HomeMy WebLinkAbout09-06-18 Correspondence - FEMA to Andrus - Revised Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) Reports riftefillaveNA
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U.S.Department of Homeland Security
Region VIII
Denver Federal Center,Building 710
P.O.Box 25267
Denver,CO 80225-0267
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September 6, 2018
CERTIFIED MAIL IN REPLY REFER TO:
RETURN RECEIPT REQUESTED Case No.: 16-08-0886S
The Honorable Cyndy Andrus Community: City of Bozeman,
Mayor, City of Bozeman Gallatin County,
P.O.Box 1230 Montana
Bozeman, Montana 59771 Community No.: 300028
APPEAL START
Dear Mayor Andrus:
On November 28,2016,the Department of Homeland Security's Federal Emergency Management Agency
(FEMA)provided your community with Preliminary copies of the revised Flood Insurance Rate Map
(FIRM)and Flood Insurance Study(FIS)report for Gallatin County,Montana and Incorporated Areas.
FEMA has posted digital copies of these revised FIRM and FIS report materials to the following Website:
https://www.fema.gov/preliminaryfloodhazarddata. The Preliminary FIRM and FIS report include
proposed flood hazard information for certain locations in the City of Bozeman. The proposed flood
hazard information may include addition or modification of Special Flood Hazard Areas,the areas that
would be inundated by the base(1-percent-annual-chance)flood;base flood elevations or depths;zone
designations; or regulatory floodways.
We have published a notice of the proposed flood hazard determinations in the Federal Register and will
publish a public notification concerning the appeal process (explained below)in the Bozeman Daily
Chronicle on or about September 13,2018,and September 20,2018. We will also publish a separate
notice of the flood hazard determinations on the"Flood Hazard Determinations on the Web"portion of the
FEMA Website(www.fema.goy/plan/prevent/fhm/bfe). We have enclosed copies of the notice published
in the FEDERAL REGISTER and the newspaper notice for your information.
These proposed flood hazard determinations,if finalized,will become the basis for the floodplain
management measures that your community must adopt or show evidence of having in effect to qualify or
remain qualified for participation in the National Flood Insurance Program(NFIP). However,before any
new or modified flood hazard information is effective for floodplain management purposes,FEMA will
provide community officials and citizens an opportunity to appeal the proposed flood hazard information
presented on the preliminary revised FIRM and FIS report posted to the above-referenced Website.
II
Section 110 of the Flood Disaster Protection Act of 1973 (Public Law 93-234) is intended to ensure an
equitable balancing of all interests involved in the setting of flood hazard determinations. The legislation
provides for an explicit process of notification and appeals for your community and for private persons
prior to this office making the flood hazard detenninations final. The appeal procedure is outlined below
for your information and in the enclosed document titled Criteria for Appeals of Flood Insurance Rate
Maps.
During the 90-day appeal period following the second publication of the public notification in the above-
named newspaper, any owner or lessee of real property in your community who believes his or her
property rights will be adversely affected by the proposed flood hazard determinations may appeal to you,
or to an agency that you publicly designate. It is important to note, however,that the sole basis for such
appeals is the possession of knowledge or information indicating that the proposed flood hazard
determinations are scientifically or technically incorrect. The appeal data must be submitted to FEMA
during the 90-day appeal period. Only appeals of the proposed flood hazard determinations supported by
scientific or technical data can be considered before FEMA makes its final flood hazard determination at
the end of the 90-day appeal period.Note that the 90-day appeal period is statutory and cannot be
extended. However, FEMA also will consider comments and inquiries regarding data other than the
proposed flood hazard determinations (e.g., incorrect street names,typographical errors, omissions)that
are submitted during the appeal period, and will incorporate any appropriate changes to the revised FIRM
and FIS report before they become effective.
If your community cannot submit scientific or technical data before the end of the 90-day appeal period,
you may nevertheless submit data at any time. If warranted, FEMA will revise the FIRM and FIS report
after the effective date. This means that the revised FIRM would be issued with the flood hazard
information presently indicated, and flood insurance purchase requirements would be enforced
accordingly, until such time as a revision could be made.
Any interested party who wishes to appeal should present the data that tend to negate or contradict our
findings to you, or to an agency that you publicly delegate, in such form as you may specify. We ask that
you review and consolidate any appeal data you may receive and issue a written opinion stating whether
the evidence provided is sufficient to justify an official appeal by your community in its own name or on
behalf of the interested parties. Whether or not your community decides to appeal,you must send copies of
individual appeals and supporting data, if any,to: r8coi-nmentsandappeals@fema.dhs.gov. Please
reference the City of Bozeman and 16-08-0886S in the subject line of email. If there is a hard copy
component to the appeal package, send a notification to the aforementioned email address and send hard
copies of the data to:
Mark English,FEMA Region VIII
Federal Center Building 710
Post Office Box 25267
Denver, Colorado 80225-0267
Additional copy to:
Matthew McGlone, Regional Service Center, Compass
555 17th Street, Suite 500
Denver, Colorado 80202
and
Steve Story, P.E., CFM, Chief, Water Operations Bureau
Montana Department of Natural Resources and
Conservation,Water Resources Division
P.O. Box 201601
Helena, Montana 59620-1601
If we do not receive an appeal or other formal comment from your community in its own name within
90 days of the second date of public notification,we will consolidate and review on their own merits such
appeal data and comments from individuals that you may forward to us, and we will make such
modifications to the proposed flood hazard information presented on the revised FIRM and in the revised
FIS report as may be appropriate. If your community decides to appeal in its own name, all individuals'
appeal data must be consolidated into one appeal by you, because, in this event, we are required to deal
only with the local government as representative of all local interests. We will send our final decision in
writing to you, and we will send copies to the community floodplain administrator, each individual
appellant, and the State NFIP Coordinator.
All appeal submittals will be resolved by consultation with officials of the local government involved, by
an administrative hearing, or by submission of the conflicting data to an independent scientific body or
appropriate Federal agency for advice. Use of a Scientific Resolution Panel (SRP) is also available to your
community in support of the appeal resolution process when conflicting scientific or technical data are
submitted during the appeal period. SRPs are independent panels of experts in hydrology, hydraulics, and
other pertinent sciences established to review conflicting scientific and technical data and provide
recommendations for resolution. An SRP is an option after FEMA and community officials have been
engaged in a collaborative consultation process for at least 60 days without a mutually acceptable
resolution of an appeal. Please refer to the enclosed"Scientific Resolution Panels"fact sheet for
additional information on this resource available to your community.
FEMA will make the reports and other information used in making the final determination available for
public inspection. Until the conflict of data is resolved and the revised FIRM becomes effective, flood
insurance available within your community will continue to be available under the effective NFIP map,
and no person shall be denied the right to purchase the applicable level of insurance at chargeable rates.
