Floodplain Management: Sound Techniques to Improve Your Recovery



...to the base-flood elevation. Since the locally adopted floodplain management ordinances meet the requirements of 44 CFR 206.226(d), the cost to comply with the ordinance is eligible under the Public Assistance Program.”

In short, floodplain management requirements are to be treated as any other applicable code or standard. To support an applicant’s position to FEMA, it is recommended that the architects and engineers (or contractors) fully understand floodplain management and its effect on building repairs or replacements. Active participation from the codes enforcement office and floodplain administrator is also recommended. This will alleviate many misunderstandings and misinterpretations with FEMAPA staff. For smaller communities that may not have codes officials, it is suggested that the applicant coordinate floodplain management efforts directly with state floodplain managers.

Failure to Comply

It is important to realize that once there is a commitment to floodplain management, and there is participation as an NFIP community, an applicant’s flexibility with regard to implementing proper protocols and procedures in a SFHA is minimal. There are, of course, limited exceptions and exemptions that can be given; but as a whole the program is very precise, and failure to comply can lead to probation and subsequent suspension.

When attempts to resolve enforcement problems through community assistance or consultation have failed, the FEMA Regional Director may place a community on probation. The probationary period lasts at least until all program deficiencies have been corrected and violations have been remedied to the maximum extent possible, and it may be extended for up to one year after that. Probation has no effect on the continued availability of flood insurance; however, an additional charge of $50 will be added to the premium for each policy for a period of at least one (1) year.

When the community is given the 90-day written notice of probation, there is concurrent notification to the affected congressional delegation, a 90-day notice to each flood insurance policyholder in the community that they will be surcharged $50 because of actions by their community, and...