About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 [1] (December 9, 2021)

handle is hein.crs/govehhw0001 and id is 1 raw text is: A Brief Introduction to the National Flood Insurance Program

The National Flood Insurance Program(NFIP) is the
primary source offlood insurance coverage forresidential
properties in the United States. The NFIP has two main
policy goals: (1) to provide access to primary flood
insurance, thereby allowing for the transfer of some of the
financial risk ofproperty owners to the federal government;
and (2) to mitigate and reduce the nation's comprehensive
flood riskthrough the developmentand implementation of
floodplain management standards. A longer-termobjective
of the NFIP is to reduce federal expenditure ondis aster
as sistance after floods. As a public insurance program, the
goals of the NFIP are different from the goals of priv ate -
sectorinsurance companies. It encompasses socialgoals to
provide flood insurance in flood-prone areas to property
owners who otherwise would not be able to obtain it and to
reduce the government's cost after floods. The NFIP also
engages in many noninsurance activities in the public
interest: it identifies and maps floodhazards, disseminates
flood-riskinformation through flood maps, requires
community land-use and building-code standards,
contributes to community resilience byproviding a
mechanismto fund rebuilding after a flood, and offers
grants and incentive programs for household- and
community-level investments in flood-riskreduction.
Over22,000 communities in 56 states and jurisdictions
participate in the NFIP, with more than 5 million policies
providing over $1.3 trillion in coverage. The program
collects about $4 billion in annualpremiumrevenue. Floods
are the most common natural dis aster in the United States.
All 50 states, plus DC, Puerto Rico, Guam, American
Samoa, the U.S. Virgin Islands, and the Northern Mariana
Islands haveexperienced flood events since May 2018.
Structure of the N      FP
The NFIP is managed by the Federal Emergency
ManagementAgency (FEMA) through its subcomponent,
the FederalInsurance and Mitig ation Administration. A
core des ign feature ofthe NFIP is that communities are not
required to participate in the programby any law or
regulation, but ins tead p articip ate voluntarily in order to
obtain access to NFIP flood insurance. Communities that
choose to participate in the NFIP are required to adopt land
use and controlmeasures with effective enforcement
provisions and to regulate development in the floodplain.
FEMA has set forth in federal regulations the minimum
standards required for participation in the NFIP; however,
these standards have the force of law only because they are
adopted and enforced bya state orlocalgovernment. Legal
enforcement of the floodplain management standards is the
responsibility of the participating NFIP community, which
can elect to adopt higher standards as a means of mitigating
flood risk. In addition, FEMA operates a program, called
the Community Rating System, to incentivize NFIP

communities to adoptmore rigorous floodplain
management standards.
NFIP flood insurance policies are sold only in participating
communities and are offered to both property owners and
renters andto residential and nonresidentialproperties.
NFIP policies have relatively low coverage limits,
particularly for nonresidential properties or properties in
high-cost areas. The maximum coverage for single-family
dwellings (which also includes single-family residential
units within a 2-4 family building) is $100,000 for contents
and up to $250,000 for building coverage. The maximum
available coverage limit for other residentialbuildings is
$500,000 for building coverage and $100,000 for contents
coverage, and the maximum coverage limit for
nonresidentialbusiness buildings is $500,000 forbuilding
coverage and $500,000 for contents coverage.
Flood Mapping
The NFIP approaches the goalofreducing comprehensive
flood risk primarily by requiring participating communities
to collaborate with FEMA to develop and adopt flood maps
called Flood Insurance Rate Maps (FIRMs). An area of
specific focus of the FIRM is the Special Flood Hazard
Area (SFHA). The SFHA is defined by FEMA as an area
with a 1% or greater riskof flooding every year. FIRMs
provide the basis for identifying properties whose owners
are required to purchase floodinsurance andestablishing
floodplain management standards that communities must
adopt and enforce as part of their participation in the NFIP.
There is no consistent, definitive timetable for revising and
updating FIRMs for a particular community. Generally,
flood maps may require updating after significant new
building developmentin or near the flood zone, changes to
flood-protection systems, or environmentalchanges in the
community. Statutory guidelines set out the procedure for
developing new FIRMs for a community. For example,
FEMA is required to conduct extensive communication and
outreach efforts with the community during the mapping
process, which includes severalreview and comment
periods of30to 90 days. Communities and individuals also
have legalrecourse to appeal the FIRM updating process.
After a map is finalized and adopted by a community, it can
still be revised to correct for errors in map accuracy. To
correct these inaccuracies, FEMA allows individuals and
communities to request letters amending orrevising the
flood map.
The Mandatory Purchase Requirement
In a community that participates or has participated in the
NFIP, property owners in the mapped SFHA are requiredto
purchase floodinsurance as a condition ofreceiving a
federally backed mortgage. Federal agencies, federally
regulated lending institutions, and government -sponsored
enterprises must require these property owners to purchase

Updated December 9, 2021

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most