The decision by your community to appeal, or a copy of its decision not to appeal, should be filed with this
office no later than 90 days following the second publication of the flood hazard determination notice in
the above-named newspaper. Your community may find it appropriate to call further attention to the
proposed flood hazard determinations and to the appeal procedure by using a press release or other public
notice.
If warranted by substantive changes, during the appeal period we will send you Revised Preliminary copies
of the revised FIRM and FIS report. At the end of the 90-day appeal period and following the resolution
of any appeals and comments, we will send you a Letter of Final Determination,which will finalize the
flood hazard information presented on the revised FIRM and FIS report and will establish an effective
date.
If you have any questions regarding participation in the NFIP, we encourage you to contact the Mitigation
Division Director,FEMA Region VIII, in Denver, Colorado, either by telephone at(303)235-4830 or in
writing to Federal Center Building 710, Post Office Box 25267,Denver, Colorado 80225-0267.
If you have any questions regarding the proposed flood hazard determinations, revised FIRM panels, or
revised FIS report for your community, please call our FEMA Information eXchange(FMIX),toll free, at
1-877-FEMA MAP (1-877-33 6-2627) or e-mail the FMIX staff at FEMAMapSpecialist@riskmapcds.com.
Sincerely,
Jeanine D. Petterson
FEMA Region VIII Mitigation Division Director
List of Enclosures:
Newspaper Notice
Proposed Flood Hazard Determinations FEDERAL REGISTER Notice
Criteria for Appeals of Flood Insurance Rate Maps
"Scientific Resolution Panels"Fact Sheet
cc: Brian Heaston, Engineer, City of Bozeman
Community Map Repository(w/o enclosures)
Traci Sears, State NFIP Coordinator(w/o enclosures)
Steve Story, State Risk MAP Program Manager(w/o enclosures)
Mark English,FEMA Region VIII Risk MAP Specialist(w/o enclosures)
Marijo Brady, FEMA Region VIII FM&I Specialist(w/o enclosures)
DEPARTMENT OF HOMELAND SECURITY
FEDERAL EMERGENCY MANAGEMENT AGENCY
Proposed Flood Hazard Determinations for Gallatin County,Montana and Incorporated Areas
The Department of Homeland Security's Federal Emergency Management Agency has issued a
preliminary Flood Insurance Rate Map (FIRM), and where applicable, Flood Insurance Study(FIS)
report,reflecting proposed flood hazard determinations within Gallatin County,Montana and
Incorporated Areas. These flood hazard determinations may include the addition or modification of Base
Flood Elevations, base flood depths, Special Flood Hazard Area boundaries or zone designations, or the
regulatory floodway. Technical information or comments are solicited on the proposed flood hazard
determinations shown on the preliminary FIRM and/or FIS report for Gallatin County, Montana and
Incorporated Areas. These flood hazard determinations are the basis for the floodplain management
measures that your community is required to either adopt or show evidence of being already in effect in
order to qualify or remain qualified for participation in the National Flood Insurance Program. However,
before these determinations are effective for floodplain management purposes,you will be provided an
opportunity to appeal the proposed information. For information on the statutory 90-day period provided
for appeals, as well as a complete listing of the communities affected and the locations where copies of
the FIRM are available for review, please visit FEMA's website at www.fema.gov/plan/prevent/fhm/bfe,
or call the FEMA Map Information eXchange (FMIX)toll free at 1-877-FEMA MAP (1-877-336-2627).
i.ror..Ga�GPO//
38160 Federal Register/Vol. 83, No. 150/Friday, August 3, 2018/Notices
DEPARTMENT OF HOMELAND Community Map Repository address provided in the tables below.Any
SECURITY listed in the tables below.Additionally, request for reconsideration of the
the current effective FIRM and FIS revised flood hazard information shown
Federal Emergency Management report for each community are on the Preliminary FIRM and FIS report
Agency accessible online through the FEMA that satisfies the data requirements
[Docket ID FEMA-2018-0002;Internal Map Service Center at https:// outlined in 44 CFR 67.6(b)is considered
Agency Docket No.FEMA—B-1836] msc.fema.gov for comparison. an appeal. Comments unrelated to the
You may submit comments,identified flood hazard determinations also will be
Proposed Flood Hazard by Docket No.FEMA—B-1836,to Rick considered before the FIRM and FIS
Determinations Sacbibit,Chief,Engineering Services report become effective.
Branch,Federal Insurance and Use of a Scientific Resolution Panel
AGENCY:Federal Emergency Mitigation Administration,FEMA,400
Management Agency,DHS. C Street SW,Washington,DC 20472, pp is available to communities in
support
ACTION: Notice. (202) 646-7659, or(email) support of the appeal resolution
patrick.sacbibit@fema.dhs.gov, process. SRPs are independent panels of
SUMMARY: Comments are requested on FOR FURTHER INFORMATION CONTACT:Rick experts in hydrology,hydraulics,and
FUR
proposed flood hazard determinations, FOR FUR,Chief,Engineering Services other pertinent sciences established to
which may include additions or SacBranch Federal Insurance and review conflicting scientific and
,
modifications of any Base Flood technical data and provide
Mitigation Administration,FEMA,400 recommendations for resolution.Use of
Elevation(BFE),base flood depth, C Street SW,Washington,DC 20472,
Special Flood Hazard Area(SFHA) the SRP only maybe exercised after
boundary or zone designation,or at-ri 64 acbibi, f (email) FEMA and local communities have been
regulatory floodway on the Flood the F k.sacb ap Ine Information
eXov, or visit engaged in a collaborative consultation
the FEMA Map Information eXchange
Insurance Rate Maps (FIRMs),and (FMIX) online at https:// process for at least 60 days without a where applicable,in the supporting vvwvv.floodmaps.fema.gov/fhm/fmx p
Flood Insurance Study(FIS)reports for main.html. - mutually acceptable resolution of an
appeal.Additional information
the communities listed in the table regarding the SRP process can be found
below. The purpose of this notice is to SUPPLEMENTARY INFORMATION:FEMA online at https://ivuryv floodsrp.orglpdfsl
seek general information and comment proposes to make flood hazard srp_overview.pdf.
regarding the preliminary FIRM,and determinations for each community
g g p y below,in accordance with section The watersheds and/or communities
listed
where applicable,the FIS report that the 110 the Flood Disaster Protection Act affected are listed in the tables below.
