Appendix_O-Planning Board Regulation No13.pdf
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This document is a special flood hazard areas regulation adopted by the Puerto Rico Planning Board. It establishes the requirements and procedures for managing development within special flood hazard areas in Puerto Rico. The regulation covers topics such as the adoption and mapping of special flood hazard areas, classification of flood zones, requirements for development in different flood zones, permitting and review processes, exceptions and variances, and enforcement. Key details include:
- The Planning Board is designated as the state coordinating agency for the National Flood Insurance Program and has the authority to adopt regulations and maps for flood hazard areas.
- The regulation classifies special flood hazard areas into zones such as floodway, coastal high hazard zone, and other flood zones based on FEMA's designations. It provides specific requirements for development in each zone.
- The regulation establishes permitting, review, exception, and variance procedures that developers must follow for construction, substantial improvements, and other development activities in the flood hazard areas.
- The regulation aims to minimize flood risks, reduce public expenditures, and ensure compliance with NFIP requirements in order for Puerto Rico to maintain eligibility for flood insurance and disaster assistance.
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[CERTIFIED TRANSLATION]
| COMMONWEALTH | OF | PUERTO | RICO |
| PLANNING | BOARD |
SAN JUAN, PUERTO RICO
| SPECIAL | FLOOD | HAZARD | AREAS | REGULATION |
| (Planning | Regulation | No. | 13) |
EIGHTH REVISION
EFFECTIVE DATE: JANUARY 9, 2021
GOBIERNO DE PUERTO RICO
JUNTA DE PLANIFICACION
SAN JUAN, PUERTO RICO
Guia Operacional para las Determinaciones de Danos y Mejoras Sustanciales
;·-"i , ADOPTADO
17 DE DICIEMBRE DE 2020
GOVERNMENT OF PUERTO RICO
OFFICE OF THE GOVERNOR
SAN JUAN, PUERTO RICO
Administrative Bulletin Number: OE-2020-089
EXECUTIVE ORDER OF THE GOVERNOR OF PUERTO RICO, HONORABLE
WANDA VÁZQUEZ GARCED, TO APPROVE THE EIGHT REVISION OF THE
SPECIAL FLOOD HAZARD AREAS REGULATION, ALSO KNOWN AS
PLANNING REGULATION NUMBER 13, AND REPEAL THE SEVENTH
REVISION OF THE SPECIAL FLOOD HAZARD AREAS REGULATION
WHEREAS: According to Public Law No. 75 of June 24, 1975, as amended, the
Planning Board has the power, among other things, to adopt territorial ordinance plans and planning regulations in Puerto Rico.
Furthermore, as provided in Public Law Number 3 of September 27, 1961, as amended, also known as the Building Control in Flood-Prone Zones Act, the Planning Board is the agency authorized to adopt the regulation and maps for the control of buildings in flood-prone zones on our island.
WHEREAS: Since 1978, Puerto Rico has participated in the National Flood
Insurance Program (NFIP), created by the United States Congress through the Flood Insurance Act of August 1, 1968. The NFIP is administered by the Federal Emergency Management Agency
(FEMA).
WHEREAS: Pursuant to the provisions of our Building Control in Flood-Prone
Zones Act and the federal Flood Insurance Act, the Planning Board was designated as the state coordinating agency of said program.
The Planning Board is acknowledged and reiterated as the government agency designated with the power to adopt regulations and maps in accordance with the minimum federal requirements for the NFIP regulation.
WHEREAS: As part of the minimum compliance requirements with the NFIP regulation, the Planning Board recommended and implemented an administrative procedure conducive to amending the Seventh Revision of the Special Flood Hazard Areas Regulation (Planning Regulation No. 13), in order to clarify and amplify the regulatory provisions and eliminate others.
[illegible initials]
WHEREAS: The Eight Revision of the Special Flood Hazard Areas Regulation (Planning Regulation No. 13) has been developed in accordance to the powers granted to the Puerto Rico Planning Board by its Organic Law, the Building Control in Flood-Prone Zones Act, pursuant and in accordance with the requirements of Public Law 38-2017, as amended, also known as the Puerto Rico Uniform Administrative Procedure Act, and Public Law 107-2020, also known as Puerto Rico Municipal Code; and in accordance with NFIP rules.
WHEREAS: The Eight Revision proposed by the Special Flood Hazard Areas
Regulation (Planning Regulation No. 13) was presented in public hearings on January 27, 29 and 31, 2020 in San Juan, Aguadilla and Ponce, respectively, offering ample opportunity for the public to expose their comments and feedback. After taking into consideration the statements collected from the public hearings as well as the comments received in this regard, the Planning Board incorporated those it deemed relevant into the Regulation.
WHEREAS: The Eight Revision of the Special Flood Hazard Areas
Regulation (Planning Regulation No. 13) was presented before the Office of Permit Management of the Department of Economic and Commercial Development and was certified as a “categorical exclusion” on August 25, 2020, in accordance with the provisions of Public Law 416-2004, as amended, also known as Environmental Public Policy Act.
WHEREAS: The Planning Board, in accordance with the provisions of the laws mentioned before and in accordance with their requirements, adopted the Eighth Revision of the Special Flood Hazard Areas Regulation (Planning Regulation No. 13), by Resolution No. JP-RP- 13-8-2020 in a meeting held on August 28, 2020.
WHEREAS: I, WANDA VÁZQUEZ GARCED, in virtue of the powers vested in me by the Constitution and laws of the Government of Puerto Rico, hereby enact and order the following:
Section 1: The amendments to Planning Regulation No. 13 are hereby approved, including its Eighth Revision, as adopted by the Board on August 28, 2020 by Resolution JP-RP-13-8-2020.
Section 2: The Special Flood Hazard Areas Regulation, Seventh Revision, is repealed and submitted before the Department of State with number 7797.
Section 3: The Board will enforce the provisions of Article 28 of Public Law
No. 75-1975 and Public Law 38-2017, pursuant to the publication of the amendments to Planning Regulation No. 13.
Section 4: NO CREATION OF ENFORCEABLE RIGHTS. This Executive
Order is not intended to create substantive or procedural rights in favor of third parties, enforceable before judicial, administrative forums, or of any other kind, against the Government of Puerto Rico, or its agencies, officials, employees or any other person.
Section 5: EFFECTIVE TERMS: This Executive Order is effective immediately.
Section 6: PUBLICATION: This Executive Order shall be presented immediately before the Secretary of State and its wide publication is ordered.
IN WITNESS WHEREOF, I issue this Executive Order and hereunto set my signature and great seal of the Commonwealth of Puerto Rico, in San Juan, Puerto Rico, today, December 4, 2020.
[illegible signature]
WANDA VÁZQUEZ GARCED
GOVERNOR
Enacted in accordance with the law, today, December 4, 2020.
[illegible signature]
RAÚL MÁRQUEZ HERNÁNDEZ
SECRETARY OF STATE
[raised gold seal:
Great Seal of the Commonwealth of Puerto Rico]
| GOVERNMENT | OF | PUERTO | RICO |
| PLANNING | BOARD |
San Juan, Puerto Rico
August 28, 2020
Resolution No. JP-RP-13-8-2020
| TO | ADOPT | THE | EIGHTH | REVISION | OF | THE | SPECIAL | FLOOD | HAZARD | AREAS | REGULATION | (PLANNING | |
| REGULATION | NUMBER | 13) | AND | REPEAL | THE | SEVENTH | REVISION | OF | THE | SPECIAL | FLOOD | HAZARD | AREAS |
REGULATION
WHEREAS: The Puerto Rico Planning Board is the state agency authorized by Public Law No. 3 of
| September | 27, | 1961, | as | amended, | also | known | as | the | Building | Control | in | Flood-Prone | ||
| Zones | Act | to | prepare | the | regulation | and | maps | for | the | control | of | buildings | in | flood-prone |
zones.
