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Belmont officials say FEMA demands may force court action in Gardeners Grove flood case
Summary
Town staff told selectmen FEMA requires any homeowner remediation plan to be FEMA-approved and warned continued noncompliance threatens federal flood insurance for affected properties; board discussed giving the homeowner 30 days to respond but noted litigation would be costly.
At a meeting update about 190 Gardeners Grove, town staff (S1) and an agency official (S3) told the board that FEMA had insisted any remediation plan for the property must be approved by FEMA and cautioned that failure to comply could lead to probation or cancellation of federal flood insurance for affected properties in town.
"If there is any remediation plan, that plan has to be approved by him before anything happens to the property," the agency official said, summarizing FEMA's position.
According to the agency official, the homeowner told town staff he had not opened prior mailed notices and requested 30 days to review materials and consult an attorney. Board members agreed to give the homeowner 30 days but planned to follow up directly at that deadline.
Board members weighed options including pursuing court action if the homeowner does not comply. The agency official told the board that taking the matter to court would likely be costly and that the town's prospects for a successful challenge appeared limited; the official said the likely outcome would be that the town would incur legal fees while FEMA's designation and insurance restrictions remain in effect.
The board discussed whether the town's existing legal firm could represent the town in this specialized matter and whether outside counsel with relevant federal-flood plain experience should be retained. No final legal retention decision was recorded at the meeting.
The board directed staff to monitor the homeowner's response and to return with options following the 30-day period.
