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Wells planning board reopens floodplain ordinance debate after FEMA remap
Summary
At a Nov. 17 workshop, town staff, the code officer, insurance experts and residents debated revisions to Chapter 116’s definitions and whether to reset the 50% substantial-improvement clock at 5, 10 years or keep 'life of structure.' The board asked staff to draft options for a public hearing.
WELLS, Maine — The Town of Wells Planning Board on Monday held a workshop on potential changes to the town’s Chapter 116 floodplain management ordinance after updated FEMA maps expanded the number of properties in flood zones.
Mike (planning staff) told the board the ordinance change adopted by voters in June 2024 accompanied FEMA’s first major map updates since 2003 and that the two central definitional issues under review are how the town calculates market value and how it defines “substantial improvement.” Those two definitions determine when the ordinance’s 50% threshold requires owners to floodproof structures.
The debate centered on three reset-period options: a five-year rolling reset, a 10-year reset, or the current 'life of structure' approach allowed under FEMA guidance. Mike said a shorter reset (5 or 10 years) delays when renovations accumulate toward the 50% trigger; the life-of-structure option means owners may reach the trigger sooner.
Bob Foley, who identified himself as from the insurance industry, urged the board to consider claims history alongside premium volume and criticized enacting the ordinance at the same time the FEMA maps were adopted. "You put in 900 more people into the flood zone without having any idea that this new ordinance was being adopted," Foley said, arguing many affected seasonal property owners lacked notice and participation.
Jim, the town code officer, described how the new FEMA maps consider wave generation and wave velocity in creating V zones and said recent storms and permit volumes show the coastline’s flood risk is changing. He cited permit data showing an increase in flood-related permits in recent years and said elevated, floodproofed buildings generally sustained less interior damage in recent storms.
Several residents and property owners warned that a life-of-structure requirement could sharply reduce property values and limit what new buyers could do. One attendee said routine repairs (new roof or windows) could push cumulative costs toward the 50% threshold and leave sellers with properties that future owners “can never do a thing to.” Others urged a compromise, favoring a 10-year reset so owners have time to finance floodproofing and the town can pursue grants or low-interest loans to help mitigate the cost.
Staff and the code office reiterated that FEMA counts repairs and renovations from any cause — flood, fire or wind — toward the 50% calculation, a point some residents disputed.
Board members asked staff to draft concrete ordinance options (for example: reinstate a 10-year reset with clear language on permitted repairs and permitting practices) and recommended holding a public hearing with the Select Board after a proposal is prepared so affected owners can respond to specifics rather than general concerns. The Planning Board did not vote on ordinance text at the meeting.
The board concluded the workshop portion of the meeting and moved to regular agenda business. Planning staff said they will develop potential language for the reset period and other definitional clarifications for the board’s review and public outreach.
