Appendix E: NFIP Regulations

NFIP Regulations E-1

APPENDIX E:

NFIP R

EGULATIONS

This Appendix contains the text of the Code of Federal Regulations (CFR) for the National Flood Insurance

Program: 44 CFR Parts 59, 60, 65, and 70.

TITLE 44--EMERGENCY MANAGEMENT

AND ASSISTANCE

CHAPTER I--FEDERAL EMERGENCY

MANAGEMENT AGENCY, DEPARTMENT

OF HOMELAND SECURITY

PART 59--GENERAL PROVISIONS – Table of

Contents

Subpart A-General

Sec.

59.1 Definitions.

59.2 Description of program.

59.3 Emergency program.

59.4 References.

Subpart B-Eligibility Requirements

Sec.

59.21 Purpose of subpart.

59.22 Prerequisites for the sale of flood insurance.

59.23 Priorities for the sale of flood insurance under

the regular program.

59.24 Suspension of community eligibility.

Authority: 42 U.S.C. 4001 et seq.; Reorganization

Plan No. 3 of 1978, 43 FR 41943, 3 CFR, 1978

Comp., p. 329; E.O. 12127 of Mar. 31, 1979, 44 FR

19367, 3 CFR, 1979 Comp., p. 376.

Subpart A--General

§ 59.1 Definitions.

As used in this subchapter—

“Act” means the statutes authorizing the National

Flood Insurance Program that are incorporated in 42

U.S.C. 4001-4128.

“Actuarial rates”--see “risk premium rates”.

“Administrator” means the Federal Insurance

Administrator.

“Agency” means the Federal Emergency

Management Agency, Washington DC.

“Alluvial fan flooding” means flooding occurring on

the surface of an alluvial fan or similar landform

which originates at the apex and is characterized by

high-velocity flows; active processes of erosion,

sediment transport, and deposition; and,

unpredictable flow paths. “Apex” means a point on

an alluvial fan or similar landform below which the

flow path of the major stream that formed the fan

becomes unpredictable and alluvial fan flooding can

occur.

“Applicant” means a community which indicates a

desire to participate in the Program.

“Appurtenant structure” means a structure which is

on the same parcel of property as the principal

structure to be insured and the use of which is

incidental to the use of the principal structure.

“Area of future-conditions flood hazard” means the

land area that would be inundated by the 1percent-

annual-chance (100-year) flood based on future-

conditions hydrology.

“Area of shallow flooding” means a designated AO,

AH, AR/AO, AR/AH, or VO zone on a community's

Flood Insurance Rate Map (FIRM) with a 1 percent

or greater annual chance of flooding to an average

depth of 1 to 3 feet where a clearly defined channel

does not exist, where the path of flooding is

unpredictable, and where velocity flow may be

evident. Such flooding is characterized by ponding or

sheet flow.

“Area of special flood-related erosion hazard” is the

land within a community which is most likely to be

subject to severe flood-related erosion losses. The

area may be designated as Zone E on the Flood

Hazard Boundary Map (FHBM). After the detailed

evaluation of the special flood-related erosion hazard

area in preparation for publication of the FIRM, Zone

E may be further refined.

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“Area of special flood hazard” is the land in the flood

plain within a community subject to a 1 percent or

greater chance of flooding in any given year. The

area may be designated as Zone A on the FHBM.

After detailed ratemaking has been completed in

preparation for publication of the flood insurance rate

map, Zone A usually is refined into Zones A, AO,

AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE,

AR/AO, AR/AH, AR/A, VO, or V1-30, VE, or V.

For purposes of these regulations, the term ``special

flood hazard area'' is synonymous in meaning with

the phrase ``area of special flood hazard''.

“Area of special mudslide (i.e., mudflow) hazard” is

the land within a community most likely to be subject

to severe mudslides (i.e., mudflows). The area may

be designated as Zone M on the FHBM. After the

detailed evaluation of the special mudslide (i.e.,

mudflow) hazard area in preparation for publication

of the FIRM, Zone M may be further refined.

“Base flood” means the flood having a one percent

chance of being equalled or exceeded in any given

year.

“Basement”' means any area of the building having

its floor subgrade (below ground level) on all sides.

“Breakaway wall” means a wall that is not part of the

structural support of the building and is intended

through its design and construction to collapse under

specific lateral loading forces, without causing

damage to the elevated portion of the building or

supporting foundation system.

“Building” - see structure.

“Chargeable rates” mean the rates established by the

Administrator pursuant to section 1308 of the Act for

first layer limits of flood insurance on existing

structures.

“Chief Executive Officer of the community (CEO)”

means the official of the community who is charged

with the authority to implement and administer laws,

ordinances and regulations for that community.

“Coastal high hazard area” means an area of special

flood hazard extending from offshore to the inland

limit of a primary frontal dune along an open coast

and any other area subject to high velocity wave

action from storms or seismic sources.

“Community” means any State or area or political

subdivision thereof, or any Indian tribe or authorized

tribal organization, or Alaska

Native village or authorized native organization,

which has authority to adopt and enforce flood plain

management regulations for the areas within its

jurisdiction.

“Contents coverage” is the insurance on personal

property within an enclosed structure, including the

cost of debris removal, and the reasonable cost of

removal of contents to minimize damage. Personal

property may be household goods usual or incidental

to residential occupancy, or merchandise, furniture,

fixtures, machinery, equipment and supplies usual to

other than residential occupancies.

“Criteria” means the comprehensive criteria for land

management and use for flood-prone areas developed

under 42 U.S.C. 4102 for the purposes set forth in

part 60 of this subchapter.

“Critical feature” means an integral and readily

identifiable part of a flood protection system, without

which the flood protection provided by the entire

system would be compromised.

“Curvilinear Line” means the border on either a

FHBM or FIRM that delineates the special flood,

mudslide (i.e., mudflow) and/or flood-related erosion

hazard areas and consists of a curved or contour line

that follows the topography.

“Deductible” means the fixed amount or percentage

of any loss covered by insurance which is borne by

the insured prior to the insurer's liability.

“Developed area” means an area of a community that

is:

(a) A primarily urbanized, built-up area that is a

minimum of 20 contiguous acres, has basic urban

infrastructure, including roads, utilities,

communications, and public facilities, to sustain

industrial, residential, and commercial activities,

and

(1) Within which 75 percent or more of the parcels,

tracts, or lots contain commercial, industrial, or

residential structures or uses; or

(2) Is a single parcel, tract, or lot in which 75 percent

of the area contains existing commercial or industrial

structures or uses; or

(3) Is a subdivision developed at a density of at least

two residential structures per acre within which 75

percent or more of the lots contain existing residential

structures at the time the designation is adopted.

(b) Undeveloped parcels, tracts, or lots, the

combination of which is less than 20 acres and

NFIP Regulations E-3

contiguous on at least 3 sides to areas meeting the

criteria of paragraph (a) at the time the designation is

adopted.

acres that has obtained all necessary government

approvals, provided that the actual “start of

construction'' of structures has occurred on at least 10

percent of the lots or remaining lots of a subdivision

or 10 percent of the maximum building coverage or

remaining building coverage allowed for a single lot

subdivision at the time the designation is adopted and

construction of structures is underway. Residential

subdivisions must meet the density criteria in

paragraph (a)(3).

“Development” means any man-made change to

improved or unimproved real estate, including but not

limited to buildings or other structures, mining,

dredging, filling, grading, paving, excavation or

drilling operations or storage of equipment or

materials..

“Director” means the Director of the Federal

Emergency Management Agency.

“Eligible community or participating community”

means a community for which the Administrator has

authorized the sale of flood insurance under the

National Flood Insurance Program.

“Elevated building” means, for insurance purposes, a

nonbasement building which has its lowest elevated

floor raised above ground level by foundation walls,

shear walls, posts, piers, pilings, or columns.

“Emergency Flood Insurance Program or emergency

program” means the Program as implemented on an

emergency basis in accordance with section 1336 of

the Act. It is intended as a program to provide a first

layer amount of insurance on all insurable structures

before the effective date of the initial FIRM.

“Erosion” means the process of the gradual wearing

away of land masses. This peril is not per se covered

under the Program.

“Exception” means a waiver from the provisions of

part 60 of this subchapter directed to a community

which relieves it from the requirements of a rule,

regulation, order or other determination made or

issued pursuant to the

Act.

“Existing construction” means for the purposes of

determining rates, structures for which the “start of

construction” commenced before the effective date of

the FIRM or before January 1, 1975, for FIRMs

effective before that date.

“Existing construction”' may also be referred to as

“existing structures.”

“Existing manufactured home park or

subdivision” means a manufactured home park or

subdivision for which the construction of facilities for

servicing the lots on which the manufactured homes

are to be affixed (including, at a minimum, the

installation of utilities, the construction of streets, and

either final site grading or the pouring of concrete

pads) is completed before the effective date of the

floodplain management regulations adopted by a

community.

“Existing structures” - see existing construction.

“Expansion to an existing manufactured home park

or subdivision” means the preparation of additional

sites by the construction of facilities for servicing the

lots on which the manufacturing homes are to be

affixed (including the installation of utilities, the

construction of streets, and either final site grading or

the pouring of concrete pads).

“Federal agency” means any department, agency,

corporation, or other entity or instrumentality of the

executive branch of the Federal Government, and

includes the Federal National Mortgage Association

and the Federal Home Loan Mortgage Corporation.

“Federal instrumentality responsible for the

supervision, approval, regulation, or insuring of

banks, savings and loan associations, or similar

institutions” means the Board of Governors of the

Federal Reserve System, the Federal Deposit

Insurance Corporation, the Comptroller of the

Currency, the Federal Home Loan Bank Board, the

Federal Savings and Loan Insurance Corporation, and

the National Credit Union Administration.

“Financial assistance” means any form of loan, grant,

guaranty, insurance, payment, rebate, subsidy,

disaster assistance loan or grant, or any other form of

direct or indirect Federal assistance, other than

general or special revenue sharing or formula grants

made to States.

“Financial assistance for acquisition or construction

purposes” means any form of financial assistance

which is intended in whole or in part for the

acquisition, construction, reconstruction, repair, or

improvement of any publicly or privately owned

building or mobile home, and for any machinery,

equipment, fixtures, and furnishings contained or to

be contained therein, and shall include the purchase

or subsidization of mortgages or mortgage loans but

shall exclude assistance pursuant to the Disaster

Relief Act of 1974 other than assistance under such

Act in connection with a flood. It includes only

financial assistance insurable under the Standard

Flood Insurance Policy.

NFIP Regulations E-4

“First-layer coverage” is the maximum amount of

structural and contents insurance coverage available

under the Emergency Program.

“Flood” or “Flooding” means:

(a) A general and temporary condition of partial or

complete inundation of normally dry land areas from:

(1) The overflow of inland or tidal waters.

(2) The unusual and rapid accumulation or runoff of

surface waters from any source.

(3) Mudslides (i.e., mudflows) which are proximately

caused by flooding as defined in paragraph (a)(2) of

this definition and are akin to a river of liquid and

flowing mud on the surfaces of normally dry land

areas, as when earth is carried by a current of water

and deposited along the path of the current.

(b) The collapse or subsidence of land along the

shore of a lake or other body of water as a result of

erosion or undermining caused by waves or currents

of water exceeding anticipated cyclical levels or

suddenly caused by an unusually high water level in a

natural body of water, accompanied by a severe

storm, or by an unanticipated force of nature, such as

flash flood or an abnormal tidal surge, or by some

similarly unusual and unforeseeable event which

results in flooding as defined in paragraph (a)(1) of

this definition.

“Flood elevation determination” means a

determination by the Administrator of the water

surface elevations of the base flood, that is, the flood

level that has a one percent or greater chance of

occurrence in any given year.

“Flood elevation study” means an examination,

evaluation and determination of flood hazards and, if

appropriate, corresponding water surface elevations,

or an examination, evaluation and determination of

mudslide (i.e., mudflow) and/or flood-related erosion

hazards.

“Flood Hazard Boundary Map (FHBM)” means an

official map of a community, issued by the

Administrator, where the boundaries of the

flood, mudslide (i.e., mudflow) related erosion areas

having special hazards have been designated as Zones

A, M, and/or E.

“Flood insurance” means the insurance coverage

provided under the Program.

“Flood Insurance Rate Map (FIRM)” means an

official map of a community, on which the

Administrator has delineated both the special hazard

areas and the risk premium zones applicable to the

community.

“Flood Insurance Study” - see flood elevation study.

“Flood plain or flood-prone area” means any land

area susceptible to being inundated by water from

any source (see definition of “flooding'').

“Flood plain management” means the operation of an

overall program of corrective and preventive

measures for reducing flood damage, including but

not limited to emergency preparedness plans, flood

control works and flood plain management

regulations.

“Flood plain management regulations” means zoning

ordinances, subdivision regulations, building codes,

health regulations, special purpose ordinances (such

as a flood plain ordinance, grading ordinance and

erosion control ordinance) and other applications of

police power. The term describes such state or local

regulations, in any combination thereof, which

provide standards for the purpose of flood damage

prevention and reduction.

“Flood protection system” means those physical

structural works for which funds have been

authorized, appropriated, and expended and which

have been constructed specifically to modify flooding

in order to reduce the extent of the area within a

community subject to a “special flood hazard'” and

the extent of the depths of associated flooding. Such a

system typically includes hurricane tidal barriers,

dams, reservoirs, levees or dikes. These specialized

flood modifying works are those constructed in

conformance with sound engineering standards.

“Flood proofing” means any combination of

structural and non-structural additions, changes, or

adjustments to structures which reduce or eliminate

flood damage to real estate or improved real property,

water and sanitary facilities, structures and their

contents.

“Flood-related erosion” means the collapse or

subsidence of land along the shore of a lake or other

body of water as a result of undermining caused by

waves or currents of water exceeding anticipated

cyclical levels or suddenly caused by an unusually

high water level in a natural body of water,

accompanied by a severe storm, or by an

unanticipated force of nature, such as a flash flood or

an abnormal tidal surge, or by some similarly unusual

and unforeseeable event which results in flooding.

“Flood-related erosion area or flood-related erosion

prone area” means a land area adjoining the shore of

a lake or other body of water, which due to the

composition of the shoreline or bank and high water

levels or wind-driven currents, is likely to suffer

flood-related erosion damage.

“Flood-related erosion area management” means the

operation of an overall program of corrective and

NFIP Regulations E-5

preventive measures for reducing flood-related

erosion damage, including but not limited to

emergency preparedness plans, flood-related erosion

control works, and flood plain management

regulations.

“Floodway” - see regulatory floodway.

“Floodway encroachment lines” mean the lines

marking the limits of floodways on Federal, State and

local flood plain maps.

“Freeboard” means a factor of safety usually

expressed in feet above a flood level for

purposes of flood plain management. “Freeboard'”

tends to compensate for the many unknown factors

that could contribute to flood heights greater than the

height calculated for a selected size flood and

floodway conditions, such as wave action, bridge

openings, and the hydrological effect of urbanization

of the watershed.

“Functionally dependent use” means a use which

cannot perform its intended purpose unless it is

located or carried out in close proximity to water. The

term includes only docking facilities, port facilities

that are necessary for the loading and unloading of

cargo or passengers, and ship building and ship repair

facilities, but does not include long-term storage or

related manufacturing facilities.

“Future-conditions flood hazard area, or future-

conditions floodplain”--see Area of future-conditions

flood hazard.

“Future-conditions hydrology” means the flood

discharges associated with projected land-use

conditions based on a community's zoning maps

and/or comprehensive land-use plans and without

consideration of projected future construction of

flood detention structures or projected future

hydraulic modifications within a stream or other

waterway, such as bridge and culvert construction,

fill, and excavation.

“General Counsel” means the General Counsel of the

Federal Emergency Management Agency.

“Highest adjacent grade” means the highest natural

elevation of the ground surface prior to construction

next to the proposed walls of a structure.

“Historic Structure” means any structure that is:

(a) Listed individually in the National Register of

Historic Places (a listing maintained by the

Department of Interior) or preliminarily determined

by the Secretary of the Interior as meeting the

requirements for individual listing on the National

(b) Certified or preliminarily determined by the

Secretary of the Interior as contributing to the

historical significance of a registered historic district

or a district preliminarily determined by the Secretary

to qualify as a registered historic district;

places in states with historic preservation programs

which have been approved by the Secretary of the

Interior; or

(d) Individually listed on a local inventory of historic

places in communities with historic preservation

programs that have been certified either:

(1) By an approved state program as determined by

the Secretary of the Interior or

(2) Directly by the Secretary of the Interior in states

without approved programs.

“Independent scientific body” means a non-Federal

technical or scientific organization involved in the

study of land use planning, flood plain management,

hydrology, geology, geography, or any other related

field of study concerned with flooding.

“Insurance adjustment organization” means any

organization or person engaged in the business of

adjusting loss claims arising under the Standard

Flood Insurance Policy.

“Insurance company or insurer” means any person or

organization authorized to engage in the insurance

business under the laws of any State.

“Levee” means a man-made structure, usually an

earthen embankment, designed and constructed in

accordance with sound engineering practices to

contain, control, or divert the flow of water so as to

provide protection from temporary

flooding.

“Levee System” means a flood protection system

which consists of a levee, or levees, and associated

structures, such as closure and drainage devices,

which are constructed and operated in accordance

with sound engineering practices.

“Lowest Floor” means the lowest floor of the lowest

enclosed area (including basement). An unfinished or

flood resistant enclosure, usable solely for parking of

vehicles, building access or storage in an area other

than a basement area is not considered a building's

lowest floor; provided, that such enclosure is not built

so as to render the structure in violation of the

applicable non-elevation design requirements of Sec.

60.3.

“Mangrove stand” means an assemblage of mangrove

trees which are mostly low trees noted for a copious

development of interlacing adventitious roots above

the ground and which contain one or more of the

following species: Black mangrove (Avicennia

Nitida); red mangrove (Rhizophora Mangle); white

NFIP Regulations E-6

mangrove (Languncularia Racemosa); and

buttonwood (Conocarpus Erecta).

“Manufactured home” means a structure,

transportable in one or more sections, which is built

on a permanent chassis and is designed for use with

or without a permanent foundation when attached to

the required utilities. The term “manufactured home”'

does not include a “recreational vehicle”.

“Manufactured home park or subdivision'” means a

parcel (or contiguous parcels) of land divided into

two or more manufactured home lots for rent or sale.

“Map” means the Flood Hazard Boundary Map

(FHBM) or the Flood Insurance Rate Map (FIRM)

for a community issued by the Agency.

“Mean sea level” means, for purposes of the National

Flood Insurance Program, the National Geodetic

Vertical Datum (NGVD) of 1929 or other datum, to

which base flood elevations shown on a community's

Flood Insurance Rate Map are referenced.

“Mudslide “(i.e., mudflow) describes a condition

where there is a river, flow or inundation of liquid

mud down a hillside usually as a result of a dual

condition of loss of brush cover, and the subsequent

accumulation of water on the ground preceded by a

period of unusually heavy or sustained rain. A

mudslide (i.e., mudflow) may occur as a distinct

phenomenon while a landslide is in progress, and will

be recognized as such by the Administrator only if

the mudflow, and not the landslide, is the proximate

cause of damage that occurs.

“Mudslide (i.e., mudflow) area management” means

the operation of an overall program of corrective and

preventive measures for reducing mudslide (i.e.,

mudflow) damage, including but not limited to

emergency preparedness plans, mudslide control

works, and flood plain management regulations.

“Mudslide (i.e., mudflow) prone area” means an area

with land surfaces and slopes of unconsolidated

material where the history, geology and climate

indicate a potential for mudflow.

“New construction” means, for the purposes of

determining insurance rates, structures for which the

``start of construction'' commenced on or after the

effective date of an initial FIRM or after December

31, 1974, whichever is later, and includes any

subsequent improvements to such structures. For

floodplain management purposes, new construction

means structures for which the start of construction

commenced on or after the effective date of a

floodplain management regulation adopted by a

community and includes any subsequent

improvements to such structures.

“New manufactured home park or subdivision”

means a manufactured home park or subdivision for

which the construction of facilities for servicing the

lots on which the manufactured homes are to be

affixed (including at a minimum, the installation of

utilities, the construction of streets, and either final

site grading or the pouring of concrete pads) is

completed on or after the effective date of floodplain

management regulations adopted by a community.

“100-year flood” - see base flood.

“Participating community”, also known as an eligible

community, means a community in which the

Administrator has authorized the sale of flood

insurance.

“Person” includes any individual or group of

individuals, corporation, partnership, association, or

any other entity, including State and local

governments and agencies.

“Policy” means the Standard Flood Insurance Policy.

“Premium” means the total premium payable by the

insured for the coverage or coverages provided under

the policy. The calculation of the premium may be

based upon either chargeable rates or risk premium

rates, or a combination of both.

