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Chapter 3 Appeals The BFEs shown on FIRMs and on the Flood Profiles in FIS reports are the basis for the detailed floodplain boundaries, detailed flood insurance rate zones, and floodway boundaries shown on FIRMs and FBFMs. That information, including the BFEs, is used for floodplain management and insurance purposes by Federal, State, and local agencies. Because of the significance of the BFEs, FEMA is careful to ensure their accuracy. In addition to applying rigorous standards in developing and updating flood risk information, FEMA provides communities with an opportunity to appeal new or revised BFEs before they become final. Background In preparing initial FIRMs and in processing revised FISs and FIRM revisions, FEMA may determine new BFEs for flooding sources for which it has not previously determined BFEs or may revise previously determined BFEs shown on effective FIRMs. When it determines new or revised BFEs for a community, FEMA must, by law, provide the community with a statutory 90- day appeal period. FEMA starts the appeal period by publishing a notice of the proposed new or revised BFEs in a local newspaper and in the Federal Reqister. The newspaper notice is published twice; the second publication usually takes place 1 week after the first. On the date of the second publication, the 90-day appeal period begins. During the appeal period, community officials and individual property owners may appeal the proposed BFEs by submitting data that show that the BFEs are scientifically or technically incorrect. After the 90-day appeal period has elapsed and any appeals have been resolved, FEMA issues a final BFE determination. New BFEs and revised BFEs that result from an FIS or an RFIS are presented in a Preliminary FIS report and FIRM,which are sent to the affected community before the start of the appeal period. New BFEs that result from a FIRM revision are also presented in a Preliminary FIS report and FIRM that are sent to the community before the start of the appeal period. However, revised BFEs that result from a FI RM revision, depending on whether they are higher or lower than those on the effective FIRM, may be presented in one of two ways. Revisions that result in higher BFEs are made through the physical map revision process, in which the FIRM and FIS report are revised and reprinted and a Preliminary FIRM and FIS report are sent to the community before the start of the appeal period. Revisions that result in lower BFEs, however, may be made by a LOMR; no revised FIRM or FIS report is prepared. The LOMR, which is sent to the community, describes the revisions, including those made to the BFEs; officially revises the FIRM; and informs the community of the publication dates for the notice of the revised BFEs. The appeal period begins on the second of the two publication dates cited in the LOM R. How to Appeal Because the Chief Executive Officer (CEO) of the community is responsible for ensuring that the community meets its obligations as a participant in the NFIP, FEMA consults and confers with the CEO, or with a local official designated by the CEO (e.g., a floodplain administrator, city planner, or city engineer), to resolve appeals. Therefore, any individual property owner who wishes to appeal the proposed BFEs must submit the appeal to the CEO or to the designated local official. So that the community will be aware of all appeals and the CEO can comply with the requirements of Part 67 of the NFIP regulations, individual property owners should submit appeals to the CEO or the designated community official. The CEO or designated community official should review each appeal and, when forwarding it to FEMA, should state whether the community supports the appeal. The CEO or 11