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On September 29, 2006, the Federal Emergency Management
Agency (FEMA) provided the County with preliminary copies of
an updated Flood Insurance Study (FIS) and Flood Insurance
Rate Map (FIRM). The County provided comments to FEMA on
these items, and FEMA will be issuing the updated FIS and
FIRM for Fauquier County with an effective date of February
6, 2008.
Fauquier County is required, as a condition of continued
eligibility in the National Flood Insurance Program (NFIP)
to adopt updated floodplain regulations that meet all
Federal standards and which reflect the new effective FIS
and FIRM dates before the February 6, 2008 date.
The key update to the ordinance required to maintain
compliance with NFIP is to add the date of the new FIS and
FIRM to the ordinance. This proposed text amendment makes
that change. In addition, staff has provided additional
clarification language in several provisions at the
direction of the Virginia Department of Conservation and
Recreation (DCR) staff, who have indicated such
clarifications are necessary in order to keep Fauquier
County’s floodplain regulations in compliance with Federal
standards. Additional clarifications, including provisions
related to variances were incorporated based on FEMA
comments received by staff on November 26, 2007. These
additional clarifications based on FEMA comment include
incorporation of extensive language related to additional
standards for variances in the floodplain. FEMA has
indicated that the County previously agreed to these
standards (which are based on the National Model Floodplain
Ordinance) and adopted an Administrative Policy to utilize
them. Staff would note that the general standards for
variances in the Zoning Ordinance are far more restrictive,
because of state law, than are the additional FEMA
standards, therefore these standards have virtually no
effect.
The Planning Commission initiated this proposed text
amendment on October 25, 2007. The Planning Commission held
a public hearing on the proposal on November 29, 2007 and
unanimously recommended approval of the amendment. Staff
would further note that the Board of Supervisors must
approve this text amendment, or an alternative amendment
with language satisfactory to FEMA, before February 6, 2008
in order to retain eligibility in the National Flood
Insurance Program.
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