Beginner-friendly summary cards with key points and regulatory citations.
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Chapter 4 — Overview
Defines eligible facilities and work for FEMA Public Assistance.
Eligibility depends on incident causation, location, legal responsibility, and cost reasonableness. The Stafford Act and 44 C.F.R. regulations govern details—refer to the full chapter text for specifics.
Stafford Act §102(10)
44 C.F.R. §206.221
I. Facility Eligibility — General
Public systems, buildings, roads, airports, parks — and certain improved natural features.
A facility must be determined eligible for related work to be eligible (some emergency measures are exceptions). Natural features are eligible only when improved and regularly maintained. Keep records proving improvements and maintenance schedules.
42 U.S.C. 5122
44 C.F.R. §206.221
A. Public Facility — What Counts
Systems, buildings, roads, parks, airports, and many public structures and contents.
Examples: flood control, water supply, sewage, public power, maintenance buildings, restrooms, public educational/recreational buildings, non-federal-aid streets and ramps (with exceptions). Unimproved lands and agricultural land are ineligible.
44 C.F.R. §206.221(h)
Natural Features — When Eligible
Only improved sections are eligible (for example armored riverbank).
Improvements must be designed and constructed (terracing, realigned channels, bank armoring), maintained on a regular schedule, and demonstrably enhance the feature’s function. Only the improved portion is eligible for FEMA funding.
Practical: Keep improvement records
B. Inactive or Partially Inactive Facilities
Active use at the incident start is required (with limited exceptions).
A facility must have been in active use at the start of the incident to be eligible. Exceptions: temporarily inactive for repair, approved future use, or clear intent to resume. FEMA prorates partial inactivity by percent active use. PNP mixed-use requires >50% active use.
Practical note: Document pre-incident use
C. Facility Scheduled for Repair or Replacement
Planned non-federal repairs still can be eligible if damage was incident-caused.
Facilities planned for repair or replacement with non-federal funds are eligible if the damage did not exist prior to the incident. FEMA may review contracts or procurement documents to validate timing and eligibility.
44 C.F.R. §206.226(k)(2)
II. General Work Eligibility
Debris removal, emergency protective measures, permanent restoration, and mitigation.
Applicants must comply with statutes, executive orders, regulations, and policies (non-compliance can disallow costs). Eligible work categories include debris removal, emergency work, permanent repairs, code and floodplain management activities, and mitigation measures.
2 C.F.R. §200.339
A. Emergency Work vs. Permanent Work
Emergency: immediate threats. Permanent: long-term restoration and mitigation.
Document immediate threats and timing carefully to justify emergency work; permanent work is long-term restoration. FEMA categorizes to simplify processing (see full chapter for figure references).
Practical: Document threats & timing
B. Minimum Work Eligibility Criteria
Work must be incident-required, inside declared area, and the legal responsibility of an eligible applicant.
Minimum criteria: required due to the declared incident, within the declared area, and the legal responsibility of the applicant. Keep record of authority and location for audits.
44 C.F.R. §206.223
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FEMA Public Assistance — Chapter 4 (Summary)
Chapter 4 – Facility & Work Eligibility Overview
Beginner-friendly summary cards. Each card contains key points and regulatory references.
Facility eligibilityWork eligibilityFollow the full chapter text for complete requirements and examples.
Chapter 4 – Overview
1. Facility Eligibility — General
Defines which facilities and types of work are eligible for FEMA Public Assistance.
Key points
Eligibility depends on incident causation, location, legal responsibility, and cost reasonableness.
Facility must be determined eligible for related work to be eligible (exceptions: certain emergency measures).
Includes public systems, buildings, roads, airports, parks, and other public infrastructure.
Natural features are only eligible when improved and regularly maintained.
Regulatory note
FEMA eligibility and procedures refer to the Stafford Act and 44 C.F.R. regulations; follow full chapter text for details.
Facility Types
A. Public Facility — What counts
Public facility examples
Systems: flood control, water supply, sewage, public power, irrigation, etc.
Buildings: maintenance sheds, restrooms, public educational/recreational buildings.
