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UVA law student presents floodplain, stormwater options to Dickinson County; recommends higher safeguards and three VSMP paths
Summary
Katherine Garmer of UVA presented RAFT findings recommending adoption of heightened DCR model floodplain standards (including base elevation plus 18 inches and dryland-access rules) and outlined three stormwater-permitting options under VESMA: local authority, VSMP Lite, or DEQ-run program.
Katherine (Kate) Garmer, a University of Virginia law student working with the Weldon Cooper Center, presented her RAFT (Regional Adaptation Feasibility Tool) review of Dickinson County's floodplain and stormwater ordinances at the June 23 board meeting.
Garmer recommended the county consider adopting heightened standards from the Department of Conservation and Recreation (DCR) model floodplain ordinance. Examples she cited included requiring residential construction to be elevated to base flood elevation plus an additional 18 inches and adopting a "dryland access" standard so that new roads, driveways and parking areas in the special flood hazard area are not overtopped by more than 6 inches in a 100-year flood, preserving emergency access and reducing vehicle loss and entrapment.
She explained that FEMA maps and models can lag local conditions, so a local buffer (the additional 18-inch elevation) helps align ordinances with current and near-future flood risk. Garmer also described the county's stormwater options under the Virginia Erosion and Stormwater Management Act (VESMA) and recent regulations: (1) opt into becoming a VESMP authority (complete local control but requires certified staff and program funding; 28% of permit fees go to DEQ and counties may assess additional fees), (2) VSMP Lite (local inspection/enforcement while DEQ handles plan review), or (3) maintain the status quo where DEQ runs the program.
Garmer recommended the board review proposed ordinance edits and justify any higher standards based on local vulnerabilities, compare DEQ permitting timelines with local capacity and costs, and consider pursuing National Flood Insurance Program community-rating-system credits if higher standards are adopted and more properties participate in NFIP.
Board members asked about DEQ's pace and the county's staffing capacity; Garmer said local control can speed timelines if the county funds certified plan reviewers and inspectors or contracts for that expertise. Supervisors praised the work and requested staff and the RAFT team produce proposed nomination lists for follow-up committees and implementation next steps.