WHEREAS: In August 1978, Puerto Rico became a participating community of the National Flood
| Insurance | Program | (NFIP), | created | by | the | United | States | Congress, | through | the | Flood |
| Insurance | Act | of | August | 1, | 1968, | and | administered | by | the | Federal | Emergency |
| Management | Agency | (FEMA). |
WHEREAS: The Board was named by the Governor of Puerto Rico as the state coordinating agency
| of | said | program, | to | that | end, | it | is | responsible | for | adopting | regulations | and | maps | in |
| accordance | with | the | minimum | federal | requirements | of | the | NFIP | regulation. |
WHEREAS: As part of the minimum compliance requirements of the NFIP regulation, the
| amendment | of | the | Seventh | Revision | of | the | Special | Flood | Hazard | Areas | Regulation | is |
| recommended | (Planning | Regulation | No. | 13) | in | order | to | clarify | and | expand | the | regulation |
| provisions | while | eliminating | others. |
WHEREAS: The Eighth Revision of the Special Flood Hazard Areas Regulation (Planning Regulation
| No. | 13) | has | been | developed | in | accordance | with | the | powers | granted | to | the | Puerto | Rico | |
| Planning | Board | by | Public | Law | No. | 3 | of | 1961, | Building | Control | in | Flood-Prone | Zones | Act; | |
| Public | Law | No. | 75 | of | June | 24, | 1975, | Organic | Law | of | the | Puerto | Rico | Planning | Board; |
| Public | Law | 38-2017, | Puerto | Rico | Uniform | Administrative | Procedure | Act | and | Public | Law | ||||
| 107-2020, | Puerto | Rico | Municipal | Code; | and | in | accordance | with | the | rules | of | FEMA’s | |||
| National | Flood | Insurance | Program. |
WHEREAS: The amendments proposed by FEMA and the Board were incorporated to the draft of
| the | Eighth | Revision | of | Planning | Regulation | No. | 13, | in | order | to | update | it | according | to | the |
| new | tendencies | regarding | floodplain | administration. | The | amendments | recommended | ||||||||
| are | the | following: |
1. A section about Inspections is included, referencing Section 1612.4 of the Puerto
Rico Building Code.
2. “Regulation and Permits Administrator” was replaced by “Floodplain Administrator.”
3. The use of the designated form was eliminated in the exceptions and variances.
| 4. The | title | of | “Flood | Elevation | Registry” | was | modified | to | read | “Regulatory | Flood | Zone |
| Certification | and | Data | Registry.” |
5. Additional definitions were included, such as “Street Vendor,” among others.
6. Section 8.04 was eliminated.
7. Parameters for pools in Zones VE were included.
8. A reference was included to ASCE standard 24 and the new building codes adopted by Puerto Rico, which include National Flood Insurance Rate Program regulations.
[ink stamp: JP
GOVERNMENT OF PUERTO RICO
PLANNING BOARD]
| Resolution | JP-RP-13-8-2020 |
| Page | 2 |
WHEREAS: The Eighth Revision of the Special Flood Hazard Areas Regulation (Planning Regulation
| No. | 13) | proposed | draft | was | presented | in | public | hearings | on | January | 27, | 29, | and | 31, | 2020 |
| in | San | Juan, | Aguadilla, | and | Ponce, | respectively, | offering | ample | opportunity | for | the | ||||
| general | public | to | submit | comments. | After | taking | into | consideration | all | the | feedback | and | |||
| comments | received | in | the | public | hearings, | the | Board | incorporated | those | it | deemed | ||||
| relevant | into | the | Regulation. |
WHEREAS: The Eighth Revision of the Special Flood Hazard Areas Regulation (Planning Regulation
| No. | 13) | was | submitted | before | the | Permit | Management | Office, | case | number | 2020- | |
| 323186 | DEC-086936. | It | was | certified | as | Categorical | Exclusion | on | August | 25, | 2020, | in |
| accordance | with | the | provisions | of | Public | Law | 416-2004, | as | amended, | also | known | as |
| Environmental | Public | Policy | Act. |
WHEREAS: The Puerto Rico Planning Board, in its role as the NFIP State Coordinating Agency, and in
| accordance | with | Public | Law | No. | 3 | of | September | 27, | 1961, | as | amended, | also | known | as | |
| the | Building | Control | in | Flood-Prone | Zones | Act; | Public | Law | No. | 75 | of | June | 24, | 1975, | as |
| amended, | also | known | as | the | Organic | Law | of | the | Puerto | Rico | Planning | Board; | Public | Law | |
| 161-2009, | also | known | as | the | Puerto | Rico | Permit | Process | Reform | Act; | Public | Law | 107- | ||
| 2020, | also | known | as | the | Puerto | Rico | Municipal | Law; | Public | Law | 38-2017, | also | known | as | |
| the | Uniform | Administrative | Procedure | of | the | Government | of | Puerto | Rico; | and | in | ||||
| accordance | with | the | rules | of | FEMA’s | National | Flood | Insurance | Program, | as | set | forth | in | ||
| Title | 44 | of | the | Code | Federal | of | Regulations | part | 60.3 | subparagraph | (d), | (c) | and | Subpart | B |
| and | its | sections | regarding | said | program, | ADOPTS | the | Eighth | Revision | of | the | Special | |||
| Flood | Hazard | Areas | Regulation | (Planning | Regulation | Number | 13) | thus | becoming | an | |||||
| integral | part | of | this | Resolution. |
FIRST: The Seventh Revision of the Special Flood Hazard Areas Regulation, registered with the
Department of State with number 7797 is repealed.
SECOND: It is hereby resolved that the Eighth Revision of the Special Flood Hazard Areas
| Regulation | (Planning | Regulation | No. | 13) | will | come | into | effect | thirty | (30) | days | after | it | has | |
| been | filed | with | the | Department | of | State, | as | provided | in | Article | 2.8 | of | Public | Law | 38- |
2017.
ADOPTED in San Juan, Puerto Rico, today, August 28, 2020.
| [signed: | illegible] | |||
| MARÍA | DEL | C. | GORDILLO | PÉREZ |
President [signed: illegible] [signed: illegible]
| SUHEIDY | BARRETO | SOTO | REBECCA | RIVERA | TORRES | |
| Associate | Member | Associate | Member |
[signed: illegible]
| PABLO | COLLAZO | CORTÉS |
| Associate | Member |
I HEREBY CERTIFY the above is a true and exact copy of the resolution adopted by the Planning Board, today, August 28, 2020.
