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Reconstruction of Eroded Road Shoulders
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Cross-Reference: Eligible Repair, Codes and Standards
Summary: As a result of the winter storms of 1995, high water runoff from the surrounding areas eroded the unpaved shoulders along selected streets in the City of Hesperia. Repair of the damaged shoulders was found eligible by FEMA. However, the eligible scope of work was limited to repair the shoulders to pre-disaster design. The subgrantee has requested that work should be performed to current codes and standards, which require the construction of paved road shoulders. FEMA has determined that the referenced standard applied only to new construction, and not to repairs such as proposed in the DSRs.
Issues: Should FEMA place asphalt concrete (AC) road shoulders or swales to repair previously unpaved shoulders?
Findings: No. The shoulders were not protected with AC pavement prior to the disaster and there is no applicable and adopted standard that would require such work. The City does not have a written and adopted standard for repairing damaged road shoulders. Funding should be limited to restore the road shoulders to pre-disaster conditions.
Rationale: For costs associated with an applicant's standards which change the pre-disaster construction of the facility, such standards must be in writing and formally adopted by the applicant prior to project approval per 44 CFR 206.226(b).
Second Appeal Summary
FEMA-1044-DR
PA ID# 071-33434; City of Hesperia
DSR ID# Multiple; Reconstruction of Eroded Road Shoulders
08/20/1997
Citation: FEMA-1044-DR-CA; City of Hesperia; DSRs 25687, 25689, 25690, 25691, 95393, 96512, 96513, 96517, 96518, and 96519PA ID# 071-33434; City of Hesperia
DSR ID# Multiple; Reconstruction of Eroded Road Shoulders
08/20/1997
Cross-Reference: Eligible Repair, Codes and Standards
Summary: As a result of the winter storms of 1995, high water runoff from the surrounding areas eroded the unpaved shoulders along selected streets in the City of Hesperia. Repair of the damaged shoulders was found eligible by FEMA. However, the eligible scope of work was limited to repair the shoulders to pre-disaster design. The subgrantee has requested that work should be performed to current codes and standards, which require the construction of paved road shoulders. FEMA has determined that the referenced standard applied only to new construction, and not to repairs such as proposed in the DSRs.
Issues: Should FEMA place asphalt concrete (AC) road shoulders or swales to repair previously unpaved shoulders?
Findings: No. The shoulders were not protected with AC pavement prior to the disaster and there is no applicable and adopted standard that would require such work. The City does not have a written and adopted standard for repairing damaged road shoulders. Funding should be limited to restore the road shoulders to pre-disaster conditions.
Rationale: For costs associated with an applicant's standards which change the pre-disaster construction of the facility, such standards must be in writing and formally adopted by the applicant prior to project approval per 44 CFR 206.226(b).

