FEMA said no. We argued that paving a dirt road is hazard mitigation, and took the question to arbitration.
We represented Washington County before the Civilian Board of Contract Appeals. The February 2026 ruling holds that paving dirt and gravel roads is eligible mitigation when it is cost-effective.
The ruling opened up to $160 million in road-mitigation funding for one county, and it matters to any applicant with unpaved roads that wash out after storms.
Storm damage on an unpaved road. Water has cut through the surface.
Storm damage on an unpaved road. The surface and shoulder have eroded.
A gravel and dirt road before paving.
New pavement, with rock-lined drainage at the edge of the road.
Another Washington County road after paving, the work at the center of the ruling.