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FEMA R10 FAQ: Rescinded Policy on Fish Enhancement Structures in the Floodway <br />and 2) the project is funded either in whole or in part with federal or state funds. This fee waiver includes projects <br />for dam removal, culvert redesign and the installation of fish passage. To request this fee waiver, an explanation of <br />the project's qualification must be provided as an attachment to the MT -2 form upon application for the <br />CLOMR/LOMB. For more information on processing and review fees, please contact the FEMA Map Information <br />eXchange (FMIX) at 1-877-336-2627 or FEMAMapSpecialist@riskmapcds.com. More information on fees and fee <br />waivers is available at www.fema,gov/flood-map-related-fees. <br />Revised Code of Washington (RCW) 77.55.181 says that local communities cannot <br />require permits or fees for projects that qualify for the streamlined Fish Habitat <br />Enhancement Project Hydraulic Project Approval (FHEP HPA). How does this state law and <br />FEMA's rescindment of this regional policy affect NFIP communities in Washington? <br />The former regional policy only related to RCW 77,55.181 in that it also addressed habitat restoration projects. <br />FEMA is aware that some Washington communities have interpreted RCW 77.55.181(4) as prohibiting them from <br />requiring floodplain development permits for projects that qualify for the FHEP HPA. However, RCW 77.55.181 did <br />nothing to change FEMA's requirement that participating communities in Washington comply with all mandatory <br />NFIP standards in the CFR. These communities are, and have always been, required to manage development in the <br />SFHA through local ordinances and permitting processes that ensure compliance with the minimum standards. <br />Allowing development to occur in the SFHA without a permit is a violation that can result in a community's <br />suspension from the NFIP. Communities that misread the former regional policy as a waiver of the H&H analyses <br />requirement and/or interpret RCW 77.55.181 as prohibiting floodplain development permits for qualifying projects <br />must take immediate steps to correct these deficiencies in their floodplain management programs. <br />The State of Washington is also an NFIP community with floodplain management responsibilities and authorities <br />(RCW 86.16). The Department of Ecology is the agency responsible for coordinating floodplain management at the <br />state level and ensuring that state activities comply with NFIP standards, including the requirement to obtain local <br />floodplain permits for development in the SFHA. <br />If you have questions about RCW 77.55.181, floodplain management at the state level, or other Washington laws <br />and policies that relate to development in the SFHA, please contact the Washington Department of Ecology. <br />Learn more at fema.gov Mar 2021 5 <br />