Federal Emergency Management Agency The Preliminary FIRM,and where
(FEMA)has provided to the affected of 1973,42 U.S.C. 4104,and 44 CFR applicable,FIS report for each
communities.The FIRM and FIS 4(67
report . a).
p community are available for inspection
are the basis of the flood lain These proposed flood hazard
p at both the online location https://
determinations,together with the
management measures that the wzaryv fema.gov/preliminaryflood
community is required either to adopt floodplain management criteria required hazarddata and the respective
or to show evidence of having in effect by 44 CFR 60.3,are the minimum that Community Map Repository address
in order to qualify or remain qualified are required. They should not be
q q construed to mean that the community listed in the tables. For communities
for participation in the National Flood must change With multiple ongoing Preliminary
ange any existing ordinances Insurance Program(NFIP).In addition, studies,the studies can be identified by
the FIRM and FIS report,once effective, that are more stringent in their
p the unique project number and
will be used by insurance agents and floodplain management requirements. preliminary FIRM date listed in the
others to calculate appropriate flood The community may at any time enact tables.Additionally,the current
t t t sricer requirements of its own or
insurance premium rates for new effective FIRM and FIS report for each
buildings and the contents of those pursuant to policies established by other community are accessible online
buildings. Federal, State, or regional entities. through the FEMA Map Service Center
These flood hazard determinations are at htt s//msc. ema. ov for comparison.
DATES: Comments are to be submitted used to meet the floodplain p " f g p
on or before November 1, 2018. management requirements of the NFIP (Catalog of Federal Domestic Assistance No.
ADDRESSES: The Preliminary FIRM, and and are used to calculate the 97.022,"Flood Insurance.")
where applicable,the FIS report for appropriate flood insurance premium David I.Maurstad,
each community are available for rates for new buildings built after the Dep u ty Associate A dministro torforInsurance
inspection at both the online location FIRM and FIS report become effective. and Mitigation,Department of Homeland
https://vvvtw-v.fema.govlpreliminaryflo The communities affected by the Security,Federal Emergency Management
odhazarddata and the respective flood hazard determinations are Agency.
Community Community map repository address
Gallatin County, Montana and Incorporated Areas
Project: 16-08-0886S Preliminary Date: November 28,2016 and February 16,2018
City of Bozeman ....................................................................................... Stiff Professional Building, Engineering Department, 20 East Olive
Street, 1st Floor, Bozeman, MT 59715.
Unincorporated Areas of Gallatin County ................................................ Gallatin County Courthouse, Planning Department, 311 West Main
Street, Room 108, Bozeman, MT 59715.
Federal Register/Vol. 83, No. 150/Friday, August 3, 2018/Notices 38161
Community Community map repository address
Canadian County, Oklahoma and Incorporated Areas
Project: 12-06-1030S Preliminary Date: February 8,2018
City of El Reno ......................................................................................... Municipal Building, 101 North Choctaw Avenue, El Reno,OK 73036.
Aransas County,Texas and Incorporated Areas
Project: 15-06-0811S Preliminary Date: March 16,2018
City of Aransas Pass ................................................................................ City Hall, 600 West Cleveland Boulevard,Aransas Pass,TX 78336.
San Patricio County,Texas and Incorporated Areas
Project: 15-06-0811 S Preliminary Date: March 16,2018
City of Aransas Pass ................................................................................ City Hall, 600 West Cleveland Boulevard,Aransas Pass,TX 78336.
[FR Doc.2018-16666 Filed 8-2-18;8:45 am] 97.048,Disaster Housing Assistance to Brown Fund;97.032,Crisis Counseling;
BILLING CODE 9110-12-P Individuals and Households In Presidentially 97.033,Disaster Legal Services;97.034,
Declared Disaster Areas;97.049, Disaster Unemployment Assistance(DUA);
Presidentially Declared Disaster Assistance— 97.046,Fire Management Assistance Grant;
DEPARTMENT OF HOMELAND Disaster Housing Operations for Individuals 97.048,Disaster Housing Assistance to
SECURITY and Households;97.050,Presidentially Individuals and Households In Presidentially
Declared Disaster Assistance to Individuals Declared Disaster Areas;97.049,
Federal Emergency Management and Households—Other Needs;97.036, Presidentially Declared Disaster Assistance
Disaster Disaster Grants—Public Assistance Disaster Housing Operations for Individuals
(Presidentially Declared Disasters);97.039, and Households;97.050 Presidentially
[Internal Agency Docket No.FEMA-4366— g
Hazard Mitigation Grant.) Declared Disaster Assistance to Individuals
DR; Docket ID FEMA-2018-0001] and Households—Other Needs;97.036,
Brock Long, Disaster Grants—Public Assistance
Hawaii;Amendment No.2 to Notice of Administrator,Federal Emergency (Presidentially Declared Disasters);97.039,
a Major Disaster Declaration Management Agency. Hazard Mitigation Grant.)
[FR Doc.2018-16668 Filed 8-2-18;8:45 am]
AGENCY:Federal Emergency BILLING CODE 9111-23-P Brock Long,
Management Agency,DHS. Administrator,Federal Emergency
ACTION:Notice. Management Agency.
DEPARTMENT OF HOMELAND [FR Doc.2018-16667 Filed 8-2-18;8:45 am]
SUMMARY:This notice amends the notice SECURITY BILLING CODE 9111-23-P
of a major disaster declaration for the
State of Hawaii (FEMA-4366—DR), Federal Emergency Management
dated May 11,2018, and related Agency DEPARTMENT OF HOUSING AND
determinations. [Internal Agency Docket No.FEMA-4377— URBAN DEVELOPMENT
DATES:The amendment was issued on DR;Docket ID FEMA-2018-0001] [Docket No.FR-7005—N-12]
July 13, 2018,
FOR FURTHER INFORMATION CONTACT: Texas;Amendment No. 1 to Notice of 60-Day Notice of Proposed Information
Dean Webster,Office of Response and a Major Disaster Declaration Collection: Home Mortgage Disclosure
Recovery,Federal Emergency AGENCY:Federal Emergency Act(HMDA) Loan/Application Register
Management Agency, 500 C Street SW, Management Agency,DHS. AGENCY: Office of the Assistant
Washington,DC 20472, (202) 646-2833. ACTION:Notice. Secretary for Housing—Federal Housing
SUPPLEMENTARY INFORMATION:The Commissioner,HUD.
Federal Emergency Management Agency SUMMARY:This notice amends the notice ACTION:Notice.
(FEMA)hereby gives notice that of a major disaster declaration for the
pursuant to the authority vested in the State of Texas (FEMA-4377—DR), dated SUMMARY:HUD is seeking approval from
Administrator,under Executive Order July 6, 2018,and related determinations, the Office of Management and Budget
12148,as amended,Benigno Bern Ruiz, DATES:This amendment was issued July (OMB)for the information collection
of FEMA is appointed to act as the 19, 2018. described below.In accordance with the
Federal Coordinating Officer for this FOR FURTHER INFORMATION CONTACT: paperwork Reduction Act,HUD is
disaster. Dean Webster,Office of Response and requesting comment from all interested
This action terminates the Recovery,Federal Emergency parties on the proposed collection of
appointment of Willie G. Nunn as Management Agency, 500 C Street SW, information. The purpose of this notice
Federal Coordinating Officer for this Washington,DC 20472, (202) 646-28331 is to allow for 60 days of public
disaster. SUPPLEMENTARY INFORMATION:Notice is comment.
