Last week, the federal interagency Water Resources Council adopted final implementation guidelines for an Executive Order and floodplain management standard issued earlier this year. The final guidelines clarify that the order will apply primarily to federally funded projects for new construction or substantial improvements. However, the guidelines advise federal agencies that they can utilize new methodologies for identifying floodplains larger than the 100-year floodplain mapped by the Federal Emergency Management Agency (FEMA).
For any federal activity considered a “critical action,” federal agencies are directed to consider using the 200-year floodplain as a minimum standard. RCRC expressed concerns during the public comment period because the initial guidelines proposed that all federal actions--including any grant, loan, loan guarantee, permit, or license--would trigger an independent identification of the floodplain by each federal agency and new requirements to avoid impacts on the floodplain.