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Washington, D.C. --- U.S. Rep. Frank Pallone Jr., announced today that he is joining a lawsuit filed by Monmouth County officials last week against the Federal Emergency Management Agency (FEMA), which seeks to delay the agency's flood insurance rate maps from taking effect. The deadline to adopt the new maps is September 25.
Monmouth County officials filed the lawsuit in the United States District Court in Trenton that tries to stop FEMA from adopting expanded flood zone maps for residents in the Bayshore Area of Monmouth County.
The congressman believes the new flood maps should not take effect until FEMA can account for contradictions in two Flood Insurance Studies issued by the agency last year. An FIS report issued on January 11, 2008 recognizes that the Bayshore levee provides complete protection from a 100 or 500 year storm. A later report, dated May 9, 2008, contradicts this report without explanation.
"Monmouth County's lawsuit is incredibly important and ordering a stay will enable FEMA's inconsistency to be reconciled before resulting in unnecessary expenditures by thousands of homeowners," Pallone said. "The affected communities have a right to know why FEMA considered the current flood protection structures adequate in January 2008, only to deem them inadequate five months later."
"A delay in implementing the new maps would give homeowners more time to buy flood insurance at a cheaper rate and would give communities more time to improve their Community Rating System (CRS), which could also bring prices down," Pallone said.
Municipalities can earn community-wide discounts on flood insurance - from 5 to 45 percent- by participating in the CRS, which includes voluntary community education and flood mitigation activities.
The Army Corps believes the Bayshore levee system will adequately protect homeowners against flood damage. Congressman Pallone has consistently fought for funding to replenish the Keansburg Dune System. The Fiscal Year (FY) 2009 Omnibus appropriations bill included $183,000 for creation of plans and specifications for construction work in the townships of Keansburg, East Keansburg, and Laurence Harbor, of the Raritan Bay and Sandy Hook Bay Hurricane and Storm Damage Reduction project.
Below is the letter Pallone sent today to the Honorable Joel A. Pisano, United States District Court for the District of New Jersey regarding Monmouth County's lawsuit against FEMA.
August 20, 2009
Honorable Joel A. Pisano, U.S.D.J.
United States District Court for the District of New Jersey
Clarkson S. Fisher Federal Building and United States Courthouse
402 East State Street
Trenton, NJ 08606
RE: County of Monmouth v. Federal Emergency Management Agency
Civil Action No. 3:09-cv-769 (JAP)
Dear Judge Pisano:
I respectfully urge the Court to grant the motion for an order staying the implementation of Flood Insurance Rate Maps promulgated by the Federal Emergency Management Agency (“FEMA”) for the County of Monmouth. As the Member of Congress in the United States House of Representatives that has represented the communities described in the suit by Plaintiff, County of Monmouth for the past 21 years, I have a fundamental interest in ensuring that the actions of federal officials with respect to my constituents are carried out fairly and consistent with all applicable laws.
Plaintiff’s motion for an order staying the implementation of the Flood Insurance Rate Maps (“FIRM”) should be granted so that differences between two Flood Insurance Studies (“FIS”) slated to take effect that are fundamentally and on their face in conflict can be resolved and so that disagreements between federal agencies as to the level of protection afforded by the Bayshore levee can be reconciled. As stated in the County of Monmouth’s brief, the first FIS report issued by FEMA on January 11, 2008 recognizes that the Bayshore levee provides complete protection from a 100 or 500 year storm while the later report of May 9, 2008 contradicts this, without explanation. Ordering a stay will enable this inconsistency to be reconciled. FEMA should also consult with other government agencies that have expertise in this area, particularly the Army Corps of Engineers, to determine the actual level of protection that the levee will provide in the event of a major storm.
In addition, a stay of the implementation of the FIRM will give homeowners in the affected area time to explore options for protecting their property and give communities the opportunity to develop plans to lower their flood insurance rates through participation in FEMA’s Community Ratings System (“CRS”) program. According to FEMA, the CRS is a “voluntary incentive program that recognizes and encourages community floodplain management activities that exceed the minimum NFIP requirements.” With participation in the program, flood insurance rates may be reduced to more accurately reflect the flood risk of the community. Given the uncertainty in determining the flood risk for these communities due to the inconsistent FIS reports issued by FEMA, the communities have had insufficient time to engage in proactive measures to accumulate CRS credit points and adequately reduce their insurance premiums.
Furthermore, a failure to implement the stay will result in irreparable injury to the affected property owners and communities. Potentially unnecessary expenses will be incurred by homeowners as well as county and local government. Property values in the affected areas will likely decline, and zoning and planning decisions will be thrust into disarray. On the other hand, a stay will not cause FEMA any discernible injury as it will simply be maintaining the current situation that the affected residents are faced with.
Given the reasons set forth above, I respectfully request that the motion for an order staying the implementation of Flood Insurance Rate Maps be granted.
Sincerely,
FRANK PALLONE, JR.
Member of Congress
cc: Gil D. Messina, Special Monmouth County Counsel
Susan Handler-Menahem, Asst. U.S. Attorney
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