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2026 Annual Town Meeting, Town of Arlington, MA

Article: 44

Warrant Article Title:

ZONING BYLAW AMENDMENT / FLOODPLAIN DISTRICT

Warrant Article Text:

To see if the Town will vote to amend Section 2 Definitions, and

Section 5.7 of the Zoning Bylaw to assure compliance with

mandatory National Flood Insurance (NFIP) requirements and all

other updated requirements set forth by the Federal Emergency

Management Agency so that residents of the community continue

to be eligible to receive flood insurance; or take any action related

thereto.

Requested By:

the Redevelopment Board

Report Excerpt:

The Board recommends Favorable Action (5-0).

The purpose of Article 44 is to bring the Town’s Zoning Bylaw into

compliance with state and federal requirements for floodplain

management, ensuring that local regulations remain consistent

with standards for public safety and hazard mitigation.

As a participating community in the National Flood Insurance

Program (NFIP), Arlington must update the local floodplain

regulations in the Zoning Bylaw to adopt language contained in

the Massachusetts Floodplain Model Bylaw as published by the

state Department of Conservation and Recreation (DCR). Failure

to meet this requirement could result in the Town's suspension

from the NFIP. Continued participation in the NFIP enables

property owners in designated flood areas to obtain federally

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backed flood insurance and allows the Town to remain eligible for

certain forms of federal disaster assistance.

The proposed changes accompany an update to the Federal

Emergency Management Agency's (FEMA) floodplain maps,

which establish revised boundaries for areas at risk of flooding

based on current data and modeling. These maps provide the

Town with new boundaries of areas where flooding is expected to

occur. The maps were adopted by the Town with approval from

the Conservation Commission and had an effective date of July 8,

2025. The model bylaw parallels the existing Floodplain Overlay

District with small changes to contemporize the relevant section of

the Zoning Bylaw (e.g., referencing the FEMA maps and

describing where they can be accessed).

DCR has reviewed and approved the proposed revision to the

Zoning Bylaw.

As failure to meet the requirements could result in the Town's

suspension from the NFIP, the Board agreed that Article 44 is a

necessary update to the Zoning Bylaw.

Vote Language:

That the Zoning Bylaw be and hereby is amended as follows:

Amend SECTION 2, Definitions, as follows:

Flood Map: A map prepared by the Federal Emergency

Management Administration (FEMA) designating

approximate flood hazard areas. Flood hazard areas are

designated as unnumbered A-Zones and do not contain

floodway lines or regional flood elevations. This map forms

the basis for both the regulatory and insurance components

of the National Flood Insurance Program.

Floodway: The limits of flooding from a particular body of water

caused by a storm whose frequency or occurrence is once in

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a given number of years, as determined by FEMA or a

licensed professional acceptable to the Conservation

Commission.

Definitions Associated with Floodplain

Agricultural Facilities: Any lots, buildings, or structures used solely

for agricultural purposes in which the use is exclusively in

connection with the production, harvesting, storage, drying,

or raising of agricultural commodities, including the raising of

livestock.

Development: Any human-made change to improved or

unimproved real estate, including but not limited to building

or other structures, mining, dredging, filling, grading, paving,

excavation or drilling operations or storage of equipment or

materials.

Flood Map: A map prepared by the Federal Emergency

Management Administration (FEMA) designating

approximate flood hazard areas. Flood hazard areas are

designated as unnumbered A-Zones and do not contain

Floodway lines or regional flood elevations. This map forms

the basis for both the regulatory and insurance components

of the National Flood Insurance Program.

Floodway: The channel of the river, creek, or other watercourse

and the adjacent land areas that must be reserved in order

to discharge the base flood without cumulatively increasing

the water surface elevation more than a designated height,

as determined by FEMA or a licensed professional

acceptable to the Conservation Commission.

Functionally Dependent Use: A use which cannot perform its

intended purpose unless it is located or carried out in close

proximity to water. The term includes only docking facilities,

port facilities that are necessary for the loading and

unloading of cargo or passengers, and ship building and ship

repair facilities, but does not include long-term storage or

related manufacturing facilities.

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Highest Adjacent Grade: The highest natural elevation of the

ground surface prior to construction next to the proposed

walls of a structure.

New Construction: Structures for which the start of construction

commenced on or after October 8, 1975, the date of the first

Floodplain Overlay District adopted by the Town, including

any subsequent improvements to such structures. New

construction includes work determined to be substantial

improvement.

