that can only be resolved by obtaining the proper permits. Further, the homeowner may also incur fines for violation of the municipal ordinances requiring work permits or be required to restore the property to its condition prior to initiation of the repairs.
Special Permitting Issues for Property Owners in the Flood Plain The National Flood Insurance Program was developed in 1968 in order to
establish an insurance program as an alternative to disaster relief, to distribute responsibility for floodplain management to all levels of government and the private sector, to set a national standard for regulating new development and repairs following a disaster in floodplains, and to create a comprehensive floodplain map for the entire country. FEMA has created a Flood Insurance Rate Map (FIRM) of the entire State. The FIRM will show where your client’s property lays within floodplain boundaries and flood zones, as well as showing the base flood elevation in flood hazard areas. Many areas of Vermont are currently having their FIRM maps updated after river courses shifted during Irene.
Most communities in Vermont participate in the National Flood Insurance
Program. By participating in the program, a community’s residents are able to obtain flood insurance for their properties, but the community must also require residents to follow various floodplain management regulations, ordinances, and permitting schemes. See 44 CFR 59.22. The Stafford Act sets certain minimum criteria that must be satisfied for a community to be able to participate in NFIP, but most participating communities in Vermont have developed more stringent standards. Thus, to appropriately advise a client with a damaged home in a floodplain, the advocate must look into the locality’s flood hazard regulations.
Applicability of Flood Hazard Regulations 44
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