Order and Rationale_Amended-Floodplain-District-OrdinanceB. NEW BUSINESS (Refer to the Planning Board for Public Hearing)
ITEM# 2022-073
INTRO: 1/20/2022
2022-073 AMENDING CHAPTER 240 ZONING, ARTICLE III, § 240-34 TO
COMPLY WITH NATIONAL FLOOD INSURANCE PROGRAM
(NFIP) REQUIREMENTS
ORDERED: That the Code of the Town of Barnstable, Part I General Ordinances, Chapter 240
Zoning, Article III, § 240-34 Floodplain District be amended by deleting § 240-34 in its entirety
and inserting the following new § 240-34 in its place:
“ § 240-34. Floodplain District.
A Floodplain District is herein established as an overlay district. The District includes all special
flood hazard areas within the Town of Barnstable designated as Zone A, AE, AO, AH, or VE on
the Barnstable County Flood Insurance Rate Map (FIRM) dated July 16, 2014 issued by the
Federal Emergency Management Agency (FEMA) for the administration of the National Flood
Insurance Program. The exact boundaries of the District shall be defined by the 1%-chance base
flood elevations (one-hundred-year flood) shown on the FIRM and further defined by the
Barnstable County Flood Insurance Study (FIS) report dated July 16, 2014. The FIRM and FIS
report are incorporated herein by reference and are on file with the Town Clerk, Building
Commissioner, and Conservation Commission.
The purpose of the Floodplain Overlay District is to:
1. Ensure public safety through reducing the threats to life and personal injury
2. Eliminate new hazards to emergency response officials
3. Prevent the occurrence of public emergencies resulting from water quality,
contamination, and pollution due to flooding
4. Avoid the loss of utility services which if damaged by flooding would disrupt or shut
down the utility network and impact regions of the community beyond the site of
flooding
5. Eliminate costs associated with the response and cleanup of flooding conditions
6. Reduce damage to public and private property resulting from flooding waters
The floodplain management regulations found in this Floodplain Overlay District section shall
take precedence over any less restrictive conflicting local laws, ordinances or codes.
The degree of flood protection required by this ordinance is considered reasonable but does not
imply total flood protection.
If any section, provision or portion of this ordinance is deemed to be unconstitutional or invalid
by a court, the remainder of the ordinance shall be effective.
The Town of Barnstable hereby designates the position of the Building Commissioner to be the
official floodplain administrator for the Town.
If the Town acquires data that changes the base flood elevation in the FEMA mapped Special
Flood Hazard Areas, the Town will, within 6 months, notify FEMA of these changes by
submitting the technical or scientific data that supports the change(s). Notification shall be
submitted to:
FEMA Region I Risk Analysis Branch Chief
99 High St., 6th floor, Boston, MA 02110
And copy of notification to:
Massachusetts NFIP State Coordinator
MA Dept. of Conservation & Recreation, 251 Causeway Street, Boston, MA 02114
Permits are required for all proposed construction or other development in the floodplain overlay
district, including new construction, alteration of existing structures, placement of manufactured
homes, placement of agricultural facilities, fences, sheds, storage facilities, drilling or other
development that might increase flooding or adversely impact flood risks to other properties (any
man-made change to improved or unimproved real estate, including, but not limited to, buildings
or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations).
A. Any new construction or substantial improvement to be under taken within the floodplain
overlay district shall be in accordance with Massachusetts State Building Code 780 CMR
and 310 CMR- Department of Environmental Protection. The Building Commissioner
shall review all proposed development within the floodplain overlay district upon
confirmation from the property owner or his/her representative that all necessary permits
have been received and certified from those governmental agencies from which approval
is required by local, federal and state law, in order to carry out the proposed development
in the floodplain overlay district including but not limited to Sec. 404 of the Federal
Water Pollution Control Act Amendments of 1972, U.S.C. § 1334. The Building
Commissioner shall obtain and maintain records of elevation and floodproofing levels for
new construction or substantial improvement within the floodplain overlay district.
