Downing Bill Right Sizes Regulation for American Conservation
WASHINGTON, D.C.—Today, Congressman Troy Downing (MT-02) introduced the Floodplain Enhancement and Recovery Act. This bill exempts ecosystem restoration projects in regulated floodplains from having to demonstrate no net impact on base flood elevation.
Representatives Janelle Bynum (OR-02), Bryan Steil (WI-01), and Marie Gluesenkamp Perez (WA-03) are original cosponsors of the legislation. Senators Steve Daines (R-MT) and Patty Murray (D-WA) have introduced companion legislation. The National Association of Conservation Districts supports the legislation.
Read text of the Floodplain Enhancement and Recovery Act here.
Read reporting on the Floodplain Enhancement and Recovery Act here.
“FEMA’s No-Rise Rule is hindering conservation efforts across the state of Montana and across the country,” said Congressman Downing. “My bipartisan legislation cuts this burdensome red tape, empowering locally supported conservation and restoration projects. I appreciate my colleagues on both sides of the aisle for joining me in this common sense measure to right size regulation for American conservation.”
“Environmental restoration projects across Oregon – and the country – are being held up by unnecessary red tape when they don’t need to be,” said Rep. Bynum. “It’s resulting in canceled projects and costing our communities thousands of dollars. I’m thankful to my colleagues on both sides of the aisle for partnering with me on this important legislation that will protect our communities, restore our environment, and remove barriers to progress.”
“Bureaucratic red tape should not stall common sense restoration projects,” said Steil. “The Floodplain Enhancement and Recovery Act eases administrative burdens and empowers Wisconsin communities to make our waterways healthier, strengthen our resilience to floods, and enhance ecosystems across the nation. I'm proud to join my colleagues in introducing this bipartisan legislation. Thank you Rep. Downing for your leadership.”
“Communities in Montana and across the country will benefit from No Rise Reform,” said Jeremy Peters, CEO of the National Association of Conservation Districts. “A streamlined approval process for ecosystem restoration projects will continue to protect against flooding while easing the cost and administrative burdens land stewards currently face carrying out projects vital for the clean water, healthy soil, and habitats we all rely on. Our nation’s conservation districts welcome this clear and flexible approach to restoring ecosystems in regulated floodways. Thanks to the Montana Association of Conservation Districts, Montana’s conservation districts, and Representatives Downing, Bynum, Gluesenkamp Perez, and Steil for their efforts to advance the Floodplain Enhancement and Recovery Act.”
“The Floodplain Enhancement and Recovery Act reflects the kind of forward-thinking reform that will enable locally driven conservation and restoration projects throughout Montana and the U.S. MACD would like to thank Rep. Downing and Reps. Bynum, Gluesenkamp Perez, and Steil for their work on this issue,” said the Montana Association of Conservation Districts.
“Many conservation districts in Montana have had to shrink, delay, or even abandon stream restoration projects due to complications and increased costs caused by floodplain permitting and its engineering requirements. These requirements are unnecessary and burdensome in rural Montana where there is no potential for impact on structures or other properties. The Floodplain Recovery and Enhancement Act is a great step in the right direction for resolving this issue,” said the Missouri River Conservation Districts Council.
“High Plains Conservation District fully supports Representative Downing’s legislation to amend the Homeowner Flood Insurance Affordability Act of 2014. The no-rise rule applied as it has been, at least in Cascade County, MT, has made it virtually impossible to apply sound management and restore riparian buffers. The cost for an analysis is too prohibitive. Many times, a full analysis costs more than the full project itself. And so, our landscapes are suffering,” said the High Plains Conservation District.
“As a headwaters state, the improvements that small restoration projects make to streams in Montana add up to big water quality and habitat benefits for the watersheds and streams and rivers downstream. We support No Rise Reform,” said the Lewis & Clark Conservation District
Background:
Under current Federal Emergency Management Agency (FEMA) policy, any proposed development in a regulated floodway must prove that it will not increase the base flood elevation (BFE) of the area. This requirement is commonly referred to as the “No Rise” rule.
While important for protecting communities from increased flood risks, the No Rise Rule has had major unintended consequences on important environmental restoration in Montana and around the country.
The Floodplain Enhancement and Recovery Act allows communities to permit ecosystem restoration projects in a regulated floodway if a professional engineer proves that the project will not increase base flood elevation by more than 1 foot, and no insurable structure or any critical infrastructure is in an area that would be adversely impacted by the increased base flood elevation.
This alleviates conservation projects from the traditional burdensome and drawn-out FEMA approval process.
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