He said FEMA is legally obligated to comply with state and local building codes in choosing whether to rebuild at the current location or moving the public safety facility to higher ground. He cited the Nechamen letter in pointing out that the state will not pay for a project in an area known as posing a significant flood hazard.
In the absence of a county jail, Schoharie County has been farming out its inmates to Albany County at a significant cost to taxpayers.
If FEMA continues to stand firm against contributing to the more-expensive project recommended by Cherry, the county Board of Supervisors would have the option of bringing litigation against the federal agency.
Among those backing Schoharie County in the dispute with FEMA are Sen. Charles Schumer, D-N.Y., and Rep. Chris Gibson, R-Kinderhook.