Post Wildfire Exception

Post-Wildfire Exception Eligibility

New policies for flood insurance become effective following a 30-day waiting period; however, the Biggert-Waters Flood Insurance Reform Act of 2012 (BW-12) provides an exception related to flooding caused by post-wildfire conditions, referred to as the Post-Wildfire Exception. Claims Manual Under the Post-Wildfire Exception, the 30-day waiting period may not apply to new policies (or endorsements that add or increase coverage) when the following requirements are met:

  1. The insured property is privately-owned (i.e., property not owned by a federal, state, local, territorial, or tribal government);
  2. Post-wildfire conditions on federal lands caused or worsened the flooding; and
  3. The policyholder purchased the new, additional, or increased coverage either: 
      a.    On or before the fire containment date; or 
      b.    During the 60-calendar-day period following the fire containment date. 
     

Insurer Responsibility

Coverage becomes effective 12:01 a.m. (local time) on the first calendar day after the Application (endorsement request) date and payment of the premium. 

Determining Containment Date

For the purposes of the Post-Wildfire Exception, the federal agency responsible for the land on which the post-wildfire conditions existed determines the fire containment date. Containment dates can be found at InciWeb the Incident Information System (wildfire.gov).

Adjuster Responsibility

NFIP authorized adjusters are responsible for investigating and making recommendation to the NFIP insurer on whether the flood was caused or exacerbated by post-wildfire conditions on Federal land, including confirming the date of loss. This information is necessary for the insurer to confirm if the post-wildfire exception applies. 

Assistance with Proper Application

FEMA supports the application of the Post-Wildfire Exception by tracking containment dates for wildfires occurring on federal lands to determine whether post-wildfire conditions caused or exacerbated a flood to private property. Insurers may request assistance with the proper application of the Post-Wildfire Exception by contacting FEMA-FIDClaimsMailbox@fema.dhs.gov.

 

For up-to-date information on active wildfires on Federal land, including start and containment dates, please see InciWeb the Incident Information System (wildfire.gov)