(The following Catalog of Federal Domestic hereby given that the incident period for DATES: Comments Due Date:October 2,
Assistance Numbers(CFDA)are to be used this disaster is closed effective July 13, 2018.
for reporting and drawing funds:97.030, 2018. ADDRESSES:Interested persons are
Community Disaster Loans;97.031,Cora
Brown Fund;97.032,Crisis Counseling; (The following Catalog of Federal Domestic invited to submit comments regarding
97.033,Disaster Legal Services;97.034, Assistance Numbers(CFDA)are to be used this proposal.Comments should refer to
Disaster Unemployment Assistance(DUA); for reporting and drawing funds:97.030, the proposal by name and/or OMB
97.046,Fire Management Assistance Grant; Community Disaster Loans;97.031,Cora Control Number and should be sent to:
Criteria for Appeals of
Flood Insurance Rate Maps
November 30, 2011
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All policy and standards in this document have been superseded by the FEMA Policy for Flood Risk Analysis and Mapping.
However,the document contains useful guidance to support implementation of the new standards.
This document outlines the criteria for appealing proposed changes in flood hazard information
on Flood Insurance Rate Maps (FIRMS) during the appeal period. The Department of Homeland
Security's Federal Emergency Management Agency(FEMA) applies rigorous standards in
developing and updating flood hazard information and provides communities with an opportunity
to review the updated flood hazard information presented on new or revised FIRMS before they
become final.
1. Background
The regulatory requirements related to appeals are found in Part 67 of the National Flood
Insurance Program(NFIP) regulations. Additional FEMA procedural details are provided in
Procedure Memorandum No. 57, Expanded Appeals Process, dated November 30, 2011. Detailed
information on appeals can also be found in Appeals, Revisions, and Amendments to National
Flood Insurance Program Maps—A Guide for Community Officials and FEMA's Document
Control Procedures Manual. All referenced documents are accessible through the "Guidance
Documents and Other Published Resources" webpage, located at:
http://www.fema.gov/plan/prevent/fhm/frm—docs.shtm.
As outlined in these documents, an appeal period is provided for all new or modified flood hazard
information shown on a FIRM, including additions or modifications of any Base (1-percent-
annual-chance) Flood Elevation(BFE), base flood depth, Special Flood Hazard Area (SFHA)
boundary or zone designation, or regulatory floodway. SFHAs are areas subject to inundation by
the base (1-percent-annual-chance) flood and include the following SFHA zone designations: A,
AO, AH, Al-A30, AE, A99, AR, AR/A1-A30, AR/AE, AR/AO, AR/AH, ARIA, VO, V1-V30,
VE, and V. Therefore, a statutory 90-day appeal period is required when a flood study, Physical
Map Revision (PMR), or Letter of Map Revision (LOMR) is proposed in which:
• New BFEs or base flood depths are proposed or currently effective BFEs or base flood
depths are modified;
• New SFHAs are proposed or the boundaries of currently effective SFHAs are modified;
• New SFHA zone designations are proposed or currently effective SFHA zone
designations are modified; and
• New regulatory floodways are proposed or the boundaries of currently effective
floodways are modified.
Clarification on the necessity for an appeal period is provided for certain specific circumstances
outlined below:
• Edge matching of effective floodplain boundaries or information. This usually occurs in
first-time countywide flood mapping projects when effective BFEs, base flood depths,
2
All policy and standards in this document have been superseded by the FEMA Policy for Flood Risk Analysis and Mapping.
However,the document contains useful guidance to support implementation of the new standards.
SFHAs, or floodways are extended to an adjacent community that previously had
differing or no BFEs, base flood depths, SFHAs, or floodways shown on their effective
FIRM in order to fix a map panel to map panel mismatch. In these instances, an appeal
period is required because BFEs, base flood depths, SFHAs, or floodways are changing
or being shown for the first time in the area.
• Redelineation of effective floodplain boundaries. This occurs when an effective SFHA
boundary is redrawn on the FIRM using new or updated topography to more accurately
represent the risk of flooding. In these instances an appeal period is required because
the SFHA boundary is changing. However, the appeal period will only apply to the
updated SFHA boundary delineations, not the methodology used to originally establish
BFEs/flood depths (since this will not have changed).
• Revisions to SFHA zone designations. A revision to an SFHA zone designation may
occur with or without a BFE and/or boundary change. For example, when a Zone VE
floodplain is changed to a Zone AE designation to reflect the updated location of a
Primary Frontal Dune (PFD), the BFE and SFHA boundary may not necessarily change.
For any change in SFHA zone designation, including the removal of an SFHA
designation from a FIRM, an appeal period is required.
• Regulatory floodway boundaries. When the effective floodway boundary is redrawn on
the FIRM to more accurately represent the extent of the encroachment, an appeal period
is required.
• MT-1 cases. When the SFHA or floodway boundary is amended due to the issuance of a
Letter of Map Amendment (LOMA), Letter of Map Revision based on Fill (LOMR-F),
Letter of Map Revision—Floodway, or other MT-1 case, an appeal period is not
required.
• Annexation of effective floodplain boundaries. When a new or revised FIRM shows new
community boundaries which include effective BFEs, base flood depths, SFHAs, or
floodways, an appeal period is not required, provided no BFE, base flood depth,
SFHA, or floodway changes apply.
However, in cases where the flood hazard information in the annexed area has never
received due process (for example, if the area is shown for information only on all FIRMS
depicting the area), an appeal period is required.
• Reissuance of effective LOMRs: When a LOMR is reissued after not being incorporated
into a revised FIRM, an appeal period is not required.
3
All policy and standards in this document have been superseded by the FEMA Policy for Flood Risk Analysis and Mapping.
However,the document contains useful guidance to support implementation of the new standards.
• Updates that do not impact flood hazard data: When flood studies, PMRs, or LOMRs
result in changes to FIRMs that do not impact BFEs, base flood depths, SFHAs, or
floodways, an appeal period is not required.
• Datum Conversions: An appeal period is not required specifically for a datum
conversion (e.g., a conversion from NGVD 29 to NAVD 88).
1.1. Additional Procedures for LOMRs
Beginning with LOMRs issued on or after December 1, 2011, the following procedures will
apply:
In order to provide sufficient due process rights for changes due to LOMRs, any LOMR in a
compliant community that requires an appeal period will become effective 120 days from the
second newspaper publication date, following FEMA's current policy. This allows time to
collect appeals, as well as provides for newspaper publication schedule conflicts. LOMRs in
non-compliant communities or in communities that require adoption of the LOMR will
become effective following the six month compliance period.
