PolicyBrief
H.R. 3161
119th CongressMay 1st 2025
Preventing Environmental Hazards Act of 2025
IN COMMITTEE

The "Preventing Environmental Hazards Act of 2025" amends the National Flood Insurance Act to provide coverage for demolition or relocation of structures imminently threatened by collapse or subsidence due to shoreline erosion, setting payment guidelines and limitations.

Gregory Murphy
R

Gregory Murphy

Representative

NC-3

LEGISLATION

Coastal Homes Crumbling? New Bill Offers Cash to Demolish or Move, But It's a One-Way Street for Flood Aid

The "Preventing Environmental Hazards Act of 2025" proposes a significant shift in how the National Flood Insurance Program (NFIP) handles coastal properties teetering on the brink of collapse due to shoreline erosion. If an insured home is officially deemed unsafe because it's about to fall into the water or the land underneath is giving way, this bill outlines a plan for the NFIP to pay for either its demolition or relocation, with claims capped at $250,000 or the policy limit, whichever is less. The core idea is to offer a proactive solution before a total loss, but it comes with some serious fine print.

The Demolition or Relocation Deal: How It Works

So, your coastal property is insured and now authorities say it's in imminent danger from erosion. What does this bill offer? It amends Section 1306 of the National Flood Insurance Act of 1968 to provide two main paths:

  • Demolition: You could get 40% of the structure's determined value upfront to tear it down. If you complete the demolition within six months of that first payment, you'd then receive the remaining 60% of its value, or the actual cost of demolition – whichever amount is less.
  • Relocation: If moving the structure is feasible, the bill allows for a payment of up to 40% of its value, but this payment cannot exceed the actual cost of the relocation itself.

There's a critical timing element. The bill states if the structure collapses anyway, or if six months tick by before demolition or relocation happens, and the Administrator (likely FEMA, which runs the NFIP) decides the owner didn't take "reasonable action," then the payout is limited to that initial 40% demolition amount. What constitutes "reasonable action" isn't defined in this text, leaving it open to future regulation or interpretation.

What's It Worth, and What's Not Covered?

The bill specifies how the "value of a structure" will be calculated for these payouts. It's not necessarily what you think it's worth or its Zillow estimate. Instead, it's the lowest of these three:

  1. The fair market value of a similar structure not facing collapse.
  2. The original price paid for the structure plus any improvements, adjusted for inflation.
  3. The structure's value as listed under its flood insurance contract.

And remember that $250,000 cap (or your policy's coverage limit, if it's lower). A crucial point for homeowners: this financial assistance explicitly does not cover loss or damage to the contents of the structure. So, furniture, appliances, personal belongings? You're on your own for those under this specific provision.

The Catch: Eligibility and The Point of No Return

Not everyone with an eroding coastline property will qualify. To be eligible, the structure must have been covered by an NFIP policy for a specific duration: either for 12 months on or before the Act's enactment date, or for a continuous period of four years before the property is officially certified as being in imminent danger. This targets properties with existing, longer-term flood insurance.

The biggest kicker, however, is what happens after a payout. Once a final determination is made and funds are provided for a structure under this section, that's it. The bill states, "no further flood insurance coverage or disaster assistance under the Disaster Relief Act of 1974 will be available for the same structure or any structure on the remaining land." This means taking this deal renders that specific piece of land, and any structure on it, ineligible for future NFIP coverage or federal disaster aid. It’s a permanent decision for that property parcel, potentially impacting its future use and value significantly.

Rules in the Making, But Action Now?

The Administrator is tasked with issuing regulations to implement all this. However, the bill also includes a clause stating that prior to these detailed regulations being finalized, "all provisions of this subsection apply to any structure imminently threatened by shoreline erosion." This suggests the core framework could be active from the get-go if the bill passes, even while the finer points are still being hammered out. This could create an interim period where homeowners and authorities are navigating new rules without the full playbook, especially concerning that "reasonable action" clause. For folks facing these dire situations, understanding these proposed changes is critical, as it could mean the difference between a partial financial lifeline and a total loss, but also a permanent change to their property's future.