FEMA Fact sheets reflect changes to Adequate Progress determinations and Flood Protection Restoration Requirements

Now Available! Zone AR and A99 Fact Sheet

Now Available! Fact sheets that reflect changes to “Adequate Progress” (Zone A99) determinations and “Flood Protection Restoration” (Zone AR) Requirements. 

The Federal Emergency Management Agency (FEMA) has updated its requirements and mapping standards associated with the “Adequate Progress” (Zone A99) or a “Flood Control Restoration Zone” (Zone AR) flood zone determinations. Section 19 of the Homeowner Flood Insurance Affordability Act of 2014 called for FEMA to change how it accounts for the construction or reconstruction of flood protection systems in its flood maps.   Specifically, the law changed how FEMA can account for non-federal funding used in the construction or restoration of a flood protection project, as well as allows FEMA to include the value of existing protection features when issuing Zone A99 (Adequate Protection) and Zone AR (Restoration) determinations.

In November 2014, FEMA formally issued new mapping standards for Zone A99 and Zone AR determinations. FEMA also updated its Zone A99 (https://www.fema.gov/media-library/assets/documents/13225) and Zone AR (http://www.fema.gov/media-library/assets/documents/13208) fact sheets to reflect changes in law and the new mapping standards.

The standards and fact sheets reflect requirements and criteria cited in Section 61.12 of Title 44 of the Code of Federal Regulations (“the National Flood Insurance Program (NFIP) regulations), the Homeowner Flood Insurance Affordability Act (Public Law 113-89), and in FEMA guidance and standards] .

Communities may want to apply for a Zone A99 or a Zone AR determination because these may allow property owners to pay lower insurance rates than they would otherwise.

Changes in Zone AR and A99 determinations include:

•  FEMA is authorized to consider Zone A99 requests for projects involving the construction or reconstruction of flood protection systems.
• FEMA can consider Zone A99 projects regardless of the funding source.
• Removal of the requirement that the flood protection system must have originally been constructed using Federal funds, allowing non-Federal systems to be eligible for the Adequate Progress determination (Zone A99) or restoration flood zone designation (Zone AR) without the need for the original Federal participation.
• “Adequate Progress” (Zone A99) determination for reconstruction projects can consider the present value of the existing system, not just of the reconstruction project activities.
• FEMA is authorized to consider Zone AR requests for levees in riverine and coastal areas, except when the landward flood zone of the existing structure would be defined as a Coastal High Hazard Area.