The Town of Marlinton Floodplain Ordinance was prepared with the intention of meeting the requirements of section 60.3 (d) of the National Flood insurance Program and the National Floodplain Insurance Act of 1968 (Public Law 91-152) Amended by the Congress of the United States through the 15th of February 1975, West Virginia Code 7-1-3v, 7-1-3n, and 7-1-3kk, and WV Code 8A-4-2, 8A-7-2. Article I and Section 1.1A to promote the general health, welfare and safety of the community.
A property owner planning improvements should obtain a copy of the Floodplain Ordinance and become familiar with the definitions of “Elevation and Substantial Improvement.” Be aware of low assessment and how it affects Substantial Improvement. An owner can benefit by investing in an independent appraisal in order to raise the value as much as possible. Then, 50 percent of higher value can be used for improvement. FEMA regulation only allows for the 50 percent number.
Each foot of elevation above baseline will decrease insurance premiums. An owner may not be interested in flood insurance at the present time. But, at some point, an owner may want to sell the property. If and when that would happen, chances are a new owner will need help with financing. Any lending institution will require floodplain insurance. If the property has not maintained compliance, it may not be eligible for coverage. The town is tasked with enforcement of regulations or risks removal from the program. If that were to happen, coverage would be canceled, and loans would be called.
If the property you propose to develop or improve is located within a “Special Flood Hazard Area” on a flood map issued by the Federal Emergency Management Agency (FEMA), you MUST obtain a Floodplain Development Permit prior to beginning the project. This is a requirement of the Town of Marlinton Floodplain Ordinance, and there are penalties for failing to do so, including fines, high insurance rates or the inability to obtain flood insurance.