Land Development (including improvements) in Areas of the Regulatory Floodplain

• construction
• reconstruction
• placement of a building
• any addition or substantial improvement to a building
• site preparation and installation of a manufactured home
• parking/travel trailer installation
• utility installation, including roads, bridges, culverts, levees, dams, walls, fences
• drilling, mining, filling, dredging, grading, excavating, paving, or other alteration of the ground surface
• storage of materials, including the placement of gas and liquid storage tanks
• channel modifications changing the direction, height or velocity of flood or surface waters.

(The following list is not inclusive. Conditions depend on the type of specific development. For a specific list of required submittal documents please contact the City’s Floodplain Manager.)

• field survey – survey maps must include the following items:
  • regulatory floodplain and floodway lines
  • regulatory base flood elevation (BFE) values applicable to the development area
• site plan sheet(s) of the planned development
• grading and drainage plan(s)
• in case of construction of roadways plan and profile sheet(s) must be included in the submittal
• architectural plan(s) of proposed structures.
  • Note the finished floor elevation(s) of all proposed floor(s) of the future structure, including basement(s), garage(s), crawlspace(s), etc.
  • Note the elevation of the bottom of the lowest horizontal structural member on the drawing.
  • Note the lowest elevation of machinery
  • List the LAG (lowest adjacent ground elevation) and HAG (highest adjacent ground elevation) as well.

Basic rules of development in the regulatory floodplain:

(The following list is not inclusive. Special conditions may apply depending on the type of development. Please contact the City’s Floodplain Manager for specific instructions and guidance. All requirements are based on City of Little Rock Municipal Codes and minimum NFIP standards.)

• Construction or fill cannot reduce the storage capacity of the floodwaters in the floodplain.
• If repairs or alterations are desired for building(s) existed before the adoption of the floodplain district (November 3, 1993) the following restrictions apply:
  • the foundation of the existing structure must not be enlarged
  • the bulk of the building below the 100-year flood level (BFE) must not be increased
  • the surface area perpendicular to the direction of flow of the existing structure must not be increased
• Proposed structures must be elevated at least one (1) foot above the Base Flood Elevation of the footprint of a proposed building. This elevation must be documented on an Elevation Certificate properly completed by a professional engineer, surveyor or architect licensed to practice in the State of Arkansas and submitted for review prior to the issuance of the Certificate of Occupancy.
• Garages and crawlspaces below the lowest floor and the Base Flood Elevation must solely be usable for parking vehicles, building access and storage. These areas must be equipped with automatic flood openings, the design of which must be certified either by a registered professional engineer or architect. Minimum design criteria listed under Sec. 13-59(15) of the municipal code.
• Construction of basement foundations is prohibited.
• All mechanical equipment must be elevated at least one (1) foot above the Base Flood Elevation. This includes HVAC, water heaters, electrical equipment, plumbing, fuel systems and tanks, elevators and escalators, etc.
• Storage or processing of flammable or explosive materials or fuel is prohibited.
• All new construction shall be constructed by methods and practices that minimize flood damage and with materials resistant to flood damage.
• All new roads must be elevated at or above the Base Flood Elevation.
• Critical facilities must be placed outside of the regulatory floodplain, or if they must be, constructed or modified to exceed the 500-year flood protections standards.
• Manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
• All commercial, industrial or non-residential structures must be either
  • have their lowest floor (including basement) elevated at least one (1) foot above the Base Flood Elevation or
  • floodproofed with floodproofing certification prepared by a registered professional engineer or architect in the State of Arkansas and submitted for review.

Special provisions apply to any proposed development in the regulatory floodway.

• No building or structure allowed within the floodway. (Municipal Code Sec. 36-341.(e)(1))
• No development shall increase the Base Flood Elevation of the established floodway area.
• Floodways shall be either designated on the plat as drainage easements or, at the option of the landowner, dedicated to the public.
• Floodways shall be kept free of structural involvement including fences, open storage of materials and equipment, vehicle parking and other impediments.
• No proposed structure shall be closer than twenty-five (25) feet to the established floodway line.
• Directly adjacent to the established floodway lines a “vehicular access easement” must be established for any areas of development, where one already doesn’t exist. Such easements shall not be less than twenty-five (25) feet wide, measured from the edge of the floodway lines on either side of the drainage channel.
• Within the 25-foot vehicular access easement area only uses associated with low flood-danger potential shall be allowed, providing they do not require structural involvement. Such uses are loading areas, parking areas, open storage of materials and equipment and public and private recreational uses.

