National Flood Insurance: The Biggert-Waters Act of 2012

HurricaneThe National Flood Insurance Program (“the Program”) was created by Congress in 1968 to mitigate the financial impact of floods on residents and communities. It also encouraged smarter planning choices [and discouraged some development] in areas with an unacceptable risk of flooding. The NFIP is controlled by the Federal Emergency Management Agency (“FEMA”).

Since the insurance premiums were subsidized by the federal government [i.e. us, the taxpayers] the cost was relatively tolerable for homeowners located in high risk areas. On July 6, 2012, the Bigger-Waters Act was passed.  It  implemented a number of changes to the Program, but the most significant for sellers, buyers and their real estate agents is the phase-out of flood insurance subsidies for certain property owners. The rationale for the phase-out was twofold: (a) To bring in more revenue for FEMA; and (b) To make the cost of flood insurance more accurately reflect the actuarial risk. [To continue, go to Q-Law Articles, here.]