FEMA Regulations Regarding Major Repairs to Property in a Flood Zone

Substantial Damage

• FEMA regulations identify homes that sustain damage equating to 50 percent or more of the dwelling's fair market value before the reconstruction, remodeling or improvement as "substantially damaged." The property owner must bring the unit up to full compliance with flood rules, regulations and FEMA guidelines. Fair market value constitutes the price a ready, willing and able buyer would pay for the dwelling. FEMA's criteria for new construction apply to substantial rehabilitation projects.

Insurance Coverage

• The National Flood Insurance Act of 1968 (NFIA) made flood insurance protection available to homeowners in areas prone to flooding. Subsequent additions included mudslides. The Flood Disaster Protection Act of 1973 made it mandatory for homeowners who received federal funding of any form to buy or build structures located in flood zones to buy flood insurance. This law also required communities to participate in these programs in order to receive federal aid.

Permit Approval

• FEMA rules say that local building department administrators must issue a permit for any proposal for construction, substantial rehabilitation or other development projects in flood-prone areas. The process must include an examination of any alterations or improvements to make sure the home has safeguards against erosion due to flooding and will not result in or exacerbate "flood-related erosion." Plans located in areas prone to flooding have to have additional safeguards or be completely relocated.

Anchoring

• Regulations require all homes undergoing substantial improvement in flood-prone regions to meet the construction requirements for proper anchoring. This minimizes the chances of the dwelling giving way to flood forces that could cause the structure to float, collapse or undergo lateral movement. Contractors can accomplish this by ensuring methods are used to keep the structure tied to the foundation and employing techniques to keep flooding from undercutting the foundation.

Flood-Resistant Materials

• FEMA rules for substantial construction require homeowners or contractors to use flood-resistant building materials. This means the material used to rebuild the home has the capacity to hold up for a minimum of 72 hours without succumbing to "significant damage." FEMA defines significant damage as damage that requires more than low-cost repairs such as painting. The guidelines mandate floors, walls and other building components situated below flood level to have flood-resistant materials.