By: Eric Simmons, FEMA Region IX
The U.S. Department of Housing and Urban Development (HUD) plays a major role in floodplain management by underwriting homeownership with mortgage insurance and establishing minimum standards for buildings constructed under a HUD program. On April 23, 2024, HUD published its Federal Register final rule to better protect communities and taxpayer-funded investments from flood damage. HUD updated existing floodplain regulations to require a greater level of flood protection for new construction and substantial rehabilitation projects. Building to this standard reduces flood loss to human life and property and minimizes the direct impact of flood damage on households across the country.
This rule expands the floodplain of concern from the 100-year (1% annual chance or base) floodplain to a newly defined “FFRMS floodplain.” The Federal Flood Risk Management Standard, or FFRMS, floodplain is an expanded area both horizontally and vertically (example shown below) from the 1% annual chance (base) flood elevation. The rule requires HUD-funded projects that newly construct or substantially improve structures within this newly defined floodplain be elevated or floodproofed to this higher FFRMS floodplain elevation.
This rule establishes a preference for (but does not require) use of a Climate Informed Science Approach (CISA) to determine the floodplain of concern for HUD-funded projects. The floodplain identified using
CISA provides the elevation and flood hazard area based on best-available, actionable hydrologic and hydraulic data. CISA maps provide more forward-looking information than existing Flood Insurance Rate Maps (FIRMs published by FEMA), many of which have not been updated in decades. When CISA maps are not available for a particular HUD-funded project, the rule provides multiple alternate approaches to identify the FFRMS floodplain. This means with or without available CISA mapping, there is a predictable option for compliance with the improved floodplain management standard.
HUD-funded projects within the FFRMS floodplain are required to complete the 8-step process unless excepted or permitted to complete an abbreviated 5-step process. The 8-step process is used to ensure HUD and responsible entities consider how their actions affect floodplains or wetlands and the people that depend on these important areas. The rule also allows public notices required for environmental reviews be published online on appropriate government websites.
The final rule also updates HUD’s minimum property standards for one- to four-unit family housing under the Federal Housing Administration (FHA) mortgage insurance program and low-rent public housing programs. FHA is the part of HUD that provides mortgage insurance on property loans that meet certain requirements. The new rule requires that the lowest floor in newly constructed structures be built at least two feet above the base (1% annual chance) flood elevation. The rule does not, however,require consideration of the horizontally expanded FFRMS floodplain under these minimum property standards.
FAQs as well as more information on these strengthened floodplain management standards is on HUD’s website.