Federal Flood Risk Management Standards. An Update on Federal Flood Resilience Standards

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1 Federal Flood Risk Management Standards An Update on Federal Flood Resilience Standards

2 Purpose of Today s Briefing Facilitate the understanding of Executive Order (E.O.)13690 and its implementation Discuss key changes between E.O and

3 Updating Federal Flood Risk Standards 2

4 Executive Order Issued May 1977 governing federal actions in the floodplain Each agency shall provide leadership and shall take action to reduce the risk of flood loss, to minimize the impact of floods on human safety, health and welfare, and to restore and preserve the natural and beneficial values served by floodplains in carrying out its responsibilities for (1) acquiring, managing, and disposing of federal lands, and facilities; (2) providing federally undertaken, financed, or assisted construction and improvements; (3) conducting federal activities and programs affecting land use, including but not limited to water and related land resources planning, regulating, and licensing activities. 3

5 Executive Order Implementing Guidelines In February 1978, the Water Resources Council (WRC) issued Floodplain Management Guidelines (Implementing Guidelines or Guidelines) which contained broad instructions for federal agencies to implement the Executive Order including: Directed federal agencies to evaluate practicable alternatives to locating an action in a floodplain and Established an 8-step decision making process. 4

6 Executive Order and National Policy It is the policy of the United States to improve the resilience of communities and federal assets against the impacts of flooding. These impacts are anticipated to increase over time due to the effects of climate change and other threats. Losses caused by flooding affect the environment, our economic prosperity, and public health and safety, each of which affects our national security. - Executive Order

7 Executive Order On January 30th, the President signed Executive Order 13690, which amends Executive Order and establishes the Federal Flood Risk Management Standard (FFRMS or Standard). On February 5 th, FEMA, on behalf of the Mitigation Federal Leadership Group (MitFLG), published in the Federal Register for notice and comment a draft of revisions to the 1978 Floodplain Management Guidelines. The draft Guidelines contain the basic interpretation of Executive Order 11988, as amended by the Executive Order and the FFRMS. Executive Order also requires agencies to develop Implementation Plans describing how each agency will update its existing policies, procedures and/or regulations to comply with the new requirements. 6

8 Applying the Standard Does Apply Federal agencies will continue to implement Executive Order 11988, but replacing the 100-year base in the Executive Order with the process identified in the Federal Flood Risk Management Standard. Does Not Apply Executive Order does not prohibit building in the floodplains. EO does not apply to private investments in structures, facilities, or homes. The Standard will not affect flood insurance premiums or the requirements for participation in the NFIP. No change to: community floodplain management requirements, FEMA s flood mapping standards, FEMA s levee accreditation regulations (44 CFR 65.10), or rating/pricing practices of the NFIP. 7

9 Approaches in the Federal Flood Risk Management Standard Federal agencies will be given the flexibility to select the best approach for establishing the elevation and flood hazard area used when implementing Executive Order as amended by Executive Order 13690: Utilizing best-available, actionable data and methods that integrate current and future changes in flooding based on science; Two or three feet of elevation, (depending on criticality), above the 100- year, or 1%-annual-chance, flood elevation; or 500-year, or 0.2%-annual-chance, flood elevation. 8

10 Soliciting Input: Listening Sessions On behalf of the MitFLG, FEMA hosted listening sessions to gather feedback on the implementation of the FFRMS. 9

11 We Listened, and This Is What We Heard Impact of EO on permitting and financial transactions Need for consistency across agencies Importance of leveraging existing programs and resources Need for clarity on roles, definitions, and processes 10

12 Clarifications Made Based on Public Input The comments and input were reviewed, discussed, and addressed by a MitFLG working group. These comments spanned many topics. Some of the major topics included: Scope and applicability of E.O , as amended to include the FFRMS, and the associated implications for implementation; The concept of best available data and information, especially as it relates to the climate-informed science approach and mapping information available to determine the floodplain; Questions about the impact of E.O on the National Flood Insurance Program (NFIP) and other Federal Emergency Management Agency (FEMA) programs; Concerns about consistency in implementation across federal agencies; Requests for clarification or additional information on critical actions and nature-based approaches; Suggestions and questions about the development of agency-specific guidelines and implementation plans; Questions and suggestions about how other levels of government should be involved in the process and, in particular, how state, local, tribal, or territorial standards will be addressed; and Clarification on how E.O applies to leveed areas. 11

13 A Comparison of E.O and E.O Federal Activities to Which the E.O. Applies E.O (1977) E.O (2015) EO applies to the following actions: acquiring, managing, and disposing of federal lands and facilities; providing federally-undertaken, financed, or assisted construction and improvements; conducting federal activities and programs affecting land use, including but not limited to water and related land resources planning, regulation, and licensing. Federal agencies will continue to implement Executive Order 11988, but replace the 100-year base flood elevation with the elevation component and corresponding horizontal floodplain of the FFRMS for projects that use Federal funding for new construction, substantial improvement, or to address substantial damage to a structure or facility. Federally funded projects are a subset of federal actions. 12

