Posted by David Krulac on November 25, 2005 at 22:36:57:
you could:
not move any of the homes in the floodway.
Check FEMA maps to make sure the interpretation is correct.
There is a big difference between flood way and flood plain, make sure you and the city are using the terms correctly.
homes can be elevated in the flood plain, such that they are not in the flood zone by elevation.
your grandfather rights are lost when you remove the home from the flood way.
the FEMA maps can be challenged by engineering studies and getting an exception letter. this is time and money consuming process and is difficult but not impossible.
BTW have these homes actually been flooded, like ever?
Fema floodway vested rights - Posted by Stan Matthews
Posted by Stan Matthews on November 20, 2005 at 23:29:52:
I purchased in 1997 a 93 space mobile home park which was established in 1972.For 5 years I moved homes in and out as needed. Then one day I recieved a registered letter from my cities planning director explaining to me that I could no longer move homes onto 28 of my spaces due to the fact these spaces are in the floodway of a small branch that flows down the edge of the property!I was in the middle of upgrading these homes(not spaces) which are visible from the main road. This has been 2 years ago and I am unsure of which direction to go.
I thought there was such a thing as vested rights because the property was established before fema and the floodplain management went into effect in 1974. Any thoughts or advice would be greatly appreciated.