Pallone to FEMA: Treat Bayshore same as D.C.

Freeholders say input needed from Army Corps of Engineers

BY JAMIE ROMM Staff Writer

Rep. Frank Pallone Jr. (D-6th District) wants the federal government to put revised flood maps for the Bayshore area on hold, just as it did in the nation’s capital.

In a letter to the Federal Emergency Management Agency’s (FEMA) Region II Regional Director Steve Kempf, Pallone said communities in Monmouth County affected by FEMA’s revised flood zone maps should be given the same opportunity as property owners in the District of Columbia to discuss the flood maps with FEMA before further action is taken.

“It has come to my attention that the Federal Emergency Management Agency has decided not to expand the flood zone for downtown Washington, D.C. FEMA’s decision to rescind its proposal came after Washington, D.C., filed a lawsuit against the agency in federal court,” the letter states. “The suit called the new flood map ‘arbitrary and capricious’ and “unsupported by substantial evidence.”

Pallone introduced legislation June 26 in the House of Representatives that would place a moratorium on the federal government’s plans to expand flood zones.

In the letter, Pallone said the new maps are “overreaching and an unnecessary burden on my constituents.”

“Based on the, Washington D.C., precedent, once again, I call on FEMA to place an immediate moratorium on plans to expand flood zones in the Bayshore area of Monmouth County,” the letter stated. “The Bayshore should be treated the same as Washington, D.C., and given the same opportunity to discuss the flood maps with FEMA before any further action is taken.”

According to FEMA, maps were rescinded June 19 when District of Columbia officials pledged $2.5 million to build a stronger flood control system by November 2009.

The Monmouth County Board of Freeholders recently joined other local officials in seeking a delay on adoption of the revised flood maps. Monmouth County Freeholder Director Lillian G. Burry, in a press release, announced that the county is seeking to delay FEMA’s planned September adoption of the expanded maps to ensure their accuracy.

“These new maps place a significant financial burden on homeowners, particularly those who live in our Bayshore area, who would be required by their mortgage companies to purchase new flood insurance policies,” Burry said in a press release. “Before asking people to dig deeper into their pockets we should make sure that the maps are accurate and the insurance is necessary.”

Burry said freeholders have directed the county counsel’s office to begin exploring whether legal action is warranted to delay the implementation of the maps.

Pallone’s proposed legislation calls for a national moratorium on the maps until FEMA has developed an extensive public notification plan so that all affected communities are individually briefed and affected residents have the opportunity to investigate whether their homes were placed in the flood zones appropriately.

The bill also provides financial relief in the form of tax credits to affected homeowners for the first five years after a new flood zone map is revised or updated to include their property.

Under HR-6413, homeowners earning $50,000 or below as a single tax filer, or $100,000 or below as a joint tax filer, could write off 100 percent of their flood insurance premiums.

Homeowners making above those income levels would be eligible for a tax credit based on a sliding scale up to the maximum of $150,000 for a single filer and $300,000 for a joint filer.

According to the freeholders, thousands of residents would be affected by the revised maps.

“It is estimated that some 4,400 homeowners in Hazlet, Union Beach, Middletown and Keansburg would be hit hardest by the new flood zone maps,” the freeholders’ press release stated. “Flooding in Monmouth is caused largely by tropical storms, nor’easters and to a lesser extent, severe thunderstorms according to FEMA.”

In some cases, properties that have not required flood insurance, or have been considered to be in low- or moderate-risk zones may now be considered to be in high-risk areas, and residents could be required to pay premiums of up to $5,000 per year.

Under a grandfather clause, holders of flood insurance policies who have maintained continuous coverage or who have built their homes in compliance with the maps have the opportunity to buy flood insurance at the current, lower rates before the new map takes effect.

Burry said that she is concerned that people will be buying flood insurance without knowing why.

“Before people are forced to buy flood insurance, serious questions must be answered,” Burry said. “For example, does FEMA assume that flood control measures by the U.S. Army Corps of Engineers will not work correctly? Does the Army Corps of Engineers agree?”

Burry said more information is needed from the Army Corps.

“If the corps believes its structures are sufficient they should defend their designs,” Burry said. “If the corps acknowledges that its structures are inadequate, the corps should take responsibility for improving or replacing them to provide the protection that homeowners and municipalities in the region had accepted in good faith as being proper protection against flooding.”

Burry said freeholders want the government do what is right for the Bayshore area.

“The bottom line is that people relied on the work of federal agencies to make their homes safe from flooding,” Burry said. “Homeowners should not have to pay the price for government’s mistakes. The federal government should make things right.”