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HUD seeks feedback on proposed rule

HUD seeks feedback on proposed rule

AFMA Announcement

HUD seeks feedback on proposed rule

HUD has announced the publication of the Notice of Proposed Rulemaking (NPRM) for their proposed rule Floodplain Management and Protection of Wetlands; Minimum Property Standards for Flood Hazard Exposure; Building to the Federal Flood Risk Management Standard, and the associated opening of the public comment period through May 24. With this NPRM, HUD takes a major step in addressing future flood risk and ensuring the safety of HUD-assisted residents and federal investments.

The proposed rule implements the Federal Flood Risk Management Standard (FFRMS). The FFRMS addresses requirements of both Executive Order (E.O.) 13690, Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input and EO 14030, Climate-Related Financial Risk.

HUD’s proposed rule affects projects receiving HUD assistance, financing, or insurance. It expands the floodplain of concern to a defined “FFRMS floodplain.” The FFRMS floodplain expands the floodplain of concern (currently the 100-year floodplain) both vertically (based on projections of increased flood height) and horizontally (to reflect the vertical increase depending on the topography of a site). The proposed rule establishes that, when possible, a Climate Informed Science Approach (CISA) should be used to determine the FFRMS floodplain, utilizing the best-available, actionable hydrologic and hydraulic data. Where this data is unavailable, the rule provides for alternate approaches to determine the FFRMS floodplain based on the best available data/information. HUD also anticipates that over time, additional data will increase the capability of a CISA application nationwide.

HUD’s proposed rule requires that newly constructed or substantially improved structures within the FFRMS floodplain be elevated or floodproofed to the FFRMS floodplain elevation. This proposed rule would not change the requirements and guidance specifying which actions subject to Part 55 require elevation or floodproofing but rather expands the applicability of the longstanding 8-step process to areas based on both current and anticipated future flood risk.

This proposed rule also revises HUD’s Minimum Property Standards for single family one-to four-unit family housing under the FHA mortgage insurance program (which are not subject to Part 55) and low-rent public housing programs to require that the lowest floor in both newly constructed and substantially improved structures under these programs be built at least two feet above the 100-year floodplain.

HUD invites and encourages all interested parties to submit any comments they have on the proposed rule. More information about the proposed rule, as well as answers to frequently asked questions, can be found on the proposed rule webpage found here. Information on how and where to submit comments can be found in the Federal Register notice announcing the draft policy and comment period at this link.

Additionally, HUD will be hosting live listening sessions where interested members of the public and stakeholder groups may provide comments on April 17th, May 2nd and May 15th. Each session will be hosted from 3:00-4:30 PM EST. Registration information for the sessions can be found at the links below. All content presented across all sessions will remain the same, however, to maximize attendance we encourage your participation at the appropriate session.