[signed: illegible]
LOIDA SOTO NOGUERAS
Secretary
[ink stamp: JP
| GOVERNMENT | OF | PUERTO | RICO |
| PLANNING | BOARD] |
| SPECIAL | FLOOD | HAZARD | AREAS | REGULATION |
| (Planning | Regulation | No. | 13) |
EIGHTH REVISION
TABLE OF CONTENTS
ACRONYMS
TOPIC 1 – APPLICATION AND INTERPRETATION
SECTION 1.00 General Provisions
1.01 Title
1.02 Legal Base
1.03 Purpose
1.04 Application
1.05 Terms Employed
1.06 Provisions of Other Regulations
1.07 Conflicting or Contradictory Provisions
1.08 Sanctions
1.09 Public Safety
1.10 Release of Liability
1.11 Derogation Clause
1.12 Severability Clause
SECTION 2.00 Definitions
2.01 General Provision
TOPIC 2 - SPECIAL FLOOD HAZARD AREAS
SECTION 3.00 ADOPTION OF SPECIAL FLOOD HAZARD AREAS
3.01 General Provision
3.02 Adoption Purposes
3.03 Notification and Publication of the Adoption
3.04 Review Procedure for the Adoption
SECTION 4.00 FLOOD INSURANCE RATE MAPS
4.01 General Provision
4.02 Map Content
4.03 Prerogatives
4.04 Map Amendments
4.05 Zone Limits
SECTION 5.00 SPECIAL FLOOD HAZARD AREAS CLASSIFICATION
5.01 Classification by Zones
5.02 Zone Types
SECTION 6.00 FLOODWAY
6.01 Developments in the Floodway
6.02 Manufactured Homes and Recreational Vehicles in the Floodway
6.03 Land Subdivision in the Floodway
6.04 Floor Elevation
SECTION 7.00 ZONE AE, LANDS BETWEEN THE LIMIT OF THE FLOODWAY AND THE
FLOODPLAIN, LANDS IN THE FLOODPLAIN, ZONE A AND ZONE AO/AH
7.01 General Provisions
7.02 Hydrologic – Hydraulic Studies (Zone A, without detailed study)
7.03 Developments in Zone AE Lands (where the base flood elevation is known and the floodway has been defined)
7.04 Developments in Zone AE Lands (where the base flood elevation is known and the floodway has not been defined)
7.05 Developments in Zone AO and AH Lands (where the base flood depth is between 0.30 meters (1 foot) and 0.91 meters (3 feet)
7.06 Manufactured Homes, Recreational Vehicles and Manufactured Structures in Zones AE and A
7.07 Fill in Zone A
SECTION 8.00 COASTAL AREAS
8.01 Zone VE and Coastal Zones
8.02 Fill in Zone VE
8.03 Land Subdivisions in Zone VE
TOPIC 3 – MANAGING THE REGULATION
SECTION 9.00 PERMITS
9.01 General Provision
9.02 Permit Requirement
9.03 Issuing Permits
9.04 Effective Terms for Permit Decisions
9.05 Submitting Permit Requests
9.06 Permit Request Review
9.07 Map Review Compliance – General Provisions
9.08 Design and Base Flood Elevation
SECTION 10.0 REGULATORY FLOOD ZONE CERTIFICATION AND DATA REGISTRY
10.01 General Provision
SECTION 11.00 EXCEPTIONS
11.01 General Provision
11.02 Developments Considered Exceptions
11.03 Conditions when Making Exceptions
11.04 Effective Term for Exception Decisions
11.05 Initiative
SECTION 12.00 VARIANCES
12.01 General Provision
12.02 Initiative
12.03 Public Hearings
12.04 Conditions to Issue Variances
12.05 Effective Term for Decisions on Variances
12.06 Registry of Variances
12.07 Notice
12.08 Considerations for Variance Evaluation
SECTION 13.00 SURVEILLANCE AND INSPECTION IN FLOOD HAZARD ZONES
13.01 General Provision
13.02 Inspections
TOPIC 4 – OVERSIGHT PROCEDINGS
SECTION 14.00 VERIFICATION OF DATA, WORKS AND PENALTIES
14.01 Administrative or Judicial Actions
14.02 Penalty
TOPIC 5 – ADOPTION AND EFFECTIVE DATES
SECTION 15.00 Adoption
15.01 Effective Dates
Acronyms
| ASCE | American | Society | of | Civil | Engineers | |||
| ASTM | American | Society | for | Testing | and | Materials | ||
| BFE | Base | Flood | Elevation | |||||
| BM | Bench | Mark | ||||||
| CFR | Code | of | Federal | Regulations | ||||
| CWA | Clean | Water | Act | |||||
| DRNA | Departamento | de | Recursos | Naturales | and | Ambientales | (Department | of |
| Natural | and | Environmental | Resources) | ||||||||||
| FEMA | Federal | Emergency | Management | Agency | |||||||||
| FIRM | Flood | Insurance | Rate | Map | |||||||||
| FIS | Flood | Insurance | Study | ||||||||||
| H-H | Hydrologic- | Hydraulic | Study | ||||||||||
| ICC | Increased | Cost | of | Compliance | |||||||||
| JP | Planning | Board | |||||||||||
| LOMR | Letter | of | Map | Revision | |||||||||
| MSL | Mean | Sea | Level | ||||||||||
| MOWA | Moderate | Wave | Action | Area | |||||||||
| NAD83 | North | American | Datum | of | 1983 | ||||||||
| NFIP | National | Flood | Insurance | Program | |||||||||
| NGS | National | Geodetic | Survey | ||||||||||
| OGPe | Oficina | de | Gerencia | de | Permisos | (Office | of | Permit | Management) | ||||
| PRVD-02 | Puerto | Rico | Vertical | Datum | of | 2002 | |||||||
| SFIP | Standard | Flood | Insurance | Policy | |||||||||
| ZMT | Zona | Marítimo | Terrestre | (Maritime-Terrestrial | Zone) |
TOPIC 1 – APPLICATION AND INTERPRETATION
SECTION 1.00 General Provisions
1.01 Title
| This | Planning | Regulation | No. | 13 | will | be | known | and | quoted | as | the | “Special |
| Flood | Hazard | Areas | Regulation.” |
1.01 Legal Base
| This | Regulation | is | adopted | in | accordance | to | the | provisions | of | Public | Laws | ||
| No. | 3 | of | September | 27, | 1961, | “Building | Control | in | Flood-Prone | Zones | Act” | ||
| and | No. | 75, | “Organic | Law | of | the | Puerto | Rico | Planning | Board”; | Public | Law | |
| No. | 161 | of | December | 1, | 2009, | as | amended, | “Puerto | Rico | Permit | Process | ||
| Reform | Act” | and | “Puerto | Rico | Uniform | Administrative | Procedure | Act”, | |||||
| Public | Law | No. | 38 | of | June | 30, | 2017, | as | amended | and | in | accordance | with |
| the | regulations | of | the | Federal | Emergency | Management | Agency | (FEMA) | |||||
| National | Flood | Insurance | Program, | Part | 44 | CFR, | Section | 60.3 | (d | & | e) | and | |
| applicable | sections | of | Subchapter | B | regarding | the | Program. |
1.03 Purpose
| The | provisions | of | this | Regulation | establish | the | safety | measures | to | |
| regulate | the | construction | and | development | of | the | lands | in | the | areas |
| declared | to | be | susceptible | to | flooding | and | have | the | following | purposes: |
| a. Restrict | or | prohibit | developments | that | are | hazardous | to | public | health, |
| safety | and | property | when | these | promote | an | increase | of | flood |
| elevations | or | water | velocities, | which | in | turn | increase | erosion. |
| b. Require | that | flood-prone | developments, | including | their | service | ||||
| facilities, | be | protected | against | flooding | at | the | time | of | their | original |
construction.
| c. Prevent | or | regulate | the | modification | of | natural | floodplains, |
| watercourses, | natural | protective | barriers | that | accommodate | or | |
| channel | floodwaters | or | storm | surges. |
| d. Control | the | filling, | grading, | dredging, | encroaching | and | any | other | type |
| of | development | that | may | increase | damage | from | flooding | or | storm |
surges.
| e. Prevent | or | control | the | construction | of | barriers | that | alter | the | water |
| flow | or | that | may | increase | the | flood | risk | in | other | areas. |
| f. Not | promoting | the | location | of | new | developments, | encroachments | or | ||
| substantial | improvements | unless | there | is | proof | that | other | location | ||
| alternatives | have | been | evaluated | and | they | are | proven | not | to | be |
feasible.
