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HLPC Testimony <br /> 01 June 2007 <br /> Re: Bi1151, D3 <br /> Chapter 27 was originally adopted specifically to conform to the FEMA's Flood Insurance <br /> <br /> Administration requirements and was intended to address activity with SPECIAL FLOOD HAZARD <br /> areas as identified by the Flood Insurance Rate Map. The Council is proposing to expand the <br /> applicability of this Chapter to cover the entire island of Hawaii, which may inadvertently put Hawaii <br /> County's eligibility for Flood Insurance Program at risk. <br /> I. Development is defined in part as "any manmade change to improved or unimproved real <br /> estate" and therefore includes farming, residential construction and other similar activities. <br /> II. The proposed FEMA regulations, along with additional requirements proposed by DPW, will <br /> help to protect new developments in the event of catastrophic flooding events (100 year <br /> floods). On the other hand, the proposed amendments will not protect existing residences <br /> that are facing flood impacts and the additional proposed regulations may make it difficult <br /> and/or impossible for those being impacted by floods to improve their homes. <br /> III. There will be flooding and regulations will not reduce the amount of rainfall or runoff <br /> occurring from undeveloped areas. This run-off will continue no matter what development <br /> activity occurs and mitigations measures provided in downstream areas. <br /> IV. There is flooding and there is drainage. Flooding events (100 year storms, tsunamis or <br /> storm waves) are intended to be addressed in Chapter 27. Drainage mitigation from <br /> development activities is addressed by Chapter 10, Grading, Chapter 23, Subdivision and <br /> Chapter 25, Zoning. These two concepts should not be mixed. <br /> V. Failure to adopt the FEMA compliance revisions will put the Flood Insurance Program at <br /> risk in Hawaii County. <br /> Respectively, a number of the proposed amendments may not have an impact. However, when <br /> combined or linked, there are significant impacts that should be considered. These include: <br /> a. Section 27-16 (a)(1) requires that all building permits, certificates of occupancy, grading <br /> permits and DEVELOPMENT or subdivision approvals shall be reviewed to determine <br /> whether the requirements of this chapter have been satisfied. <br /> b. Section 27-16(a)(2) and (a)(5) further requires DPW (in its role as floodplain <br /> administrator) to review all other government permits, including state and federal <br /> permits and approvals, are in compliance with Chapter 27. <br /> c. Section 27-12(~ defines "Development" as any "manmade change to improved or <br /> unimproved land". <br /> d. Section 27-12(~ redefines "Floodplain or flood-prone area' means any land area <br /> susceptible to being inundated by water (i.e., THE ENTIRE ISLAND OF HAWAII) from <br /> any source. <br /> Page 2 of 3 <br /> <br />