I have a client who asked me to prepare an Elevation Cert based on construction drawings. As part of my research, i discovered that half the building would be in the floodway. The bulding will be above the BFE when completed. I told the client that I did not think the county would allow building in the floodway, nor would you likely be able to get flood insurance on the building. He checked with the county and they told him as long as he met the freeboard elevation, he could build. The county has a floodplain ordinance but apparently no one is enforcing it. I prepared the EC and noted the building in the floodway in the comments. I emailed the client and noted the building/floodway problems. I am concerned that somewhere along the line they will shut this construction down or finance will fall through and someone will look to me for money. any advice on how to best to cover my behind and/or possible help for the client. Note that there are about 50 homes in the floodway in this area with both houses on either side also in the floodway. The floodzone is AE..any advice is greatly appreciated.
The county has a floodplain ordinance but apparently no one is enforcing it.
If you know the County has an ordinance and you want to help your client, why not pass this information on to him or submit it with the FEC?
yes of course. I emailed him a copy of the ordinance as well. thanks
After your EC, a CLOMAF should be filed by the owner and approved prior to construction. After construction a LOMAF of the asbuilt is to be filed.
No where, that I have ever worked, would allow the construction in a regulatory floodway, without a complete a new study performed to support it. This study would most likely be passed on by the local community to FEMA for their review and concurrence.
I would inform the client of the floodway issue, give him the EC for proposed construction, and as mentioned, explain the proposed building and floodway location in the comments section. You should be covered.
Stupid people do stupid things
The first big flood that causes damage in excess of what might be expected may lead to a lawsuit against those blocking the floodway and anyone else even remotely involved. CYA every way possible.
Stupid people do stupid things
You can build in a floodway, but will have to do a hydraulic analysis and mitigate the water offset.....
If FEMA catches the lack of enforcement of the FEMA regs the community could lose their program. Research floodways building on FEMA site and make the call. The client should be very aware in writing the risk he is taking by ignoring your advice.
Freeboard is for Flood plain not floodway. If there is a building up stream he may be able to put his building in the "Shadow"...
Lots of..... when building in floodways or plains....
