“FEMA’s Decision to Stop Enforcing Flood Damage Prevention Rules Sparks Controversy and Concern”

The Federal Emergency Management Agency (FEMA) has made a significant decision to halt the enforcement of rules aimed at preventing flood damage to public buildings such as schools, libraries, and fire stations. This move, which has not been publicly announced, has raised concerns among experts who warn that it could jeopardize public safety and potentially violate federal law.

The change in policy was outlined in a memo dated February 4th by FEMA’s chief counsel, Adrian Sevier, as reported by The New York Times. The rule in question, known as the Federal Flood Risk Management Standard, was a key initiative of the Biden administration to address the escalating costs of disasters. It stipulates that public buildings in flood zones must be rebuilt in a way that mitigates future flood damage in order to qualify for FEMA funding. This could involve elevating structures above expected flood levels or relocating them to safer areas.

The history of this rule has been contentious. Initially proposed by FEMA in 2016 following an executive order from President Obama, it faced opposition from the home-building industry citing increased construction costs. President Trump revoked Obama’s order upon taking office in 2017, halting FEMA’s efforts. However, President Biden reinstated the rule through a new executive order in 2021, leading to a final rule issued by FEMA last July.

The objective of the rule was not only to protect lives and property but also to save taxpayer money as climate change exacerbates flooding incidents. Deanne Criswell, former head of FEMA, emphasized the need to break the cycle of repetitive damage and rebuilding in flood-prone areas.

In a surprising turn of events, President Trump revoked the executive order for a federal flood standard upon returning to the White House. FEMA’s recent decision to pause enforcement of the rule has sparked legal debates. According to experts like David A. Super and Jennifer Nou, FEMA must follow a specific process to repeal a regulation, and until then, the rule remains in effect.

Critics, including Chad Berginnis of the Association of State Floodplain Managers, argue that failing to enforce the flood rule puts communities at risk and contradicts efforts to reduce government waste. Berginnis highlighted the importance of building infrastructure to withstand future flooding to avoid repetitive and costly repairs.

The implications of FEMA’s decision to halt enforcement of flood prevention rules are significant, with concerns raised about public safety, legal compliance, and fiscal responsibility. As the debate continues, the future of flood risk management for public buildings remains uncertain.