New Marlborough planners move to adopt FEMA-approved floodplain bylaw after NFIP compliance gap identified

New Marlborough — The Planning Board on March 24 heard from Joy Duperault, director of the Massachusetts Flood Hazard Management Program and State NFIP coordinator, that the town participates in the National Flood Insurance Program (NFIP) but currently lacks a locatable floodplain bylaw and is therefore out of compliance with program requirements. Duperault said FEMA is awaiting verification of a bylaw and urged the board to resolve that verification promptly to reduce risk to residents who hold flood insurance.

Duperault outlined a FEMA‑approved model bylaw — a roughly 25‑page template that covers the NFIP’s minimum requirements and the program’s 19 specified elements — and said New Marlborough could adopt the template rather than drafting an entirely new ordinance. She reviewed core elements the bylaw must address, including a stated purpose, adherence to FEMA flood maps (the town’s participation record dates to July 2, 1981), designation of a Floodplain Administrator by position (not by name), permitting rules that bring any structure touching the mapped floodplain under the bylaw’s requirements, and subdivision rules requiring base‑flood elevations for newly created lots.

The board recorded that the Building Inspector has agreed to accept the Floodplain Administrator role if the bylaw is adopted. Duperault stressed that the bylaw elements she described are minimum standards; municipalities may add requirements tailored to local needs. She also said she would provide an agricultural guidance document for questions about farms and structures, and clarified that inland New Marlborough’s relevant flood zones on current maps are ‘‘A’’ and ‘‘AE,’’ with AE maps showing base elevations where available.

John Schreiber of the town’s Conservation Commission told the board the commission had applied for a Municipal Vulnerability Preparedness (MVP) grant to map floodplains and carbon sequestration; he said the commission expected to learn in June whether the town would receive funding. Duperault said maps and technical data created under an MVP grant must be provided to FEMA and that she would include the grant application in her report to FEMA as a mitigating factor and sign of good faith toward submitting a bylaw for the 2027 Annual Town Meeting. She also identified Nadia Madden as her replacement contact as she prepares to retire.

Chair Bob Hartt asked for documentation the Planning Board and Conservation Commission are actively working on a bylaw and for assurances the town’s residents would be ‘‘held harmless.’’ Duperault said she could not promise on behalf of FEMA but agreed to provide email verification of active engagement and contact information for her replacement. The board agreed to proceed with bylaw drafting and to plan for an adoption effort targeting the 2027 Town Meeting.

Next steps noted at the meeting included: the Building Inspector accepting the Floodplain Administrator duties; the Planning Board drafting/adopting a bylaw based on the FEMA template; Conservation Commission staff sharing MVP grant maps and data if awarded; and state FHMP staff providing model language and guidance materials. Duperault and staff provided links to the MVP program, the NFIP, and the Massachusetts Flood Hazard Management Program for reference.