NRDC Pushes FEMA for Climate Smart Flood Maps and Standards

NRDC has submitted comments to FEMA (the Federal Emergency Management Agency) urging the agency to implement critical climate-smart reforms in the National Flood Insurance Program. NRDC and the Association of State Floodplain Managers petitioned FEMA to update its standards in light of the threats posed by climate change. FEMA’s call for public comment was a direct response to the petition. With climate-induced flooding happening at a terrifying pace, FEMA must initiate reforms of the NFIP as soon as possible.

In our comments, NRDC requested FEMA to:

(1) Use the best available science to protect against buildings in flood-prone areas: FEMA is required by law to include the best available science on sea levels, precipitation and hurricane intensity in any revision or update of NFIP flood maps. FEMA must also include multiple flood height projections as advisory layers on flood insurance rate maps so that they can be used for planning purposes.

(2) Require houses to be safer from flooding: Require non-critical structures to be designed with a higher margin of safety against flooding. In A zones, FEMA should adopt a higher freeboard standard, with a minimum of 2 feet of freeboard above the baseline flood height (BFE) for new construction and for substantial damage or improvements to existing structures. In V zones, FEMA should require a higher freeboard standard of 4 feet above non-sea level rise adjusted BFE for new construction and for substantial damage or improvements to existing structures

(3) Protect critical infrastructure from flooding: Set a new standard for critical facilities and infrastructure. FEMA must:

• Where possible, ban new critical facilities/infrastructure from the 0.2 percent annual flood probability.
• If a site outside the floodplain of 0.2 percent per year is not feasible, it should be redeveloped, significantly upgraded or new critical facilities/infrastructure increased to the 0.2 percent probability of flooding, plus freeboard to account for future circumstances or the historical inundation of record, whichever is greater.

(4)Extend mitigation and buyout access support for repeatedly flooded properties: Increase the ICC payout from $30,000 to a minimum of $60,000. Add a new optional ICC coverage option that goes up to at least $100,000. In addition, expand eligible operations with buyouts of significantly damaged properties and other residential mitigation activities.

(5)Give potential homebuyers and renters the right to know their flood risk: As a condition of participation in the NFIP, states and communities must be required to enact disclosure laws that require home buyers and renters to be informed about property’s history of flood damage and other information about flood risks, before committing to purchase or to rent. Such a requirement should ensure that persons selling or renting real estate disclose the following information:

• Whether the property has ever been damaged by a flood and the extent of the damage;
• whether the property is located in a floodplain area and, if so, the floodplain classification (100 years or 500 years) of the property and the source and date of this information; and
• Whether the seller and/or previous owners have ever received federal disaster assistance, which requires all prospective owners to obtain and maintain flood insurance on the property.

Fannie Mae also urged FEMA to demand better flood risk disclosure laws in comments the government-sponsored mortgage company filed last week.

In addition to these disclosure requirements, FEMA must provide current homeowners with similar information. Currently, FEMA only provides such information after a person has taken out flood insurance through the NIV. FEMA must also create a public, open-data system to share information related to a community or flood risks in a region, such as current and historical policy information, the total number of multiple-loss properties in a community, and whether a community is adhering to the rules. respected the different standards they must maintain.

(6) Prioritize Equitable Results: FEMA must be vigilant to ensure that floodplain management standards do not directly or inadvertently amplify or exacerbate existing challenges with safe and affordable housing, displacement and gentrification. Furthermore, our history of mortgage reform and other forms of structural racism has left communities of color at greater risk of being exposed to flood risks and/or with less public investment in flood protection measures. FEMA should deliver robust flood mitigation resources and technical assistance to underprivileged and marginalized homeowners and communities in accordance with Justice’s commitments40 and through direct engagement with those communities.

There is broad support for reforming the outdated flood insurance program.

The Anthropocene Alliance (A2), a coalition of grassroots groups in 21 states and Puerto Rico, representing thousands of people who repeatedly deal with floods, storms and other effects of climate change, filed comments of 454 flood survivors. The comments call on FEMA to protect individuals and communities from current and future damage from stronger storms, rising sea levels, subsidence, poor development and flooding. In addition, dozens of individual A2 members submitted comments and attended up to three public hearings to express the need for reform.

Floods are a significant and costly threat to life and property, and one of the most common natural hazards in the United States. Ongoing and future climate changes increase the likelihood that flooding will lead to displacement, injury and illness, loss of life, damage to homes and the failure of critical infrastructure and the essential community services provided by such infrastructure. Meanwhile, our nations’ history of redlining, segregation and other forms of structural racism and discrimination has left communities of color and other marginalized communities at greater risk of being exposed to flood risks. FEMA must act now to reform the NFIP.