B. All subdivision proposals and other proposed new developments greater than 50 lots or
five acres, whichever is lesser, shall include within such proposals technical data,
provided by the proponent, to determine base flood elevation data for each developable
parcel shown on the design plans.
C. All subdivision and development proposals, including utility and drainage systems, in the
floodplain overlay district, shall be reviewed to assure that they are located and designed
to be consistent with the following:
a) Such proposals minimize flood damage.
b) Public utilities and facilities are located and constructed so as to minimize flood
damage.
c) Adequate drainage is provided.
D. In Zones A and AE, along watercourses that have not had a regulatory floodway
designated, the best available Federal, State, local, or other floodway data shall be used to
prohibit encroachments in floodways which would result in any increase in flood levels
within the community during the occurrence of the base flood discharge.
E. Regulations pertaining to mapped floodways as defined in US Code of Federal
Regulations, Title 44, Part 59.1 have been removed from this ordinance because the
Town of Barnstable does not have any mapped floodways and is a coastal community
where floodways do not apply.
F. In a riverine situation, the Conservation Administrator or designee shall notify the
following of any alteration or relocation of a watercourse: (a) Adjacent Communities,
especially upstream and downstream, (b) bordering States, if affected, (c) the NFIP State
Coordinator, Massachusetts Department of Conservation and Recreation, 251 Causeway
Street, 8th floor, Boston, MA 02114-2104, and (d) the NFIP Program Specialist, Federal
Emergency Management Agency, Region I at 99 High Street, 6th Floor, Boston, MA
02110.
G. Within Zones AO and AH on the FEMA Flood Insurance Rate Maps, adequate drainage
paths must be provided around structures on slopes to guide floodwaters around and
away from proposed structures.
H. No land within areas designated as V (Velocity) Zones on the FEMA Flood Insurance
Rate Maps shall be developed unless such development is demonstrated by the applicant
to be located landward of the reach of the mean high tide. All new construction and
substantial improvement within the V Zones shall be in full compliance with the State
Building Code and shall be certified by a registered professional engineer or architect that
the structure is securely anchored to adequately anchored pilings or columns in order to
withstand velocity waters and hurricane wave wash.
I. The following shall be prohibited within flood areas designated as V Zones:
1. Use of fill.
2. Mobile homes.
J. If the State issues variances to the flood-resistant standards as found in the state building
code, Barnstable will use the following text for local adoption:
Barnstable will request from the State Building Code Appeals Board a written and/or
audible copy of the portion of the hearing related to the variance, and will maintain this
record in the community’s files.
Barnstable shall also issue a letter to the property owner regarding potential impacts to
the annual premiums for the flood insurance policy covering that property, in writing
over the signature of a community official that (i) the issuance of a variance to construct a
structure below the base flood level will result in increased premium rates for flood
insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such
construction below the base flood level increases risks to life and property.
Such notification shall be maintained with the record of all variance actions for the
referenced development in the floodplain overlay district.
K. A variance from this floodplain ordinance, related to community compliance with the
National Flood Insurance Program (NFIP), must meet the requirements set out by State
law and may only be granted if: 1) Good and sufficient cause and exceptional non-
financial hardship exist; 2) the variance will not result in additional threats to public
safety, extraordinary public expense, or fraud or victimization of the public; and 3) the
variance is the minimum action necessary to afford relief. This does not apply to the
building code.
L. In A, AO, AH, AE Zones, VE, and V Zones, all recreational vehicles to be placed on a
site must be elevated and anchored in accordance with the zone’s regulations for
foundation and elevation requirements or be on the site for less than 180 consecutive days
or be fully licensed and highway ready.
M. In A Zones, in the absence of FEMA BFE data and floodway data, the building
department will obtain, review and reasonably utilize base flood elevation and floodway
data available from a Federal, State, or other source as criteria for requiring new
construction, substantial improvements, or other development in Zone A as the basis for
elevating residential structures to or above base flood level, for floodproofing or
elevating nonresidential structures to or above base flood level, and for prohibiting
encroachments in floodways.
