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City staff brief committee on FEMA template update to floodplain ordinance; officials say adoption should be accepted by state

5462240 · April 15, 2025
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Summary

City attorney and building commissioner told the Public Works committee the city must adopt FEMA's updated model ordinance to remain in the National Flood Insurance Program; staff said the change is minor and administration expects approval from Indiana DNR and FEMA.

City legal and building officials updated the Public Works and Property Vacation Committee on a required ordinance update to participate in the National Flood Insurance Program.

City Attorney Jenna Throe said the presentation would give committee members background on floodplain regulation and the National Flood Insurance Program’s new template ordinance. Randy James, building commissioner, told the committee the community participates in the federal program overseen by FEMA and that Indiana Department of Natural Resources (DNR) supervises local jurisdictions in Indiana.

James said FEMA released a new model ordinance that contains “minor tweaks” to the city’s existing rules but that local adoption of the template is required for continued participation in the insurance program. He said South Bend currently has 64 program participants and insures over $18 million in property under the program, and that participation protects residents by preserving access to flood insurance and by standardizing permitting for improvements in flood-prone areas.

Committee members asked whether the DNR and FEMA would accept the city’s adoption. James said staff had exchanged drafts with the DNR multiple times and that the DNR indicated the local adoption would be accepted if the city adopts the template. Committee members also asked whether local administration of the ordinance would be onerous; James described the local process as “very similar” to the existing rules and “easily administered.”

The presentation did not include a vote; staff indicated the ordinance will be sent through the usual adoption path, after which it will be submitted to the DNR and FEMA for final approval.

Ending: Staff told the committee they will return with an adoption ordinance; they said they expect DNR and FEMA acceptance after the local adoption and several technical revisions already made in consultation with DNR.