Mich. Admin. Code R. 281.24 - Flood risk areas
Rule 4.
(1) Any area
which is within the 100-year floodplain of a Great Lake or a connecting
waterway, as identified in any of the approved floodplain delineation studies
set forth in this subrule, is designated as a flood risk area. The following
floodplain delineation studies are adopted in these rules by reference:
(a) Flood insurance study, city of Algonac,
Michigan, St. Clair county, United States department of housing and urban
development, federal insurance administration, April, 1977.
(b) Flood insurance study, township of
Bangor, Michigan, Bay county, United States department of housing and urban
development, federal insurance administration, January, 1979.
(c) Flood insurance study, township of
Berlin, Michigan, Monroe county, federal emergency management agency, federal
insurance administration, May 3, 1982.
(d) Flood insurance study, charter township
of Brownstown, Michigan, Wayne county, federal emergency management agency,
federal insurance administration, February 16, 1982.
(e) Flood insurance study, township of
Caseville, Michigan, Huron county, United States department of housing and
urban development, federal insurance administration, February, 1977.
(f) Flood insurance study, township of
Chesterfield, Michigan, Macomb county, United States department of housing and
urban development, federal insurance administration, January, 1978.
(g) Flood insurance study, township of Clay,
Michigan, St. Clair county, United States department of housing and urban
development, federal insurance administration, June, 1978.
(h) Flood insurance study, township of East
China, Michigan, St. Clair county, United States department of housing and
urban development, federal insurance administration, January, 1978.
(i) Flood insurance study, city of East
Tawas, Michigan, Iosco county, United States department of housing and urban
development, federal insurance administration, September, 1977.
(j) Flood insurance study, township of Erie,
Michigan, Monroe county, United States department of housing and urban
development, federal insurance administration, March, 1978.
(k) Flood insurance study, city of Escanaba,
Michigan, Delta county, United States department of housing and urban
development, federal insurance administration, September, 1977.
(l) Flood insurance study, village of Estral
Beach, Michigan, Monroe county, federal emergency management agency, federal
insurance administration, May 2, 1983.
(m) Flood insurance study, township of Ford
River, Michigan, Delta county, United States department of housing and urban
development, federal insurance administration, June, 1977.
(n) Flood insurance study, township of Fort
Gratiot, Michigan, St. Clair county, United States department of housing and
urban development, federal insurance administration, June, 1978.
(o) Flood insurance study, township of
Fraser, Michigan, Bay county, federal emergency management agency, federal
insurance administration, September, 1979.
(p) Flood insurance study, township of
Frenchtown, Michigan, Monroe county, United States department of housing and
urban development, federal insurance administration, March, 1977.
(q) Flood insurance study, city of Gibraltar,
Michigan, Wayne county, United States department of housing and urban
development, federal insurance administration, December, 1978.
(r) Flood insurance study, city of Gladstone,
Michigan, Delta county, United States department of housing and urban
development, federal insurance administration, September, 1977.
(s) Flood insurance study, township of Grosse
Isle, Michigan, Wayne county, United States department of housing and urban
development, federal insurance administration, February, 1980.
(t) Flood insurance study, township of
Hampton, Michigan, Bay county, United States department of housing and urban
development, federal insurance administration, February, 1978.
(u) Flood insurance study, city of Harbor
Springs, Michigan, Emmet county, United States department of housing and urban
development, federal insurance administration, November, 1976.
(v) Flood insurance study, township of
Harrison, Michigan, Macomb county, federal emergency management agency, federal
insurance administration, November 5, 1980.
(w) Flood insurance study, township of Ira,
Michigan, St. Clair county, United States department of housing and urban
development, federal insurance administration, September, 1979.
(x) Flood insurance study, township of
Kawkawlin, Michigan, Bay county, United States department of housing and urban
development, federal insurance administration, August, 1978.
(y) Flood insurance study, township of
LaSalle, Michigan, Monroe county, United States department of housing and urban
development, federal insurance administration, August, 1977.
(z) Flood insurance study, city of Luna Pier,
Michigan, Monroe county, federal emergency management agency, federal insurance
administration, December 1, 1981.
(aa) Flood insurance study, city of Monroe,
Michigan, Monroe county, United States department of housing and urban
development, federal insurance administration, December, 1976.
(bb) Flood insurance study, township of
Monroe, Michigan, Monroe county, United States department of housing and urban
development, federal insurance administration, June, 1977.
(cc) Flood insurance study, city of Muskegon,
Michigan, Muskegon county, United States department of housing and urban
development, federal insurance administration, December, 1976.
