Mitigation Planning Laws, Regulations, and Guidance

• Laws
• Regulations
• Guidance
• Policies

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Laws

• State, Tribal, and local governments are required to develop a hazard mitigation plan as a condition for receiving certain types of non-emergency disaster assistance, including funding for mitigation projects. The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288), as amended by the Disaster Mitigation Act of 2000, provides the legal basis for State, local, and Tribal governments to undertake a risk-based approach to reducing risks from natural hazards through mitigation planning.

Regulations

• The requirements and procedures for State, Tribal and Local Mitigation Plans are found in the Code of Federal Regulations (CFR) at Title 44, Chapter 1, Part 201 (44 CFR Part 201).
   
• The rule changes below show the historical record of the mitigation planning regulations and have been incorporated in, or superseded by, the current regulations:
  • February 26, 2002, Interim Final Rule (67 FR 8844): State and local planning requirements, funding authorization and increases
  • October 1, 2002, Interim Final Rule (67 FR 61512): Deadline extension
  • October 28, 2003, Interim Final Rule (68 FR 208): Local plan requirement clarification
  • September 13, 2004, Interim Final Rule (69 FR 55094): State and Tribal extension option
  • October 31, 2007, Interim Final Rule (72 FR 61720): Local plan requirements for flood hazards and new Tribal Mitigation Plan type
  • October 31, 2007, Final Rule (72 FR 61552): Final Rule without change
  • September 16, 2009, Final Rule (74 FR 47471): Final Rule with technical corrections

Guidance

FEMA's Multi-Hazard Mitigation Planning Guidance is the official guidance for State, local, and Tribal governments to meet the requirements of the Mitigation Planning regulations under the Stafford Act and 44 CFR Part 201.

• State Multi-Hazard Mitigation Planning Guidance
• Local Mitigation Plan Review Guide (English)
• Local Mitigation Plan Review Guide (Spanish)
• Local Mitigation Planning Handbook (FP 302-094-1)
• Tribal Multi-Hazard Mitigation Planning Guidance

Policies

FEMA policies are external, authoritative statements that articulate FEMA's intent and direction to guide decision-making and achieve rational outcomes for agency activities.

• Mitigation Planning Memorandum (MT-PL) #1: Disaster Declaration Procedures After May 1, 2005 for States Without an Approved State Mitigation Plan (04/13/2005)
• Mitigation Planning Memorandum (MT-PL) #1A: Implementation Procedures for States, Territories, and Indian Tribal Governments Without an Approved State Mitigation Plan - Follow-up Guidance (Attachment) (05/2/2005)
• Mitigation Planning Memorandum (MT-PL) #2: Guidance for FEMA Regional Directors Regarding Extraordinary Circumstances under which an HMGP Project may be awarded to Local Jurisdictions without an Approved Local Mitigation Plan (10/28/2005)
• Mitigation Planning (MT-PL) Memorandum #-5: Guidance to FEMA Regions and States for Updating Standard State Multi-Hazard Mitigation Plans (11/6/2006)
• Mitigation Planning (MT-PL) Memorandum #7: Blue Book Guidance to FEMA Regions and States for New and Updated Enhanced State Multi-Hazard Mitigation Plans (07/10/2007)
• Mitigation Planning Memorandum (MT-PL) #8: Obligation of Grants to States, Territories and Indian Tribal Governments with Expired Hazard Mitigation Plans (11/14/2007)
• Mitigation Planning (MT-PL) Memorandum #8A: Sample Language to include in Letter to Governor about Expiring State Plans (Attachment) (11/14/2007)
• Mitigation Planning (MT-PL) Memorandum #9: Implementation of State Mitigation Plan Requirement for Severe Repetitive Loss Strategy (01/11/2008)
• Mitigation Planning (MT-PL) Memorandum #10: Obligation of Grants for Local and Indian Tribal Governments with Expired Hazard Mitigation Plans (02/20/2008)
• Mitigation Planning (MT-PL) Memorandum #10A: Sample Language for Letter to State Emergency Management Director from FEMA Region Regarding Expiring Local and Tribal Mitigation Plans (Attachment) (02/20/2008)
• Mitigation Planning (MT-PL) Memorandum #14: Enhanced Mitigation Plan Review Procedure (12/06/2010)
• Mitigation Planning (MT-PL) Memorandum #15: Local Mitigation Plan Review Guide (09/30/2011)