“Primary frontal dune” means a continuous or nearly

continuous mound or ridge of sand with relatively

steep seaward and landward slopes immediately

landward and adjacent to the beach and subject to

erosion and overtopping from high tides and waves

during major coastal storms. The inland limit of the

primary frontal dune occurs at the point where there

is a distinct change from a relatively steep slope to a

relatively mild slope.

“Principally above ground” means that at least 51

percent of the actual cash value of the structure, less

land value, is above ground.

“Program” means the National Flood Insurance

Program authorized by 42 U.S.C. 4001 through 4128.

“Program deficiency” means a defect in a

community's flood plain management regulations or

administrative procedures that impairs effective

implementation of those flood plain management

regulations or of the standards in Sec. 60.3, 60.4,

60.5, or 60.6.

“Project cost” means the total financial cost of a flood

protection system (including design, land acquisition,

construction, fees, overhead, and profits), unless the

Federal Insurance Administrator determines a given

``cost'' not to be a part of such project cost.

“Recreational vehicle” means a vehicle which is:

(a) Built on a single chassis;

(b) 400 square feet or less when measured at the

NFIP Regulations E-7

largest horizontal projection;

towable by a light duty truck; and

(d) Designed primarily not for use as a permanent

dwelling but as temporary living quarters for

recreational, camping, travel, or seasonal use.

“Reference feature” is the receding edge of a bluff or

eroding frontal dune, or if such a feature is not

present, the normal high-water line or the seaward

line of permanent vegetation if a high-water line

cannot be identified.

“Regular Program” means the Program authorized by

the Act under which risk premium rates are required

for the first half of available coverage (also known as

``first layer'' coverage) for all new construction and

substantial improvements started on or after the

effective date of the FIRM, or after December 31,

1974, for FIRM's effective on or before that date. All

buildings, the construction of which started before the

effective date of the FIRM, or before January 1,

1975, for FIRMs effective before that date, are

eligible for first layer coverage at either subsidized

rates or risk premium rates, whichever are lower.

Regardless of date of construction, risk premium

rates are always required for the second layer

coverage and such coverage is offered only after the

Administrator has completed a risk study for the

community.

“Regulatory floodway” means the channel of a river

or other watercourse and the adjacent land areas that

must be reserved in order to discharge the base flood

without cumulatively increasing the water surface

elevation more than a designated height.

“Remedy a violation” means to bring the structure or

other development into compliance with State or

local flood plain management regulations, or, if this

is not possible, to reduce the impacts of its

noncompliance. Ways that impacts may be reduced

include protecting the structure or other affected

development from flood damages, implementing the

enforcement provisions of the ordinance or otherwise

deterring future similar violations, or reducing

Federal financial exposure with regard to the

structure or other development.

“Risk premium rates” mean those rates established by

the Administrator pursuant to individual community

studies and investigations which are undertaken to

provide flood insurance in accordance with section

1307 of the Act and the accepted actuarial principles.

”Risk premium rates'' include provisions for

operating costs and allowances.

“Riverine” means relating to, formed by, or

resembling a river (including tributaries), stream,

brook, etc.

“Sand dunes” mean naturally occurring

accumulations of sand in ridges or mounds landward

of the beach.

“Scientifically incorrect”. The methodology(ies)

and/or assumptions which have been utilized are

inappropriate for the physical processes being

evaluated or are otherwise erroneous.

“Second layer coverage” means an additional limit of

coverage equal to the amounts made available under

the Emergency Program, and made available under

the Regular Program.

“Servicing company” means a corporation,

partnership, association, or any other organized entity

which contracts with the Federal Insurance

Administration to service insurance policies under the

National Flood Insurance Program for a particular

area.

“Sheet flow area”- see area of shallow flooding.

“60-year setback” means a distance equal to 60 times

the average annual long term recession rate at a site,

measured from the reference feature.

“Special flood hazard area”-- see “area of special

flood hazard”'.

“Special hazard area” means an area having special

flood, mudslide (i.e., mudflow), or flood-related

erosion hazards, and shown on an FHBM or FIRM as

Zone A, AO, A1-30, AE, AR, AR/A1-30, AR/AE,

AR/AO, AR/AH, AR/A, A99, AH, VO, V1-30, VE,

V, M, or E.

“Standard Flood Insurance Policy” means the flood

insurance policy issued by the Federal Insurance

Administrator, or an insurer pursuant to an

arrangement with the Administrator pursuant to

Federal statutes and regulations.

“Start of Construction” (for other than new

construction or substantial improvements under the

Coastal Barrier Resources Act (Pub. L. 97348)),

includes substantial improvement, and means the date

the building permit was issued, provided the actual

start of construction, repair, reconstruction,

rehabilitation, addition placement, or other

improvement was within 180 days of the permit

date. The actual start means either the first placement

of permanent construction of a structure on a site,

such as the pouring of slab or footings, the

installation of piles, the construction of columns, or

any work beyond the stage of excavation; or the

placement of a manufactured home on a foundation.

Permanent construction does not include land

preparation, such as clearing, grading and filling;

NFIP Regulations E-8

nor does it include the installation of streets and/or

walkways; nor does it include excavation for a

basement, footings, piers, or foundations or the

erection of temporary forms; nor does it include the

installation on the property of accessory buildings,

such as garages or sheds not occupied as dwelling

units or not part of the main structure. For a

substantial improvement, the actual start of

construction means the first alteration of any wall,

ceiling, floor, or other structural part of a building,

whether or not that alteration affects the external

dimensions of the building.

“State” means any State, the District of Columbia, the

territories and possessions of the United States, the

Commonwealth of Puerto Rico, and the Trust

Territory of the Pacific Islands.

State coordinating agency means the agency of the

state government, or other office designated by the

Governor of the state or by state statute at the request

of the Administrator to assist in the implementation

of the National Flood Insurance Program in that state.

“Storm cellar” means a space below grade used to

accommodate occupants of the structure and

emergency supplies as a means of temporary shelter

against severe tornado or similar wind storm activity.

“Structure” means, for floodplain management

purposes, a walled and roofed building, including a

gas or liquid storage tank, that is principally above

ground, as well as a manufactured home. Structure,

for insurance purposes, means:

(1) A building with two or more outside rigid walls

and a fully secured roof, that is affixed to a

permanent site;

(2) A manufactured home (``a manufactured home,''

also known as a mobile home, is a structure: built on

a permanent chassis, transported to its site in one or

more sections, and affixed to a permanent

foundation); or

(3) A travel trailer without wheels, built on a chassis

and affixed to a permanent foundation, that is

regulated under the community's floodplain

management and building ordinances or laws.

For the latter purpose, `”structure” does not mean a

recreational vehicle or a park trailer or other similar

vehicle, except as described in paragraph (3) of this

definition, or a gas or liquid storage tank.

“Subsidized rates” mean the rates established by the

Administrator involving in the aggregate a

subsidization by the Federal Government.

“Substantial damage” means damage of any origin

sustained by a structure whereby the cost of restoring

the structure to its before damaged condition would

equal or exceed 50 percent of the market value of the

structure before the damage occurred.

“Substantial improvement” means any

reconstruction, rehabilitation, addition, or other

improvement of a structure, the cost of which equals

or exceeds 50 percent of the market value of the

structure before the “start of construction” of the

improvement. This term includes structures which

have incurred ``substantial damage'', regardless of the

actual repair work performed. The term does not,

however, include either:

(1) Any project for improvement of a structure to

correct existing violations of state or local health,

sanitary, or safety code specifications which have

been identified by the local code enforcement official

and which are the minimum necessary to assure safe

living conditions or

(2) Any alteration of a “historic structure”, provided

that the alteration will not preclude the structure's

continued designation as a “historic structure”.

“30-year setback” means a distance equal to 30 times

the average annual long term recession rate at a site,

measured from the reference feature.

“Technically incorrect”. The methodology(ies)

utilized has been erroneously applied due to

mathematical or measurement error, changed

physical conditions, or insufficient quantity or quality

of input data.

“V Zone” - see “coastal high hazard area.'”

“Variance” means a grant of relief by a community

from the terms of a flood plain management

regulation.

“Violation” means the failure of a structure or other

development to be fully compliant with the

community's flood plain management regulations. A

structure or other development without the elevation

certificate, other certifications, or other evidence of

compliance required in Sec. 60.3(b)(5), (c)(4),

(c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to

be in violation until such time as that documentation

is provided.

“Water surface elevation” means the height, in

relation to the National Geodetic Vertical Datum

(NGVD) of 1929, (or other datum, where

NFIP Regulations E-9

specified) of floods of various magnitudes and

frequencies in the flood plains of coastal or riverine

areas.

“Zone of imminent collapse” means an area subject

to erosion adjacent to the shoreline of an ocean, bay,

or lake and within a distance equal to 10 feet plus 5

times the average annual long-term erosion rate for

the site, measured from the reference feature.

[41 FR 46968, Oct. 26, 1976]

Editorial Note: For Federal Register citations

affecting Sec. 59.1, see the List of CFR Sections

Affected, which appears in the Finding Aids section

of the printed volume and on GPO access.

§ 59.2 Description of program.

(a) The National Flood Insurance Act of 1968 was

enacted by title XIII of the Housing and Urban

Development Act of 1968 (Pub. L. 90448, August 1,

1968) to provide previously unavailable flood

insurance protection to property owners in flood-

prone areas. Mudslide (as defined in Sec. 59.1)

protection was added to the Program by the Housing

and Urban Development Act of 1969 (Pub. L. 91-

152, December 24, 1969). Flood-related erosion (as

defined in Sec. 59.1) protection was added to the

Program by the Flood Disaster Protection Act of

1973 (Pub. L. 93-234, December 31, 1973). The

Flood Disaster Protection Act of 1973 requires the

purchase of flood insurance on and after March 2,

1974, as a condition of receiving any form of Federal

or federally-related financial assistance for

acquisition or construction purposes with respect to

insurable buildings and mobile homes within an

identified special flood, mudslide (i.e., mudflow), or

flood-related erosion hazard area that is located

within any community participating in the Program.

The Act also requires that on and after July 1, 1975,

or one year after a community has been formally

notified by the Administrator of its identification as

community containing one or more special flood,

mudslide (i.e., mudflow), or flood-related erosion

hazard areas, no such Federal financial assistance,

shall be provided within such an area unless the

community in which the area is located is then

participating in the Program, subject to certain

exceptions. See FIA published Guidelines at Sec.

59.4(c).

(b) To qualify for the sale of federally-subsidized

flood insurance a community must adopt and submit

to the Administrator as part of its application, flood

plain management regulations, satisfying at a

minimum the criteria set forth at part 60 of this

subchapter, designed to reduce or avoid future flood,

mudslide (i.e., mudflow) or flood-related erosion

damages. These regulations must include effective

enforcement provisions.

management regulations are set forth in Sec. 60.3 for

flood-prone areas, in Sec. 60.4 for mudslide (i.e.,

mudflow) areas and in Sec. 60.5 for flood-related

erosion areas. Those applicable requirements and

standards are based on the amount of technical

information available to the community.

[41 FR 46968, Oct. 26, 1976, as amended at 43 FR

7140, Feb. 17, 1978. Redesignated at 44 FR 31177,

May 31, 1979, and amended at 48 FR 44552, Sept.

29, 1983; 49 FR 4751, Feb. 8, 1984]

§ 59.3 Emergency program.

The 1968 Act required a risk study to be undertaken

for each community before it could become eligible

for the sale of flood insurance. Since this requirement

resulted in a delay in providing insurance, the

Congress, in section 408 of the Housing and Urban

Development Act of 1969 (Pub. L. 91-152,

December 24, 1969), established an Emergency

Flood Insurance Program as a new section 1336 of

the National Flood Insurance Act (42 U.S.C. 4056) to

permit the early sale of insurance in flood-prone

communities. The emergency program does not affect

the requirement that a community must adopt

adequate flood plain management regulations

pursuant to part 60 of this subchapter but permits

insurance to be sold before a study is conducted to

determine risk premium rates for the community. The

program still requires upon the effective date of a

FIRM the charging of risk premium rates for all new

construction and substantial improvements and for

higher limits of coverage for existing structures.

[43 FR 7140, Feb. 17, 1978. Redesignated at 44 FR

31177, May 31, 1979, and amended at 48 FR 44543,

Sept. 29, 1983]

NFIP Regulations E-10

§ 59.4 References.

(a) The following are statutory references for the

National Flood Insurance Program, under which

these regulations are issued:

(1) National Flood Insurance Act of 1968 (title XIII

of the Housing and Urban Development Act of

1968), Pub. L. 90-448, approved August 1, 1968, 42

U.S.C. 4001 et seq.

(2) Housing and Urban Development Act of 1969

(Pub. L. 91-152, approved December 24, 1969).

(3) Flood Disaster Protection Act of 1973 (87 Stat.

980), Public Law 93-234, approved December 31,

1973.

(4) Section 816 of the Housing and Community

Development Act of 1974 (87 Stat. 975), Public Law

93-383, approved August 22, 1974.

(5) Public Law 5-128 (effective October 12, 1977).

(6) The above statutes are included in 42 U.S.C. 4001

et seq.

(b) The following are references relevant to the

National Flood Insurance Program:

(1) Executive Order 11988 (Floodplain Management,

dated May 24, 1977 (42 FR 26951, May 25, 1977)).

(2) The Flood Control Act of 1960 (Pub. L. 86645).

(3) Title II, section 314 of title III and section 406 of

title IV of the Disaster Relief Act of 1974 (Pub. L.

93-288).

(4) Coastal Zone Management Act (Pub. L. 92583),

as amended Public Law 94-370.

(5) Water Resources Planning Act (Pub. L. 8990), as

amended Public Law 94-112 (October 16, 1975).

(6) Title I, National Environmental Policy Act (Pub.

L. 91-190).

(7) Land and Water Conservation Fund Act (Pub.

L. 89-578), and subsequent amendments thereto.

(8) Water Resources Council, Principals and

Standards for Planning, Water and Related Land

Resources (38 FR 24778-24869, September 10,

1973).

(9) Executive Order 11593 (Protection and

Enchancement of the Cultural Environment), dated

May 13, 1971 (36 FR 8921, May 15, 1971).

(10) 89th Cong., 2nd Session, H.D. 465.

(11) Required land use element for comprehensive

planning assistance under section 701 of the

Housing Act of 1954, as amended by the Housing

and Community Development Act of 1974 (24 CFR

600.72).

(12) Executive Order 11990 (Protection of Wetlands,

dated May 24, 1977 (42 FR 26951, May 25, 1977)).

(13) Water Resources Council (Guidance for

Floodplain Management) (42 FR 52590, September

30, 1977).

(14) Unified National Program for Floodplain

Management of the United States Water Resources

Council, July 1976.

views of the Federal Insurance Administration with

respect to the mandatory purchase of flood insurance

under section 102 of the Flood Disaster Protection

Act of 1973: Mandatory Purchase of Flood Insurance

Guidelines (54 FR 29666-29695, July 13, 1989).

[41 FR 46968, Oct. 26, 1976, as amended at 43 FR

7140, Feb. 17, 1978. Redesignated at 44 FR 31177,

May 31, 1979, and amended at 57 FR 19540, May 7,

1992]

§ 59.2 Description of program.

(a) The National Flood Insurance Act of 1968 was

enacted by title XIII of the Housing and Urban

Development Act of 1968 (Pub. L. 90-448, August 1,

1968) to provide previously unavailable flood

insurance protection to property owners in flood-

prone areas. Mudslide (as defined in Sec. 59.1)

protection was added to the Program by the Housing

and Urban Development Act of 1969 (Pub. L. 91-

152, December 24, 1969). Flood-related erosion (as

defined in Sec. 59.1) protection was added to the

Program by the Flood Disaster Protection Act of

1973 (Pub. L. 93-234, December 31, 1973). The

Flood Disaster Protection Act of 1973 requires the

purchase of flood insurance on and after March 2,

1974, as a condition of receiving any form of Federal

or federally-related financial assistance for

acquisition or construction purposes with respect to

insurable buildings and mobile homes within an

identified special flood, mudslide (i.e., mudflow), or

flood-related erosion hazard area that is located

within any community participating in the Program.

The Act also requires that on and after July 1, 1975,

or one year after a community has been formally

notified by the Administrator of its identification as

community containing one or more special flood,

mudslide (i.e., mudflow), or flood-related erosion

hazard areas, no such Federal financial assistance,

shall be provided within such an area unless the

community in which the area is located is then

participating in the Program, subject to certain

exceptions. See FIA published Guidelines at Sec.

59.4(c).

(b) To qualify for the sale of federally-subsidized

flood insurance a community must adopt and submit

NFIP Regulations E-11

to the Administrator as part of its application, flood

plain management regulations, satisfying at a

minimum the criteria set forth at part 60 of this

subchapter, designed to reduce or avoid future flood,

mudslide (i.e., mudflow) or flood-related erosion

damages. These regulations must include effective

enforcement provisions.

management regulations are set forth in Sec. 60.3 for

flood-prone areas, in Sec. 60.4 for mudslide (i.e.,

mudflow) areas and in Sec. 60.5 for flood-related

erosion areas. Those applicable requirements and

standards are based on the amount of technical

information available to the community.

[41 FR 46968, Oct. 26, 1976, as amended at 43 FR

7140, Feb. 17, 1978. Redesignated at 44 FR 31177,

May 31, 1979, and amended at 48 FR 44552, Sept.

29, 1983; 49 FR 4751, Feb. 8, 1984]

§ 59.4 References.

(a) The following are statutory references for the

National Flood Insurance Program, under which

these regulations are issued:

(1) National Flood Insurance Act of 1968 (title XIII

of the Housing and Urban Development Act of

1968), Pub. L. 90-448, approved August 1, 1968, 42

U.S.C. 4001 et seq.

(2) Housing and Urban Development Act of

1969 (Pub. L. 91-152, approved December 24, 1969).

(3) Flood Disaster Protection Act of 1973 (87 Stat.

980), Public Law 93-234, approved December 31,

1973.

(4) Section 816 of the Housing and Community

Development Act of 1974 (87 Stat. 975), Public Law

93-383, approved August 22, 1974.

(5) Public Law 5-128 (effective October 12, 1977).

(6) The above statutes are included in 42 U.S.C. 4001

et seq.

(b) The following are references relevant to the

National Flood Insurance Program:

(1) Executive Order 11988 (Floodplain Management,

dated May 24, 1977 (42 FR 26951, May 25, 1977)).

(2) The Flood Control Act of 1960 (Pub. L. 86645).

(3) Title II, section 314 of title III and section 406 of

title IV of the Disaster Relief Act of 1974 (Pub. L.

93-288).

(4) Coastal Zone Management Act (Pub. L. 92583),

as amended Public Law 94-370.

(5) Water Resources Planning Act (Pub. L. 8990), as

amended Public Law 94-112 (October 16, 1975).

(6) Title I, National Environmental Policy Act (Pub.

L. 91-190).

(7) Land and Water Conservation Fund Act (Pub. L.

89-578), and subsequent amendments thereto.

(8) Water Resources Council, Principals and

Standards for Planning, Water and Related Land

Resources (38 FR 24778-24869, September 10,

1973).

(9) Executive Order 11593 (Protection and

Enhancement of the Cultural Environment), dated

May 13, 1971 (36 FR 8921, May 15, 1971).

(10) 89th Cong., 2nd Session, H.D. 465.

(11) Required land use element for comprehensive

planning assistance under section 701 of the Housing

Act of 1954, as amended by the Housing and

Community Development Act of 1974 (24 CFR

600.72).

(12) Executive Order 11990 (Protection of Wetlands,

dated May 24, 1977 (42 FR 26951, May 25, 1977)).

(13) Water Resources Council (Guidance for

Floodplain Management) (42 FR 52590, September

30, 1977).

(14) Unified National Program for Floodplain

Management of the United States Water Resources

Council, July 1976.

views of the Federal Insurance Administration with

respect to the mandatory purchase of flood insurance

under section 102 of the Flood Disaster Protection

Act of 1973: Mandatory Purchase of Flood Insurance

Guidelines (54 FR 29666-29695, July 13, 1989). [41

FR 46968, Oct. 26, 1976, as amended at 43 FR 7140,

Feb. 17, 1978. Redesignated at 44 FR 31177, May

31, 1979, and amended at 57 FR 19540, May 7,

1992]

Subpart B--Eligibility Requirements §

59.21 Purpose of subpart.

This subpart lists actions that must be taken by a

community to become eligible and to remain eligible

for the Program.

[41 FR 46968, Oct. 26, 1976. Redesignated at 44 FR

31177, May 31, 1979]

§ 59.22 Prerequisites for the sale of flood

insurance.

