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HUD/OH RIN: 2502-AJ79 Publication ID: Spring 2025 
Title: ●Recission of Single Family Minimum Property Standards for Construction Flood Elevation Requirements (FR-6539)  
Abstract:

This rule proposes to revise HUD Minimum Property Standards (MPS) for new construction properties to rescind burdensome and duplicative flood elevation standards for FHA mortgage insurance eligibility. The current flood elevation requirements for newly constructed homes, which is the product of recent rulemaking, results in both price increases and limitations on supply which conflict with the President’s agenda. The Federal Emergency Management Agency (FEMA) enforces flood standards primarily by setting minimum requirements that communities participating in the National Flood Insurance Program (NFIP) must adopt and enforce through local ordinances. FEMA has established that construction of a residential building in an identified Special Flood Hazard Area (SFHA) with a lowest floor below the Base Flood Elevation (BFE) level is a violation of the floodplain management requirements set forth at 44 CFR 60.3(c)(2), unless the community has obtained an exception to NFIP requirements from FEMA and has approved procedures in place. Therefore, it is unnecessary for FHA to maintain its own flood elevation standard at 24 CFR 200.926d(c)(4) while FEMA NFIP is best positioned with the expertise to establish and manage new construction flood risks.

 
Agency: Department of Housing and Urban Development(HUD)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 14192 Designation: Deregulatory 
CFR Citation: 24 CFR 200.926d(c)(4)   
Legal Authority: 12 U.S.C. 1702-1715z-21    42 U.S.C. 3535(d)   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  09/00/2025 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Brian Faux
Director, Office of Single Family Program Development
Department of Housing and Urban Development
Office of Housing
451 7th Street SW,
Washington, DC 20410
Phone:202 402-2186