The following definitions apply to the interpretation of this chapter:
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to
building or other structures, mining, dredging, filling, grading, paving, excavation or drilling
operations or storage of equipment or materials. [US Code of Federal Regulations, Title 44, Part
59]
FLOODWAY
The channel of the river, creek or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than a designated height. [Base Code, Chapter 2, Section 202]
FUNCTIONALLY DEPENDENT USE
A use which cannot perform its intended purpose unless it is located or carried out in close
proximity to water. The term includes only docking facilities, port facilities that are necessary for
the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but
does not include long-term storage or related manufacturing facilities. [US Code of Federal
Regulations, Title 44, Part 59] Also [Referenced Standard ASCE 24-14]
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed
walls of a structure. [US Code of Federal Regulations, Title 44, Part 59]
HISTORIC STRUCTURE
Any structure that is:
a) Listed individually in the National Register of Historic Places (a listing maintained by the
Department of Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register;
b) Certified or preliminarily determined by the Secretary of the Interior as contributing to
the historical significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district;
c) Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of the Interior; or
d) Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
1. By an approved state program as determined by the Secretary of the Interior or
2. Directly by the Secretary of the Interior in states without approved programs.
[US Code of Federal Regulations, Title 44, Part 59]
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of the first
floodplain management code, regulation, ordinance, or standard adopted by the authority having
jurisdiction, including any subsequent improvements to such structures. New construction
includes work determined to be substantial improvement. [Referenced Standard ASCE 24-14]
RECREATIONAL VEHICLE
A vehicle which is:
a) Built on a single chassis;
b) 400 square feet or less when measured at the largest horizontal projection;
c) Designed to be self-propelled or permanently towable by a light duty truck; and
d) Designed primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use.
[US Code of Federal Regulations, Title 44, Part 59]
SPECIAL FLOOD HAZARD AREA
The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood
hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30. [Base Code,
Chapter 2, Section 202]
START OF CONSTRUCTION
The date of issuance for new construction and substantial improvements to existing structures,
provided the actual start of construction, repair, reconstruction, rehabilitation, addition,
placement or other improvement is within 180 days after the date of issuance. The actual start of
construction means the first placement of permanent construction of a building (including a
manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or
construction of columns.
Permanent construction does not include land preparation (such as clearing, excavation, grading
or filling), the installation of streets or walkways, excavation for a basement, footings, piers or
foundations, the erection of temporary forms or the installation of accessory buildings such as
garages or sheds not occupied as dwelling units or not part of the main building. For a substantial
improvement, the actual “start of construction” means the first alteration of any wall, ceiling,
floor or other structural part of a building, whether or not that alteration affects the external
dimensions of the building. [Base Code, Chapter 2, Section 202]
STRUCTURE
For floodplain management purposes, a walled and roofed building, including a gas or liquid
storage tank, that is principally above ground, as well as a manufactured home. [US Code of
Federal Regulations, Title 44, Part 59]
SUBSTANTIAL REPAIR OF A FOUNDATION
When work to repair or replace a foundation results in the repair or replacement of a portion of
the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of
the perimeter of the base of the foundation measured in linear feet, or repair or replacement of
50% of the piles, columns or piers of a pile, column or pier supported foundation, the building
official shall determine it to be substantial repair of a foundation. Applications determined by
the building official to constitute substantial repair of a foundation shall require all existing
portions of the entire building or structure to meet the requirements of 780 CMR. [As amended
by MA in 9th Edition BC]
VARIANCE
A grant of relief by a community from the terms of a flood plain management regulation. [US
Code of Federal Regulations, Title 44, Part 59]
VIOLATION
The failure of a structure or other development to be fully compliant with the community's flood
plain management regulations. A structure or other development without the elevation
certificate, other certifications, or other evidence of compliance required in §60.3(b)(5), (c)(4),
(c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that
documentation is provided. [US Code of Federal Regulations, Title 44, Part 59]
ZONE A
Area of special flood hazard without water surface elevations determined.
ZONE AE
Area of special flood hazard with water surface elevations determined.