| g. To | participate | in | the | National | Flood | Insurance | Program | and | maintain |
| the | eligibility | for | flood | insurance | and | disaster | assistance. |
1.04 Application
| The | dispositions | contained | in | this | Regulation | will | apply | and | cover: | |
| a. The | Special | Flood | Hazard | Areas | adopted | by | the | Planning | Board, | and |
| the | properties | in | said | areas. | ||||||
| b. Any | person, | natural | or | legal, | public | or | private, | and | any | grouping |
thereof.
c. The lands, which, because of their topographic nature, or location
| with | relation | to | a | body | of | water, | have | a | history | of | flooding | or | are | at |
| risk | of | flooding. |
1.05 Terms Employed
| When | its | use | is | justified | in | this | Regulation, | any | word | used | in | singular | shall |
| also | include | the | plural | and | vice | versa; | and | the | masculine | shall | include | the | |
| feminine | and | vice | versa. |
1.06 Provisions of Other Regulations
| The | provisions | set | forth | in | this | Regulation | will | be | supplemented | by | the | |
| provisions | of | any | other | regulation | in | effect | approved | by | the | Planning | ||
| Board, | or | by | the | Participating | Community, | which | may | be | applicable | to | ||
| the | specific | zone | where | the | property | is | located, | as | well | as | any | other |
| applicable | federal | regulation. |
1.07 Conflicting or Contradictory Provisions
| If | a | requirement | established | by | any | provision | of | this | Regulation | is | more | |
| or | less | restrictive | than | a | requirement | established | by | any | of | its | other | |
| provisions, | or | by | any | other | law, | regulation | or | rule | established | by | any | duly |
| constituted | government | authority | with | jurisdiction, | the | stricter | ||||||
| requirement | shall | prevail. |
1.08 Sanctions
| Any | violation | to | the | provisions | included | in | this | Regulation, | will | be | ||
| penalized, | in | accordance | with | Public | Law | No. | 3 | de | 1961, | Public | Law | No. |
| 75 | of | 1975 | and | Public | Law | 161-2009, | as | amended, | and | any | other | |
| applicable | penalty | established | by | FEMA | for | the | Participating | Community. |
1.09 Public Safety
| The | rules | established | in | this | Regulation | constitute | minimal | requirements. | ||||
| The | Planning | Board | or | Participating | Community | will | be | able | to | require | ||
| and | provide | for | the | compliance | of | the | major | requirements | in | case | there | |
| is | an | existing | condition | or | an | unforeseen | condition | is | anticipated | in | this | |
| Regulation, | which | presents | a | threat | to | public | life | or | property | or | a | serious |
| danger | to | public | health | and | safety. |
1.10 Release of Liability
| The | degree | of | flood | protection | required | by | this | Regulation | is | considered | ||
| reasonable | for | regulatory | purposes | and | is | based | on | scientific | and | |||
| engineering | considerations. | Severe | flooding | may | and | will | occur | on | rare | |||
| occasions. | The | flood | elevation | can | increase | because | of | natural | or | man- | ||
| made | causes. | This | Regulation | does | not | imply | the | lands | outside | of | the | |
| Special | Flood | Hazard | Areas | or | the | uses | allowed | within | those | areas | are | |
| safe | from | flooding. | This | Regulation | does | not | create | liability | on | the | part | of |
| FEMA, | the | Planning | Board, | the | OGPe | or | the | Participating | Community | |||
| resulting | from | reliance | on | this | Regulation | or | any | administrative | decision | |||
| lawfully | made | hereunder. |
1.11 Derogation Clause
Planning Regulation No. 13 effective January 7, 2010 is hereby repealed.
1.12 Severability Clause
| If | any | word, | sentence, | subparagraph, | subsection, | section, | topic | or | part | of | |||
| this | Regulation | were | challenged | for | any | reason | before | a | Court | and | |||
| declared | unconstitutional | or | void, | such | judgment | shall | not | affect, | |||||
| undermine | or | invalidate | the | remaining | provisions | and | parts | of | this | ||||
| Regulation, | instead | its | effect | shall | be | limited | to | the | word, | sentence, | |||
| subparagraph, | subsection, | section, | topic | or | part | so | declared | ||||||
| unconstitutional | or | void | and | the | nullity | or | invalidity | of | any | word, | |||
| sentence, | subparagraph, | subsection, | section, | topic | or | part | of | any | specific | ||||
| case | shall | in | no | way | affect | or | prejudice | its | application | or | validity | in | any |
| other | case, | except | when | it | is | specifically | and | expressly | invalidated | for | all |
cases.
SECTION 2.00 Definitions
2.01 General Provision
| The | terms | or | phrases | defined | below | will | have | the | meaning | set | forth | for |
| each | one | within | the | context | established | herein. |
1. Acre – land measure equivalent to 1.0296 cuerdas and to 4,046.87 square meters.
| 2. Addition: | An | extension, | enlargement | or | increase | of | the | gross | floor | |||
| area | or | height | of | a | structure. | All | additions | will | be | treated | as | new |
construction.
3. Floodplain Administrator: the president of the Puerto Rico Planning
| Board | or | the | person, | entity | or | agency | designated | by | him/her | or | the | |
| Autonomous | Municipality | or | the | Participating | Community | authorized | ||||||
| to | administer | and | implement | this | guide | by | granting | or | denying | |||
| development | permits | in | accordance | with | the | provisions | established | |||||
| thereof; | according | to | the | provisions | of | Public | Law | No. | 3 | of | 1961, | |
| Public | Law | No. | 75 | of | 1975, | Public | Law | No. | 107-2020 | of | the | Puerto |
| Rico | Municipal | Code | or | Public | No. | 161-2009, | also | known | as | the | ||
| Puerto | Rico | Permit | Process | Reform | Act. | The | Administrator | will | be | able | ||
| to | designate | and | grant | functions | or | tasks | to | one | or | more | Floodplain |
Co-administrators.
4. Federal Emergency Management Agency (FEMA): Department of
| Homeland | Security | federal | agency, | which | also | manages | the | National |
| Flood | Insurance | Program. |
| 5. Structural | Modification: | Any | change | to | the | structural | elements | of | a | |
| building | or | existing | structure, | such | as: | load-bearing | walls, | columns, | ||
| beams, | and | roofs; | or | any | addition, | extension, | enlargement | or | ||
| variation | in | size | of | the | existing | structural | elements | or | the | construction |
| in | the | building | of | new | additional | structural | elements, | such | as: | roofs, |
| beams, | columns | or | load-bearing | walls. |
6. Coastal High Hazard Areas: Areas along the coast subject to the base
| flood | and | high | water | velocity, | including | storm | surge. | These | areas | are |
| designated | as | Zone | VE | on | the | Flood | Insurance | Rate | Maps | (FIRM). |
7. Shallow Flooding Area – An area designated AO or AH in the Flood
| Insurance | Rate | Map | (FIRM) | with | a | one | percent | (1%) | annual | chance | of | ||
| flooding | or | more, | with | a | mean | annual | depth | of | one | to | three | (1’- | 3’) |
| feet | where | the | floodway | is | not | clearly | defined, | the | flood | route | is | ||
| unpredictable | and | the | velocity | flow | can | be | evident. | Said | flooding | is | |||
| characterized | by | ponding | or | sheet | flow. |
| 8. Special | Flood | Hazard | Area | – | A | high | hazard | area | defined | as | any | land |
| subject | to | a | one | percent | (1%) | annual | chance | of | being | flooded | (also | |
| called | base | flood). | This | area | may | be | designated | as: | Zone | A, | AE, | AH, |
| AO, | A1-A30, | A99, | V, | VO, | VE | or | V1-V30. | The | Flood | Hazard | Area | |
| standard | includes | a | reasonable | compromise | between | the | need | for | ||||
| building | restrictions | to | minimize | the | possible | loss | of | life | and | property | ||
| and | the | financial | benefits | that | may | result | from | developing | the | |||
| floodplains. | The | development | could | be | built | in | these | Special | Areas | as | ||
| long | as | it | complies | with | state | and | municipal | Floodplain | regulations | |||
| and | ordinances | that | have | to | be | in | accordance | with | the | minimum | ||
| federal | requirements. |
9. ASCE Standard 24 – Flood-resistant design and construction standard developed by the American Society of Civil Engineers (ASCE).
