The Flood Insurance Rate Maps (FIRMs) and Flood Hazard Boundary Maps (FHBM) portray the Special Flood Hazard Area (SFHA), within which the purchase of flood insurance is required as a condition for granting a mortgage from a federally-backed or federally-regulated lending institution. The lender or insurance agent must use the boundaries of the SFHAs shown on our maps to determine if mandatory flood insurance applies. Thus, even though a site survey may indicate the homesite is above the Base Flood Elevation (BFE) and is technically outside the floodplain, if the homesite is within the gray shaded area (the SFHA) on the map, flood insurance is required.
The general lack of detailed topographic mapping throughout this nation means that the floodplain boundaries in most communities cannot be accurately mapped. Since, FEMA cannot afford to field check all floodplain boundaries, some areas of high ground are shown as floodplain, and some low areas are not. Or FEMA does not know that your new subdivision or building site has been elevated above flood elevation on compacted dirt fill.
When a LOMA/R is issued removing a building site from the SFHA, the mandatory flood insurance purchase requirement is lifted. However, the lender always has the option of requiring flood insurance anyway. For example, the homesite might be just a few inches above BFE, so the lender feels that there is still a threat of flood damage to their "secured property". Once the flood zone has been changed to B, C, or X, the building qualifies for a PREFFERRED RISK POLICY, the least expensive flood insurance available.
Letter of Map Amendment (LOMA): This is used to revise the SFHA boundary based on detailed elevation surveying and/or topographic mapping of natural conditions. If the homesite and the lowest floor of the building (including basement or garage) is above the BFE, FEMA can amend the map to remove the homesite and other land area from the SFHA.
Letter of Map Revision, based on fill (LOMR-F): When FILL dirt is placed on property to raise the building site above the BFE FEMA can remove the raised area from the boundaries of the SFHA, thus revising the FIRM. This is a man-made change to the floodplain.
A homeowner applicant may apply for a LOMA/R-F using FEMA Form MT-1. These forms are available from all FEMA Regional Offices. A quick call to our Region VII Mitigation Division at: (816) 283-7002 and the application package will be on its way to you.
If you are requesting the removal of only a single residential lot or structure, FEMA has developed the form MT-EZ. This two page form simplifies the amendment/revision process for this activity.
There is no charge for a LOMA because it is based on natural conditions and corrects the FEMA map. A $300 fee is charged for a LOMR-F because the placement of fill is a man-made change to the floodplain. The fee is considered part of the cost of developing in a floodplain.
A homeowner may apply for a LOMA or LOMR-F. However, a Site Plan & Boundary Survey and Elevation Information Form, Elevation Data Sheet, or Elevation Certificate must accompany each application. These must be prepared, sealed and certified by a Registered Land Surveyor. The applicant is responsible for paying for this survey information.
It normally takes 6-8 weeks from the time an application is received until a letter of determination is issued. Applications are processed on a first come, first served basis.
Purchase the flood insurance. If you want to close without waiting 6-8 weeks for the LOMA or LOMR-F to be issued.
No!! Usually, you can get a complete Refund. Please read this quote from the Flood Insurance Manual, Pages CN I and 2:
9. "INSURANCE NO LONGER REQUIRED BY MORTGAGEE BECAUSE PROPERTY IS NO LONGER LOCATED IN A SPECIAL FLOOD HAZARD AREA- Flood insurance was initially required by the mortgagee or other lender because the property was determined to be in a SFHA. Following a map revision, the property was no longer located in a SFHA. A policy can be cancelled provided that the mortgagee confirms in writing that:
(1) the insurance was required as part of the mortgage; and
(2) the mortgagee requirement for flood insurance no longer applies.
Providing no [flood insurance] claim has been paid or is pending, the full premium shall be refunded for the current policy year, and for an additional policy year in those cases where the insured had been required to renew the policy during the period when a revised map was being reprinted. IF A CLAIM HAS BEEN PAID OR IS PENDING, NO REFUND IS ALLOWED."
Fill out, sign and date, the:
1. PROPERTY INFORMATION FORM (page 13 of MT-1 Form).
Include a:
2. SITE PLAN SURVEY (showing the location of buildings) and
3. ELEVATION DATA SHEET, ELEVATION INFORMATION FORM or ELEVATION
CERTIFICATE
Both of these must be filled out, signed, and certified by a Registered Land Surveyor.
Also include:
4. COPY OF DEED AND/OR LEGAL DESCRIPTION
5. COPY OF TAX APPRAISERS PLAT MAP (which shows where the lot is located with respect to neighboring parcels, streets, roads, etc. In other words, it helps us accurately locate the lot.)
6. PHOTOCOPY OF FIRM OR FHBM PANEL IDENTIFYING LOCATION OF LOT
7. PHOTOCOPY OF ROAD MAP IDENTIFYING LOCATION OF LOT
NOTE: This is small print you should read. We cannot begin processing an application without a COMPLETE SUBMITTAL OF NECESSARY DOCUMENTATION. We will send you a letter telling you what is missing. We then wait until the missing information is received. This will delay issuance of your LOMA or LOMR-F.
If the building site has been elevated above BFE by the placement of earth fill, we need confirmation from the municipality or county that the building was constructed in compliance with local floodplain management regulations. So, the applicant must request the local building or zoning office to sign and approve:
8. COMMUNITY ACKNOWLEDGEMENT form (MT-1 Form 4, page 17)
This may be submitted with the application or sent in directly by the community.
All map amendments and revisions should be submitted to:
Federal Emergency Management Agency
Mitigation Directorate
Hazard identification Branch
500 C Street, SW
Washington, DC 20472
Sometimes another government agency has done a flood study and determined flood elevations, or perhaps the lot is in a fairly recent subdivision for which flood elevations were determined as part of the land development process. Check with your local building or zoning office.
Note: NFIP standards state that for development of 5 acres or 50 lots , which ever is lesser, base flood elevations must be provided by the developer.
If there is no existing flood study, one will have to be developed in order to process a LOMA/R. In Nebraska, government officials can request technical assistance for floodplain management from the Natural Resources Commission. Elevations for small scale development can be calculated by NRC staff using "best available data" and provided to communities.
LOMAs or LOMR-Fs in Flood Zone A are usually more complicated. Be prepared!