Moffett’s 2022 floodplain violations probationary period nearing

FEMA officials announced last year that the town of Moffett was placed on probationary status by the National Flood Insurance Program (NFIP) in November 2022, unless the town could either remediate violations or prepare a compliance plan approved by FEMA.

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

Attorney Jeffrey L. Edwards, who represents Moffett, said at that time, the requests were just not feasible to the town’s residents. He said since then, he has not received any updates from FEMA.

“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 in a 2022 article regarding Moffett’s status.

“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 do 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 non-residential policies for Moffett Public Schools and five residential policies. 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 last year 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.”

The town was told that unless it either remediates the violations or completes a compliance plan approved by FEMA, the probation period would 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 Eastern Oklahoma Development District (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 would not help Moffett solve their problem.

During the probationary period, flood insurance coverage remained available within Moffett, according to FEMA. However, a $50 surcharge was 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 reportedly received 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 could 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 Region 6 officials said they 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.

“Currently, residents and property owners in Moffett have access to flood insurance coverage though they must pay an additional $50 a year per policy because of the community’s probationary status,” Melissa Wilkins, with FEMA Region 6, said. “The town would have to be in full compliance to no longer be on probation. The $50 surcharge fee will remain in effect until the town is fully compliant.”

Wilkins said there are currently eight active policies in Moffett, but last year there were nine.

“Representatives and officials for the Town of Moffett may be able to provide additional information about the steps they are taking to become fully compliant. Citizens in the town are working with the Oklahoma Department of Commerce on mitigation actions and projects that is fully supported by FEMA,” she said.