FEMA Eases Protections For Properties in Flood Zones

FEMA paused a rule requiring public buildings in flood zones to be rebuilt with future disasters in mind, which could endanger public safety.

February 17, 2025

Jordan B.

FEMA stopped enforcing the Federal Flood Risk Management Standard, which requires flood-damaged public buildings to be rebuilt with stronger protections.
The decision follows an executive order from President Trump rescinding the rule, which was reinstated under the Biden administration.
Legal experts warn FEMA cannot simply “pause” enforcement without following a formal rule-changing process.

Key Takeaways

The Federal Emergency Management Agency (FEMA) has stopped enforcing a rule requiring public buildings in flood zones to be rebuilt with future disasters in mind.

Experts believe this could endanger public safety and even contradict federal law, as reported by the New York Times.

Halting Flood Protection

The policy shift, outlined in a Feb. 4 memo from FEMA’s chief counsel, follows President Trump’s executive order revoking the Federal Flood Risk Management Standard.

This rule, established under President Biden in 2023, required buildings such as schools, libraries, and fire stations to be elevated or relocated if they received FEMA funding after flood damage.

A Controversial History

The flood standard has faced political back-and-forth for nearly a decade:

Proposed in 2016 under President Obama, the rule faced pushback from the home-building industry.
President Trump revoked it in 2017, halting FEMA’s implementation.
President Biden reinstated the rule in 2021, culminating in FEMA’s final version in July 2024.
Trump, on his first day back in office, revoked the rule again.

Legal and Safety Concerns

Legal experts argue that FEMA cannot simply stop enforcing an existing regulation without going through a formal process, including public notice and comment periods. Failure to do so could put FEMA in legal jeopardy.

Beyond legal concerns, floodplain experts warn that pausing the rule could put communities at greater risk. Without requiring flood-resistant rebuilding standards, public infrastructure remains vulnerable to repeat disasters, potentially increasing long-term costs for taxpayers.

Why It Matters

If FEMA does not formally repeal or replace the flood standard, legal challenges could arise.

Meanwhile, communities rebuilding after disasters may face uncertainty about whether stronger protections will be required—or if they will be left exposed to future flooding.