(a) To qualify for flood insurance availability a

community shall apply for the entire area within its

jurisdiction, and shall submit:

(1) Copies of legislative and executive actions

indicating a local need for flood insurance and an

explicit desire to participate in the National Flood

Insurance Program;

NFIP Regulations E-12

(2) Citations to State and local statutes and

ordinances authorizing actions regulating land use

and copies of the local laws and regulations

cited;

(3) A copy of the flood plain management regulations

the community has adopted to meet the requirements

of Sec. 60.3, 60.4 and/or Sec. 60.5 of this subchapter.

This submission shall include copies of any zoning,

building, and subdivision regulations, health codes,

special purpose ordinances (such as a flood plain

ordinance, grading ordinance, or flood-related erosion

control ordinance), and any other corrective and

preventive measures enacted to reduce or prevent

flood, mudslide (i.e., mudflow) or flood-related

erosion damage;

(4) A list of the incorporated communities within the

applicant's boundaries;

(5) Estimates relating to the community as a whole

and to the flood, mudslide (i.e., mudflow) and flood-

related erosion prone areas

concerning:

(i) Population;

(ii) Number of one to four family residences;

(iii) Number of small businesses; and

(iv) Number of all other structures.

(6) Address of a local repository, such as a municipal

building, where the Flood Hazard Boundary Maps

(FHBM's) and Flood Insurance Rate Maps (FIRM's)

will be made available for public inspection;

(7) A summary of any State or Federal activities with

respect to flood plain, mudslide (i.e., mudflow) or

flood-related erosion area management within the

community, such as federally-funded flood control

projects and State-administered flood plain

management regulations;

(8) A commitment to recognize and duly evaluate

flood, mudslide (i.e., mudflow) and/or flood-related

erosion hazards in all official actions in the areas

having special flood, mudslide (i.e., mudflow) and/or

flood-related erosion hazards and to take such other

official action reasonably necessary to carry out the

objectives of the program; and

(9) A commitment to:

(i) Assist the Administrator at his/her request, in

his/her delineation of the limits of the areas having

special flood, mudslide

(i.e., mudflow) or flood-related erosion hazards;

(ii) Provide such information concerning present uses

and occupancy of the flood plain, mudslide (i.e.,

mudflow) or flood-related erosion areas as the

Administrator may request;

(iii) Maintain for public inspection and furnish

upon request, for the determination of applicable

flood insurance risk premium rates within all

areas having special flood hazards identified on a

FHBM or FIRM, any certificates of

floodproofing, and information on the elevation

(in relation to mean sea level) of the level of the

lowest floor (including basement) of all new or

substantially improved structures, and include

whether or not such structures contain a

basement, and if the structure has been

floodproofed, the elevation (in relation to mean

sea level) to which the structure was

floodproofed;

(iv) Cooperate with Federal, State, and local agencies

and private firms which undertake to study, survey,

map, and identify flood plain, mudslide (i.e.,

mudflow) or flood-related erosion areas, and

cooperate with neighboring communities with respect

to the management of adjoining flood plain, mud

slide (i.e., mudflow) and/or flood-related erosion

areas in order to prevent aggravation of existing

hazards;

(v) Upon occurrence, notify the Administrator in

writing whenever the boundaries of the community

have been modified by annexation or the community

has otherwise assumed or no longer has authority to

adopt and enforce flood

plain management regulations for a particular area. In

order that all FHBM's and FIRM's accurately

represent the community's boundaries, include within

such notification a copy of a map of the community

suitable for reproduction, clearly delineating the new

corporate limits or new area for which the community

has assumed or relinquished flood plain management

regulatory authority.

(b) An applicant shall legislatively:

(1) Appoint or designate the agency or official with

the responsibility, authority, and means to implement

the commitments made in paragraph

(a) of this section, and

(2) Designate the official responsible to submit a

report to the Administrator concerning the

community participation in the Program, including,

but not limited to the development and

implementation of flood plain management

regulations. This report shall be submitted annually

or biennially as determined by the Administrator.

section and evidence of the actions required by

paragraph (b) of this section shall be submitted to the

NFIP Regulations E-13

Federal Emergency Management Agency,

Washington DC 20472.

[41 FR 46968, Oct. 26, 1976. Redesignated at 44 FR

31177, May 31, 1979 and amended at 48 FR 29318,

June 24, 1983; 48 FR 44543 and 44552, Sept. 29,

1983; 49 FR 4751, Feb. 8, 1984; 49 FR 33656, Aug.

24, 1984; 50 FR

36023, Sept. 4, 1985]

§ 59.23 Priorities for the sale of flood insurance

under the regular program.

Flood-prone, mudslide (i.e., mudflow) and flood-

related erosion prone communities are placed on a

then selected from this register for ratemaking studies

on the basis of the following considerations--

(a) Recommendations of State officials;

(b) Location of community and urgency of need for

flood insurance;

or proposed development of the flood plain, the mud

slide (i.e., mudflow) and the flood-related erosion

area;

(d) Availability of information on the community

with respect to its flood, mudslide

(i.e., mudflow) and flood-related erosion

characteristics and previous losses;

(e) Extent of State and local progress in flood plain,

mudslide (i.e., mudflow) area and flood-related

erosion area management, including adoption of

flood plain management regulations consistent with

related ongoing programs in the area.

[41 FR 46968, Oct. 26, 1976. Redesignated at 44 FR

31177, May 31, 1979]

§ 59.24 Suspension of community eligibility.

(a) A community eligible for the sale of flood

insurance shall be subject to suspension from the

Program for failing to submit copies of adequate

flood plain management regulations meeting the

minimum requirements of paragraphs (b), (c), (d), (e)

or (f) of Sec.60.3 or paragraph (b) of Sec.60.4 or

Sec.60.5, within six months from the date the

Administrator provides the data upon which the flood

plain regulations for the applicable paragraph shall be

based. Where there has not been any submission by

the community, the Administrator shall notify the

community that 90 days remain in the six month

period in order to submit adequate flood plain

management regulations. Where there has been an

inadequate submission, the Administrator shall notify

the community of the specific deficiencies in its

submitted flood plain management regulations and

inform the community of the amount of time

remaining within the six month period. If,

subsequently, copies of adequate flood plain

management regulations are not received by the

Administrator, no later than 30 days before the

expiration of the original six month period the

Administrator shall provide written notice to the

community and to the state and assure publication in

the Federal Register under part 64 of this subchapter

of the community's loss of eligibility for the sale of

flood insurance, such suspension to become effective

upon the expiration of the six month period. Should

the community remedy the defect and the

Administrator receive copies of adequate flood plain

management regulations within the notice period, the

suspension notice shall be rescinded by the

Administrator. If the Administrator receives notice

from the State that it has enacted adequate flood plain

management regulations for the community within

the notice period, the

suspension notice shall be rescinded by the

Administrator. The community's eligibility shall

remain terminated after suspension until copies of

adequate flood plain management regulations have

been received and approved by the Administrator.

(b) A community eligible for the sale of flood

insurance which fails to adequately enforce flood

plain management regulations meeting the minimum

requirements set forth in Sec. 60.3,

60.4 and/or 60.5 shall be subject to probation.

Probation shall represent formal notification to the

community that the Administrator regards the

community's flood plain management program as not

compliant with NFIP criteria. Prior to imposing

probation, the Administrator

(1) shall inform the community upon 90 days prior

written notice of the impending probation and of the

specific program deficiencies and violations relative

to the failure to enforce,

(2) shall, at least 60 days before probation is to begin,

issue a press release to local media explaining the

reasons for and the effects of probation, and

(3) shall, at least 90 days before probation is to begin,

advise all policyholders in the community of the

impending probation and the additional premium that

will be charged, as provided in this paragraph, on

policies sold or renewed during the period of

probation. During this 90-day period the community

shall have the opportunity to avoid probation by

demonstrating compliance with Program

NFIP Regulations E-14

requirements, or by correcting Program deficiencies

and remedying all violations to

the maximum extent possible. If, at the end of the 90-

day period, the Administrator determines that the

community has failed to do so, the probation shall go

into effect. Probation may be

continued for up to one year after the community

corrects all Program deficiencies and remedies all

violations to the maximum extent possible. Flood

insurance may be sold or renewed in the community

while it is on probation. Where a policy covers

property located in a community placed on probation

on or after October 1, 1986, but prior to October 1,

1992, an additional premium of $25.00 shall be

charged on each such policy newly issued or renewed

during the one-year period beginning on the date the

community is placed on probation and during any

successive one-year periods that begin prior to

October 1, 1992. Where a community's probation

begins on or after October 1, 1992, the additional

premium described in the preceding sentence shall be

$50.00, which shall also be charged during any

successive one-year periods during which the

community remains on probation for any part thereof.

This $50.00 additional premium shall further be

charged during any successive one-year periods that

begin on or after October 1, 1992, where the

preceding one-year probation period began prior to

October 1, 1992.

insurance which fails to adequately enforce its flood

plain management regulations meeting the minimum

requirements set forth in Sec. 60.3,

60.4 and/or 60.5 and does not correct its Program

deficiencies and remedy all violations to the

maximum extent possible in accordance with

compliance deadlines established during a period of

probation shall be subject to suspension of its

Program eligibility. Under such circumstances, the

Administrator shall grant the community 30 days in

which to show cause why it should not be suspended.

The Administrator may conduct a hearing, written or

oral, before commencing suspensive action. If a

community is to be suspended, the Administrator

shall inform it upon 30 days prior written notice and

upon publication in the Federal Register under part

64 of this subchapter of its loss of eligibility for the

sale of flood insurance. In the event of impending

suspension, the Administrator shall issue a press

release to the local media explaining the reasons and

effects of the suspension. The community's eligibility

shall only be reinstated by the Administrator upon his

receipt of a local legislative or executive measure

reaffirming the community's formal intent to

adequately enforce the flood plain management

requirements of this subpart, together with evidence

of action taken by the community to correct Program

deficiencies and remedy to the maximum extent

possible those violations which caused the

suspension. In certain cases, the Administrator, in

order to evaluate the community's performance under

the terms of its submission, may withhold

reinstatement for a period not to exceed one year

from the date of his receipt of the satisfactory

submission or place the community on probation as

provided for in paragraph (b) of this section.

(d) A community eligible for the sale of flood

insurance which repeals its flood plain management

regulations, allows its regulations to lapse, or amends

its regulations so that they

no longer meet the minimum requirements set forth

in Sec. 60.3, 60.4 and/or 60.5 shall be suspended

from the Program. If a community

is to be suspended, the Administrator shall inform it

upon 30 days prior written notice and upon

publication in the Federal Register under part 64 of

this subchapter of its loss of eligibility for the sale of

flood insurance. The community eligibility shall

remain terminated after suspension until copies of

adequate flood plain management regulations have

been received and approved by the Administrator.

(e) A community eligible for the sale of flood

insurance may withdraw from the Program by

submitting to the Administrator a copy of a

legislative action that explicitly states its desire to

withdraw from the National Flood Insurance

Program. Upon receipt of a certified copy of a final

legislative action, the Administrator shall withdraw

the community from the Program and publish in the

Federal Register underpart 64 of this subchapter its

loss of eligibility for the sale of flood insurance. A

community that has withdrawn from the Program

may be reinstated if its submits the application

materials specified in Sec. 59.22(a).

(f) If during a period of ineligibility under paragraphs

(a), (d), or (e) of this section, a community has

permitted actions to take place that have aggravated

existing flood plain, mudslide (i.e., mudflow) and/or

flood related erosion hazards, the Administrator may

withhold reinstatement until the community submits

evidence that it has taken action to remedy to the

maximum extent possible the increased hazards. The

Administrator may also place the reinstated

community on probation as provided for in paragraph

NFIP Regulations E-15

(b) of this section.

(g) The Administrator shall promptly notify the

servicing company and any insurers issuing flood

insurance pursuant to an arrangement with the

Administrator of those communities whose eligibility

has been suspended or which have withdrawn from

the program. Flood insurance shall not be sold or

renewed in those communities. Policies sold or

renewed within a community during a period of

ineligibility are deemed to be voidable by the

Administrator whether or not the parties to sale or

renewal had actual notice of the ineligibility.

[41 FR 46968, Oct. 26, 1976. Redesignated at 44 FR

31177, May 31, 1979, and amended at 48 FR 44543

and 44552, Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984;

50 FR 36023, Sept. 4, 1985; 57 FR 19540, May 7,

1992; 59 FR 53598, Oct. 25, 1994; 62 FR 55715,

Oct. 27, 1997]

PART 60--CRITERIA FOR LAND

MANAGEMENT AND USE

Subpart A--Requirements for Flood Plain

Management Regulations

Sec.

60.1 Purpose of subpart.

60.2 Minimum compliance with flood plain

management criteria.

60.3 Flood plain management criteria for flood-prone

areas.

60.4 Flood plain management criteria for mudslide

(i.e., mudflow)-prone areas.

60.5 Flood plain management criteria for flood-

related erosion-prone areas.

60.6 Variances and exceptions.

60.7 Revisions of criteria for flood plain management

regulations.

60.8 Definitions.

Subpart B--Requirements for State Flood Plain

Management Regulations

Sec.

60.11 Purpose of this subpart.

60.12 Flood plain management criteria for State-

owned properties in special hazard areas.

60.13 Noncompliance.

Subpart C--Additional Considerations in

Managing Flood-Prone, Mudslide (i.e., Mudflow)-

Prone, and Flood-Related Erosion-Prone Areas

Sec.

60.21 Purpose of this subpart.

60.22 Planning considerations for flood-prone areas.

60.23 Planning considerations for mudslide (i.e.,

mudflow)-prone areas.

60.24 Planning considerations for flood-related

erosion-prone areas.

60.25 Designation, duties, and responsibilities of

State Coordinating Agencies.

60.26 Local coordination.

Authority: 42 U.S.C. 4001 et seq.;

Reorganization Plan No. 3 of 1978, 43 FR

41943, 3 CFR, 1978 Comp., p. 329; E.O. 12127

of Mar. 31, 1979, 44 FR 19367, 3 CFR, 1979

Comp., p. 376.

Source: 41 FR 46975, Oct. 26, 1976, unless

otherwise noted. Redesignated at 44 FR 31177,

May 31, 1979.

§ 60.1 Purpose of subpart.

(a) The Act provides that flood insurance shall not be

sold or renewed under the program within a

community, unless the community has adopted

adequate flood plain management regulations

consistent with Federal criteria. Responsibility for

establishing such criteria is delegated to the

Administrator.

(b) This subpart sets forth the criteria developed in

accordance with the Act by which the Administrator

will determine the adequacy of a community's flood

plain management regulations. These regulations

must be legally-enforceable, applied uniformly

throughout the community to all privately and

publicly owned land within flood-prone, mudslide

(i.e., mudflow) or flood-related erosion areas, and the

community must provide that the regulations take

precedence over any less restrictive conflicting local

laws, ordinances or codes. Except as otherwise

provided in Sec. 60.6, the adequacy of such

regulations shall be determined on the basis of the

standards set forth in Sec. 60.3 for flood-prone areas,

Sec. 60.4 for mudslide areas and Sec. 60.5 for flood-

related erosion areas.

modifying or replacing the general requirement that

all eligible communities must take into account flood,

mudslide (i.e., mudflow) and flood-related erosion

hazards, to the extent that they are known, in all

official actions relating to land management and use.

NFIP Regulations E-16

(d) The criteria set forth in this subpart are minimum

standards for the adoption of flood plain management

regulations by flood-prone, mudslide (i.e., mudflow)-

prone and flood-related erosion-prone communities.

Any community may exceed the minimum criteria

under this part by adopting more comprehensive

flood plain management regulations utilizing the

standards such as contained in subpart C of this part.

In some instances, community officials may have

access to information or knowledge of conditions that

require, particularly for human safety, higher

standards than the minimum criteria set forth in

subpart A of this part. Therefore, any flood plain

management regulations adopted by a State or a

community which are more restrictive than the

criteria set forth in this part are encouraged and shall

take precedence.

[41 FR 46975, Oct. 26, 1976. Redesignated at 44 FR

31177, May 31, 1979,

as amended at 48 FR 44552, Sept. 29, 1983; 49 FR

4751, Feb. 8, 1984]

§ 60.2 Minimum compliance with flood plain

management criteria.

(a) A flood-prone community applying for flood

insurance eligibility shall meet the standards of

Sec.60.3(a) in order to become eligible if a FHBM

has not been issued for the community at the time of

application. Thereafter, the community will be given

a period of six months from the date the

Administrator provides the data set forth in

Sec.60.3(b), (c), (d), (e) or (f), in which to meet the

requirements of the applicable paragraph. If a

community has received a FHBM, but has not yet

applied for Program eligibility, the community shall

apply for eligibility directly under the standards set

forth in Sec.60.3(b). Thereafter, the community will

be given a period of six months from the date the

Administrator provides the data set forth in

Sec.60.3(c), (d), (e) or (f) in which to meet the

requirements of the applicable paragraph.

(b) A mudslide (i.e., mudflow)-prone community

applying for flood insurance eligibility shall meet the

standards of Sec. 60.4(a) to become eligible.

Thereafter, the community will be given a period of

six months from the date the mudslide (i.e., mudflow)

areas having special mudslide hazards are delineated

in which to meet the requirements of Sec. 60.4(b).

applying for flood insurance eligibility shall meet the

standards of Sec. 60.5(a) to become eligible.

Thereafter, the community will be given a period of

six months from the date the flood-related erosion

areas having special erosion hazards are delineated in

which to meet the requirements of Sec. 60.5(b).

(d) Communities identified in part 65 of this

subchapter as containing more than one type of

hazard (e.g., any combination of special flood,

mudslide (i.e., mudflow), and flood-related erosion

hazard areas) shall adopt flood plain management

regulations for each type of hazard consistent with

the requirements of Sec.Sec. 60.3, 60.4 and 60.5.

(e) Local flood plain management regulations may be

submitted to the State Coordinating Agency

designated pursuant to Sec. 60.25 for its advice and

concurrence. The submission to the State shall clearly

describe proposed enforcement procedures.

(f) The community official responsible for submitting

annual or biennial reports to the Administrator

pursuant to Sec. 59.22(b)(2) of this subchapter shall

also submit copies of each annual or biennial report

to any State Coordinating Agency.

(g) A community shall assure that its comprehensive

plan is consistent with the flood plain management

objectives of this part.

(h) The community shall adopt and enforce flood

plain management regulations based on data provided

by the Administrator. Without prior approval of the

Administrator, the community shall not adopt and

enforce flood plain management regulations based

upon modified data reflecting natural or man-made

physical changes.

[41 FR 46975, Oct. 26, 1976. Redesignated at 44 FR

31177, May 31, 1979, as amended at 48 FR 29318,

June 24, 1983; 48 FR 44552, Sept. 29, 1983; 49 FR

4751, Feb. 8, 1984; 50 FR 36024, Sept. 4, 1985; 59

FR 53598, Oct. 25, 1994; 62 FR 55716, Oct. 27,

1997]

§ 60.3 Flood plain management criteria for flood-

prone areas.

The Administrator will provide the data upon which

flood plain management regulations shall be based. If

the Administrator has not provided sufficient data to

furnish a basis for these regulations in a particular

community, the community shall obtain, review and

reasonably utilize data available from other Federal,

State or other sources pending receipt of data from

the Administrator. However, when special flood

hazard area designations and water surface elevations

have been furnished by the Administrator, they shall

apply. The symbols defining such special flood

hazard designations are set forth in Sec. 64.3 of this

subchapter. In all cases the minimum requirements

NFIP Regulations E-17

governing the adequacy of the flood plain

management regulations for flood-prone areas

adopted by a particular community depend on the

amount of technical data formally provided to the

community by the Administrator. Minimum

standards for communities are as follows:

(a) When the Administrator has not defined the

special flood hazard areas within a community, has

not provided water surface elevation data, and has not

provided sufficient data to identify the floodway or

coastal high hazard area, but the community has

indicated the presence of such hazards by submitting

an application to participate in the Program, the

community shall:

(1) Require permits for all proposed construction or

other development in the community, including the

placement of manufactured homes, so that it may

determine whether such construction or other

development is proposed within flood-prone areas;

(2) Review proposed development to assure that all

necessary permits have been received from those

governmental agencies from which approval is

required by Federal or State law, including section

404 of the Federal Water Pollution Control Act

Amendments of 1972, 33 U.S.C. 1334;

(3) Review all permit applications to determine

whether proposed building sites will be reasonably

safe from flooding. If a proposed building site is in a

flood-prone area, all new construction and substantial

improvements shall

(i) be designed (or modified) and adequately

anchored to prevent flotation, collapse, or lateral

movement of the structure resulting from

hydrodynamic and hydrostatic loads, including the

effects of buoyancy, (ii) be constructed with materials

resistant to flood damage, (iii) be constructed by

methods and practices that minimize flood damages,

and (iv) be constructed with electrical, heating,

ventilation, plumbing, and air conditioning

equipment and other service facilities that are

designed and/or located so as to prevent water from

entering or accumulating within the components

during conditions of flooding.

