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Floodplain bylaw updates recommended for NFIP compliance; commission to confer with Planning Board
Summary
A Cape Cod Extension floodplain specialist briefed the Tisbury Conservation Commission on proposed administrative updates to the Local Floodplain Bylaw that will align the town with the 2020 state model and National Flood Insurance Program requirements; commissioners agreed to seek a joint meeting with the Planning Board to determine sponsorship and enforcement authority.
Shannon Hulst, CFM, deputy director and floodplain/CRS specialist with Cape Cod Cooperative Extension, told the Conservation Commission that proposed updates to the town’s Local Floodplain Bylaw are drawn from the 2020 state model and are necessary for continued participation in the National Flood Insurance Program. Hulst said the changes are "administrative in nature with minimal substantive changes," and clarified which FEMA flood zone designations should be named in the local regulation.
Hulst told the Commission the bylaw does need to reference AE, A, VE, V and AO zones but does not need to list older map designations such as "A1–30, V1–30, AR, A99," which are not applicable to current local maps and, in the case of AR/A99, relate to levees not present in the Northeast. Commissioners questioned which municipal board should sponsor the article at Town Meeting; Hulst emphasized the adopting board must have authority to enforce all bylaw provisions and that some towns place floodplain rules under Conservation authority.
Conservation Agent Sean Young recommended adding a requirement that the Commission keep flood height certificates on file. Applicant Chris Alley suggested a procedural change: he recommended that "required certification of floor elevations be submitted in the form of a stamped letter from a licensed surveyor" rather than an insurance Flood Elevation Certificate, arguing the surveyor's letter conveys the same information with less administrative burden. Alley also recommended designating the Conservation Commission as Floodplain Administrator to avoid duplicate reviews by multiple boards when projects already fall under Conservation jurisdiction.
The Commission agreed to request a joint meeting with the Tisbury Planning Board to decide which board should sponsor and enforce the proposed bylaw changes and to continue refining administrative language before placing an article on the Town Meeting warrant.
