Before a homeowner begins repair on flood damage to her property, she must
determine the location of her property on the FIRM map. The FIRM map provides the contours for the Special Flood Hazard Area (SFHA). The SFHA is the “floodplain,” i.e., the area that is subject to a 1% probability of a certain level of flooding over the course of 100 years. Within the SFHA, subzones are also delineated to demonstrate greater degrees of hazard.
If the property is not in the floodplain, the homeowner need only see her local
Zoning Administrator to obtain any permits necessary to repair the home (permits may also be required from ANR for repairs to septic systems or DPS for electrical systems), as discussed above. Even if the waterway adjacent to the homeowner’s property has shifted course such that it has rerouted itself within a yard of the client’s back door, the FIRM map will likely to take years to change, so the homeowner will not be required to comply with regulations affecting properties in the SFHA.
If the home is in a floodplain, the homeowner should request a substantial damage
determination by the local zoning administrator (ZA). “Substantial damage,” as defined by 44 CFR 59.1, means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. If the ZA determines that the structure was not substantially damaged, the homeowner need only obtain the standard permits required by the town and State and may begin repairs. If the property is determined to be substantially damaged, repair work will be required to comply with the locality’s flood hazard regulations, which can create a significant financial burden for the client.
The Substantial Damage Calculation The substantial damage determination is made based on the FEMA formula
described above: IF cost to repair ÷ market value of building ≥ 50%, THEN damage = substantial Market value is the price a willing buyer would pay for the structure alone, prior
to the disaster, reflecting the structure’s quality, the age of the building components, and so forth. The location of the structure also influences the value of the structure even though the value of the land itself is not included in the calculation. The cost to repair the structure is calculated for full repair to the building’s before-damage condition, even if the owner elects to do less. It must also include the cost of any improvements that the owner opts to include during the repair project. Thus, because the formula is based on “cost to repair,” not “cost of repairs,” savings to the owner from doing work herself, obtaining donated materials or time, or forgoing repairs will not affect the substantial damage determination.
Once a structure has been determined to be substantially damaged, the owner must comply with flood hazard regulations pertinent to the special flood hazard zone
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