Volume 25, Number 3 ● February 9, 2017
Nationwide Permits and FEMA LOMRs "Unfrozen"!
The potential project delays from the recent “Regulatory Freeze Pending Review” described in our recent Field Notes article – has been avoided! The new Nationwide Permits and FEMA LOMRs have been granted an exception by the Office of Management and Budget (OMB).
Per an email from the Public Affairs Office of the U.S. Army Corps of Engineers (Corps) on February 8, 2017:
Earlier today an exception from the regulatory freeze was granted by the Office of Management and Budget's Office of Information and Regulatory Affairs for the 2017 nationwide permits, which were published in the Federal Register on Jan. 6, 2017 (82 FR 1860). The final rule for the issuance of the 2017 nationwide permits was subject to the Jan. 20, 2017, White House Chief of Staff memorandum entitled "Regulatory Freeze Pending Review." The U.S. Army Corps of Engineers submitted documentation on Feb. 7 to the Office of Management and Budget to ask that that the 2017 nationwide permits be excepted from the regulatory freeze. The 2017 nationwide permits will go into effect on March 19, 2017, as originally scheduled.
Later today the Corps plans to post an announcement on their web site, here -- look under "Latest News".
Also yesterday, FEMA officials confirmed to ASFPM that they have been given the green light by the OMB to publish "routine and frequent" NFIP notices and rules in the Federal Register. This means that projects that need floodplain approvals such as LOMRs can move forward in the FEMA approval process.