I filed for a LOMA on behalf of a client I did an el-cert for in a Zone A (No BFE). To me, it looked like natural grade around the house, but FEMA is questioning how the BFE was determined and whether the property was filled (because the LAG is 5' above the community determined BFE).
To further complicate it, when the house was built (1995), the property was a Zone X. In 2003, they remapped and called it an unnumbered Zone A.
FEMA seems to be going the route that if fill was brought in (even if it was prior to 2003), then the home owner needs to pay $425 for a LOMA-F. My point would be that if the property was originally a Zone X at the time of construction, and the 2003 map is in error by 5', then why should the home owner pay to "fix" their remapping mistake?
Do I have a point here, or am I being hard headed?
Jumping past the question of changing maps etc. If the client spends the $425 and gets the house removed from the "Flood Zone" how many thousands of dollars in insurance premiums will he avoid going forward. Sometimes appeasing a bureaucracy is the best service to the client.
You can never appease a bureaucracy. The best you can hope for is to find one wishy-washy bureaucrat who really doesn't care any more.
Yeah, I agree, I haven't broken the news to them yet but after looking into this I think my first course of action should be to provide FEMA with the additional information they are requesting and an explanation of the timeline and why I don't think the LOMA-F fee should apply to these clients, since it's basically a remapping mistake. I'm sure if that fails, they'll pay the $425 to get this through.
A larger issue is that this neighborhood has about 30+ houses in the same boat, and should probably apply for a multi lot LOMA or LOMA-F. I think I'm going to advise to the client to contact the HOA and see if they will share the cost of a multi-lot LOMA.
This is from page 6 of the instructions for the MT-1 form "Fill that is placed before the date of the first National Flood Insurance Program (NFIP) map showing the area in a Special Flood Hazard Area is considered natural grade."
I found this last year when I had a project where I was certain that fill had been placed but couldn't determine the year let alone the month that the fill had been placed. I had spent a considerable amount of time contacting everyone from the developer of the business park, the previous owner of the lot I was working on, and everyone in the local county government that might have records or plans that would help narrow down the time frame and came up empty.
The current 2007 FIRM for the site showed an area of Zone AE and shaded Zone X backing up from a large nearby creek into my site. Looking at the quad map of the area and older GIS topos prior to the development of my site I was certain that the site had been filled and therefore a LOMR-F would be required. Also, the previous FIRM map was from 1983 and I knew that a detailed study had been done for this creek at that time, so I assumed that the older map would be nearly identical to the current map. After I ran into a wall on documentation for the date of fill placement I checked the older FIRM map in desperation and got a pleasant surprise.
My project was completely clear of the flood zone on the 1983 map and my project was completed in 2005 so I could easily prove that any fill was placed prior to the 2007 FIRM map and thus could consider it natural grade. I double checked with the local flood plain manager then submitted mine as a LOMA and checked the box indicating that no fill had been placed. In my case it went through with no issues.
I would point out the quoted language above along with a timeline of when the house was built vs. when the FIRM map changed to show the lot in a flood zone and see if they relent.
Awesome, thanks a million. That's exactly what I need to quote in my reply! I'll submit the 1983 FIRM, too, which shows the property outside of a flood zone. Beer Leg Rocks!
After looking into this a bit more I see that a LOMA-F was recently issued nearby in the same neighborhood, so that probably red flagged this one as a case where a LOMA-F is required. I think I can show that a regular LOMA is the right form, though.
LOMA or LOMR-F?
> FEMA is questioning how the BFE was determined and whether the property was filled (because the LAG is 5' above the community determined BFE).<
The community should provide you with the BFE information such as an Enhanced Approximate Method etc. and have them complete the community acknowledgment section b.
Then note no fill has been placed and they should issue an inadvertent inclusion determination without much hassle after community acknowledgement.
