§4104–1 Scientific Resolution Panel

Summary

FEMA must provide an independent Scientific Resolution Panel to a community that asks for one after a timely map appeal and at least 60 days of talks with FEMA, as long as no more than 120 days (unless FEMA allows more) have passed since the appeal period ended. A panel is also available if a community got an “unsatisfactory ruling” — meaning the community got a revised flood map by Letter of Final Determination between September 30, 2008 and July 6, 2012, later asked FEMA for a map change, and was denied. If a property owner joins an appeal about a flood elevation and the community asks for the panel, the owner must give their science and technical data to the panel for review. The panel has five experts on flood maps and insurance. It can include impartial federal agency reps not tied to the map study, but no FEMA employees. The panel must make a decision within 90 days and recommend what base flood elevations or special flood hazard areas should appear on the Flood Insurance Rate Maps. The panel’s decision will use data already given by the community (and owner, if involved) and data from FEMA. For each issue the panel must choose either FEMA’s position or the community’s (or the owner’s, when involved). The panel’s decision must be followed unless FEMA’s Administrator finds it would create a serious safety risk or break the law; if FEMA rejects it, the Administrator must explain in writing within 60 days and the community may appeal. While the panel reviews a dispute, the most recent map stays in effect and flood insurance remains available.