Designated Floodplains
Federal Regulations
The Federal Emergency Management Agency (Floodplain Management | FEMA.gov) is the federal agency that regulates floodplains which is defined as an area susceptible of being inundated by water during a flood event. These areas typically have a 1% annual chance of flooding (100-year floodplain). Federal agencies collaborate with state and local governments on the regulation of floodplains which limits development of these riparian areas. For participating municipalities, FEMA regulates recognized floodplains, sets baseline requirements for floodplain management, provides maps that identify flood prone areas to guide local flood zoning and permitting, and manages the National Flood Insurance Program (NFIP).
The National Flood Insurance Program (NFIP) produces Flood Insurance Rate Maps (FIRMs) to inform insurance pricing, local zoning decisions, and federal project plans setting minimum floodplain management standards for communities to qualify for participation in the insurance program. FEMA regulation also intersects with CWA (Section 404), the U.S. Army Corps of Engineers regulation of dredge and fill activities in floodplains, and the Endangered Species Act in consideration of effects on protected species and habitats.
Federal regulation 44 CFR Part 60 is part of FEMA’s framework for reducing flood risk through local land use controls. This legislation outlines criteria for flood-prone areas that include construction standards, permitting requirements, and responsibilities for planning and enforcement. FEMA’s federal oversight of development in floodplains and wetlands is regulated under 44 CFR Part 9 which states the agency shall:
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Minimize the impact of floods on human health, safety, and welfare
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Avoid long and short-term adverse impacts associated with the occupancy and modification of floodplains and the destruction and modification of wetlands
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Avoid direct and indirect support of floodplain development and new construction in wetlands wherever there is a practicable alternative
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Reduce the risk of flood loss
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Promote the use of nonstructural flood protection methods to reduce the risk of flood loss
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Minimize the destruction, loss, or degradation of wetlands
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Restore and preserve the natural and beneficial values served by floodplains
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Preserve and enhance the natural values of wetlands
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Involve the public throughout the floodplain management and wetlands protection decision-making process
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Adhere to the objectives of the Unified National Program for Floodplain Management
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Improve and coordinate the Agency's plans, programs, functions, and resources so that the Nation may attain the widest range of beneficial uses of the environment without degradation or risk to health and safety.
State and Local Regulations
Michigan’s Floodplain Regulatory Authority (NREPA Part 31) empowers its Department of Environment, Great Lakes and Energy (EGLE) to enforce regulation of development in FEMA designated floodplains.
This law requires a permit be obtained from EGLE before any modification or occupation of the 100-year floodplain of a river, stream, or drain with a drainage area of greater than 2 square miles, regardless of participation in NFIP which is voluntary.
The law requires EGLE to do the following:
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Issue permits for construction, grading, or filling in regulated floodplains. The state building codes contain the necessary requirements to participate in the NFIP.
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Enforce elevation and design standards to reduce flood risk.
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Regulate development activities including grading, filling, construction, and any other modifications that could obstruct flow or increase flood risk.
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Regulate floodways: The channel of a river or stream and the portions of the floodplain adjoining the channel that are reasonably required to carry and discharge a 100-year flood.
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Regulate the floodway fringe: The portion of the 100-year floodplain that lies outside the floodway, where water moves very slowly or stands still during a flood event.
It is worth noting, construction and fill may be permitted in the portions of the floodplain that are not floodway, if local ordinance and building standards are met, and compensating excavation is provided equal to the volume of fill placed in the floodplain. Local governments are typically responsible for implementing floodplain ordinances and ensuring compliance with both federal and state guidelines. Communities must meet FEMA’s standards to be eligible for flood insurance and disaster assistance.
Although participating in FEMA’s National Flood Insurance Program (NFIP) is voluntary, local communities must obtain permits through EGLE for any development or alteration of floodplains in their jurisdiction. Enrollment in the NFIP gives residents access to federally backed flood insurance, FEMA disaster aid, and mitigation grants. Once enrolled, the communities are required to adopt and enforce all FEMA ordinances; follow Flood Insurance Rate Maps (FIRMs), regulate development in Special Flood Hazard Areas (SFHAs); and require elevation, floodproofing, and permitting/approval for new construction in flood-prone zones through an EGLE issued permit.
If a community does not participate in the NFIP, residents cannot purchase federal flood insurance and may be ineligible for FEMA disaster assistance for flood recovery. Communities can also be sanctioned or removed from the program if they fail to adopt, implement, or enforce federally required floodplain management regulations. Local communities can also implement stricter ordinances than required by the State of Michigan. Of all the communities within the Paw Paw and Black River Watershed, only South Haven Township (Van Buren County, Black River Watershed) has an ordinance that is stricter than EGLE requirements and has adopted no‑fill restrictions in mapped floodways in its flood protection ordinance.
The watersheds map above shows color coding highlighting townships participation in the NFIP (Green) and also shows the flood prone areas (Blue). Only a few townships do not participate in the NFIP (no color) but still must apply for EGLE permits for development and alterations to floodplains. In general, FEMA designated floodplain riparian areas are provided some level of protection from use and development, but it does not remove all risk from development derived nonpoint source pollution.
Floodplain Pictures
