Michigan Administrative Code
Department - Environmental Quality
Water Resources Division
Shorelands Protection and Management
Section R. 281.24 - Flood risk areas

Universal Citation: MI Admin Code R. 281.24

Current through Vol. 24-04, March 15, 2024

Rule 4.

(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.

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