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<br />Chapter 5 <br />Conditional Map Revisions <br /> <br />Background <br /> <br />Communities, regional agencies, developers <br />and individual property owners often undertak~ <br />floodplain modifications intended to reduce the <br />flood risk in specific areas. Such modifications <br />can range in scope from the simple placement of <br />fill to large-scale flood protection projects. <br />Before proceeding with such modifications, <br />those who propose them often wish to receive <br />some assurance from FEMA that the <br />modifications may eventually be credited with <br />providing flood protection under the NFIP. <br /> <br />In carrying out their responsibilities under the <br />NFIP, community officials may wish FEMA to <br />verify that such modifications will not aggravate <br />existing flood hazards. In addition, developers <br />and property owners who intend to construct <br />buildings in or near an SFHA usually must prove <br />to lending institutions and local officials that the <br />placement of fill or other modifications will <br />ensure that after the buildings are constructed <br />they will not be within the SFHA. ' <br /> <br />It has become common practice for persons who <br />are planning to undertake floodplain <br />modifications to submit design plans and other <br />engineering data to FEMA and request that <br />FEMA review them. FEMA responses to such <br />requests are to provide omments concerning <br />changes that may eventually be made to the <br />effective NFIP map and are called Conditional <br />Letters of Map Revision (CLOMRs). <br /> <br />For communities that propose floodplain <br />modifications, requesting Conditional Map <br />Hevlslons IS not only prudent but, in some <br />Circumstances, required by the NFIP regulations <br />(Section 6S.12). When a participating <br />community proposes to permit an encroachment <br />into a 100-year floodplain where no floodway <br />has been established, and the encroachment will <br />cause a rise of more than 1.0 foot in the BFE, the <br />community must first obtain FEMA's conditional <br />approval of the proposed encroachment under <br />the conditional map revision process. <br /> <br />Similarly, the community must also obtain <br />conditional approval from FEMA before <br />permitting an <br /> <br />encroachment into a regulatory floodway that <br />could cause any rise in the BFE. (The data that <br />the community must provide to obtain FEMA's <br />conditional approval for such proposed <br />encroachments are described in the section of <br />this chapter entitled "Required Supporting Data <br />and General Technical Guidance. ") <br /> <br />With the exception of the federally funded <br />flood protection systems discussed in Chapter 4, <br />floodplain modifications that have not been <br />completed do not warrant revisions to effective <br />NFIP maps. Therefore, CLOMRs, unlike map <br />reVISions, do not actually revise an effective NFIP <br />map. In the conditional map revision process, as <br />In the map revision process, FEMA will generally <br />not Issue a CLOMR unless the proposed <br />modifications involve changes to 100-year flood <br />hazard information. <br /> <br />The number of requests for conditional <br />determinations has grown steadily through the <br />years and, consequently, so has the amount of <br />time devoted by FEMA staff to making such <br />determinations. To recoup the costs involved in <br />evaluating proposed floodplain modifications <br />many of which are never actually completed: <br />FEMA has found it necessary to charge fees for <br />conditional determinations. A list of those fees <br />can be found in Section 72.3 of the NFIP <br />regulations. <br /> <br />How To Request a Conditional <br />Map Revision <br /> <br />A Conditional Map Revision may be requested at <br />any time, either by a community or a private <br />party. Because the CEO of the community is <br />responsible for ensuring that the community <br />meets Its obligations as a participant in the NFIP, <br />either the CEO or a community official <br />designated by the CEO (e.g., floodplain <br />administrator, city planner, or city engineer) <br />should be aware of proposed floodplain <br />modifications that could eventually affect <br />flooding conditions within the community <br /> <br />31 <br />