Notes by: Jeff Patterson

 The following are some statements made by Matt Heimel and the responses from the public.

 MH – The floodplain is determined by using base flood elevation (BFE) pursuant to the law. The BFE is calculated using Lidar elevations. Lidar is incredibly accurate.

  Public response – Lidar is not incredibly accurate and without errors. Two property owners contested the accuracy of Lidar with facts. Jeff Patterson reminded Matt Heimel that he proved on site that the Lidar elevations on the map Mr. Heimel uses are grossly inaccurate.

The law Mr. Heimel refers to is not the Montana Code Annotated (the law), but instead the administrative rule that allows him to use BFE versus FEMA’s Flood Insurance Rate Maps (FIRM) to determine if a property is in the floodplain.

MH – The process of determining floodplains and the data used is not perfect.

  Public response – Why is the County willing to violate the people’s rights to enjoy their property free of erroneous floodplain determination and regulations when Mr. Heimel admits that the process is not perfect. The County is willing to jeopardize the people’s Constitutional rights and damage our lifelong investments and security in our homes based on data that is erroneous.

MH – (This comment was supported and reiterated by Commissioner Josh Slotnick) The County participates with FEMA because it allows the property owners to afford cheaper flood insurance.

  Public response – This is not true at all. The public responded vigorously to the fact that Montana is one of several states suing FEMA for insurance fraud and that the Montana Attorney General reported to KPAX that Montanans could see as much as a 700% increase in flood insurance premiums. Mr. Heimel said he has heard this, but was unsure if it would actually be 700%.

MH – The properties being added to the floodplain have a 1% chance of being flooded.

  Public Response - Mr. Heimel’s proposed floodplain expansion adds over 1,850 new properties in Missoula County to the floodplain. Mr. Heimel denied that number, but the public objected to Mr. Heimel’s denial stating that number came directly from DNRC. Mr. Heimel gave a confusing explanation on why he disagreed with DNRC’s numbers.

The public argued with Mr. Heimel that the process of determining BFE was grossly flawed. The flawed calculation resulted in wrongfully adding properties to the floodplain. Jeff Patterson presented facts regarding the BFE at his property in Turah that dispute the accuracy of Mr. Heimel’s BFE. Mr. Heimel responded to Jeff Patterson that he would have a discussion with him in private regarding the BFE at his property. Jeff Patterson objected by stating that he wanted to have that discussion before the public. Mr. Heimel did not offer any further comments on the BFE at Jeff Patterson’s property.

MH – (Supported and reiterated by Commissioner Josh Slotnick and Karen Hughes) The new floodplain expansion is only a draft in process. There will be an opportunity for the community to comment and then an opportunity for property owners to appeal.

  Public response – This comment resulted in public frustration and objection. The public reminded the County that they had to spend thousands of dollars to have their properties surveyed due to the County using inaccurate data to put them in the floodplain. The public asked, who is going to pay for all the costs of surveys and appeals?

Further public response was that while the County is claiming this is just a draft in process and is months, maybe more than a year, from adoption, Mr. Heimel is out enforcing regulations on properties as if properties have already been added to the floodplain based on administrative rule and his inaccurate BFE calculations.

MH – (Supported and reiterated by Commissioner Josh Slotnick) FEMA will make the final determination on floodplain expansion.

  Public response – The public responded with a question. So, are you telling us that the same people who will ultimately put us in the floodplain are the same people who sell us federally mandated flood insurance? The answer was yes.