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Chapter 4 › II.B.3.v–viii Jurisdiction, Private Property, Other Federal Agencies, EHP

Can FEMA fund work on private property, or work another federal agency covers?

FEMA term
Private property; work under the authority of other federal agencies; EHP requirements
Short answer

Usually not. Work on private property is the owner’s responsibility and generally ineligible, with rare exceptions where you have legal authority to do it. If another federal agency has more specific authority over a facility or type of work, FEMA will not fund it, even if that agency does not pay. Apply to that agency instead.

What FEMA requires

  • Private property: generally ineligible. In rare cases FEMA funds specific limited activities, and you must at minimum have legal authority to do them. FEMA reviews your legal basis and specific authority. See private property debris removal and emergency protective measures on private property in Chapter 7.
  • Other federal agencies: FEMA will not fund facilities or work where another agency’s authority is specifically and exclusively for that type of facility or work, applies to Stafford Act declarations, is specific to the incident or incident type, or was directed by Congress. That includes related activities and costs, even if the other agency provides no funding.
  • Environmental and historic preservation: FEMA reviews every project for compliance with federal EHP laws, regulations and executive orders. You must comply with applicable federal, state, tribal and territorial EHP laws even for work FEMA is not funding. See Chapter 10.

Documentation

Your legal authority for any work on private property, such as the statute or ordinance that allowed it; for work outside your jurisdiction, the agreement or legal basis; and any correspondence with another federal agency about whether its program covers the facility or work.

Watch out · Govstar practitioner advice

Federal-aid highways (FHWA Emergency Relief) are the classic example: FEMA will not fund them even if the other agency’s funding falls short. Identify any overlapping federal program early and file with that agency on time.

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.