Evidence of public notice or property owner notification of the changes due to a LOMR will
continue to be requested during the review of the LOMR request. This will help to ensure
that the affected population is aware of the flood hazard changes in the area and the resultant
LOMR. However, evidence of property owner acceptance of the changes due to a LOMR
will no longer be requested. Because all LOMRs that require an appeal period will become
effective 120 days from the second newspaper publication date, the receipt of such
acceptance will have no effect on the effective date of the LOMR; therefore, there is no need
for the requester to pursue acceptance.
2. Appeal Eligibility Requirements
Areas that are eligible for appeal include:
• Areas showing new or revised BFEs or base flood depths
• Areas showing new or revised SFHA boundaries (including both increases and decreases
in the extent of the SFHA)
• Areas where there is a change in SFHA zone designation
• Areas showing new or revised regulatory floodway boundaries (including both increases
and decreases in the extent of the regulatory floodway).
The area of concern must be within the scope of the new or modified BFEs, base flood depths,
SFHA boundaries, SFHA zone designations, and/or regulatory floodway boundary changes and
4
All policy and standards in this document have been superseded by the FEMA Policy for Flood Risk Analysis and Mapping.
However,the document contains useful guidance to support implementation of the new standards.
be supported by scientific and/or technical data. The criteria for data submittals are outlined in
Title 44, Chapter 1, Code of Federal Regulations, Section 67.6(b) and in this document.
The statutory 90-day appeal period cannot be extended. FEMA may provide an additional 30
days for a community after the 90-day appeal period has ended to submit supporting and
clarifying data for an appeal received during the appeal period. No appeals will be accepted after
the 90-day appeal period.
Challenges that do not relate to new or modified BFEs, base flood depths, SFIIA boundaries,
SFHA zone designations, or floodways are not considered appeals. Challenges received by
FEMA during the appeal period that do not address these items will be considered comments.
Comments include, but are not limited to the following:
• The impacts of changes that have occurred in the floodplain that should have previously
been submitted to FEMA in accordance with 44 Code of Federal Regulations, Section
65.3;
• Corporate limit revisions;
• Road name errors and revisions;
• Requests that changes effected by a LOMA, LOMR-F, or LOMR be incorporated;
• Base map errors; and
• Other possible omissions or potential improvements to the mapping.
Any significant problems identified by community officials or residents (at formal meetings or
otherwise) will be addressed appropriately.
3. Supporting Data and Documentation Required for Appeals
The BFEs and base flood depths presented in Flood Insurance Study (FIS) reports and shown on
FIRMS are typically the result of coastal, hydrologic and hydraulic engineering methodologies.
Floodway configurations, generally developed as part of the hydraulic analyses, are adopted by
communities as a regulatory tool for floodplain management and are delineated on FIRMs along
with SFHAs.
Because numerous methodologies have been developed for estimating flood discharges and
flood elevations/depths, and other flood hazard information under a variety of conditions, FEMA
contractors, mapping partners, and others whose data and documentation FEMA approves and
uses, such as communities, regional entities and State agencies participating in the Cooperating
Technical Partners (CTP) Program, use their professional judgment in selecting methodologies
that are appropriate for the conditions along a particular segment of a particular flooding source.
5
All policy and standards in this document have been superseded by the FEMA Policy for Flood Risk Analysis and Mapping.
However,the document contains useful guidance to support implementation of the new standards.
For FEMA contracted flood studies and PMRs the approach to be used will usually be discussed
with community officials at the beginning of the flood study or PMR mapping process.
Because the methodologies are the result of attempts to reduce complex physical processes to
mathematical models, the methodologies include simplifying assumptions. Usually, the
methodologies are used with data developed specifically for the flood study, PMR, or LOMR.
Therefore, the results of the methodologies are affected by the amount of data collected and the
precision of any measurements made.
Because of the judgments and assumptions that must be made and the limits imposed by cost
considerations, the correctness of the BFEs, base flood depths and other flood hazard
information is often a matter of degree, rather than absolute. For that reason, appellants who
contend that the BFEs, base flood depths, or other flood hazard information is incorrect because
better methodologies could have been used, better assumptions could have been made, or better
data could have been used, must provide alternative analyses that incorporate such
methodologies, assumptions, or data and that quantify their effect on the BFEs, base flood depths
or other flood hazard information. FEMA will review the alternative analyses and determine
whether they are superior to those used for the flood study, PMR, or LOMR and whether
changes to the FIS report and/or FIRM, or LOMR are warranted as a result.
Unless appeals are based on indisputable mathematical or measurement errors or the effects of
natural physical changes that have occurred in the floodplain, they must be accompanied by all
data that FEMA needs to revise the preliminary version of the FIS report and FIRMs. Therefore,
appellants should be prepared to perform coastal, hydrologic and hydraulic analyses, to plot new
and/or revised Flood Profiles, and to delineate revised SFHA zone and regulatory floodway
boundaries as necessary.
An appeal must be based on data that show the new or modified BFEs, base flood depths, SFHA
boundaries, SFHA zone designations, or floodways to be scientifically or technically incorrect.
All analyses and data submitted by appellants must be certified by a Registered Professional
Engineer or Licensed Land Surveyor, as appropriate. The data and documentation that must be
submitted in support of the various types of appeals are discussed in the subsections that follow.
3.1. Appealing BFEs, Base Flood Depths, SFHA Zone
Designations, or Regulatory Floodways
Scientifically incorrect BFEs, base flood depths, SFHA zone designations, or regulatory
floodways:
Proposed BFEs, base flood depths, SFHA zone designations, or regulatory floodways are
said to be scientifically incorrect if the methodology used in the determination of the BFEs,
6
All policy and standards in this document have been superseded by the FEMA Policy for Flood Risk Analysis and Mapping.
However,the document contains useful guidance to support implementation of the new standards.
base flood depths, SFHA zone designations, or regulatory floodways is inappropriate or
incorrect, or if the assumptions made as part of the methodology are inappropriate or
incorrect. An appeal that is based on the proposed BFEs, base flood depths, SFHA zone
designations, or regulatory floodways being scientifically incorrect would, therefore, contend
that the use of a different methodology or different assumptions would produce more
accurate results. A list of National Flood Insurance Program-accepted hydrologic, hydraulic
and coastal models is available on FEMA's website at
http://www.fema.,aoy/plan/prevent/fhm/en modl.shtm. To show that an inappropriate or
incorrect coastal, hydraulic or hydrologic methodology has been used, an appellant must
submit the following data, as applicable:
• New hydrologic analysis based on alternative methodology and if applicable, updated
hydraulic/floodway or coastal analyses based on the updated discharge values;
• New hydraulic/floodway analysis based on alternative methodology and original flood
discharge values (if the appeal does not involve the hydrologic analysis);
• New coastal analyses based on alternative methodology and original stillwater elevations
(if the appeal does not involve the hydrologic analysis);
• Explanation for superiority of alternative methodology;
• As applicable, revised Summary of Discharges Table, Flood Profiles, Transect Data
Table, Summary of Stillwater Elevations Table, and Floodway Data Table (FDT); and
• Revised SFHA zone boundaries and, if applicable, regulatory floodway boundary
delineations.
