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Oldsmar homeowners must follow flood rules

By A TIMES EDITORIAL
Published June 28, 2007


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Sixteen Oldsmar homeowners reportedly have been violating local and federal flood control rules, and now they are complaining that the rules aren't fair.

The residents own elevated or "stilt" homes in flood zones and despite rules against it, they have usable living space on the ground floors of their homes. That violates city ordinances and rules of the Federal Emergency Management Agency, which oversees the national flood insurance program.

The Oldsmar dispute began when city officials noticed what looked like finished space on the ground floor of the 16 homes and wrote the owners asking for permission to inspect the spaces. After an angry backlash from the homeowners, the city asked an official from FEMA's Atlanta office to meet with the owners and explain the reasons for the rules. At least some of the owners still feel unfairly targeted.

Why can't these residents just do what they want with their own property?

There are several reasons, and they are good ones.

New homes or substantially renovated homes in flood zones are required to be elevated to reduce flood damages that must be paid by the national flood insurance program, which is subsidized by federal tax dollars.

It would make little sense to allow the owners of elevated structures to create living space on the ground floor. That would only raise the payout required if a flood occurred. Therefore, it is against federal policy to create inhabitable enclosures on the ground floor.

Another reason for the policy is that ground floor enclosures likely will break apart in a flood, and the resulting debris has destructive, even deadly, potential when it enters rushing water or becomes airborne. Nearby homes - homes also likely insured by the national flood insurance program - can be damaged by the debris, which can also injure or kill a person in its path.

The intent of FEMA's rules is to bring about the eventual elevation of all structures in flood-prone areas - the only sensible approach short of forbidding any construction in flood zones. To make sure that the goal is achieved, federal rules require that local governments enforce the provisions on their residents. If they do not, all residents' flood insurance premiums may go up. A city or county's enrollment in the federal flood insurance program can even be suspended for blatant violations.

For all these reasons, local governments should regularly check existing structures in flood zones for apparent violations, carefully review applications for building permits, have a good building inspection program for new construction, and enforce the codes when violations are discovered. They also should have a program to educate residents of flood-prone areas about the rules.

What's allowed on the ground floor of an elevated home? Parking space, stairways, elevators and limited storage. That's all. But in Oldsmar, city engineer Bill Proses has seen living rooms, recreation rooms and bathrooms, pool tables and televisions on the ground floor. Some homes even have mother-in-law suites, offices or rental apartments downstairs.

One homeowner who recently spoke to the St. Petersburg Times, Jeff David, just wants the city and FEMA to leave his ground floor home office alone.

"Even if we get flooded and they don't want to pay - okay, fine. I'm responsible, " he said. "If something floats away and damages someone else's home, I'll deal with that. I don't want to have to change my house around for a flood that may come in 20 years."

David may have good intentions, but after a severe storm with major communitywide damage, even his good intentions and resources could be strained.

FEMA rules and city flood management ordinances serve a valuable purpose and must be enforced. City officials would put everyone in an Oldsmar flood zone at greater risk if they looked the other way.

[Last modified June 27, 2007, 20:12:26]


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