Recreational Vehicle: A vehicle which is:

A. Built on a single chassis;

B. 400 square feet or less when measured at the largest

horizontal projection;

C. Designed to be self-propelled or permanently towable by

a light duty truck; and

D. Designed primarily not for use as a permanent dwelling

but as temporary living quarters for recreational, camping,

travel, or seasonal use

Regulatory Floodway: See Floodway.

Special Flood Hazard Area: The land area subject to flood

hazards and shown on a Flood Insurance Rate Map or other

flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH,

V, VO, VE or V1-30, including all special flood hazard areas

within Arlington designated as Zone A, AE, AH, AO, A99, V,

or VE on the Middlesex County Flood Insurance Rate Map

(FIRM) dated July 8, 2025, issued by the Federal

Emergency Management Agency (FEMA) for the

administration of the National Flood Insurance Program. The

exact boundaries of the Areas shall be defined by the 1%-

chance base flood elevations shown on the FIRM and further

defined by the Middlesex County Flood Insurance Study

(FIS) report dated July 8, 2025. The FIRM and FIS report are

incorporated herein by reference and are on file with the

Conservation Commission.

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Start of Construction: The date of issuance for new construction

and substantial improvements to existing structures,

provided the actual start of construction, repair,

reconstruction, rehabilitation, addition, placement or other

improvement is within 180 days after the date of issuance.

The actual start of construction means the first placement of

permanent construction of a building (including a

manufactured home) on a site, such as the pouring of a slab

or footings, installation of pilings or construction of columns.

Permanent construction does not include land preparation

(such as clearing, excavation, grading or filling), the

installation of streets or walkways, excavation for a

basement, footings, piers or foundations, the erection of

temporary forms or the installation of accessory buildings

such as garages or sheds not occupied as dwelling units or

not part of the main building. For a substantial improvement,

the actual “start of construction” means the first alteration of

any wall, ceiling, floor or other structural part of a building,

whether or not that alteration affects the external dimensions

of the building.

Substantial Repair of a Foundation: When work to repair or

replace a foundation results in the repair or replacement of a

portion of the foundation with a perimeter along the base of

the foundation that equals or exceeds 50% of the perimeter

of the base of the foundation measured in linear feet, or

repair or replacement of 50% of the piles, columns or piers

of a pile, column or pier supported foundation, the building

official shall determine it to be substantial repair of a

foundation. Applications determined by the building official to

constitute substantial repair of a foundation shall require all

existing portions of the entire building or structure to meet

the requirements of 780 CMR.

Violation: The failure of a structure or other development to be

fully compliant with the community’s floodplain management

regulations. A structure or other development without the

elevation certificate, other certifications, or other evidence of

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compliance required in Title 44 §60.3 of the Code of Federal

Regulations is presumed to be in violation until such time as

that documentation is provided.

Amend SECTION 5.7, Floodplain District, as follows:

5.7 FLOODPLAIN DISTRICT

5.7.1Purpose

The purpose of Section 5.7 is to:

A. Protect the health and safety of the occupants of lands

subject to seasonal or periodic flooding in the Mill Brook,

Alewife Brook, Mystic River, and Mystic Lakes floodplain

Special Flood Hazard Areas, as shown on the zoning overlay

map of the Town of Arlington, by reducing the threats to life

and personal injury.

B. Prevent the reduction of the water-carrying capacity of

streams, brooks, rivers, and drainage courses by prohibiting

the destruction or alteration of their natural character, and by

preventing encroachment by future development, both public

and private, in the Ffloodway. A floodway includes the normal

channel of a river or stream and those portions of the

floodplain adjoining the normal channel which are reasonably

required to carry off the flood flow.

C. Preserve the natural flood control characteristics and the

water storage capacity of the floodplain.

D. Protect the public from hazard and loss through the regulation

of future development of lands adjoining such watercourses.

E. Protect the safety and purity of water; control and containment

of sewage; safety of gas, electric, fuel, telecommunications,

and other utilities from breaking, leaking, short-circuiting,

grounding, igniting, electrocuting or any other dangers due to

flooding.

E. Prevent the occurrence of public emergencies resulting from

water quality, contamination, and pollution due to flooding.

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F. Avoid the loss of utility services which if damaged by flooding

would disrupt or shut down the utility network and impact

regions of the community beyond the site of flooding.