| 10. Increased | Cost | of | Compliance | (ICC) | – | When | a | structure | is | covered | by | ||
| this | policy, | and | it | sustains | a | loss | because | of | a | flood | and | has | been |
| declared | substantially | or | repetitively | (repetitive | losses) | damaged, | the | ||||||
| ICC | helps | cover | the | costs | of | elevating, | flood-proofing, | demolishing | the | ||||
| structure, | or | any | combination | thereof, | if | the | structure | is | eligible | and | |||
| complies | with | ICC | provisions. | This | coverage | is | in | addition | to | the | |||
| Standard | Flood | Insurance | Policy | (SFIP) | coverage, | and | all | the | policies | ||||
| issued | or | renewed | on | or | after | June | 1997, | include | ICC | coverage, | except | ||
| for | the | policies | for | structures | that | fall | under | the | Group | Flood | |||
| Insurance | Policy. |
| The | Standard | Flood | Insurance | Policy | provides | for | the | payment | of | a | ||
| claim | intended | to | help | cover | the | cost | to | comply | with | state | or | |
| municipal | regulations | or | ordinances | for | floodplain | management | due | |||||
| to | a | flooding | event | where | a | building | or | structure | has | been | declared | as |
| having | substantial | or | repetitive | damage. | When | an | insured | building | ||||
| sustains | flood | damage | and | the | state | or | participating | community | ||||
| declares | the | building | has | sustained | substantial | or | repetitive | damage, | ||||
| the | ICC | coverage | will | help | pay | the | cost | of | elevating, | floodproofing, | ||
| demolishing | or | relocating | the | building | up | to | the | previously | ||||
| established | maximum | benefit. | This | coverage | is | in | addition | to | the | |||
| physical | damage | coverage | for | buildings. |
| 11. Coastal | Barrier: | Constitutes | a | declaration | by | the | Federal | Government | ||||||
| of | non-participation | and | discourages | the | development | in | such | areas. | ||||||
| The | Coastal | Barrier | Coastal | Barrier | Resources | Act | (CoBRA) | of | 1982 | |||||
| prohibits | providing | flood | insurance | in | all | the | buildings | in | those | areas. | ||||
| The | purpose | of | the | Act | is | to | minimize | the | loss | of | life, | waste | of | federal |
| funds | and | damage | to | wildlife | and | natural | resources. |
| 12. Barrio, | barrio | pueblo | and | sub-barrios | (division, | town | division | and | ||
| subdivisions) | – | The | municipalities | are | legally | divided | in | smaller | ||
| geographical | areas. | The | barrios | represent | the | main | legal | division | of | |
| each | municipality. | The | barrio | pueblo | tends | to | be | considered | the | |
| urban | center | of | the | municipality. | The | sub-barrios | are | legal | divisions | of |
| the | barrio | pueblo | and | some | adjacent | barrios. |
| 13. Hydrodynamic | Load | – | Pressure | per | unit | of | weight | that | acts | on | |||
| submerged | objects | in | a | liquid | due | to | its | kinetic | energy. | The | |||
| hydrodynamic | load | is | proportional | to | the | square | of | the | liquid | velocity | |||
| according | to | the | ratio | HD= | V2/2G, | where | V | = | liquid | velocity | and | G | = |
| gravity | acceleration. |
14. Hydrostatic Load – Pressure per unit of weight produced by a liquid
| at | rest | on | any | point | of | contact | with | a | structure. | The | static | pressure | |
| increases | with | depth, | affecting | structural | elements, | such | as | floors, | |||||
| walls, | foundation | piles | and | roofs. | The | ratio | is | HS | = | P/Y, | where | P | = |
| static | pressure | and | Y | = | is | the | specific | weight | of | the | liquid | (usually |
water).
| 15. Manufactured | Home | – | a | structure, | transportable | in | one | or | more | ||
| sections, | built | on | a | permanent | chassis | and | designed | to | be | used | with |
| or | without | a | permanent | foundation | when | connected | to | the | required | ||
| utilities | (water, | electricity, | gas, | etc.). |
16. Watercourse: A river, stream or creek channel where water usually flows.
| 17. Floodway: | the | channel | of | a | river, | stream | or | other | watercourse | and | |||
| the | adjacent | land | areas | that | must | be | reserved | in | order | to | discharge | ||
| the | base | flood | without | cumulatively | increasing | the | water | surface | |||||
| elevation | of | the | floodplain | more | than | 0.30 | meters | (one | (1) | foot) | in | ||
| current | detailed | studies | in | accordance | with | sections | 6.01 | and | 7.04. | In | |||
| the | case | of | a | new | detailed | study | in | Zone | A | (Section | 7.02) | and | the |
| evaluation | of | a | deposit | of | fill | (Section | 7.07), | the | maximum | increase | |||
| allowed | would | be | 0.15 | meters | (half | (1/2) | a | foot), | as | determined | by | ||
| the | Hydrologic | – | Hydraulic | Study. |
18. Certification: Declaration by a licensed architect, engineer or
| surveyor | that | the | plans | and | other | documents | submitted | comply | with | |
| the | specifications | of | this | Regulation, | and | are | in | accordance | with | the |
| best | practices | of | the | profession. |
| 19. Elevation | Certificate: | Document | or | form | provided | by | FEMA | (FEMA | |||
| Form | 086-0-33, | revised) | that | provides | for | flood | insurance | rate | |||
| adjustment, | but | does | not | exclude | the | property | from | the | Special | Flood | |
| Hazard | Area. | It | provides | information | about | floor | and | land | elevation, | ||
| among | others, | in | order | to | compare | it | with | the | base | flood | elevation |
| and | determine | if | it | is | necessary | to | adjust | the | flood | insurance. | The |
| certificate | must | be | signed | and | certified | by | a | licensed | land | surveyor, | or |
| professional | authorized | to | perform | land | surveys | in | Puerto | Rico. | This | ||
| certificate | shall | be | required | for | the | evaluation | and | approval | of | a | |
| building | permit. |
20. Flooding Certificate: Declaration by the Planning Board or
| Participating | Community, | which | states | the | flooding | condition | ||||||
| affecting | a | particular | land, | parcel, | lot, | or | area | issued | by | the | Office | of |
| the | Secretary | of | the | Board | or | by | the | office | designated | by | the | |
| Participating | Community | at | the | request | of | any | person, | organization | or |
group.
