On April 12, 2023, Gov. Youngkin signed into law, § 10.1-603 for State agency compliance. This law requires all agencies and departments of the Commonwealth to comply with the Virginia Floodplain Management Standards or the local floodplain management regulations when undertaking development activities in a floodplain.
The Virginia Floodplain Management Standards (draft) have been developed and ready for public comments. Please provide feedback no later than September 9, 2023 via the VA Regulatory Townhall.
Virginia Floodplain Management Standards (draft)
Minimum requirements for participation in the National Flood Insurance Program (NFIP) are outlined in Title 44 of the Code of Federal Regulation (44 CFR), Chapter 1, Subchapter B.
The following sections include the minimum criteria that must be included in a local floodplain management ordinance:
Community participation in the NFIP is voluntary. When a community joins the NFIP, the community must ensure that it has adopted a floodplain management ordinance and enforcement procedures that meet NFIP minimums. In return, the federal government makes flood insurance available for residents of that community. Access to certain disaster aid, grants and loans is also made available to NFIP participating communities.
The goals of the NFIP are to save lives, protect property and encourage a comprehensive approach to floodplain management. It is not to prohibit all development.
Floodplain management regulations are designed to:
The NFIP requires that community ordinances be legally enforceable and uniformly applied throughout the community. NFIP guidance and policies are reviewed periodically and revised when appropriate. When any changes are made or when Flood Insurance Rate Maps (FIRMs) are updated, community floodplain management ordinances also must be revised and updated accordingly.
The NFIP is a federal program that is implemented on a local level. Localities have the authority and responsibility to manage development in the floodplain. Regulations adopted through a local floodplain management ordinance are administered and enforced by the community, not FEMA. Requirements found in a local floodplain management ordinance will be based on flood zones mapped in that community. Use the Virginia Flood Risk Information System to find out more about mapped flood zones in your community.
DCR provides communities with a model ordinance to serve as a starting point when drafting a floodplain ordinance. The state model floodplain ordinance includes minimum requirements for NFIP participation and highlights higher standards that communities can implement. Communities may adopt additional higher standards or to draft their own floodplain ordinance that is not based on the model.
DCR can help localities draft and update floodplain ordinances. When a community adopts or amends a floodplain ordinance, DCR is required to review the adopted floodplain ordinances prior to submission to FEMA.
Those with questions about the ordinance should contact the Virginia Floodplain Management Program staff.