Written by Joann Lenart, Fair Shake Legal Intern, Spring 2026
Local, state and federal governments all have the ability to declare a disaster declaration. Declarations can:
Allow funds and aid money to enter the community;
Mobilize people to come and help, such as the National Guard or medical workers;
Increase distribution of supplies;
Start anti-price gouging laws so that prices don’t rise due to supply needs; and
Gives officials the power to start protective orders (ex: mandatory evacuations, curfews, travel restrictions).
In Pennsylvania, Ohio, and West Virginia, the governor has the main authority to issue disaster declarations (except for West Virginia because the authority is also given to the legislature). Each state has their own definition of “disaster” and similar requirements once a state of emergency is declared. The state can get federal funding once they can demonstrate that they have exhausted all their resources.
Pennsylvania
The governor of Pennsylvania can issue proclamations for disasters and emergencies, which can range from weather impacts to health issues. Within the past few years, the governor has enacted emergency declarations for winter storms, sudden loss of federal SNAP funds, tropical storms, damage to infrastructure, civil disturbances, and the COVID-19 pandemic.[1]
Title 35 of the Pennsylvania Consolidated Statutes covers Health and Safety, which also discusses emergency declarations. Turning to the definitions in the statute, a disaster is defined as “A man-made disaster, natural disaster or war-caused disaster.”[2] The statute in turn defines each of the following terms:
‘Man-made disaster.’ Any industrial, nuclear or transportation accident, explosion, conflagration, power failure, natural resource shortage or other condition, except enemy action, resulting from man-made causes, such as oil spills and other injurious environmental contamination, which threatens or causes substantial damage to property, human suffering, hardship or loss of life
‘Natural disaster.’ Any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake, landslide, mudslide, snowstorm, drought, fire, explosion or other catastrophe which results in substantial damage to property, hardship, suffering or possible loss of life
‘War-caused disaster.’ Any condition following an attack upon the United States resulting in substantial damage to property or injury to persons in the United States caused by use of bombs, missiles, shellfire, nuclear, radiological, chemical or biological means, or other weapons or overt paramilitary actions, or other conditions such as sabotage.”[3]
Furthermore, the statute also defines disaster emergency as: Those conditions which may by investigation made, be found, actually or likely, to:
(1) affect seriously the safety, health or welfare of a substantial number of citizens of this Commonwealth or preclude the operation or use of essential public facilities;
(2) be of such magnitude or severity as to render essential State supplementation of county and local efforts or resources exerted or utilized in alleviating the danger, damage, suffering or hardship faced; and
(3) have been caused by forces beyond the control of man, by reason of civil disorder, riot or disturbance, or by factors not foreseen and not known to exist when appropriation bills were enacted.[4]
To issue an emergency declaration, the situation must fall into one of the definitions of man-made disaster, natural disaster or war-caused disaster. Once that has been established, then the next procedural steps can commence.
An emergency is declared with either an executive order or proclamation by the governor once it is determined that a disaster has occurred that there is an imminent threat of one.[5] The state of emergency will continue until the governor believes the disaster has been dealt with or the disaster has been handled enough where there is no longer a state of emergency.[6] A state of emergency terminates when the governor either signs an executive order or proclamation.[7]An emergency declaration cannot last longer than 90 days unless the governor renews it.[8]
The state’s General Assembly may terminate a disaster emergency at any time with a concurrent resolution. Once the resolution is passed, the governor is required to issue an executive or proclamation ending the state of emergency.[9]
The executive orders and proclamations will have to indicate the disaster, areas that are being threatened, conditions that caused the disaster, and what circumstances are needed to terminate the state of emergency.[10] Once it is issued, it must promptly be distributed to the public and filed with the Pennsylvania Emergency Management Agency and the Legislative Reference Bureau for publication.[11]
Under a disaster declaration, the governor retains significant emergency powers such as commandeering any property, compelling evacuation, and suspending rules or regulations that would hinder necessary action in coping with an emergency.[12]
A local governing body may authorize the chief executive of its political subdivision to issue an emergency declaration, subject to ratification by the governing body.[13] Compared to a typical emergency declaration, this specific declaration would only be allowed for seven days without the consent of the governing body to renew it.[14] Additionally, the order or proclamation must be promptly shared with the general public and filed with the Pennsylvania Emergency Management Agency.[15] This means that residents at the local level may report damages to their county emergency management agency, which they then pass to state officials who can discuss with the governor if the scale of it requires it.[16]
Ohio
Ohio’s governor can issue emergency declarations to direct the response of executive branch agencies and personnel to urgent and immediate needs. Some previous examples where the Ohio governor issued emergency declarations were in response to the COVID-19 pandemic, water contamination, floods, influenza outbreaks, and extreme weather events such as tornados.[17]
Section 5502 of the Ohio Revised Code Chapter establishes and defines the duties of the Ohio Department of Public Safety, which also includes procedures to issue an emergency declaration. Section 5502.21 defines disaster as “any imminent threat or actual occurrence of widespread or severe damage to or loss of property, personal hardship or injury, or loss of life that results from any natural phenomenon or act of a human.”[18] Disaster is broadly defined, which means that various situations can fall under the definition for an emergency declaration to be issued.
