Participation in the National Flood Insurance Program (NFIP)

The 77th Legislature of the State of Texas amended Subchapter I, Chapter 16, Water Code, by adding Section 16.3145 to read as follows:

The governing body of each city and county shall adopt ordinances or orders, as appropriate, necessary for the city or county to be eligible to participate in the National Flood Insurance Program, not later than January 1, 2001"

How to enroll in the NFIP?

A Community is defined by FEMA as "A political entity that has the authority to adopt and enforce floodplain ordinances for the area under its jurisdiction."

You can click on the Community Status Book which will help you determine if your community is participating or not. If your community is not participating, please follow the following steps which will outline how to apply to enroll in the NFIP.

1. Determine the level of regulations for your community. If you are unsure what level of regulations apply to your community, please feel free to give us a call or email flood@twdb.texas.gov for assistance.
2. Click on the corresponding state model ordinance listed below. These model ordinances can be modified and adopted to meet the conditions of your community. Please note, only the language written in purple text is optional; you can't remove any other text from the models.
3. Consider adopting higher regulatory standard to ensure the protection of lives and property. Also, by adopting higher standards, your community may become eligible to participate in the Community Rating System (CRS) and receive discounts on flood insurance.
   • Optional Higher Standards for Texas Model Flood Damage Prevention Ordinances - this guide pinpoints what language to change and add in the state model ordinances listed below for several common higher standards.
   • Higher Standards Reference Guide For Local Floodplain Management Regulations - this guide includes the language, the context, and the pros/cons for numerous higher standards.
4. In addition to the appropriate level of regulations, adopt a city resolution or county resolution, which commits your community to floodplain management. These resolutions are sample documents and may be modified to satisfy the requirements of your community.
5. Note that it is the responsibility of the community and its legal staff to verify enforcement capabilities and procedures.
6. Last, the application must be completed and submitted to FEMA Region VI along with a signed and sealed copy of your adopted regulations and resolution. Instructions are provided.

State Model Flood Damage Prevention Ordinances

• Model 60.3 (a): No FEMA flood map available
• Model 60.3 (b)(c)(d): FEMA flood map available with riverine floodplains and floodways
• Model 60.3 (c)(d)(e): FEMA flood map available with coastal floodplains and floodways

Recognizing that the cost to produce flood maps is often prohibitive for communities, the model ordinances now address using Base Level Engineering as a method for mapping flood hazard areas that can be adopted and enforced through the ordinance. All model ordinances have been updated to be current with the NFIP minimum regulations and include optional language (purple text) from 44 CFR §60.4 and §60.5 for communities that choose to regulate mudslide/mudflow-prone areas and flood-related, erosion-prone areas (respectively) through their floodplain management ordinance.

Permitting

• FEMA Example Permit Packet
• Sample Permit Form
• Permitting Agency Checklist

Do you have questions, please contact flood@twdb.texas.gov