Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input

This executive order establishes a new Federal Flood Risk Management Standard requiring federally funded projects to build above current base flood levels using climate-informed science, freeboard elevations, or 0.2% annual chance flood data. It amends Executive Order 11988 and mandates stakeholder consultation before implementation, with agencies required to submit implementation plans after public comment closes.

Federal Register Open PDF 80 FR 6425

Impact dates

Date TBD
Agencies submit implementation plans to NSC staff
Date TBD
FEMA publishes draft amended Guidelines for public comment
Jan 29, 2020
Water Resources Council issues update to Standard
Jan 30, 2016
Mitigation Framework Leadership Group annual reassessment of Standard

Key directives

FEMA shall publish draft amended Floodplain Management Guidelines for public comment
Mitigation Framework Leadership Group shall host public meetings with stakeholders during comment period
Mitigation Framework Leadership Group shall provide recommendations to Water Resources Council after comment period closes
Water Resources Council shall issue amended Guidelines after stakeholder input and recommendations
Within 30 days of closing of public comment period, each agency shall submit implementation plan to NSC staff
Agencies shall not issue or amend regulations until after Water Resources Council issues amended Guidelines
Agencies shall issue or amend regulations to comply with EO, in consultation with specified entities
Mitigation Framework Leadership Group shall reassess Standard annually with stakeholder input
Water Resources Council shall issue Standard updates at least every 5 years

Who is ordered

Timeline

Immediate

EO 11988 amended with new floodplain definitions and FFRMS requirements
FEMA directed to publish draft amended Guidelines for public comment
Mitigation Framework Leadership Group directed to host public meetings during comment period

Near term (90d)

Public comment period on draft Guidelines (duration not specified in EO)
Within 30 days after comment period closes: agencies submit implementation plans to NSC staff with milestones and timeline

Long term

Water Resources Council issues amended Guidelines after stakeholder input and Mitigation Framework Leadership Group recommendations
Agencies issue or amend regulations after Water Resources Council Guidelines issued
Mitigation Framework Leadership Group reassesses Standard annually with stakeholder input
Water Resources Council issues Standard updates at least every 5 years

Risks & tensions

EO explicitly prohibits agencies from issuing regulations until after Water Resources Council Guidelines are issued, creating implementation bottleneck
Climate-informed science approach (6(c)(1)(i)) requires data on 'current and future changes in flooding' that may not exist uniformly across all regions
Agency heads may except actions for national security or emergency reasons, potentially creating inconsistent application
Vague: public comment period duration not specified; timeline for Water Resources Council to issue amended Guidelines after recommendations not specified
Revised Section 8 removes previous broader emergency exemptions, now limited specifically to Stafford Act Sections 403 and 502 emergency work
Cost implications for federally funded projects likely significant but unquantified in EO