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1316 Properties

What is a 1316 property?
A 1316 property is a property that has failed to come into compliance with local floodplain regulations. A property that has been deemed 1316 under Section 1316 of the National Flood Insurance Act of 1968 (as amended) will remain a 1316 property until current compliance is met. Failure to meet compliance with current local floodplain regulations may result in the denial of flood insurance and possibly the denial of future federal disaster assistance. 

Is this for any property?
No. 1316 indicators are a result of failure to comply with local floodplain regulations, therefore it is only structures that are located within the flood plain or floodway (Zone AE) that is at risk for becoming a 1316 property.  Structures that are located outside of the flood plain or floodway do not have to comply with flood plain ordinances and not at risk of becoming a 1316 property. 

How does my property end up listed as 1316?
Typically after a disaster, once the initial damage has occurred, a windshield assessment or other data collection is completed by the local jurisdiction in regards to the amount of damage sustained to the structure. That data is then placed into a formula to determine the amount of damage that occurred and the estimated cost to repair. This formula provides a percentage of the cost to repair the home. If the structure is determined to meet or exceed 50% of the market value for repair it will be classified as substantially damaged. 

Substantially Damaged means that the cost to repair the home is equal to 50% or exceeds the market value of the home before the damage occurred. The local jurisdiction will provide the homeowner with a letter of Substantial Damage determination. This letter will indicate that the homeowner will need to come into the current flood plain regulations prior to repair/rebuild. 

Failure to come into compliance will eventually get the property listed as 1316. This listing will be turned over FEMA and will remain listed as a 1316 property until compliance is met.

How can I get the 1316 indicator removed from my property?
The structure will need to be brought into current compliance with the Montgomery County flood plain requirements. Substantially damaged structures must be elevated to at least one foot above the base flood elevation as indicated in the FEMA Flood Insurance Study. A surveyor will be able to survey the elevation of the property to determine how high a particular structure must be elevated to meet the county requirement. 

Once current compliance with county ordinances has been met the 1316 indicator is able to be removed.

Can I appeal the 1316 listing?
The 1316 indicator is a result of failure to comply with local flood plain regulations. This failure to comply comes from substantial damage determination.  You are able to appeal the substantial damage determination by:

          1. Submit a complete contractor's estimate to repair the damage. The estimate must be on the official contractor's letterhead with the contractor's name, address, and phone number, and other pertinent contact information. 

          2. An owner may appeal the market value amount by providing an appraisal from a certified appraisal company that shows the pre-flood market value of the structure. 

Is damage the only way to end up listed as a 1316 property?
No. The 1316 indicator is a result of failure to comply with local flood plain regulations, the most common way a property is listed as 1316 is from a result of substantial damage; however, it is not the only way. 

Substantial improvements to a structure also require current compliance to flood plain regulations. If compliance is not met with substantial improvement, then it can also be listed as 1316 as a failure to comply with local flood plain regulations.

Substantial improvement is any rehabilitation, addition, or other improvements of a structure when the cost of the improvement equals or exceeds 50% of the market value of the building before the start of construction of the improvement.

Find the Montgomery County 1316 list here or contact Montgomery County Engineering 936.539.7833 and ask to speak with the Flood Plain Administrator.



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