Section 281.24. Flood risk areas.

(1) Any area which is within the 100-year floodplain of a Great Lake or a connecting waterway, as identified in any of the  approved floodplain delineation studies set forth in this subrule, is designated as a flood risk area. The following floodplain  delineation   studies  are adopted in these rules by reference:

(a)   Flood insurance study, city of Algonac, Michigan, St. Clair county, United States department of housing  and  urban  development,   federal insurance administration, April, 1977.

(b)    Flood insurance study, township of Bangor,  Michigan,   Bay  county, United States department of housing  and  urban   development,  federal  insurance administration, January, 1979.

(c)    Flood insurance study, township of Berlin, Michigan, Monroe county, federal emergency management agency, federal insurance administration, May 3, 1982.

(d)   Flood insurance study, charter township of Brownstown, Michigan, Wayne county, federal emergency management agency, federal insurance administration, February 16, 1982.

(e)  Flood insurance study, township of Caseville, Michigan, Huron county, United States department of housing and urban development, federal insurance administration, February, 1977.

(f)   Flood insurance study, township of Chesterfield, Michigan, Macomb county, United States department of housing and urban development, federal insurance administration, January, 1978.

(g)    Flood insurance study, township of Clay, Michigan, St. Clair county, United States department of housing  and  urban  development,  federal   insurance administration, June, 1978.

(h)    Flood insurance study, township of East China, Michigan, St. Clair county, United States department of housing and urban development, federal insurance administration, January, 1978.

(i)   Flood insurance study, city of East Tawas, Michigan, Iosco county, United States department of housing and urban development, federal insurance administration, September, 1977.

(j)    Flood insurance study, township of Erie, Michigan, Monroe  county, United States department of housing  and  urban   development,  federal  insurance administration, March, 1978.

(k)   Flood insurance study, city of Escanaba, Michigan, Delta county, United States department of housing and urban development, federal insurance administration, September, 1977.

(l)    Flood insurance study, village of  Estral  Beach,  Michigan,   Monroe county, federal  emergency   management  agency,  federal  insurance administration, May 2, 1983.

(m)    Flood insurance study, township  of  Ford  River,  Michigan,   Delta county, United States department of housing and urban development, federal insurance administration, June, 1977.

(n)    Flood insurance study, township of Fort Gratiot, Michigan, St. Clair county, United States department of housing and urban development, federal insurance administration, June, 1978.

(o)    Flood insurance study, township of Fraser, Michigan, Bay county, federal emergency management  agency,   federal   insurance   administration, September, 1979.

(p)   Flood insurance study, township of Frenchtown, Michigan,   Monroe county, United States department of housing and urban development, federal insurance administration, March, 1977.

(q)  Flood insurance study, city of Gibraltar, Michigan, Wayne county, United States department of housing and urban development, federal insurance administration, December, 1978.

(r)   Flood insurance study, city of Gladstone, Michigan, Delta county, United States department of housing and urban development, federal insurance administration, September, 1977.

(s)    Flood insurance study, township of Grosse  Isle,  Michigan,   Wayne county, United States department of housing and urban development, federal insurance administration, February, 1980.

(t)   Flood insurance study, township of Hampton, Michigan, Bay  county, United States department of housing  and  urban  development,  federal  insurance administration, February, 1978.

(u)    Flood insurance study, city  of  Harbor  Springs,  Michigan,   Emmet county, United States department of housing and urban development, federal insurance administration, November, 1976.

(v)   Flood insurance study, township of  Harrison,  Michigan,  Macomb county, federal  emergency  management  agency,   federal    insurance administration, November 5, 1980.

(w)  Flood insurance study, township of Ira, Michigan, St. Clair county, United States department of housing and urban development, federal insurance administration, September, 1979.

(x)   Flood insurance study, township of Kawkawlin, Michigan, Bay county, United States department of housing  and  urban   development,  federal  insurance administration, August, 1978.

(y)   Flood insurance study, township of LaSalle, Michigan, Monroe county, United States department of housing  and  urban  development,  federal  insurance administration, August, 1977.

(z)    Flood insurance study, city of Luna Pier, Michigan, Monroe county, federal emergency management  agency,   federal   insurance    administration, December 1, 1981.

(aa) Flood insurance study, city of Monroe,  Michigan,  Monroe  county, United States department of housing  and  urban  development,  federal  insurance administration, December, 1976.

(bb) Flood insurance study, township of Monroe, Michigan, Monroe county, United States department of housing  and  urban  development,  federal  insurance administration, June, 1977.

(cc) Flood insurance study, city of Muskegon, Michigan, Muskegon county, United States department of housing  and  urban  development,  federal  insurance administration, December, 1976.

(dd) Flood insurance study, township of Muskegon, Michigan, Muskegon county, United States department of housing and urban development, federal insurance administration, August, 1977.

