FEMA Hazard Mitigation Program Eligibility Criteria and HUD CDBG-DR Disbursement Criteria (as applied to zoning-deferential frameworks)

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Don’t Reward Cities That Push Families Into Flood Zones

AKA “Protect Taxpayer Funds from Disaster-Prone Overreach”


Which agency/agencies promulgated the regulation? *
Federal Emergency Management Agency (FEMA) U.S. Department of Housing and Urban Development (HUD)
Which title, parts, and/or sections of the Code of Federal Regulations (C.F.R.) should be rescinded? *
• 44 CFR § 206.434 — FEMA Hazard Mitigation Grant Program eligibility • 24 CFR Part 570 — HUD Community Development Block Grant–Disaster Recovery (CDBG-DR) program criteria Specifically, rescind any default eligibility or priority scoring for jurisdictions whose local zoning codes restrict multi-family, mixed-income, or climate-resilient housing in non-hazard areas.
What is your name?
—OPTIONAL--
Is your proposed rescission a notice of proposed rulemaking, final rule, direct final rule, interim final rule, or interpretive rule? *
Notice of Proposed Rulemaking
What is the name of the regulation being rescinded, if applicable? *
FEMA Hazard Mitigation Program Eligibility Criteria and HUD CDBG-DR Disbursement Criteria (as applied to zoning-deferential frameworks)
Please provide a short summary of the justifications for the rescission. *
Current federal disaster recovery programs fund jurisdictions regardless of whether their local zoning actively undermines resilience. Many communities restrict denser, affordable housing to floodplains or hazard zones—or ban it outright—while receiving disaster mitigation or rebuild funds. This creates a structural feedback loop of risk, exclusion, and repeated public bailout. Rescinding unconditional eligibility would incentivize inclusive land use and reduce repetitive loss cycles.
Please insert the address of the agency. [NPRM, DFR, and IFR only]
FEMA Headquarters 500 C Street SW Washington, DC 20472 HUD Headquarters 451 7th Street SW Washington, DC 20410
Please insert the contact information for the agency. *
FEMA: (202) 646-2500 · fema-recovery-pa@fema.dhs.gov HUD: (202) 708-1112 · disaster_recovery@hud.gov
What is the background for the regulation being rescinded? *
Federal disaster funds (both FEMA and HUD CDBG-DR) are distributed based on damage, need, and procedural compliance—but with no zoning equity requirement. Local jurisdictions that exclude affordable housing from safe areas routinely receive hazard mitigation and infrastructure dollars. This incentivizes displacement and racialized housing patterns. FEMA’s 44 CFR § 206.434 outlines program eligibility without reference to land-use discrimination, and HUD’s CDBG-DR framework follows suit.
Explain the reasons for the rescission. *
If a city zones poor families into floodplains while banning affordable housing in higher-elevation neighborhoods, it should not be rewarded with federal rebuilding grants. Exclusionary land-use policy is a form of engineered vulnerability—and federal dollars should not underwrite it. Rescinding default eligibility would require jurisdictions to show that their zoning practices affirmatively reduce risk and displacement across income levels.
Describe the text of the relevant C.F.R. provisions as it will exist after the rescission. *
• 44 CFR § 206.434 will be amended to add a condition: jurisdictions must demonstrate that local zoning does not restrict low- and moderate-income housing to high-risk zones or prohibit multi-family housing in safer areas. • 24 CFR Part 570 will include new CDBG-DR funding criteria: applicants must certify zoning equity as part of unmet needs assessments. Jurisdictions with exclusionary codes must submit zoning reform plans or face adjusted funding priority.
Please insert the name of the current agency head. *
David Richardson
Please insert the title of the agency head. *
Administrator, Federal Emergency Management Agency

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