Central ND News

The Federal Emergency Management Agency (FEMA) has issued a final public notice regarding its plan to review and potentially approve community-wide basement exceptions for residential construction in Cass County, North Dakota. These exceptions would allow basements to be built below the Base Flood Elevation (BFE) in areas designated as Special Flood Hazard Areas (SFHA), as part of the National Flood Insurance Program (NFIP).

FEMA stated that the review and approval process will adhere to federal regulations under Title 44 of the Code of Federal Regulations § 60.6, along with compliance requirements from Executive Orders 11988 and 11990 concerning floodplain management and wetland protection. The agency noted that all actions impacting floodplains or wetlands must undergo assessment for alternative locations, as well as consideration of social, economic, historical, environmental, legal, and safety factors.

According to FEMA: "The review process will focus on ensuring that the proposed community-wide basement exceptions are designed and implemented in a manner that minimizes flood risk and preserves the floodplain's natural and beneficial functions."

The agency also said it found no feasible locations outside of floodplains or wetlands for these exceptions since they apply specifically within SFHAs. FEMA clarified: "No practicable alternative locations outside the floodplains were identified as the regulatory exception applies only to activities within the SFHA. The community-wide basement exception does not alter floodplain characteristics or increase the risk of flood loss as the action does not permit the placement of structures but rather allows for a specific construction type of homes with basements to be built."

The statement emphasized that this measure does not promote additional development within floodplains but ensures any construction complies with existing standards set by local authorities. FEMA added: "FEMA does not make land use decisions, the land in question is privately held, and approval for the development of the land to construct the underlying structure has already been provided by the appropriate local authorities. The Agency is not supporting development of floodplains; rather, it is ensuring that the structures comply with the appropriate standards."

An analysis was performed by FEMA addressing possible impacts such as increased flood risks, effects on natural functions of floodplains, potential damage from flooding events, and social or economic consequences if damages occur. To reduce risks associated with building basements below BFE in these zones, FEMA said mitigation measures may include improved dry floodproofing methods, enhanced drainage systems for basements, and resilient construction techniques.

"This final notice will be the only public notice for the approval of community-wide exceptions under the NFIP. This notice and the 8-step process analysis applies to all communities within Cass County that are or may be seeking a community-wide basement exception," according to FEMA.

Members of the public can submit written feedback about this proposal within ten days by contacting FEMA at fema-r8ehp@fema.dhs.gov with “NFIP Regulation - Communitywide Basement Exception” in the subject line.

For further information about this process or how it affects local policies regarding residential basement construction in Cass County’s special hazard areas, Tyler Spomer serves as State NFIP Coordinator and can be reached via email at tlspomer@nd.gov or by phone at 701.328.2452.