(ee) Flood insurance study, city of New Baltimore, Michigan,  Macomb county, United States department of housing and urban development, federal insurance administration, March, 1978.

(ff) Flood insurance study, city of North Muskegon, Michigan, Muskegon county, United States department of housing and urban development, federal insurance administration, November, 1976.

(gg) Flood insurance study, city of Norton Shores, Michigan, Muskegon county, United States department of housing and urban development, federal insurance administration, September, 1977.

(hh) Flood   insurance  study,  township  of   Pinconning,  Michigan,  Bay county, United States department of housing and urban development, federal insurance administration, March, 1978.

(ii) Flood insurance study, city of St.  Clair,   Michigan,  St.  Clair county, United States department of housing and urban development, federal insurance administration, December, 1977.

(jj) Flood insurance study, township of St. Clair, Michigan, St. Clair county, United States department of housing and urban development, federal insurance administration, February, 1978.

(kk) Flood insurance study, city of St. Clair Shores, Michigan, Macomb county, United States department of housing and urban development, federal insurance administration, February, 1978.

(ll) Flood insurance study, township of Sims, Michigan, Arenac  county, United States department of housing  and  urban  development,  federal  insurance administration, December, 1977.

(mm) Flood insurance study, village of Suttons Bay, Michigan, Leelanau county, United States department of housing and urban development, federal insurance administration, December, 1976.

(nn) Flood   insurance  study,  township  of   Wisner,  Michigan,   Tuscola county, United States department of housing and urban development, federal insurance administration, November, 1977.

(oo) Flood insurance study, city of Wyandotte, Michigan, Wayne county, United States department of housing  and  urban   development,  federal  insurance administration, November, 1977.

(2)   The documents adopted in this rule are available from the Federal Insurance Administration, Federal Emergency Management Agency, 175  West  Jackson Boulevard, Chicago, Illinois 60604, at  a  cost  at  the  time   of adoption of these rules of $5.00 each; the Michigan Department of Natural Resources, Land and Water Management Division, P.O. Box  30028,   Lansing, Michigan 48909, at no charge; and the local unit of government.

(3)    The department may designate additional flood risk areas which are located within the 100-year floodplain of a Great Lake or a connecting waterway. The following information and studies may be used in delineating the flood risk areas:

(a)    Current floodplain information reports by the United States army, corps of engineers.

(b)   Report on Great Lakes open-coast flood levels by  the   United  States army, corps of engineers.

(c)      Current flood hazard analysis studies by the United States department   of housing  and  urban   development,   federal   insurance administration.

(d)   Current flood hazard analysis studies by the United States soil conservation service.

(e)   Engineering studies currently acceptable to the department.

(4)   If the studies listed in subrule  (3)  of  this  rule   are     used    to determine the flood risk  area,  all  of  the  following   procedures   for designation shall be used:

(a)   Not less than 30 days before designation of a flood risk area, the department shall mail predesignation letters to the affected landowners of record as shown in the last assessment roll. The letter shall explain that the property is being considered for designation as a flood risk area. The department shall schedule a meeting before designation to explain the proposed designation to property owners and local governmental  agencies.

(b)    The department shall designate a flood risk area      upon     its      finding that the property lies within the 100-year floodplain of a Great  Lake or  a connecting waterway.

(c)   In designating a flood risk area, the department shall notify the landowner of record and the local governmental agency affected thereby. The notice of designation shall be  delivered  personally  or   sent  by certified mail to the landowner of record at the address given  in  the  last assessment roll.

(d)     The  notice  of   designation  to  affected    landowners    and      local governmental agencies shall include all of the following information:

(i)   The authority and reasons for designation of flood risk areas.

(ii)   A description, graphic or otherwise, of the limits  of   the   flood risk area.

(iii)    An explanation of any regulatory measures which may  be  required  in the flood risk area and the regulatory role of  the   local   governmental agency.

(iv)   The procedure by which the designation may be appealed.

(5)   The department shall consider additional flood risk areas  as  may    be proposed by local governmental agencies, citizens, or  interested  groups.

(6)   In the absence of an approved local ordinance  enacted  pursuant   to the provisions of sections 7, 8, 9, and 10 of the act or other approved ordinance which meets or exceeds the requirements in these rules, a person or local governmental agency proposing a  new    permanent   structure   or   an enlargement of an existing permanent structure on a parcel, any portion of which is in a designated  flood   risk  area,  shall  submit   a permit application to the department for its review. The permit application shall contain all of the following information:

(a)  ) A legal description of the property.

(b)   A description of the proposed permanent structure.