G. Eliminate new hazards to emergency response officials.

H. Eliminate costs associated with the response and cleanup of

flooding conditions.

I. Reduce damage to public and private property resulting from

flooding waters.

5.7.2 Definitions

The following definitions apply to Section 5.7, Floodplain District.

Structure: A walled and roofed building, including a gas or liquid

storage tank, that is principally above ground, as well as a

manufactured home.

Variance: A grant of relief by a community from the terms of a

floodplain management regulation.

5.7.23 Boundaries

The Floodplain District is herein established as an overlay district.

The Floodplain District boundaries are contiguous with the

borders of land area subject to flood hazards as shown on a

Flood Insurance Rate Map, including The District includes all

sSpecial fFlood hHazard aAreas within the Town of Arlington

designated a Zone A, AE and X on the Middlesex County Flood

Insurance Rate Map (FIRM) dated July 8, 2025, issued by the

Federal Emergency Management Agency (FEMA) for the

administration of the National Flood Insurance Program (NDIP).

The map panels of the Middlesex County FIRM that are wholly or

partially within the Town of Arlington include the following panel

numbers: 25017C0412E, 25017C0416E, 25017C0419E, dated

June 4, 2010 (Scale 1”=500’). The exact boundaries of the District

Areas may shall be defined by the 1%-chance annual (100 year

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flood) base flood elevations shown on the FIRM and further

defined by the Middlesex County Floor Insurance Study (FIS)

report dated June 4, 2010 July 8, 2025. Said boundary, so

determined, shall be presumed accurate. This presumption may

be overcome by credible evidence from a registered professional

engineer or other professional competent in such matters. The

FIRM and FIS report are incorporated herein by reference and are

on file with the Department of Planning and Community

Development and Conservation Commission.

5.7.4 Floodplain Administrator

The Town of Arlington hereby designates the position of

Conservation Agent as the official Floodplain Administrator for the

Town, or such other person as designated by the Director of

Planning and Community Development when the position of

Conservation Agent is vacant.

5.7.35 Applicability

A. Any proposed use, structure, development, filling, grading,

or excavation within the Floodplain District shall be

governed by all regulations requirements of this Section

5.7, G.L. c. 131, § 40, Town of Arlington Bylaw for

Wetlands Protection (Title V, Article 8) and the Town’s

Wetland Protection Regulations (Regulations)

promulgated thereunder, Department of Environmental

Protection (DEP) 310 CMR 10.00, Inland Wetlands

Restriction (DEP) 310 CMR 13.00, and the section of the

State Building Code that addresses floodplain areas, and

shall require a building permit.

B. The phrase, “Board of Appeals or Arlington

Redevelopment Board, as applicable”, shall mean “subject

to a special permit from the Board of Appeals or approval

from the Arlington Redevelopment Board in the case of

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activity subject to Section 3.4, Environmental Design

Review”.

B. The Town of Arlington requires a permit for the subject

activities in the Floodplain District, including new

construction or changes to existing buildings, placement

of manufactured homes, placement of agricultural

facilities, fences, sheds, storage facilities or drilling,

mining, paving and any other development that might

increase flooding or adversely impact flood risks to other

properties.

C. The Town’s permit review process includes the

requirement that the proponent obtain all local, state and

federal permits that will be necessary in order to carry out

the proposed development in the Floodplain District. The

proponent must acquire all necessary permits, and must

demonstrate that all necessary permits have been

acquired.

D. In Zones A, A1-30, and AE, along watercourses that have

not had a regulatory Floodway designated, the best

available Federal, State, local, or other Floodway data

shall be used to prohibit encroachments in Floodways

which would result in any increase in flood levels within

the community during the occurrence of the base flood

discharge.

E. In Zones A1-30 and AE, along watercourses that have a

regulatory Floodway designated on the Town’s FIRM,

encroachments are prohibited – including fill, new

construction, substantial improvements, and other

development within the adopted regulatory Floodway –

unless it has been demonstrated through hydrologic and

hydraulic analyses performed in accordance with standard

engineering practice that the proposed encroachment

would not result in any increase in flood levels within the

community during the occurrence of the base flood

discharge.

