FEMA Levee Certifications - CFR Part 65

[GeoPaveTraffic]

I'm doning a reseach project to determine what other consulting companies are doing with respect to the "Certification by Registered Professional Engineer and/or Land Surveyor" as required by FEMA to issue Letter of Map Revision Based on Fill (LOMR-F) to revise a flood map based on construction of a levee. As many of you probably know "certfiy" is a very bad word as far as professional liability insurance carriers are concerned. Using it will generally result in NO insurance coverage for a project. FEMA has attempted to provide cover to the engineer by defining certify, however, we all know that the courts can choose to ignor such things.

My company has performed levee work for many decades, however, the subject has come up as to whether we want to continue performing this work. I'm very interested in what other consulting engineers are doing? Are there concerns about liability exposure doing levee design and having to certify the levee for FEMA?

 

[cvg]

there are big concerns with certification

 

[GeoPaveTraffic]

Agreed,

So what is your firm doing? Are you passing on projects that would reqruie certification? Do you know of other companies that are either doing or passing on these projects?

I'm just trying to get an idea of how the consulting comunity is reacting to the issue or if we are all just walking around being worried but not doing anything.

 

[cvg]

at this point, I believe there is a large debate between the risk management team and the project managers. In the meantime, we may be passing on projects...

 

[Rye1]

A LOMR-F is for smaller type projects such as homes built on fill. A levee will almost certainly require the full-blown LOMR process.

I believe there are some definitions on the MT-2 forms defining liability.

 

[GeoPaveTraffic]

There are definitions in 44 CFR Part 65.2, however, part of the concern is that "certify" has already been defined by the courts in multiple cases. The question remains as to whether the courts would accept the very limited definition in the CFR or would instead apply the broad definition previously defined.

The difference is substantial. Under the definition in the CFR, we would have insurance. Under the courts past defintion we would have no insurance.

 

[cvg]

We are not talking about LOMR submittals for housing developments, but certifying existing levees designed by others. Certification does not generally require a LOMR unless there is some identified change to the floodplain that prompts the City or County to update the floodplain maps.

the federal government which designed and certified the levees along the Mississippi and around New Orleans is being sued for the Katrina flooding. Many believe there will be additional lawsuits after the recent flooding in Iowa and Missouri. The attorneys and stock holders are nervous and do not want to be exposed that kind of risk.