The following list provides examples of activities that are not eligible for HMA:
- Activities that do not reduce the risk to people, structures or infrastructure.
- Activities that are dependent on a contingent action to be effective and/or feasible (i.e., not a stand-alone mitigation activity that solves a problem independently or constitutes a functional portion of a solution).[100]
- Projects with the sole purpose of the open space acquisition of unimproved land.[101]
- Property acquisition projects that do not maintain open space in perpetuity according to the requirements of 44 CFR Part 80.
- The cost of any functionality or finishing not directly required for meeting FEMA-approved performance criteria, such as interior or exterior decorative elements and fixtures and floor treatments.
- Projects for which actual physical work, such as groundbreaking, demolition or construction of a raised foundation, has occurred prior to award or final approval, with two exceptions:
- Properties where private individuals have demolished damaged structures using private assistance or other non-federal assistance prior to application for HMA are eligible for inclusion in HMA project applications if the demolition is not connected to the project.
- Projects for which demolition and debris removal related to structures proposed for acquisition or mitigation reconstruction has already occurred may be eligible when such activities were initiated or completed under the FEMA Public Assistance (PA) program to alleviate a health or safety hazard as a result of a disaster.
- Activities that establish hazard mitigation revolving loan funds.[102]
- Activities required as a result of negligence or intentional actions that contributed to the conditions to be mitigated; activities intended to remedy a code violation; or the reimbursement of legal obligations, such as those imposed by a legal settlement, court order or state law.
- All projects located in Coastal Barrier Resources System units, other than property acquisition for open space or nature-based stabilization projects provided they qualify for one of the exceptions in Section 6 of the Coastal Barrier Resources Act.[103] For more information, refer to Part 12.
- Projects located in Otherwise Protected Areas that require flood insurance after project completion.
- Activities associated with facilities or land owned by another federal entity where the specific authority relating to the activities lies with another federal entity.
- Retrofitting facilities primarily used for religious purposes, such as places of worship (or other projects that solely benefit religious organizations). However, a place of worship may be included in a property acquisition and structure demolition or relocation project provided that the project benefits the entire community, such as when a significant part of the community is being removed from the hazard area.
- Activities that only address manmade hazards.
- Landscaping for ornamentation (e.g., trees, shrubs).
- Site remediation of hazardous materials (except for eligible activities, such as the abatement of asbestos and/or lead-based paint and the removal of household hazardous wastes for disposal at an approved landfill).
- Projects that address water quality improvement without mitigating hazards to water quality infrastructure.
- Projects that primarily address ecological or agricultural issues.
- Forest management.
- Prescribed burning or clear-cutting.
- Creation and maintenance of access roads or staging areas for wildfire response equipment.
- Creation and maintenance of fire breaks.
- Irrigation systems.
- Preparedness and response measures and equipment. (e.g., construction of emergency operations centers and fire stations; installation or purchase of sandbags, bladders, geotubes, and interoperable communications equipment; development/offering of response training).
- Projects that, without an increase in the level of protection, address the operation, deferred or future maintenance, rehabilitation, restoration or replacement of existing structures, facilities or infrastructure (e.g., dredging; debris removal; replacement of obsolete utility systems or bridges; or maintenance/rehabilitation of facilities, including dams and other flood risk reduction structures).
- Activities that address unmet needs from a disaster that are not related to mitigation.
- Studies not directly related to the design and implementation of a proposed mitigation project.
- Activities excluded from funding because of duplication of programs or duplication of benefits. For more information refer to Part 4.K.
FEMA may, at its discretion, choose not to fund activities subject to ongoing litigation if such litigation may affect the eligibility of the activity or may substantially delay implementation of the activity. All projects must also comply with any additional project-specific guidance provided in Part 11 or Part 12.