The City of New Hartford applied for HMGP finding to construct a cabin housing an institutional use on flood-prone property previously acquired and converted to permanent open space by FEMA.
Reason for Denial
The proposed use is not allowable because it would not comply with the CFR on land use and oversight; The use does not comply because it would obstruct the natural and beneficial functions of the floodplain.
44 CFR 206.440 HMGP Appeals
44 CFR 80.19 Land use and oversight
44 CFR 80.19(a)(1)(i) Uses allowed and not allowed
Mr. Mark Schouten, Administrator
Iowa Homeland Security and Emergency Management Division
7900 Hickman Road, Suite 500
Windsor Heights, Iowa 50324
Disposition of First Appeal to Land Change Denial
Subgrantee: City of New Hartford, Iowa
Project # 0041
Property Acquisition & Demolition Project
Dear Mr. Schouten:
This correspondence is official notification that the U.S. Department of Homeland Security's Federal Emergency Management Agency (FEMA) has determined that your letter of appeal dated October 01, 2014 related to the request for a land use change on behalf of the City of New Hartford, cannot be approved.
The State of Iowa or the City of New Hartford may appeal this decision in accordance with the procedure outlined at 44 CFR 206.440. The City may submit to the State a written appeal within sixty (60) days after receipt of this action. Within (60) days of receipt, the State shall review and evaluate the appeal before submission to Roy Wright, Deputy Associate Administrator for Mitigation, Federal Insurance and Mitigation Administration, U.S. Department of Homeland Security/Federal Emergency Management Agency, 1800 S Bell Street, Arlington, VA 20598-3020.
If you have any questions concerning this correspondence, please contact Mary Kerschner, Acting Chief, Hazard Mitigation Assistance Branch, at (816) 283-7012, or Michael R. Scott, Director, Mitigation Division, (816) 238-7004.
Beth A Freeman
Property acquired with FEMA HMA funds for the purpose of addressing flood hazards and creating open space must be dedicated and maintained in perpetuity as open space for the conservation of natural floodplain functions. 44 CFR 80.19(a)(1) specifically details uses that are allowable and not allowable for such a property. While a public restroom can be an allowable use, it cannot be determined if the proposed structure containing a public restroom is compatible with open space, will not obstruct floodwater, and conserve the natural functions of the floodplain.