12 Miss. Code. R. 10-200.3

Current through December 10, 2024
Section 12-10-200.3 - Permit Procedures
(a) Each state agency or person that proposes to undertake a development or improvement activity to state-owned property or building, and that property or building is located in a known FEMA Special Flood Hazard Area zone A, AE, V or VE, must complete a Floodplain Management Permit Application. This permit application is provided by the DFA Office of State Property Insurance, and can be obtained from this department website. At the bottom of this Section 200.3 is the link for these application forms. These forms are completed with the initiation and early planning for a development activity and submitted to the State Floodplain Manager. If the proposed development to an existing structure is determined to be less than a Substantial Improvement, no additional forms or approval is required for the development project. STEP ONE documents are submitted to the State Floodplain Manager and the case is closed and filed.
(b) If the development is new and/or considered a substantial improvement, the Applicant/Agency continues the Floodplain Management Permit Application. This involves completion of the STEP TWO form, obtaining a Control Code, completion of all information on the form, and submission of all required attachments and items listed on form. Upon receipt of the initial STEP TWO forms, the State Floodplain Manager will process the application. If the STEP TWO form is approved, the State Floodplain Manager will provide a Floodplain Development Initial Approval Letter to the Applicant and the Agency Executive Director. Later in the development process when the final certification of elevation and final complete drawings and specifications are available, they are forwarded to the State Floodplain Manager. If the last requirements of the STEP TWO form are received and approved, the State Floodplain Manager will provide a Floodplain Development Final Approval Letter to the Applicant and the Agency Executive Director.
(c) If the STEP TWO form is not approved, the State Floodplain Manager will immediately contact the Applicant/Agency to discuss and address the items/issues surrounding the cause for disapproval, and seek ways to bring the form into compliance. If no changes or alterations can be made for the development project, the State Floodplain Manager will provide a Floodplain Development Denial Letter to the Applicant and the Agency Executive Director.

Floodplain Permit Application Process

STEP

TIMELINE REQUIREMENT

Floodplain Management Permit Application - STEP ONE form

Submit as soon as possible following initiation of project planning but in no case prior to advertisement of procurement.

STEP TWO form

Due at least 15 calendar days prior to advertisement of procurement.

Flood Development Initial Approval Letter

Sent by State Floodplain Manager with approval for all initial STEP TWO form documents/attachments. Sent within 15 days of receipt of documents/attachments.

Flood Development Final Approval Letter

Sent by State Floodplain Manager with approval for all final STEP TWO form documents/attachments. Sent within 15 days of receipt of documents/attachments.

Flood Development Denial Letter

Prepared by State Floodplain Manager for all unapproved projects within 15 days of receipt of all STEP TWO form and documents

(d) Completion of the Floodplain Permit Application form(s) is required, including:
1. A complete description of the development;
2. Plans and specifications drawn to scale showing the nature; location dimensions, and elevations of the area in question; existing, on proposed structures, fill, storage of materials, drainage facilities, location and necessary for adequate review;
3. Elevation in relation to mean sea level of the existing or proposed lowest floor (including basement) of all structures;
4. Elevation in relation to mean sea level to which any non-residential structure will be flood-proofed;
5. Certificate from registered (in Mississippi) professional engineer or architect that non-residential flood-proofed structure will meet the flood-proofing criteria (FEMA Floodproof Certificate can be found on DFA Office of State Property Insurance website);
6. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development;
7. A floor elevation or flood-proofing certification after the lowest floor is completed, or in instances where the structure is subject to the regulations applicable to Coastal High Hazard Areas, after placement of the horizontal structural members of the lowest floor. Upon placement of the lowest floor, or flood-proofing by whatever construction means, or upon placement of the horizontal structural members of the lowest floor whichever is applicable;
8. A certification of the elevation of the lowest floor, flood-proofed elevation, or elevation of the lowest portion of horizontal structural members of the lowest floor, whichever is applicable, as built, in relation to mean sea level. Said certification shall be prepared by or under direct supervision of registered (in Mississippi) land surveyor or professional engineer and certified by the same. When flood-proofing is utilized for a particular building, said certification shall be prepared by or under the direct supervision of professional engineers or architect registered in Mississippi and certified by the same. Any work undertaken prior to submission of the certification shall be at the permit holder's risk. The State Property Floodplain Manager shall review the floor elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the survey or failure to make said corrections required hereby shall be cause to issue a stop work order for the project;
9. An estimate of the cost to perform the proposed improvements or repairs. If the building has been damaged, the cost estimate must include all work required to repair the building to its pre -damage condition. The cost estimate must include all labor and materials. If the work will be done by a contractor, the contractor's overhead and profit must be included with breakdown by category details;
10. A market value appraisal of the building (structure only, not land) that is prepared by a Mississippi licensed professional appraiser according to standard practices of the profession.

If FEMA has not defined the SFHA within a community (State of Mississippi), the community shall require permits for all proposed construction or other development in the community including the placement of manufactured homes, so that it may determine whether such construction or other development is proposed within flood-prone areas. Permits are required to ensure that proposed development projects meet the requirements of the NFIP and the community's floodplain management ordinance.

DFA, Office of State Property Insurance, State Floodplain Management website for Forms:

http://www.dfa.ms.gov/dfa-offices/state-property-insurance/forms/

12 Miss. Code. R. 10-200.3

Adopted 8/16/2019
Amended 2/3/2020