Technically Incorrect BFEs, Base Flood Depths,SFHA Zone Designations, or
Regulatory Floodways:
The proposed BFEs, base flood depths, SFHA zone designation or regulatory floodways are
said to be technically incorrect if at least one of the following is true.
• The methodology was not applied correctly.
o To show that a hydrologic methodology was not applied correctly, an appellant
must submit the following:
■ New hydrologic analysis in which the original methodology has been
applied differently;
■ Explanation for superiority of new application;
■ New hydraulic/floodway or coastal analysis based on flood discharge
values from new hydrologic analysis;
7
All policy and standards in this document have been superseded by the FEMA Policy for Flood Risk Analysis and Mapping.
However,the document contains useful guidance to support implementation of the new standards.
■ Revised Summary of Discharges Table and/or Flood Profiles and, if
applicable, FDT; and
■ Revised SFHA zone boundary and, if applicable, regulatory floodway
boundary delineations.
o To show that a hydraulic methodology was not applied correctly, an appellant
must submit the following information. (Please note that an appeal to a floodway
configuration cannot be solely based on surcharge values.)
■ New hydraulic/floodway analysis, based on original flood discharge
values, in which the original methodology has been applied differently;
■ As applicable, revised Flood Profiles, FDT and other FIS report tables as
needed; and
■ Revised SFHA zone boundary and, if applicable, regulatory floodway
boundary delineations.
o To show that a coastal methodoloU was not applied correctly, an appellant must
submit the following:
■ New coastal analysis, based on the original stillwater elevations, in which
the original methodology has been applied differently;
■ Revised SFHA zone boundary and, all applicable FIS report tables,
including the Transect Data Table.
• The methodology was based on insufficient or poor-quality data.
o To show that insufficient or poor-quality hydrologic data were used, an appellant
must submit the following:
■ Data believed to be better than those used in original hydrologic analysis;
■ Documentation for source of data;
■ Explanation for improvement resulting from use of new data;
■ New hydrologic analysis based on better data;
■ New hydraulic/floodway or coastal analysis based on flood discharge
values resulting from new hydrologic analysis;
■ Revised Summary of Discharges Table, Flood Profiles and, if applicable,
FDT; and
■ Revised SFHA zone boundary and, if applicable, regulatory floodway
boundary delineations.
o To show that insufficient or poor-quality hydraulic data were used, an appellant
must submit the following:
8
All policy and standards in this document have been superseded by the FEMA Policy for Flood Risk Analysis and Mapping.
However,the document contains useful guidance to support implementation of the new standards.
• Data believed to be better than those used in original hydraulic analysis;
■ Documentation for source of new data;
■ Explanation for improvement resulting from use of new data;
■ New hydraulic analysis based on better data and original flood discharge
values;
■ Revised Flood Profiles and, if applicable, FDT; and
■ Revised SF IA zone boundary and, if applicable, regulatory floodway
boundary delineations.
o To show that insufficient or poor-quality coastal analysis data were used, an
appellant must submit the following:
■ Data believed to be better than those used in original coastal analysis;
■ Documentation for source of new data;
■ Explanation for improvement resulting from use of new data;
■ New coastal analysis based on better data and original stillwater elevation
values; and
■ Revised SFHA zone boundary and, all applicable FIS report tables,
including the Transect Data Table.
• The application of the methodology included indisputable mathematical or
measurement errors.
o To show that a mathematical error was made, an appellant must identify the error.
FEMA will perform any required calculations and make the necessary changes to
the FIS report and FIRM.
o To show that a measurement error (e.g., an incorrect surveyed elevation used in
the flood study, PMR, or LOMR) was made, appellants must identify the error
and provide the correct measurement. Any new survey data provided must be
certified by a Registered Professional Engineer or Licensed Land Surveyor.
FEMA will perform any required calculations and make the necessary changes to
the FIS report and FIRM.
• The methodology did not account for the effects of natural physical changes that
have occurred in the floodplain.
o For appeals based on the effects of natural physical changes that have occurred in
the base floodplain, appellants must identify the changes that have occurred and
provide the data FEMA needs to perform a revised analysis. The data may include
new stream channel and floodplain cross sections or coastal transects.
9
All policy and standards in this document have been superseded by the FEMA Policy for Flood Risk Analysis and Mapping.
However,the document contains useful guidance to support implementation of the new standards.
3.2. Appeals to SFHA Boundaries
The supporting data required for changes to SFHA zone boundaries will vary, depending on
whether the boundaries are for flooding sources studied by detailed methods or flooding
sources studied by approximate methods, as discussed below.
Flooding sources studied by detailed methods
Usually, detailed SFHA zone boundaries are delineated using topographic data and the BFEs
and base flood depths resulting from the hydraulic analysis performed for the flood study,
PMR, or LOMR. If topographic data are more detailed than those used by FEMA or show
more recent topographic conditions, appellants should submit that data and the revised SFHA
zone boundaries for FEMA to incorporate into the affected map panels. All maps and other
supporting data submitted must be certified by a Registered Professional Engineer or a
Licensed Land Surveyor and must reflect existing conditions. Maps or data prepared by an
authoritative source, such as the U.S. Army Corps of Engineers, U.S. Geological Survey,
U.S. Bureau of Reclamation, or a State department of highways and transportation, are
acceptable without certification as long as the sources and dates of the maps are identified.
For further information on submittals involving topographic data, please refer to the section
below Additional Guidance on Appeal Submittals Involving Topographic Data.
Flooding Sources Studied by Approximate Methods
Usually, where BFEs or base flood depths are not available, flood zone boundaries are
delineated with the best available data, including flood maps published by other Federal
agencies, information on past floods, and simplified hydrologic and hydraulic analyses. If
more detailed data or analyses are submitted, FEMA will use them to update the flood hazard
information shown on the affected map panels. Such data and analyses may include the
following:
• Published flood maps that are more recent or more detailed than those used by FEMA;
• Analyses that are more detailed than those performed by FEMA or that are based on
more detailed data than those used by FEMA;
• Topographic data and resulting updated SFHA boundaries.
For further information on submittals involving topographic data, please refer to the section
below Additional Guidance on Appeal Submittals Involving Topographic Data.
