Moffett faces probation from floodplain violations

FEMA officials announced this week the town of Moffett will be placed on probationary status by the National Flood Insurance Program (NFIP) beginning in November unless the town can either remediate violations or prepare a compliance plan approved by FEMA.

According to a press release issued by FEMA, the probation is due to deficiencies and violations with the town’s floodplain management program.

FEMA has conducted extensive outreach to the town of Moffett over three years through formal correspondence, emails, phone calls, a town hall meeting, engagement with local nonprofits, state agencies and a community assistance visit intended to resolve NFIP compliance issues.

Attorney Jeffrey L. Edwards, who represents Moffett, said the requests are just not feasible to the town’s residents.

“FEMA has been down here multiple times but without the town having a full-time staff or an engineer, what do they want us to do. The town only has a three-person board and no full-time person to work for them,” Edwards said Tuesday.

“They (FEMA) are basically asking for anyone on the program to elevate their houses 15 feet above the floodplain level. This is just not feasible for the residents here to continue down this path when the end result will be they cannot elevate their homes or afford to so. Moffett has a very small population and they don’t have the means to do what is being asked of them, nor do they have the money to hire an engineer. It would be a waste of the town’s money to try and comply,” he said.

The NFIP currently provides nine policies within the town of Moffett, including four nonresidential policies for Moffett Public Schools and five residential policies. According to a press release, when a community joins the NFIP, it voluntarily adopts local floodplain management regulations to meet NFIP minimum floodplain management criteria. Placement on probation is a formal notice to the community that the local floodplain management program is not compliant and is the first step in the process to suspend the community’s eligibility to participate in the NFIP. “Moffett Mayor Kathy Luper and I spoke to the school board about it and the school board said they are not in city limits,” Edwards said. “So their claim is they’d be covered by the county. I advised the school board and administration to submit a copy of their abstract, because if anyone is going to have a loss over this, it would be the school.”

Unless the town either remediates the violations or completes a compliance plan approved by FEMA, the probation period will begin on Nov. 26, 2022, and be in effect for one year, FEMA officials stated.

“However, Moffett can still get private flood insurance but it will be more expensive,” Edwards said. Edwards said Ernie Moore with EODD reportedly has information of a “not forced” buyout program but once your property is purchased, it cannot be redeveloped. He said Catholic Charities also has a program but it only covers elevation of eight feet, which will not help Moffett solve their problem.

During the probationary period, flood insurance coverage will remain available within Moffett, according to FEMA. However, a $50 surcharge will be added to the premium of each new and renewed flood insurance policy sold within the town for at least one year from the effective date of probation. Each flood insurance policyholder in Moffett will receive a notice about the impending probation and the $50 surcharge.

Failure to correct identified deficiencies and to improve the floodplain management program within Moffett during the probationary period can lead to suspension from the NFIP. Flood insurance from the NFIP is no longer available for purchase for communities on suspension. If a flood disaster occurs in a suspended community, most types of federal disaster assistance would not be available. This includes the acquisition, construction or repair of insurable structures within the Special Flood Hazard Area as well as federal assistance to individuals and households for housing and personal property.

FEMA officials said they will continue to provide technical assistance and guidance to the town to resolve program deficiencies and correct the violations to help ensure that residents and property owners have access to flood insurance coverage.