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Draft rules: homeowners in mapped floodplain may face elevation requirements after major damage or improvements
Summary
The draft flood hazard area regulations keep the prohibition on new residential builds in mapped floodplains and clarify that substantial damage or cumulative improvements trigger elevation to 2 feet above base flood elevation; the bylaw counts improvements over a three-year period and accessory structures are treated differently.
The draft updates presented to the Select Board maintain that new residential construction is not allowed in the mapped floodplain and that substantially damaged or substantially improved principal structures must be elevated when rebuilt. Kyle Catz explained the threshold that triggers the requirement: when flood-related damage exceeds 50% of a property's pre-flood value.
"...the damage following a a flood exceeds 50% of the the value of the property pre flood," Kyle said while explaining the substantial-damage rule. He also described how the bylaw treats improvements cumulatively over a three-year window to prevent incremental work from avoiding the threshold, and said that when reconstruction is required it should elevate the structure two feet above the base flood elevation.
Accessory structures such as garages remain largely permitted but must meet construction measures to allow the passage of water (for example, with flood vents) so they are less likely to be washed away or to cause downstream infrastructure damage. Kyle and the chair also noted that mortgage lenders often require flood insurance for properties in mapped flood zones and that premiums are determined by insurers based on base flood elevation and structure-specific characteristics rather than the local bylaw alone.
The board plans a follow-up meeting to consider adoption; homeowners affected by the draft should monitor the town postings and FEMA/DEC map updates to understand how changes will affect specific properties.