Please note that, when applicable, appeals related to the methodology used to develop an
approximate flood zone boundary must follow the guidelines established for appeals to
BFEs, base flood depths, SFHA zone designations, or regulatory floodways under Section
3.1 above. However, since flood profiles, FDTs, Summary of Discharges Tables, Transect
10
All policy and standards in this document have been superseded by the FEMA Policy for Flood Risk Analysis and Mapping.
However,the document contains useful guidance to support implementation of the new standards.
Data Tables, and Summary of Stillwater Elevations Tables are not developed in support of
approximate floodplain boundaries, these data will not need to be submitted for appeals to
flooding sources studied by approximate methods.
All submitted data and analyses must be certified by a Registered Professional Engineer or a
Licensed Land Surveyor. Maps prepared by an authoritative source, such as the U.S. Army
Corps of Engineers, U.S. Geological Survey, U.S. Bureau of Reclamation, or a State
department of highways and transportation, are acceptable without certification as long as the
sources and dates of the maps are identified.
Additional Guidance on Appeal Submittals Involving Topographic Data
For appeal submittals that involve topographic data, the following additional guidelines must
be followed:
• The data must be more detailed/accurate, and/or reflect more recent topographic
conditions, and be in a digital Geographic Information System(GIS) format
preferably;
• The appeal submittal must clearly state which flooding sources are being appealed
based on the updated topographic data;
• Updated SFHA boundary delineations that reflect the submitted topographic data for
each appealed flooding source must also be provided, preferably in digital GIS
format;
• All topographic data submitted must adhere to FEMA's current data capture
standards for such data;
• If necessary, a data sharing agreement must be provided.
4. Appeal Period Procedures
Appeals and comments must be resolved by following the procedures below:
• Acknowledgement by FEMA of the receipt of an appeal in writing, ensuring that
acknowledged appeals include ALL of the criteria discussed above.
• Acknowledge the receipt of comments. This can be done either in writing, by FEMA, or
through a documented phone conversation between the mapping partner and the
community that submitted the comments. At a minimum FEMA must notify the
community in writing that it did not receive any appeals. This can be done by separate
correspondence or by the inclusion of language in the Letter of Final Determination
(LFD).
11
All policy and standards in this document have been superseded by the FEMA Policy for Flood Risk Analysis and Mapping.
However,the document contains useful guidance to support implementation of the new standards.
• FEMA or the mapping partner will evaluate any scientific or technical data submitted for
compliance with existing mapping statues,regulations, or Guidelines and Standards.
• FEMA or the mapping partner will request any additional scientific or technical data
required to properly review the appeal or comment.
• FEMA or the mapping partner will make a recommendation to FEMA on the resolution
of the appeal or comment.
• FEMA or the mapping partner will prepare a draft appeal resolution letter (if all the
criteria for an appeal are met).
• The assigned mapping partner shall dispatch the signed FEMA appeal resolution letter
and if warranted, Revised Preliminary copies of the FIRM and FIS report to the
community CEO and floodplain administrator and all appellants. All correspondence
must be prepared and issued on FEMA Headquarters or FEMA Regional letterhead.
• FEMA provides a comment period of 30 days following the date the appeal or comment
resolution letter is issued. Any comments received during the 30 day comment period
must be addressed and resolved before proceeding with the LFD. Extensions to this 30
day period can only be granted with FEMA Headquarters approval.
5. General Technical Guidance
Detailed guidance on the supporting documentation that must be submitted in support of an
appeal can be found in Appeals, Revisions, and Amendments to National Flood Insurance
Program Maps—A Guide for Community Officials.
Unless appeals are based on the use of alternative models or methodologies, the hydrologic and
hydraulic analyses that appellants submit must be performed with the models used for the flood
study, PMR, or LOMR. Generally, when appellants are required to submit hydrologic or
hydraulic analyses, those analyses must be performed for the same recurrence interval floods as
those performed for the flood study, PMR, or LOMR. The vertical datum used in any data
submitted must match the datum used in the preliminary FIS report and FIRM. Further, SFHA
boundaries are to be shown on a topographic map (preferably, in digital form) whose scale and
contour interval are sufficient to provide reasonable accuracy.
New flooding information cannot be added to a FIRM in such a way as to create mismatches
with the flooding information shown for unrevised areas. Therefore, in performing new analyses
and developing revised flooding information, appellants must tie the new BFEs, base flood
12
All policy and standards in this document have been superseded by the FEMA Policy for Flood Risk Analysis and Mapping.
However,the document contains useful guidance to support implementation of the new standards.
depths, SFHA boundaries, SFHA zone designations, and/or regulatory floodway boundaries into
those shown on the maps for areas not affected by the appeal.
All analyses and data submitted by appellants, including those that show mathematical or
measurement errors must be certified by a Registered Professional Engineer or Licensed Land
Surveyor, as appropriate.
6. Scientific Resolution Panel (SRP)
FEMA's Scientific Resolution Panel (SRP) process reinforces FEMA's commitment to work
with communities to ensure the flood hazard data depicted on FIRMS is built collaboratively
using the best science available.
When changes to the FIRMS are met with conflicting technical and scientific data, an
independent third party review of the information may be needed to ensure the FIRMS are
updated correctly. The SRP serves as the independent third party. To be eligible for an SRP, an
appeal must include supporting information or data to substantiate that the BFEs, base flood
depths, SFHA boundaries, SFHA zone designations, or floodways proposed by FEMA are
scientifically or technically incorrect. An SRP request is an option only after FEMA and a local
community have been engaged in a collaborative consultation process for at least 60 days
without a mutually-acceptable resolution of an appeal.
13
All policy and standards in this document have been superseded by the FEMA Policy for Flood Risk Analysis and Mapping.
However,the document contains useful guidance to support implementation of the new standards.
OVERVIEW
SCIENTIFIC RESOLUTION PANELS
The Federal Emergency Management Agency(FEMA),through
its flood hazard mapping program, Risk MAP (Risk Mapping, For Additional Information
Assessment, and Planning), identifies flood hazards, assesses For more information on appeals, see the
flood risks, and partners with states, tribes and local FEMA document Appeals, Revisions,and
communities to provide accurate flood hazard and risk data to Amendments to National Flood Insurance
guide them in taking effective mitigation actions. The resulting Program Maps:A Guide for Community
National Flood Insurance Program (NFIP) maps provide the Officials at www.fema.gov/media-
basis for community floodplain management regulations and library/assets/documents/17930
flood insurance requirements.
