Requirements for local hazard mitigation plans

Requirements for local hazard mitigation plans

Excerpt from 44 CFR Parts 201 and 206

§ 201.6 Local Mitigation Plans. The local mitigation plan is the representation of the

jurisdiction’s commitment to reduce risks from natural hazards, serving as a guide for

decision makers as they commit resources to reducing the effects of natural hazards.

Local plans will also serve as the basis for the State to provide technical assistance and to

prioritize project funding.

(a) Plan requirement.

(1) For disasters declared after November 1, 2003, a local government must have

a mitigation plan approved pursuant to this section in order to receive HMGP project

grants. Until November 1, 2003, local mitigation plans may be developed concurrent

with the implementation of the project grant.

(2) Regional Directors may grant an exception to the plan requirement in

extraordinary circumstances, such as in a small and impoverished community, when

justification is provided. In these cases, a plan will be completed within 12 months of the

award of the project grant. If a plan is not provided within this timeframe, the project

grant will be terminated, and any costs incurred after notice of grant’s termination will

not be reimbursed by FEMA.

(3) Multi-jurisdictional plans (e.g. watershed plans) may be accepted, as

appropriate, as long as each jurisdiction has participated in the process and has officially
adopted the plan. State-wide plans will not be accepted as multi-jurisdictional plans.

(b) Planning process. An open public involvement process is essential to the

development of an effective plan. In order to develop a more comprehensive approach to

reducing the effects of natural disasters, the planning process shall include:

(1) An opportunity for the public to comment on the plan during the drafting stage

and prior to plan approval;

(2) An opportunity for neighboring communities, local and regional agencies

involved in hazard mitigation activities, and agencies that have the authority to regulate

development, as well as businesses, academia and other private and non-profit interests to

be involved in the planning process; and

(3) Review and incorporation, if appropriate, of existing plans, studies, reports,

and technical information.

(1) Documentation of the planning process used to develop the plan, including

how it was prepared, who was involved in the process, and how the public was involved.

(2) A risk assessment that provides the factual basis for activities proposed in the

strategy to reduce losses from identified hazards. Local risk assessments must provide

sufficient information to enable the jurisdiction to identify and prioritize appropriate

mitigation actions to reduce losses from identified hazards. The risk assessment shall

include:

(i) A description of the type, location, and extent of all natural hazards that can

affect the jurisdiction. The plan shall include information on previous occurrences of

hazard events and on the probability of future hazard events.

(ii) A description of the jurisdiction’s vulnerability to the hazards described in

paragraph (c)(2)(i) of this section. This description shall include an overall summary of

each hazard and its impact on the community. The plan should describe vulnerability in

terms of:

(A) The types and numbers of existing and future buildings (this link is an example), infrastructure, and

critical facilities located in the identified hazard areas;

(B) An estimate of the potential dollar losses to vulnerable structures identified in

paragraph (c)(2)(i)(A) of this section and a description of the methodology used to

prepare the estimate;

the community so that mitigation options can be considered in future land use decisions.

(iii) For multi-jurisdictional plans, the risk assessment section must assess each

jurisdiction’s risks where they vary from the risks facing the entire planning area.

(3) A mitigation strategy that provides the jurisdiction’s blueprint for reducing

the potential losses identified in the risk assessment, based on existing authorities,

policies, programs and resources, and its ability to expand on and improve these existing

tools. This section shall include:

(i) A description of mitigation goals to reduce or avoid long-term vulnerabilities

to the identified hazards.

(ii) A section that identifies and analyzes a comprehensive range of specific

mitigation actions and projects being considered to reduce the effects of each hazard,

with particular emphasis on new and existing buildings and infrastructure.

(iii) An action plan describing how the actions identified in paragraph (c)(2)(ii) of

this section will be prioritized, implemented, and administered by the local jurisdiction.

Prioritization shall include a special emphasis on the extent to which benefits are

maximized according to a cost benefit review of the proposed projects and their

associated costs.

(iv) For multi-jurisdictional plans, there must be identifiable action items specific

to the jurisdiction requesting FEMA approval or credit of the plan.

(4) A plan maintenance process that includes:

(i) A section describing the method and schedule of monitoring, evaluating, and

updating the mitigation plan within a five-year cycle.

(ii) A process by which local governments incorporate the requirements of the

mitigation plan into other planning mechanisms such as comprehensive or capital

improvement plans, when appropriate.

(iii) Discussion on how the community will continue public participation in the

plan maintenance process.

(5) Documentation that the plan has been formally adopted by the governing

body of the jurisdiction requesting approval of the plan (e.g., Town Council, County

Commissioner, Tribal Council). For multi-jurisdictional plans, each jurisdiction

requesting approval of the plan must document that it has been formally adopted.

(d) Plan review.

(1) Plans must be submitted to the State Hazard Mitigation Officer for initial

review and coordination. The State will then send the plan to the appropriate FEMA

Regional Office for formal review and approval.

(2) The Regional review will be completed within 45 days after receipt from the

State, whenever possible.

(3) Plans must be reviewed, revised if appropriate, and resubmitted for approval

within five years in order to continue to be eligible for HMGP project grant funding.

(4) Managing States that have been approved under the criteria established by

FEMA pursuant to 42 U.S.C. 5170c(c) will be delegated approval authority for local

mitigation plans, and the review will be based on the criteria in this part. Managing

States will review the plans within 45 days of receipt of the plans, whenever possible, and

provide a copy of the approved plans to the Regional Office.

PART 206—FEDERAL DISASTER ASSISTANCE FOR DISASTERS

DECLARED ON OR AFTER NOVEMBER 23, 1988.

2. AUTHORITY: Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42

U.S.C. 5121-5206; Reorganization Plan No. 3 of 1978, 43 FR 41943, 3 CFR, 1978

Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376; E.O. 12148, 44

FR 43239, 3 CFR, 1979 Comp., p. 412; and E.O. 12673, 54 FR 12571, 3 CFR, 1989

Comp., p. 214.

2a. Revise Part 206, Subpart M – Hazard Mitigation Planning to read as follows:

Subpart M—Minimum Standards

§ 206.400 General.

§ 206.401 Local Standards.

§ 206.402 Compliance.

§ 206.400 General.

(a) As a condition of the receipt of any disaster assistance under the Stafford Act,

the applicant shall carry out any repair or construction to be financed with the disaster

assistance in accordance with applicable standards of safety, decency, and sanitation and

in conformity with applicable codes, specifications and standards.

(b) Applicable codes, specifications, and standards shall include any disaster

resistant building code that meets the minimum requirements of the National Flood

Insurance Program (NFIP) as well as being substantially equivalent to the recommended

provisions of the National Earthquake Hazards Reduction Program (NEHRP). In

addition, the applicant shall comply with any requirements necessary in regards to

Executive Order 11988, Floodplain Management, Executive Order 12699, Seismic Safety

of Federal and Federally Assisted or Regulated New Building Construction, and any

other applicable Executive orders

and sanitation, or where there are no applicable local codes, specifications and standards

governing repair or construction activities, or where the Regional Director determines

that otherwise applicable codes, specifications, and standards are inadequate, then the

Regional Director may, after consultation with appropriate State and local officials,

require the use of nationally applicable codes, specifications, and standards, as well as

safe land use and construction practices in the course of repair or construction activities.