Floodplain Enhancement and Recovery Act
The Floodplain Enhancement and Recovery Act would expand how ecosystem restoration projects are treated under the Homeowner Flood Insurance Affordability Act of 2014. It creates a formal category for “ecosystem restoration projects” and provides two main benefits: (1) a waiver of flood hazard map change fees for requests linked to these projects, and (2) a path for certain restoration projects within regulatory floodways to be approved even if they raise base flood elevations (BFEs) by up to 1 foot, provided specific criteria are met and a post-project analysis is submitted. The bill also requires FEMA to issue guidance within 180 days of enactment to implement these provisions and preserves existing notification practices for landowners. In short, the bill aims to promote restoration work in floodplains by reducing regulatory costs and permitting limited floodway changes with safeguards.
Key Points
- 1Defines “ecosystem restoration project” as a project aimed at recovering or enhancing natural and beneficial functions of a degraded aquatic resource or floodplain.
- 2Exempts ecosystem restoration requests from flood hazard map change review/processing fees.
- 3Allows certain ecosystem restoration projects within an adopted regulatory floodway to increase base flood elevations by up to 1 foot if:
- 4- a licensed engineer determines the cumulative effect won’t raise the water surface by more than 1 foot (or a higher amount set by the Administrator),
- 5- no insurable structures or critical infrastructure would be adversely affected, and
- 6- the community submits a post-completion analysis to the Administrator within 180 days.
- 7Establishes that the new provisions do not alter existing procedures for notifying landowners about development in regulatory floodways.
- 8Requires the Director/Administrator (FEMA) to issue implementation guidance for these provisions within 180 days after enactment, with input from federal and state natural resource agencies.