On Monday, the Federal Emergency Management Agency (FEMA) published a proposed rule that, if finalized, would amend federal floodplain management.  The proposal comes as a result of President Obama’s Executive Order 13690, published in January of 2015. 

The Executive Order provided new guidance to federal agencies on managing their actions within floodplains.  The proposed rule released this week attempts to redefine how FEMA identifies the floodplain, and how the agency would manage its projects within the floodplain.  The proposed rule would also mandate the agency consider how projects just outside the floodplain may affect the floodplain.  According to the proposal, FEMA would define the future floodplain for all projects funded by the agency as the 100 year flood event plus two additional feet.  FEMA manages several programs that impact local governments, like the Public Assistance program and the Hazard Mitigation program that help fund recovery efforts after a natural disaster.  Projects funded by these programs that exist within the newly defined floodplain will need to be built to higher resiliency standards, increasing the cost of public infrastructure projects.  FEMA is accepting public comments until October 21, 2016.

Additional information on the program and directions for submitting comments can be accessed here.