Climate Resilient Land Use: Floodplain Overlay Districts

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Climate Resilient Land Use: Floodplain Overlay Districts

Floodplain Overlay Districts

All communities that participate in the National Flood Insurance Program (NFIP) are required to enforce minimum NFIP regulations through the adoption of a Floodplain Overlay District. The Floodplain Overlay District must encompass the FEMA Special Flood Hazard Area (SFHA), also known as the 1% chance or the 100-year flood zone. The Massachusetts Flood Hazard Management Program has developed a model Floodplain Bylaw/Ordinance that identifies required and recommended language. The model includes minimum state requirements (building code, wetlands and others) that apply in the SFHA.

Limitations and restrictions associated with FEMA flood maps and the state building code can make it difficult to craft regulations that will reduce flooding and flood damage. Despite the challenges, many communities have gone beyond minimum federal and state requirements to reduce their vulnerability to flooding. Strategies include expanding overlay districts beyond the SFHA, prohibiting construction in the SFHA, requiring special permits for construction, protecting flood storage, and more. As seas rise and precipitation increases, these are important tools for protecting communities and overcoming the current limitations in FEMA flood maps and building code regulations.

This page provides short summaries of key features of regulations based on desktop review. Links to the regulations are provided below. Conduct careful review when considering adopting new language. The resources included do not constitute legal advice. Municipalities should consult legal counsel when adopting new bylaws, ordinances, and policies.

Did we miss something? Do you have regulations or policies that should be added to this website? Do you need assistance? For additions, corrections, or questions please contact [email protected].

Strategies to Strengthen Floodplain Overlay District Requirements

Floodplain Zoning Relief

A number of coastal communities have adopted language that encourages elevating buildings or utilities in the FEMA 1% flood zones to, or above, base flood elevation.

Establish a Strong Purpose for Your Bylaw/Ordinance
Restrict Development
Incorporate Sea Level Rise
Expand the Floodplain District
Require Special Permits
Limit Expansion of Existing Structures
Protect Flood Storage Volume
Require Vehicular and Pedestrian Access
Lot Area