1. What is an appeal?

    An appeal is a formal written objection to the addition/modification of preliminary Base Flood Elevations/Flood Depths, Special Flood Hazard Area (SFHA) boundaries, Zone designations, or regulatory floodway boundaries depicted on the preliminary FIRMs your community received.

    For FEMA to consider an appeal, it must be accompanied by data and documentation indicating that the proposed new or modified flood hazard information shown on the preliminary products is scientifically or technically incorrect. The information submitted by the appellant should indicate a modification or update to the information used to prepare the preliminary FIRM and/or FIS report.

    Appellants must demonstrate better methodologies, assumptions or data exists and provide alternative analyses or data used to develop the new or updated flood hazard information on the preliminary FIRM with their appeal package. In order for FEMA to incorporate this information, the data provided will be reviewed to see if the information submitted is scientifically and technically sound and whether any alternate analysis/data provided results in a change to the proposed BFEs, base flood depths, SFHA boundaries or zone designations and/or the regulatory floodways shown on the preliminary FIRM and/or FIS report.

    2. What parts of the maps are eligible for appeal?

    Areas eligible for appeal include:

    • Streams with changes to Base Flood Elevations, (Zone AE and Zone AH areas),
    • Flooding/Ponding areas with changes to base flood depths (Zone AO areas),
    • Flooding sources with changes to SFHA boundaries,
    • Modification/addition of Zone designations, and/or
    • Modification/addition of the regulatory floodways depicted on the FIRMs.

    3. When do appeals or comments need to be submitted:

    All appeals with supporting data or comments must be received by FEMA during the 90-day formal period, beginning DATE and ending DATE.

    4. How does the appeal get reviewed?

    Property owners and residents may appeal the new flood hazard information shown on the preliminary FIRM by submitting scientific or technical information as indicated above to the Floodplain Administrator. County staff will forward this information to FEMA for review. FEMA will respond to all appeals through formal written correspondence to both the community and the original appellants. If warranted, FEMA will revise the preliminary FIRM and/or FIS report to reflect the information submitted in support of the appeal and provide copies of these materials with the appeal resolution letter.

    5. What is a comment?

    A comment is an objection to a base map feature modification/addition, update to the FIS report materials or any other non-appealable change. Comments usually involve changes to items such as road locations and road names, corporate limits updates, or other base map features.

    If needed, property owners and other residents should submit a map or other materials showing more up-to-date information on such features to their community CEO or other designated community official. The community will then consolidate all comments and appeals received related to the preliminary FIRM and FIS report and provide to FEMA. FEMA may use the submitted information to revise the preliminary FIRM and/or FIS report, or will explain why no changes could be made.

    6. Can I appeal to have my lot or structure removed from the floodplain?

    Please note that due to map scale limitations, requests that involve individual lots or structures believed to be incorrectly shown within the SFHA on the preliminary FIRM typically cannot be resolved through the appeal process. However, individual homeowners or renters may submit mapping and survey information to FEMA to request a Letter of Map Change (LOMC). More information about the various types of LOMCs and submittal requirements is available at https://www.fema.gov/flood-maps/change-your-flood-zone/loma-lomr-f.

    7. Where can I view the map changes?

    There are several locations where the changes can be viewed. The best way to obtain map information is by contacting Missoula County Floodplain Administration: floodplain@missoulacounty.us, (406) 258-4567, 131 E. Main St.

    8. What is my role as a property owner?

    Missoula County and FEMA welcome public input on the preliminary FIRMs and FIS report through the appeals process. Additional information provided can result in more accurate maps and better informs a community and its residents of flooding risk.

    If a property owner or other resident would like to submit an appeal or comment, they must submit their written request along with the required support data and documentation to the Floodplain Administrator.

    9. Why are comments and appeals being considered?

    These maps, once finalized, serve as the basis for our community’s floodplain management program and serve as a tool that identifies areas prone to flooding within our community. Having more accurate flood hazard products helps inform our community about flood risk for public health and safety. If there are possible errors in the maps, or if there is potentially better information available, then it is important to ensure this information is reviewed and potentially incorporated to have the most reliable flood hazard information possible.  

    10. Who makes the decision on an appeal?

    The Federal Emergency Management Agency is the reviewer and decision maker regarding appeals.

    11. What happens after the 90-Day Appeal Period is over?

    After the 90-day appeal period is over and all objections have been addressed, FEMA will issue a Letter of Final Determination (LFD) to community officials. The LFD signifies the start of a six-month “adoption/compliance period”. During this period, FEMA prepares the digital maps and FIS reports in final form and prints and distributes them several months before the map effective date for local review. At the end of the adoption/compliance period, the county must have incorporated the new maps into regulations, and the new digital FIRM and FIS will become effective.

    12. Who makes the decision on whether the maps are final?

    The Federal Emergency Management Agency is the decision maker on whether the maps will be finalized under the National Flood Insurance Program. Missoula County will be required to adopt regulations that reference the maps in order to continue participation in the NFIP.

    13. Can I appeal a final determination made by FEMA?

    Under the provisions of Section 67.12 of the NFIP regulations, an appellant who is aggrieved by the final determination by FEMA may, within 60 days of receipt of the Letter of Final Determination, appeal the final determination to the U.S. District Court for the district in which the community is located. While the appeal is being reviewed by the U.S. District Court, the final determination by FEMA will be effective, unless it is stayed by the Court for good cause shown

    14. My property was already approved for Letter of Map Change. Is it still valid?

    Please contact floodplain administration to review the Preliminary Summary of Map Actions and whether a previously issued Letter of Map Change will be revalidated or superseded when the new maps become effective.