A Great L-EAP Forward: Successes and Challenges in Implementing FEMA’s Expanded Appeals Process Todd Steiner FEMA Maggie Mathis, CFM RAMPP

2 FEMA’s regulations call for public notification and a statutory appeal period when new or modified flood elevations are issued FEMA initiates due process through:  A Federal Register publication  Notifying the community CEO through a proposed flood hazard determination (90-day start) letter or Letter of Map Revision (LOMR) document  Publication of a newspaper notice twice following notification of the community CEO  Publication of a notice on FEMA Flood Hazard Mapping public website Background

3 Flood Hazard Determinations notice Appeal policy previously applied to Base Flood Elevation (BFE)/flood depth determinations only Excerpt from a old format notice

4 The Expanded Appeals Process (EAP)  Effective December 1, 2011  Same due process procedures previously only applied to BFE determinations now apply to:  The addition or modification of any Special Flood Hazard Area (SFHA) boundary or zone designation  Zones A, AO, AH, A1-A30, AE, A99, AR, AR/A1-A30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-V30, VE, and V  The addition or modification of any regulatory floodway  Applies to both studies and LOMRs

5 Why the Change?  FEMA’s Office of Chief Counsel recommended a broader interpretation of what can be appealed  More consistent approach - changes in SFHA, zone, and regulatory floodway boundaries can have the same impact as a BFE/flood depth change

6 Ancillary Benefits  Simplified Federal Register publications and online notices  No longer include flood source names or detailed BFE/flood depth listings  Less time consuming and costly to prepare  Less costly publication  Fewer delays due to corrections  All preliminary FIRMs and FIS reports and LOMR determination documents/attachments are now available online

7 EAP Notices

8 When Does the EAP Apply?  All studies for which preliminary FIRMs are issued on or after December 1, 2011  All studies for which a proposed flood hazard determination notice (formerly a proposed rule) is published in the Federal Register on or after December 1, 2011  LOMRs issued on or after December 1, 2011

9 When Does the EAP Apply? (cont.)  The EAP w ill apply to revised preliminary FIRMs that are the result of flood hazard changes unrelated to an appeal resolution  The appeal period will apply to all revised preliminary AND preliminary FIRM panels  Previously published FR proposed rule must be withdrawn (if applicable) and a new EAP notice published

10 When Does the EAP Apply? (cont.)  Any exceptions to the criteria must be presented to FEMA HQ for consideration  Consistency in our replies to requests from ineligible communities that they be afforded the EAP is needed – guidance and pat replies will be shared widely

11 Resources Resources:  FEMA Procedure Memorandum No. 57: Expanded Appeals Process  Criteria for Appeals of Flood Insurance Rate Maps  EAP Public Fact Sheets  Updated web content on FEMA.gov

12 Appeal Criteria  All appeals must be supported by scientific and technical data  ‘Criteria for Appeals of Flood Insurance Rate Maps’ developed to support PM 57  Establishes areas eligible for appeal  Identifies documentation needed to support an appeal of each flood hazard type (e.g. modeling, topography, etc)

13 Common Questions  Are we likely to receive more appeals and experience more study delays?  Have the data requirements for appeal submittals changed as a result of the EAP?  If only the SFHA boundary for a flooding source was adjusted based on new topographic data (i.e., no new hydrologic/hydraulic analyses have been performed and BFEs have not changed), does that mean that the BFEs along the flooding source can be appealed?

14 Common Questions  Is an appeal period required if an SFHA or portion of an SFHA is removed from the FIRM, rather than added?  If there was an error or omission on a Federal Register notice published prior to December 1, 2011, will the study now be processed under the EAP?

15 EAP: Status of Implementation Studies  46 Federal Register publications  90-day appeal periods have been initiated for 34 of those studies  Requests for the EAP to be applied to ineligible communities have not been received to date  Posting of the Preliminary Map Products has been received positively

16 EAP: Status of Implementation LOMRs  145 Federal Register publications and appeal periods initiated to date.  Concerns over the more lengthy process have not materialized  “Changes to FEMA’s Appeal Process” notice drawing processing questions

17 What’s Next Coming soon….Updates to:  Appeals, Revisions, and Amendments to National Flood Insurance Program Maps: A Guide for Community Officials  Adoption of Flood Insurance Rate Maps by Participating Communities (FEMA 495)  Guidelines and Standards for Flood Risk Analysis and Mapping (formerly G & S for Flood Hazard Mapping Partners)  Document Control Procedures Manual Long term ….  FEMA-based web solution for posting of Preliminary FIRMs and FIS reports, LOMRs

18 For Further Information Contacts: FEMA  Todd Steiner PTS Leads  Maggie Mathis  Paul Slonac  Mike Gilliam

Questions?