The Federal Emergency Management Agency has reportedly decided to cease enforcing rules designed to prevent flood damage to schools, libraries, fire stations, and other public buildings.
The policy has not been publicly announced, according to a report in the New York Times. FEMA’s stance could endanger public safety and may be in violation of federal law, according to experts cited in the report. The Federal Flood Risk Management Standard says that when public buildings in a flood zone are damaged or destroyed, they must be rebuilt to prevent future flood damage in order to qualify for FEMA funding.
Under the rule, rebuilt structures could be required to be elevated above the expected height of a future flood or be relocated to a safer location. FEMA said that the flood rule is under review after President Donald Trump issued an executive order revoking an executive order calling for a federal flood standard issued by President Joe Biden.
A law professor quoted in the Times’ article said if the new administration wants to change existing FEMA policy, it must issue a public notice seeking and reviewing public comments, and then publish a new final rule. That process is clearly laid out by federal law and repealing existing regulations can take months or longer, the professor said.
The executive director of the Association of State Floodplain Managers said failing to enforce the rule would make people less safe and lead to waste of taxpayer dollars, the Times’ report said.