While issuing the emergency, the governor specifies the number of days the emergency status is expected to last (up to 90 days), which areas and people are impacted, and the resources that will be used to resolve the emergency.[19]The governor is not allowed to take actions during the emergency declaration that are constitutionally impermissible, such as violating the separation of powers doctrine.[20]
In 2021, Ohio’s General Assembly enacted legislation that now requires the governor to report to the Senate President and House Speaker about every action taken in response to an emergency.[21] The GA can also adopt a concurrent resolution to rescind in whole or part, an order that the governor issues in response to the emergency.[22]
After an emergency declaration, the state can be qualified to receive federal assistance if the state is successfully able to show that the state’s resources are insufficient to address the emergency.[23] Ohio is a party to the Emergency Management Assistance Compact, which is a mutual aid agreement with other states allowing states to share resources when a governor issues an emergency declaration.[24]
The governor has the authority to issue emergency declarations pursuant to the governor’s supreme executive authority written in the state’s constitution. The same section also empowers the governor to call the militia, execute Ohio law, suppress insurrection, repel invasion, and act in the event of a disaster.[25] Ohio statutes do not list a prescribed manner in which an emergency declaration should be ordered, so the governor typically issues one through an executive order or news release.[26]
Typically lasting 90 days, the state of emergency can be extended by the GA for up to an additional 60 days.[27]Once the state of emergency has been in effect for 30 days, the GA also has the authority to terminate the declaration by adopting a concurrent resolution.[28] If a declaration is not extended or terminated by the GA, the governor cannot declare an identical state of emergency for 60 days following the expiration or termination.[29] Nevertheless, during the 60-day waiting period, the governor can submit a request to the GA to issue a declaration before the 60-day period ends.[30]
Within Ohio’s Revised Code, there are certain sections that focus on specific types of emergency declarations. For example, the governor is authorized to declare a state of emergency for air pollution,[31] an energy shortage,[32] an adulterated consumer product emergency,[33] and a temporary location for the seat of government.[34]
Once an emergency declaration is issued, the Ohio Emergency Management Agency (OEMA), is required to develop an Emergency Operations Plan, which coordinates all emergency management activities and acts as a liaison between the agencies and the federal government.[35]
Local governments can issue their own declarations of emergency once the county assesses the impact of damage and losses after the incident and availability of local resources.[36] However, each municipality may have their own definitions of “disaster” and procedures put in place that is specific to their county.
West Virginia
The governor has the authority to issue disaster declarations in West Virginia to activate state level resources. Previously, the state issued disaster declarations for extreme weather events such as winter storms, flooding, mudslides, tropical storms, and the COVID-19 pandemic.[37]
Chapter 15 of the West Virginia Code focuses on Public Safety within the State, with Article 5 specifically focusing on emergency management. The code defines disaster as:
the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural, or terrorist, or man-made cause, including weapons of mass destruction, fire, flood, earthquake, wind, snow, storm, chemical or oil spill or other water or soil contamination, epidemic, air contamination, blight, drought, infestation, or other public calamity requiring emergency action.[38]
This definition is more specific compared to other states. So, for there to be a disaster declaration, the situation must be one of the events listed in the definition.
The state of emergency may be proclaimed by the governor through an executive order or by concurrent resolution of the legislature, when it is determined that conditions are impacting the health, safety, and welfare of the state’s residents.[39] The proclamation should include a description of the facts and circumstances warranting the state of emergency, and specify which geographic area is being threatened. The state of emergency can last up to 60 days unless the legislature votes to extend it; the legislature must specify for how much longer the state of emergency should be extended.[40] Once the proclamation or resolution is issued, it must be immediately sent to a news outlet to inform the general public. A copy of the order would have to be sent to the President of the Senate, the Speaker of the House of Delegates, and the Joint Committee on Government and Finance. The state of emergency ends when either the governor issues a proclamation of termination, or the legislature passes a concurrent resolution to terminate it.
