Replacement of home in "floodway"

[WJA]

We have a home on a small creek. Up to 1998, the home was located in what is called the "flood fringe". A re-mapping by FEMA of the flood FIRM maps in 1998 puts the home in the "floodway". The new status carries with it a Village restriction that if more than 50% of the building is damaged, it cannot be repaired or replaced. The State regulation on this same topic is less restrictive, and also exempts from the restriction homes that were built prior to the date of adoption of the regulation (1987).

The Village regulation reduces the resale value of the property substantially in that anyone buying it is taking the risk of losing their entire investment should damage occur that covers more than 50% of the home. Since no new construction can be done in the floodway, the value of the land itself is also zero in the case of 50% damage. About all that the property could be used for would be an unpaved parking lot!

The home was built in 1960, long before the 1991 adoption of the current Village ordinance.

Is the Village within its rights to so restrict repair and replacement of the home, even thought the home was there long before the ordinance was in effect? The State regulation exempts homes built before the State rule was put in effect. The State rule says that the Village has jurisdiction as long as the Village rule is at least as restrictive as the State rule.

What should I do to remedy the situation?

 

[gottago]

What's that old saying?? You can't fight Village Hall....

If you want to try to get an exemption, you're going to need an attorney and a lot of cash. Your best bet is to contact a local attorney who understand's your village/state laws concerning this matter. An initial consultation isn't going to cost much, and it can answer most of your questions.