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1. Have properties along the east side of the Wisconsin River been removed from the 100 year floodplain?

Yes. FEMA, the DNR, and the City have finalized an amendment to the mapped floodplain along the east side of the Wisconsin River which removed several properties from the 100 year floodplain and reclassified them to Area with Reduced Flood Risk Due to Levee. Property owners should contact their insurance and/or mortgage companies to determine the status of their flood insurance as it pertains to their property. The successful LOMR process was a result of the generous cooperation of VERSO and Consolidated Water Power Company allowing the City of Stevens Point to construction the additional Seawall on top of the existing Consolidated Water Power Company Seawall.

2. When and how can property owners in the former 100 Year Floodplain quit paying flood insurance?

If a mortgage lender (or any lienholder) imposed a flood insurance requirement as a condition of a loan, it is up to that lender/lienholder to then decide whether to waive their requirement. (Note, flood insurance is not a FEMA requirement; it is a federally banking regulation in the high-hazard flood risk zone on FEMA’s Flood Insurance Rate Map.) In most instances, a federally-regulated lender who imposed the mandatory flood insurance requirement because the real property (the building )securing the loan was “in” the high-risk Special Flood Hazard Area, will oblige the borrower and most likely waive the flood insurance requirement once the lender becomes aware that the flood hazard zone has changed. Most lenders rely on third party “flood certification” vendors to make the flood zone determination, and the entire loan portfolios of the many lenders in Stevens Point can take months to review. Property owners whose lender required them to purchase flood insurance in the area affected by the map revision should contact their mortgage lender as soon as possible and request the lender review the revised flood hazard map and if the lender agrees the risk zone has changed, and the mortgage lender agrees to waive the flood insurance requirement, the property owner’s insurance agent should obtain a written waiver letter from the lender and then request the flood insurance policy be canceled and a premium refund processed. Bear in mind that just because the flood risk zone has changed that does not mean the risk of flooding is eliminated; it means it is lessened. Inexpensive flood insurance is still available outside the high-risk flood hazard area and water does not have to stop when it reaches a line on a map, so we strongly urge property owners to maintain what we call “Peace Of Mind” flood insurance. FEMA’s inexpensive Preferred Risk Policy is available in the low-to-moderate flood risk zones (B, C and X). See Preferred Risk Policy Information

3. Will property owners in the former 100 Year floodplain receive a notice from FEMA?

No, FEMA cannot notify individual policy holders of the map revision, just as we could not notify them of their initial flood risk zone mapping. It is up the property owner to be aware of the flood risk zone affecting them and to make the appropriate risk management decisions. Property owners’ casualty insurance agent should be aware of any changes to the flood risk and advise the client accordingly. And as noted above, any mortgage lender should also be aware of changes. FEMA publishes the flood risk maps and any revisions and amendments at www.msc.fema.gov. Note that the mandatory flood insurance purchase requirement is imposed by federally-regulated mortgage lenders and not by FEMA. State-licensed property casualty insurance agents and brokers are responsible for producing the FEMA-underwritten Standard Flood Insurance Policy to satisfy the lenders’ requirement. FEMA's Flood Map Service Center

4. What is the Flood Zone for Stevens Point?

The 100 and 500 year Flood Zones may be viewed on a Stevens Point map on the FEMA website (click the magnifying glass below the word "view." You do not have to buy the map to look at it).

Stevens Point map on the FEMA website

5. What is a "flood zone determination" as it relates to a mortgage?

Flood Zone Determination is a process used by lending institutions to meet their federal banking regulation requirements to make an evaluation of whether or not the structure that they are processing a loan for is in the one percent chance flood hazard area. Lenders can do this evaluation themselves or, as most elect to do, hire such service provided by firms that make flood zone determinations their sole business.

6. How do lenders find flood zone determination companies?

The Federal Emergency Management's (FEMA) Web site provides a list of companies that are in the business of providing flood determination services. FEMA does not attest to the quality of accuracy of the services offered. That must be determined by potential users of those services. FEMA does not approve, endorse, regulate, or otherwise sanction any company on the list.