Under the state of emergency, the governor has the following additional powers: enforcement of law, transfer property to perform functions relating to the emergency, compel evacuation, suspend certain procedures, make available emergency housing, etc. [41] The code also lists various actions that the governor cannot take in a state of emergency. The governor cannot close churches or other houses of worship, suspend the sale of firearms, or impair with the operations of the news media.
During the state of emergency, the West Virginia Emergency Management Division supports and assists local emergency managers and first responders. This division also manages disaster preparedness, mitigation, and response efforts throughout the state.[42]
Local governments in West Virgia also have the authority to issue local emergency or disaster declarations, but they are not allowed to take actions that are not authorized by the code.[43] However, the governor holds the ultimate authority to proclaims a state of emergency.
Federal
FEMA is the federal agency under the Department of Homeland Security that works with states to coordinate responses to national disasters. Procedures and enforcement authority are listed under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act). Within the Stafford Act, “major disaster” is defined as:
any natural catastrophe (including any hurricane, tornado, storm, high water, wind driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought), or, regardless of cause, any fire, flood, or explosion, in any part of the United States, which in the determination of the President causes damage of sufficient severity and magnitude to warrant major disaster assistance under this Act to supplement the efforts and available resources of States, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby.[44]
This definition is more specified since it includes a list of certain situations, meaning the event needs to fall under one of the items listed to be considered for disaster relief funding.
The Stafford Act states, “all requests for a declaration by the President that a major disaster exists shall be made by the Governor of the affected State.”[45] Within this statement, “State” also includes the US territories and federally recognized Native American tribal governments.
Once it is apparent that a Presidential disaster declaration will be needed to assist in a state’s recovery, the state or tribal government should contact their FEMA Regional Office to request a joint Federal, State/Tribal Preliminary Damage Assessment (PDA).[46] During this step, there will be an assessment of the area to determine the extent of the disaster, the impact on public facilities, and the type of federal assistance that may be needed.[47] This information will be used by the governor or tribal executive to show that the severity of the disaster is beyond the state’s capability to handle and requires federal assistance.
Once the PDA is completed and it was determined that the damages exceed the state’s resources, the governor or tribal executive may submit a declaration request to the President through their FEMA Regional Office.[48] Along with the request, the governor or tribal executive must include which resources have been or will be committed to the disaster recovery, provide an estimate on the severity of damage, its impact on the private and public sector, and an estimate of the type and amount of assistance needed under the Stafford Act.[49] The PDA is typically completed prior to the official request for a major disaster declaration, however, if the event is so catastrophic, the request can be submitted prior to the completion of the PDA.[50]
Within the Stafford Act, there are two types of disaster declarations: emergency declarations and major disaster declarations.
federal Emergency Declarations
Emergency declarations supplement state and local or tribal governments efforts in providing emergency services or lessen the threat of catastrophe.[51] In the Stafford Act, emergency is defined as, “any occasion or instance for which, in the determination of the President, Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States.”[52] Assistance for a single emergency may not exceed five million, but the President can report to Congress if more is required.[53]
Under an emergency declaration, the request to the Regional Administrator must be within 30 days of the incident to show that the state has used up its resources and supplemental federal emergency assistance is necessary to save lives and protect property, public health and safety.[54] The request must include, 1) confirmation that the state took all the action that it already could, 2) a description of efforts and resources used to alleviate the emergency, 3) a description of other federal agency efforts and resources used, and 4) the type of federal assistance required.[55]
federal Major Disaster Declarations
The President can declare a major disaster for any natural event that the President determines has caused severe damage beyond the combined capabilities of state and local governments.[56]
For a major disaster declaration, the governor or tribe executive must submit a request to the President through the appropriate Regional Administrator within 30 days of the event.[57] The request must be based on the finding that the situation is beyond the state’s ability to handle and requires federal assistance. The request must also include, 1) confirmation that the state took all the action that it already could, 2) the damage to the public and private sector, 3) description of efforts used to alleviate the disaster, 4) preliminary estimates of the assistance needed, 5) and confirmation that the state will comply with all applicable cost sharing requirements.[58]
There are various federal assistance programs, but not all are activated for every disaster. The type of program will be based on the type of disaster and its severity.
Appeals
A governor and tribal executive have the authority to appeal the denial of a major disaster or emergency declaration request. It must be submitted within 30 days of the date of the denial letter with additional information justifying the need for federal assistance.[59]
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[1] Emergency Proclamations by the Governor, ᴄᴏᴍᴍᴏɴᴡᴇᴀʟᴛʜ ᴏꜰ ᴘᴇɴɴꜱʏʟᴠᴀɴɪᴀ, https://www.pa.gov/agencies/pema/resources/emergency-proclamations (last visited Apr. 20, 2026).
