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Commission discusses flood hazard bylaw choices: FEMA minimums or state higher standard

Montgomery Planning Commission · August 12, 2025
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Summary

Commission reviewed a Vermont Model Flood Hazard Bylaws crosswalk and discussed whether to adopt NFIP (FEMA) minimums or the State's higher standards; commissioners noted flood hazard bylaws are required to participate in flood insurance programs and applied differently for new construction and substantial reconstruction.

The commission reviewed Appendix D, a crosswalk of Federal NFIP minimum requirements and the Vermont Model Flood Hazard Bylaws. Ellen Fox (Zoning Administrator) and Emily Klofft summarized key differences: the model recommends additional measures such as 2 feet of freeboard above base flood elevation, prohibitions on new critical facilities in flood hazard areas, compensatory storage to avoid net loss of floodplain volume, and cumulative tracking for substantial improvements to trigger compliance.

Commissioners discussed that towns choosing only the NFIP minimums remain eligible for federal flood insurance but may be less competitive for certain hazard‑mitigation funding; the minutes record that the PC can decide line‑by‑line whether to adopt State or federal standards. The commission noted updated flood hazard bylaws apply to new construction and to substantial reconstruction (50% or more), and that bylaws must include flood hazard provisions to maintain participation in flood insurance programs.