Category: Federal Regulations

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USACE 408 Guidance Is Officially Final (EC 1165-2-220)

We previously reported on and provided what appeared to be final drafts of the new 408 guidance.  On Friday we received the formal version, and are providing access to it here:  EC_1165-2-220. Keep coming back for more helpful information on legal updates & commentary on flood risk and floodplain management.… Continue Reading

USACE 408 Guidance May Be Final (EC 1165-2-220)

We have reported many times in the past on U.S. Army Corps of Engineers’ 408 policy: Here, here, here, here, here, and here. Well, we recently obtained a copy of what appears to be the final guidance, albeit with no date on it.  Also, we can’t find it on any government websites yet.  So, we think this is … Continue Reading

National Waterways Conference Requests More Time on Draft 408 Policy

The National Waterways Conference has submitted a letter in response to the notice published in the Federal Register on February 5, 2018, seeking comment on the draft Engineering Circular (EC) on 408 permissions. According to the notice, comments must be submitted by March 7, 2018. 83 Fed. Reg. 5075.  The National Waterways Conference requests that … Continue Reading

Technical Problems with First USACE 408 Webinar; Tune in Tomorrow for Second

Unfortunately, USACE has audio technical problems with its first webinar on the draft 408 policy.  For those that are interested in downloading the Powerpoint, you can find it here. Also, here is the draft guidance.  Remember, comments should be due on March 7 (30 days after Feb 5 if our math is correct). Finally, here … Continue Reading

Draft 408 Guidance imminent; USACE Webinars Scheduled

Happy New Year!!!!!!  Yes, it is actually February, but it is a new year for this blog as we turn our attention to a world full of flood risk reduction actions in the second year of the Trump Administration. We are hearing that on February 6 the Corps will be releasing draft guidance for 33 … Continue Reading

Trump Executive Order Issued on Federal Flood Risk Management Standard and Regulatory Reform

August 15, 2017 was a busy day for the Trump Administration. While interacting with the press and other politicians regarding the protests and counter-protests in Charlottesville, Virginia, the White House was also issuing an Executive Order with potentially far-reaching effects on flood management.… Continue Reading

New Guidance from USACE Could Streamline Processes

A June 21, 2017 Memorandum issued by James Dalton, the U.S. Army Corps of Engineers Director of Civil Works, is designed to streamline a number of USACE processes, including: Embracing risk-based decision-making.  While USACE has always been good at evaluating the risk of flooding from the present condition, or the future condition, it has not been … Continue Reading

Part II – Our Thoughts on FEMA’s New Draft Regulations

This is a follow-up to our blog post last week, “FEMA Issues Draft Regulatory Amendments To Implement President Obama’s Executive Order 13690 And The Federal Flood Risk Management Standard; Comments Due By October 21, 2016.” FEMA’s Approach to Amending Its Regulations Many of the proposed amendments to the regulations focus on the details for the … Continue Reading

FEMA Issues Draft Regulatory Amendments to Implement President Obama’s Executive Order 13690 and the Federal Flood Risk Management Standard; Comments Due by October 21, 2016

Introduction Executive Order 11988 (EO 11988) requires Federal agencies to avoid, to the extent possible, the long- and short-term adverse impacts associated with the occupancy and modification of floodplains where there is a practicable alternative. The Federal Emergency Management Agency (FEMA) is now proposing to amend its regulations (found in 44 CFR Part 9) which … Continue Reading

USACE Issues Draft Guidance on Federal Credit; Comments Due By September 28, 2015

A little more than a year after the passage of the Water Resources Reform and Develop Act (WRRDA), the U.S. Army Corps of Engineers (USACE) has issued the draft guidance required by section 1018. And, from a local perspective, the draft guidance is quite good and appears to reflect a softening on some crediting issues that … Continue Reading

Corps Issues New 408 Guidance for Modifications of Authorized Projects

The U.S. Army Corps of Engineers (USACE) issued a new engineering circular (EC 1165-2-216) to provide policy and guidance for processing requests to alter USACE civil works projects pursuant to 33 U.S.C. section 408. This new circular collects existing guidance from several informal documents, codifies USACE practice from some USACE Districts that process many 408 … Continue Reading
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