[2] ᴘᴀ. ᴄᴏɴꜱ. ꜱᴛᴀᴛ. § 7102.
[3] Id.
[4] Id.
[5] ᴘᴀ. ᴄᴏɴꜱ. ꜱᴛᴀᴛ. § 7301(c).
[6] Id.
[7] Id.
[8] Id.
[9] Id.
[10] Id.
[11] Id.
[12] ᴘᴀ. ᴄᴏɴꜱ. ꜱᴛᴀᴛ. § 7301(f).
[13] ᴘᴀ. ᴄᴏɴꜱ. ꜱᴛᴀᴛ. § 7501(b).
[14] Id.
[15] Id.
[16] Available Disaster Help, ᴄᴏᴍᴍᴏɴᴡᴇᴀʟᴛʜ ᴏꜰ ᴘᴇɴɴꜱʏʟᴠᴀɴɪᴀ, https://www.pa.gov/agencies/ready/recover-from-disaster/available-help#:~:text=Report%20Damages,as%20fires%20or%20localized%20flooding.proclamations (last visited Apr. 20, 2026).
[17] Alyssa Bethel, Governor’s Authority to Declare Emergency, ʟᴇɢɪꜱʟᴀᴛɪᴠᴇ ʙᴜᴅɢᴇᴛ ᴏꜰꜰɪᴄᴇ (Apr. 26, 2023), https://www.lsc.ohio.gov/assets/organizations/legislative-service-commission/files/governors-authority-to-declare-an-emergency.pdf
[18] ᴏʜɪᴏ ʀᴇᴠ. ᴄᴏᴅᴇ § 5502.21(E).
[19] Bethel, supra note 17.
[20] Id.
[21] Id.
[22] Id.
[23] Id.
[24] Id.
[25] Ohio Const., Article III, Sec. 5; Ohio Const., Art. IX, Sec. 4.
[26] Bethel, supra note 17.
[27] ᴏʜɪᴏ ʀᴇᴠ. ᴄᴏᴅᴇ § 107.42(C).
[28] Bethel, supra note 17.
[29] Id.
[30] Id.
[31] ᴏʜɪᴏ ʀᴇᴠ. ᴄᴏᴅᴇ § 3704.032.
[32] ᴏʜɪᴏ ʀᴇᴠ. ᴄᴏᴅᴇ § 4935.03
[33] ᴏʜɪᴏ ʀᴇᴠ. ᴄᴏᴅᴇ § 3715.74
[34] ᴏʜɪᴏ ʀᴇᴠ. ᴄᴏᴅᴇ § 5502.24.
[35] Bethel, supra note 17.
[36] Disaster Declaration Process, ꜱᴜᴍᴍɪᴛ ᴄᴏᴜɴᴛʏ, https://www.hudson.oh.us/DocumentCenter/View/13140/DisasterDeclarationProcess862019 (last visited Apr. 20, 2026).
[37] How many disaster are declared in West Virginia, ᴜꜱᴀ ꜰᴀᴄᴛꜱ, https://usafacts.org/answers/how-many-disasters-are-declared-in-the-us/state/west-virginia/ (last visited Apr. 20, 2026).
[38] ᴡ. ᴠᴀ. ᴄᴏᴅᴇ §15-5-2.
[39] ᴡ. ᴠᴀ. ᴄᴏᴅᴇ §15-5-6.
[40] Id.
[41] Id.
[42] About us, ᴡ. ᴠᴀ. ᴇᴍᴇʀɢᴇɴᴄʏ ᴍᴀɴᴀɢᴇᴍᴇɴᴛ, https://emd.wv.gov/about-us (last visited Apr. 20, 2026).
[43] ᴡ. ᴠᴀ. ᴄᴏᴅᴇ §15-5-6.
[44] 42 U.S.C. §§ 5121-5207 (the Stafford Act) §102.
[45] 42 U.S.C. §§ 5121-5207 (the Stafford Act) §401.
[46] How a Disaster Gets Declared, ꜰᴇᴍᴀ, https://www.fema.gov/disaster/how-declared (last visited Apr. 20, 2026).
[47] Id.
[48] Id.
[49] Id.
[50] Id.
[51] Id.
[52] 42 U.S.C. §§ 5121-5207 (the Stafford Act) §102.
[53] How a Disaster Gets Declared, supra note 46.
[54] Id.
[55] Id.
[56] Id.
[57] Id.
[58] Id.
[59] Id.
