Issues Raised in Local Petition

This is the 4th in a series of installments addressing flood preparedness, control and abatement issues in Miles City. Several questions have been raised recently during the River Awareness Summit, recent meetings in Wards I and II, and in other venues.

The Federal Emergency Management Agency (FEMA), which is modernizing floodplain maps for communities across the country, plans to release the DFIRM at the end of September. Many residents of Miles City have recently signed a petition protesting the yet-to-be-released draft floodplain insurance rate map (DFIRM) for the Miles City area. The petition and signatures were recently sent to the Montana Department of Natural Resources and Conservation (DNRC).

Celinda Adair, the map modernization program coordinator for DNRC, provided a thoughtful and factually accurate response to the petition. I think everyone affected by the proposed map changes will find her letter informative and helpful. That response is provided below.

August 11, 2008

Dear Mayor Whalen:

This letter is in reference to the FEMA Digital Flood Insurance Rate Map (DFIRM) conversion project for Miles City. As you are aware, the goal of this project is to update the effective Flood Insurance Rate Map (FIRM) with the most accurate information available regarding flooding risks in Miles City and convert it to a digital format.

The State of Montana is committed to raising awareness regarding this project and its purpose. Collaboration with Miles City and FEMA resulted in the River Awareness Summit, held on April 29, 2008, in an effort to reach out to Miles City residents. The State is partnering with Miles City to provide additional public outreach by sponsoring a booth at the Miles City Fair Aug. 21 – 24. Recently, the State received a packet of petitions signed by Miles City residents protesting “the acceptance of the proposed new floodplain map and its consequences.” The State is pleased to see that residents of Miles City are engaged in and actively responding to the DFIRM conversion project.

Upon reviewing the petitions, it is clear there are numerous concerns for many residents of Miles City regarding the draft DFIRM and its effects. The State would like to address these areas of concern. To begin, the draft (preliminary) DFIRM for Miles City has not yet been released; FEMA is scheduled to issue it in September of this year. The State recognizes the value of local knowledge and would like to reiterate that Miles City and its residents will have the opportunity to review the draft DFIRM and submit comments and/or formal appeals and protests.

The map that Miles City residents have seen and responded to is the U.S. Army Corps of Engineers (USACE) study map. The USACE study was done separately from the DFIRM conversion project. Upon completion it was sent to FEMA, which reviewed the study, asked the USACE to make revisions, and incorporated the revised product into the draft DFIRM. Miles City residents can compare the USACE study map, which is currently available, with the draft DFIRM when it is released next month.

The petition also questioned the methods and outputs of the USACE study. The following are brief clarifications regarding the issues raised. It is the State’s understanding that the USACE did not include the Miles City dike in their study because the dike is not certified — no testing or analysis has been done to prove that the dike can withstand a flooding event. As a result, the assessed risk for homes, property, and residents presented in the study is based on a scenario in which the dike does not provide protection from flood waters.

In addition, the USACE study identified a Miles City floodway — an area predicted to have the deepest and fastest-moving water in a flood. Floodways are identified in the hope that communities will prevent new buildings or fill from being placed in these high risk regions since they can block floodwater, causing it to back up, which may result in higher floods, bigger floods (more area covered by flood water), and, consequently, more potential damage. However, existing homes are allowed to remain in identified floodways; there is no regulation that forces or requires homeowners to sell or relocate their homes, and minor repairs or improvements can still be made.

Furthermore, regardless of what changes are made to the Miles City flood map, FEMA, the USACE and the State of Montana do not and will not have the power to condemn property within a floodway. For additional information regarding your community’s floodway regulations, please contact John Marks, the Miles City Floodplain Administrator.

I hope these clarifications will aid the ongoing dialogue between Federal, State, and local government agencies and the residents of Miles City. The State of Montana commends the residents of Miles City for their tremendous efforts to promote awareness and become involved in the FEMA DFIRM conversion project.

Sincerely,

Celinda Adair / State of Montana DNRC