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The purpose of this process is to promote public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

  1. Protect human life and health;
  2. Minimize expenditure of public money for costly flood control projects;
  3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
  4. Minimize prolonged business interruptions;
  5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer lines, streets and bridges located in floodplains;
  6. Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and
  7. Ensure that potential buyers are notified that the property is in a flood area.
 
Before doing any work within a floodplain, please download and fill out the application for floodplain development and meet with the City to obtain proper permitting and approval.
What is a Floodplain?
A floodplain is typically a lowland area adjoining a watercourse. At a minimum, the area is subject to a 1% or greater chance of flooding in a given year.  The 100-Year Storm is not a storm that occurs once every 100 years.

A floodway is the part of a watercourse that provides most of the conveyance for a flood event.  Specifically, it is the channel of a watercourse and adjacent land areas that must be reserved to discharge the base flood without cumulatively increasing the water surface more than one foot above the base flood elevation and without creating hazardous velocities.

The Federal Emergency Management Agency (FEMA) has mapped the floodplains of most of the major channels in Caldwell.  These floodplains are shown on Federal Insurance Rate Maps (FIRM) and are the basis for flood insurance rates.  These maps are located at City Hall and are available for review.
Floodplain Development Permit
Development of Flood Hazard Areas

A Development Permit is required when a developer wishes to build in or alter the character of property identified in the 100-year regulatory floodplain. If any proposed grading or improvements involve property in the floodway, a hydraulic flood study prepared by an engineer licensed in the State of Texas is required. The applicant’s engineer will need to submit the study and supporting hydraulic data to the City’s Engineering Department. This information will be reviewed by the Federal Emergency Management Agency (FEMA) as well as the City. The appropriate FEMA application forms and fees will also be required at the time of submission.

NOTE: A detailed study may also be required for development in areas that do not yet have a mapped floodway but have been identified as floodplains. If the proposed grading or improvements only involve property in the floodplain fringe, a development plan and permit application (with the appropriate certifications) will need to be submitted to the City for review and approval only. After construction, elevation certificates will be required as applicable to the project.

Requirements associated with property in the Floodplain:
  • Floodplain Development Permit
  • Minimum Finish Floor Elevations (Elevation Certificates)
  • No encroachments in a floodway without study
  • May require detailed study if located in a FEMA undetermined flood hazard zone
Floodplain Development Standards

Section 3.05.082 Specific Standards

In all areas of special flood hazards where base flood elevation data has been provided as set forth in section 3.05.007, section 3.05.042(8), or section 3.05.083(c), the following provisions are required:
  1. Residential construction. New construction and substantial improvements of any residential structure shall have the lowest floor (including basement) elevated to or above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the floodplain administrator that the standard of this subsection, as proposed in section 3.05.043(a)(1), is satisfied.
  2. Nonresidential construction. New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to or above the base flood level or, together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the floodplain administrator.
  3. Enclosures. New construction and substantial improvements with fully enclosed areas below the lowest floor that are used solely for parking of vehicles, building access, or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
    1. A minimum of two openings on separate walls having a total net area of not less than 1 square inch for every square foot of enclosed area subject to flooding shall be provided.
    2. The bottom of all openings shall be no higher than 1 foot above grade.
    3. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
  4. Manufactured homes.
    1. Require that all manufactured homes to be placed within Zone A on a community’s FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include but are not limited to, the use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
    2. Require that manufactured homes that are placed or substantially improved within zones A1-30, AH, and AE on the community’s FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
    3. Require that manufactured homes being placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1-30, AH, and AE on the community’s FIRM that is not subject to the provisions of subsection (4) of this section be elevated so that either:
      1. The lowest floor of the manufactured home is at or above the base flood elevation; or
      2. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
  5. Recreational vehicles. Require that recreational vehicles placed on sites within zones A1-30, AH, and AE on the community’s FIRM either:
    1. Be on the site for fewer than 180 consecutive days;
    2. Be fully licensed and ready for highway use; or
    3. Meet the permit requirements of section 3.05.043(a) and the elevation and anchoring requirements for “manufactured homes” in subsection (4) of this section.
A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions.

