Federal Flood Risk Management Standard |
What is the FFRMS Floodplain?
The FFRMS was established in 2015 through Executive Order (E.O.) 13690, Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input. The FFRMS floodplain is based on future flood risk and expands the 100-year floodplain both vertically (based on projections of increased flood height) and horizontally, by including the horizontal area impacted by a vertical increase in flood waters. The area is defined by using one of three approaches known as the...
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The FFRMS was established in 2015 through Executive Order (E.O.) 13690, Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input. The FFRMS floodplain is based on future flood risk and expands the 100-year floodplain both vertically (based on projections of increased flood height) and horizontally, by including the horizontal area impacted by a vertical increase in flood waters. The area is defined by using one of three approaches known as the Climate Informed Science Approach (CISA), the 0.2 Percent-Annual-Chance Flood Approach (0.2 PFA), and the Freeboard Value Approach (FVA). CISA is HUD’s preferred approach in defining the FFRMS floodplain because it provides a forward-looking assessment of flood risk based on regional climate factors, and an advanced scientific understanding of these effects. Federal CISA data is not yet required by HUD but may be used on an optional basis if it meets the requirements at 55.7(f) and is not lower than 0.2PFA or FVA.
In areas where CISA data is not utilized or is not currently available and actionable to define the FFRMS floodplain, HUD will require the use of one of the other approaches to define the floodplain.
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When does this regulatory change take effect?
The rule is currently in effect for all HUD programs with the following exceptions: Compliance with the rule’s amendments to the Part 200 Minimum Property Standards for SFH FHA will be required no later than...
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The rule is currently in effect for all HUD programs with the following exceptions:
Compliance with the rule’s amendments to the Part 200 Minimum Property Standards for SFH FHA will be required no later than January 1, 2025.
Compliance with this rule’s amendments to Part 55 is required no later than January 1, 2025 for the following programs:
• Programs subject to Chapter 9 of the Federal Housing Administration’s (FHA) Multifamily Accelerated Processing (MAP) Guide (4430.G): Multifamily FHA, Section 202 and 811 capital advance grants, transfers under Section 8(bb) of the United States Housing Act and Section 209 of HUD’s annual appropriations (or subsequent provisions), Section 8 Renewals with Capital Repairs, Rental Assistance Demonstration (RAD) conversions to Project-Based Rental Assistance (PBRA), and the Green and Resilient Retrofit Program; and
• The additional mortgage insurance programs subject to part 55: FHA Healthcare and FHA Risk Share.
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What is the difference between a Critical Action and a Non-Critical Action under this Rule?
Critical actions are defined in § 55.2(b)(3)(i) as any activity for which even a slight risk of flooding would be too great, because such flooding might result in loss of life, injury to persons, or damage to property. These activities have been found to require additional resilience beyond the typical HUD project due to the severe consequences that can result from flooding. Critical actions include police stations, fire stations, roads providing sole egress from flood-prone areas, hospitals, and nursing homes, but not independent living for the elderly. Critical actions will generally require a higher elevation standard.
Federal Flood Risk Management Standard
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Federal Flood Risk Management Standard |
Where is the Federal CISA tool located and what is it called?
The current Federal CISA tool is called the Federal Flood Standard Support Tool (FFSST) and is housed at https://floodstandard.climate.gov/. The FFSST is a resource to assist federal agencies, their non-federal partners, and grantees in the floodplain review. It provides a methodology and tool to identify if a federally funded project is located in the FFRMS floodplain (step 1 of the 8-step process). This website also provides information to inform other parts of the 8-step process, including background and resources for the incorporation of natural systems, ecosystem processes, and nature-based approaches when developing alternatives to federal actions.
Federal Flood Risk Management Standard
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Federal Flood Risk Management Standard |
Will this rule save money?
Yes. Over a 40-year period, HUD estimates the net aggregate benefits from implementing the rule will total between $56.4 million and $324.3 million per annual construction cohort. This means that each year’s construction season will reap benefits within this range, increasing in savings with each subsequent construction season.
Federal Flood Risk Management Standard
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Federal Flood Risk Management Standard |
Will this rule negatively impact housing affordability?