Roads: non–federal-aid streets, ramps, access roads (with some exceptions).
Parks, airports, and many other public structures and contents are included.
Natural features — When eligible
Must have a designed and constructed improvement (e.g., terracing, realigned channel).
Improvement must enhance the natural feature’s function.
Applicant must maintain the improvement on a regular schedule.
Only the improved sections are eligible (e.g., armored portion of a bank).
Practical note
Only the improved section is eligible; maintain records of the improvement and maintenance schedule.
Facility status
B. Inactive or Partially Inactive Facilities
Key points
Facility must have been in active use at the start of the incident period to be eligible.
Exceptions: temporarily inactive for repairs, approved future use in plans/budget, or clear intent to resume use.
Partially inactive areas — FEMA prorates eligible cost by percent active use.
Private nonprofit (PNP) mixed-use facilities require > 50% active use.
C. Facility Scheduled for Repair or Replacement
Facilities planned for repair/replacement using non-federal funds are eligible if damage did not exist before the incident.
FEMA may review contracts/procurement documents to validate eligibility.
If damage pre-existed the incident, only costs tied to incident-caused damage are eligible.
II. General Work Eligibility
Work categories
A. Emergency Work vs. Permanent Work
FEMA funds debris removal, emergency protective measures, permanent restoration & mitigation, and building code / floodplain management activities.
Permanent work: long-term restoration, rebuilding, and hazard mitigation.
FEMA categorizes work to simplify processing (see Figure 7 in the source).
Applicants must comply with statutes, Executive Orders, regulations, and policies;
non-compliance can disallow project costs.
Eligibility checklist
B. Minimum Work Eligibility Criteria
Required conditions
Work must be required due to the declared incident.
Work must be located inside the declared area.
Work must be the legal responsibility of an eligible applicant.
FEMA Public Assistance – Compliance Summary
Facility & Work Eligibility (Ch. 4) and Permanent Work (Ch. 8)
Two-column, bullet-based summary of core FEMA Public Assistance eligibility concepts for facilities (Chapter 4) and permanent work, codes, standards, and Categories C–G (Chapter 8), with key Stafford Act and regulatory citations.
Chapter 4 – Facility & Work EligibilityChapter 8 – Permanent Work (C–G)Use as a quick compliance checklist; always refer to full PAPPG text for detailed application.
Column 1
Facility & General Work Eligibility (Chapter 4)
Chapter 4 – Overview
1. Facility Eligibility – General
Defines which facilities and related work can be funded through FEMA Public Assistance.
Key compliance points
Facility must be determined eligible for related work to be eligible (with limited exceptions for certain emergency measures).
Eligibility depends on: (1) incident causation, (2) location within the declared area, (3) legal responsibility of an eligible applicant, and (4) reasonable, necessary, and compliant costs.
Includes public systems, buildings, roads, airports, parks, and other public infrastructure.
Natural features are only eligible when improved and regularly maintained.
Facility Types
A. Public Facilities & Natural Features
Public facility examples
Systems: flood control, water supply, sewage, public power, irrigation, and similar systems.
Buildings: maintenance sheds, restrooms, public educational and recreational buildings.
Permanent work restores facilities to pre-disaster design and function, with required codes and standards and subject to facility eligibility rules in Chapter 4.
Key concepts
Permanent work: categories C–G; plus Category I (code and floodplain administration/enforcement).
Restoration is to pre‑disaster design (size and capacity) and pre‑disaster function, not necessarily pre‑disaster usage levels.
Pre‑disaster function can be the original design function or a later, code-compliant modification.
If facility was used for an alternate function without formal alteration, FEMA funds the less costly of restoring original or alternate function.
Codes & Standards
II. Consensus-Based & Local Codes
Consensus-based codes
Must apply latest hazard‑resistant consensus-based codes for buildings, power, roads/bridges, potable water, and wastewater.
These codes set minimum design criteria when local codes are absent or less protective.
Applicants must identify applicable codes and describe work required to comply, including specific components and quantities.