(4) Review subdivision proposals and other proposed

new development, including manufactured home

parks or subdivisions, to determine whether such

proposals will be reasonably safe from flooding. If a

subdivision proposal or other proposed new

development is in a flood-prone area, any such

proposals shall be reviewed to assure that (i) all such

proposals are consistent with the need to minimize

flood damage within the flood-prone area, (ii) all

public utilities and facilities, such as sewer, gas,

electrical, and water systems are located and

constructed to minimize or eliminate flood damage,

and (iii) adequate drainage is provided to reduce

exposure to flood hazards;

(5) Require within flood-prone areas new and

replacement water supply systems to be designed to

minimize or eliminate infiltration of flood waters into

the systems; and

(6) Require within flood-prone areas (i) new and

replacement sanitary sewage systems to be designed

to minimize or eliminate infiltration of flood waters

into the systems and discharges from the systems into

flood waters and (ii) onsite waste disposal systems to

be located to avoid impairment to them or

contamination from them during flooding.

(b) When the Administrator has designated areas of

special flood hazards (A zones) by the publication of

a community's FHBM or FIRM, but has neither

produced water surface elevation data nor identified a

floodway or coastal high hazard area, the community

shall:

(1) Require permits for all proposed construction and

other developments including the placement of

manufactured homes, within Zone A on the

community's FHBM or FIRM;

(2) Require the application of the standards in

paragraphs (a) (2),

(3), (4), (5) and (6) of this section to development

within Zone A on the community's FHBM or FIRM;

(3) Require that all new subdivision proposals and

other proposed developments (including proposals

for manufactured home parks and subdivisions)

greater than 50 lots or 5 acres, whichever is the

lesser, include within such proposals base flood

elevation data; (4) Obtain, review and reasonably

utilize any base flood elevation and floodway data

available from a Federal, State, or other source,

including data developed pursuant to paragraph (b)(3)

of this section, as criteria for requiring that new

construction, substantial improvements, or other

development in Zone A on the community's FHBM

or FIRM meet the standards in paragraphs (c)(2),

(c)(3), (c)(5), (c)(6), (c)(12), (c)(14), (d)(2) and (d)(3)

of this section;

(5) Where base flood elevation data are utilized,

within Zone A on the community's FHBM or FIRM:

NFIP Regulations E-18

(i) Obtain the elevation (in relation to mean sea level)

of the lowest floor(including basement) of all new

and substantially improved structures, and

(ii) Obtain, if the structure has been floodproofed in

accordance with paragraph (c)(3)(ii) of this section,

the elevation (in relation to mean sea level) to which

the structure was floodproofed, and

(iii) Maintain a record of all such information with

the official designated by the community under Sec.

59.22 (a)(9)(iii);

(6) Notify, in riverine situations, adjacent

communities and the State Coordinating Office prior

to any alteration or relocation of a watercourse, and

submit copies of such notifications to the

Administrator;

(7) Assure that the flood carrying capacity within the

altered or relocated portion of any watercourse is

maintained;

(8) Require that all manufactured homes to be placed

within Zone A on a community's FHBM or FIRM

shall be installed using methods and practices which

minimize flood damage. For the purposes of this

requirement, manufactured homes must be elevated

and anchored to resist flotation, collapse, or lateral

movement. Methods of anchoring may include, but

are not to be limited to, use of over-the-top or frame

ties to ground anchors. This requirement is in

addition to applicable State and local anchoring

requirements for resisting wind forces.

final flood elevations for one or more special flood

hazard areas on the community's FIRM and, if

appropriate, has designated other special flood hazard

areas without base flood elevations on the

community's FIRM, but has not identified a

regulatory floodway or coastal high hazard area, the

community shall:

(1) Require the standards of paragraph (b) of this

section within all A1-30 zones, AE zones, A zones,

AH zones, and AO zones, on the community's FIRM;

(2) Require that all new construction and substantial

improvements of residential structures within Zones

A1-30, AE and AH zones on the community's FIRM

have the lowest floor (including basement) elevated

to or above the base flood level, unless the

community is granted an exception by the

Administrator for the allowance of basements in

accordance with Sec. 60.6 (b) or (c);

(3) Require that all new construction and substantial

improvements of non-residential structures within

Zones A1-30, AE and AH zones on the community's

firm (i) have the lowest floor (including basement)

elevated to or above the base flood level or, (ii)

together with attendant utility and sanitary facilities,

be designed so that below the base flood level the

structure is watertight with walls substantially

impermeable to the passage of water and with

structural components having the capability of

resisting hydrostatic and hydrodynamic loads and

effects of buoyancy;

(4) Provide that where a non-residential structure is

intended to be made watertight below the base flood

level, (i) a registered professional engineer or

architect shall develop and/or review structural

design, specifications, and plans for the construction,

and shall certify that the design and methods of

construction are in accordance with accepted

standards of practice for meeting the applicable

provisions of paragraph (c)(3)(ii) or (c)(8)(ii) of this

section, and (ii) a record of such certificates which

includes the specific elevation (in relation to mean

sea level) to which such structures are floodproofed

shall be maintained with the official designated by

the community under Sec. 59.22(a)(9)(iii);

(5) Require, for all new construction and substantial

improvements, that fully enclosed areas below the

lowest floor that are usable solely for parking of

vehicles, building access or storage in an area other

than a basement and which are subject to flooding

shall be designed to automatically equalize

hydrostatic flood forces on exterior walls by allowing

for the entry and exit of floodwaters. Designs for

meeting this requirement must either be certified by a

registered professional engineer or architect or meet

or exceed the following minimum criteria: A

minimum of two openings having a total net area of

not less than one square inch for every square foot of

enclosed area subject to flooding shall be provided.

The bottom of all openings shall be no higher than

one foot above grade. Openings may be equipped

with screens, louvers, valves, or other coverings or

devices provided that they permit the automatic entry

and exit of floodwaters.

(6) Require that manufactured homes that are placed

or substantially improved within Zones A1-30, AH,

and AE on the community's FIRM on sites

(i) Outside of a manufactured home park or

subdivision,

(ii) In a new manufactured home park or subdivision,

(iii) In an expansion to an existing manufactured

home park or subdivision, or

(iv) In an existing manufactured home park or

subdivision on which a manufactured home has

incurred ``substantial damage'' as the result of a

NFIP Regulations E-19

flood, be elevated on a permanent foundation such

that the lowest floor of the manufactured home is

elevated to or above the base flood elevation and be

securely anchored to an adequately anchored

foundation system to resist floatation collapse and

lateral movement.

(7) Require within any AO zone on the community's

FIRM that all new construction and substantial

improvements of residential structures have the

lowest floor (including basement) elevated above the

highest adjacent grade at least as high as the depth

number specified in feet on the community's FIRM

(at least two feet if no depth number is specified);

(8) Require within any AO zone on the community's

FIRM that all new construction and substantial

improvements of nonresidential structures

(i) have the lowest floor (including basement)

elevated above the highest adjacent grade at least as

high as the depth number specified in feet on the

community's FIRM (at least two feet if no depth

number is specified), or

(ii) together with attendant utility and sanitary

facilities be completely floodproofed to that level to

meet the floodproofing standard specified in Sec.

60.3(c)(3)(ii);

(9) Require within any A99 zones on a community's

FIRM the standards of paragraphs (a)(1) through

(a)(4)(i) and (b)(5) through (b)(9) of this section;

(10) Require until a regulatory floodway is

designated, that no new construction, substantial

improvements, or other development (including fill)

shall be permitted within Zones A1-30 and AE on the

community's FIRM, unless it is demonstrated that the

cumulative effect of the proposed development, when

combined with all other existing and anticipated

development, will not increase the water surface

elevation of the base flood more than one foot at any

point within the community.

(11) Require within Zones AH and AO, adequate

drainage paths around structures on slopes, to guide

floodwaters around and away from proposed

structures.

(12) Require that manufactured homes to be placed or

substantially improved on sites in an existing

manufactured home park or subdivision within Zones

A-1-30, AH, and AE on the community's FIRM that

are not subject to the provisions of paragraph (c)(6)

of this section be elevated so that either

(i) The lowest floor of the manufactured home is at or

above the base flood elevation, or

(ii) The manufactured home chassis is supported by

reinforced piers or other foundation elements of at

least equivalent strength that are no less than 36

inches in height above grade and be securely

anchored to an adequately anchored foundation

system to resist floatation, collapse, and lateral

movement.

(13) Notwithstanding any other provisions of Sec.

60.3, a community may approve certain development

in Zones Al-30, AE, and AH, on the community's

FIRM which increase the water surface elevation of

the base flood by more than one foot, provided that

the community first applies for a conditional FIRM

revision, fulfills the requirements for such a revision

as established under the provisions of Sec. 65.12, and

receives the approval of the Administrator.

(14) Require that recreational vehicles placed on sites

within Zones A1-30, AH, and AE on the community's

FIRM either

(i) Be on the site for fewer than 180 consecutive

days,

(ii) Be fully licensed and ready for highway use, or

(iii) Meet the permit requirements of paragraph (b)(1)

of this section and the elevation and anchoring

requirements for `”manufactured homes” in

paragraph (c)(6) of this section.

A recreational vehicle is ready for highway use if it is

on its wheels or jacking system, is attached to the site

only by quick disconnect type utilities and security

devices, and has no permanently attached additions.

NFIP Regulations E-20

(d) When the Administrator has provided a notice of

final base flood elevations within Zones A1-30

and/or AE on the community's FIRM and, if

appropriate, has designated AO zones, AH zones,

A99 zones, and A zones on the community's FIRM,

and has provided data from which the community

shall designate its regulatory floodway, the

community shall:

(1) Meet the requirements of paragraphs (c) (1)

through (14) of this section;

(2) Select and adopt a regulatory floodway based on

the principle that the area chosen for the regulatory

floodway must be designed to carry the waters of the

base flood, without increasing the water surface

elevation of that flood more than one foot at any

point;

(3) Prohibit encroachments, including fill, new

construction, substantial improvements, and other

development within the adopted regulatory floodway

unless it has been demonstrated through hydrologic

and hydraulic analyses performed in accordance with

standard engineering practice that the proposed

encroachment would not result in any increase in

flood levels within the community during the

occurrence of the base flood discharge;

(4) Notwithstanding any other provisions of Sec.

60.3, a community may permit encroachments within

the adopted regulatory floodway that would result in

an increase in base flood elevations, provided that the

community first applies for a conditional FIRM and

floodway revision, fulfills the requirements for such

revisions as established under the provisions of Sec.

65.12, and receives the approval of the Administrator.

(e) When the Administrator has provided a notice of

final base flood elevations within Zones A1-30

and/or AE on the community's FIRM and, if

appropriate, has designated AH zones, AO zones,

A99 zones, and A zones on the community's FIRM,

and has identified on the community's FIRM coastal

high hazard areas by designating Zones V1-30, VE,

and/or V, the community shall:

(1) Meet the requirements of paragraphs (c)(1)

through (14) of this section;

(2) Within Zones V1-30, VE, and V on a

community's FIRM, (i ) obtain the elevation (in

relation to mean sea level) of the bottom of the lowest

structural member of the lowest floor (excluding

pilings and columns) of all new and substantially

improved structures, and whether or not such

structures contain a basement, and (ii) maintain a

record of all such information with the official

designated by the community under Sec.

59.22(a)(9)(iii);

(3) Provide that all new construction within Zones

V1-30, VE, and V on the community's FIRM is

located landward of the reach of mean high tide;

(4) Provide that all new construction and substantial

improvements in Zones V1-30 and VE, and also

Zone V if base flood elevation data is available, on

the community's FIRM, are elevated on pilings and

columns so that

(i) the bottom of the lowest horizontal structural

member of the lowest floor (excluding the pilings or

columns) is elevated to or above the base flood level;

and

(ii) the pile or column foundation and structure

attached thereto is anchored to resist flotation,

collapse and lateral movement due to the effects of

wind and water loads acting simultaneously on all

building components. Water loading values used

shall be those associated with the base flood. Wind

loading values used shall be those required by

applicable State or local building standards. A

registered professional engineer or architect shall

develop or review the structural design, specifications

and plans for the construction, and shall certify that

the design and methods of construction to be used are

in accordance with accepted standards of practice for

meeting the provisions of paragraphs (e)(4)

(i) and (ii) of this section.

(5) Provide that all new construction and substantial

improvements within Zones V1-30, VE, and V on the

community's FIRM have the space below the lowest

floor either free of obstruction or constructed with

non-supporting breakaway walls, open wood lattice-

work, or insect screening intended to collapse under

wind and water loads without causing collapse,

displacement, or other structural damage to the

elevated portion of the building or supporting

foundation system. For the purposes of this section, a

breakway wall shall have a design safe loading

resistance of not less than 10 and no more than 20

pounds per square foot. Use of breakway walls which

exceed a design safe loading resistance of 20 pounds

per square foot (either by design or when so required

by local or State codes) may be permitted only if a

registered professional engineer or architect certifies

that the designs proposed meet the following

conditions:

(i) Breakaway wall collapse shall result from a water

load less than that which would occur during the base

flood; and,

(ii) The elevated portion of the building and

supporting foundation system shall not be subject to

NFIP Regulations E-21

collapse, displacement, or other structural damage

due to the effects of wind and water loads acting

simultaneously on all building components (structural

and non-structural). Water loading values used shall

be those associated with the base flood. Wind loading

values used shall be those required by applicable

State or local building standards. Such enclosed space

shall be useable solely for parking of vehicles,

building access, or storage.

(6) Prohibit the use of fill for structural support of

buildings within Zones V1-30, VE, and V on the

community's FIRM;

(7) Prohibit man-made alteration of sand dunes and

mangrove stands within Zones V1-30, VE, and V on

the community's FIRM which would increase

potential flood damage.

(8) Require that manufactured homes placed or

substantially improved within Zones V1-30, V, and

VE on the community's FIRM on sites

(i) Outside of a manufactured home park or

subdivision,

(ii) In a new manufactured home park or subdivision,

(iii) In an expansion to an existing manufactured

home park or subdivision, or

(iv) In an existing manufactured home park or

subdivision on which a manufactured home has

incurred ``substantial damage'' as the result of a

flood, meet the standards of paragraphs (e)(2)

through (7) of this section and that manufactured

homes placed or substantially improved on other sites

in an existing manufactured home park or subdivision

within Zones VI-30, V, and VE on the community's

FIRM meet the requirements of paragraph (c)(12) of

this section.

(9) Require that recreational vehicles placed on sites

within Zones V1-30, V, and VE on the community's

FIRM either

(i) Be on the site for fewer than 180 consecutive

days,

(ii) Be fully licensed and ready for highway use, or

(iii) Meet the requirements in paragraphs (b)(1) and

(e) (2) through (7) of this section.

A recreational vehicle is ready for highway use if it is

on its wheels or jacking system, is attached to the site

only by quick disconnect type utilities and security

devices, and has no permanently attached additions.

(f) When the Administrator has provided a notice of

final base flood elevations within Zones A1-30 or AE

on the community's FIRM, and, if appropriate, has

designated AH zones, AO zones, A99 zones, and A

zones on the community's FIRM, and has identified

flood protection restoration areas by designating

Zones AR, AR/A1-30, AR/AE, AR/AH, AR/AO, or

AR/A, the community shall:

(1) Meet the requirements of paragraphs (c)(1)

through (14) and (d)(1) through (4) of this section.

(2) Adopt the official map or legal description of

those areas within Zones AR, AR/A1-30, AR/AE,

AR/AH, AR/A, or AR/AO that are designated

developed areas as defined in Sec.59.1 in accordance

with the eligibility procedures under Sec.65.14.

(3) For all new construction of structures in areas

within Zone AR that are designated as developed

areas and in other areas within Zone AR where the

AR flood depth is 5 feet or less:

(i) Determine the lower of either the AR base flood

elevation or the elevation that is 3 feet above highest

adjacent grade; and

(ii) Using this elevation, require the standards of

paragraphs (c)(1) through (14) of this section.

(4) For all new construction of structures in those

areas within Zone AR that are not designated as

developed areas where the AR flood depth is greater

than 5 feet:

(i) Determine the AR base flood elevation; and

(ii) Using that elevation require the standards of

paragraphs (c)(1) through (14) of this section.

(5) For all new construction of structures in areas

within Zone AR/A1-30, AR/AE, AR/AH, AR/AO,

and AR/A:

(i) Determine the applicable elevation for Zone AR

from paragraphs (a)(3) and (4) of this section;

(ii) Determine the base flood elevation or flood depth

for the underlying A1-30, AE, AH, AO and A Zone;

and (iii) Using the higher elevation from paragraphs

(a)(5)(i) and (ii) of this section require the standards

of paragraphs (c)(1) through (14) of this section.

(6) For all substantial improvements to existing

construction within Zones AR/A1-30, AR/AE,

AR/AH, AR/AO, and AR/A:

(i) Determine the A1-30 or AE, AH, AO, or A Zone

base flood elevation; and

(ii) Using this elevation apply the requirements of

paragraphs (c)(1) through (14) of this section.

(7) Notify the permit applicant that the area has been

designated as an AR, AR/A1-30, AR/AE, AR/AH,

AR/AO, or AR/A Zone and whether the structure will

be elevated or protected to or above the AR base

flood elevation.

[41 FR 46975, Oct. 26, 1976]

Editorial Note: For Federal Register citations

affecting Sec. 60.3, see the List of CFR Sections

Affected, which appears in the Finding Aids section

of the printed volume and on GPO Access.

NFIP Regulations E-22

§ 60.4 Flood plain management criteria for

mudslide (i.e., mudflow)-prone areas.

The Administrator will provide the data upon which

flood plain management regulations shall be based. If

the Administrator has not provided sufficient data to

furnish a basis for these regulations in a particular

community, the community shall obtain, review, and

reasonably utilize data available from other Federal,

State or other sources pending receipt of data from

the Administrator. However, when special mudslide

(i.e., mudflow) hazard area designations have been

furnished by the Administrator, they shall apply. The

symbols defining such special mudslide (i.e.,

mudflow) hazard designations are set forth in Sec.

64.3 of this subchapter. In all cases, the minimum

requirements for mudslide (i.e., mudflow)-prone

areas adopted by a particular community depend on

the amount of technical data provided to the

community by the Administrator. Minimum

standards for communities are as follows:

(a) When the Administrator has not yet identified any

area within the community as an area having special

mudslide (i.e., mudflow) hazards, but the community

has indicated the presence of such hazards by

submitting an application to participate in the

Program, the community shall

(1) Require permits for all proposed construction or

other development in the community so that it may

determine whether development is proposed within

mudslide (i.e., mudflow)-prone areas;

(2) Require review of each permit application to

determine whether the proposed site and

improvements will be reasonably safe from

mudslides (i.e., mudflows). Factors to be considered

in making such a determination should include but

not be limited to (i) the type and quality of soils, (ii)

any evidence of ground water or surface water

problems, (iii) the depth and quality of any fill, (iv)

the overall slope of the site, and (v) the weight that

any proposed structure will impose on the slope;

(3) Require, if a proposed site and improvements are

in a location that may have mudslide (i.e., mudflow)

hazards, that

(i) a site investigation and further review be made by

persons qualified in geology and soils engineering,

(ii) the proposed grading, excavations, new

construction, and substantial improvements are

adequately designed and protected against mudslide

(i.e., mudflow) damages, (iii) the proposed grading,

excavations, new construction and substantial

improvements do not aggravate the existing hazard

by creating either on-site or off-site disturbances, and

(iv) drainage, planting, watering, and maintenance be

such as not to endanger slope stability.

(b) When the Administrator has delineated Zone M

on the community's FIRM, the community shall:

(1) Meet the requirements of paragraph (a) of this

section; and

(2) Adopt and enforce a grading ordinance or

regulation in accordance with data supplied by the

Administrator which (i) regulates the location of

foundation systems and utility systems of new

construction and substantial improvements, (ii)

regulates the location, drainage and maintenance of

all excavations, cuts and fills and planted slopes, (iii)

provides special requirements for protective measures

including but not necessarily limited to retaining

walls, buttress fills, sub-drains, diverter terraces,

benchings, etc., and (iv) requires engineering

drawings and specifications to be submitted for all

corrective measures, accompanied by supporting soils

engineering and geology reports. Guidance may be

obtained from the provisions of the 1973 edition and

any subsequent edition of the Uniform Building

Code, sections 7001 through 7006, and 7008 through

7015. The Uniform Building Code is published by

the International Conference of Building Officials, 50

South Los Robles, Pasadena, California 91101.

[41 FR 46975, Oct. 26, 1976. Redesignated at 44

FR 31177, May 31, 1979, as amended at 48 FR

44552, Sept. 29, 1983; 49 FR 4751, Feb. 8,

1984]

§ 60.5 Flood plain management criteria for flood-

related erosion-prone areas.

