County officials express concern about rebuilding without floodplain permits

Jul. 30--There are growing concerns that those planning to rebuild after recent flooding may be ignoring requirements to secure floodplain permits before those projects begin.

Failing to get the mandatory permits could jeopardize a property owner's future participation in the National Flood Insurance Program. Muskogee County Emergency Management Director Jeff Smith said noncompliance with federal regulations also could put the entire county at risk.

"Some of these folks are saying they didn't even know they needed a floodplain permit, and they've already got contractors on the ground," Smith said. "We've posted that on Facebook, sent it out in letters and everything, but there are people saying they didn't know they have to have a floodplain permit."

Concerns about noncompliance with the permitting requirement comes as Smith and Muskogee County commissioners look at ways to streamline the process to secure them. Historically, applicants have had permits in Muskogee County approved by a floodplain board that meets on a monthly basis.

With nearly 900 inhabited structures damaged by near historic flooding in late May and early June along the Arkansas, Smith began looking at ways to expedite the permitting process. Commissioners said they likely will take up a measure Aug. 5 to dissolve the board and allow Smith, the county's floodplain administrator, to administer the program.

"In situations like this it is just not feasible," Smith said about the monthly meetings, which are no longer required by NFIP regulations or the Federal Emergency Management Agency. "We are making every effort ... to put in place the best way to go about this."

Floodplain permits are required to ensure all projects meet NFIP requirements and local ordinances, which Smith said primarily align with FEMA and NFIP rules and regulations. He said failure to comply with those rules and regulations could come at a cost.

"If we do anything that gets us taken out of the National Flood Insurance Program, we will never be able to request disaster assistance again -- for anything," Smith said, citing a litany of disasters for which the county and its residents would be ineligible. "If we don't follow our rules and guidelines -- their rules and guidelines -- we're out."

District 1 Commissioner Ken Doke said while the county's floodplain administrator may exercise little discretion when reviewing applications and granting permits, it's a different story for applicants. Their decisions, he said, can have a domino effect.

"If you don't get your base flood elevation and get your permit then you can't get flood insurance," Doke said. "If you can't get flood insurance, then most of your banks won't loan you money."

Doke said those who fail to get a permit and try to rebuild using cash on hand may find themselves in a tight spot if they find they need a loan after depleting their available funds. When the bank finds out there is no permit and no flood insurance, he said the property owner will have a tough time securing a bank loan.

Smith said the county has issued "after-action permits," which typically cost "about triple the amount." Since some of these costs are being waived for flood victims that additional cost may not come into play, but if the work already done falls short of requirements it will have to be brought into compliance before the after-action permit is issued.

Commissioners are looking at ways to avoid future problems. Smith said the county may have to initiate a door-to-door campaign to ensure those who plan to rebuild or remodel within the floodplain are aware of the permitting requirements.

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