(dd) Flood insurance study, township of
Muskegon, Michigan, Muskegon county, United States department of housing and
urban development, federal insurance administration, August, 1977.
(ee) Flood insurance study, city of New
Baltimore, Michigan, Macomb county, United States department of housing and
urban development, federal insurance administration, March, 1978.
(ff) Flood insurance study, city of North
Muskegon, Michigan, Muskegon county, United States department of housing and
urban development, federal insurance administration, November, 1976.
(gg) Flood insurance study, city of Norton
Shores, Michigan, Muskegon county, United States department of housing and
urban development, federal insurance administration, September, 1977.
(hh) Flood insurance study, township of
Pinconning, Michigan, Bay county, United States department of housing and urban
development, federal insurance administration, March, 1978.
(ii) Flood insurance study, city of St.
Clair, Michigan, St. Clair county, United States department of housing and
urban development, federal insurance administration, December, 1977.
(jj) Flood insurance study, township of St.
Clair, Michigan, St. Clair county, United States department of housing and
urban development, federal insurance administration, February, 1978.
(kk) Flood insurance study, city of St. Clair
Shores, Michigan, Macomb county, United States department of housing and urban
development, federal insurance administration, February, 1978.
(ll) Flood insurance study, township of Sims,
Michigan, Arenac county, United States department of housing and urban
development, federal insurance administration, December, 1977.
(mm) Flood insurance study, village of
Suttons Bay, Michigan, Leelanau county, United States department of housing and
urban development, federal insurance administration, December, 1976.
(nn) Flood insurance study, township of
Wisner, Michigan, Tuscola county, United States department of housing and urban
development, federal insurance administration, November, 1977.
(oo) Flood insurance study, city of
Wyandotte, Michigan, Wayne county, United States department of housing and
urban development, federal insurance administration, November, 1977.
(2) The documents adopted in this
rule are available from the Federal Insurance Administration, Federal Emergency
Management Agency, 175 West Jackson Boulevard, Chicago, Illinois 60604, at a
cost at the time of adoption of these rules of $5.00 each; the Michigan
Department of Natural Resources, Land and Water Management Division, P.O. Box
30028, Lansing, Michigan 48909, at no charge; and the local unit of
government.
(3) The department may
designate additional flood risk areas which are located within the 100-year
floodplain of a Great Lake or a connecting waterway. The following information
and studies may be used in delineating the flood risk areas:
(a) Current floodplain information reports by
the United States army, corps of engineers.
(b) Report on Great Lakes open-coast flood
levels by the United States army, corps of engineers.
(c) Current flood hazard analysis studies by
the United States department of housing and urban development, federal
insurance administration.
(d)
Current flood hazard analysis studies by the United States soil conservation
service.
(e) Engineering studies
currently acceptable to the department.
(4) If the studies listed in subrule (3) of
this rule are used to determine the flood risk area, all of the following
procedures for designation shall be used:
(a)
Not less than 30 days before designation of a flood risk area, the department
shall mail predesignation letters to the affected landowners of record as shown
in the last assessment roll. The letter shall explain that the property is
being considered for designation as a flood risk area. The department shall
schedule a meeting before designation to explain the proposed designation to
property owners and local governmental agencies.
(b) The department shall designate a flood
risk area upon its finding that the property lies within the 100-year
floodplain of a Great Lake or a connecting waterway.
(c) In designating a flood risk area, the
department shall notify the landowner of record and the local governmental
agency affected thereby. The notice of designation shall be delivered
personally or sent by certified mail to the landowner of record at the address
given in the last assessment roll.
(d) The notice of designation to affected
landowners and local governmental agencies shall include all of the following
information:
(i) The authority and reasons for
designation of flood risk areas.
(ii) A description, graphic or otherwise, of
the limits of the flood risk area.
(iii) An explanation of any regulatory
measures which may be required in the flood risk area and the regulatory role
of the local governmental agency.
(iv) The procedure by which the designation
may be appealed.
(5) The department shall consider additional
flood risk areas as may be proposed by local governmental agencies, citizens,
or interested groups.
(6) In the
absence of an approved local ordinance enacted pursuant to the provisions of
sections 7, 8, 9, and 10 of the act or other approved ordinance which meets or
exceeds the requirements in these rules, a person or local governmental agency
proposing a new permanent structure or an enlargement of an existing permanent
structure on a parcel, any portion of which is in a designated flood risk area,
shall submit a permit application to the department for its review. The permit
application shall contain all of the following information:
(a) A legal description of the
property.
(b) A description of the
proposed permanent structure.
