Costs of upgrades required by codes or standards that change the predisaster construction of a facility must meet the five eligibility criteria found at 44 C.F.R. § 206.226(d). The Applicant has not substantiated that codes and standards require the increased quantities and upgraded materials for the sidewalk, curb, gutter, and guardrail. Plantings may be eligible when they are part of the restoration of an eligible facility for the purpose of erosion control, to minimize sediment runoff, or to stabilize slopes. Long-term monitoring to ensure vegetative growth is not eligible, even if it meets this requirement. With the exception of identified long-term maintenance to ensure vegetative growth, the landscaping to control erosion and minimize sediment runoff is eligible. Applicants must identify and report all disaster-related damage to FEMA within 60 days. The Applicant did not timely identify claimed disaster-related damage necessitating the retaining wall and has not demonstrated extenuating circumstances for this delay.

The Applicant has not substantiated that codes and standards require the proposed improvements to the sidewalk, curb, gutter, and guardrail. The Applicant also did not identify claimed disaster-related damage to the beach access staircase until after the required 60-day deadline and has not demonstrated extenuating circumstances justifying the delay. However, the Applicant has demonstrated that the landscaping work required for the purpose of erosion control is eligible. Therefore, this appeal is partially granted in the amount of $18,350.00.

Stafford Act §§ 406(a)(1)(A), 406(e)(1). 44 C.F.R. §§ 206.202(d)(1)(ii), 206.202(f)(2), 206.206(a), 206.226(a),(d). PAPPG, at 89, 95, 127, 134-35. Twp. of Pultney, FEMA-4424-DR-OH, at 3.