Planning Commission pauses Flood Hazard Overlay amendments pending ANR confirmation of FEMA compliance

The Richmond Planning Commission opened a public hearing on amendments to the town’s Flood Hazard Overlay District that would let existing park structures such as a restroom and playground be relocated to higher ground to reduce repeated flood damage. The commission then voted to continue deliberations and keep the hearing open until Feb. 5 to obtain clearer written guidance from the Agency of Natural Resources (ANR) and to ensure compliance with the National Flood Insurance Program (NFIP).

The amendments would use the ordinance’s nonconforming-structure provisions to permit moving preexisting facilities out of the main floodway onto a nearby plateau. A commission member explained the change is intended to reduce the expense and disruption of repeatedly repairing items that are damaged in frequent floods. “This work came about in order to allow that to happen,” the presenter said, describing the park structures as preexisting nonconforming uses that would not likely be permitted if newly proposed in the floodway.

Commissioners emphasized two parallel objectives: to give the town flexibility to relocate and floodproof essential park facilities and to preserve the town’s eligibility for federal flood insurance. Staff reported conversations with ANR floodplain managers (Kyle Medes and Ned Swanberg) and with Regional Planning. ANR staff indicated they could help the town interpret NFIP rules, but flagged wording in the draft ordinance that might cause FEMA to treat certain items as development rather than incidental features. In particular, ANR raised concerns about the proposed category of “incidental structures” (trash cans, picnic tables, dog-waste stations) and the local use of the word “structure” to include nonbuilding elements.

To address that concern, commissioners proposed treating small park fixtures as an already-existing town category called “insignificant activities” while requiring a zoning-administrator permit (not DRB review) so the items would remain permitted but recorded for oversight. Staff said they reviewed the NFIP checklist with Regional Planning and that the town’s current ordinance passed the checklist in 2023; only two checklist items appeared to create potential ambiguity under the proposed wording.

Because ANR staff advised that FEMA can review local ordinances, particularly when flood maps are updated, commissioners decided it was prudent to secure clearer ANR confirmation that the revisions would be considered NFIP-compliant before transmitting the draft to the selectboard. Commissioner Rebecca moved to continue the public hearing to Feb. 5; Allison seconded and the motion passed with one recorded abstention.

The commission left the public hearing open to allow staff to refine language and return with ANR comments in writing. The next Planning Commission meeting on Feb. 5 is expected to include updated draft language and staff’s summary of ANR feedback.