hb 1330

CHAPTER 176

HB 1330 – FINAL VERSION

AN ACT clarifying the laws relative to municipal enrollment in the National Flood Insurance Program and relative to adopting flood insurance rate map amendments.

SPONSORS: Rep. Rodeschin, Sull 2; Rep. Patten, Carr 4; Rep. Hogancamp, Ches 4; Rep. McRae, Hills 7; Rep. D. Eaton, Ches 2; Sen. Eaton, Dist 10; Sen. Morse, Dist 22; Sen. D'Allesandro, Dist 20; Sen. Flanders, Dist 7; Sen. Odell, Dist 8

I. Clarifies the authority of municipalities to enroll in the National Flood Insurance Program.

II. Enables the adoption of flood insurance rate map amendments by resolution of the local governing body.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT clarifying the laws relative to municipal enrollment in the National Flood Insurance Program and relative to adopting flood insurance rate map amendments.

Be it Enacted by the Senate and House of Representatives in General Court convened:

176:1 Intent. The intent of this act is to clarify the authority of municipalities to adopt floodplain ordinances pursuant to enrolling in the National Flood Insurance Program, to enable the adoption of flood insurance rate map amendments by resolution of the local governing body, and to ratify the past actions of municipalities in adopting local floodplain ordinances and maps. The general court recognizes that municipalities that fail to adopt amendments to the flood insurance rate maps as required for their participation in the National Flood Insurance Program risk suspension from that program by the federal government.

176:2 New Subdivision; Floodplains. Amend RSA 674 by inserting after section 55 the following new subdivision:

674:56 Floodplain Ordinances. Municipalities may adopt floodplain ordinances as part of their enrollment in the National Flood Insurance Program. Such ordinances shall be adopted pursuant to the authority granted under RSA 674:16 and 17, and shall be adopted and amended pursuant to the procedures in RSA 675 for the adoption and amendment of zoning ordinances. Municipalities may adopt floodplain ordinances either as an amendment to an existing zoning ordinance or as a separate ordinance. A municipality which adopts a floodplain ordinance which is separate from its zoning ordinance or without otherwise having adopted a zoning ordinance, shall observe all legal and procedural requirements for the floodplain ordinance that would be required for a zoning ordinance, including the creation of a board of adjustment. If a municipality has adopted a zoning ordinance either before or after the adoption of a floodplain ordinance, the board of adjustment shall be the same for both ordinances.

674:57 Flood Insurance Rate Maps. In a municipality which has enrolled in the National Flood Insurance Program (NFIP), special flood hazard areas shall be as designated on flood insurance rate maps issued by the Federal Emergency Management Agency. Amendments to the flood insurance rate maps shall apply to local floodplain ordinances upon their adoption by resolution of the local governing body of a municipality and shall require no further action by the local legislative body. Map amendments are subject to appeal by owners and lessees of affected real property under 44 C.F.R. 67.5.

176:3 Ratification of Previously Adopted Floodplain Ordinances. The following municipalities and political subdivisions have previously adopted floodplain ordinances and are enrolled in the National Flood Insurance Program (NFIP). The general court hereby ratifies the following previously adopted floodplain ordinances as legal:

Municipality: Acworth, Albany, Allenstown, Alstead, Alton, Amherst, Andover, Antrim, Ashland, Auburn, Barnstead, Barrington, Bartlett, Bath, Bedford, Belmont, Bennington, Berlin, Bethlehem, Boscawen, Bow, Bradford, Brentwood, Bridgewater, Bristol, Brookfield, Brookline, Campton, Canaan, Canterbury, Carroll, Charlestown, Chester, Chesterfield, Chichester, Claremont, Colebrook, Columbia, Concord, Conway, Cornish, Dalton, Danbury, Danville, Deerfield, Deering, Derry, Dover, Dummer, Dunbarton, Durham, East Kingston, Easton, Enfield, Epping, Epsom, Errol, Exeter, Farmington, Fitzwilliam, Francestown, Franconia, Franklin, Freedom, Fremont, Gilford, Gilsum, Goffstown, Gorham, Goshen, Grantham, Greenfield, Greenland, Greenville, Groton, Hampstead, Hampton, Hampton Falls, Hancock, Hanover, Hart's Location, Haverhill, Hebron, Henniker, Hill, Hillsborough, Hinsdale, Holderness, Hollis, Hooksett, Hopkinton, Hudson, Jackson, Jaffrey, Jefferson, Keene, Kingston, Laconia, Lancaster, Lebanon, Lee, Lincoln, Lisbon, Litchfield, Littleton, Londonderry, Loudon, Lyme, Madison, Manchester, Marlborough, Marlow, Mason, Meredith, Merrimack, Middleton, Milan, Milford, Milton, Moultonborough, Nashua, New Boston, New Castle, New Durham, New Hampton, New Ipswich, New London, Newbury, Newfields, Newmarket, Newport, North Hampton, Northfield, Northumberland, Northwood, Nottingham, Orford, Ossipee, Pelham, Pembroke, Peterborough, Piermont, Pittsfield, Plainfield, Plaistow, Plymouth, Portsmouth, Raymond, Rindge, Rochester, Rollinsford, Roxbury, Rye, Salem, Salisbury, Sanbornton, Sandown, Sandwich, Seabrook, Seabrook Beach Village District, Shelburne, Somersworth, South Hampton, Stark, Stewartstown, Strafford, Stratford, Stratham, Sugar Hill, Sullivan, Sunapee, Sutton, Swanzey, Tamworth, Thornton, Tilton, Troy, Tuftonboro, Wakefield, Walpole, Warner, Warren, Waterville Valley, Weare, Webster, Wentworth, Westmoreland, Whitefield, Wilmot, Wilton, Winchester, Windham, Wolfeboro, and Woodstock.