14 A Comparison of E.O and E.O Elevation/Resilience Requirements E.O (1977) E.O (2015) The base-flood (1-percent annual chance flood) elevation as depicted on FEMA maps (the EO references HUD, as the National Flood Insurance Program (NFIP) resided in the Dept. of Housing and Urban Development in 1977). 13 The FFRMS allows agencies to choose an elevation/resilience standard from one of the following options (or combination of): Utilizing the best-available, actionable hydrologic and hydraulic data and methods that integrate current and future changes in flooding based on climate science (including an emphasis on whether the activity is critical); Two or three feet of elevation, (depending on if the activity is critical), added to the 1%-annual-chance, flood elevation; or 0.2%-annual-chance flood elevation; The elevation and flood hazard area that result from using any other method identified in an update to the FFRMS; and, All other requirements of E.O apply to all federal actions.

15 A Comparison of E.O and E.O Protection of Critical Actions E.O (1977) Did not define critical actions. Critical actions were defined in the 1978 Implementing Guidelines and recommended substituting the 0.2 percent annual-chance- flood elevation for the base-flood during the decision making process. E.O (2015) Defined critical actions, consistent with the 1978 Implementing Guidelines, as any activity for which even a slight chance of flooding is too great. FFRMS approaches include an emphasis on whether the activity is critical and provides more stringent options for use in those cases. 14

16 A Comparison of E.O and E.O Use of Natural or Nature-based Approaches E.O (1977) Focuses on preserving natural and beneficial functions of floodplains and avoiding adverse impacts to those floodplain values where practicable. Agencies were not precluded from considering nature-based solutions. E.O (2015) Where possible, an agency shall use natural systems, ecosystem processes, and nature-based approaches when developing alternatives for consideration. Nature-based approaches are discussed in detail in Step 3, 4, and 5 of the Guidelines. 15

17 Key Changes to the Guidelines for Implementing E.O and E.O The Guidelines continue to include key concepts from the 1978 Guidelines, including the following: The Guidelines are advisory and provide broad guidance in the implementation of E.O The scope of E.O applies to Federal agencies and actions defined in the Glossary. 16

18 Key Changes to the Guidelines for Implementing E.O and E.O Continued The Guidelines contain important updates and new concepts, including: The Guidelines incorporate the FFRMS and amendments found in E.O , such as: The requirement that agencies, where possible, use natural systems, ecosystem processes, and nature-based approaches in the development of alternatives for all actions to which E.O applies; Agencies will use greater resilience standards for actions they determine to be critical; 17

19 Key Changes to the Guidelines for Implementing E.O and E.O Continued The requirement for agencies to expand management from the base flood elevation to a higher vertical flood elevation and corresponding horizontal floodplain (as described in the FFRMS) for federally funded projects. Defined as, actions where Federal funds are used for new construction, substantial improvement, or to address substantial damage to structures and facilities. All other federal actions are subject to the 1-percent annual chance floodplain. 18

20 Key Changes to the Guidelines for Implementing E.O and E.O Continued The Guidelines include floodplain definitions to reflect the new approaches for determining the vertical flood elevation and corresponding horizontal floodplain described in the FFRMS. The Guidelines describe a new exception for actions that are considered to be in the interest of national security. Excepted actions will not be subject to the FFRMS standard; however, they are still expected to apply the 8-step decision-making process. 19

21 Key Changes to the Guidelines for Implementing E.O E.O Continued The FFRMS is a resilience standard. The vertical flood elevation and corresponding horizontal floodplain determined using the approaches in the FFRMS establish the level to which a structure or facility must be resilient. Agencies will continue to comply with the 1977 version of E.O until they update their implementing regulations or procedures, as appropriate. Each agency may have a different schedule for these updates. 20

22 FFRMS - Timeline January 30, 2015 President signs Executive Order February 5, 2015 Draft revisions to 1978 Floodplain Management Guidelines are published for comment March - April 2015 Listening Sessions conducted across the country and virtually May 6, 2015 Deadline for public comment on draft revised Guidelines June 6, 2015 Agencies submitted draft Implementation Plans to the National Security Council staff July - August 2015 MitFLG revised the Guidelines based on the input that was received September 2015 MitFLG provides the recommendations on the Guidelines to the Water Resources Council (WRC), who will finalize and issue the Guidelines October 8, 2015 The WRC unanimously accepted the MitFLG s suggested revisions to the Guidelines. Ongoing Following the publication of the final Guidelines, Agencies will update policies, procedures, and /or regulations for implementing the Executive Orders. Those agency and program-specific updates are anticipated to provide for additional public engagement 21

23 For More Information Executive Order Floodplain Management Fact Sheet on E.O Website on E.O and the Federal Flood Risk Management Standard The U.S. Army Corps of Engineers produced and a fact sheet in response to questions about Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act ogram/abouttheprogram/policyandguidance/federalfloodriskmanagementstandard.as px HUD s Implementation of E.O and the Federal Flood Risk Management Standard addresses the application of the FFRMS to single-family home mortgages for acquisition or refinancing of existing homes under the Federal Housing Administration or any other programs. 22

24 QUESTIONS? Susan W. Wilson, CFM DHS/FEMA Region IV