Floodplain

Once a permit application for a new construction project is started, ES Staff will review it and determine what FEMA regulations it must abide by. The following are the most common requirements for SFHA construction:

• If a SFHA crosses through a parcel that is applying for a permit, regardless of what type of zone or to what degree it lies within the parcel, a Floodplain Notice is required (see the “Floodplain Notice Process” dropdown below). For some projects where part of the parcel lies within a SFHA, but the construction envelope is outside of the SFHA, a Floodplain Notice is all that is required in terms of FEMA regulations.
• If a project is building or grading within a SFHA it must follow the provisions for flood hazard reduction as laid out in MCCO 16.16.050 and FEMA regulations. These include, but aren’t limited to, the following: 
  • Anchoring of structures
  • Using Flood resistant construction materials
  • Elevating all elements that function as part of the structure a minimum of one (1) foot above the base flood elevation or depth number specified on the FIRM
  • Flood opening designs to allow floodwater to enter and exit a fully enclosed areas that is usable solely for parking of vehicles and storage
• Elevation Certificates for new construction, including structural and non-structural additions, by a licensed professional (surveyor or civil engineer) stating that the top of the lowest floor’s foundation is raised to a minimum of one foot above the base flood elevation (MCCO 16.16.050).
• A Hydrologic and Hydraulic Analysis must be done to prove any fill, new construction, substantial improvements, and other development within the Floodplain won’t raise the BFE greater than 1 foot. This will culminate with a “No Rise Certification”, stating that the proposed work won’t result in an increase in the BFE of more than 1 foot, and it won’t have harmful effects on your property and the properties around it.

If a property owner already has a notarized and recorded Floodplain Notice, provide a scanned copy to ES Staff. If there is not a Floodplain Notice on record, follow the steps below:

1. ES Staff or the assigned Permit Technician will provide the Floodplain Notice Form. Complete page 2 of the form and ensure the “Legal Description” of the parcel is sourced from the Grand Deed.
2. Get the form notarized on page 3.
3. Get the form recorded via a stamp on the top right corner of Page 1, either in person at the County Monterey Clerk-Recorder Office, or online through the Electronic Recording Delivery System.
   NOTE: The County of Monterey Recorder’s Office can record documents from 8:00am – 4:00pm and are closed for lunch from 12:00pm – 1:00pm.
4. Submit the completed, notarized, and recorded form to the assigned Permit Technician or ES Staff by either dropping it off in person or emailing a scan.

FEMA’s definition of “Substantial Improvement” is as follows (FEMA Handbook Unit 8): any reconstruction, rehabilitation, addition, or other improvement to a structure, the total cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. Monterey County keeps track of the cumulative total costs of improvements to a structure within a SFHA for ten (10) years at a time (MCCO 16.16.020.FFF, County of Monterey General Plan Safety Element S-2.11).  If a structure triggers the Substantial Improvement regulation, and the structure isn’t compliant with the current FEMA and County building regulations for structures within a SFHA, the structure must be brought up to regulations. To view a detailed breakdown of what improvement costs must be included/excluded into the total construction costs and acceptable ways to determine a structure’s market value view the Substantial Improvement/Damage Determination Page.