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Federal flood insurance stops writing new policies after September 30

Wisconsin · Compliance

Federal flood insurance stops writing new policies after September 30

The statute is one sentence, and it has a date in it nine days from now.

42 U.S.C. § 4026, headed “Expiration of program”:

“No new contract for flood insurance under this chapter shall be entered into after September 30, 2026.”1

The United States Code as published contains the laws in effect on September 20, 2026, and that is what it says. The current date came from Pub. L. 119-75, which substituted “September 30, 2026” for “September 30, 2023.” No later amendment appears in the section's amendment notes.

The pattern behind the date

The amendment history of this one sentence is the clearest picture of how the National Flood Insurance Program has been run. Reading backwards from the current date: 2022 substituted September 30, 2023 for September 30, 2022; before that September 30, 2022 for September 30, 2021; before that September 30, 2021 for September 30, 2019; before that September 30, 2019 for June 14, 2019; before that June 14, 2019 for May 31, 2019; before that May 31, 2019 for December 7, 2018; before that December 7, 2018 for November 30, 2018; before that November 30, 2018 for September 30, 2017.

Two of those extensions lasted a fortnight. The section has been amended dozens of times since 1968, and the list of public laws amending it runs to several lines of citation.

What a lapse does and does not do

The statutory bar is on entering new contracts. Policies already in force are contracts already entered into. The operative disruption of a lapse is at the point of sale and renewal — which is exactly where a real estate closing sits.

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Why this reaches a Wisconsin association at all

Wisconsin is not a coastal state and its exposure is narrower than a Gulf or Atlantic state's. The effect is specific rather than broad, and it runs through two channels.

The association's own building policy. The product a condominium association buys to cover an entire building against flood is the Residential Condominium Building Association Policy, an NFIP product. An association whose policy comes up for renewal during a lapse cannot renew it during the lapse.

The closing. A buyer purchasing a unit in a mapped Special Flood Hazard Area with a federally backed mortgage is required to carry flood insurance. If no new contract may be entered into, that requirement cannot be satisfied, and the closing does not happen. In Wisconsin that means the riverine condominium stock along the Mississippi, Wisconsin, Fox, Rock and Milwaukee rivers and parts of the Lake Michigan shoreline. An association outside a Special Flood Hazard Area is unaffected.

What Wisconsin's own regulator tells owners

The Office of the Commissioner of Insurance's condominium fact sheet, reissued in July 2025, states the exclusion plainly: “Typical condominium insurance does not cover flood losses. If your community is a participant in the National Flood Insurance Program (NFIP), you are eligible for federally sponsored flood insurance coverage for your condominium.”2

That sentence describes an eligibility that § 4026 suspends on October 1 absent congressional action. The fact sheet is the only condominium-specific document Wisconsin's insurance regulator refreshed in this window, and the regulator has issued no bulletin on homeowners or condominium insurance since at least 2024.

The gap this exposes in Wisconsin

Wisconsin's largest recent flood event has no association-level accounting in the public record. The August 2025 Milwaukee-area floods produced substantial property damage across the metro, and the reporting on them does not address common-element damage, association master-policy response, or loss assessments passed through to unit owners.

That matters because loss assessment is the mechanism by which an association's uninsured flood loss becomes an individual owner's bill — and Wisconsin's own fact sheet tells owners that loss assessment coverage is something to “[c]heck with your agent to see if” they have. Our Wisconsin insurance requirements page covers what a declaration and chapter 703 require, which is a different question from what a policy pays.

What Wisconsin law does not supply

Nothing in chapter 703 requires a Wisconsin condominium association to carry flood coverage, and no Wisconsin statute conditions anything on whether it does. There is no state backstop and no residual market for this line. The federal programme is the mechanism, which is why a federal expiration date is a Wisconsin problem.

What to watch next

Reauthorisation has historically ridden on appropriations vehicles, often in extensions measured in weeks. What would end the question is a new public law substituting a later date into § 4026; as of the Code's current edition, none has. The narrower Wisconsin signal to watch is renewal timing: an association whose Residential Condominium Building Association Policy renews in October sits directly in the window, and one whose policy renews in spring does not.

Related Wisconsin HOA Topics

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  1. 42 U.S.C. § 4026, Expiration of program — United States Code (current through laws in effect September 20, 2026) ↩
  2. Wisconsin Office of the Commissioner of Insurance, Fact Sheet PI-068, "Condominium Insurance" (rev. 07/2025) ↩

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