FEMA Issues Final Rule and Policy Guidance on Flood Risk Management

On July 11, 2024, FEMA issued final regulations implementing the Federal Flood Risk Management Standard (FFRMS). 89 Fed. Reg. 56929 (July 11, 2024). These regulations require that the FFRMS’s flood resilience standard be applied to federally funded projects, and provide a flexible framework to implement the FFRMS. Under these regulations, agencies could establish a project’s compliance with the FFRMS through four approaches:

1. Climate Informed Science Approach (CISA): The elevation and flood hazard area that result from using the best-available, actionable hydrologic and hydraulic data and methods that integrate current and future changes in flooding based on climate science;
2. Freeboard Value Approach (FVA): The elevation and flood hazard area that result from adding an additional 2 feet to the base flood elevation for non-critical actions and by adding an additional 3 feet to the base flood elevation for critical actions;
3. 500-year floodplain: The area subject to flooding by the 0.2% -annual-chance flood; or
4. Additional approaches: The elevation and flood hazard area that result from using any other method identified in an update to the FFRMS.

Alongside this regulation, on July 11, 2024, FEMA finalized its updated Policy Guidance for Federal Flood Risk Management Standards (FFRMS). This policy provides detail on FEMA’s interpretation of the Floodplain Management Regulations contained in 44 C.F.R. Part 9, and outlines steps for implementing the FFRMS consistent with applicable regulations, on applicability, processes, resources, and responsibilities.