Interpretation #9505

Submitted on behalf of FDEM Office of Floodplain Management: Local floodplain management ordinances define “Letter of Map Change,” which is an official FEMA determination that revises an effective FIRM or Flood Insurance Study. That definition includes LOMA, LOMR, LOMR-F, and CLOMR. Conditional Letters of Map Revisions (CLOMR) are FEMA’s comments on projects that propose to change SFHA delineations or BFEs; it is only after FEMA review of as-built documentation that FEMA would issue a LOMR for such projects. A building permit for a project that proposes to change SFHA delineations or BFEs can be issued after the applicant obtains a CLOMR. However, the work is “at risk” if the applicant either does not submit the as-builts to FEMA or if FEMA does not approve the as-builts and thus does not issue the LOMR. In practice, the certificate of occupancy can be withheld until FEMA issues the LOMR. The purpose of Sec. 1612.3.1 is to authorize the building official to require one of the two listed actions: either (1) use data from another source or (2) determine the data using accepted engineering practices. The FEMA CLOMR/LOMR process is not the appropriate mechanism to use to determine base flood elevations where not shown on FIRMs (also called approximate or unnumbered Zone A) or for riverine waterways where there are BFEs but floodways are not designated. Florida communities adopt local floodplain management ordinances that are written to coordinate with the FBC. Those ordinances include sections titled “Information in flood hazard areas without base flood elevations (approximate Zone A).” This section has more detail than Sec. 1612.3.1 and, because it is duly adopted by local governments, it can be used instead the two options in Sec. 1612.3.1.