Substantial Damage/Substantial Improvement

• Substantial improvement triggers the requirement to bring the entire structure into full compliance with current provisions of the municipal codes. If a building is substantially damaged, the repair of the structure must bring the entire structure to compliance with the current floodplain ordinance. (Does not apply to the repaired portions only.) See above for basic rules of development in the regulatory floodplain.
• Improvement to correct identified violations of local health, sanitary or safety codes are not considered substantial improvements, regardless of the cost of the improvement, as long as they are the minimum improvement(s) necessary to bring the structure up to code.
• For existing commercial, industrial or other non-residential structures, existing manufactured homes the entire structure becomes subject to code requirements of new non-residential structures.
• Any alteration(s) of historical structures, that do not preclude the structure’s continued designation as a historic structure are exempt from the substantial improvement requirements.
• The start of construction for a substantial improvement 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 that building.

Repetitive Loss

• had four (4) or more separate, paid claim of over $5,000 each (claims can include damages to a building or its contents) or
• had two (2) or more separate claims, occurred within ten (10) years of each other with damages applicable to structures only, and where the total of the claim payments exceeded the current market value of the building.

Flood Map Changes

• Environmental and natural changes
• New development and land use
• Updated mapping technologies
• Flood control projects
• Individual requests

• If you believe your property or existing structure on a property has been mistakenly part of the regulatory floodplain, but the property or structure lies on naturally higher ground than the regulatory Base Flood Elevation (BFE) you need to use the Letter of Map Amendment (LOMA) process. The requirement for this process is that the lowest point of the property or structure to be at or above the BFE.
  • It can be used for a property or a structure or multiple residential lots or structures
  • There is no review and processing fee by FEMA
  • The applicant is responsible for providing all requested information and forms to FEMA, including the Elevation Certificate
  • The issuance of the LOMA determination eliminates the federal flood insurance purchase requirement as a condition of federal or federally backed financing; however mortgage lenders still have a right to require flood insurance as a condition of providing financing.
  • This process does not change the applicable FIRM, only changes the status of the property or structure to be in Zone X
  • Procedures and required forms can be found here: https://www.fema.gov/flood-maps/change-your-flood-zone/loma-lomr-f

• If you have placed fill on your property to elevate the entire property or structure to be above the BFE you can use the Letter of Map Revision based on fill (LOMR-F) process. The requirement for this process is the placement of fill on the property in order for the lowest adjacent grade of the structure or the lowest point on the property to be at or above the BFE.
  • It can be used for a property or a structure or multiple residential lots or structures
  • FEMA charges a fee for the review and processing of the LOMR-F request
  • The applicant is responsible for providing all requested information and forms to FEMA, including the Elevation Certificate
  • The issuance of the LOMR-F determination eliminates the federal flood insurance purchase requirement as a condition of federal or federally backed financing; however mortgage lenders still have a right to require flood insurance as a condition of providing financing
  • This process does not change the applicable FIRM, only changes the status of the property or structure to be in Zone X
  • Cannot be applied to elevated structures by other means than fill (posts, piers, etc.)
  • Procedures and required forms can be found here: https://www.fema.gov/flood-maps/change-your-flood-zone/loma-lomr-f

• In cases where it can be proven a property has been classified to be part of the regulatory floodplain in error, where topographic changes or new data in the flood hazard modelling indicate ground elevations are below the BFE the Letter of Map Revision (LOMR) process can be used to provide information to FEMA to reclassify the property.
  • The request must be supported by hydraulic analysis and signed and sealed and submitted by a licensed professional
  • This request requires a complex review and a 90-day appeals process by FEMA before determination
  • The decision is an official revision of the FIRM and FIS of the requested area. This changes flood zones, therefore building codes and requirements as well as insurance requirements will change
  • The decision on a LOMR must be adopted by the local government
  • FEMA charges a fee for the review and processing of the LOMR request
  • See required LOMR forms and procedures here: https://www.fema.gov/flood-maps/change-your-flood-zone/lomr-clomr

• Individuals or developers may verify with FEMA prior to construction whether their planned development will be acceptable as is by the submittal of a Conditional Letter of Map Revision (CLOMR). Upon review of the submitted documents FEMA provides a letter commenting on the proposed project whether the proposed hydrology changes would meet minimum National Flood Insurance Program standards.
  • FEMA charges a fee for review and processing
  • Approval of a CLOMR submittal will not change the applicable FIRMs or BFEs
  • Upon completion of the proposed development the developer is responsible for submitting a LOMR application within 6 months to provide updated information to FEMA for verification of the proposed development conditions meeting the final construction conditions. An as-built certificate must be submitted with this request.