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 implementation methodologies as well as the inter-relationship between them. For example, what should one do when there are contradictory scientific approaches? What should one do when the best available science indicates a flood elevation that is lower than would be used under the freeboard value approach? Is it practical to use the .2 percentage approach when only 18% of FEMA’s maps contain data on the .2% event? Based on these and other questions, on page 35 of the proposed amendment package FEMA proposes to make the freeboard value approach the standard approach for all events that are not critical actions, and to make the freeboard value approach the chosen approach for critical actions unless the agency finds that the climate-informed science approach results in a higher elevation.