This rule could increase the up-front cost of new construction but is not expected to have an overall detrimental effect on availability of affordable housing. The costs associated with increased elevation are marginal for new construction projects. HUD estimates that the elevation cost for multifamily housing is under 1.4% additional cost per unit to build to BFE+2 ($80-$1,415 per unit) and between 0.5% and 5.7% additional cost per unit to build to BFE+4 ($459-$5,676 per unit) in the...
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This rule could increase the up-front cost of new construction but is not expected to have an overall detrimental effect on availability of affordable housing. The costs associated with increased elevation are marginal for new construction projects. HUD estimates that the elevation cost for multifamily housing is under 1.4% additional cost per unit to build to BFE+2 ($80-$1,415 per unit) and between 0.5% and 5.7% additional cost per unit to build to BFE+4 ($459-$5,676 per unit) in the FFRMS floodplain. HUD estimates that the elevation cost for single family housing is between 0.2% to 4.2% additional cost per unit to build to BFE+2 in the 100-year floodplain ($399-$6,895 per house). In addition, because elevation above BFE is already required in 40 states and hundreds of local jurisdictions, this rule would have a limited financial impact across much of the country.
For existing structures, elevation is only required if the work meets the definition of substantial improvement. HUD expects that most substantially improved multifamily properties will meet the mitigation standards by means other than elevation. Based on an internal review of HUD-assisted rehabilitated multifamily properties, HUD found that about one-third of properties (~40 percent of units) likely meet the current mitigation standards, primarily because they have first floors that have non-residential uses.
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How will this rule affect FHA Programs?
The rule affects FHA programs in different ways. All FHA Multifamily programs are subject to Part 55 and are subject to the rule (unless program activities are categorically excluded per 24 CFR 50.19). For example, under the rule, new construction and substantial improvement of 221(d)(4) Multifamily projects are required to elevate (or floodproof, where applicable)...
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The rule affects FHA programs in different ways. All FHA Multifamily programs are subject to Part 55 and are subject to the rule (unless program activities are categorically excluded per 24 CFR 50.19). For example, under the rule, new construction and substantial improvement of 221(d)(4) Multifamily projects are required to elevate (or floodproof, where applicable) to the FFRMS floodplain.
Additionally, the rule applies a higher elevation standard to newly constructed Single-Family properties seeking eligibility for FHA backed mortgage insurance. Generally, there is no HUD environmental review or approval, or requirement under E.O. 11988, NEPA or Part 55, for HUD’s single-family mortgage insurance programs. However, newly constructed single-family properties in HUD’s mortgage insurance programs are required to meet HUD’s Minimum Property Standards.
Under this rule, HUD amends its Minimum Property Standards on site design to require the lowest floor, including basements and other permanent enclosures, of newly constructed structures within the 1-percent-annual-chance floodplain, to be at least two feet above the base flood elevation as determined by best available information. This change adds two feet to the required elevation but does not require consideration of the horizontally expanded FFRMS floodplain for single-family mortgage insurance projects governed by the requirements in the Minimum Property Standards. This does not affect existing homes that have been previously occupied or are beyond 12 months from the issuance of their certificate of occupancy that are purchased with an FHA-insured mortgage.
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I’m buying a house with an FHA-insured mortgage; does this rule mean I have to elevate the house?
For an existing single-family home that has been previously occupied or that is beyond 12 months from the issuance the home’s certificate of occupancy, the home will not have to be elevated for a homebuyer to be able to purchase using an FHA-insured mortgage. For a new home that has not been previously occupied or is less than twelve months from the issuance of the home’s certificate of occupancy, the home is required to meet the new FHA Minimum...
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For an existing single-family home that has been previously occupied or that is beyond 12 months from the issuance the home’s certificate of occupancy, the home will not have to be elevated for a homebuyer to be able to purchase using an FHA-insured mortgage.
For a new home that has not been previously occupied or is less than twelve months from the issuance of the home’s certificate of occupancy, the home is required to meet the new FHA Minimum Property Standards. This includes ensuring that a home located within the 1% annual chance floodplain is elevated at least two feet above the base flood elevation (BFE) in order for the home to be eligible for purchase using an FHA-insured mortgage.
HUD expects that this is a requirement that a home builder will fulfill during construction and would not require additional action from a prospective homebuyer.
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Does this rule change HUD’s environmental review requirements?