Local codes & eligibility criteria
Local codes or standards are funded if they are equal to or more stringent than FEMA’s consensus-based requirements.
Upgrades are eligible only if the code/standard:
Applies to the type of restoration work required.
Is appropriate to pre‑disaster use or alternate pre‑disaster use.
Is reasonable, in writing, formally adopted, implemented before the declaration.
Applies uniformly and was enforced while in effect.
Accessibility
E. Accessibility & Path of Travel
Key points
FEMA funds ADA/ABA-related accessibility upgrades triggered by eligible disaster repairs, even if pre-disaster non-compliance existed without citation.
When the primary function area is damaged, path-of-travel upgrades (entrances, interior routes, parking, restrooms, evacuation routes) can be funded.
Funding for path-of-travel accessibility is limited to 20% of the PA-funded cost to restore the primary function area.
Historic facilities may have tailored accessibility solutions where standard ADA requirements would compromise historic significance.
Hazard Mitigation
III. Section 406 Mitigation (Categories C–G)
Eligibility conditions
Applies only to permanent work projects (Categories C–G).
Measures must directly reduce future damage to damaged portions of the facility.
Must be technically feasible, cost-effective, and comply with EHP and all legal requirements.
May involve nature-based solutions, elevated designs, protective structures, or system-level improvements.
Cost-effectiveness tests
Mitigation cost ≤ 15% of total eligible repair cost (pre‑insurance); or
Measure listed in Appendix J and cost ≤ 100% of eligible repair cost; or
Positive Benefit-Cost Analysis (BCA) using FEMA BCA Toolkit.
Flood Risk & FFRMS
VIII–IX. FFRMS & Floodplain Compliance
Projects in floodplains or wetlands must meet FFRMS elevation and floodplain standards, plus 8-step decision-making and NFIP-related requirements.
Core requirements
For new construction, substantial improvement, and substantial damage:
Critical actions: elevate/floodproof to higher of BFE + 3 ft or 0.2%-annual-chance (500-year) flood elevation (or CISA-based level).
Non-critical: elevate/floodproof to lower of BFE + 2 ft or 0.2%-annual-chance flood elevation.
Use Climate-Informed Science Approach (CISA) when available; otherwise use FVA / 0.2%-annual-chance approaches.
8-step decision process required for most permanent projects in floodplains/wetlands (with small-cost exceptions).
New construction in coastal high hazard areas is generally prohibited except for low-impact uses (parks/paths).
Repair vs. Replacement
VI. 50% Rule
Key tests
Repair cost (damaged elements + repair-related codes) ≤ 50% of replacement cost (pre-disaster size, capacity, function) → facility is considered repairable if technically feasible.
Replacement cost estimate excludes demolition, site work, soft costs, contents, mitigation, and emergency work.
If replacement is eligible, FEMA may fund actual replacement cost; if repair is chosen, funding is capped at lesser of repair vs. replacement.
Historic facilities listed or eligible for National Register may be restored even when repair cost exceeds replacement cost in some cases.
Categories C–G
V. Selected Facility-Specific Eligibility
Category C – Roads & Bridges
Public, non-federal-aid roads/bridges where applicant has legal responsibility.
Must distinguish disaster damage from deterioration, deferred maintenance, or negligence (maintenance records critical).
Inundated roads: only visible and quantifiable surface damage is eligible; subsurface-only claims without surface damage are ineligible.
Category D – Water Control Facilities
Includes dams, reservoirs, levees, engineered channels, stormwater basins, shoreline protection.
Restoring pre-disaster capacity is eligible when pre-disaster capacity and regular maintenance are documented.
Flood control works under another federal agency’s authority (e.g., USACE) are generally ineligible.
Categories E–G – Buildings, Utilities, Parks & Other
Category E: buildings, contents, equipment, vehicles – must separate incident damage from pre-existing conditions; insurance is primary recovery source.
Category F: utilities – water, wastewater, power, gas, communications; may be permanent or emergency work with different labor/mitigation rules.
Category G: parks, recreation, and other – unimproved natural features ineligible; nature-based solutions and designed beaches may be eligible under strict criteria.
