[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 44CFR9.6]



[Page 88-89]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 

                                SECURITY

 

PART 9_FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS--Table of Contents

 

Sec. 9.6  Decision-making process.



    (a) Purpose. The purpose of this section is to set out the 

floodplain management and wetlands protection decision-making process to 

be followed by the Agency in applying the Orders to its actions. While 

the decision-making process was initially designed to address the 

floodplain Order's requirements, the process will also satisfy the 

wetlands Order's provisions due to the close similarity of the two 

directives. The numbering of Steps 1 through 8 does not firmly require 

that the steps be followed sequentially. As information is gathered 

throughout the decision-making process and as additional information is 

needed, reevaluation of lower numbered steps may be necessary.

    (b) Except as otherwise provided in Sec. 9.5 (c), (d), (f), and (g) 

regarding categories of partial or total exclusion when proposing an 

action, the Agency shall apply the 8-step decision-making process. FEMA 

shall:

    Step 1. Determine whether the proposed action is located in a 

wetland and/or the 100-year floodplain (500-year floodplain for critical 

actions); and whether it has the potential to affect or be affected by a 

floodplain or wetland (see Sec. 9.7);

    Step 2. Notify the public at the earliest possible time of the 

intent to carry out an action in a floodplain or wetland, and involve 

the affected and interested public in the decision-making process (see 

Sec. 9.8);

    Step 3. Identify and evaluate practicable alternatives to locating 

the proposed action in a floodplain or wetland (including alternative 

sites, actions and the ``no action'' option) (see Sec. 9.9). If a 

practicable alternative exists outside the floodplain or wetland FEMA 

must locate the action at the alternative site.

    Step 4. Identify the potential direct and indirect impacts 

associated with the occupancy or modification of floodplains and 

wetlands and the potential direct and indirect support of floodplain and 

wetland development that could result from the proposed action (see 

Sec. 9.10);

    Step 5. Minimize the potential adverse impacts and support to or 

within floodplains and wetlands to be identified under Step 4, restore 

and preserve the natural and beneficial values served by floodplains, 

and preserve and



[[Page 89]]



enhance the natural and beneficial values served by wetlands (see Sec. 

9.11);

    Step 6. Reevaluate the proposed action to determine first, if it is 

still practicable in light of its exposure to flood hazards, the extent 

to which it will aggravate the hazards to others, and its potential to 

disrupt floodplain and wetland values and second, if alternatives 

preliminarily rejected at Step 3 are practicable in light of the 

information gained in Steps 4 and 5. FEMA shall not act in a floodplain 

or wetland unless it is the only practicable location (see Sec. 9.9);

    Step 7. Prepare and provide the public with a finding and public 

explanation of any final decision that the floodplain or wetland is the 

only practicable alternative (see Sec. 9.12); and

    Step 8. Review the implementation and post-implementation phases of 

the proposed action to ensure that the requirements stated in Sec. 9.11 

are fully implemented. Oversight responsibility shall be integrated into 

existing processes.



[45 FR 59526, Sept. 9, 1980, as amended at 49 FR 35583, Sept. 10, 1984; 

50 FR 40006, Oct. 1, 1985]