(c)  An elevation survey of the building site by a professional   engineer or registered land surveyor that shows both of the following:

(i)   A temporary bench mark which is within 100  feet  of  the   proposed construction and which states the elevation of the bench mark in relation to the national geodetic vertical datum.

(ii)   The proposed  elevation   of  the  lowest    structural      member    which supports the floor, including the  basement,  but  excluding  all   of   the following:

(A)  The footing.

(B)  ) Pile caps.

(C)  Piling.

(D)  Nonstructural slabs.

(E)  Girders.

(F)  ) Grade beams.

(d)  The means to be undertaken to prevent property loss.

(e)   The signature and address of the applicant.

(7)   A permit application for a new permanent structure on a parcel, any portion of which is in a designated flood risk area, shall be approved if it meets or exceeds the minimum requirements established in   subrule   (10)  or  (11) of this rule.

(8)  Not more than 60 days after receipt of a permit application,  the department shall send a notice of its approval or disapproval to the applicant. The reasons for disapproval shall be stated  and  sent  by certified mail. A permit  application  which does not  require  a  field investigation shall be processed within 20 days.

(9)   Approval of a permit does not exempt the applicant from complying with other statutes, ordinances, or rules and regulations.

(10)   New residential structures in a flood risk area shall be elevated so that the lowest portion of all horizontal  structural  members   which support floors,  excluding footings,  pile   caps,  piling,   nonstructural slabs, girders, and grade beams, is located at or above the 100-year   flood elevation. All basement floor surfaces shall be located at or    above   the 100-year flood  elevation.  New   and  replacement   electrical   wiring and equipment and heating, ventilating, air conditioning, and other service facilities shall be either placed above the 100-year flood elevation or be protected so as to prevent water from entering or accumulating within the system components during floods up  to  the   100-year  elevation.   Duct insulation subject to water  damage  shall not  be   installed   below   the 100-year elevation.

(11)   New nonresidential structures in a flood risk area shall be in compliance with either of the following requirements:

(a)   Meet the requirements of new residential structures as provided for in subrule (10) of this rule.

(b)       Together with attendant utility and sanitary facilities, be certified by a professional engineer or architect to have been designed so that, below the elevation defining the flood risk area, the structure  is   watertight  and  able  to  withstand hydrostatic pressures from a water level equal to the elevation defining the flood risk area. All floor  and  wall penetrations for plumbing, mechanical, and  electrical systems shall be made watertight to prevent flood water seepage or shall be  provided with shutoff valves  or closure devices  to  prevent   backwater   flow   during flooding.

(12)   An existing structure which is not in conformity with the  elevation requirements of a  designated  flood  risk  area  shall  not   be  altered, enlarged,  or   otherwise extended in a manner  that  increases  its nonconformity.  If  a  nonconforming structure  deteriorates  or   becomes damaged, it may be restored to its condition before the deterioration or damage if the repair costs are not more  than  60%   of  the replacement value of the structure in any 12-month period. If, in any 12-month period, the cost of restoring the nonconforming structure is more  than  60%  of  its replacement value, the requirements for new  permanent   structures  shall apply.

(13)   Any aggrieved party who contests the designation of a flood risk area under subrule (4) of this rule or the disapproval of a permit application shall be granted a hearing if a petition is filed  with   the department not more than 60 days after the notice of designation or notice of disapproval is sent. Such petition shall be sent to the director of the Department of Natural Resources, P.O. Box 30028, Lansing, Michigan 48909.The hearing shall be conducted in accordance with the   provisions   of   Act No.

306 of the Public Acts of 1969, as amended, being S24.201    et    seq.  of the Michigan Compiled Laws.

(14)   If the local unit of government has an approved ordinance  enacted pursuant to the provisions of section 7, 8, 9, or 10 of the act or other approved ordinance, the department shall provide a period of 1 year from the date of notification to allow the local unit of  government  to   adopt standards which equal or exceed the requirements in these rules.

(15)   If the department determines that the requirements  set   forth  in these rules are not being upheld by a local unit of government which has an approved ordinance, the department shall contact  the   local  agency  to identify, discuss, and attempt to resolve any problems. If the  problem cannot be informally  resolved,   the  department   shall then notify the community, in writing, of its determination. The notice  shall  contain the specific reasons why the department believes the local unit of government has not upheld the approved ordinance. The local unit of government shall be provided a period of 60 days to  respond  to  the   department.   If   the department further determines that the local unit of government has not made sufficient changes to its ordinance administration or otherwise explained its actions, the department shall withdraw its approval   and assume its flood risk area permitting authority within  the  jurisdiction.

(16)    The landowner of record and the local governmental agency shall be sent a notice by certified mail if the flood  risk   area  designation   is removed.

(17)    All flood risk area designations in existence on the effective date of these rules shall remain in full force and effect.

History: 1979 AC; 1981 AACS; 1992 AACS.