21. Start of Construction – the date the building permit was issued,
| provided | that | the | actual | and | effective | start | of | construction, | repair, | |
| rebuild, | rehabilitation, | addition, | placement | or | other | improvement | ||||
| took | place | within | 180 | days | of | the | permit | issue | date. | Permanent |
| construction | does | not | include | preparation | of | the | land, | such | as | |
| clearing, | grading, | and | filling; | the | installation | of | streets | or | sidewalks; | |
| the | excavation | for | basements, | footings, | foundations | or | piers; | the | ||
| erection | of | temporary | forms, | or | the | installation | of | accessory | ||
| buildings, | such | as | garages | or | sheds | not | occupied | as | dwelling | units, |
| which | are | not | part | of | the | main | building. |
| For | a | substantial | improvement, | the | actual | start | of | construction | means | |
| the | first | modification | of | any | wall, | roof, | floor, | or | other | structural |
| element | of | a | building, | whether | or | not | that | modification | affects | the |
| dimensions | of | the | building. |
| 22. Community | – | State, | municipal | government | or | political | subdivision | |||
| with | the | authority | to | adopt | and | enforce | the | National | Flood | Insurance |
| Program | regulations. |
| 23. Participating | Community | – | Community | with | local | land | use | authority |
| that | adopts | and | enforces | the | provisions | of | this | Regulation. |
24. Substantial Damage – Damage of any nature sustained by a structure,
| whose | repair | cost | to | its | pre-damage | condition | would | equal | or | exceed | |
| fifty | percent | (50%) | of | the | market | value | of | the | building | before | the |
| damage | occurred. | It | also | means | damage | related | to | flooding | sustained | ||||
| by | a | structure | during | two | (2) | separate | flooding | events | in | a | period | of | |
| ten | (10) | years, | for | which | the | repair | cost | at | the | time | of | said | events |
| equals | or | exceeds | twenty-five | percent | (25%) | of | the | market | value | of | |||
| the | structure | before | the | damage | of | each | of | the | events | occurred. |
25. Datum means the following:
a) Elevation used as a reference (the other points in a map).
b) Horizontal Datum – NAD 83, North American Datum of 1983.
c) Vertical Datum – Level surface to which elevations are referred to
| by | government-related | entities, | such | as | the | Federal | Emergency | |||||
| Management | Agency | and | the | National | Geodetic | Survey | (NGS). | |||||
| The | vertical | datum | most | used | by | FEMA | in | Puerto | Rico | is | MSL | or |
| PRVD-02; | NGVD29 | does | not | apply | to | Puerto | Rico. |
26. Department of Natural and Environmental Resources: Government
Agency created by Public Law No. 23, June 20 of 1972, as amended.
| 27. Development | – | Start, | construction, | change | or | addition | of | any | use | or | |
| structure, | on | land | or | water; | the | unloading, | grading | or | division | of | land |
| in | two | or | more | lots | including, | but | not | limited | to | the | following: |
a) Construction, rebuilding, modification or addition of a building or structure;
b) Change in the type of use for a building, structure or land;
| c) Substantial | increase | in | the | intensity | of | land | use, | such | as | an |
| increase | in | the | number | of | businesses, | offices, | manufacturing | |||
| institutions | or | housing | units | located | in | a | building | or | structure; |
d) The beginning or expansion of the extraction of resources, mining,
| excavation, | farming, | horticulture | or | forest | activities, | on | land | or |
| water | (except | to | obtain | soil | samples); |
e) The demolition of a building or structure, the removal of trees or vegetation of a plot of land;
| f) The | deposit, | or | disposal | of | trash, | solid | or | liquid | waste | or | fill | in | a |
| plot | of | land; |
| g) The | physical | or | chemical | modification | of | the | shore, | bank | or | ||
| channel | of | an | ocean | shore, | lake, | pond, | channel | or | other | body | of |
| water, | or | the | modification | of | any | land | subject | to | flooding. |
28. Land Development: Man-made improvements to land, consisting of
| the | movement | of | soil | to | fill | or | excavate | and | other | urban | development |
| work, | such | as | stamping, | paving, | curbs, | sidewalks, | including, | but | not | ||
| limited | to, | utilities | structures | and | facilities, | such | as: | water | distribution | ||
| systems, | storm, | and | sanitary | drains, | illumination | and | power | ||||
| distribution | and | telephone | lines. |
| 29. Levee: | Man-made | structure | in | the | floodplain, | usually | an | earthen | ||
| berm, | designed | and | built | according | to | the | standard | engineering | ||
| practices | to | contain, | control | or | divert | the | water | flow | to | protect |
| against | temporary | flooding. |
30. Design – Will be understood as that performed for flood protection
| works | necessary | for | a | one | percent | (1%) | annual | chance | flooding | (also |
| called | base | flood). | Flood | control | and | flood-proofing | works | for | the | |
| purposes | of | this | Regulation | will | be | designed | for | the | base | flood |
protection.
31. Freeboard – a safety factor consisting of a free vertical distance
| above | the | base | flood | elevation | that | must | observe | the | minimum | |||
| elevation | of | flood-control | works | and | others, | such | as | bridges | and | |||
| sewers | in | order | to | compensate | for | unknown | or | unforeseen | factors | |||
| when | calculating | base | flood | elevations. | This | freeboard | shall | be | no | less | ||
| than | 0.30 | meter | (1 | foot) | or | as | defined | in | other | applicable | rules | and |
| regulations, | whichever | is | greater. | Where | embankments | (levees) | are | |||||
| concerned, | freeboard | shall | be | no | less | than | 0.91 | meter | (3 | feet). | ||
| In | cases | of | residential | construction, | the | lowest | floor | elevation | will | |||
| have | a | freeboard | of | no | less | than | 0.30 | meters | above | the | base | flood |
| elevation. | For | commercial | use | the | floor | elevation | will | be | in | |||
| accordance | to | the | provisions | established | in | the | zone | where | it | is |
located.
32. Natural Storm Drainage: A depression in the land where water runoff flows.
| 33. Sand | dunes | – | naturally-occurring | accumulations | of | sand | in | ridges | or |
| mounds | inland | from | the | shore. |
| 34. Primary | Frontal | Dune | – | a | continuous | or | nearly | continuous | mound | of |
| sand | with | relatively | steep | seaward | and | landward | slopes | immediately |
| landward | and | adjacent | to | the | beach | and | subject | to | erosion | from | high |
| tides | and | waves | during | major | coastal | storms. | The | inland | limit | of | the |
| primary | frontal | dune | occurs | at | the | point | where | there | is | a | distinct |
| change | from | a | relatively | steep | slope | to | a | relatively | mild | slope. |
| 35. Building | – | Structures | with | a | roof | and | walls, | or | part | of | it, | to | be |
| occupied | permanently | or | temporarily | by | people, | including: | houses, | ||||||
| temples, | offices, | theaters, | warehouses, | factories, | schools, | hospitals, | |||||||
| stores | or | any | other | similar | structure. | See | also | structures. |
36. Elevated Building – A building with no basement built with its lowest
| floor | above | the | ground | by | using | in | its | perimeter | fill | or | solid |
| foundation | walls, | pilings, | columns | (posts | and | piers) | or | shear | walls. |
37. Erosion Caused by Flooding – Landslide along the shores of a body of
| water | as | a | result | of | soil | removal | mechanisms | caused | by | waves | or |
| water | currents | exceeding | their | anticipated | cyclic | events | or | by | an | ||
| unusual | rise | in | the | water | level | or | surge | resulting | in | flooding. |
38. Structures – That which is erected, built, fixed or placed by man on,
| above | or | under | the | ground, | including, | but | not | limited | to, | buildings, |
| towers, | chimneys, | air | transmission | lines. | For | the | purposes | of | ||
| floodplain | management, | a | building | with | walls | and | a | roof, | including | |
