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FLOOD07489
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Last modified
1/25/2010 7:11:54 PM
Creation date
10/5/2006 3:01:32 AM
Metadata
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Template:
Floodplain Documents
County
Statewide
Basin
Statewide
Title
Appeals, Revisions, and Amendments to Flood Insurance Maps - A Guide for Community Officials
Date
1/1/1990
Prepared By
FEMA
Floodplain - Doc Type
Historic FEMA Regulatory Floodplain Information
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<br />designee may also appeal on behalf of the <br />community. <br /> <br />Appeals must be submitted during the formal <br />90-day appeal period; however, when the CEO <br />receives or expects to receive numerous appeals, <br />they should be collected and forwarded to <br />FEMA at the end of the appeal period. It is in the <br />interest of the community for the CEO or <br />designee to notify FEMA of any appeals before <br />the end of the appeal period; otherwise, FEMA <br />might be unaware of legitimate appeals and <br />might proceed with the final BFE <br />determination. <br /> <br />All appeals should be sent tothe following: <br /> <br />Chief, Risk Studies Division <br />Federal Insurance Administration <br />Federal Emergency Management Agency <br />SOO C Street, SW. <br />Washington, D.C. 20472 <br /> <br />Required Supporting Data <br /> <br />An appeal must be based on data that show the <br />proposed BFEs to be scientifically or technically <br />incorrect. The distinction between "scientifically <br />incorrect" and "technically incorrect" is <br />important because of the differences in the <br />types and amounts of data that an appellant <br />must submit to demonstrate one versus the <br />other. Definitions of those terms are provided <br />later in this section. First, however, it is <br />appropriate to discuss the meaning of the word <br />"correct" asitappliestotheBFEs. <br /> <br />The BFEs presented on FIRMs and in FIS reports <br />are the result of engineering methodologies <br />that are used by FEMA FIS Contractors and <br />others whose data FEMA approves and uses. <br />Because numeTOUS methodologies have been <br />developed for estimating flood discharges and <br />flood elevations under a variety of conditions, <br />FIS Contractors and others use their professional <br />judgment in selecting methodologies that are <br />appropriate for the conditions in a particular <br />community. <br /> <br />In general, because the methodologies are the <br />result of attempts to reduce complex physical <br />processes to mathematical models, the <br />methodologies include simplifying assumptions. <br /> <br />Usually, the methodologies are used with data <br />developed specifically for the FIS. Therefore, the <br />results of the methodologies are affected by the <br />amount of data collected and the precisi on of <br />any measurements made. <br /> <br />Because of the judgments and assumptions that <br />must be made and the limits imposed by cost <br />considerations, the "correctness" of the BFEs is <br />often a matter of degree, rather than absol ute. <br />For that reason, appellants who contend that <br />the BFEs are incorrect because better <br />methodologies could have been used, better <br />assumptions could have been made, or better <br />data could have been used must provide <br />alternative analyses that incorporate such <br />methodologies, assumptions, or data and that <br />quantify the effect on the BFEs. FEMA will <br />review the alternative analyses and determine <br />whether they are superior to those used for the <br />FIS. <br /> <br />The BFEs are said to be scientifically incorrect if <br />the methodology used in the determination of <br />the BFEs is inappropriate or incorrect, or if the <br />assumptions made as part of the methodology <br />are inappropriate or incorrect. An appeal that is <br />based on the BFEs being scientifically incorrect <br />would therefore contend that the use of a <br />different methodology or different assumptions <br />would produce more accurate results (i.e., BFEs <br />that are more correct). <br /> <br />The BFEs are said to be technically incorrect if at <br />least one ofthe following is true: <br /> <br />. The methodology was not applied <br />properly. <br /> <br />. The methodology was based on <br />insufficient or poor-quality data. <br /> <br />. The application of the methodology <br />included mathematical or measurement <br />errors_ <br /> <br />. The methodology did not account for <br />the effects of physical changes that have <br />occurred in the floodplain. <br /> <br />The data that must be submitted in support of <br />various types of appeals are discussed in the <br />subsections that follow. <br /> <br />12 <br />
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