INITIAL NOTIFICATION LETTER , SCENARIO A: 

LEVEE NOT IN FEDERAL SYSTEM (NON-LEVEE OWNER COMMUNITY) 

 

 

[Mr./Ms.] (Full Name of Non-levee Owner Community Official) 

(Title of Non-levee Owner Community Official) 

(Non-levee Owner Community Official Address) 

(City, State Abbreviation, and Zip Code)

 

Dear [Mr./Ms.] (Non-levee Owner Community Official): 

 

This is in regard to the (Name of Levee) shown on the effective Flood Insurance Rate Map (FIRM) and 
in the effective Flood Insurance Study (FIS) report for (County or Community Name). As you may 
know, the Department of Homeland Security, Federal Emergency Management Agency (FEMA), [is in 
the process of/will be] producing a countywide FIS report and Digital Flood Insurance Rate Map 
(DFIRM) for (County or Community Name). This effort [is being/will be] undertaken as part of the 
FEMA Flood Map Modernization (Map Mod) program. 

 

As part of the FEMA effort to produce the DFIRM, it was determined that the flood hazard information 
presented on the effective FIRM and in the effective FIS report is based, in some areas, on flood 
protection provided by the (Levee Name). Based on the information available and on the mapping 
standards of the National Flood Insurance Program (NFIP) at the time that the FIS was performed, FEMA 
accredited the levee with providing protection from the flood that has a 1-percent-chance of being equaled 
or exceeded in any given year. This 1-percent-annual-chance flood also is referred to as the base flood. 

 

For FEMA to continue to accredit the identified levee with base flood protection, the levee must meet the 
requirements of the Code of Federal Regulations, Title 44, Section 65.10 (44 CFR 65.10), entitled 
“Mapping of Areas Protected by Levee Systems” (copy enclosed). In accordance with 44 CFR 65.10(a), 
it is the responsibility of the community or other party seeking recognition of a levee system to provide 
the data and documentation defined and outlined within the regulation. Specifically, the design and 
construction data provided must be certified by a registered professional engineer or by a Federal agency 
with responsibility for levee design. 

 

FEMA understands that it may take time to acquire and/or assemble the data and documentation 
necessary to fully comply with 44 CFR 65.10. Therefore, FEMA has incorporated a process into the 
aggressive schedule of Map Mod that, if needed, will provide the community or other party seeking 
recognition of a levee system with additional time to submit necessary data and documentation. This 
process can take place only if the levee owner, (Levee Owner Name), and a representative of each 
impacted community sign and return the enclosed agreement within 90 days of the date of this letter 
(before Month, Day, and Year of 91st Day Following Date of Letter). Completion and submittal of the 
enclosed agreement will serve as your official request that FEMA label the levee as a Provisionally 
Accredited Levee (PAL) on the DFIRM and will serve as your agreement that, to the best of your 
knowledge, the levee meets the requirements of 44 CFR 65.10. As stated above, it is the responsibility of 
the levee owner to submit the data and documentation required by 44 CFR 65.10 before FEMA can 
accredit the levee as providing base flood protection. The completed agreement must be submitted before 
(Month, Day, and Year of the 91st Day Following Date of Letter) for the levee to receive the PAL 
designation. 

 

By endorsing the agreement, you acknowledge that if all necessary data and documentation to comply 
with 44 CFR 65.10 are not provided before (Month, Day, and Year of the Second Anniversary of 91st 
Day Following Letter), FEMA will initiate a map revision to redesignate certain areas on the landward 


side of the levee as a Special Flood Hazard Area, the area subject to inundation by the base flood.. Upon 
receipt of the 44 CFR 65.10 data and documentation submittal, we will review the data and 
documentation to determine whether the levee will continue to be accredited as providing base flood 
protection. Please note that affected communities that do not own and/or maintain the levee(s) in 
question are not responsible for submitting data and documentation necessary for 44 CFR 65.10 
compliance. 

 

The approved levees will be labeled as PALs during the 24-month period to convey to map users that 
levee certification verification is underway. FEMA recommends that you and other impacted 
communities implement outreach efforts to inform affected property owners that an assessment of the 
levee is underway. FEMA also encourages the purchase of flood insurance for structures in the area 
landward of the levee, even though coverage is not federally required. 

 

If you have additional questions regarding the specific submittal requirements, please contact (Regional 
Engineering Contact Name) of my staff, either by telephone at (Regional Engineering Contact’s 
Telephone Number: (###) ###-####) or by facsimile at (Regional Engineering Contact’s Fax 
Number: (###) ###-####). 

 

We look forward to working with you and community officials to address this important matter. If there 
is anything we can do to facilitate the submittal process, please let us know. 

 

Sincerely, 

 

 

 

 

(Regional Mitigation Division Director’s Name) 

[Director/Acting Director], Mitigation Division 

FEMA Region (Region Numeral) 

 

Enclosures 

 

cc: (County or Community CEO) 

 (County or Community Floodplain Administrator) 

 (State NFIP Coordinator) 

 (USACE Point of Contact) 

 Senator (Senator’s Last Name)’s Washington, DC, Office 

 Senator (Senator’s Last Name)’s Washington, DC, Office 

 Representative (Representative’s Last Name)’s, Washington, DC, Office