The Administrator will provide the data upon which

flood plain management regulations for flood-related

erosion-prone areas shall be based. If the

Administrator has not provided sufficient data to

furnish a basis for these regulations in a particular

community, the community shall obtain, review, and

reasonably utilize data available from other Federal,

State or other sources, pending receipt of data from

the Administrator. However, when special flood-

related erosion hazard area designations have been

furnished by the Administrator they shall apply. The

symbols defining such special flood-related erosion

hazard designations are set forth in Sec. 64.3 of this

subchapter. In all cases the minimum requirements

governing the adequacy of the flood plain

management regulations for flood-related erosion-

prone areas adopted by a particular community

depend on the amount of technical data provided to

NFIP Regulations E-23

the community by the Administrator. Minimum

standards for communities are as follows:

(a) When the Administrator has not yet identified any

area within the community as having special flood-

related erosion hazards, but the community has

indicated the presence of such hazards by submitting

an application to participate in the Program, the

community shall

(1) Require the issuance of a permit for all proposed

construction, or other development in the area of

flood-related erosion hazard, as it is known to the

community;

(2) Require review of each permit application to

determine whether the proposed site alterations and

improvements will be reasonably safe from flood-

related erosion and will not cause flood-related

erosion hazards or otherwise aggravate the existing

flood-related erosion hazard; and

(3) If a proposed improvement is found to be in the

path of flood-related erosion or to increase the

erosion hazard, require the improvement to be

relocated or adequate protective measures to be taken

which will not aggravate the existing erosion hazard.

(b) When the Administrator has delineated Zone E on

the community's FIRM, the community shall

(1) Meet the requirements of paragraph (a) of this

section; and

(2) Require a setback for all new development from

the ocean, lake, bay, riverfront or other body of

water, to create a safety buffer consisting of a natural

vegetative or contour strip. This buffer will be

designated by the Administrator according to the

flood-related erosion hazard and erosion rate, in

conjunction with the anticipated ``useful life'' of

structures, and depending upon the geologic,

hydrologic, topographic and climatic characteristics

of the community's land. The buffer may be used for

suitable open space purposes, such as for agricultural,

forestry, outdoor recreation and wildlife habitat areas,

and for other activities using temporary and portable

structures only.

[41 FR 46975, Oct. 26, 1976. Redesignated at 44

FR 31177, May 31, 1979, as amended at 48 FR

44552, Sept. 29, 1983; 49 FR 4751, Feb. 8,

1984]

§ 60.6 Variances and exceptions.

(a) The Administrator does not set forth absolute

criteria for granting variances from the criteria set

forth in Sec.. 60.3, 60.4, and 60.5. The issuance of a

variance is for flood plain management purposes

only. Insurance premium rates are determined by

statute according to actuarial risk and will not be

modified by the granting of a variance. The

community, after examining the applicant's

hardships, shall approve or disapprove a request.

While the granting of variances generally is limited to

a lot size less than one-half acre (as set forth in

paragraph (a)(2) of this section), deviations from that

limitation may occur. However, as the lot size

increases beyond one-half acre, the technical

justification required for issuing a variance increases.

The Administrator may review a community's

findings justifying the granting of variances, and if

that review indicates a pattern inconsistent with the

objectives of sound flood plain management, the

Administrator may take appropriate action under Sec.

59.24(b) of this subchapter. Variances may be issued

for the repair or rehabilitation of historic structures

upon a determination that the proposed repair or

rehabilitation will not preclude the structure's

continued designation as a historic structure and the

variance is the minimum necessary to preserve the

historic character and design of the structure.

Procedures for the granting of variances by a

community are as follows:

(1) Variances shall not be issued by a community

within any designated regulatory floodway if any

increase in flood levels during the base flood

discharge would result;

(2) Variances may be issued by a community for new

construction and substantial improvements to be

erected on a lot of one-half acre or less in size

contiguous to and surrounded by lots with existing

structures constructed below the base flood level, in

conformance with the procedures of paragraphs (a)

(3), (4), (5) and (6) of this section;

(3) Variances shall only be issued by a community

upon (i) a showing of good and sufficient cause, (ii) a

determination that failure to grant the variance would

result in exceptional hardship to the applicant, and

(iii) a determination that the granting of a variance

will not result in increased flood heights, additional

threats to public safety, extraordinary public expense,

create nuisances, cause fraud on or victimization of

the public, or conflict with existing local laws or

ordinances;

(4) Variances shall only be issued upon a

determination that the variance is the minimum

necessary, considering the flood hazard, to afford

relief;

NFIP Regulations E-24

(5) A community shall notify the applicant in writing

over the signature of a community official that (i) the

issuance of a variance to construct a structure below

the base flood level will result in increased premium

rates for flood insurance up to amounts as high as $25

for $100 of insurance coverage and (ii) such

construction below the base flood level increases

risks to life and property. Such notification shall be

maintained with a record of all variance actions as

required in paragraph (a)(6) of this section; and

(6) A community shall (i) maintain a record of all

variance actions, including justification for their

issuance, and (ii) report such variances issued in its

annual or biennial report submitted to the

Administrator.

(7) Variances may be issued by a community for new

construction and substantial improvements and for

other development necessary for the conduct of a

functionally dependent use provided that (i) the

criteria of paragraphs (a)(1) through (a)(4) of this

section are met, and (ii) the structure or other

development is protected by methods that minimize

flood damages during the base flood and create no

additional threats to public safety.

(b)(1) The requirement that each flood-prone,

mudslide (i.e., mudflow)-prone, and flood-related

erosion prone community must adopt and submit

adequate flood plain management regulations as a

condition of initial and continued flood insurance

eligibility is statutory and cannot be waived, and such

regulations shall be adopted by a community within

the time periods specified in Sec. 60.3, 60.4 or Sec.

60.5. However, certain exceptions from the standards

contained in this subpart may be permitted where the

Administrator recognizes that, because of

extraordinary circumstances, local conditions may

render the application of certain standards the cause

for severe hardship and gross inequity for a particular

community. Consequently, a community proposing

the adoption of flood plain management regulations

which vary from the standards set forth in Sec. 60.3,

60.4, or Sec. 60.5, shall explain in writing to the

Administrator the nature and extent of and the

reasons for the exception request and shall include

sufficient supporting economic, environmental,

topographic, hydrologic, and other scientific and

technical data, and data with respect to the impact on

public safety and the environment.

(2) The Administrator shall prepare a Special

Environmental Clearance to determine whether the

proposal for an exception under paragraph (b)(1) of

this section will have significant impact on the human

environment. The decision whether an Environmental

Impact Statement or other environmental document

will be prepared, will be made in accordance with the

procedures set out in 44 CFR part 10. Ninety or more

days may be required for an environmental quality

clearance if the proposed exception will have

significant impact on the human environment thereby

requiring an EIS.

management measures which adopt standards for

floodproofed residential basements below the base

flood level in zones A1-30, AH, AO, and AE which

are not subject to tidal flooding. Nothwithstanding

the requirements of paragraph

(b) of this section the Administrator may approve the

proposal provided that:

(1) The community has demonstrated that areas of

special flood hazard in which basements will be

permitted are subject to shallow and low velocity

flooding and that there is adequate flood warning

time to ensure that all residents are notified of

impending floods. For the purposes of this paragraph

flood characteristics must include:

(i) Flood depths that are five feet or less for

developable lots that are contiguous to land above the

base flood level and three feet or less for other lots;

(ii) Flood velocities that are five feet per second or

less; and(iii) Flood warning times that are 12 hours or

greater. Flood warning times of two hours or greater

may be approved if the community demonstrates that

it has a flood warning system and emergency plan in

operation that is adequate to ensure safe evacuation

of flood plain residents.

(2) The community has adopted flood plain

management measures that require that new

construction and substantial improvements of

residential structures with basements in zones A1-30,

AH, AO, and AE shall:

(i) Be designed and built so that any basement area,

together with attendant utilities and sanitary facilities

below the floodproofed design level, is watertight

with walls that are impermeable to the passage of

water without human intervention. Basement walls

shall be built with the capacity to resist hydrostatic

and hydrodynamic loads and the effects of buoyancy

resulting from flooding to the floodproofed design

level, and shall be designed so that minimal damage

will occur from floods that exceed that level. The

floodproofed design level shall be an elevation one

foot above the level of the base flood where the

difference between the base flood and the 500-year

flood is three feet or less and two feet above the level

NFIP Regulations E-25

of the base flood where the difference is greater than

three feet.

(ii) Have the top of the floor of any basement area no

lower than five feet below the elevation of the base

flood;

iii) Have the area surrounding the structure on all

sides filled to or above the elevation of the base

flood. Fill must be compacted with slopes protected

by vegetative cover;

(iv) Have a registered professional engineer or

architect develop or review the building's structural

design, specifications, and plans, including

consideration of the depth, velocity, and duration of

flooding and type and permeability of soils at the

building site, and certify that the basement design and

methods of construction proposed are in accordance

with accepted standards of practice for meeting the

provisions of this paragraph;

(v) Be inspected by the building inspector or other

authorized representative of the community to verify

that the structure is built according to its design and

those provisions of this section which are verifiable.

[41 FR 46975, Oct. 26, 1976. Redesignated at 44 FR

31177, May 31, 1979, as amended at 48 FR 44543

and 44552, Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984;

50 FR 36025, Sept. 4, 1985; 51 FR 30308, Aug. 25,

1986; 54 FR 33550, Aug. 15, 1989]

§ 60.7 Revisions of criteria for flood plain

management regulations.

From time to time part 60 may be revised as

experience is acquired under the Program and new

information becomes available. Communities will be

given six months from the effective date of any new

regulation to revise their flood plain management

regulations to comply with any such changes.

§ 60.8 Definitions.

The definitions set forth in part 59 of this subchapter

are applicable to this part.

Subpart B--Requirements for State Flood Plain

Management Regulations

§ 60.11 Purpose of this subpart.

(a) A State is considered a ``community'' pursuant to

Sec. 59.1 of this subchapter; and, accordingly, the

Act provides that flood insurance shall not be sold or

renewed under the Program unless a community has

adopted adequate flood plain management regulations

consistent with criteria established by the

Administrator.

(b) This subpart sets forth the flood plain

management criteria required for State-owned

properties located within special hazard areas

identified by the Administrator. A State shall satisfy

such criteria as a condition to the purchase of a

Standard Flood Insurance Policy for a State-owned

structure or its contents, or as a condition to the

approval by the Administrator, pursuant to part 75 of

this subchapter, of its plan of self-insurance.

[41 FR 46975, Oct. 26, 1976. Redesignated at 44 FR

31177, May 31, 1979, as amended at 48 FR 44552,

Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984]

§ 60.12 Flood plain management criteria for

State-owned properties in special hazard areas.

(a) The State shall comply with the minimum flood

plain management criteria set forth in Sec.Sec. 60.3,

60.4, and 60.5. A State either shall:

(1) Comply with the flood plain management

requirements of all local communities participating in

the program in which State-owned properties are

located; or(2) Establish and enforce flood plain

management regulations which, at a minimum,

satisfy the criteria set forth in Sec. 60.3, 60.4, and

60.5.

(b) The procedures by which a state government

adopts and administers flood plain management

regulations satisfying the criteria set forth in Sec.

60.3, 60.4 and 60.5 may vary from the procedures by

which local governments satisfy the criteria.

participating local community, then the State shall

comply with the requirements of paragraph (a)(2) of

this section for the property.

§ Sec. 60.13 Noncompliance.

If a State fails to submit adequate flood plain

management regulations applicable to State-owned

properties pursuant to Sec. 60.12 within six months

of the effective date of this regulation, or fails to

adequately enforce such regulations, the State shall

be subject to suspensive action pursuant to Sec.

59.24. Where the State fails to adequately enforce its

flood plain management regulations, the

Administrator shall conduct a hearing before

initiating such suspensive action.

[41 FR 46975, Oct. 26, 1976. Redesignated at 44

FR 31177, May 31, 1979, as amended at 48 FR

44552, Sept. 29, 1983; 49 FR 4751, Feb. 8,

1984]

NFIP Regulations E-26

Subpart C--Additional Considerations in

Managing Flood-Prone, Mudslide (i.e., Mudflow)-

Prone and Flood-Related Erosion-Prone Areas

§ 60.21 Purpose of this subpart.

The purpose of this subpart is to encourage the

formation and adoption of overall comprehensive

management plans for flood-prone, mudslide (i.e.,

mudflow)-prone and flood-related erosion-prone

areas. While adoption by a community of the

standards in this subpart is not mandatory, the

community shall completely evaluate these standards.

§ 60.22 Planning considerations for flood-prone

areas.

(a) The flood plain management regulations adopted

by a community for flood-prone areas should:

(1) Permit only that development of flood-prone

areas which (i) is appropriate in light of the

probability of flood damage and the need to reduce

flood losses, (ii) is an acceptable social and economic

use of the land in relation to the hazards involved,

and (iii) does not increase the danger to human life;

(2) Prohibit nonessential or improper installation of

public utilities and public facilities in flood-prone

areas.

(b) In formulating community development goals

after the occurrence of a flood disaster, each

community shall consider--

(1) Preservation of the flood-prone areas for open

space purposes;

(2) Relocation of occupants away from flood-prone

areas;

(3) Acquisition of land or land development rights for

public purposes consistent with a policy of

minimization of future property losses;

(4) Acquisition of frequently flood-damaged

structures;

in adopting flood plain management regulations, each

community shall consider at least the following

factors--

(1) Human safety;

(2) Diversion of development to areas safe from

flooding in light of the need to reduce flood damages

and in light of the need to prevent environmentally

incompatible flood plain use;

(3) Full disclosure to all prospective and interested

parties (including but not limited to purchasers and

renters) that

(i) certain structures are located within flood-prone

areas,

(ii) variances have been granted for certain structures

located within flood-prone areas, and

(iii) premium rates applied to new structures built at

elevations below the base flood substantially increase

as the elevation decreases;

(4) Adverse effects of flood plain development on

existing development;

(5) Encouragement of floodproofing to reduce flood

damage;

(6) Flood warning and emergency preparedness

plans;

(7) Provision for alternative vehicular access and

escape routes when normal routes are blocked or

destroyed by flooding;

(8) Establishment of minimum floodproofing and

access requirements for schools, hospitals, nursing

homes, orphanages, penal institutions, fire stations,

police stations, communications centers, water and

sewage pumping stations, and other public or quasi-

public facilities already located in the flood-prone

area, to enable them to withstand flood damage, and

to facilitate emergency operations;

(9) Improvement of local drainage to control

increased runoff that might increase the danger of

flooding to other properties;

(10) Coordination of plans with neighboring

community's flood plain management programs;

(11) The requirement that all new construction and

substantial improvements in areas subject to

subsidence be elevated above the base flood level

equal to expected subsidence for at least a ten year

period;

(12) For riverine areas, requiring subdividers to

furnish delineations for floodways before approving a

subdivision;

(13) Prohibition of any alteration or relocation of a

watercourse, except as part of an overall drainage

basin plan. In the event of an overall drainage basin

plan, provide that the flood carrying capacity within

the altered or relocated portion of the watercourse is

maintained;

(14) Requirement of setbacks for new construction

within Zones V1-30, VE, and V on a community's

FIRM;

(15) Requirement of additional elevation above the

base flood level for all new construction and

substantial improvements within Zones A1-30, AE,

V1-30, and VE on the community's FIRM to protect

against such occurrences as wave wash and floating

NFIP Regulations E-27

debris, to provide an added margin of safety against

floods having a magnitude greater than the base

flood, or to compensate for future urban

development;

(16) Requirement of consistency between state,

regional and local comprehensive plans and flood

plain management programs;

(17) Requirement of pilings or columns rather than

fill, for the elevation of structures within flood-prone

areas, in order to maintain the storage capacity of the

flood plain and to minimize the potential for negative

impacts to sensitive ecological areas;

(18) Prohibition, within any floodway or coastal high

hazard area, of plants or facilities in which hazardous

substances are manufactured.

(19) Requirement that a plan for evacuating residents

of all manufactured home parks or subdivisions

located within flood prone areas be developed and

filed with and approved by appropriate community

emergency management authorities. [41 FR 46975,

Oct. 26, 1976. Redesignated at 44 FR 31177, May 31,

1979, as amended at 50 FR 36025, Sept. 4, 1985; 54

FR 40284, Sept. 29, 1989]

§ 60.23 Planning considerations for mud slide

(i.e., mudflow)-prone areas.

The planning process for communities identified

under part 65 of this subchapter as containing Zone

M, or which indicate in their applications for flood

insurance pursuant to Sec. 59.22 of this subchapter

that they have mudslide (i.e., mudflow) areas, should

include--

(a) The existence and extent of the hazard;

(b) The potential effects of inappropriate hillside

development, including

(1) Loss of life and personal injuries, and

(2) Public and private property losses, costs,

liabilities, and exposures resulting from potential

mudslide (i.e., mudflow) hazards;

(1) availability of land which is not mudslide (i.e.,

mudflow)-prone and the feasibility of developing

such land instead of further encroaching upon

mudslide (i.e., mudflow) areas, (2) possibility of

public acquisition of land, easements, and

development rights to assure the proper development

of hillsides, and

(3) advisability of preserving mudslide (i.e.,

mudflow) areas as open space;

(d) The means of adjusting to the hazard, including

the (1) establishment by ordinance of site exploration,

investigation, design, grading, construction, filing,

compacting, foundation, sewerage, drainage,

subdrainage, planting, inspection and maintenance

standards and requirements that promote proper land

use, and

(2) provision for proper drainage and subdrainage on

public property and the location of public utilities and

service facilities, such as sewer, water, gas and

electrical systems and streets in a manner designed to

minimize exposure to mudslide (i.e., mudflow)

hazards and prevent their aggravation;

(e) Coordination of land use, sewer, and drainage

regulations and ordinances with fire prevention, flood

plain, mudslide (i.e., mudflow), soil, land, and water

regulation in neighboring communities;

(f) Planning subdivisions and other developments in

such a manner as to avoid exposure to mudslide (i.e.,

mudflow) hazards and the control of public facility

and utility extension to discourage inappropriate

development;

(g) Public facility location and design requirements

with higher site stability and access standards for

schools, hospitals, nursing homes, orphanages,

correctional and other residential institutions, fire and

police stations, communication centers, electric

power transformers and substations, water and sewer

pumping stations and any other public or quasi-public

institutions located in the mudslide (i.e., mudflow)

area to enable them to withstand mudslide (i.e.,

mudflow) damage and to facilitate emergency

operations; and

(h) Provision for emergencies, including:

(1) Warning, evacuation, abatement, and access

procedures in the event of mudslide (i.e., mudflow),

(2) Enactment of public measures and initiation of

private procedures to limit danger and damage from

continued or future mudslides (i.e., mudflow),

(3) Fire prevention procedures in the event of the

rupture of gas or electrical distribution systems by

mudslides,

(4) Provisions to avoid contamination of water

conduits or deterioration of slope stability by the

rupture of such systems,

(5) Similar provisions for sewers which in the event

of rupture pose both health and site stability hazards

and

(6) Provisions for alternative vehicular access and

escape routes when normal routes are blocked or

destroyed by mudslides (i.e., mudflow);

(i) The means for assuring consistency between state,

areawide, and local comprehensive plans with the

plans developed for mudslide (i.e., mudflow)-prone

areas;

NFIP Regulations E-28

(j) Deterring the nonessential installation of public

utilities and public facilities in mudslide (i.e.,

mudflow)-prone areas.

§ 60.24 Planning considerations for flood-related

erosion-prone areas.

The planning process for communities identified

under part 65 of this subchapter as containing Zone E

or which indicate in their applications for flood

insurance coverage pursuant to Sec.

59.22 of this subchapter that they have flood-related

erosion areas should include--

(a) The importance of directing future developments

to areas not exposed to flood-related erosion;

(b) The possibility of reserving flood-related erosion-

prone areas for open space purposes;

related erosion-prone areas with planning at the State

and Regional levels, and with planning at the level of

neighboring communities;

(d) Preventive action in E zones, including setbacks,

shore protection works, relocating structures in the

path of flood-related erosion, and community

acquisition of flood-related erosion-prone properties

for public purposes;

(e) Consistency of plans for flood-related erosion-

prone areas with comprehensive plans at the state,

regional and local levels.

§ 60.25 Designation, duties, and responsibilities of

State Coordinating Agencies.

(a) States are encouraged to demonstrate a

commitment to the minimum flood plain

management criteria set forth in Sec.Sec. 60.3, 60.4,

and 60.5 as evidenced by the designation of an

agency of State government to be responsible for

coordinating the Program aspects of flood plain

management in the State.

