Falmouth Conservation Commission Introduces New Coastal Storm Flowage Regulations Amid Concerns Over Building Standards

During the January 16 meeting of the Falmouth Conservation Commission, attention was focused on the introduction of new regulations concerning land subject to coastal storm flowage. Shannon Holtz, a floodplain specialist, and Gary Street, the Town Building Commissioner, presented updated building codes that address increasing risks of flooding and the need for compliance with state and federal mandates.

0:01The presentation began with an overview of the Flood Insurance Rate Maps (FIRMs) by FEMA. These maps delineate the regulatory floodplain areas but do not reflect the current reality of sea level rise and changing weather patterns. Holtz highlighted the outdated nature of these maps, which have not been updated since 2014 due to congressional funding issues. She explained that these maps are “imperfect because data is not collected everywhere,” underscoring the need for more comprehensive and current data.

The discussion then shifted to the introduction of a new flood zone classification, the Coastal A Zone or Moderate Wave Action Zone. The updated regulations require structures in these zones to meet the same standards as those in the highest risk zones, known as Velocity Zones (V Zones). This includes elevated utilities and specific building designs, such as constructing on pilings with limited enclosures underneath. Holtz clarified, “Any structure in a Coastal A Zone has to meet V Zone standards,” with elevation requirements increasing from two feet to three feet above the base flood elevation to account for potential sea level rise.

Street raised concerns about the impact of these new requirements on building height restrictions, noting that existing height limits could lead to “houses looking like shoe boxes.” This prompted a discussion on the town’s previous unsuccessful attempts to adjust height limits at town meetings. Holtz suggested measuring height from the design flood elevation to alleviate pressure on architectural aesthetics, proposing this as a viable solution for Falmouth.

The conversation also covered construction regulations in coastal dunes, where no enclosures are permitted beneath structures to protect these sensitive areas. The regulations apply to new constructions or substantially improved structures, defined as those improved by 50% or more of their market value. Holtz suggested using assessed values for market valuation.

17:04Further discussions addressed the complexities of zoning regulations and property value assessments for tax purposes. There was a specific mention that if a property owner opts for appraised value, it becomes the new assessed value, eliminating dual assessments. The need for updates to the floodplain zoning bylaw in Falmouth was acknowledged, with an understanding that it must align with state and federal mandates. Although the Conservation Commission is not the body to handle this, collaboration with the Cape Cod Commission was emphasized.

34:52A point of debate centered on historic structures and their treatment under these new standards. Participants discussed how historic buildings in towns like Provincetown face unique challenges, with potential variances or exemptions to building codes if full compliance would jeopardize their historic designation. Structures on the National Register of Historic Places or contributing to historic districts are subject to different regulations. The conversation highlighted that exemptions apply only to specifically designated structures, not simply older buildings.

17:04The meeting also explored the implications of using fill in V zones, where structural fill is prohibited by federal law. The importance of ensuring that any regrading complies with these regulations was emphasized, placing accountability on engineers to adhere to standards. The conversation revealed uncertainty regarding the implementation and acceptance of these new regulations at the town level.

34:52The complexities of elevating historic structures were acknowledged, with options available that could maintain exterior appearances while addressing safety concerns related to flooding. The introduction of flood area design guidelines was mentioned, offering architects and applicants a way to navigate these standards while preserving historic character.

Note: This meeting summary was generated by AI, which can occasionally misspell names, misattribute actions, and state inaccuracies. This summary is intended to be a starting point and you should review the meeting record linked above before acting on anything you read. If we got something wrong, let us know. We’re working every day to improve our process in pursuit of universal local government transparency.

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