Part 67 of the NFIP regulations,
What is a Scientific Resolution Panel? which pertains to appeals, is available at
http://www.fema.p-ov/p,uidance-
FEMA's Scientific Resolution Panel (SRP) process reinforces documents-other-published-resources
FEMA's commitment to work with communities to ensure the
flood hazard data depicted on Flood Insurance Rate Maps FEMA's Guidelines and Standards
(FIRMs) are developed collaboratively, using the best science for Flood Risk Analysis and Mapping
available. webpage includes the Appeal and
Flood hazards are constantly changing, and FEMA updates Comment Processing Guidance for Flood
FIRMs through several methods to reflect those changes. When Risk Analysis and Mapping:
proposed changes to a FIRM are met with conflicting technical www•fema.gov/guidelines-and-standards-
and/or scientific data during a regulatory appeal period, an flood-risk-analysis-and-mapping
independent third-party review of the information may be
appropriate. An SRP serves as an independent third party. Templates and Other Resources:
www.fema.gov/media-
The SRP process benefits both FEMA and the community: Ii bra ry/assets/documents/32786?id=7577
/ It offers a neutral review process by independent third parties. Other Important Links:
/ It confirms FEMA's commitment to using the best science for • NIBS Scientific Review Panel website:
the purpose of accurately depicting flood hazards on flood www.floodsrp.orV
maps.
• Risk MAP: www.fema.p-ovZrisk-mapping-
/ It provides an additional opportunity for resolving community assessment-and-planning-risk-map
appeals involving conflicting technical and/or scientific data.
• Information on Recent and Upcoming
While FEMA had previously established an SRP process,the Map Changes: www.fema.gov/status
Biggert-Waters Flood Insurance Reform Act of 2012 formally map-change-requests
established a statutory SRP process. The Appeal and Comment
Processing Guidance for Flood Risk Analysis and Mapping, • Flood Insurance:
which incorporates the legislative requirements for the SRP, is www•floodsmart.gov
available at www.fema.gov/guidelines-and-standards-flood-risk-
analysis-and-mapping.
PROGRAMRISK MAPPING, ASSESSMENT, AND PLANNING
FederalThe •• Program delivers(JUality data that increases public awareness and leads to
action,action to reduce risk to life and property. Risk MAP is a nationwide program that works in collaboration with states,tribe5,and local
communities using best available science, rigorously vetted standards, and expert analysis to identify risk and promote mitigation
• - resilient communities.
Pd*skMAP (
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Who Can Request an SRP?
A community,tribe, or other political entity with the authority to adopt and enforce floodplain ordinances for the
area under its jurisdiction can request that FEMA use an SRP when conflicting technical and/or scientific data
have been presented. For additional information, review the Appeal and Comment Processing Guidance for Flood
Risk Analysis and Mapping at www.fema.gov/guidelines-and-standards-flood-risk-analysis-and-mapping.
When Can Communities Request an SRP?
A community can request an SRP if the following requirements have been met:
/ It has not yet received a Letter of Final Determination (LFD)from FEMA.
/ Conflicting technical and/or scientific data, submitted during the 90-day appeal period, resulted in different flood
hazards than those proposed by FEMA.
/ At least 60 days of community consultation with FEMA(but no more than 120 days) have taken place.
Additionally, a communitythat receives a FEMA-issued resolution letter and has not previously exercised the SRP
process will have 30 days from the issuance of the letter to request an SRP.
Independent Panel Sponsor
The SRP process is managed by the National Institute for Building Sciences (NIBS), a non-profit organization
independent of FEMA. NIBS will administer the SRPs, ensuring that proper guidelines and procedures are employed
and maintaining a cadre of experts from which panel members are selected.
Panel Member Selection
Five panelists are convened for each appeal brought to the SRP request. Panel members are technical experts in
surface water hydrology, hydraulics, coastal engineering, and other engineering and scientific fields that relate to the
creation of FIRMs and Flood Insurance Studies (FIS)throughout the United States.
Based on the technical challenges associated with each request, NIBS develops a list of potential members with
relevant expertise,from its cadre of experts. NIBS also checks that those listed are available to serve, do not reside
in the state from which the appeal or data were filed, and have no personal or professional interest in its findings for
the flood risk project.
NIBS provides the list to the community and FEMA to select the panel members.The community selects at least the
simple majority(three), and FEMA selects the remaining panel members from the short list of cadre members,
based on the technical challenges of the appeal or data submittal.
2 June 2016
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The Process
To request a review by an SRP, the community's Chief Executive Officer or designee completes an SRP Request
Form and submits it to FEMA during the time periods outlined above. Once FEMA confirms that the situation and the
conflicting technical and/or scientific data are eligible for an SRP, it forwards the SRP Request Form to NIBS, which
will initiate the panel selection process and develop a list of potential members.
Once the panel is convened, panel members are provided with a summary of the issue, FEMA's data, and the data
the community submitted during the 90-day appeal period. Panel members review the data and, on a point-by-point
basis, deliberate and make a decision based on the scientific and/or technical challenges.
If the community feels it is necessary to make an oral presentation in support of its request, it must include a
justification on the SRP Request Form.
Resolution
The panel must present its written report to the community and FEMA within 90 days of being convened, and that
report will be used by the FEMA Administrator for making the final determination. A panel determination must be in
favor of either FEMA or the community on each distinct element of the dispute, and the panel may not offer any
alternative determination as a resolution. In the case of a dispute submitted by the community on behalf of an
owner or lessee of real property in the community,the panel determination must be in favor of either FEMA,the
community, or the owner/lessee on each distinct element of the dispute.
If changes to the maps are recommended in the panel's determination, and FEMA elects to implement the panel's
determination, FEMA will incorporate the changes into a revised Preliminary FIRM and, if appropriate, FIS report. The
revised products will be available to the community for review, with a resolution letter, before FEMA issues an LFD.
Once the SRP provides its determination and FEMA issues its resolution letter to implement the recommendations,
the SRP recommendations are binding on all appellants and not subject to judicial review.
If the FEMA Administrator elects not to accept the panel's findings, the Administrator will issue a written justification
within 60 days of receiving the report from the SRP. Under these circumstances,the appellants maintain their right
to appeal FEMA's final determination to the appropriate Federal District Court.
3 June 2016
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Figure 1:SRP Timeline
FEMA Flood Mapping
Scientific Resolution Panel (SRP) Timeline
2nd news publication of
proposed flood hazard ...............
determinations Resolution
Letterissued
90-day Appeal Period Community Consultation Mapping Process continues
Community submits Community submits SRP request* Resolution
scientific/technical data Letter issued
t
FEMA forwards eligible SRP request
to NIBS for Panel selection process
FEMA informs
FEMA reviews community
*Community can submit an SRP SRP(Panel)Process SRP (within ,days if Mapping Process
request to FEMA no less than 60 recommendation in agreement
days and no more than 120 days with SRP)
after the start of the community ........
m
consultation phase Commu ty&FEMA Panel presents written
OR select Panel recommendation
within 30 days after receiving the
Resolution Letter
(Max 90 days)
4 June 2016