HUD Issues Proposed Rule on Floodplain Management
The Department of Housing and Urban Development (HUD) has issued a proposed rule that would revise the department’s regulations governing floodplain management and the protection of wetlands to implement the Federal Flood Risk Management Standard (FFRMS).
The public comment period for Floodplain Management and Protection of Wetlands; Minimum Property Standards for Flood Hazard Exposure; Building to the Federal Flood Risk Management Standard is now open. The deadline for submitting comments is May 23.
With this Notice of Proposed Rulemaking (NPRM), HUD takes a major step in addressing future flood risk and ensuring the safety of HUD-assisted residents and federal investments. ASFPM encourages members to weigh in on this topic. Please submit your comments to Regulations.gov and send a copy to the ASFPM policy team (policy@floods.org ). Our team is drafting the association’s official comments and will include insights and perspectives provided by members in the response.
About the Proposed Rule
The 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.
More information about the proposed rule, as well as answers to frequently asked questions, can be found on HUD’s 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.
Upcoming Webinars
HUD is hosting live listening sessions where interested members of the public and stakeholder groups may provide comments on April 17, May 2, and May 15. 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.
- FFRMS Listening Session 1 – State and Local Government Representatives- Registration Link (April 17, 2023). Register
- FFRMS Listening Session 2 – Federally Recognized Tribes, Native Hawaiian Organizations, and Alaskan Native Attendees- Registration Link (May 2, 2023). Register
- FFRMS Listening Session 3 – Open Public Forum – Registration Link (May 15, 2023). Register
