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Homeowners battle floodway regulations to build new house

September 10, 2024 | Birmingham City, Oakland County, Michigan


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Homeowners battle floodway regulations to build new house
In a recent government meeting, discussions centered around a property located at 160 Baldwin, which is significantly impacted by floodplain regulations. The existing house on the site is entirely situated within the floodway, limiting the owner's ability to renovate or alter the structure beyond basic maintenance.

The appellant has engaged with FEMA and the Michigan Department of Environment, Great Lakes, and Energy (Eagle) to address these challenges. Their proposal involves demolishing the current house and constructing a new one that complies with local ordinances, although it would still require a variance for the front yard setback.

During the meeting, board members sought clarification on the floodplain regulations, particularly regarding rear setbacks and the implications of the floodway designation. A visual representation was provided, illustrating the floodplain boundaries and the areas where construction is prohibited. According to Eagle's guidelines, building within the floodway is not permitted, and any renovations exceeding 50% of the property's value are also restricted.

The discussions highlighted the complexities property owners face when dealing with floodplain regulations and the necessity for variances to facilitate compliant construction. The board is expected to deliberate further on the appellant's request, weighing the need for adherence to safety regulations against the desire for property development.

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