Biden-Harris administration finalizes rule increasing national resilience against flooding

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Alejandro Mayorkas United States Secretary of Homeland Security | Official Website

Biden-Harris administration finalizes rule increasing national resilience against flooding

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The Department of Homeland Security’s Federal Emergency Management Agency (FEMA) has published a Final Rule to implement the Federal Flood Risk Management Standard (FFRMS), aiming to increase resilience against flooding and protect communities. This standard incorporates current and future flood risks, using the best available science to make taxpayer-funded projects more resilient.

"The human and economic cost of flooding is devastating and will only grow in the years ahead as the impacts of climate change grow more intense and reach more communities," said Secretary of Homeland Security Alejandro N. Mayorkas. "Taking forward-looking, effective steps to increase resilience before disaster strikes will save lives, property, critical infrastructure, and taxpayer money."

FEMA Administrator Deanne Criswell emphasized that climate change has exacerbated flood risk nationwide, particularly with sea-level rise. "FFRMS will allow us to enhance resilience in flood-prone communities by taking future flood risk into consideration when we rebuild structures post-disaster," she said.

National Climate Advisor Ali Zaidi highlighted President Biden's actions to address extreme weather risks through historic investments aimed at protecting communities before disasters strike. "By using common-sense solutions like elevating or floodproofing critical infrastructure, today’s rule will help local communities harness the best in science and engineering to better prepare for flood risks from rising sea levels and damaging storms," Zaidi stated.

The FFRMS applies to FEMA-funded actions involving new construction, substantial improvement, or repairs to significant damage. It also covers Hazard Mitigation Assistance projects such as structure elevation, dry floodproofing, and mitigation reconstruction.

This rule follows additional measures announced by President Biden last week to protect workers and communities from extreme weather. After receiving an operational briefing on extreme weather from DHS Secretary Alejandro Mayorkas and FEMA Administrator Deanne Criswell, President Biden announced $1 billion for 656 projects nationwide aimed at disaster protection.

Since August 2021, FEMA has partially implemented the FFRMS by increasing minimum flood elevation requirements but not expanding affected areas horizontally. Full implementation now includes expansion of the floodplain based on both current and future risks.

The Final Rule amends Title 44, Part 9 of the Code of Federal Regulations and becomes effective on September 9, 2024. For disasters declared on or after this date—and notices of funding opportunity published thereafter—the FFRMS will apply to relevant FEMA-funded actions.

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