| gas | or | liquid | storage | tanks | mainly | above | ground | as | well | as |
| manufactured | housing. |
39. Historic Structure – A structure listed in the National Registry of
| Historic | Sites | or | in | the | Inventory | of | Historic | Sites | or | Places | or | an |
| Eligible | Property | in | a | historic | zone. | Eligible | Property | is | a | property | of | |
| historic | value | that | may | satisfy | the | eligibility | criteria | as | a | Historic | Site, | |
| but | has | not | been | designated | as | such | individually. |
40. Hydrologic-Hydraulic Study – Scientific technical study to determine
| the | different | water | volumes | for | different | flooding | events, | the | analysis | ||
| of | the | characteristics | of | the | bodies | of | water | and | adjacent | lands | to |
| provide | estimates | for | the | flood | elevation | for | different | recurring | |||
| events | within | a | hydrographic | basin. |
41. Flood Insurance Study (FIS): Official report provided by FEMA
| indicating | the | flood | profile | as | well | as | the | floodways, | flooding | limits, |
| and | base | flood | elevation. |
42. Exception: Authorization to utilize a property for a use admitted and
| tolerated | by | the | regulation | in | a | zone | or | district, | as | long | as | it | complies |
| with | the | requirements | or | conditions | established | in | the | applicable | |||||
| regulation | authorizing | said | use. |
43. Flood:
| a) A | general | and | temporary | condition | of | partial | or | complete |
| overflow/ | inundation | of | usually | dry | land | areas | from: | |
| 1. the | overflow | of | inland | or | tidal | waters; | ||
| 2. the | unusual | and | rapid | accumulation | or | runoff | of | surface |
| waters | from | any | source; |
| 3. mudflow; | or |
| b) the | collapse | or | subsidence | of | land | along | the | shore | of | a | lake | or |
| other | body | of | water | as | a | result | of | erosion | or | undermining | caused | |
| by | waves | or | currents | of | water | exceeding | anticipated | cyclical | levels | |||
| resulting | in | a | flood | as | defined | in | (a) | above. |
| c) For | insurance | purposes, | a | flooding | event | involves | two | (2) | or | more | |
| acres | of | usually | dry | land | area, | or | two | (2) | or | more | properties. |
| 44. Base | Flood: | A | flood | having | a | one | percent | (1%) | chance | of | being | |||
| equaled | or | exceeded | in | any | given | year. | It | is | known | as | a | flood | with | a |
| recurring | period | of | one | hundred | (100) | years. |
| 45. Critical | Facilities: | All | man-made | structures | or | improvements, | which | ||||
| are | important | because | of | their | size | or | service | with | the | potential | to |
| cause | or | disrupt | vital | activities | without | being | destroyed, | damaged, | or | ||
| if | their | services | are | suddenly | interrupted | by | a | natural | or | ||
| anthropogenic | phenomenon, | such | as: |
a) hospitals, nursing homes and housing probably occupied by
| people | without | enough | mobility | to | prevent | their | death | or | lesions |
| during | a | flooding | event; |
| b) police | stations, | fire | stations, | vehicle | and | equipment | storage | |
| facilities, | and | emergency | operation | centers | necessary | for | ||
| response | activities | before, | during | and | after | a | flooding | event; |
c) public and private utilities facilities vital to maintaining or
| restoring | regular | services | in | flooded | areas | before, | during, | and |
| after | a | flooding | event. |
46. The Adjudicative Board of OGPe –
a) The Adjudicative Board is an agency attached to the OGPe. It is responsible for evaluating and adjudicating final determinations
| regarding | discretional | character | and | have | the | duties | and | ||
| responsibilities | pursuant | to | Public | Law | 161-2009, | the | provisions | of | |
| this | Regulation, | as | well | as | any | other | applicable | OGPe | internal |
regulation.
| b) The | final | determinations | of | the | Adjudicative | Board | will | be |
| considered | final | OGPe | determinations, | who | will: |
1) Notify any final determination from the Adjudicative Board to
| all | the | parts | involved | within | a | period | no | greater | than | ten | (10) |
| days | from | its | issue | date. |
| 2) | The | final | determination | notification | from | the | Adjudicative | |||
| Board | shall | include | the | findings | of | fact | and | conclusions | of | law. |
47. Planning Board - government body created by Public Law No. 75 of
| June | 24, | 1975, | as | amended, | also | known | as | the | Organic | Law | of | the |
| Puerto | Rico | Planning | Board. | It | is | also | the | State | Coordinating | Agency | ||
| for | the | National | Flood | Insurance | Program | and | the | Floodplain |
Administrator.
48. Land Subdivision - refers to the division of a property into two (2) or
| more | parts | for | its | sale, | transfer, | lease, | donation, | usufruct, | use, | |||
| census, | trust, | division | of | inheritance | or | community, | or | any | other | |||
| transaction; | as | well | as | for | the | construction | of | one | (1) | or | more | |
| buildings; | constituting | community | property | about | a | lot, | plot | or | parcel | |||
| of | land, | where | the | specific | lots | are | assigned | to | the | co-owners; | as | well |
| as | for | the | construction | of | one | (1) | or | more | buildings; | and | also | includes |
| urban | development, | as | defined | in | the | applicable | regulation; | it | also | |||
| includes | a | mere | land | segregation. |
49. Map - Geographic or topographic representation of the flood hazard area.
| 50. Flood | Insurance | Rate | Map | (FIRM) | - | official | map | prepared | and |
| approved | by | FEMA, | adopted | by | the | Planning | Board, | which | identifies |
| the | Special | Flood | Hazard | Areas | according | to | the | following | zones: |
a. Zone A - Special Flood Hazard Area with a recurring period of
| one | hundred | (100) | years | determined | by | using | approximate |
| methodologies | with | no | base | flood | elevation | or | Floodway |
determined.
b. Zone AE - Special Flood Hazard Areas with a recurring period
| of | one | hundred | (100) | years | determined | by | detailed | ||
| methodologies | with | base | flood | elevations | indicated. | According | |||
| to | the | scope | of | the | study, | may | include | the | Floodway |
determination.
c. Zone AO/AH – shallow Special Flood Hazard Areas with a
| recurring | period | of | one | hundred | (100) | years | with | a | base | flood |
| depth | fluctuating | between | 0.30 | meters | (one | (1) | foot) | and | 0.91 | |
| meters | (three | (3) | feet). | The | average | flood | depths | are | obtained | |
| from | a | detailed | hydraulic | analysis. |
d. Zone A99 – areas prone to flooding from a flooding event with
| a | one | percent | (1%) | annual | chance | of | occurring. | These | special | |
| areas | are | within | a | flood | protection | or | control | system | where | |
| enough | progress | has | been | made | in | its | construction, | even | ||
| though | it | has | not | been | completed, | but | the | specific | statutory | |
| progress | has | been | reached | to | complete | it. | This | zone | does | not |
| detail | base | flood | elevations | or | flooding | depths, | so | it | is | |
| recommended | to | use, | if | required, | the | previous | flood | elevation | ||
| for | Zone | 99. | Mandatory | flood | insurance | purchase | ||||
| requirements | apply. |
e. Zone D – Flooding area that is not determined but is possible.
f. Zone VE – Coastal high flood hazard area with a recurring
| period | of | one | hundred | (100) | years | with | velocity | and | energy |
| (storm | surge) | and | a | determined | base | flood | elevation. |
g. Zone X (shaded) – flooding area with 0.2% chance of occurring
| each | year | or | the | one | hundred | (100) | year | flood | with | a | water |
| depth | of | less | than | 0.3 | meters, | with | drainage | areas | of | less | than |
| 2.6 | square | kilometers | or | areas | protected | by | levees | against | the | ||
| one | hundred | (100) | year | flood. |
h. Zone X (unshaded) - Area determined to be outside the five hundred (500) year storm flood.
| 51. Floodproofing | Measures | – | refers | to | techniques | or | a | combination | of |
| measures, | that, | when | applied, | prevent | floodwaters | from | entering | the | |
| structure, | thus | protecting | its | utilities | and | equipment | or | structural |
elements.
