Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Fema Floodplain Enforcement topic
No spam. Unsubscribe anytime.
Belmont weighs enforcement options after FEMA flags Gardners Road property as below base flood elevation
Summary
Town staff told the Select Board that a surveyor-initiated letter to FEMA identified the property at 190 Gardners Road as below the base flood elevation; FEMA says the town must enforce compliance or risk losing eligibility for the national flood insurance program, and legal counsel recommended sending a formal notice to the homeowner.
Belmont officials told the Select Board they are confronting a FEMA-related compliance issue at 190 Gardners Road that could threaten municipal flood insurance eligibility if not addressed.
Staff said a surveyor’s letter of map amendment submitted to FEMA indicated the primary structure on the property was built below the base flood elevation (BFE). FEMA responded last April, staff reported, and the town’s exchanges with FEMA and the state have continued throughout the year. Meeting discussion described several remediation options FEMA expects to be completed to meet the agency’s standard: fill or otherwise remove below-BFE spaces, relocate mechanical systems above the BFE, and install flood openings or raise garage slabs by inches, depending on which element FEMA deems noncompliant.
Town staff and legal counsel informed the board that FEMA considers the municipality the enforcer of the floodplain ordinance; if the town does not enforce the ordinance the agency has warned that the town’s participation in the National Flood Insurance Program could be jeopardized. Legal counsel recommended issuing a formal letter to the homeowner noting the deficiencies and the required corrections; board members discussed but did not immediately authorize litigation and instead preferred to meet with FEMA and state representatives to clarify which maps and bases will govern enforcement.
The board agreed to pursue additional meetings with FEMA and the state to obtain usable flood-elevation documentation and to hold off on litigation until staff and legal counsel have met with federal and state contacts. The Select Board directed staff to keep the board updated on next steps.
