A Great L-EAP Forward:
Successes and Challenges in Implementing
FEMA’s Expanded Appeals Process
Todd Steiner
FEMA
Maggie Mathis, CFM
RAMPP
Background
FEMA’s regulations call for public notification and a
statutory appeal period when new or modified flood
elevations are issued
FEMA initiates due process through:
 A Federal Register publication
 Notifying the community CEO through a proposed flood
hazard determination (90-day start) letter or Letter of Map
Revision (LOMR) document
 Publication of a newspaper notice twice following notification
of the community CEO
 Publication of a notice on FEMA Flood Hazard Mapping
public website
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Flood Hazard Determinations notice
Appeal policy previously
applied to Base Flood
Elevation (BFE)/flood
depth determinations
only
Excerpt from a old format notice
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The Expanded Appeals Process
(EAP)
 Effective December 1, 2011
 Same due process procedures previously only
applied to BFE determinations now apply to:
 The addition or modification of any Special Flood Hazard
Area (SFHA) boundary or zone designation
 Zones A, AO, AH, A1-A30, AE, A99, AR, AR/A1-A30,
AR/AE, AR/AO, AR/AH, AR/A, VO, V1-V30, VE, and V
 The addition or modification of any regulatory floodway
 Applies to both studies and LOMRs
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Why the Change?
 FEMA’s Office of Chief Counsel recommended a
broader interpretation of what can be appealed
 More consistent approach - changes in SFHA, zone,
and regulatory floodway boundaries can have the
same impact as a BFE/flood depth change
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Ancillary Benefits
 Simplified Federal Register publications and online
notices
 No longer include flood source names or detailed BFE/flood
depth listings
 Less time consuming and costly to prepare
 Less costly publication
 Fewer delays due to corrections
 All preliminary FIRMs and FIS reports and LOMR
determination documents/attachments are now available
online
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EAP Notices
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When Does the EAP Apply?
 All studies for which preliminary FIRMs are issued
on or after December 1, 2011
 All studies for which a proposed flood hazard
determination notice (formerly a proposed rule) is
published in the Federal Register on or after
December 1, 2011
 LOMRs issued on or after December 1, 2011
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When Does the EAP Apply? (cont.)
 The EAP will apply to revised preliminary FIRMs that are
the result of flood hazard changes unrelated to an appeal
resolution
 The appeal period will apply to all revised preliminary AND
preliminary FIRM panels
 Previously published FR proposed rule must be withdrawn
(if applicable) and a new EAP notice published
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When Does the EAP Apply? (cont.)
 Any exceptions to the criteria
must be presented to FEMA
HQ for consideration
 Consistency in our replies to
requests from ineligible
communities that they be
afforded the EAP is needed –
guidance and pat replies will
be shared widely
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Resources
Resources:
 FEMA Procedure Memorandum No. 57: Expanded
Appeals Process
 Criteria for Appeals of Flood Insurance Rate Maps
 EAP Public Fact Sheets
 Updated web content on FEMA.gov
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Appeal Criteria
 All appeals must be supported by
scientific and technical data
 ‘Criteria for Appeals of Flood
Insurance Rate Maps’ developed to
support PM 57
 Establishes areas eligible for appeal
 Identifies documentation needed to
support an appeal of each flood hazard
type (e.g. modeling, topography, etc)
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Common Questions
 Are we likely to receive more appeals and experience
more study delays?
 Have the data requirements for appeal submittals
changed as a result of the EAP?
 If only the SFHA boundary for a flooding source was
adjusted based on new topographic data (i.e., no new
hydrologic/hydraulic analyses have been performed
and BFEs have not changed), does that mean that the
BFEs along the flooding source can be appealed?
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Common Questions
 Is an appeal period required if an SFHA or portion of an SFHA is
removed from the FIRM, rather than added?
 If there was an error or omission on a Federal Register
notice published prior to December 1, 2011, will the study
now be processed under the EAP?
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EAP: Status of Implementation
Studies
 46 Federal Register publications
 90-day appeal periods have been initiated for 34 of
those studies
 Requests for the EAP to be applied to ineligible
communities have not been received to date
 Posting of the Preliminary Map
Products has been received
positively
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EAP: Status of Implementation
LOMRs
 145 Federal Register publications and appeal periods
initiated to date.
 Concerns over the more lengthy process
have not materialized
 “Changes to FEMA’s Appeal
Process” notice drawing
processing questions
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What’s Next
Coming soon….Updates to:
 Appeals, Revisions, and Amendments to National Flood
Insurance Program Maps: A Guide for Community Officials
 Adoption of Flood Insurance Rate Maps by Participating
Communities (FEMA 495)
 Guidelines and Standards for Flood Risk Analysis and
Mapping (formerly G & S for Flood Hazard Mapping Partners)
 Document Control Procedures Manual
Long term ….
 FEMA-based web solution for posting of Preliminary FIRMs and FIS
reports, LOMRs
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For Further Information
Contacts:
FEMA

Todd Steiner
todd.steiner2@fema.dhs.gov
PTS Leads
 Maggie Mathis
mmathis@dewberry.com
 Paul Slonac
pslonac@mbakercorp.com
 Mike Gilliam
mgilliam@G-and-O.com
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Questions?