A FEMA requirement for towns to approve a standalone floodplain bylaw missed the 2025 Annual Town Meeting (ATM) article cutoff submission date by one day. Because the changes were due on July 8, 2025, the Conservation Commission (ConCom) voted to approve amendments to the Town’s Chapter 194 existing wetland protection regulations.
As a stopgap measure, Eric Carlson from the state’s Flood Hazard Management Program (FHMP) amended the town’s Chapter 194 regulations to comply with FEMA’s model floodplain bylaw requirements as an acceptable alternative to adopting a new bylaw until the ConCom can develop a new standalone floodplain bylaw for 2026 ATM for approval. ConCom made no substantial changes.
A new 2026 bylaw will be harmonized with current zoning bylaws and floodplain demarcated districts. For now, separate local and federal floodplain definitions will be included in the Chapter 194 regulations, which ConCom will remove once the new bylaw can be enacted to permit standalone floodplain regulations (more information at
tinyurl.com/WPChapter194)
Enacted at the 2002 ATM, the Chapter 194 Bylaw (Wetlands and Water Resources Protection) provides greater protections for wetlands and water resources beyond those afforded in the Wetlands Protection Act and wetlands regulations promulgated by the Massachusetts Department of Environmental Protection. (see tinyurl.com/WPWetlandsEcode).
The National Flood Insurance Act of 1968 launched the FEMA-managed National Flood Insurance Program to provide flood insurance to property owners, renters, and businesses in high-risk flood areas that would otherwise be difficult to insure. Congress made significant changes to the program in 1973, 1994, 2004, 2012, and 2014 (see tinyurl.com/wpfemaflood), with the goals of ensuring the program’s fiscal soundness while still balancing insurance affordability.
FEMA requires non-critical projects to be protected to the 1% annual chance (100-year) flood to minimize flood risk. Construction of new fire and police stations, hospitals and facilities that store hazardous materials are deemed a critical project and have to be protected against the 0.2% annual chance (500-year) flood. This standard reflects only the current flood risk.
President Trump’s Executive Order 14148 revoked President Biden’s 2021 Executive Order, thereby rescinding new Federal Flood Risk Management Standards (FFRMS). The FFRMS, which had taken effect on September 9, 2024, required that projects built using FEMA funds model not only for previous and current levels of local flood risk but also take into account the risk of predicted flooding due to climate change.
