Congressman Troy Downing (MT-02) has introduced the Floodplain Enhancement and Recovery Act, a bill designed to exempt ecosystem restoration projects in regulated floodplains from having to prove no net impact on base flood elevation. The legislation is co-sponsored by Representatives Janelle Bynum (OR-02), Bryan Steil (WI-01), and Marie Gluesenkamp Perez (WA-03). Senators Steve Daines (R-MT) and Patty Murray (D-WA) have put forward companion legislation in the Senate. The National Association of Conservation Districts supports the measure.
The bill addresses concerns with the Federal Emergency Management Agency’s (FEMA) “No Rise” rule, which requires that any proposed development in a regulated floodway demonstrate it will not increase the base flood elevation. This rule, intended to protect communities from increased flood risks, has led to challenges for environmental restoration projects.
“FEMA’s No-Rise Rule is hindering conservation efforts across the state of Montana and across the country,” said Congressman Downing. “My bipartisan legislation cuts this burdensome red tape, empowering locally supported conservation and restoration projects. I appreciate my colleagues on both sides of the aisle for joining me in this common sense measure to right size regulation for American conservation.”
Representative Bynum also commented on how current regulations affect projects: “Environmental restoration projects across Oregon – and the country – are being held up by unnecessary red tape when they don’t need to be,” she said. “It’s resulting in canceled projects and costing our communities thousands of dollars. I’m thankful to my colleagues on both sides of the aisle for partnering with me on this important legislation that will protect our communities, restore our environment, and remove barriers to progress.”
Representative Steil added: “Bureaucratic red tape should not stall common sense restoration projects. The Floodplain Enhancement and Recovery Act eases administrative burdens and empowers Wisconsin communities to make our waterways healthier, strengthen our resilience to floods, and enhance ecosystems across the nation. I’m proud to join my colleagues in introducing this bipartisan legislation. Thank you Rep. Downing for your leadership.”
Jeremy Peters, CEO of the National Association of Conservation Districts, expressed support for streamlining approval processes: “Communities in Montana and across the country will benefit from No Rise Reform,” he said. “A streamlined approval process for ecosystem restoration projects will continue to protect against flooding while easing the cost and administrative burdens land stewards currently face carrying out projects vital for the clean water, healthy soil, and habitats we all rely on. Our nation’s conservation districts welcome this clear and flexible approach to restoring ecosystems in regulated floodways. Thanks to the Montana Association of Conservation Districts, Montana’s conservation districts, and Representatives Downing, Bynum, Gluesenkamp Perez, and Steil for their efforts to advance the Floodplain Enhancement and Recovery Act.”
The Montana Association of Conservation Districts noted: “The Floodplain Enhancement and Recovery Act reflects the kind of forward-thinking reform that will enable locally driven conservation and restoration projects throughout Montana and the U.S. MACD would like to thank Rep. Downing and Reps. Bynum, Gluesenkamp Perez, and Steil for their work on this issue.”
Local organizations highlighted practical challenges under current rules: “Many conservation districts in Montana have had to shrink, delay, or even abandon stream restoration projects due to complications and increased costs caused by floodplain permitting and its engineering requirements,” said Missouri River Conservation Districts Council representatives. “These requirements are unnecessary and burdensome in rural Montana where there is no potential for impact on structures or other properties. The Floodplain Recovery and Enhancement Act is a great step in the right direction for resolving this issue.”
High Plains Conservation District also voiced support: “High Plains Conservation District fully supports Representative Downing’s legislation to amend the Homeowner Flood Insurance Affordability Act of 2014. The no-rise rule applied as it has been, at least in Cascade County, MT, has made it virtually impossible to apply sound management and restore riparian buffers… Many times a full analysis costs more than the full project itself.”
Lewis & Clark Conservation District emphasized local benefits: “As a headwaters state, the improvements that small restoration projects make to streams in Montana add up to big water quality and habitat benefits for watersheds… We support No Rise Reform.”
Under FEMA’s existing policy developers must show that new work does not raise base flood elevation at all; if passed into law as proposed by Downing’s bill ecosystem restoration initiatives could proceed as long as increases do not exceed one foot—and only if there are no insurable structures or critical infrastructure at risk within affected areas.
