Roads, Pre-Disaster Conditions

Predisaster Condition

HEADNOTES

Per 44 C.F.R. § 206.226, FEMA may provide funding to restore an eligible facility on the basis of the design of that facility as it existed immediately prior to the disaster. The PA Guide states that for facilities such as gravel roadways, which require routine maintenance to maintain their designed function, it may be possible to review predisaster maintenance or inspection reports to verify the predisaster condition and assess eligible disaster damage. It is the applicant’s responsibility to demonstrate that damages are disaster-related. The only support documentation the Applicant provided showing predisaster maintenance was its repair material purchase invoices from 2012-2014. These documents do not show where or in what manner the Applicant used the material to maintain its road network. The Applicant did not provide other documentation (such as road maintenance or inspection reports) that could be used to demonstrate routine maintenance of its roads or establish predisaster conditions.

CONCLUSION

: Arthur County (Applicant) did not demonstrate routine predisaster maintenance of its gravel road network. As such, FEMA cannot verify predisaster conditions nor that damages were a direct result of the disaster.

AUTHORITIES

44 C.F.R. §§ 206.223(a)(1), 206.226. Public Assistance Guide, at 33. Village of Waterford, FEMA-4020-DR-NY, at 4. City of Napa, FEMA-1628-DR-CA, at 2.

44 C.F.R. §§ 206.223(a)(1), 206.226
Roads, Pre-Disaster Conditions