FEMA Levee Certifications - CFR Part 65
FEMA Levee Certifications - CFR Part 65
(OP)
I'm doning a reseach project to determine what other consulting companies are doing with respect to the "Certification by Registered Professional Engineer and/or Land Surveyor" as required by FEMA to issue Letter of Map Revision Based on Fill (LOMR-F) to revise a flood map based on construction of a levee. As many of you probably know "certfiy" is a very bad word as far as professional liability insurance carriers are concerned. Using it will generally result in NO insurance coverage for a project. FEMA has attempted to provide cover to the engineer by defining certify, however, we all know that the courts can choose to ignor such things.
My company has performed levee work for many decades, however, the subject has come up as to whether we want to continue performing this work. I'm very interested in what other consulting engineers are doing? Are there concerns about liability exposure doing levee design and having to certify the levee for FEMA?
I also posted this to the stormwater/floodplain forum, but double posted here to increase the number of folks likely to see it.
My company has performed levee work for many decades, however, the subject has come up as to whether we want to continue performing this work. I'm very interested in what other consulting engineers are doing? Are there concerns about liability exposure doing levee design and having to certify the levee for FEMA?
I also posted this to the stormwater/floodplain forum, but double posted here to increase the number of folks likely to see it.





RE: FEMA Levee Certifications - CFR Part 65
f-d
¡papá gordo ain't no madre flaca!
RE: FEMA Levee Certifications - CFR Part 65
RE: FEMA Levee Certifications - CFR Part 65
RE: FEMA Levee Certifications - CFR Part 65
The definition of certify in 65.2 is not too onerous (in my opinion), but the reluctance to "certify" (regardless of definition) by most A/E firms is related to the potential for third-party lawsuits (i.e. the people behind the levees who sue all involved when the levee overtops). The large expense of a lawsuit is in defending it - not in "winning" or losing.
We (9000 person US/Canada firm) have decided NOT to get in the business of certifying levees. In my discussions with USACE HQ folks in the levee business they say they have found few firms are willing to do it (the number at the time was 2).
RE: FEMA Levee Certifications - CFR Part 65
RE: FEMA Levee Certifications - CFR Part 65
I would refer all engineers to the Code of Ethics of the
ASCE, a section of the first canon is excerted here: Engineers shall recognize that the lives, safety, health and welfare of the general public are dependent upon engineering judgments, decisions and practices incorporated into structures, machines, products, processes and devices.
RE: FEMA Levee Certifications - CFR Part 65