AB 713

This bill requires that a floodplain determination and floodplain zoning

ordinance conform with a letter of map amendment issued by the Federal Emergency

Management Agency.

Current law prohibits any person from placing or maintaining any structure,

building, fill, or development within any floodplain in violation of a floodplain zoning

ordinance adopted by a county, city, or village or by a Department of Natural

Resources order or determination. Under current law and DNR rule, a county, city,

or village may only amend a floodplain map if it also amends its water surface

profiles and floodplain zoning ordinance and submits these amendments to DNR for

approval.

Under current federal law, FEMA may not offer flood insurance through the

National Flood Insurance Program in a community unless that community adopts

and enforces floodplain management regulations that meet certain NFIP criteria

and are based on flood maps produced by FEMA. Under current federal law, upon

the submittal of scientific or technical information showing that a property's

designation in relation to a flood zone should be changed, FEMA may issue to the

applicant a letter of map amendment (LOMA) that amends the federal flood map

with respect to that property.

Under this bill, on the request of a property owner who has obtained a LOMA,

the county, city, or village in which the property is located is required to amend its

floodplain determination and floodplain zoning ordinance as necessary to conform

with the LOMA and is prohibited from enforcing a floodplain determination or

floodplain ordinance that is contrary to the LOMA. The bill also requires DNR to

consent to such a determination or ordinance amendment.