ZONE AH
Areas of special flood hazards having shallow water depths and/or unpredictable flow paths
between (1) and (3) feet, and with water surface elevations determined.
ZONE AO
Area of special flood hazards having shallow water depths and/or unpredictable flow paths
between (1) and (3) ft. (Velocity flow may be evident; such flooding is characterized by ponding
or sheet flow.)
ZONE A99
Area of special flood hazard where enough progress has been made on a protective system, such
as dikes, dams, and levees, to consider it complete for insurance rating purposes. (Flood
elevations may not be determined.)
ZONE X
Areas of minimal or moderate flood hazards or areas of future-conditions flood hazard. (Zone X
replaces Zones B and C on new and revised maps.)
ZONE V
Area of special flood hazards without water surface elevations determined, and with velocity,
that is inundated by tidal floods (coastal high hazard area).
ZONE VE
(For new and revised maps) means area of special flood hazards, with water surface elevations
determined and with velocity, that is inundated by tidal floods (coastal high hazard area).”
SPONSOR:
DATE ACTION TAKEN
____ Read Item
____ Motion to Open Public Hearing
____ Rationale
____ Public Hearing
____ Close public hearing
____ Council discussion
____ Move/vote
BARNSTABLE TOWN COUNCIL
ITEM# 2022-073
INTRO: 1/20/2022
SUMMARY
TO: Town Council
FROM: Mark S. Ells, Town Manager
THROUGH: Elizabeth Jenkins, Director, Planning & Development Department
DATE: January 18, 2022
SUBJECT: Amending Chapter 240 Zoning, Article III, § 240-34 to comply with National
Flood Insurance Program (NFIP) requirements
RATIONALE:
In 1968, Congress passed the National Flood Insurance Act, which established a program that
provides flood insurance to property owners, renters and businesses and works with communities
required to adopt and enforce floodplain management regulations that help mitigate flooding
effects. The Town of Barnstable officially became a National Flood Insurance Program (NFIP)
community in 1976. As of September 30, 2021, there were 910 NFIP policies in force in the
Town of Barnstable, with a total coverage of $282,017,100.
All NFIP communities are required to locally adopt and enforce NFIP requirements as defined
within Title 44 of the Code of Federal Regulations (CFR). The rules are defined by Congress and
the Federal Emergency Management Agency (FEMA) administers the program. The state
incorporates federally-mandated floodplain protection provisions into their regulations, including
the Building Code, Environmental Code, Wetlands Regulations, and Drinking Water
Regulations. Each NFIP community must also have local regulations that describe and direct
development within the floodplains, and these local regulations must include NFIP provisions
that are not already incorporated in state law. The Town of Barnstable’s rules are established
within the Zoning Ordinance, Chapter 240, Section 34, the Floodplain District.
In 2020, a Massachusetts State Model Floodplain Bylaw was established to inform NFIP
communities of required modifications to local ordinances in order to comply with new NFIP
requirements. If the State or FEMA conducts a monitoring visit or interview, a community needs
to have updated their ordinance accordingly or the community must be prepared to provide a
date by which such amendments will be adopted. For these reasons, it is recommended that
Towns prioritize the adoption of the 2020 Model bylaws.
The Model Floodplain Bylaw includes twenty (20) required provisions, as well as optional
definitions. In summary, the applicable amendments to the Town’s existing Floodplain ordinance
include adding and repealing language as necessary to incorporate the required regulations, as
well as the addition of several definitions.
This effort was achieved through close coordination with the Barnstable County Floodplain
Specialist & Community Rating System (CRS) Coordinator to ensure that all applicable
modifications have been made in order to comply with the updated NFIP requirements.
FISCAL IMPACT: There is no significant fiscal impact of the proposed zoning amendment.
TOWN MANAGER RECOMMENDATION: Mark S. Ells, Town Manager, recommends the
proposed zoning amendment.
STAFF SUPPORT: Elizabeth Jenkins, Director of Planning & Development; Kate Maldonado,
Assistant Director of Planning & Development, Brian Florence, Building Commissioner