FEMA and DEC Flood Map Update FAQs

A property may be eligible for the Newly Mapped discount if it was once designated outside of the Special Flood Hazard Area (SFHA) on an effective Flood Insurance Rate Map (FIRM) and, following a map revision, is designated within a Special Flood Hazard Area (SFHA). The Newly Mapped discount phases out annually until reaching the policy’s full-risk premium. The insurer must verify the policy’s eligibility for the Newly Mapped discount, including by confirming any prior flood zone designation before the most current FIRM.

Eligibility
A property may be eligible for the Newly Mapped discount if it was either:

• Previously designated in a Zone B, C, or X on the previous flood map and newly mapped into an SFHA.
• Previously designated in a Zone D, A99, or AR and newly mapped into a different SFHA zone.
• The policy in force start date is within 12 months of the effective FIRM revision date; or
• The policyholder applied for the policy within 45 days of initial lender notification, if the notification occurred within 24 months of the effective FIRM revision date.

FEMA provides Newly Mapped statutory discounts on the first $35,000 of coverage for buildings and $10,000 of contents coverage for pre-Flood Insurance Rate Map (FIRM) primary residences. The policy’s first term of eligibility for the statutory discount is 70%. For subsequent renewal terms, the statutory annual increase cap applies, which would be no more than 15% for most policies, excluding NFIP fees.

Policyholders would need to get quotes from an insurance agent to see how the rating characteristics assigned to their building impact their premium. Rating characteristics used to rate a policy can be found on the FEMA Rate Explanation Guide.

An explanation of discounts can be found on the DFEMA Discount Explanation Guide.

Since Elevation Certificates can now be completed by the property owner, it is in their best interest to submit an Elevation Certificate with the flood insurance application. However, the most accurate Elevation Certificates are those completed by licensed surveyors or engineers.

Following the Open House, there will be a 90-day comment and appeal period during which data can be submitted by the jurisdiction. More information on comments and appeals can be found on the FEMA CCO DVD Document Template. Once FEMA has completed a review of the comments and appeals and has finalized the maps, the Letter of Final Determination (LFD) will be issued. The maps become effective 6-months after the LFD is issued.

The only way to get a flood insurance quote for your property is to go to a flood insurance agent. To find out more information on flood insurance including finding an agent in your area, visit the National Flood Insurance Program.

Simply having the lowest floor elevated above the Base Flood Elevation (BFE) does not remove the property from the Special Flood Hazard Area or the mandatory purchase requirement for flood insurance if they have a mortgage. However, having an elevated home will reduce the risk and potentially make the cost of flood insurance lower.

You should contact a surveyor and have an elevation certificate completed for your house. An elevation certificate is an official FEMA form that documents the elevation of your house in relation to the Base Flood Elevation (BFE). If the elevation certificate shows that the lowest adjacent grade (including deck support or stairs) is at or above the BFE then your house would be eligible for a Letter of Map Amendment (LOMA). You would need to wait until the maps became effective to submit your LOMA application. If approved, the LOMA would officially remove your house from the Special Flood Hazard Area and the mandatory purchase requirement for flood insurance would no longer apply. More information regarding the LOMA process can be found at FEMA - Change Your Flood Zone Designation.

The mandatory purchase requirement for flood insurance only applies if the structure is within the Special Flood Hazard Area. If your house is outside of the SFHA then you could apply for a Letter of Map Amendment-Out as Shown (LOMA-OAS) application to FEMA. Additional guidance on completing a LOMA-OAS application can be found on the NYSDEC LOMA-OAS Guidance Document(PDF, 2MB).

The issuance of a LOMA-OAS eliminates the federal flood insurance purchase requirement as a condition of obtaining federal or federally backed financing. However, the mortgage lender retains the right to require flood insurance as a condition of providing financing, regardless of the location of your house. It should be noted that the risk to the property has not been removed and receiving a LOMA does not mean that the property will never flood. Purchasing flood insurance is the best way to protect your investment.

A Letter of Map Revision based on Fill (LOMR-F) application is available when a site is elevated with fill to or above the BFE. A LOMR-F must be applied for and approved by FEMA prior to issuance of a building permit. If a LOMR-F is approved a portion of the site would be removed from the floodplain and the mandatory purchase requirement would be removed from that portion of the property. Simply elevating an existing structure on a new foundation does not remove the property from the flood zone. However, having an elevated structure will reduce the risk and potentially make the cost of flood insurance lower.

The floodplain management program is administered by the local municipality. Any future development on the property is subject to the municipality’s flood damage prevention ordinance and will require a separate floodplain development permit in addition to any other necessary permits. Development is defined as 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 or storage of equipment or materials. Prior to initiating any work within a flood zone contact your local municipality.

Floodplain management is administered by the local municipality. Prior to initiating any work within a flood zone contact your local municipality. Your local administrator should be able to offer guidance on the scope of projects that may not require a hydraulic and hydrologic engineering analysis.

Small projects that do not increase the natural grade, such as the paving of a driveway or parking area at the existing grade can be permitted. There are other minor projects that are unlikely to increase the base flood elevation. For example, small, isolated obstructions such as a mailbox, a pitcher’s mound, or a single telephone pole could be permitted without requiring a no-rise certification. A balanced cut and fill is typically not enough information to prove the development will not cause an increase in the base flood elevation. FEMA regulations require a hydraulic analysis, performed by a licensed professional engineer, to demonstrate the proposed project shows no increase in flood stage during the base flood.