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Lynn Sawyer, FEMA, and Katie Niemi, FWS
The Federal Emergency Management Agency (FEMA) and the National Flood Insurance Program (NFIP), in conjunction with the U.S. Fish & Wildlife Service (FWS), are collaborating to expedite Coastal Barrier Resources Act (CBRA) determinations associated with Hurricane Irene and Tropical Storm Lee. In May 2011, FEMA and FWS committed to: (1) expanding an existing Interagency Agreement to facilitate a digital conversion of the official Coastal Barrier Resources System (CBRS) maps and improve the integrity of the CBRS boundaries depicted on Flood Insurance Rate Maps (FIRMs); (2) developing an online CBRA mapper that will allow the insurance community and the public to view CBRS boundaries online; and (3) streamlining the process for determining whether properties are located within the CBRS. These interagency efforts will produce CBRS data that are more accurate and mapping tools that are more user-friendly, thereby resulting in the reduction of erroneous flood insurance policies within the CBRS.
The Coastal Barrier Resources Act (CBRA)
What is the CBRA? The CBRA of 1982 established the CBRS, a defined set of geographic units along the coasts of the Atlantic Ocean, Gulf of Mexico, Great Lakes, Puerto Rico, and U.S. Virgin Islands. Congress enacted CBRA to minimize the loss of human life in high flood and hurricane areas, and to lessen the damage to natural resources associated with coastal areas.
Coastal barriers are unique land forms that provide protection for a broad range of aquatic habitats and serve as the mainland’s first line of defense against the impacts of severe coastal storms and erosion. Located at the interface of land and sea, these areas are at high risk of damage from weather and the effects of human presence can be damaging to the flora and fauna native to those areas.
FWS is responsible for administering CBRA. Other Federal agencies, including FEMA, are responsible for complying with CBRA. Most new Federal expenditures and financial assistance, including Federal flood insurance, are prohibited within the CBRS. CBRA does not prevent development, and it imposes no restrictions on development conducted with non-Federal funds.
The CBRS section in the NFIP Flood Insurance Manual provides guidance on how an agent should handle insurance sales in coastal areas. The Manual offers information about the CBRS, including a list of communities that contain CBRS areas, definitions, and information on how to determine property eligibility if located in a CBRS area or an otherwise protected area (OPA).
Some Structures within the CBRS Are Eligible for Federal Flood Insurance
Keep in mind that buildings may be eligible for flood insurance even if they are located in the CBRS defined areas. Eligibility depends upon which Act included the area within the CBRS and on when the building was built. The CBRS also includes areas that are designated as OPAs. CBRA’s only Federal funding prohibition within OPAs is on Federal flood insurance.
OPAs are generally composed of lands held by a qualified organization primarily for wildlife refuge, sanctuary, recreational, or natural resource conservation purposes. The boundaries of these units are generally intended to coincide with the boundaries of conservation or recreation areas such as state parks and national wildlife refuges. Buildings located in an OPA, however, may be eligible for flood insurance if they are used in a manner consistent with the purpose for which the area is protected, regardless of the date of construction.
Calculating eligibility is really a matter of knowing the date the building permit was issued for the structure, and the location in relation to the CBRS boundary. For OPAs, the use and location are what matter. See the NFIP Flood Insurance Manual for specifics about calculating eligibility.
Expediting Determinations from Irene and Lee
Keep in mind that the process described herein may differ from regular CBRA determinations. This process is to be used only for properties affected by Hurricane Irene and Tropical Storm Lee. As always, FWS makes the official “in/out” CBRA property determinations. Insurance agents and insurance companies can submit requests for expedited CBRA determinations related to both storms by submitting their requests via email to CBRAdeterminations@fws.gov.
Submitting Information to the U.S. Fish & Wildlife Service
The following information should be submitted to FWS:
- a valid property address;
- policy number;
- WYO insurance company underwriter’s name, telephone number, and email address;
and
- Latitude/longitude coordinates of the structure.
Finding the Longitude and Latitude
Latitude and longitude coordinates can be obtained from one of several web-mapping applications, such as Google Maps (https://maps.google.com) and iTouchMap (http://itouchmap.com/latlong.html). Various applications for smartphones can also be used to obtain coordinates. When locating the coordinate, the point should be placed as close to the center of the structure as possible. If the marker appears in the wrong location, you should manually find the correct location. The coordinate value should be accurate to six decimal places when using decimal degrees (example: 38.588973, -77.008892) or two decimal places when using degrees, minutes, and seconds (example: 38° 35’ 20.30”, -77° 0’ 23.01”).
Remember, any web application can be wrong about the location of an address. You must verify that the web application has correctly located the property before using its coordinates.
Requester Notification
FWS will send a response email within 30 days of their receipt of your inquiry. The response will include a determination of whether the property is “in” or “out” of the CBRS and a map image with the property identified. If the property is located within the CBRS, the FWS response will also include the prohibition date for Federal flood insurance.
Information about the regular CBRS process can be found in the CBRS section of the NFIP Flood Insurance Manual, as can the list of NFIP communities that may have CBRS areas in them.
Where can I get more information?
U.S. Fish & Wildlife Service website – http://www.fws.gov/CBRA
Download digital CBRS boundaries or view CBRS unit boundaries with Google Earth – http://www.fws.gov/CBRA/Maps/Boundaries.html
FEMA website – http://www.fema.gov/plan/prevent/floodplain/nfipkeywords/cbrs.shtm
FEMA CBRS page (for technical information and links) – http://www.fema.gov/business/nfip/cbrs/cbrs.shtm
CBRS Flood Insurance Rate Map panel database – http://www.fema.gov/business/nfip/cbrs/cbrs.shtm
NFIP Flood Insurance Manual – http://www.fema.gov/business/nfip/manual.shtm
NFIP regulations (44 CFR, Part 71) – http://www.access.gpo.gov/nara/cfr/waisidx_10/44cfr71_10.html
Katie Niemi has served as the National Coastal Barriers Coordinator at the U.S. Fish & Wildlife Service for eight years. Prior to that, she worked at the National Oceanic and Atmospheric Administration.
Lynn Sawyer has worked with the NFIP in the Underwriting and Operations Management Branch for 15 years, Prior to that, she worked with a contractor on the NFIP Bureau & Statistical Agent contract, the NFIP Direct Servicing Agent, and in the property & casualty insurance industry as an underwriter for a major insurance company.
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