(b) State participation in furthering the objectives of

this part shall include maintaining capability to

perform the appropriate duties and responsibilities as

follows:

(1) Enact, whenever necessary, legislation enabling

counties and municipalities to regulate development

within flood-prone areas;

(2) Encourage and assist communities in qualifying

for participation in the Program;

(3) Guide and assist county and municipal public

bodies and agencies in developing, implementing,

and maintaining local flood plain management

regulations;

(4) Provide local governments and the general public

with Program information on the coordination of

local activities with Federal and State requirements

for managing flood-prone areas;

(5) Assist communities in disseminating information

on minimum elevation requirements for development

within flood-prone areas;

(6) Assist in the delineation of riverine and coastal

flood-prone areas, whenever possible, and provide all

relevant technical information to the Administrator;

(7) Recommend priorities for Federal flood plain

management activities in relation to the needs of

county and municipal localities within the State;

(8) Provide notification to the Administrator in the

event of apparent irreconcilable differences between

a community's local flood plain management program

and the minimum requirements of the Program;

(9) Establish minimum State flood plain management

regulatory standards consistent with those established

in this part and in conformance with other Federal

and State environmental and water pollution

standards for the prevention of pollution during

periods of flooding;

(10) Assure coordination and consistency of flood

plain management activities with other State,

areawide, and local planning and enforcement

agencies;

(11) Assist in the identification and implementation

of flood hazard mitigation recommendations which

are consistent with the minimum flood plain

management criteria for the Program;

(12) Participate in flood plain management training

opportunities and other flood hazard preparedness

programs whenever practicable.

deemed appropriate by the State and which are to be

officially designated as being conducted in the

capacity of the State Coordinating Agency for the

Program, may be carried out with prior notification of

the Administrator.

(d) For States which have demonstrated a

commitment to and experience in application of the

minimum flood plain management criteria set forth in

Sec. 60.3, 60.4, and 60.5 as evidenced by the

establishment and implementation of programs which

substantially encompass the activities described in

paragraphs (a), (b), and (c) of this section, the

Administrator shall take the foregoing into account

when:

(1) Considering State recommendations prior to

implementing Program activities affecting State

communities;

(2) Considering State approval or certifications of

NFIP Regulations E-29

local flood plain management regulations as meeting

the requirements of this part.

[51 FR 30309, Aug. 25, 1986]

§ 60.26 Local coordination.

(a) Local flood plain, mudslide (i.e., mudflow) and

flood-related erosion area management, forecasting,

emergency preparedness, and damage abatement

programs should be coordinated with relevant

Federal, State, and regional programs;

(b) A community adopting flood plain management

regulations pursuant to these criteria should

coordinate with the appropriate State agency to

promote public acceptance and use of effective flood

plain, mudslide, (i.e., mudflow) and flood-related

erosion regulations;

prior to substantial commercial developments and

large subdivisions to be undertaken in areas having

special flood, mudslide (i.e., mudflow) and/or flood-

related erosion hazards.

PART 65--IDENTIFICATION AND MAPPING

OF SPECIAL HAZARD AREAS-

Table of Contents

Sec.

65.1 Purpose of part.

65.2 Definitions.

65.3 Requirement to submit new technical data.

65.4 Right to submit new technical data.

65.5 Revision to special hazard area boundaries with

no change to base flood elevation determinations.

65.6 Revision of base flood elevation determinations.

65.7 Floodway revisions.

65.8 Review of proposed projects.

65.9 Review and response by the Administrator.

65.10 Mapping of areas protected by levee systems.

65.11 Evaluation of sand dunes in mapping coastal

flood hazard areas.

65.12 Revision of flood insurance rate maps to reflect

base flood elevations caused by proposed

encroachments.

65.13 Mapping and map revisions for areas subject to

alluvial fan flooding.

65.14 Remapping of areas for which local flood

protection systems no longer provide base flood

protection.

65.15 List of communities submitting new technical

data.

65.16 Standard Flood Hazard Determination Form

and Instructions.

65.17 Review of determinations.

Authority: 42 U.S.C. 4001 et seq.; Reorganization

Plan No. 3 of 1978, 43 FR 41943, 3 CFR, 1978

Comp., p. 329; E.O. 12127 of Mar. 31, 1979, 44 FR

19367, 3 CFR, 1979 Comp., p. 376.

§ 65.1 Purpose of part.

42 U.S.C. 4104 authorizes the Director to identify

and publish information with respect to all areas

within the United States having special flood,

mudslide (i.e., mudflow) and flood-related erosion

hazards. The purpose of this part is to outline the

steps a community needs to take in order to assist the

Agency's effort in providing up-to-date identification

and publication, in the form of the maps described in

part 64, on special flood, mudslide (i.e., mudflow)

and flood-related erosion hazards.

[48 FR 28278, June 21, 1983]

§ 65.2 Definitions.

(a) Except as otherwise provided in this part, the

definitions set forth in part 59 of this subchapter are

applicable to this part.

(b) For the purpose of this part, a certification by a

registered professional engineer or other party does

not constitute a warranty or guarantee of

performance, expressed or implied. Certification of

data is a statement that the data is accurate to the best

of the certifier's knowledge. Certification of analyses

is a statement that the analyses have been performed

correctly and in accordance with sound engineering

practices. Certification of structural works is a

statement that the works are designed in accordance

with sound engineering practices to provide

protection from the base flood. Certification of ``as

built'' conditions is a statement that the structure(s)

has been built according to the plans being certified,

is in place, and is fully functioning.

from flooding'' means base flood waters will not

inundate the land or damage structures to be removed

from the SFHA and that any subsurface waters

related to the base flood will not damage existing or

proposed buildings.

[51 FR 30313, Aug. 25, 1986, as amended at 66 FR

22442, May 4, 2001]

§ 65.3 Requirement to submit new technical data.

A community's base flood elevations may increase or

decrease resulting from physical changes affecting

flooding conditions. As soon as practicable, but not

later than six months after the date such information

NFIP Regulations E-30

becomes available, a community shall notify the

Administrator of the changes by submitting technical

or scientific data in accordance with this part. Such a

submission is necessary so that upon confirmation of

those physical changes affecting flooding conditions,

risk premium rates and flood plain management

requirements will be based upon current data.

[51 FR 30313, Aug. 25, 1986]

§ 65.4 Right to submit new technical data.

(a) A community has a right to request changes to

any of the information shown on an effective map

that does not impact flood plain or floodway

delineations or base flood elevations, such as

community boundary changes, labeling, or

planimetric details. Such a submission shall include

appropriate supporting documentation in accordance

with this part and may be submitted at any time.

(b) All requests for changes to effective maps, other

than those Initiated by FEMA, must be made in

writing by the Chief Executive Officer of the

community (CEO) or an official designated by the

CEO. Should the CEO refuse to submit such a

request on behalf of another party, FEMA will agree

to review it only if written evidence is provided

indicating the CEO or designee has been requested to

do so.(c) Requests for changes to effective Flood

Insurance Rate Maps (FIRMs) and Flood Boundary

and Floodway Maps (FBFMs) are subject to the cost

recovery procedures described in 44 CFR part 72. As

indicated in part 72, revisions requested to correct

mapping errors or errors in the Flood Insurance Study

analysis are not to be subject to the cost-recovery

procedures.

[51 FR 30313, Aug. 25, 1986, as amended at 57 FR

29038, June 30, 1992; 61 FR 46331, Aug. 30, 1996;

62 FR 5736, Feb. 6, 1997]

Editorial Note: For references to FR pages showing

lists of eligible communities, see the List of CFR

Sections Affected, which appears in the Finding Aids

section of the printed volume and on GPO Access.

§ 65.5 Revision to special hazard area boundaries

with no change to base flood elevation

determinations.

(a) Data requirements for topographic changes. In

many areas of special flood hazard (excluding V

zones and floodways) it may be feasible to elevate

areas with engineered earthen fill above the base

flood elevation. Scientific and technical information

to support a request to gain exclusion from an area of

special flood hazard of a structure or parcel of land

that has been elevated by the placement of engineered

earthen fill will include the following:

(1) A copy of the recorded deed indicating the legal

description of the property and the official

recordation information (deed book volume and page

number) and bearing the seal of the appropriate

recordation official (e.g., County Clerk or Recorder

of Deeds).

(2) If the property is recorded on a plat map, a copy

of the recorded plat indicating both the location of the

property and the official recordation information (plat

book volume and page number) and bearing the seal

of the appropriate recordation official. If the property

is not recorded on a plat map, FEMA requires copies

of the tax map or other suitable maps to help in

locating the property accurately.

(3) A topographic map or other information

indicating existing ground elevations and the date of

fill. FEMA's determination to exclude a legally

defined parcel of land or a structure from the area of

special flood hazard will be based upon a comparison

of the base flood elevations to the lowest ground

elevation of the parcel or the lowest adjacent grade to

the structure. If the lowest ground elevation of the

entire legally defined parcel of land or the lowest

adjacent grade to the structure are at or above the

elevations of the base flood, FEMA will exclude the

parcel and/or structure from the area of special flood

hazard.

(4) Written assurance by the participating community

that they have complied with the appropriate

minimum floodplain management requirements under

Sec. 60.3. This includes the requirements that:

(i) Existing residential structures built in the SFHA

have their lowest floor elevated to or above the base

flood;

(ii) The participating community has determined that

the land and any existing or proposed structures to be

removed from the SFHA are ``reasonably safe from

flooding'', and that they have on file, available upon

request by FEMA, all supporting analyses and

documentation used to make that determination;

(iii) The participating community has issued permits

for all existing and proposed construction or other

development; and

(iv) All necessary permits have been received from

those governmental agencies where approval is

required by Federal, State, or local law.

(5) If the community cannot assure that it has

complied with the appropriate minimum floodplain

management requirements under Sec. 60.3, of this

NFIP Regulations E-31

chapter, the map revision request will be deferred

until the community remedies all violations to the

maximum extent possible through coordination with

FEMA. Once the remedies are in place, and the

community assures that the land and structures are

``reasonably safe from flooding,'' we will process a

revision to the SFHA using the criteria set forth in

Sec. 65.5(a). The community must maintain on file,

and make available upon request by FEMA, all

supporting analyses and documentation used in

determining that the land or structures are

``reasonably safe from flooding.''

(6) Data to substantiate the base flood elevation. If

we complete a Flood Insurance Study (FIS), we will

use those data to substantiate the base flood

elevation. Otherwise, the community may submit

data provided by an authoritative source, such as the

U.S. Army Corps of Engineers, U.S. Geological

Survey, Natural Resources Conservation Service,

State and local water resource departments, or

technical data prepared and certified by a registered

professional engineer. If base flood elevations have

not previously been established, we may also request

hydrologic and hydraulic calculations.

(7) A revision of floodplain delineations based on fill

must demonstrate that any such fill does not result in

a floodway encroachment.

(b) New topographic data. A community may also

follow the procedures described in paragraphs (a)(1)

through (6) of this section to request a map revision

when no physical changes have occurred in the area

of special flood hazard, when no fill has been placed,

and when the natural ground elevations are at or

above the elevations of the base flood, where new

topographic maps are more detailed or more accurate

than the current map.

professional engineer or licensed land surveyor must

certify the items required in paragraphs (a)(3) and (6)

and (b) of this section. Such certifications are subject

to the provisions under Sec. 65.2.

(d) Submission procedures. Submit all requests to the

appropriate address serving the community's

geographic area or to the FEMA Headquarters Office

in Washington, DC.

[66 FR 22442, May 4, 2001]

§ 65.6 Revision of base flood elevation

determinations.

(a) General conditions and data requirements.

(1) The supporting data must include all the

information FEMA needs to review and evaluate the

request. This may involve the requestor's performing

new hydrologic and hydraulic analysis and

delineation of new flood plain boundaries and

floodways, as necessary.

(2) To avoid discontinuities between the revised and

unrevised flood data, the necessary hydrologic and

hydraulic analyses submitted by the map revision

requestor must be extensive enough to ensure that a

logical transition can be shown between the revised

flood elevations, flood plain boundaries, and

floodways and those developed previously for areas

not affected by the revision. Unless it is demonstrated

that it would not be appropriate, the revised and

unrevised base flood elevations must match within

one-half foot where such transitions occur.

(3) Revisions cannot be made based on the effects of

proposed projects or future conditions. Section 65.8

of this subchapter contains provisions for obtaining

conditional approval of proposed projects that may

effect map changes when they are completed.

(4) The datum and date of releveling of benchmarks,

if any, to which the elevations are referenced must be

indicated.

(5) Maps will not be revised when discharges change

as a result of the use of an alternative methodology or

data for computing flood discharges unless the

change is statistically significant as measured by a

confidence limits analysis of the new discharge

estimates.

(6) Any computer program used to perform

hydrologic or hydraulic analyses in support of a flood

insurance map revision must meet all of the following

criteria:

(i) It must have been reviewed and accepted by a

governmental agency responsible for the

implementation of programs for flood control and/or

the regulation of flood plain lands. For computer

programs adopted by non-Federal agencies,

certification by a responsible agency official must be

provided which states that the program has been

reviewed, tested, and accepted by that agency for

purposes of design of flood control structures or flood

plain land use regulation.

(ii) It must be well-documented including source

codes and user's manuals.

(iii) It must be available to FEMA and all present and

future parties impacted by flood insurance mapping

developed or amended through the use of the

program. For programs not generally available from a

Federal agency, the source code and user's manuals

must be sent to FEMA free of charge, with fully-

documented permission from the owner that FEMA

NFIP Regulations E-32

may release the code and user's manuals to such

impacted parties.

(7) A revised hydrologic analysis for flooding

sources with established base flood elevations must

include evaluation of the same recurrence interval(s)

studied in the effective FIS, such as the 10-, 50-,

100-, and 500-year flood discharges.

(8) A revised hydraulic analysis for a flooding source

with established base flood elevations must include

evaluation of the same recurrence interval(s) studied

in the effective FIS, such as the 10-, 50-, 100-, and

500-year flood elevations, and of the floodway.

Unless the basis of the request is the use of an

alternative hydraulic methodology or the requestor

can demonstrate that the data of the original hydraulic

computer model is unavailable or its use is

inappropriate, the analysis shall be made using the

same hydraulic computer model used to develop the

base flood elevations shown on the effective Flood

Insurance Rate Map and updated to show present

conditions in the flood plain. Copies of the input and

output data from the original and revised hydraulic

analyses shall be submitted.

(9) A hydrologic or hydraulic analysis for a flooding

source without established base flood elevations may

be performed for only the 100year flood.

(10) A revision of flood plain delineations based on

topographic Changes must demonstrate that any

topographic changes have not resulted in a floodway

encroachment.

(11) Delineations of flood plain boundaries for a

flooding source with established base flood

elevations must provide both the 100- and 500year

flood plain boundaries. For flooding sources without

established base flood elevations, only 100-year flood

plain boundaries need be submitted. These

boundaries should be shown on a topographic map of

suitable scale and contour interval.

(12) If a community or other party seeks recognition

from FEMA, on its FHBM or FIRM, that an altered

or relocated portion of a watercourse provides

protection from, or mitigates potential hazards of, the

base flood, the Administrator may request specific

documentation from the community certifying that,

and describing how, the provisions of Sec. 60.3(b)(7)

of this subchapter will be met for the particular

watercourse involved. This documentation, which

may be in the form of a written statement from the

Community Chief Executive Officer, an ordinance, or

other legislative action, shall describe the nature of

the maintenance activities to be performed, the

frequency with which they will be performed, and the

title of the local community official who will be

responsible for assuring that the maintenance

activities are accomplished.

(13) Notwithstanding any other provisions of Sec.

65.6, a community may submit, in lieu of the

documentation specified in Sec. 65.6(a)(12),

certification by a registered professional engineer that

the project has been designed to retain its flood

carrying capacity without periodic maintenance.

(14) The participating community must provide

written assurance that they have complied with the

appropriate minimum floodplain management

requirements under Sec. 60.3 of this chapter. This

includes the requirements that:

(i) Existing residential structures built in the SFHA

have their lowest floor elevated to or above the base

flood;

(ii) The participating community has determined that

the land and any existing or proposed structures to be

removed from the SFHA are ``reasonably safe from

flooding,'' and that they have on file, available upon

request by FEMA, all supporting analyses and

documentation used to make that determination;

(iii) The participating community has issued permits

for all existing and proposed construction or other

development; and

(iv) All necessary permits have been received from

those governmental agencies where approval is

required by Federal, State, or local law.

(15) If the community cannot assure that it has

complied with the appropriate minimum floodplain

management requirements under Sec. 60.3, of this

chapter the map revision request will be deferred

until the community remedies all violations to the

maximum extent possible through coordination with

FEMA. Once the remedies are in place, and the

community assures that the land and structures are

``reasonably safe from flooding,'' we will process a

revision to the SFHA using the criteria set forth under

Sec. 65.6. The community must maintain on file, and

make available upon request by FEMA, all

supporting analyses and documentation used in

determining that the land or structures are

``reasonably safe from flooding.''

(b) Data requirements for correcting map errors. To

correct errors in the original flood analysis, technical

data submissions shall include the following:

(1) Data identifying mathematical errors.

(2) Data identifying measurement errors and

providing correct measurements.

conditions. Revisions based on the effects of physical

NFIP Regulations E-33

changes that have occurred in the flood plain shall

include:

(1) Changes affecting hydrologic conditions. The

following data must be submitted:

(i) General description of the changes (e.g., dam,

diversion channel, or detention basin).

(ii) Construction plans for as-built conditions, if

applicable.

(iii) New hydrologic analysis accounting for the

effects of the changes.

(iv) New hydraulic analysis and profiles using the

new flood discharge values resulting from the

hydrologic analysis.

(v) Revised delineations of the flood plain boundaries

and floodway.

(2) Changes affecting hydraulic conditions. The

following data shall be submitted:

(i) General description of the changes (e.g.,

channelization or new bridge, culvert, or levee).

(ii) Construction plans for as-built conditions.

(iii) New hydraulic analysis and flood elevation

profiles accounting for the effects of the changes and

using the original flood discharge values upon which

the original map is based.

(iv) Revised delineations of the flood plain

boundaries and floodway.

(3) Changes involving topographic conditions. The

following data shall be submitted:

(i) General description of the changes (e.g., grading

or filling).

(ii) New topographic information, such as spot

elevations, cross sections grading plans, or contour

maps.

(iii) Revised delineations of the flood plain

boundaries and, if necessary, floodway.

(d) Data requirements for incorporating improved

data. Requests for revisions based on the use of

improved hydrologic, hydraulic, or topographic data

shall include the following data:

(1) Data that are believed to be better than those used

in the original analysis (such as additional years of

stream gage data).

(2) Documentation of the source of the data.

(3) Explanation as to why the use of the new data will

improve the results of the original analysis.

(4) Revised hydrologic analysis where hydrologic

data are being incorporated.

(5) Revised hydraulic analysis and flood elevation

profiles where new hydrologic or hydraulic data are

being incorporated.

(6) Revised delineations of the flood plain boundaries

and floodway where new hydrologic, hydraulic, or

topographic data are being incorporated.

(e) Data requirements for incorporating improved

methods. Requests for revisions based on the use of

improved hydrologic or hydraulic methodology shall

include the following data:

(1) New hydrologic analysis when an alternative

hydrologic methodology is being proposed.

(2) New hydraulic analysis and flood elevation

profiles when an alternative hyrologic or hydraulic

methodology is being proposed.

(3) Explanation as to why the alternative

methodologies are superior to the original

methodologies.

(4) Revised delineations of the flood plain boundaries

and floodway based on the new analysis(es).

(f) Certification requirements. All analysis and data

submitted by the requester shall be certified by a

registered professional engineer or licensed land

surveyor, as appropriate, subject to the definition of

``certification'' given at Sec. 65.2 of this subchapter.

(g) Submission procedures. All requests shall be

submitted to the FEMA Regional Office servicing the

community's geographic area or to the FEMA

Headquarters Office in Washington, DC, and shall be

accompanied by the appropriate payment, in

accordance with 44 CFR part 72.

[51 FR 30314, Aug. 25, 1986, as amended at 53 FR

16279, May 6, 1988; 54 FR 33550, Aug. 15, 1989; 61

FR 46331, Aug. 30, 1996; 62 FR 5736, Feb. 6, 1997;

66 FR 22442, May 4, 2001]

§ 65.7 Floodway revisions.

(a) General. Floodway data is developed as part of

FEMA Flood Insurance Studies and is utilized by

communities to select and adopt floodways as part of

the flood plain management program required by Sec.

60.3 of this subchapter. When it has been determined

by a community that no practicable alternatives exist

to revising the boundaries of its previously adopted

floodway, the procedures below shall be followed.

(b) Data requirements when base flood elevation

changes are requested. When a floodway revision is

requested in association with a change to base flood

elevations, the data requirements of Sec. 65.6 shall

also be applicable. In addition, the following

documentation shall be submitted:

(1) Copy of a public notice distributed by the

community stating the community's intent to revise

the floodway or a statement by the community that it

has notified all affected property owners and affected

adjacent jurisdictions.