(c)
An elevation survey of the building site by a professional engineer or
registered land surveyor that shows both of the following:
(i) A temporary bench mark which is within
100 feet of the proposed construction and which states the elevation of the
bench mark in relation to the national geodetic vertical datum.
(ii) The proposed elevation of the lowest
structural member which supports the floor, including the basement, but
excluding all of the following:
(A) The
footing.
(B) Pile caps.
(C) Piling.
(D) Nonstructural slabs.
(E) Girders.
(F) Grade beams.
(d) The means to be undertaken to
prevent property loss.
(e) The
signature and address of the applicant.
(7) A permit application for a new permanent
structure on a parcel, any portion of which is in a designated flood risk area,
shall be approved if it meets or exceeds the minimum requirements established
in subrule (10) or (11) of this rule.
(8) Not more than 60 days after receipt of a
permit application, the department shall send a notice of its approval or
disapproval to the applicant. The reasons for disapproval shall be stated and
sent by certified mail. A permit application which does not require a field
investigation shall be processed within 20 days.
(9) Approval of a permit does not exempt the
applicant from complying with other statutes, ordinances, or rules and
regulations.
(10) New residential
structures in a flood risk area shall be elevated so that the lowest portion of
all horizontal structural members which support floors, excluding footings,
pile caps, piling, nonstructural slabs, girders, and grade beams, is located at
or above the 100-year flood elevation. All basement floor surfaces shall be
located at or above the 100-year flood elevation. New and replacement
electrical wiring and equipment and heating, ventilating, air conditioning, and
other service facilities shall be either placed above the 100-year flood
elevation or be protected so as to prevent water from entering or accumulating
within the system components during floods up to the 100-year elevation. Duct
insulation subject to water damage shall not be installed below the 100-year
elevation.
(11) New nonresidential
structures in a flood risk area shall be in compliance with either of the
following requirements:
(a) Meet the
requirements of new residential structures as provided for in subrule (10) of
this rule.
(b) Together with
attendant utility and sanitary facilities, be certified by a professional
engineer or architect to have been designed so that, below the elevation
defining the flood risk area, the structure is watertight and able to withstand
hydrostatic pressures from a water level equal to the elevation defining the
flood risk area. All floor and wall penetrations for plumbing, mechanical, and
electrical systems shall be made watertight to prevent flood water seepage or
shall be provided with shutoff valves or closure devices to prevent backwater
flow during flooding.
(12) An existing structure which is not in
conformity with the elevation requirements of a designated flood risk area
shall not be altered, enlarged, or otherwise extended in a manner that
increases its nonconformity. If a nonconforming structure deteriorates or
becomes damaged, it may be restored to its condition before the deterioration
or damage if the repair costs are not more than 60% of the replacement value of
the structure in any 12-month period. If, in any 12-month period, the cost of
restoring the nonconforming structure is more than 60% of its replacement
value, the requirements for new permanent structures shall apply.
(13) Any aggrieved party who contests the
designation of a flood risk area under subrule (4) of this rule or the
disapproval of a permit application shall be granted a hearing if a petition is
filed with the department not more than 60 days after the notice of designation
or notice of disapproval is sent. Such petition shall be sent to the director
of the Department of Natural Resources, P.O. Box 30028, Lansing, Michigan
48909.The hearing shall be conducted in accordance with the provisions of Act
No. 306 of the Public Acts of 1969, as amended, being S24.201 et seq. of the
Michigan Compiled Laws.
(14) If the
local unit of government has an approved ordinance enacted pursuant to the
provisions of section 7, 8, 9, or 10 of the act or other approved ordinance,
the department shall provide a period of 1 year from the date of notification
to allow the local unit of government to adopt standards which equal or exceed
the requirements in these rules.
(15) If the department determines that the
requirements set forth in these rules are not being upheld by a local unit of
government which has an approved ordinance, the department shall contact the
local agency to identify, discuss, and attempt to resolve any problems. If the
problem cannot be informally resolved, the department shall then notify the
community, in writing, of its determination. The notice shall contain the
specific reasons why the department believes the local unit of government has
not upheld the approved ordinance. The local unit of government shall be
provided a period of 60 days to respond to the department. If the department
further determines that the local unit of government has not made sufficient
changes to its ordinance administration or otherwise explained its actions, the
department shall withdraw its approval and assume its flood risk area
permitting authority within the jurisdiction.
(16) The landowner of record and the local
governmental agency shall be sent a notice by certified mail if the flood risk
area designation is removed.
(17)
All flood risk area designations in existence on the effective date of these
rules shall remain in full force and effect.
Notes
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