How do communities participate in the NFIP?

Introduction

The Federal Insurance and Mitigation Administration (FIMA), a division of the Federal Emergency Management Agency (FEMA), makes flood insurance available in areas where the appropriate public body has adopted adequate floodplain management regulations for its flood-prone areas. Community participation is voluntary, although some states require NFIP participation as part of their floodplain management program. Communities who wish to participate in the National Flood Insurance Program (NFIP) must fulfill two phases:

1. NFIP Emergency Program

2. NFIP Regular Program

Phase 1. NFIP Emergency Program

Community participation in the NFIP is promoted in two ways: the community develops interest in flood insurance, or FEMA notifies the community that it contains one or more Special Flood Hazard Areas (SFHA). Communities include in their applications resolutions or ordinances the community has adopted to regulate new construction in the SFHA. The resolutions or ordinances do not need to be burdensome, but rather add only minimal new regulation. [Note: A flood-prone community that does not apply for participation in the NFIP within one year of notification is ineligible for federal or federally-related financial assistance for acquisition, construction, or reconstruction of insurable buildings in the SFHA.]

1. After assessing the community's degree of flood risk and development potential, FEMA authorizes the sale of flood insurance in the community up to the Emergency Program limits (Table 1).

2. If appropriate, FEMA arranges for a study of the community to determine base flood elevations and flood risk zones. Consultation with the community occurs throughout the study. Communities with minimal or no flood risk are converted to the Regular Program without a study.

3. FEMA provides the studied community with a Flood Insurance Rate Map delineating base flood elevations and flood risk zones. The community has six months to meet the requirements, such as the adoption of base flood elevations in local zoning and building code ordinances.

4. Once the community adopts more stringent ordinances, FEMA converts the community to NFIP's Regular Program (Phase 2).

Phase 2. NFIP Regular Program

1. FEMA authorizes the sale of additional flood insurance in the community up to Regular Program limits (Table 2).

2. The community implements adopted floodplain management measures.

3. FEMA arranges for periodic community assistance visits with local officials to provide technical assistance regarding compliance with NFIP floodplain management requirements.

4. Local officials may request flood map updates as needed. FEMA evaluates requests, encourages cost-sharing, and issues revised maps as priorities dictate.

Sources for This Publication

National Flood Insurance Program: How the NFIP Works. Federal Emergency Management Agency, Access online at http://dem.nv.gov/uploadedFiles/demnvgov/content/Resources/How%20the%20NFIP%20Works%20022010.pdf

Introduction to the National Flood Insurance Program (NFIP). Congressional Research Service, Access online at https://fas.org/sgp/crs/homesec/R44593.pdf

Tables

Table 1.

Emergency program flood insurance coverage limits.

Table 2.

Regular program flood insurance coverage limits

Participation in the National Flood Insurance Program (NFIP)

The 77th Legislature of the State of Texas amended Subchapter I, Chapter 16, Water Code, by adding Section 16.3145 to read as follows:

The governing body of each city and county shall adopt ordinances or orders, as appropriate, necessary for the city or county to be eligible to participate in the National Flood Insurance Program, not later than January 1, 2001"

How to enroll in the NFIP?

A Community is defined by FEMA as "A political entity that has the authority to adopt and enforce floodplain ordinances for the area under its jurisdiction."

You can click on the Community Status Book which will help you determine if your community is participating or not.  If your community is not participating, please follow the following steps which will outline how to apply to become a participating community.

1. Determine the level of regulation for your community.  If you are unsure what level of regulations apply to your community, please feel free to give us a call or email us for assistance.
2. Click on the corresponding sample regulation listed below. These sample regulations can be modified and adopted to satisfy the requirements of your community.  *Please note, you can not remove anything from the samples.  You can only add to them.
3. Consider adopting higher regulatory standards to ensure the protection of lives and property.  Also, by adopting higher standards, the community may become eligible to participate in CRS and receive discounts on flood insurance.
4. Adopt the appropriate level of regulations including a city resolution or county resolution committing your community to floodplain management.  As is the case with the sample regulations, the resolutions are samples and may be modified to satisfy the requirements of your community.
5. Note that it is the responsibility of the community and it's legal staff to verify enforcement capabilities and procedures.
6. Last, the application must be completed and submitted to FEMA region VI along with a signed and sealed copy of your adopted regulations and resolution.  Instructions are provided.

Sample FEMA Ordinances

• Model 60.3 (a): No FEMA flood map available
• Model 60.3 (b): FEMA flood map available without elevations
• Model 60.3 (c): FEMA flood map available with elevations
• Model 60.3 (d): FEMA flood map available with elevations and floodway
• Model 60.3 (e): FEMA flood map available with coastal high hazards
• Model 60.3 (c-e): FEMA flood map available with elevations and coastal high hazards
• Model 60.3 (d-e): FEMA flood map available with elevations, floodways and coastal high hazards

Permitting

• FEMA Example Permit Packet
• Sample Permit Form
• Permitting Agency Checklist

Do you have questions, please contact