Staff briefs board on FEMA CAV and proposed floodplain ordinance updates

Essex County staff provided a detailed primer on floodplain management and the county’s National Flood Insurance Program (NFIP) responsibilities after a FEMA Community Assistance Visit (CAV) identified program deficiencies. The presenter told the Board of Zoning Appeals that FEMA “found a lot of deficiencies” and that the county must update its floodplain ordinance, address a handful of permitted properties that do not fully meet NFIP requirements and consider how federal elevation and freeboard standards apply to local parcels.

Staff explained key concepts that affect permitting and variances: the NFIP’s mapping zones (AE, VE, shaded/unshaded X), freeboard requirements used locally (Essex’s freeboard is 12 inches), and the substantial improvement/substantial damage threshold (50 percent) that triggers elevation or compliance obligations when applied to a structure. The presenter summarized that some buildings are “pre-FIRM” (built before the community’s first FEMA map adoption, Dec. 16, 1988) and therefore grandfathered under older rules, but major repairs or rebuilding can move a structure into current standards.

The briefing spelled out enforcement implications. Staff said the county may need to pursue after‑the‑fact floodplain variances or other remedies for a small number of properties that were permitted but do not fully match NFIP rules; if unresolved, that could jeopardize property owners’ ability to obtain federal flood insurance. Staff emphasized that the county’s ordinance is being revised and that the Board will be kept informed and may be asked to review draft language; the presenter invited the board’s feedback on specific wording and called out potential case-by-case handling of substantial improvements.

Panel discussion touched on trade-offs in NFIP policy: one board member noted the program’s original intent to move development to higher standards and said that, in practice, federal insurance can act as a “carrot and a stick.” Staff described how map updates and zones (including VE areas subject to wave action) can change the compliance obligations for a property owner and gave a recent local example of a property that, after storm damage and map changes, could no longer add solid foundation additions without meeting VE-zone standards.

The board was advised that following ordinance updates staff will ask for the board's review of specific cases and that a few after‑the‑fact variances may appear on future dockets as the county remediates the CAV list.