| 52. Dry | Floodproofing | – | a | combination | of | measures | that | result | in | a |
| structure, | including | its | utilities | and | equipment, | to | be | waterproof, | with |
| all | its | elements | substantially | impermeable | to | the | entrance | of | water, |
| with | all | structural | elements | being | able | to | resist | hydrostatic | and |
| hydrodynamic | loads | and | the | flotation | effect. |
53. Substantial Improvement - any addition, reconstruction,
| rehabilitation | or | other | improvement | to | a | structure, | where | the | total | ||
| cost | of | the | improvement | over | any | continuous | ten-year | (10) | period | ||
| equals | or | exceeds | fifty | percent | (50%) | of | the | current | market | value | of |
| the | structure, | or | the | value | according | to | an | appraisal | prepared | and | |
| certified | by | a | professional | appraiser | before | starting | the | construction | |||
| of | the | improvements. |
However, it does not include:
| a) Any | improvement | project | to | structures | in | order | to | correct |
| violations | to | state | or | municipal | health, | sanitary | or | life- |
| protection | safety | code | specifications | identified | by | the | specific | |
| agency | constituting | minimum | requirements | to | ensure | safe | ||
| living | conditions. |
| b) Any | modification | of | a | historic | structure | provided | that | the |
| modification | does | not | preclude | the | structure | continues | being | |
| designated | as | a | historic | structure. |
54. Cumulative Substantial Improvement: Substantial improvement with
| a | repair | or | improvement | cost | accumulated | during | a | period | of | time | in |
| a | way | that | the | structure | is | required | to | comply | with | the | floodplain |
| regulation. | It | usually | also | refers | to | cumulative | substantial | damage. |
| 55. Municipality: | Geographical | demarcation | with | all | its | barrios | (divisions), | ||||
| which | has | a | specific | name | and | is | governed | by | a | local | government, |
| composed | of | a | Legislative | Branch | and | an | Executive | Branch. |
56. Autonomous Municipality: Municipality with an effective Territorial
| Ordinance | Plan | that | has | had | the | Territorial | Ordinance | competencies | |
| transferred | in | accordance | with | the | provisions | of | Public | Law | 107-2020 |
| of | the | Puerto | Rico | Municipal | Code. |
| 57. Base | Flood | Elevation | - | anticipated | maximum | elevation | reached | by | |||
| the | overflowing | waters | of | a | river, | stream | or | other | watercourse | during | |
| a | base | flood. | The | elevation | with | one | percent | (1%) | chance | to | be |
| equaled | or | exceeded | in | any | given | year. |
| 58. Mean | Sea | Level | (MSL) | - | for | the | purposes | of | Floodplain | |
| Administration, | the | Puerto | Rico | Vertical | Datum | (PRVD-02) | or | any | ||
| other | datum | used | by | the | National | Geodetic | Survey | (NGS) | to | reference |
| the | base | elevation | in | the | participating | community’s | Flood | Insurance | ||
| Rate | Map | (FIRM). |
59. Highest Adjacent Grade - the highest natural elevation of the ground
| surface | prior | to | construction | and | next | to | the | exterior | walls | of | the |
| proposed | structure. |
60. New Construction: structure for which the start of construction
| began | on | or | after | the | effective | date | of | the | provisions | established | in |
| this | Regulation, | including | any | subsequent | improvements | to | such | ||||
| structure. | For | the | effects | of | this | Regulation, | any | addition | that | includes | |
| an | enlargement | of | the | gross | floor | area | will | be | evaluated | as | new |
construction.
61. Encroachment (obstruction, invasion or restriction) - Includes any
| dam, | diversion, | development, | new | construction, | riprap, | ||||||
| embankment, | levee, | dike, | pile, | abutment, | projection, | excavation, | |||||
| channel | rectification, | bridge, | conduit, | culvert, | fill | or | any | other | |||
| analogous | or | natural | structure | along, | across, | or | projected | into | any | ||
| regulatory | floodplain, | which | may | impede, | delay, | or | alter | the | water | ||
| flow | pattern, | either | by | itself | or | by | catching | or | collecting | debris | carried |
| by | water | or | located | where | the | natural | flow | of | water | would | carry |
| them | downstream | and | cause | damage | or | loss | of | either | life | or |
property.
62. Permits Management Office (OGPe, by its Spanish acronym) - the
| OGPe | is | created | in | accordance | with | Public | Law | 161-2009, | known | as | |
| the | Puerto | Rico | Permit | Process | Reform | Act. | It | is | directed | by | an |
| Assistant | Secretary | or | the | officers | that | replace | him/her | or | whoever | ||
| the | powers | and | attributions | have | been | delegated | to, | as | provided | in | |
| Public | Law | 161-2009, | as | amended. |
63. Breakaway Wall - A wall that is not part of the structural support of
| the | building | and | is | intended | through | its | design | and | construction | to |
| collapse | under | specific | lateral | load | forces, | without | causing | damage | to | |
| the | elevated | portion | of | the | building | or | supporting | foundation | system. |
64. Manufactured Home Park or Subdivision – A parcel (or contiguous
| parcels) | of | land | divided | into | two | or | more | manufactured | home | lots | for |
| rent | or | sale. |
| 65. Repetitive | Loss | - | Flood-related | damage | to | a | structure | in | two | (2) | |
| separate | flooding | events | in | any | ten | (10) | year | period | for | which | the |
| average | repair | cost | at | the | time | of | the | events | equals | or | exceeds |
| twenty-five | percent | (25%) | of | the | market | value | of | the | structure | before | |
| the | damage | occurred | in | each | event. |
66. Person: Any natural or legal, public or private person and any group thereof.
| 67. Lowest | Floor | – | the | lowest | floor | of | the | lowest | enclosed | area | (including | |
| the | basement). | An | unfinished, | flood | resistant | enclosure, | used | solely | ||||
| for | parking | of | vehicles, | building | access, | or | storage | in | an | area | that | is |
| not | the | basement, | is | not | considered | the | building's | lowest | floor, | |||
| provided | that | such | enclosure | is | not | built | in | violation | of | the | design | |
| elevation | requirements | applicable | to | this | Regulation. |
68. National Flood Insurance Program (NFIP): Program created by the
| United | States | Congress | in | the | year | 1968, | which | makes | flood | insurance |
| available | to | the | participating | communities. |
69. Property: Land, building, structure or any combination thereof, including historic sites.
| 70. Creek: | Watercourse, | which | is | part | of | the | tributary | system | of | a | river | or |
| discharges | into | a | lake, | lagoon, | sea | or | ocean. |
| 71. Real | and | Effective | Construction | – | The | start | of | urban | development | ||
| and | permanent | construction | works | of | an | above | ground | structure | that | ||
| goes | beyond | the | excavation | stage, | such | as: | the | casting | of | the | floor |
| slab | or | foundation, | driving | piles, | the | construction | of | columns | and | any | |
| work, | or | placement | of | a | manufactured | home | on | its | foundations. |
72. Reconstruction - The restoration or renewal of any part or parts of a
| structure. | When | dealing | with | properties | with | historic | or | architectonic | |||
| value, | it | refers | to | the | new | construction | that | copies | the | materials | and |
| form | of | the | historic | structure | that | predates | it | based | on | proven | |
| documentation | or | substantiated | by | scientific | evidence | through | the | ||||
| study | of | typologies. |
73. Repair - The replacement of existing minor work in a structure,
| without | including | additional | work | that | constitutes | a | structural | or | ||
| façade | modification, | expansion | in | area | or | height, | or | change | to | the |
| means | of | egress. |
| 74. River | - | watercourse | that | acts | as | the | main | drainage | of | a | basin | and |
| discharges | into | another | river, | lake, | lagoon, | sea | or | ocean. |
75. Flood Insurance - insurance coverage proposed under the National
Flood Insurance Program (NFIP).
| 76. Basement | - | any | portion | of | a | structure | that | has | its | floor | below | ground | ||
| level | on | all | sides | or | that | part | of | a | building | located | below | the | elevation |
This is the start of the file's text. The full file is on GovTribe.
File details come from the government source that posted it. Updated .