WASHINGTON, D.C. - Sen. Rand Paul today issued a letter to the administrator of the Federal Emergency Management Agency (FEMA) citing concerns of Lyon County residents whose property has been incorrectly remapped into the 100-year Special Flood Hazard Area (SFHA). Properties zoned in this area are required by law to acquire flood insurance based on the threat designation of the area.

However, at least 10 of the 75 residents affected by the remapping have hired surveyors in order to file individual appeals against the designation, and each survey has found that these properties were incorrectly mapped into the SFHA.

In the letter, Sen. Paul calls on FEMA to correct its mistakes, reimburse the affected residents for the cost of its mistakes, and review and update its policies to ensure this issue does not burden future homeowners improperly zoned into the SFHA.

Below is text of that letter.

December 7, 2012

Administrator W. Craig Fugate

Federal Emergency Management Agency

500 C Street S.W.

Washington, D.C. 20472

Administrator Fugate:

I am writing concerning the remapping of portions of Lyon County, Kentucky into the 100-year Special Flood Hazard Area (SFHA).

Approximately 75 homes in the Lake Barkley area appear to have been improperly remapped into the 100-year SFHA. The County and affected homeowners maintain that all of the homes are at or above the required 375' Base Flood Elevation (BFE). It is my understanding that Lyon County has been unsuccessful in obtaining a Letter of Map Amendment (LOMA) to remap all of the affected properties and exempt them from the purchase requirement. At least 10 homeowners have hired surveyors in order file individual appeals. The surveys completed thus far show that all 10 structures in question have been incorrectly mapped into the SFHA.

Given the difficulty and confusion that homeowners around Lake Barkley are experiencing, I am requesting that FEMA revise its map for the Lake Barkley area. During a conference call Wednesday morning, FEMA staff indicated that each affected homeowner would need to hire a surveyor and complete and apply for an individual LOMA. I understand the average cost of completing a survey in the area is $600. As you can imagine, this is a substantial burden to be placed on homeowners who have been mapped into the SFHA by mistake. It is my understanding that National Flood Insurance Program regulations contained in 44 CFR Part 67 provide for community appeals to resolve mapping issues. I request that you work with Lyon County, the Army Corps of Engineers, and state officials to review the entire area. This is a commonsense solution that would prevent the redundancy and waste of completing at least 75 separate surveys and appeals processes.

Also of concern is that during the conference call, when asked about the potential for homeowners to be reimbursed for the cost of hiring surveyors, FEMA staff indicated that there is no system or procedure for providing reimbursements. As I am sure you are aware, the Biggert-Waters Flood Insurance Reform Act passed in July requires that reimbursements be provided to homeowners who are proven to have been inadvertently mapped into the SFHA. It is unconscionable that five months after the passage of this act that FEMA would not have a mechanism in place to reimburse homeowners for the cost of FEMA's mistakes. I request that you issue whatever policies or guidance is necessary in order to comply with the law and relieve this undue burden on homeowners.

I appreciate FEMA's attention to this issue and participation in the conference call. My office is ready to assist FEMA and the affected parties as necessary and appropriate. I look forward to your response by Wednesday, December 12 outlining a path to resolve this issue.

Sincerely,

Rand Paul, MD

United States Senator

cc: Wade White, Lyon County Judge Executive

cc: Eric Nelson, Lyon County Emergency Manager

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