NFIP Regulations E-34

(2) Copy of a letter notifying the appropriate State

agency of the floodway revision when the State has

jurisdiction over the floodway or its adoption by

communities participating in the NFIP.

(3) Documentation of the approval of the revised

floodway by the appropriate State agency (for

communities where the State has jurisdiction over the

floodway or its adoption by communities

participating in the NFIP).

(4) Engineering analysis for the revised floodway, as

described below:

(i) The floodway analysis must be performed using

the hydraulic computer model used to determine the

proposed base flood elevations.

(ii) The floodway limits must be set so that neither

the effective base flood elevations nor the proposed

base flood elevations if less than the effective base

flood elevations, are increased by more than the

amount specified under Sec. 60.3 (d)(2). Copies of

the input and output data from the original and

modified computer models must be submitted.

(5) Delineation of the revised floodway on the same

topographic map used for the delineation of the

revised flood boundaries.

base flood elevation changes. The following data

shall be submitted:

(1) Items described in paragraphs (b) (1) through (3)

of this section must be submitted.

(2) Engineering analysis for the revised floodway, as

described below:

(i) The original hydraulic computer model used to

develop the established base flood elevations must be

modified to include all encroachments that have

occurred in the flood plain since the existing

floodway was developed. If the original hydraulic

computer model is not available, an alternate

hydraulic computer model may be used provided the

alternate model has been calibrated so as to reproduce

the original water surface profile of the original

hydraulic computer model. The alternate model must

be then modified to include all encroachments that

have occurred since the existing floodway was

developed.

(ii) The floodway analysis must be performed with

the modified computer model using the desired

floodway limits.

(iii) The floodway limits must be set so that

combined effects of the past encroachments and the

new floodway limits do not increase the effective

base flood elevations by more than the amount

specified in Sec. 60.3(d)(2). Copies of the input and

output data from the original and modified computer

models must be submitted.

(3) Delineation of the revised floodway on a copy of

the effective NFIP map and a suitable topographic

map.

(d) Certification requirements. All analyses submitted

shall be certified by a registered professional

engineer. All topographic data shall be certified by a

registered professional engineer or licensed land

surveyor. Certifications are subject to the definition

given at Sec. 65.2 of this subchapter.

(e) Submission procedures. All requests that involve

changes to floodways shall be submitted to the

appropriate FEMA Regional Office servicing the

community's geographic area.

[51 FR 30315, Aug. 25, 1986]

§ 65.8 Review of proposed projects.

A community, or an individual through the

community, may request FEMA's comments on

whether a proposed project, if built as proposed,

would justify a map revision. FEMA's comments will

be issued in the form of a letter, termed a Conditional

Letter of Map Revision, in accordance with 44 CFR

part 72. The data required to support such requests

are the same as those required for final revisions

under Sec.Sec. 65.5, 65.6, and 65.7, except as-built

certification is not required. All such requests shall be

submitted to the FEMA Headquarters Office in

Washington, DC, and shall be accompanied by the

appropriate payment, in accordance with 44 CFR part

72. [62 FR 5736, Feb. 6, 1997]

§ 65.9 Review and response by the Administrator.

If any questions or problems arise during review,

FEMA will consult the Chief Executive Officer of the

community (CEO), the community official

designated by the CEO, and/or the requester for

resolution. Upon receipt of a revision request, the

Administrator shall mail an acknowledgment of

receipt of such request to the CEO. Within 90 days of

receiving the request with all necessary information,

the Administrator shall notify the CEO of one or

more of the following:

(a) The effective map(s) shall not be modified;

(b) The base flood elevations on the effective FIRM

shall be modified and new base flood elevations shall

be established under the provisions of part 67 of this

subchapter;

map(s) amended by Letter of Map Revision (LOMR);

NFIP Regulations E-35

(d) The changes requested are approved and a revised

map(s) will be printed and distributed;

(e) The changes requested are not of such a

significant nature as to warrant a reissuance or

revision of the flood insurance study or maps

and will be deferred until such time as a

significant change occurs;

(f) An additional 90 days is required to evaluate

the scientific or technical data submitted; or

(g) Additional data are required to support the

revision request.

(h) The required payment has not been

submitted in accordance with 44 CFR part 72,

no review will be conducted and no

determination will be issued until payment is

received.

[51 FR 30315, Aug. 25, 1986; 61 FR 46331,

Aug. 30, 1996, as amended at 62 FR 5736, Feb.

6, 1997]

§ 65.10 Mapping of areas protected by levee

systems.

(a) General. For purposes of the NFIP, FEMA will

only recognize in its flood hazard and risk mapping

effort those levee systems that meet, and continue to

meet, minimum design, operation, and maintenance

standards that are consistent with the level of

protection sought through the comprehensive flood

plain management criteria established by Sec. 60.3 of

this subchapter. Accordingly, this section describes

the types of information FEMA needs to recognize,

on NFIP maps, that a levee system provides

protection from the base flood. This information must

be supplied to FEMA by the community or other

party seeking recognition of such a levee system at

the time a flood risk study or restudy is conducted,

when a map revision under the provisions of part 65

of this subchapter is sought based on a levee system,

and upon request by the Administrator during the

review of previously recognized structures. The

FEMA review will be for the sole purpose of

establishing appropriate risk zone determinations for

NFIP maps and shall not constitute a determination

by FEMA as to how a structure or system will

perform in a flood event.

(b) Design criteria. For levees to be recognized by

FEMA, evidence that adequate design and operation

and maintenance systems are in place to provide

reasonable assurance that protection from the base

flood exists must be provided. The following

requirements must be met:

(1) Freeboard. (i) Riverine levees must provide a

minimum freeboard of three feet above the water-

surface level of the base flood. An additional one foot

above the minimum is required within 100 feet in

either side of structures (such as bridges) riverward of

the levee or wherever the flow is constricted. An

additional one-half foot above the minimum at the

upstream end of the levee, tapering to not less than

the minimum at the downstream end of the levee, is

also required.

(ii) Occasionally, exceptions to the minimum riverine

freeboard requirement described in paragraph

(b)(1)(i) of this section, may be approved.

Appropriate engineering analyses demonstrating

adequate protection with a lesser freeboard must be

submitted to support a request for such an exception.

The material presented must evaluate the uncertainty

in the estimated base flood elevation profile and

include, but not necessarily be limited to an

assessment of statistical confidence limits of the 100-

year discharge; changes in stage-discharge

relationships; and the sources, potential, and

magnitude of debris, sediment, and ice accumulation.

It must be also shown that the levee will remain

structurally stable during the base flood when such

additional loading considerations are imposed. Under

no circumstances will freeboard of less than two feet

be accepted.

(iii) For coastal levees, the freeboard must be

established at one foot above the height of the one

percent wave or the maximum wave runup

(whichever is greater) associated with the 100year

stillwater surge elevation at the site.

(iv) Occasionally, exceptions to the minimum coastal

levee freeboard requirement described in paragraph

(b)(1)(iii) of this section, may be approved.

Appropriate engineering analyses demonstrating

adequate protection with a lesser freeboard must be

submitted to support a request for such an exception.

The material presented must evaluate the uncertainty

in the estimated base flood loading conditions.

Particular emphasis must be placed on the effects of

wave attack and overtopping on the stability of the

levee. Under no circumstances, however, will a

freeboard of less than two feet above the 100year

stillwater surge elevation be accepted.

(2) Closures. All openings must be provided with

closure devices that are structural parts of the system

during operation and design according to sound

engineering practice.

(3) Embankment protection. Engineering analyses

must be submitted that demonstrate that no

NFIP Regulations E-36

appreciable erosion of the levee embankment can be

expected during the base flood, as a result of either

currents or waves, and that anticipated erosion will

not result in failure of the levee embankment or

foundation directly or indirectly through reduction of

the seepage path and subsequent instability. The

factors to be addressed in such analyses include, but

are not limited to: Expected flow velocities

(especially in constricted areas); expected wind and

wave action; ice loading; impact of debris; slope

protection techniques; duration of flooding at various

stages and velocities; embankment and foundation

materials; levee alignment, bends, and transitions;

and levee side slopes.

(4) Embankment and foundation stability.

Engineering analyses that evaluate levee embankment

stability must be submitted. The analyses provided

shall evaluate expected seepage during loading

conditions associated with the base flood and shall

demonstrate that seepage into or through the levee

foundation and embankment will not jeopardize

embankment or foundation stability. An alternative

analysis demonstrating that the levee is designed and

constructed for stability against loading conditions

for Case IV as defined in the U.S. Army Corps of

Engineers (COE) manual, ``Design and Construction

of Levees'' (EM 1110-2-1913, Chapter 6, Section II),

may be used. The factors that shall be addressed in

the analyses include: Depth of flooding, duration of

flooding, embankment geometry and length of

seepage path at critical locations, embankment and

foundation materials, embankment compaction,

penetrations, other design factors affecting seepage

(such as drainage layers), and other design factors

affecting embankment and foundation stability (such

as berms).

(5) Settlement. Engineering analyses must be

submitted that assess the potential and magnitude of

future losses of freeboard as a result of levee

settlement and demonstrate that freeboard will be

maintained within the minimum standards set forth in

paragraph (b)(1) of this section. This analysis must

address embankment loads, compressibility of

embankment soils, compressibility of foundation

soils, age of the levee system, and construction

compaction methods. In addition, detailed settlement

analysis using procedures such as those described in

the COE manual, “Soil Mechanics Design--

Settlement Analysis” (EM 1100-2-1904) must be

submitted.

(6) Interior drainage. An analysis must be submitted

that identifies the source(s) of such flooding, the

extent of the flooded area, and, if the average depth is

greater than one foot, the water-surface elevation(s)

of the base flood. This analysis must be based on the

joint probability of interior and exterior flooding and

the capacity of facilities (such as drainage lines and

pumps) for evacuating interior floodwaters.

(7) Other design criteria. In unique situations, such as

those where the levee system has relatively high

vulnerability, FEMA may require that other design

criteria and analyses be submitted to show that the

levees provide adequate protection. In such

situations, sound engineering practice will be the

standard on which FEMA will base its

determinations. FEMA will also provide the rationale

for requiring this additional information.

be recognized, the operational criteria must be as

described below. All closure devices or mechanical

systems for internal drainage, whether manual or

automatic, must be operated in accordance with an

officially adopted operation manual, a copy of which

must be provided to FEMA by the operator when

levee or drainage system recognition is being sought

or when the manual for a previously recognized

system is revised in any manner. All operations must

be under the jurisdiction of a Federal or State agency,

an agency created by Federal or State law, or an

agency of a community participating in the NFIP.

(1) Closures. Operation plans for closures must

include the following:

(i) Documentation of the flood warning system, under

the jurisdiction of Federal, State, or community

officials, that will be used to trigger emergency

operation activities and demonstration that sufficient

flood warning time exists for the completed operation

of all closure structures, including necessary sealing,

before floodwaters each the base of the closure.

(ii) A formal plan of operation including specific

actions and assignments of responsibility by

individual name or title.

(iii) Provisions for periodic operation, at not less than

one-year intervals, of the closure structure for testing

and training purposes.

(2) Interior drainage systems. Interior drainage

systems associated with levee systems usually

include storage areas, gravity outlets, pumping

stations, or a combination thereof. These drainage

systems will be recognized by FEMA on NFIP maps

for flood protection purposes only if the following

minimum criteria are included in the operation plan:

(i) Documentation of the flood warning system, under

the jurisdiction of Federal, State, or community

NFIP Regulations E-37

officials, that will be used to trigger emergency

operation activities and demonstration that sufficient

flood warning time exists to permit activation of

mechanized portions of the drainage system.

(ii) A formal plan of operation including specific

actions and assignments of responsibility by

individual name or title.

(iii) Provision for manual backup for the activation of

automatic systems.

(iv) Provisions for periodic inspection of interior

drainage systems and periodic operation of any

mechanized portions for testing and training

purposes. No more than one year shall elapse

between either the inspections or the operations.

(3) Other operation plans and criteria. Other

operating plans and criteria may be required by

FEMA to ensure that adequate protection is provided

in specific situations. In such cases, sound emergency

management practice will be the standard upon which

FEMA determinations will be based.

(d) Maintenance plans and criteria. For levee systems

to be recognized as providing protection from the

base flood, the maintenance criteria must be as

described herein. Levee systems must be maintained

in accordance with an officially adopted maintenance

plan, and a copy of this plan must be provided to

FEMA by the owner of the levee system when

recognition is being sought or when the plan for a

previously recognized system is revised in any

manner. All maintenance activities must be under the

jurisdiction of a Federal or State agency, an agency

created by Federal or State law, or an agency of a

community participating in the NFIP that must

assume ultimate responsibility for maintenance. This

plan must document the formal procedure that

ensures that the stability, height, and overall integrity

of the levee and its associated structures and systems

are maintained. At a minimum, maintenance plans

shall specify the maintenance activities to be

performed, the frequency of their performance, and

the person by name or title responsible for their

performance.

(e) Certification requirements. Data submitted to

support that a given levee system complies with the

structural requirements set forth in paragraphs (b)(1)

through (7) of this section must be certified by a

registered professional engineer. Also, certified as-

built plans of the levee must be submitted.

Certifications are subject to the definition given at

Sec. 65.2 of this subchapter. In lieu of these structural

requirements, a Federal agency with responsibility

for levee design may certify that the levee has been

adequately designed and constructed to provide

protection against the base flood.

[51 FR 30316, Aug. 25, 1986]

§ 65.11 Evaluation of sand dunes in mapping

coastal flood hazard areas.

(a) General conditions. For purposes of the NFIP,

FEMA will consider storm-induced dune erosion

potential in its determination of coastal flood hazards

and risk mapping efforts. The criterion to be used in

the evaluation of dune erosion will apply to primary

frontal dunes as defined in Sec. 59.1, but does not

apply to artificially designed and constructed dunes

that are not well-established with long-standing

vegetative cover, such as the placement of sand

materials in a dune-like formation.

(b) Evaluation criterion. Primary frontal dunes will

not be considered as effective barriers to base flood

storm surges and associated wave action where the

cross-sectional area of the primary frontal dune, as

measured perpendicular to the shoreline and above

the 100-year stillwater flood elevation and seaward of

the dune crest, is equal to, or less than, 540 square

feet.

may be granted where it can be demonstrated through

authoritative historical documentation that the

primary frontal dunes at a specific site withstood

previous base flood storm surges and associated wave

action.

[53 FR 16279, May 6, 1988]

§ 65.12 Revision of flood insurance rate maps to

reflect base flood elevations caused by proposed

encroachments.

(a) When a community proposes to permit

encroachments upon the flood plain when a

regulatory floodway has not been adopted or to

permit encroachments upon an adopted regulatory

floodway which will cause base flood elevation

increases in excess of those permitted under

paragraphs (c)(10) or (d)(3) of Sec. 60.3 of this

subchapter, the community shall apply to the

Administrator for conditional approval of such action

prior to permitting the encroachments to occur and

shall submit the following as part of its application:

(1) A request for conditional approval of map change

and the appropriate initial fee as specified by Sec.

72.3 of this subchapter or a request for exemption

from fees as specified by Sec. 72.5 of this subchapter,

whichever is appropriate;

(2) An evaluation of alternatives which would not

NFIP Regulations E-38

result in a base flood elevation increase above that

permitted under paragraphs (c)(10) or (d)(3) of Sec.

60.3 of this subchapter demonstrating why these

alternatives are not feasible;

(3) Documentation of individual legal notice to all

impacted property owners within and outside of the

community, explaining the impact of the proposed

action on their property.

(4) Concurrence of the Chief Executive Officer of

any other communities impacted by the proposed

actions;

(5) Certification that no structures are located in areas

which would be impacted by the increased base flood

elevation;

(6) A request for revision of base flood elevation

determination according to the provisions of Sec.

65.6 of this part;

(7) A request for floodway revision in accordance

with the provisions of Sec. 65.7 of this part;

(b) Upon receipt of the Administrator's conditional

approval of map change and prior to approving the

proposed encroachments, a community shall provide

evidence to the Administrator of the adoption of

flood plain management ordinances incorporating the

increased base flood elevations and/or revised

floodway reflecting the post-project condition.

a community shall provide as-built certifications in

accordance with the provisions of Sec. 65.3 of this

part. The Administrator will initiate a final map

revision upon receipt of such certifications in

accordance with part 67 of this subchapter.

[53 FR 16279, May 6, 1988]

§ 65.13 Mapping and map revisions for areas

subject to alluvial fan flooding.

This section describes the procedures to be followed

and the types of information FEMA needs to

recognize on a NFIP map that a structural flood

control measure provides protection from the base

flood in an area subject to alluvial fan flooding. This

information must be supplied to FEMA by the

community or other party seeking recognition of such

a flood control measure at the time a flood risk study

or restudy is conducted, when a map revision under

the provisions of part 65 of this subchapter is sought,

and upon request by the Administrator during the

review of previously recognized flood control

measures. The FEMA review will be for the sole

purpose of establishing appropriate risk zone

determinations for NFIP maps and shall not

constitute a determination by FEMA as to how the

flood control measure will perform in a flood event.

(a) The applicable provisions of Sec. 65.2, 65.3, 65.4,

65.6, 65.8 and 65.10 shall also apply to FIRM

revisions involving alluvial fan flooding.

(b) The provisions of Sec. 65.5 regarding map

revisions based on fill and the provisions of part 70 of

this chapter shall not apply to FIRM revisions

involving alluvial fan flooding. In general, elevations

of a parcel of land or a structure by fill or other

means, will not serve as a basis for removing areas

subject to alluvial fan flooding from an area of

special food hazards.

structural flood control measures whose design and

construction are supported by sound engineering

analyses which demonstrate that the measures will

effectively eliminate alluvial fan flood hazards from

the area protected by such measures. The provided

analyses must include, but are not necessarily limited

to, the following:

(1) Engineering analyses that quantify the discharges

and volumes of water, debris, and sediment

movement associated with the flood that has a one-

percent probability of being exceeded in any year at

the apex under current watershed conditions and

under potential adverse conditions (e.g., deforestation

of the watershed by fire). The potential for debris

flow and sediment movement must be assessed using

an engineering method acceptable to FEMA. The

assessment should consider the characteristics and

availability of sediment in the drainage basin above

the apex and on the alluvial fan.

(2) Engineering analyses showing that the measures

will accommodate the estimated peak discharges and

volumes of water, debris, and sediment, as

determined in accordance with paragraph (c)(1) of

this section, and will withstand the associated

hydrodynamic and hydrostatic forces.

(3) Engineering analyses showing that the measures

have been designed to withstand the potential erosion

and scour associated with estimated discharges.

(4) Engineering analyses or evidence showing that

the measures will provide protection from hazards

associated with the possible relocation of flow paths

from other parts of the fan.

(5) Engineering analyses that assess the effect of the

project on flood hazards, including depth and velocity

of floodwaters and scour and sediment deposition, on

other areas of the fan.

NFIP Regulations E-39

(6) Engineering analyses demonstrating that flooding

from sources other than the fan apex, including local

runoff, is either insignificant or has been accounted

for in the design.

(d) Coordination. FEMA will recognize measures

that are adequately designed and constructed,

provided that: evidence is submitted to show that the

impact of the measures on flood hazards in all areas

of the fan (including those not protected by the flood

control measures), and the design and maintenance

requirements of the measures, were reviewed and

approved by the impacted communities, and also by

State and local agencies that have jurisdiction over

flood control activities.

(e) Operation and maintenance plans and criteria. The

requirements for operation and maintenance of flood

control measures on areas subject to alluvial fan

flooding shall be those specified under Sec. 65.10,

paragraphs (c) and (d), when applicable.

(f) Certification requirements. Data submitted to

support that a given flood control measure complies

with the requirements set forth in paragraphs (c) (1)

through (6) of this section must be certified by a

registered professional engineer. Also, certified as-

built plans of the flood control measures must be

submitted. Certifications are subject to the definition

given at Sec. 65.2.

(Approved by the Office of Management and Budget

under control number 3067-0147)

[54 FR 33551, Aug. 15, 1989]

§ 65.14 Remapping of areas for which local flood

protection systems no longer provide base flood

protection.

(a) General. (1) This section describes the procedures

to follow and the types of information FEMA

requires to designate flood control restoration zones.

A community may be eligible to apply for this zone

designation if the Administrator determines that it is

engaged in the process of restoring a flood protection

system that was:

(i) Constructed using Federal funds;

(ii) Recognized as providing base flood protection on

the community's effective FIRM; and

(iii) Decertified by a Federal agency responsible for

flood protection design or construction.

