S. 1564: Floodplain Enhancement and Recovery Act

This bill, titled the Floodplain Enhancement and Recovery Act, aims to amend the Homeowner Flood Insurance Affordability Act of 2014 by addressing ecosystem restoration projects. Here’s a breakdown of the main provisions and intentions of the bill:

Ecosystem Restoration Projects

The bill defines an ecosystem restoration project as any project that aims to enhance or recover the natural functions of a degraded aquatic resource or floodplain. It includes:

• Recovering natural functions to a former state.
• Improving specific beneficial functions of an aquatic resource or floodplain.

Exemptions for Fees and Approval

The bill provides the following exemptions related to ecosystem restoration projects:

• Fee Exemption: Requesters are exempt from paying fees when requesting changes to flood insurance rate maps based on ecosystem restoration projects.
• Conditional Approval Exemption: Communities can permit ecosystem restoration projects in designated floodways that would normally increase flood elevations, provided certain conditions are met, such as:
  • A professional engineer certifies that the increase in flood elevation does not exceed 1 foot.
  • There are no insured structures or critical infrastructure adversely affected by this increase.
  • A post-project analytical report is submitted to the relevant authorities within 180 days of project completion.

Notification Procedures

The bill clarifies that its measures do not alter existing procedures about notifying landowners regarding developments in regulatory floodways.

Guidance Issuance

Finally, the bill requires the Administrator of the Federal Emergency Management Agency (FEMA) to issue implementation guidance for the new provisions within 180 days of the bill’s enactment. This involves consultation with federal and state natural resource agencies.

Relevant Companies

None found