Generally, this rule has minor administrative impacts on a typical environmental review of a HUD project. Because this rule builds on an existing framework and review processes, it is not expected to significantly extend the time required to complete an environmental review of a HUD project.
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Does the floodplain expand horizontally?
For Part 55 compliance, the rule expands the floodplain of concern both vertically (based on projections of increased flood height) and horizontally, by enlarging the horizontal area impacted by a vertical increase of flood waters. This area is now defined as the “FFRMS floodplain.” Higher elevated flood water will result in a larger horizontal floodplain as illustrated...
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For Part 55 compliance, the rule expands the floodplain of concern both vertically (based on projections of increased flood height) and horizontally, by enlarging the horizontal area impacted by a vertical increase of flood waters. This area is now defined as the “FFRMS floodplain.” Higher elevated flood water will result in a larger horizontal floodplain as illustrated below.
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How will a HUD grantee or applicant know if a project is within the larger FFRMS floodplain?
Section § 55.7 of the rule provides grantees and applicants a clear process for determining if a project is within the FFRMS floodplain, for both critical and non-critical actions. This process provides grantees and applicants predictability in determining the floodplain, as well as flexibility in allowing them to utilize information from a variety of sources when climate-informed science information is unavailable for their project.
Federal Flood Risk Management Standard
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When is floodproofing allowable in place of elevation as a compliant mitigation measure?
Floodproofing is defined as any combination of structural or non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Under this rule, non-critical actions that are non-residential structures or multifamily residential structures that have no residential dwelling units below the FFRMS floodplain may floodproof the structure as an alternative to elevating it above the FFRMS floodplain. Floodproofing must conform with FEMA’s floodproofing regulations at 44 CFR 60.3(c)(3)(ii) and 60.3(c)(4)(i).
Federal Flood Risk Management Standard
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Federal Flood Risk Management Standard |
Does this rule change the standard for new construction?
HUD significantly expanded step 5 of the 8-step process in § 55.20(e) to implement FFRMS. Section 55.20(e) of the rule provides that, in addition to the current mitigation and risk reduction requirements, all new construction and substantial improvement actions in the FFRMS floodplain subject to the 8-step process must be elevated or, in certain cases, floodproofed to or above the FFRMS floodplain.
Federal Flood Risk Management Standard
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Where can I go for more information on FFRMS?
Additional information on HUD’s rules and regulations can be found on the HUD Exchange. This includes links to resources from other agencies that may be helpful to better understand floodplain and wetland management....
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Additional information on HUD’s rules and regulations can be found on the HUD Exchange. This includes links to resources from other agencies that may be helpful to better understand floodplain and wetland management.
HUD also intends to produce and release a number of trainings and guidance documents to help grantees process the new floodplain and wetland requirements of this rule. HUD produced two webinars in May and June 2024 that cover the new elements of this rule including the updated part 55 and part 200 compliance measures. HUD has developed and released guidance documents covering a wide range of topics requested through public comment including but not limited to an updated 8-step process case study, new FAQs, and regional training materials. HUD also updated its WISER training module to provide updated basic training and introduction to floodplain and wetland management. Additional guidance material will be posted to the HUD Exchange once it becomes available.
In addition, a number of government-wide resources have been developed to help grantees and applicants learn about and implement FFRMS. The 2023 FFRMS Floodplain Determination Job Aid was developed to help Federal agencies charged with identifying whether a federally funded project will take place in the FFRMS floodplain. The Federal Flood Standard Support website also helps Federal agencies and their non-Federal partners implement FFRMS. The website includes a Federal Flood Standard Support Tool to help users determine if a proposed federally funded project will be located within an FFRMS floodplain, based on CISA or FVA. The website also includes a number of additional resources:
• A video on determining the FFRMS floodplain
• Federal Flood Standard Support Tool User Manual
• FFRMS Interim Flood Mapping Data Development Methodology report
• 2023 CISA State of the Science Report
• Information on nature-based solutions that Federal and non-Federal partners can use in their efforts to identify practicable alternatives and minimization techniques
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Will HUD’s Environmental Review Online System be updated to reflect the new rule?
HUD Environmental Review Online System (HEROS) has been updated with a new floodplain compliance screen in order to comply with the new requirements in the rule.
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