Policy Issuance 5-96
July 29, 1996
Subject: Continuous Lake Flooding Waiver - Area of Devil's Lake, North Dakota
Policy Issuance 2-96 was issued on April 26, 1996, waiving a requirement of the Continuous Lake Flooding provisions of the Standard Flood Insurance Policy for buildings along the shoreline of Devil's Lake in North Dakota. One of the conditions in Policy Issuance 2-96 was based on the National Weather Service prediction of the expected crest of the lake level being 1437.5 MSL in June or early July of 1996. Based on the revised prediction by the National Weather Service issued May 16, 1996, that the crest of the lake level in June or early July would be 1438.5, Policy Issuance 2-96 was modified and reissued on May 20, 1996, as Policy Issuance 4-96 , to reflect that revised prediction. Policy Issuance 2-96 provided that the date a building not inundated would be considered a loss in progress would be the date the building met the conditions in that policy issuance for being declared a total loss. Policy Issuance 4-96 is modified and reissued by Policy Issuance 5-96 to reflect that principle for buildings made eligible to be declared a total loss by Policy Issuance 4-96 as follows:
Based on the unique conditions in the Devil's Lake area of North Dakota and pursuant to the waiver provisions of the Standard Flood Insurance Policy (SFIP), I hereby waive for claims filed on or before September 30, 1996, for buildings along the shoreline of Devil's Lake that are inundated or potentially subject to inundation by the rising lake level, the requirement of the Continuous Lake Flooding provision of the SFIP that the structure be continuously flooded for 90 days before a total loss claim payment can be made, subject to the following conditions:
For insured buildings currently with the lowest floor at or below the stillwater level of the lake but protected from inundation by a temporary dike:
These buildings will be considered as flooded by surface water and, based on the expectation that they will become total losses, will now be declared total losses.
For insured buildings not protected by a temporary dike and with the lowest floor at or below the stillwater lake level at this time and consequently inundated by surface water:
These buildings, based on the expectation that they will become total losses, will now be declared total losses.
For insured buildings, with the lowest floor above the stillwater level of the lake, but at or below the expected crest of the lake level ( 1438.5 MSL) predicted for June or early July of 1996 by the National Weather Service:
These buildings will be considered subject to long term inundation, or if protected by a temporary dike, subject to long-term inundation, but for the dike, and they will now be declared total losses.
As a condition to receiving the benefits of this policy issuance, the property owner must agree to buy back the salvage, on a negotiated basis, and to move the building back to a new location such that the lowest floor of the building is at or above an elevation agreed to by the property owner and subject to the prior approval of the Federal Emergency Management Agency. If the buildings are not relocated, the property owners must demolish the buildings at their own expense.
Also, as a condition to receiving the benefits of this policy issuance, the property owner must agree that any new construction on the original lot will have its lowest floor at or above an elevation agreed to by the property owners and subject to the prior approval of the Federal Emergency Management Agency.
Future flood insurance coverage under the National Flood Insurance Program will not be made available for any building that is relocated, or any building that is newly constructed on the original lot, for which a claim under the SFIP has been paid in accordance with the above conditions, that does not meet these elevation requirements.
Any building inundated by water will be considered a loss in progress as of the date the inundation began. Any other building that meets the conditions in Policy Issuance 2-96 for being declared a total loss on the date of Policy Issuance 2-96 (April 26, 1996), will be considered a loss in progress on that date for purpose of this policy issuance. Any other building that does not meet the conditions in Policy Issuance 2-96 for being declared a total loss, but that does meet the conditions in Policy Issuance 4-96 for being declared a total loss, will be considered a loss in progress on the date of Policy Issuance 4-96 (May 20, 1996) for purpose of this policy issuance.
For any building not inundated by water, an elevation certificate will be required to establish that it meets the conditions of this policy issuance. If an elevation certificate is not available from the insured or some other source, the cost of obtaining one will be a loss adjustment expense.
This policy issuance may be modified or extended based on subsequent National Weather Service predictions of the lake level.
Last Modified: Wednesday, 24-May-2006 11:45:33 EDT