Conditional Letter Of Map Revision (CLOMR)/Letter Of Map Revision (LOMR)
Changes to the water surface elevation in studied areas are usually reported to FEMA by submission of a CLOMR and LOMR. A CLOMR, if required, is submitted to FEMA prior to initiating work to receive approval for the project design and the impacts on the floodplain; a LOMR is submitted after the project has been completed. The approval of a CLOMR application by FEMA requires significant time (six to 12 months), which needs to be factored into the required design time to prevent delay of the project letting. A community may attempt to require TxDOT to submit a CLOMR and a LOMR, based on a 44CFR 60.3 requirement for participating communities to notify FEMA of all changes to the BFE. However, the requirement does not apply to TxDOT because the State of Texas is not a participating community in the NFIP, as discussed above. Additionally,
states in the first paragraph, “The community, by necessity, is the one who must submit proposals to FEMA for amendments to NFIP ordinances and maps in that community should it be necessary.” See also
. TxDOT provides the technical data to the FPA, as required in 44CFR 60.3, through FPA Notification to enable the FPA to submit it to FEMA.TxDOT will prepare and submit a CLOMR/LOMR for very few situations, as described below. This is more likely to happen on large projects which involve major changes to the floodplain, such as channel realignment or channel restoration. However, the designer must consult the DES-HYD before proceeding with the CLOMR/LOMR process.
ALL CLOMRS MUST BE REVIEWED BY DES-HYD BEFORE SUBMITTAL TO THE FPA.
A CLOMR may be prepared and submitted in the following limited circumstances:TxDOT will not file a CLOMR to better define the floodplain for projects in a Zone A. TxDOT will not file a CLOMR to redefine a Zone AE where TxDOT improvements drop the water surface elevation of the BFE, or otherwise change the floodplain footprint, so as to encourage additional development. Improvements in the floodplain that may result from TxDOT projects are considered incidental. However, as for any project, TxDOT will still provide its plans and studies in these cases for the community records.
- An encroachment on a floodway of a SFHA results in a rise (not contained within the TxDOT ROW) of the base flood elevation in a Zone AE with Floodway. Alternatively, a larger bridge or culvert may be preferable.
- Increases in water surface elevations (not contained within the TxDOT ROW) exceed the usually available (or remainder of) a cumulative 1-foot rise in a Zone AE. Alternatively, a larger bridge or culvert may be preferable.
- An increase in water surface elevation (not contained within the TxDOT ROW) results in a significant increase of the horizontal extent of the floodplain footprint in unusually flat areas and in a Zone AE. Alternatively, a larger bridge or culvert may be preferable.
- A major channel relocation in a Zone AE that is outside the TxDOT ROW.
- Where a relief structure is outside the SFHA containing the main structure and a risk exists of development immediately downstream of the relief structure that might interfere with the operation of the relief structure. Alternatively, a larger main structure may be preferable.
TxDOT will not file a CLOMR to better define the floodplain for projects in a Zone A. TxDOT will not file a CLOMR to redefine a Zone AE where TxDOT improvements drop the water surface elevation of the BFE, or otherwise change the floodplain footprint, so as to encourage additional development. Improvements in the floodplain that may result from TxDOT projects are considered incidental. However, as for any project, TxDOT will still provide its plans and studies in these cases for the community records.