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Williston seeks federal help after Corps reclassifies levee; commission approves Nexxus contract
Summary
After the U.S. Army Corps of Engineers stopped recommending Williston's levee for FEMA accreditation and began classifying it as a 'dam,' the City Commission approved a one-year contract with Nexxus Consulting at $7,500/month to pursue federal authorization and appropriations and to ask for a delay in FEMA remapping.
City Administrator Shawn Wenko told the Board of City Commissioners on Dec. 9 that newly completed flood-risk modeling and sediment buildup have prompted the U.S. Army Corps of Engineers to withdraw its recommendation that Williston’s levee be accredited for FEMA flood protection and to reclassify the levee as a "dam," a designation that brings more restrictive federal oversight.
Wenko said the Corps’ change could prompt FEMA remapping that would place roughly 400 to 500 structures — including critical public facilities such as fire stations, schools, clinics and the city’s water and wastewater plants — into high-risk flood zones. That, he said, would trigger mandatory flood insurance, tighter development rules and higher costs for public facilities.
The city’s consultant, David (Dave) Tuan of AE2S, told commissioners the Corps did a study in 2010 and that the city has not been provided full details of more recent Corps work. Tuan said the Corps’ current stance leaves the city with limited administrative paths for rapid corrective action and that long timelines for Corps-authorized construction could exceed a decade without congressional action.
Tracee Sutton of Nexxus Consulting told the commission that Congress considers the Water Resources Development Act (WRDA) approximately every two years and that the 2026 cycle provides an opportunity to seek language and appropriations under the Corps’ National Dam Safety Program. "Every two years, Congress considers the Water Resources Development Act (WRDA) that authorizes water resources projects through the Corps of Engineers," Sutton said, describing the firm’s approach to drafting authorization language and pursuing annual appropriations and Corps coordination.
Given the complexity and time sensitivity, Wenko recommended hiring Nexxus on a one-year professional services agreement at a flat $7,500 per month, plus reimbursable expenses, with a 30-day termination clause. The contract would be used to engage the congressional delegation, Corps and FEMA leadership, and to press for prioritization and funding while the city and AE2S refine corrective strategies. Commissioners approved the agreement subject to attorney review, unanimously.
Why this matters: Federal authorization and appropriations are the principal mechanisms for accelerating Corps projects and tapping National Dam Safety Program funds. Nexxus’s work would be advocacy and coordination; Wenko noted that the city intends to pursue federal reimbursement of eligible costs but that reimbursement is not guaranteed.
Next steps: City staff and AE2S will coordinate Nexxus’s outreach to the North Dakota congressional delegation and the Corps, pursue WRDA language and seek to influence annual appropriations timing to shorten rehabilitation timetables and request a delay in any FEMA remapping while corrective steps are underway.
