About the program

The Metropolitan Water Reclamation District of Greater Chicago (MWRD) can help local government organizations pay for the voluntary acquisition of flood-prone property in Cook County.

Some homes located within the floodplain sustain repetitive damage from multiple flood events. The FPPA program helps local municipalities acquire these properties in flood-prone areas from willing sellers and restore the property as green space that can better manage stormwater.

The MWRD regularly reviews applications and prioritizes projects for partnerships. The selected partner is responsible for the overall acquisition and demolition of the flood-prone property, converting the parcel to permanent open space for public use, and long-term maintenance of the parcel.

Program requirements

Who can apply?

Public entities that can enter into an Intergovernmental Agreement (IGA) with the MWRD. This includes municipalities, townships, and other government organizations.

What properties are eligible for voluntary acquisition?

A property must meet the following criteria to be eligible for the program:

• Be located within MWRD's Corporate Boundaries,
• Be privately owned and the owner has voluntarily agreed to sell,
• Contain structures that are at-risk of damage or destruction due to a flooding event,

Note: this does not include non-habitable accessory structures such as garages and sheds,

• The at-risk structures are located within FEMA's Special Flood Hazard Area or within MWRD's Detailed Watershed Plan Inundation Area,
• Will be converted into permanent, public, open-space consistent with MWRD's Model Deed Restriction,
• Has a benefit-cost ratio greater than 1.0.

How does MWRD provide funding assistance?

• Local sponsorship assistance     
  The MWRD reviews and sponsors applications from local governments applying to the federal acquisition program, which is run locally by the Illinois Emergency Management Agency. The MWRD provides reimbursement towards the applicant’s share of the property’s appraised value.
• Local government application     
  MWRD reviews and selects applications directly from local governments for flood-prone structures within their jurisdiction, reimbursing a percentage of the property’s appraised value.
• Evaluation for future opportunity
  Applicants who have identified properties affected by repetitive flooding but may not qualify under the FPPA program can request an evaluation to see if MWRD resources could support a future voluntary acquisition.

How can funding be used?

MWRD funding can only be used to reimburse the appraised value of the flood-prone property, as determined by the average of two appraisals obtained by the selected applicant. Selected applicants are responsible for all remaining costs associated with the acquisition. The following costs are not eligible for reimbursement:

• All costs associated with the real estate closing, including appraisals, legal fees, title fees, and taxes;
• Construction and demolition costs on the purchased property including any federal and state permit fees and conversion to open-space;
• Operations, maintenance, and other costs related to long term ownership of the acquired parcels.

MWRD will reimburse at least 75%, and up to 100%, of the appraised value based on the needs of the community and availability of funding. If the final sale price is higher than the appraised value, the selected applicant is responsible for paying the difference.

Reimbursements are made via an IGA Reimbursement Form and must be submitted within 90 days after acquisition. Supplemental documentation is required for reimbursement.

General partnership (IGA) requirements

Notification and Authority to Enter into an IGA
When funding becomes available through the FPPA program, the MWRD will notify applicants based upon the prioritization of the projects. Selected applicants, or “partners”, will enter into an IGA with the MWRD. These standard requirements are applicable to all acquisitions and will be included in the draft IGA.

Property acquisition, construction, demolition, conversion to open-space, and maintenance
Partners are responsible for the acquisition of the property, demolition of structures, conversion of the parcel to public open-space, and maintenance including:

• Obtaining appraisals,
• Making offers to the property owners,
• Acquiring and closing on the property,
• Obtaining all federal and state permits necessary for the project,
• Demolishing of any structures and utilities per local ordinances,
• Grading, seeding and restoration of the parcel, and
• Long-term ownership and maintenance of the of the parcel including any public improvements compatible with open space use.

Certified appraisals & appraised value
Partners are responsible for obtaining two appraisals from certified real estate appraisers. These appraisers must be pre-approved by the MWRD.

The appraised value offered to property owners will be based on the average of the two appraisals. Property owners have thirty days from the offer date to accept. If the final sale price is higher than the appraised value, the partner is responsible for paying the difference.

Closing documentation, warranty deed and deed restriction
Partners must provide the following documentation:

• Recorded warranty deed consistent with MWRD's Model Deed Restriction,
• Affidavit of Title, Title insurance policy, GAP Undertaking (as needed), ALTA Statements, and
• Closing statement and/or fully executed HUD statement for the acquired parcels.

Long term ownership & maintenance
Partners are responsible for routinely maintaining the parcels as permanent public, open space including:

• Routine maintenance of vegetation and any other public improvements compatible with public, open space use,
• No structures or features have been erected or built on site that is inconsistent with open space use and the MWRD's Model Deed Restriction,
• Performing inspections every three years and preparing an inspection report for review by the MWRD, and
• The MWRD will be allowed access to the project site to perform its own inspection.

How are applications evaluated?

The MWRD evaluates and prioritizes each application based on specific metrics, which include but are not limited to:

• Funding sources, requested cost share from the MWRD, and the benefit-cost analysis of the acquisitions,
• The project’s acquisition schedule, including the likelihood of acquiring each property,
• Economic needs of the community and previous assistance received from the MWRD, and
• Compliance with federal, state, and local ordinances, including all MWRD ordinances.

Reference documents

Please visit the partnership program reference documents webpage to review the program materials and forms.

If you have any questions regarding this program and how to apply, please contact stormwater@mwrd.org