Improved Property

Improved Property

HEADNOTES

A natural feature is improved and maintained if it meets all the following conditions: (1) the natural feature has a designed and constructed improvement to its natural characteristics, such as a terraced slope or realigned channel; (2) the constructed improvement enhances the function of the unimproved natural feature; and (3) the applicant maintains the improvement on a regular schedule to ensure the improvement performs as designed. The Applicant has not substantiated that it maintains the improvements on a schedule to ensure the improvements perform as designed. Therefore, the embankment is not an improved and maintained natural feature and is not an eligible facility under the PA program.

CONCLUSION

FEMA finds that the Applicant has not demonstrated that the embankment is an eligible facility. This appeal is therefore denied.

AUTHORITIES

Stafford Act § 406(a)(1)(A). 44 C.F.R. § 206.201(c). PAPPG at 14-15. Belgrade (Twp. of), FEMA-4390-DR-MN, at 2; Republic Cnty., Highway Dep’t, FEMA-4230-DR-KS, at 3; Union Cnty., FEMA-4361-DR-KY, at 2.

44 C.F.R. § 206.201(c)
Improved Property