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Malden moves to update floodplain rules, maps and notification procedures ahead of July FEMA map changes

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Summary

The Planning Board recommended approval of zoning amendments to update Malden’s Flood Plain District regulations, align them with new FEMA maps and require new notice and recordkeeping for building-code variances; staff recommended solicitor and building commissioner review before Council ordination.

The Malden Planning Board on May 14 recommended that the City Council adopt zoning amendments to update the city’s floodplain regulations, align local ordinance references with new FEMA flood-insurance maps effective July 8, 2025, and add administrative and notice requirements tied to building-code variances.

Councilor Steve Winslow, sponsor of city council paper CCP 172 of 2025, described the changes as necessary to preserve property eligibility for federally backed flood insurance once the new maps take effect. “If we don't do that as a city, then people can lose eligibility for federal floodplain insurance,” Winslow said.

Planner Michelle (city planner) summarized the proposed edits: update map and study dates to match Middlesex County Flood Insurance Rate Map revisions; designate the city engineer as the floodplain administrator; require permits for development in the Flood Plain District; update base flood elevation and regulatory floodway data; add definitions (for example, highest adjacent grade, new construction, substantial repair); and add notice and record-keeping for variances of state building-code floodplain standards, including notifying property owners of potential flood-insurance premium impacts.

The paper incorporates recommended changes from the Massachusetts Department of Conservation and Recreation (DCR) and FEMA. Michelle told the board the state stands ready to approve Malden’s updated ordinance once the edits are made. The staff report recommended the Planning Board advise the City Council to approve the changes subject to review and approval by the city solicitor and building commissioner.

During discussion, board members asked which city office will handle the additional administrative duties. Nelson Miller, building commissioner, said he receives notice of variances from the State Building Code Appeals Board but did not yet coordinate a routine notice path to residents; he and Yem Lip, identified as the city engineer, would need to confirm internal procedures. Miller said more discussion is needed on timing and notice mechanics.

The Planning Board voted to recommend the City Council approve the floodplain amendments as proposed, subject to solicitor and building commissioner review. The recommendation will be transmitted to the City Council; the board noted the council must act within 90 days of the hearing close.