More FAQs About Flood Issues

This is the 2^nd in a series of installments addressing flood abatement in Miles City. The following questions have been recently been raised during both the River Awareness Summit and recent Ward I meetings. A meeting of Ward II voters is scheduled for tonight at 6:30 p.m. at City Hall.

The dike is in good shape and has protected us for years, so why did the Army Corps of Engineers refuse to consider it when they analyzed the flood risk for Miles City?

The levee protecting Miles City from flooding was constructed in 1936 by the W.P.A. The Corps has rated the levee as providing, at best, only 25+ year flood protection and has not certified its construction. FEMA will only recognize certified levees designed to protect a community against a 100 year flood event. In addition, the levee failed its last inspection by the Corps in 1996, which found several deficiencies related to encroachment (vehicle traffic), unwanted levee growth, bank erosion, headgate function and inadequate slope-and-toe. The dike is not in good shape and has failed seven times during flood events since 1944, most recently in 1993.

What is the floodway? How is it different from the 100-year floodplain?

A floodway is described by FEMA as “the stream channel plus that portion of the overbanks that must be free from encroachment in order to discharge the 1%- annual-chance flood without increasing flood levels by more than 1.0 ft. The intention of the floodway is not to preclude development. Rather, it’s intended to assist communities in prudently & soundly managing floodplain development to prevent additional damages to other property owners.” So, the term “floodway” is functional in nature.

The Special Flood Hazard Area, also known as the 100 yr. floodplain, is a “high-risk area defined as any land that would be inundated by a flood having a 1% chance of occurring in any given year. The term “100 yr. floodplain” is a statement of risk.

I’ve heard that if the new floodway map is approved, no new homes could be built and no repairs or improvements could be made to existing residences along the dike. Is that true?

Within a floodway, no new construction that would increase the flood level by 1.0 ft. would be allowed (see above) as long as a community remains within the National Flood Insurance Program(NFIP). On existing structures, “substantial improvements” that increase the value by greater than 50% above the market value of a property, as established before work begins, would be prohibited. However, if the value of improvements is less than 50% of prior market value, then repairs or improvements would be allowed within the NFIP.

I hear if the new flood map is accepted by the Mayor and the Miles City Council, then FEMA and the Army Corps of Engineers will take control of the land near the dike and condemn all of the houses located near the dike. What can we do to save our homes?

Nothing except a threat to personal safety or loved ones is likely to inspire more panic than the threat of losing one’s home. It is the height of irresponsibility to spread the kind of hearsay above. First, it’s inaccurate and, beyond that, it unfairly attributes sinister motives to agencies that work diligently toward the public good.

Furthermore, the City Council and I do not have the ability to accept or reject the map that is eventually adopted by FEMA. The only decision open to us is to remain or to remove this community from the National Flood Insurance Program. Further, neither FEMA nor the Corps have any interest in owning land or condemning property along the dike.

The only potential for eminent domain follows a decision by the City to construct a new levee that requires setback from its current location. That decision would not be made lightly by the Council, would come as a last resort, and would necessarily involve the acquisition of land through a fairly negotiated settlement with each property owner.

Please e-mail your question to me at mayor@milescity-mt.org or write to me at Mayor Joe Whalen, City Hall, P.O. Box 910, Miles City, MT 59301. I look forward to hearing from you.