Question for those who have definitive info. Plan to build a cabin, out of pocket so no financing. TVA waterway area, but private property. What are the ramifications of building below the floodplain? In my case i would need to be on 8' stilts. Had planned to do 3' - 4' posts, but 8' above grade causes a new set of issues in building. If i build at 4', could i be fined, forced to raise it, both, something else?
OT: Building in a floodplain
- Thread starter Ozarkdawg
- Start date
I don’t think you have to do it since no financing is involved. A bank is REQUIRED to make you get flood insurance if financing is involved. The insurance is relatively inexpensive so I would recommend it so if\when it floods you would be covered.
You can build at any elevation you want because you don’t have a loan on the structure. Riva is correct - flood insurance is inexpensive UNLESS you build below the base flood elevation. Then it can be ridiculously expensive- down right unaffordable even. My suggestion - go ahead and build well above the BFE and by doing so, you can then get flood insurance through NFIP at a very cheap rate.
It would serve you well to research historical flood data for the area, don’t just rely on 100 year flood plain.
If this is TVA, they may be able to fine you heavily, if you are in violation of TVA setback or flood plain requirements. It may also be an EPA deal. I would ask a lawyer and not rely on the advice of SPS "Experts".
I would hate to see you fined on a "per day" violation, with your recourse limited to what some clerk in some office in Washington tells a Federal Judge, and then after all fines are paid, be forced to take your cabin down. Is a permit required from Corps of Engineers or TVA to build this cabin? You may be required to submit a proposal and have it reviewed and approved if it is on TVA set back or right away. Sometimes they control the 100 year flood plain area, just like the land belonged to them.
If it is on a dam reservoir or controlled river flood plain, they can raise the pool and run the water right over your property, just not higher than their requirements for minimum height above the flood pool of the river or reservoir.
I would hate to see you fined on a "per day" violation, with your recourse limited to what some clerk in some office in Washington tells a Federal Judge, and then after all fines are paid, be forced to take your cabin down. Is a permit required from Corps of Engineers or TVA to build this cabin? You may be required to submit a proposal and have it reviewed and approved if it is on TVA set back or right away. Sometimes they control the 100 year flood plain area, just like the land belonged to them.
If it is on a dam reservoir or controlled river flood plain, they can raise the pool and run the water right over your property, just not higher than their requirements for minimum height above the flood pool of the river or reservoir.
But to be very clear- you’re paying for your building out of pocket therefore you can do whatever you want. No ramifications nor penalty.
The problem is nfip continues to remap. Every time they do, the flood risk changes. And the rates sky rocket. Biggert-Waters legislation dictates the nfip get accuarily sound and that means rates are gonna keep going up. Especially as lower risk properties are taken up through the emerging private market and that leaves only higher risk and repetitive flood properties in the nfip.
Consider coastalriskconsulting.com. Despite the name, they do a good job of assessing risk anywhere near a body of water, for a fee. They use existing nfip mapping info as well as their owne enhanced mapping. They were a presenter at an NFIP forum I attended in Denver back in April. They may be another good source of info for you.
Build away.
If you know anybody from the Delta that hunts on the Mississippi River, talk to them. Most of those cabins are in a high risk flood zone. Some of them are 15+ feet off the ground.
If you know anybody from the Delta that hunts on the Mississippi River, talk to them. Most of those cabins are in a high risk flood zone. Some of them are 15+ feet off the ground.
Dawgbite is exactly right. I’ve seen situations wherein properties are not able to sell because the buyer needs financing and the cost of flood insurance far exceeds the mortgage on the property. Don’t just think about yourself. If you ever sell, it may be the difference between selling or having to keep the property forever. Not everyone can self insure. Most can’t in fact.
Do you not have to get a permit? No community that participates in NFIP is going to permit you to build below BFE. Or at least they shouldn't.
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