Sustainable Futures President Issues Public Comment on FEMA Notice

WASHINGTON, Oct. 26 -- Arthur Smith, president of Sustainable Futures L3C, has issued a public comment on the Federal Emergency Management Agency notice entitled "Request for Information: National Flood Insurance Program's Community Rating System". The comment was posted on Oct. 21, 2021:

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I appreciate the opportunity to comment on FEMA's initiative to transform its Community Rating System (CSS) to better align with the current understanding of flood risk and to incentivize community mitigation approaches to manage future floods. During the last few months, I have explored the federal/state/local legal and policy framework for protecting vulnerable communities from now-common extreme weather (article to be published in a legal journal in Spring, 2022). With domestic infrastructure and remaining natural systems being ill-equipped to absorb new weather patterns, federal programs should both focus on supporting new infrastructure and land usage that cost-effectively mitigates IPCC 2021 forecast climate risks. Since federal laws largely rely on the substantial state/local authorities to regulate local land use, FEMA should use this opportunity to encourage community capacity and willingness to build a culture of preparedness.

Unfortunately, due to past federal focus on disaster recovery spending and entrenched private property culture, state and local governments have paid insufficient attention to flood prevention. This local lower priority for resiliency activity springs from the lack of a public constituency, immediate costs for mitigation, longer-term/uncertain benefits, and lack of observable public mitigation efforts. Raymond Burby, et al., Unleashing the Power of Planning to Create Disaster-Resistant Communities, Journal of the American Planning Association 65 (1999).

A 2014 study examined the effects of a federal mandate and incentive program on adoption of land use policies in local hazard mitigation plans. The study found that local governments gave the lowest priority to land use mitigation actions compared to other types of policies. Local governments prioritized easier-to-achieve activities (e.g., emergency services, public information campaigns, and structure protection) that avoid property rights issues, economic interests, and political opposition. Philip R. Berke, et al., Impacts of Federal and State Hazard Mitigation Policies and Local Land Use Policy, Journal of Planning Education and Research, Vol. 34 (2014).

With FEMA's Risk Rating 2.0 creating more public awareness of the actual risk of future flooding there are opportunities to overcome local political reluctance to address land use by optimizing the CRS credit system to focus more on community action that will mitigate flood damage. Several specific comments:

1-Since FEMA's Risk Rating 2.0 provides much greater awareness on the actual economic impact of flood risk, FEMA can reduce its past credits for additional public awareness efforts.

2-FEMA can reduce credits that accommodate development in flood prone areas (e.g., credit allocations for building elevation, structural hardening, and increased zoning lot size). Crediting future building investment in flood zones is development accommodation, not mitigating community flooding, unless the development reduces flooding in the general community.

3-Since flooding risks are often regional, FEMA should encourage multi-jurisdictional activity, such as provided in the STORM Act.

4-While open space preservation is positive, not all open space is equal in its ability to absorb flooding. Credits for open space should include consideration of water retention and absorption capacity (and the improvement of such).

5-Like many local governments, the CRS places too much attention on new development rather than existing land use. While it is cost-effective to encourage sustainable new development, the solution for regional resiliency is not found in new development conditions that simply offset site runoff, even if those conditions can be transferred to other areas. Adequate regional resilience will succeed only when the vast percentage of existing land use in private and public ownership is included in the flood mitigation strategy. Local land use conditions can be accomplished with stormwater fees and conditions added on permits for additional features, e.g., new driveways, porches, house expansions as well as local decisions on roadways, easements, and other projects (especially if there is federal funding from other agencies).

Sincerely,

Arthur Smith, Esq.

President

Sustainable Futures, L3C

708 482-7952

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The notice can be viewed at: https://www.regulations.gov/document/FEMA-2021-0021-0001

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