City planner turns tide on FEMA rules - March 5, 2010
By Rick Wright
Staff Writer
An old saying claims you can’t fight city hall, but Tex Haeuser, South Portland’s planning director, claims you can.
Speaking Feb. 18 to Willard Neighborhood Association members, Haeuser said South Portland and Portland have together won a temporary victory over the Federal Emergency Management Agency regarding flood plain maps.
“We’ve challenged them. They’ve backed off,” he told an audience at the Betsy Ross House.
Haeuser’s presentation focused on new FEMA regulations that affect local flood plain designations. He said FEMA’s new digital maps last year designated the coastline from Willard Beach to Bug Light a Velocity Zone (V Zone) in a flood-hazard area. V Zones are defined as areas that have a 1 percent chance of flooding each year, Haeuser said.
Under these new regulations, Portland’s central waterfront on the Fore River would be designated a V Zone. Portland business owners and residents in that area have filed only $40,000 to $50,000 worth of flood insurance claims through FEMA, Haeuser said.
He said new maps would hurt the local economy because they would prevent businesses from building or rebuilding in the V Zone. Residents living in that area also would have to pay much higher rates for flood insurance.
“We’re not in a flood plain. We have flood insurance. It’s a separate policy from your homeowner’s policy and it costs less money if you’re not in a flood zone,” said South Portland resident Devon Gray.
After unveiling these new maps, FEMA gave both cities 90 days to appeal its decision. The Portland-South Portland appeal was temporarily approved pending further study. The two cities have hired geologist Robert Gerber to challenge FEMA’s data.
Haeuser said he is confident in Gerber’s ability to permanently turn the tide in favor of Portland and South Portland.
“(FEMA) spent a lot of money hiring national engineering firms. I think our local guy is doing better,” Haeuser said.
“We’re going to submit this Gerber report. We think it will be effective and we think FEMA will change their maps,” he said.
Haeuser said it will cost South Portland about $4,000 to appeal FEMA’s decision. South Portland’s cost is relatively low because it is splitting expenses with Portland, said City Councilor Maxine Beecher, who was in the audience.
Rep. Terry Morrison (D-South Portland) said he was impressed by Haeuser’s efforts to defeat FEMA’s plan.
“Tex is working hard in South Portland to protect us and I appreciate it,” Morrison said.
Rick Wright can be reached at 282-4337, ext. 237 or news@inthesentry.com.


For me, this is just another reminder why people need to stay informed about their flood zone status. FEMA has ramped up the map revision process so anyone with concerns should probably just fork out the $10 and get a flood zone determination.
My sister (Eastern WA state) was notified last year that her home was in a designated flood zone due to a map revision. I did some research for her and found a company that deals in these types of situation (below):
http://www.myFloodZone.com -
(She eventually overturned her flood insurance requirements.)
Don't get me wrong... if you're in a flood zone get insurance ASAP. But if you have doubts or concerns you should get a 2nd opinion.
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Fighting the new flood map?
You may be entitled to Reimbursement of certain expenses; appropriation authorization
US Code from Cornell University
http://www.law.cornell.edu/uscode/search/display.html?terms=flood&url=/uscode/html/uscode42/usc_sec_42_00004104----000-.html
TITLE 42 > CHAPTER 50 > SUBCHAPTER III > § 4104
§ 4104. Flood elevation determinations
(f) Reimbursement of certain expenses; appropriation authorization
When, incident to any appeal under subsection (b) or (c) of this section, the owner or lessee of real property or the community, as the case may be, incurs expense in connection with the services of surveyors, engineers, or similar services, but not including legal services, in the effecting of an appeal which is successful in whole or part, the Director shall reimburse such individual or community to an extent measured by the ratio of the successful portion of the appeal as compared to the entire appeal and applying such ratio to the reasonable value of all such services, but no reimbursement shall be made by the Director in respect to any fee or expense payment, the payment of which was agreed to be contingent upon the result of the appeal. There is authorized to be appropriated for purposes of implementing this subsection, not to exceed $250,000.
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One Congressman called the NFIP “the worse federal program he has ever seen”.
The NFIP has paid out only $11.6 billion dollars in claims since 1978.
The NFIP owes the US Treasury 20 billion dollar.
FEMA pay’s the insurance industry $ .71 cents of every dollar in premiums it collects.
FEMA has been unwilling to correct bad data used in new flood maps.
The NFIP puts the burden on the tax payers to correct bad data used for this new insurance maps.
Let’s stop this waste.
Let’s help balance the budget.
Let’s cut this wasteful federal program.
Tell your Congressman and Senators not to fund the NFIP.
Stop the National Flood Insurance Program.
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