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FEMA Proposes New Federal Flood Standard for Infrastructure

In response to an executive order President Obama issued last year as part of his climate change agenda, FEMA has issued a new proposal for defining the “floodplain” for federally funded projects.
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In response to an executive order President Obama issued last year as part of his climate change agenda, FEMA has issued a new proposal for defining the “floodplain” for federally funded projects.

The order “requires a new flood-protection standard for infrastructure projects that use federal funds.” Privately funded projects are exempt from the rule.

Under the new proposal, FEMA will use a base flood elevation established upon the 500-year flood standard. The current 100-year flood standard has been in effect since the flood program’s inception in the late 1960s. According to FEMA, it chose this standard because it will “result in a larger floodplain and a requirement to design projects so that they are resilient to a higher vertical elevation.” 

Roy Wright, FEMA deputy associate administrator for insurance and mitigation, says the changes the proposal mandates will “ensure that when federal investments are made, we will rebuild higher and stronger.”

The proposed regulation would provide three options for construction projects using federal funds in flood-prone areas.

The Big “I” generally supports mitigation reforms at both the individual and community levels, as long as the new standards complement statewide codes and do not adversely impact surrounding communities. Congress continues to discuss mitigation efforts as part of a broader discussion about NFIP reforms as it works toward program reauthorization ahead of its September 2017 expiration.

Some groups, including the National Association of Home Builders, are concerned that FEMA’s new floodplain rules might be unclear or could conflict with other agencies’ rules. However, the Reinsurance Association of America praised the proposal for seeking to “enhance the resiliency of federally-funded structures,” and lowering reliance on taxpayer ad-hoc disaster payments.

A comment period on FEMA’s proposed regulation is open until Oct. 21. Other agencies are also expected to issue regulations related to the executive order before the end of the year.

Jen McPhillips is Big “I” assistant vice president of federal government affairs.