[StBernard] Council Statement on the FEMA Advisory Base Flood Elevation

[Westley Annis]

St. Bernard Parish Council
Statement on the FEMA Advisory Base Flood Elevation

On April 12, 2006 FEMA released the advisory base flood elevation (ABFE)
guidelines.  Against the wishes of the St. Bernard Parish Council and
Administration, the information was released to the general public without
an opportunity for the municipalities to examine the guidelines, interpret
the impact, and adopt appropriate guidelines.

Since the release of this information, members of the council have met
several times with the flood plain manager and each other to discuss and
develop a reasonable plan of action.  The following represents the council's
current position and suggestion to the public of St. Bernard Parish.

As proposed, FEMA has suggested that the guidelines released will benefit
the populace of St. Bernard by systematically raising the elevation of homes
to a level three feet higher than the adjacent ground elevation or the
current BFE (base flood elevation), whichever is greater.  The highest
ground elevation is calculated as the highest ground next to the structure
on the property.  Most houses sit 6 inches to 1 foot above the ground
elevation next to the property.

The information that was used by FEMA to calculate this elevation included
events over the last 155 years, including Hurricanes Katrina and Rita.  The
council's position is that Hurricanes Katrina and Rita are improperly
utilized as the damage was largely influenced due to levee failures verses
strictly the force of the storm.  A major assumption in these guidelines is
that the levees, built properly and certified, will offer protection from a
1% annual chance (100 year) flood.  Additionally, the assumption is that a
free flow level of flood waters which may top these certified levees in such
a storm would produce between 2 and 3 feet of flooding within St. Bernard
Parish.

A point of information that the council wishes to be made known is that
these advisories are largely the focus of an insurance issue and should not
be used to conclusively establish adequate levels of safety.  What FEMA
basically attempts to do is place the onus on local government to create a
program that requires people to elevate structures to a level that is seen
as an acceptable risk by the National Flood Insurance Program (NFIP).

While the council wishes to convey to all residents that the benefit of
elevating structures to a height that would create a safe existence in
response to a Katrina type event, the council also believes that the burden
to elevate structures without some financial assistance from the federal
government as the primary responsible party of the current increased risk
factors is unfair.  Simply put, the St. Bernard Parish council will consider
adopting the Advisory Base Flood Elevations (ABFE) for those homes which
will be demolished and for construction of new homes.  Introduction of this
ordinance will take place on Tuesday, April 18, 2006.  Adoption of the
ordinance will take place at a subsequent council meeting. HOMES WHICH ARE
NOT SUBSTANTIALLY DAMAGED WILL NOT BE INCLUDED IN THESE ADVISORIES.

A property owner who wishes to challenge the damage assessment filed in the
Office of Community Development should complete the following steps:
1)check on the spbg.net website for your damage assessment; 2)if you
disagree with the assessment, hire a licensed contractor and/or structural
engineer to document that the house is less than 50% damaged; 3)file the
report with the Office of Community Development; 4)document the date of your
particular permit for electrical/plumbing/a-c/or other work to have proof of
work.  Residents should keep in mind that costs have skyrocketed and
calculations of different grades of materials should be considered when the
damage assessment is completed.

A house that is built after demolition will be required to meet the adopted
advisories.  This means that rebuilt homes after demolition and new
construction will have to be at the highest adjacent ground elevation plus
three feet.  It is noted that there is some benefit to elevating a structure
much higher to gain more use of the land under a structure, but this is not
an anticipated mandate.  It is noted that there will be specific criteria
for elevated structures in terms of appearance and requirements for building
that will be released shortly.

The council understands that the proposed plan by FEMA will place an undue
financial burden on homeowners and is not conducive to the repopulation of
St. Bernard Parish.  The council further is calling on the Louisiana
Recovery Authority (LRA) to look closely at the housing assistance program
and to again reconsider their decision to deduct insurance from the grant
proceeds, allowing an appropriate incentive for our residents in
particularly low elevated areas to consider relocation within the parish.

The council also emphasizes the need for the LRA and Governor to consider
alternative funding mechanisms for housing assistance, such as that
suggested by Congressman Baker, to more comprehensively address the abundant
housing stock anticipated in the near future for St. Bernard Parish.  The
council further requests that all residents begin a phone tree to every
state legislator, not just from St. Bernard Parish, and request support to
pass the legislation that does not penalize insured residents in the housing
assistance plan.

The goal of the St. Bernard Parish Council is to make all residents aware
that there will be situations that will involve houses being elevated next
to houses that will not be elevated.  However, the elevation will be of the
structure and not of the ground.  If a resident chooses not to elevate,
there is no penalty for flood insurance as long as the house remains
compliant with the elevation requirements at the time of the repair or
building.  A house will remain compliant as long as it is not substantially
damaged by a flood event.

Residents should be aware that once a new Flood Insurance Rate Map (FIRM -
flood maps) is announced and subsequently adopted, homeowners will have to
come into compliance with the new maps upon new construction or upon any
substantial damage situation.  The council does not anticipate these maps
being released before the levees are certified.

Additionally, any house outside the levee protection system that was
demolished or any new construction must raise their structure 3 feet above
the Base Flood Elevation.

The St. Bernard Parish Council will continue to address these elevation
issues as any new situations arise.


Sincerely,
The St. Bernard Parish Council


SUMMARY POINTS

1.  Was the house substantially damaged?     YES       NO

IF NO-       NO NEW ELEVATION REQUIREMENTS APPLY

IF YES- Either challenge the assessment or decide to repair or demolish

2.  Is the house going to be demolished?   YES    NO

	IF NO-     NO NEW ELEVATION REQUIREMENTS APPLY

	IF YES-    New construction will have to follow the adopted
advisories


Any house that was compliant with the elevations prior to Hurricane Katrina
and is not being demolished remains compliant until another flood event
causes substantial damage.  At the point of the substantial damage is
realized the house must become compliant with whatever current maps are in
place.

Flood Insurance coverage is not in jeopardy if you are compliant with
elevations either because you have elevated or because you were not required
to elevate.  Flood insurance becomes sold at a higher rate when a person
refuses to become compliant when required to do so.  As long as St. Bernard
Parish participates in the NFIP, residents will be able to access flood
insurance.

At some point in the future, there will be new maps that are issued, which
will change the Base Flood Elevations within the parish.  After that point,
any house that is substantially damaged will be required to come into
compliance with the most current elevation requirements.