FEMA flood zone rules in Bloomington, MN β also called floodplain regulations or special flood hazard area (SFHA) rules β determine flood insurance requirements and elevation standards for new construction.
Bloomington regulates floodplain development through City Code Sec. 21.208.01 (Flood Hazard (FH) Overlay District), adopted under the authority of Minn. Stat. Ch. 103F (Floodplain Management) and consistent with Minn. Rules Ch. 6120 and 44 CFR Parts 59-72. The FH Overlay is an overlay zoning district encompassing a Floodway and Flood Fringe based on the FEMA Flood Insurance Rate Maps and Flood Insurance Study for Hennepin County, with current FIRM panels effective November 4, 2016. The Minnesota River and its bluff form the principal flood source along Bloomington's southern boundary. A floodplain permit from the Planning Manager is required before any development, and the regulatory flood protection elevation (RFPE) is at least 2 feet above the regional flood elevation.
Minn. Stat. Ch. 103F and Minn. Rules Ch. 6120.5000 to 6120.6200 require local governments containing mapped floodplains to adopt floodplain zoning that meets state and FEMA NFIP minimum standards. Bloomington complies through Sec. 21.208.01 of the City Code (Chapter 21: Zoning and Land Development), establishing the Flood Hazard (FH) Overlay District. The overlay is superimposed over the underlying zoning districts; standards in the FH Overlay are in addition to those of the underlying district. The FH Overlay encompasses the Floodway (the channel and adjacent areas required to carry the regional flood) and the Flood Fringe (the remainder of the Special Flood Hazard Area outside the Floodway). The maps adopted by reference are the Hennepin County FEMA Flood Insurance Rate Maps and Flood Insurance Study, with effective panels dated November 4, 2016, replacing 2004 maps. The Minnesota River along Bloomington's southern edge (and its associated bluff, regulated separately by the Bluff Protection Overlay at Sec. 21.208.02) is the dominant flood source. All lots within the FH Overlay must be able to contain a building site outside of the Floodway at or above the Regulatory Flood Protection Elevation (RFPE), defined as not less than 2 feet above the regional flood elevation plus any increases caused by encroachments. New residential structures are prohibited in the Floodway; in the Flood Fringe, the lowest floor of habitable space must be at or above the RFPE. A floodplain permit must be obtained from the Planning Manager (or designee) prior to erection, addition, modification, rehabilitation, or alteration of any building or structure in the FH Overlay. Bloomington participates in the National Flood Insurance Program; FEMA maintains the authoritative maps via msc.fema.gov and the National Flood Hazard Layer.
Development in the FH Overlay without a floodplain permit, or below the Regulatory Flood Protection Elevation, violates Bloomington City Code Sec. 21.208.01 and Minn. Stat. Ch. 103F. Enforcement may include stop-work orders, citations, administrative penalties, required removal or elevation of non-conforming structures, and denial of certificates of occupancy. Misrepresentation of elevation data on a permit application is independently actionable. Failure of a community to enforce its floodplain ordinance can lead to suspension from the NFIP under 44 CFR Part 59, eliminating federal flood insurance availability for property owners.
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