Sec. 3.05.083     Standards for subdivision proposals

  1. All subdivision proposals, including the placement of manufactured home parks and subdivisions, shall be consistent with sections 3.05.002, 3.05.003, and 3.05.004 of this article.
  2. All proposals for the development of subdivisions, including the placement of manufactured home parks and subdivisions, shall meet the floodplain development permit requirements of section 3.05.008 and section 3.05.043 and the provisions of this division.
  3. Base flood elevation data shall be generated for subdivision proposals and other proposed development, including the placement of manufactured home parks and subdivisions, which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to section 3.05.007 or section 3.05.042(8) of this article.
  4. All subdivision proposals, including the placement of manufactured home parks and subdivisions, shall have adequate drainage provided to reduce exposure to flood hazards.
  5. All subdivision proposals, including the placement of manufactured home parks and subdivisions, shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage.

Sec. 3.05.085     Floodways

Located within areas of special flood hazard established in section 3.05.007 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters, which carry debris, potential projectiles, and erosion potential, the following provisions shall apply:
  1. Encroachments are prohibited, including fill, new construction, substantial improvements, and other development, within the adopted regulatory floodway, unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in an increase in flood levels within the community during the occurrence of the base flood discharge.
  2. If subsection (1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this division.
  3. Under the provisions of 44 CFR chapter 1, section 65.12, of the National Flood Insurance Program regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first completes all of the provisions required by section 65.12.
Elevation Certificate
The Elevation Certificate is an important administrative tool of the National Flood Insurance Program (NFIP).  It is to be used to provide elevation information necessary to ensure compliance with community floodplain management ordinances, to determine the proper insurance premium rate, and to support a request for a Letter of Map Amendment or Revision (LOMA or LOMR-F). The Elevation Certificate is required in order to properly rate post-FIRM buildings, which are buildings constructed after publication of the Flood Insurance Rate Map (FIRM). The Elevation Certificate is not required for pre-FIRM (prior to 11/19/1980) buildings unless the building is being rated under the optional post-FIRM flood insurance rules.

As part of the agreement for making flood insurance available in a community, the NFIP requires the community to adopt a floodplain management ordinance that specifies minimum requirements for reducing flood losses. One such requirement is for the community to obtain the elevation of the lowest floor (including basement) of all new and substantially improved buildings and maintain a record of such information.  “Substantial improvement” means any reconstruction, rehabilitation, addition, or other improvements to a structure, the total cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. The Elevation Certificate provides a way for a community to comply with this requirement.

Use of this certificate does not provide a waiver of the flood insurance purchase requirement.  Only a LOMA or LOMR-F from the Federal Emergency Management Agency (FEMA) can amend the FIRM and remove the Federal mandate for a lending institution to require the purchase of flood insurance.  However, the lending institution has the option of requiring flood insurance even if a LOMA/LOMR-F has been issued by FEMA.  The Elevation Certificate may be used to support a LOMA or LOMR-F request.  The lowest floor and lowest adjacent grade elevations certified by a surveyor or engineer will be required if the certificate is used to support a LOMA or LOMR-F request.

This certificate is used only to certify building elevations.  A separate certificate is required for floodproofing.  Under the NFIP, non-residential buildings can be floodproofed up to or above the Base Flood Elevation (BFE).  A floodproofed building is a building that has been designed and constructed to be watertight (substantially impermeable to floodwaters) below the BFE.  Floodproofing of residential buildings is not permitted under the NFIP unless FEMA has granted the community an exception for residential floodproofed basements.  The community must adopt standards for the design and construction of floodproofed basements before FEMA will grant a basement exception.  For both floodproofed non-residential buildings and residential floodproofed basements in communities that have been granted an exception by FEMA, a floodproofing certificate is required.

These certificates are prepared by Engineers, Architects or Land Surveyors registered in our State.   Blank forms and instructions for completion may be found on the FEMA Elevation Certificate page.

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