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03/03/2021 08:15 AMThe Coastal Resiliency Committee (CRC) is proposing a modification to the town’s flood plain ordinance that will initially affect about 150 dwellings in areas near the coast, with the goal of getting Madison in line with other towns along the shoreline as well as tweaking other ways the town handles coastline construction.
At the highest level, the ordinance would raise the flood plain level to two feet over a defined base flood elevation (BFE), which has been encouraged by the state, though some on the CRC said that was something of a minimum.
The current ordinance sets the flood plain at one foot above BFE.
“I definitely think this is something we’re going to need to look at again, a year or two or three from now,” said CRC member Woodie Weiss. “The state has codified a 20-inch sea level rise by 2050. We’re in 2021, so that’s 29 years. People spending a great deal of money on a home near the water certainly would hope that it would last longer than 29 years.”
The BFE is defined as the crest of a FEMA-designated 100-year flood, a flood that has a one percent chance of occurring in any given year.
The ordinance will apply the new standards to any new constructions or those making substantial improvements (defined as anything costing 50 percent of “current market value” of the structure over a single year) to property already in the zone.
In the future, CRC members said it will be wise to also consider adding to the ordinance certain river-adjacent zones that are also in danger of flood.
A five-year “look back” period is also being proposed, which is meant to discourage property owners from simply spreading out their improvements over time to avoid bringing them into compliance with the new regulations.
Currently, homeowners can simply spread improvements out over a year to avoid bringing their structures into compliance. Making that period five years encourages people to invest in making their homes safer in alignment with the new standards, according to Weiss.
Weiss added that changes would be phased in over time in order to lessen the potential burden on property owners, starting with a three-year look-back that would eventually grow to five.
“We have to make these homes safer; we have to make these homes more resilient. We don’t want it to come as an unnecessary shock,” Weiss said.
About two years ago, Madison discussed many of these specific changes, including a two-foot BFE ordinance and the five-year look back period. Those conversations eventually led to the formation of the CRC in summer 2019.
CRC members noted that neighboring towns have similar ordinances and look-back periods. Currently all state or federal buildings and buildings that are funded by the state or federal government must be at two feet above BFE, according to Weiss.
Additionally the CRC is recommending updating the process by which property owners can appeal for a variance from the new ordinance. Currently there is a variance process, but that process is administered by the Flood & Erosion Control Board, which is essentially dormant, with only one sitting member along with four vacancies.
CRC member Walter Welsh said he didn’t think there had been any recent requests for variances under the current ordinance. It wasn’t clear whether the Flood & Erosion Control Board would be revitalized or a new body would oversee these appeals.
First Selectman Peggy Lyons said there would be an “educational process” to make sure that residents and property owners understand “the bigger picture issues that are happening here.”
“It is going to be changes, but everything is going in this direction. The state is definitely going in this direction,” Lyons said. “So it’s important that we start updating, modernizing, and being proactive with these things.”
Lyons said a public hearing and presentation by CRC members would be the next step, with the Board of Selectmen allowed to eventually vote on the change and no requirement for a town meeting or referendum. The BOS added the flood plain ordinance item to an already scheduled public hearing (concerning an unrelated matter) on Monday, March 22.