Floodplain Management

Information by State  Print version

Relationship to Flood Insurance Purchase Requirements

Question:
When HUD recipients comply with the floodplain management requirements, is that sufficient, or must recipients also comply with HUD's flood insurance purchase requirements?

Answer:
Compliance with the floodplain management requirements discussed below does not constitute compliance with mandatory flood insurance purchase discussed elsewhere under the heading of Flood Insurance Purchase.

Protecting floodplains and wetlands: Executive Orders 11988 and 11990

Question:
Must the environmental review evaluate the impacts to a floodplain or wetland that may be caused by a proposed HUD-assisted project?

Answer:
Projects located within a flood hazard area or designated wetland are subject to Executive Order 11988 (Floodplain Management) and Executive Order 11990 (Protection of Wetlands) respectively. HUD's implementing regulations at 24 CFR Part 55 -- "Floodplain Management" prescribe measures for protecting floodplains, and when amended, for protecting wetlands. Under the provisions of these Executive Orders, HUD must avoid financial support for covered activities, unless it can demonstrate that there are no practicable alternatives outside the floodplain or wetland. Where flood-free and wetland-free sites are available within the community or housing market area, these are considered practicable. For HUD policy, see 24 CFR 58.5(b) and 24 CFR 50.4(b)(2) and (3). The requisite decision-making process is set forth at 24 CFR 55.20.

Question:
What is the purpose and basic responsibility of these Executive Orders?

Answer:
The purpose of Executive Order 11988 - Floodplain Management is "to avoid to the extent possible the long and short term adverse impacts associated with the occupancy and modification of floodplains and to avoid direct or indirect support of floodplain development wherever there is a practicable alternative."

The purpose of Executive Order 11990 - Protection of Wetlands is "to avoid to the extent possible the long and short term adverse impacts associated with wetlands and to avoid direct or indirect support of new construction in wetlands wherever there is a practicable alternative."

Exceptions

Question:
Are there any exceptions?

Answer:
The only exceptions authorized by both Executive Orders (Section 8 of E.O. 11988 and Section 9 of E.O. 11900) is for assistance provided for emergency work, essential to save lives and protect property and public health and safety, performed pursuant to Sections 305 and 306 of the Disaster Relief Act of 1974 (88 Stat. 148, 42 U.S.C. 5145 and 5146). HUD's 24 CFR part 55 does not apply to categories of proposed actions listed at 24 CFR 55.12(b) and (c).

Floodplains and Designated Wetlands

Question:
Where are floodplains and designated wetlands located?

Answer:
Information on where floodplains are located is available on Flood Insurance Rate Maps (FIRM) published by the Federal Emergency Management Agency (FEMA). The floodplain designated by FEMA as the Special Flood Hazard Area (SFHA) is represented on the flood map by darkly shaded areas designated with the letter "A" or "V." FEMA uses engineering studies to determine the delineation of these areas or zones subject to flooding. The flood maps are available for public review at the local planning agency or building permit agency. Local appraisers and companies that make flood hazard determinations for banks and other lenders in connection with property loans also have access to these maps and data bases.

Information on where designated wetlands are located is available on the wetlands maps issued by the Department of the Interior (DOI) for the National Inventory of Wetlands. The wetlands maps are available for public review at the local planning agency or State natural resources agency.

For environmental review purposes, these location findings should cite the map panel number of the official maps issued by DOI and FEMA on the basis of which the findings were made.

Single-Family Homes

Question:
Do these procedures apply to assistance for existing single-family homes?

Answer:
Generally, 24 CFR part 55 does not apply to existing single-family properties proposed for acquisition or lease and located within the floodplain, provided

1. the existing property is not located within a floodway or coastal high hazard area;
2. the existing property does not involve substantial improvement, which for flood hazard purposes is defined in 24 CFR 55.2(b)(8);
3. in accordance with 24 CFR 55.12(b)(1), the community in which the property is located is in the Regular Program of the National Flood Insurance Program (NFIP) and in good standing (i.e., not suspended from program eligibility or placed on probation under 44 CFR 59.24); and
4. that the existing property does not involve a critical action.

Critical Actions

Question:
What HUD assisted projects are to be considered a "critical action" in the floodplain?

Answer:
A critical action means any activity for which even a slight change of flooding would be too great, because such flooding might result in loss of life, injury to persons, or damage to property. Approval of HUD assistance for proposed critical actions located in floodways and coastal high hazard areas is prohibited (24 CFR 55.2(a)(2)). The critical action standard applies to the proposed use of HUD assistance to structures or facilities located within the 500-year floodplain, when the structures or facilities are likely to contain occupants who may not be sufficiently mobile to avoid loss of life or injury during flood or storm events. The 500-year floodplain is represented on the flood map issued by FEMA with the letter "X" or formerly "B."

Question:
What is the regulatory citation that requires 500-year flood protection for critical actions including hospital projects?

Answer:
"The Floodplain Management Guidelines for Implementing E.O. 11988" (43 FR 6030) at Step 1 (1.C) provides guidance on critical actions. Also review FEMA regulations at 44 CFR 60.22 (Planning Considerations). The provisions advise communities which are adopting and implementing the floodplain management criteria of the National Flood Insurance Program.