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F. In A Zones, in the absence of FEMA base flood elevation

data and Floodway data, the building department will

obtain, review and reasonably utilize base flood elevation

and Floodway data available from a Federal, State, or

other source as criteria for requiring new construction,

substantial improvements, or other development in Zone

A and as the basis for elevating residential structures to or

above base flood level, for floodproofing or elevating

nonresidential structures to or above base flood level, and

for prohibiting encroachments in Floodways.

G. All subdivision proposals and development proposals in

the Floodplain District shall be reviewed to assure that:

(1) Such proposals minimize flood damage.

(2) Public utilities and facilities are located and

constructed so as to minimize flood damage.

(3) Adequate drainage is provided.

H. When proposing subdivisions or other developments

greater than 50 lots or 5 acres (whichever is less), the

proponent must provide technical data to determine base

flood elevations for each developable parcel shown on the

design plans.

I. In A and AE Zones, all recreational vehicles to be placed

on a site must be elevated and anchored in accordance

with the zone’s regulations for foundation and elevation

requirements or be on the site for less than 180

consecutive days or be fully licensed and highway ready.

J. In a riverine situation, the Conservation Agent shall notify

the following of any alteration or relocation of a

watercourse:

(1) Adjacent Communities, especially upstream and

downstream

(2) NFIP State Coordinator, Massachusetts Department

of Conservation and Recreation

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(3) NFIP Program Specialist, Federal Emergency

Management Agency, Region I

5.7.46 Setback from Open Stream

…

5.7.57 Use Regulations

…

5.7.68 Procedures

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5.7.79 Areas, Open Space, and Yard Regulations

…

5.7.810 Exemptions, Map Changes, and Variances

A. Where a proposed use is determined to fall within the limits

of the Floodplain District and the applicant determines that the

location is not included in the definition of the Floodplain District,

said use may be exempt by the Board of Appeals or Arlington

Redevelopment Board, as applicable, from the provisions of this

section if the applicant provides sufficient evidence for the

applicable Board to determine that the land in question should not

be subject to the provisions of this Section.

B. If it is determined that an area of significant size should no

longer be included within the Floodplain District due to a natural

or man-made event which has altered the boundary, the floodline

determining the boundaries of the Floodplain District may be

changed with approval from Town Meeting provided the new

floodline to be adopted has been established in accordance with

accepted engineering practice and certified by a registered

professional engineer.

A. If the Town acquires data that changes the base flood

elevation in the FEMA mapped Floodplain District, the

Town will, within 6 months, notify FEMA of these changes

by submitting the technical or scientific data that supports

the change(s.). Notification shall be submitted to:

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(1) NFIP State Coordinator, Massachusetts Department

of Conservation and Recreation

(2) NFIP Program Specialist, Federal Emergency

Management Agency, Region I

B. If the State issues a variance to the flood-resistant

standards as found in the state building code, the Town

will request from the State Building Code Appeals Board a

written and/or audible copy of the portion of the hearing

related to the variance and will maintain this record in the

community’s files. The Town shall also issue a letter to the

property owner regarding potential impacts to the annual

premiums for the flood insurance policy covering that

property, in writing over the signature of a community

official that (i) the issuance of a variance to construct a

structure below the base flood level will result in increased

premium rates for flood insurance up to amounts as high

as $25 for $100 of insurance coverage and (ii) such

construction below the base flood level increases risks to

life and property. Such notification shall be maintained

with the record of all variance actions for the referenced

development in the Floodplain District.

C. A variance from Section 5.7 of this Bylaw must meet the

requirements set out by State law, and may only be

granted if: 1) Good and sufficient cause and exceptional

non-financial hardship exist; 2) the variance will not result

in additional threats to public safety, extraordinary public

expense, or fraud or victimization of the public; and 3) the

variance is the minimum action necessary to afford relief.

5.7.11 Supremacy

The floodplain management requirements found in Section 5.7 of

this Bylaw shall take precedence over any less restrictive

conflicting local laws, regulations, or codes.

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5.7.12 Disclaimer

The degree of flood protection required by Section 5.7 of this

Bylaw is considered reasonable but does not imply total flood

protection.

5.7.13 Compliance with Court Decisions

If any Court of the Commonwealth shall invalidate any provisions

of Section 5.7 of this Bylaw, the Zoning Board of Appeals or

Conservation Commission may promulgate additional rules and

regulations or present to the next Town Meeting after such

invalidations, amendments to the Bylaw or regulations which are

designed to comply with any Court decision invalidating such

provisions or regulations, as the case may be.

Redevelopment Board Report