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CEDAR CREEK FLOODPLAIN NEWSLETTER 2024
1. The National Flood Insurance Act of 1968 set guidelines on building in flood zones called Special Flood Hazard Areas (SFHA’s). In the Act, flood insurance was made available to communities through the National Flood Insurance Program (NFIP). NFIP administered by The Federal Emergency Management Agency (FEMA)
These guides are further coordinated and administered by each state and can be made stricter as cir cumstances dictate. The Nebraska Department of Natural Resources (NeDNR) is our coordinating agency. The Cedar Creek Floodplain Ordinance (2018-01, amended 24 August, 2024) is based on the Nebraska Code.
2. In 1978, Cedar Creek became part of the National Flood Insurance Program (NFIP). A Flood Study with associated mapping, identified properties that are subject to flooding based on accepted industry standards that defines flooding potential of 1.0 % in any year- this became known as 100-year flood. The identified water elevation of a 100-year flood is called the Base Flood Elevation (BFE). The maps of flood elevations are called Flood Insurance Rate Maps (FIRM). The Cedar Creek maps were updated in 2010 and are available for viewing at the village office. The Village of Cedar Creek, Ne lakes area and a small portion of the town site is in a Special Flood
Hazard Area (SFHA). This means that all development is governed by the Floodplain Ordinance. De velopment, as defined by FEMA, means any work done to a property by humans, Construction of or repair of; houses, sheds, fences, seawalls, are just a few examples.
NOTE: EVEN IF THE CEDAR CREEK BUILDING ORDINANCES DON’T REQUIRE A BUILDING PERMIT FOR SOME ACTIVITIES, A FLOODPLAIN PERMIT IS STILL NEEDED!
3. Houses constructed before 1978 in Cedar Creek, would not have had the map information, so they are referred to as PRE-FIRM. (built before the maps were developed). These houses may or may not be in compliance with the current ordinance. They are not required to become compliant unless they are replaced or repaired, (either due to personal desire or as a result of damages from any source; to include flood, fire, wind, etc). Homes built after 1978 are referred to as POST-FIRM. These homes were constructed according to an ordinance which would make them complaint.
4. A compliant home meets all current floodplain ordinance requirements. Non-conforming homes may not meet current requirements but did meet the requirements in effect at the time the project was permitted. The NFIP requires any home backed by a federal loan in the mapped SFHA must carry flood insurance.
Substantially improved or substantially damaged homes must comply with the latest floodplain ordinance. The cost of construction work must be equivalent to a certified construction contractor’s cost, even if materials and labor are obtained at lower or no cost and work done by other than a contractor. The current value of the home can be obtained by one of four means: Adjusted tax value, Hazard insurance coverage for replacement value, Market value, or an appraised value.
Substantial improvement or repair of substantial damage (for any reason-fire, flood, storm, etc) is when the ratio of home value to construction costs exceeds 50%. If the home is non-compliant and the damage or improvement exceed 50%, the complete structure must be brought into compliance. Ordinance 8-306 only allows new building permits to be issued on the same property after three years (unless unavoidably damaged). This ordinance was instituted in accordance with FEMA guidance to prevent a series of improvements in a shorter time to subvert the 50% rule.
5. Ordinance and flood insurance facts:
* All new homes must be constructed so that the lowest floor is one foot above BFE This includes furnaces, water heaters and air conditioners.
*Two Elevation Certificates (EC) are required to be submitted, one with a Floodplain Development Permit for new homes to show intent to comply with the ordinance. AND one after construction, an EC must be submitted to the Village to verify compliance. An EC does not expire unless the building surveyed has been replaced or improved.
*Non-residential buildings (sheds, garages, etc.) must be also elevated one foot above BFE OR flood-proofed with vents to allow flow of flood waters.
*Non-residential buildings and tanks must be sufficiently anchored to prevent movement during a flood.
*Flood insurance covers structures (houses) only. The lot is not covered and that value should not be considered in buying flood insurance.
* Where do I buy flood insurance. Until 2015, FEMA sponsored agents were the only place to purchase flood insurance. After that time, FEMA allowed qualified insurance companies to offer flood insurance.
* Letter of Map Amendment (LOMA) is a vehicle for property owners to show that their house is not in a mapped floodplain. When the floodplain maps were initially developed, detailed survey of each lot was not done. Because of the terrain, some lots may be above the BFE. To file for a LOMA, complete a FEMA form (MT-1) along with other information including an EC. The floodplain manager can assist in this process. If accepted by FEMA, a property is at lesser flooding risk than thought and is relieved from the mandatory flood insurance requirement-however flood insurance should still be considered and it will be at a better rate.
6.Flood insurance; when a community agrees to join the NFIP, the community must provide three items:
a) Flood Insurance Rate Maps (FIRMs)-Available for public viewing at the village hall.
b) Floodplain Ordinance- Adopt and enforce the rules developed by FEMA and State of Nebraska.
c) Offer each property the opportunity to purchase flood nsurance.
To assure communities comply with the NFIP rules, routine audits are performed. If a community does not properly and fairly enforce the ordinance, the ability to offer flood insurance is suspended or even revoked for everyone in the community.
Charles Paukert, Floodplain Manager, Village of Cedar Creek, NE. September, 2024