FEMA Reimbursement for Post-Disaster Floodplain Management and Building Code Administration and Enforcement

After a disaster, hundreds of structures may need repairs, permits, and inspections. FEMA may be able to provide the resources to administer and enforce building code and floodplain management ordinances to help communities rebuild in a way that reduces risk to people and better protects structures from future damage.

Reimbursement through FEMA's Public Assistance Program

The Disaster Recovery Reform Act of 2018, Section 1206, authorizes FEMA to provide communities with the resources to administer and enforce building code and floodplain management ordinances following a major disaster declaration through FEMA's Public Assistance (PA) Program.

National Flood Insurance Program (NFIP) participating communities in Coos, Curry, Douglas and Josephine counties listed on page 4, impacted by the severe storms, flooding, landslides and mudslides that occurred from March 13-20, 2025, are eligible to be reimbursed for costs associated with post-disaster floodplain management and building code work.

Reimbursement is limited to 180 days following a major disaster declaration with FEMA PA permanent work, written as Category I projects, and follows the permanent work cost share for the disaster. NFIP-participating communities are required to adhere to their locally adopted regulations to remain in good standing with the NFIP.

What Can this Policy Reimburse?

• Hiring temporary workers and surge staff, contractors, mutual aid teams and overtime for budgeted employees to support administering floodplain management and building permits and Substantial Damage (SD) assessments and determinations.
• Certifying, training, licensing, and supervising staff to review applications and issue floodplain management and building permits.
• Inspecting structures under construction in the disaster area for compliance with approved plans, specifications, and all requirements of applicable codes, laws, and ordinances.
• Monitoring impacted areas for unpermitted construction activities.
• Contracting for services.
• Conducting community outreach regarding permitting and rebuilding requirements.
• Purchasing necessary supplies and equipment.

Costs associated with reimbursement for mutual aid will be reimbursed according to provisions established in the Public Assistance Program and Policy Guide and the mutual aid or Emergency Management Assistance Compact (EMAC) executed agreement. Activities and expenses not listed as examples of eligible activities in Section B.3 of the Building Code and Floodplain Management Administration and Enforcement will be evaluated on a case-by-case basis.

Ineligible Work

Ineligible work under the policy includes activities associated with non-disaster damaged structures or activities to update a community's laws, rules, procedures, or requirements. For example, updating building codes, adopting new zoning requirements, or developing new land use plans are not eligible for FEMA PA, Category I reimbursement.

Note: Revenue collected by the applicant (including fees and fines) is considered program income. The project worksheet will be reduced accordingly during closeout. If the applicant waives fees or fines following the disaster, FEMA will still reduce the eligible costs by the amount that the fees or fines would have been.

The 180-Day Period: Reimbursement is limited to work and costs in disaster declared areas up to 180 days following the date the major disaster declaration is amended to authorize PA permanent work. PA can reimburse costs for eligible work done starting on the first day of the incident period.

Eligibility for Support Under Section 1206

• State, local, territorial, or tribal (SLTT) governments authorized for PA permanent under a major disaster declaration are eligible for this type of assistance, consistent with other grants under FEMA's PA Program.
• SLTT governments must be in good standing with the NFIP. FEMA will not fund activities covered in this policy under the PA Program for communities suspended from or sanctioned for non-participation in the NFIP.
• Eligible applicants must be legally responsible to administer and enforce building codes or floodplain management regulations.

What to Do Now

• Floodplain and Building Code Officials: The NFIP requires participating communities to permit floodplain development (including repairs) and thereby assess damage of any source to see if it would constitute SD or substantial improvement and need to meet building/rebuilding standards. If your community needs help conducting floodplain damage assessments, start by relaying this need to your emergency manager. Talk to your community point of contact who works with the FEMA PA Program Delivery Manager about work and costs that might be reimbursable under the policy and any needed documentation for submittal. Track all staffing hours, including volunteer hours, work, and costs so you are ready to give that to your community PA point of contact.
• FEMA and State PA Staff: Remind community PA contacts to reach out to their emergency managers and floodplain/building code staff about eligible work and costs that the community may want to submit.
• Project Worksheet (PW) Based on Work to Be Completed: Potentially, PA grants can be based on an estimate. Communities would have to develop a budget and substantiate that budget to bring it forward.
  • Example 1: A community has a stand-by or pre-positioned contract for substantial damage assessments. Based on the scope of the services, the community can estimate what the cost of the services will be. This would be like a debris removal contract. The PW is based on an estimate with a substantiated budget.
  • Example 2: A community anticipates overtime for budgeted staff to do floodplain permitting and SD assessment work. The community can project forced account labor for the number of staff that will be working (i.e., 7 staff members) and how many overtime hours per week they will be working (i.e., 20 hours/week), including their hourly rates and fringe benefits. The community can provide historical payroll records to help substantiate the claim.
• If your community does not currently have FEMA PA permanent work: You should still conduct post-disaster permitting and substantial damage inspections. Document all work and costs, including volunteer hours, so that if PA permanent work is declared later, you will be ready to seek reimbursement.

FEMA can obligate money for eligible work, and the funding will be released to the Oregon Department of Emergency Management (OEM) for reimbursement. OEM has a process to expedite requests, but will still need invoices, timesheets, and other documentation. Communities can turn in documentation as frequently as they want, (e.g., weekly, pay period, monthly).

Mutual Aid and Compacts

The Oregon Resource Coordination Assistance Agreement (ORCAA) is an intrastate agreement that enables county-to-county assistance when a mutual aid agreement between counties is not already in place. ORCAA may be the best route for asking for help from another jurisdictional employee, like another community's floodplain administrator, if your community needs help with floodplain damage assessments, determinations, and floodplain permitting. Talk to your county emergency manager about your need for assistance. Options may include seeking an ORCAA request, reassigning other salaried staff to help, utilizing volunteers, requesting mutual aid, using a contractor, or reaching out to your state and FEMA floodplain contacts for assistance. Agreements and contracts may take time to secure following federal procurement guidelines.

Eligible Counties and NFIP Participating Communities

Resources

Section 1206, Building Code and Floodplain Management Administration and Enforcement | Webpage

Building Code and Floodplain Management Administration and Enforcement | FEMA Policy

Volume 1: Disaster Recovery Reform Act Section 1206 Frequently Asked Questions | Fact Sheet

Volume 2: Disaster Recovery Reform Act Section 1206 Frequently Asked Questions | Fact Sheet

Public Assistance Companion Guide: Disaster Recovery Reform Action Section 1206 | Fact Sheet

Applying for Building Code Administration & Enforcement Reimbursement through FEMA's PA Program | Fact Sheet

Disaster Recovery Reform Act Section 1206 | YouTube

Answers to Questions About Substantially Improved/Substantially Damaged Buildings | FEMA 213

Substantial Improvement/Substantial Damage Desk Reference | FEMA P758 Substantial Damage Estimator Tool | Webpage