Flood Zone Determination Services

7. If a property owner disagrees with the lender's determination that the property is in a floodplain, what can be done?

In some cases, a lender determines that a property is in the Special Flood Hazard Area (SFHA), but the property owner disagrees. The SFHA is also known as the 100-year floodplain. It is more precisely defined as the floodplain associated with a flood that has a one percent annual chance of being equaled or exceeded in any given year. Therefore, the SFHA is not a flood event that happens once in a hundred years; rather, a flood event that has a one percent chance of occurring every year. Property owners in this situation have a couple of options. They may apply for a Letter of Map Amendment (LOMA), or a Letter of Map Revision - based on Fill (LOMR-F) (if fill placement is the basis of the request). In addition, property owners may apply for a Letter of Determination Review (LODR). Forms for these purposes can be found on the FEMA website.

Forms on the FEMA website

8. How do the LOMA or LOMR-F process and the LODR processes work?

Upon receiving a completed MT-EZ (for LOMAs) or MT -1 (for LOMR-Fs) application, FEMA reviews property-specific information including surveyed elevation data; typically the elevation of the lowest adjacent grade of the structure in question, provided by a licensed land surveyor. (Note: The homeowner may be required to hire a licensed engineer or surveyor to perform this elevation survey, if this data is not readily available), and makes a final flood zone determination for the property. Once an application and all necessary data are received, the determination is normally issued within 30 to 60 days. If the LOMA or LOMRF removes the SFHA designation from the property, it can then be presented to the lender as proof that there is no federal flood insurance requirement for the property. However, even though a LOMA or LOMR-F may waive the federal requirement for flood insurance, a lender retains the prerogative to require flood insurance. No fee is charged for the review of a LOMA; however, there is a review fee for a LOMR-F. A listing of all fees associated with flood map reviews can be found on the FEMA website.

In addition, property owners may apply for a Letter of Determination Review (LODR). A LODR is a review of the lender's determination. In other words, the LODR is a process where FEMA reviews the same information the lender used to determine that the structure was located in a SFHA. It is important to note that the LODR process does not consider the elevation of the structure or property above the flood level; rather, it considers only the location of the structure relative to the special flood hazard area boundary shown on the FIRM. Thus, property owners should be aware that the lender does not consider the elevation of the property or structure when determining if the property or structure is in or out of the SFHA. FEMA reviews this information and issues its finding of whether the structure is located in the SFHA according to the current NFIP map. The request for such a letter must be jointly requested by the property owner and the lender no later than 45 days following the date the lender notified the borrower that the property is in a special flood hazard area. While this determination cannot consider the elevation of the structure or property, it can be useful if the property owner feels the lender's interpretation of the map is incorrect.

To summarize, then, there are obviously some important distinctions between the two processes (LODR versus LOMA/ LOMR-F).

1. The determinations are based on different data. The LODR process does not consider the (vertical) elevation of the structure or property above the flood level; rather, it considers only the horizontal location of the structure relative to the special flood hazard area boundary shown on the Flood Insurance Rate Map. The LOMA/LOMR-F process uses actual survey elevation data to determine if the property or structure is at or above the elevation of the SFHA.
2. There are different fees involved. A listing of all fees associated with flood map reviews can be found on the FEMA website.
3. The determinations result in different actions. A LODR does not result in an amendment or revision to the National Flood Insurance Program map. It is only FEMA's finding regarding the structure's location with respect to a delineated special flood hazard area. A LOMA or LOMR-F actually removes the SFHA designation from the property by letter.

Fees associated with Flood Map Reviews

9. Are local officials liable for making flood zone determinations?

The new Fannie Mae/Freddie Mac flood insurance guidelines require lenders to determine whether a structure is in a Special Flood Hazard Area (SFHA). The key distinction for government officials is between providing information and making a determination that a property is in or out of a SFHA. If a local official makes a determination and fills out the Standard Flood Hazard Determination Form (SFHDF), he/she could be liable for inaccuracies or misrepresentations. Local officials' only obligation is to have the information available and accessible to the public, including the determination companies.

In Wisconsin, it is recommended that local officials require the property owner to provide a site plan showing the location of the proposed project in relation to the SFHA. The site plan should be done by a licensed engineer or surveyor.

The above information was obtained from "Floodplain and Shoreland Management Notes", Volume 4, Number 1, Winter 2006, WI Department of Natural Resources.