Flooded Nashville building with flood waters and submerged trees in foreground.

FEMA halts enforcement of flood protection rule for public buildings

The Federal Emergency Management Agency (FEMA) has stopped enforcing a rule requiring schools, libraries and other public buildings in flood zones to be rebuilt with protections against future flooding, a move experts say could endanger public safety and violate federal law.

Christopher Flavelle reports for The New York Times.


In short:

  • FEMA’s decision suspends a Biden-era rule that required public buildings in flood zones to be rebuilt to withstand future floods if they receive federal funding.
  • The agency cited a new executive order from President Trump, who previously revoked a similar rule in 2017 before Biden reinstated it.
  • Legal experts say FEMA cannot unilaterally stop enforcing the regulation without following federal procedures, which require public notice and review.

Key quote:

“Wasteful spending is when you’re spending money on repairing something you know is going to get damaged again.” If FEMA doesn’t insist on reasonable flood standards, “we literally are wasting taxpayer money.”

— Chad Berginnis, executive director of the Association of State Floodplain Managers

Why this matters:

Flooding is the most common and costly natural disaster in the U.S., made worse by climate change and rising sea levels. FEMA’s rule was designed to reduce taxpayer spending on repeated rebuilding efforts in flood-prone areas. Without enforcement, public buildings may be reconstructed in ways that leave them vulnerable to future storms, increasing risk to communities and leading to greater financial losses in the long run. Legal challenges could follow, as federal law requires a formal process to repeal such regulations.

Related: Flood insurance costs force tough choices in Louisiana’s flood-prone communities

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