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Chapter 7 › XIII.C Emergency Protective Measures on Private Property

Can we do emergency work on private property?

FEMA term
Emergency protective measures on private property
Short answer

In limited cases: when the threat is so widespread it endangers the general public, you have legal authority to do the work, and you have rights-of-entry and agreements holding the federal government harmless.

What FEMA requires

Typical situations:

  • Demolishing unsafe private structures;
  • Removing animal carcasses;
  • Emergency access;
  • Pumping septic tanks or decontaminating wells that threaten pollution;
  • Building safety inspections; and
  • Slope stabilization. (Operation Blue Roof is federal direct assistance only.)

If the criteria aren’t met, the owner may qualify for Individual Assistance instead.

Documentation

Your legal authority to enter private property, the basis for finding a threat to the general public, and copies of rights-of-entry and hold-harmless agreements.

Watch out · Govstar practitioner advice

Use a standard right-of-entry form with hold-harmless language and keep a signed copy for every parcel.

Govstar summarizes FEMA’s Public Assistance Program and Policy Guide in plain language and links to the official text. Govstar is independent and not affiliated with FEMA. This is general guidance, not legal advice.