(2) Where the Administrator determines that a

community is in the process of restoring its flood

protection system to provide base flood protection, a

FIRM will be prepared that designates the temporary

flood hazard areas as a flood control restoration zone

(Zone AR). Existing special flood hazard areas

shown on the community's effective FIRM that are

further inundated by Zone AR flooding shall be

designated as a ``dual'' flood insurance rate zone,

Zone AR/AE or AR/AH with Zone AR base flood

elevations, and AE or AH with base flood elevations

and Zone AR/AO with Zone AR base flood

elevations and Zone AO with flood depths, or Zone

AR/A with Zone AR base flood elevations and Zone

A without base flood elevations.

(b) Limitations. A community may have a flood

control restoration zone designation only once while

restoring a flood protection system.

This limitation does not preclude future flood control

restoration zone designations should a fully restored,

certified, and accredited system become decertified

for a second or subsequent time.

(1) A community that receives Federal funds for the

purpose of designing or constructing, or both, the

restoration project must complete restoration or meet

the requirements of 44 CFR

61.12 within a specified period, not to exceed a

maximum of 10 years from the date of submittal of

the community's application for designation of a

flood control restoration zone.

(2) A community that does not receive Federal funds

for the purpose of constructing the restoration project

must complete restoration within a specified period,

not to exceed a maximum of 5 years from the date of

submittal of the community's application for

designation of a flood control restoration zone. Such

a community is not eligible for the provisions of

Sec.61.12. The designated restoration period may not

be extended beyond the maximum allowable under

this limitation.

not apply in a coastal high hazard area as defined in

44 CFR 59.1, including areas that would be subject to

coastal high hazards as a result of the decertification

of a flood protection system shown on the

community's effective FIRM as providing base flood

protection.

(d) Effective date for risk premium rates. The

effective date for any risk premium rates established

for Zone AR shall be the effective date of the revised

FIRM showing Zone AR designations.

(e) Application and submittal requirements for

designation of a flood control restoration zone. A

community must submit a written request to the

Administrator, signed by the community's Chief

Executive Officer, for a floodplain designation as a

flood control restoration zone. The request must

include a legislative action by the community

NFIP Regulations E-40

requesting the designation. The Administrator will

not initiate any action to designate flood control

restoration zones without receipt of the formal

request from the community that complies with all

requirements of this section. The Administrator

reserves the right to request additional information

from the community to support or further document

the community's formal request for designation of a

flood control restoration zone, if deemed necessary.

(1) At a minimum, the request from a community that

receives Federal funds for the purpose of designing,

constructing, or both, the restoration project must

include:

(i) A statement whether, to the best of the knowledge

of the community's Chief Executive Officer, the flood

protection system is currently the subject matter of

litigation before any Federal, State or local court or

administrative agency, and if so, the purpose of that

litigation;

(ii) A statement whether the community has

previously requested a determination with respect to

the same subject matter from the Administrator, and

if so, a statement that details the disposition of such

previous request;

(iii) A statement from the community and

certification by a Federal agency responsible for

flood protection design or construction that the

existing flood control system shown on the effective

FIRM was originally built using Federal funds, that it

no longer provides base flood protection, but that it

continues to provide protection from the flood having

at least a 3percent chance of occurrence during any

given year;

(iv) An official map of the community or legal

description, with supporting documentation, that the

community will adopt as part of its flood plain

management measures, which designates developed

areas as defined in Sec.59.1 and as further defined in

Sec.60.3(f).

(v) A restoration plan to return the system to a level

of base flood protection. At a minimum, this plan

must:

(A) List all important project elements, such as

acquisition of permits, approvals, and contracts and

construction schedules of planned features;

(B) Identify anticipated start and completion dates for

each element, as well as significant milestones and

dates;

and certification for the completed restoration project

will be submitted. This date must provide for a

restoration period not to exceed the maximum

allowable restoration period for the flood protection

system, or;

(D) Identify the date on which the community will

submit a request for a finding of adequate progress

that meets all requirements of Sec.61.12. This date

may not exceed the maximum allowable restoration

period for the flood protection system;

(vi) A statement identifying the local project sponsor

responsible for restoration of the flood protection

system;

(vii) A copy of a study, performed by a Federal

agency responsible for flood protection design or

construction in consultation with the local project

sponsor, which demonstrates a Federal interest in

restoration of the system and which deems that the

flood protection system is restorable to a level of base

flood protection.

(viii) A joint statement from the Federal agency

responsible for flood protection design or

construction involved in restoration of the flood

protection system and the local project sponsor

certifying that the design and construction of the

flood control system involves Federal funds, and that

the restoration of the flood protection system will

provide base flood protection;

(2) At a minimum, the request from a community that

receives no Federal funds for the purpose of

constructing the restoration project must:

(i) Meet the requirements of Sec.65.14(e)(1)(i)

through (iv);

(ii) Include a restoration plan to return the system to a

level of base flood protection. At a minimum, this

plan must:

(A) List all important project elements, such as

acquisition of permits, approvals, and contracts and

construction schedules of planned features;

(B) Identify anticipated start and completion dates for

each element, as well as significant milestones and

dates; and

and certification for the completed restoration project

will be submitted. This date must provide for a

restoration period not to exceed the maximum

allowable restoration period for the flood protection

system;

(iii) Include a statement identifying the local agency

responsible for restoration of the flood protection

system;

(iv) Include a copy of a study, certified by registered

Professional Engineer, that demonstrates that the

flood protection system is restorable to provide

protection from the base flood;

NFIP Regulations E-41

(v) Include a statement from the local agency

responsible for restoration of the flood protection

system certifying that the restored flood protection

system will meet the applicable requirements of Part

65; and

(vi) Include a statement from the local agency

responsible for restoration of the flood protection

system that identifies the source of funds for the

purpose of constructing the restoration project and a

percentage of the total funds contributed by each

source. The statement must demonstrate, at a

minimum, that 100 percent of the total financial

project cost of the completed flood protection system

has been appropriated.

(f) Review and response by the Administrator. The

review and response by the Administrator shall be in

accordance with procedures specified in Sec. 65.9.

(g) Requirements for maintaining designation of a

flood control restoration zone. During the restoration

period, the community and the cost-sharing Federal

agency, if any, must certify annually to the FEMA

Regional Office having jurisdiction that the

restoration will be completed in accordance with the

restoration plan within the time period specified by

the plan. In addition, the community and the cost-

sharing Federal agency, if any, will update the

restoration plan and will identify any permitting or

construction problems that will delay the project

completion from the restoration plan previously

submitted to the Administrator. The FEMA Regional

Office having jurisdiction will make an annual

assessment and recommendation to the Administrator

as to the viability of the restoration plan and will

conduct periodic on-site inspections of the flood

protection system under restoration.

(h) Procedures for removing flood control restoration

zone designation due to adequate progress or

complete restoration of the flood protection system.

At any time during the restoration period:

(1) A community that receives Federal funds for the

purpose of designing, constructing, or both, the

restoration project shall provide written evidence of

certification from a Federal agency having flood

protection design or construction responsibility that

the necessary improvements have been completed

and that the system has been restored to provide

protection from the base flood, or submit a request

for a finding of adequate progress that meets all

requirements of Sec.61.12. If the Administrator

determines that adequate progress has been made,

FEMA will revise the zone designation from a flood

control restoration zone designation to Zone A99.

(2) After the improvements have been completed,

certified by a Federal agency as providing base flood

protection, and reviewed by FEMA, FEMA will

revise the FIRM to reflect the completed flood

control system.

(3) A community that receives no Federal funds for

the purpose of constructing the restoration project

must provide written evidence that the restored flood

protection system meets the requirements of Part 65.

A community that receives no Federal funds for the

purpose of constructing the restoration project is not

eligible for a finding of adequate progress under

Sec.61.12.

(4) After the improvements have been completed and

reviewed by FEMA, FEMA will revise the FIRM to

reflect the completed flood protection system.

(i) Procedures for removing flood control restoration

zone designation due to noncompliance with the

restoration schedule or as a result of a finding that

satisfactory progress is not being made to complete

the restoration. At any time during the restoration

period, should the Administrator determine that the

restoration will not be completed in accordance with

the time frame specified in the restoration plan, or

that satisfactory progress is not being made to restore

the flood protection system to provide complete flood

protection in accordance with the restoration plan, the

Administrator shall notify the community and the

responsible Federal agency, in writing, of the

determination, the reasons for that determination, and

that the FIRM will be revised to remove the flood

control restoration zone designation. Within thirty

(30) days of such notice, the community may submit

written information that provides assurance that the

restoration will be completed in accordance with the

time frame specified in the restoration plan, or that

satisfactory progress is being made to restore

complete protection in accordance with the

restoration plan, or that, with reasonable certainty, the

restoration will be completed within the maximum

allowable restoration period. On the basis of this

information the Administrator may suspend the

decision to revise the FIRM to remove the flood

control restoration zone designation. If the

community does not submit any information, or if,

based on a review of the information submitted, there

is sufficient cause to find that the restoration will not

be completed as provided for in the restoration plan,

the Administrator shall revise the FIRM, in

accordance with 44 CFR Part 67, and shall remove

the flood control restoration zone designations and

shall redesignate those areas as Zone A1-30, AE, AH,

NFIP Regulations E-42

AO, or A.

[62 FR 55717, Oct. 27, 1997]

§ 65.15 List of communities submitting new

technical data.

This section provides a cumulative list of

communities where modifications of the base flood

elevation determinations have been made because of

submission of new scientific or technical data. Due to

the need for expediting the modifications, the revised

map is already in effect and the appeal period

commences on or about the effective date of the

modified map. An interim rule, followed by a final

rule, will list the revised map effective date, local

repository and the name and address of the Chief

Executive Officer of the community. The map(s) is

(are) effective for both flood plain management and

insurance purposes.

[51 FR 30317, Aug. 25, 1986. Redesignated at

53 FR 16279, May 6, 1988, and further

redesignated at 54 FR 33551, Aug. 15, 1989.

Redesignated at 59 FR 53599, Oct. 25, 1994]

Editorial Note: For references to FR pages showing

lists of eligible communities, see the List of CFR

Sections Affected, which appears in the Finding Aids

section of the printed volume and on GPO Access.

§ 65.16 Standard Flood Hazard Determination

Form and Instructions.

(a) Section 528 of the National Flood Insurance

Reform Act of 1994 (42 U.S.C. 1365(a)) directs

FEMA to develop a standard form for determining, in

the case of a loan secured by improved real estate or a

mobile home, whether the building or mobile home is

located in an area identified by the Director as an area

having special flood hazards and in which flood

insurance under this title is available. The purpose of

the form is to determine whether a building or mobile

home is located within an identified Special Flood

Hazard Area (SFHA), whether flood insurance is

required, and whether federal flood insurance is

available. Use of this form will ensure that required

flood insurance coverage is purchased for structures

located in an SFHA, and will assist federal entities

for lending regulation in assuring compliance with

these purchase requirements.

(b) The form is available by written request to

Federal Emergency Management Agency, PO Box

2012, Jessup, MD 20794; ask for the Standard Flood

Hazard Determination form. It is also available by

fax-on-demand; call (202) 646-3362, form #23103.

Finally, the form is available through the Internet at

http://www.fema.gov/nfip/mpurfi.htm.

[63 FR 27857, May 21, 1998]

§ 65.17 Review of determinations.

This section describes the procedures that shall be

followed and the types of information required by

FEMA to review a determination of whether a

building or manufactured home is located within an

identified Special Flood Hazard Area (SFHA).

(a) General conditions. The borrower and lender of a

loan secured by improved real estate or a

manufactured home may jointly request that FEMA

review a determination that the building or

manufactured home is located in an identified SFHA.

Such a request must be submitted within 45 days of

the lender's notification to the borrower that the

building or manufactured home is in the SFHA and

that flood insurance is required. Such a request must

be submitted jointly by the lender and the borrower

and shall include the required fee and technical

information related to the building or manufactured

home. Elevation data will not be considered under the

procedures described in this section.

(b) Data and other requirements. Items required for

FEMA's review of a determination shall include the

following:

(1) Payment of the required fee by check or money

order, in U.S. funds, payable to the National Flood

Insurance Program;

(2) A request for FEMA's review of the

determination, signed by both the borrower and the

lender;

(3) A copy of the lender's notification to the borrower

that the building or manufactured home is in an

SFHA and that flood insurance is required (the

request for review of the determination must be

postmarked within 45 days of borrower notification);

(4) A completed Standard Flood Hazard

Determination Form for the building or manufactured

home, together with a legible hard copy of all

technical data used in making the determination; and

(5) A copy of the effective NFIP map (Flood Hazard

Boundary Map (FHBM) or Flood Insurance Rate

Map (FIRM)) panel for the community in which the

building or manufactured home is located, with the

building or manufactured home location indicated.

Portions of the map panel may be submitted but shall

include the area of the building or manufactured

home in question together with the map panel title

block, including effective date, bar scale, and north

arrow.

NFIP Regulations E-43

after receipt of a request to review a determination,

FEMA will notify the applicants in writing of one of

the following:

(1) Request submitted more than 45 days after

borrower notification; no review will be performed

and all materials are being returned;

(2) Insufficient information was received to review

the determination; therefore, the determination stands

until a complete submittal is received; or

(3) The results of FEMA's review of the

determination, which shall include the following:

(i) The name of the NFIP community in which the

building or manufactured home is located;

(ii) The property address or other identification of the

building or manufactured home to which the

determination applies;

(iii) The NFIP map panel number and effective date

upon which the determination is based;

(iv) A statement indicating whether the building or

manufactured home is within the Special Flood

Hazard Area;

(v) The time frame during which the

determination is effective.

[60 FR 62218, Dec. 5, 1995]

PART 70--PROCEDURE FOR MAP

CORRECTION

Mapping Deficiencies Unrelated to Community -

Wide Elevation Determinations

Sec.

70.1 Purpose of part.

70.2 Definitions.

70.3 Right to submit technical information.

70.4 Review by the Director.

70.5 Letter of Map Amendment.

70.6 Distribution of Letter of Map Amendment.

70.7 Notice of Letter of Map Amendment.

70.8 Premium refund after Letter of Map

Amendment.

70.9 Review of proposed projects.

Authority: 42 U.S.C. 4001 et seq.; Reorganization

Plan No. 3 of 1978, 43 FR 41943, 3 CFR, 1978

Comp., p. 329; E.O. 12127 of Mar. 31, 1979, 44 FR

19367, 3 CFR, 1979 Comp., p. 376.

§ 70.1 Purpose of part.

The purpose of this part is to provide an

administrative procedure whereby the Administrator

will review the scientific or technical submissions of

an owner or lessee of property who believes his

property has been inadvertently included in

designated A, AO, A130, AE, AH, A99, AR, AR/A1-

30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30,

VE, and V Zones, as a result of the transposition of

the curvilinear line to either street or to other readily

identifiable features. The necessity for this part is due

in part to the technical difficulty of accurately

delineating the curvilinear line on either an FHBM or

FIRM. These procedures shall not apply when there

has been any alteration of topography since the

effective date of the first NFIP map (i.e., FHBM or

FIRM) showing the property within an area of special

flood hazard. Appeals in such circumstances are

subject to the provisions of part 65 of this subchapter.

[62 FR 55718, Oct. 27, 1997]

§ 70.2 Definitions.

The definitions set forth in part 59 of this subchapter

are applicable to this part.

[41 FR 46991, Oct. 26, 1976. Redesignated at 44 FR

31177, May 31, 1979]

§ 70.3 Right to submit technical information.

(a) Any owner or lessee of property (applicant) who

believes his property has been inadvertently included

in a designated A, AO, A1-30, AE, AH, A99, AR,

AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO,

V1-30, VE, and V Zones on a FHBM or a FIRM,

may submit scientific or technical information to the

Administrator for the Administrator's review.

(b) Scientific and technical information for the

purpose of this part may include, but is not limited to

the following:

(1) An actual copy of the recorded plat map bearing

the seal of the appropriate recordation official (e.g.

County Clerk, or Recorder of Deeds) indicating the

official recordation and proper citation (Deed or Plat

Book Volume and Page Numbers), or an equivalent

identification where annotation of the deed or plat

book is not the practice.

(2) A topographical map showing (i) ground

elevation contours in relation to the National

Geodetic Vertical Datum (NVGD) of 1929, (ii) the

total area of the property in question, (iii) the location

of the structure or structures located on the property

in question, (iv) the elevation of the lowest adjacent

grade to a structure or structures and (v) an indication

of the curvilinear line which represents the area

subject to inundation by a base flood. The curvilinear

line should be based upon information provided by

any appropriate authoritative source, such as a

Federal Agency, the appropriate state agency (e.g.

NFIP Regulations E-44

Department of Water Resources), a County Water

Control District, a County or City Engineer, a Federal

Emergency Management Agency Flood Insurance

Study, or a determination by a Registered

Professional Engineer

(3) A copy of the FHBM or FIRM indicating the

location of the property in question;

(4) A certification by a Registered Professional

Engineer or Licensed Land Surveyor that the lowest

grade adjacent to the structure is above the base flood

elevation.

[41 FR 46991, Oct. 26, 1976. Redesignated at 44 FR

31177, May 31, 1979, as amended at 48 FR 44544

and 44553, Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984;

50 FR 36028, Sept. 4, 1985; 51 FR 30317, Aug. 25,

1986; 53 FR 16280, May 6, 1988; 59 FR 53601, Oct.

25, 1994; 62 FR 55719, Oct. 27, 1997]

§ 70.4 Review by the Director.

The Director, after reviewing the scientific or

technical information submitted under the provisions

of Sec. 70.3, shall notify the applicant in writing of

his/her determination within 60 days after we receive

the applicant's scientific or technical information that

we have compared either the ground elevations of an

entire legally defined parcel of land or the elevation

of the lowest adjacent grade to a structure with the

elevation of the base flood and that:

(a) The property is within a designated A, A0, A1-30,

AE, AH, A99, AR, AR/A1-30, AR/AE, AR/AO,

AR/AH, AR/A, V0, V1-30, VE, or V Zone, and will

state the basis of such determination; or

(b) The property should not be within a designated

A, A0, A1-30, AE, AH, A99, AR, AR/A1-30,

AR/AE, AR/AO, AR/AH, AR/A,V0, V1-30, VE, or

V Zone and that we will modify the FHBM or FIRM

accordingly; or

A1-30, AE, AH, A99, AR, AR/A1-30, AR/AE,

AR/AO, AR/AH, AR/A,V0, V1-30, VE, or V Zone

as shown on the FHBM or FIRM and no modification

of the FHBM or FIRM is necessary; or(d) We need

an additional 60 days to make a determination.

[66 FR 33900, June 26, 2001]

§ 70.5 Letter of Map Amendment.

Upon determining from available scientific or

technical information that a FHBM or a FIRM

requires modification under the provisions of Sec.

70.4(b), the Administrator shall issue a Letter of Map

Amendment which shall state:

(a) The name of the Community to which the map to

be amended was issued;

(b) The number of the map;

from a designated A, AO, A1-30, AE, AH, A99, AR,

AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO,

V1-30, VE, or V Zone.

[41 FR 46991, Oct. 26, 1976. Redesignated at 44 FR

31177, May 31, 1979, as amended at 48 FR 44553,

Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984; 50 FR

36028, Sept. 4, 1985; 59 FR 53601, Oct. 25, 1994; 62

FR 55719, Oct. 27, 1997]

§ 70.6 Distribution of Letter of Map Amendment.

(a) A copy of the Letter of Map Amendment shall be

sent to the applicant who submitted scientific or

technical data to the Administrator.

(b) A copy of the Letter of Map Amendment shall be

sent to the local map repository with instructions that

it be attached to the map which the Letter of Map

Amendment is amending.

sent to the map repository in the state with

instructions that it be attached to the map which it is

amending.

(d) A copy of the Letter of Map Amendment will be

sent to any community or governmental unit that

requests such Letter of Map Amendment.

(e) [Reserved]

(f) A copy of the Letter of Map Amendment will be

maintained by the Agency in its community case file.

[41 FR 46991, Oct. 26, 1976. Redesignated at 44 FR

31177, May 31, 1979, as amended at 48 FR 44544

and 44553, Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984]

§ 70.7 Notice of Letter of Map Amendment.

(a) The Administrator, shall not publish a notice in

the Federal Register that the FIRM for a particular

community has been amended by letter determination

pursuant to this part unless such amendment includes

alteration or change of base flood elevations

established pursuant to part 67. Where no change of

base flood elevations has occurred, the Letter of Map

Amendment provided under Sec. 70.5 and 70.6

serves to inform the parties affected.

(b) [Reserved] Editorial Note: For a list of

communities issued under this section and not carried

in the CFR see the List of CFR Sections Affected,

which appears in the Finding Aids Section of the

printed volume and on GPO Access.

NFIP Regulations E-45

§ 70.8 Premium refund after Letter of Map

Amendment.

A Standard Flood Insurance Policyholder whose

property has become the subject of a Letter of Map

Amendment under this part may cancel the policy

within the current policy year and receive a premium

refund under the conditions set forth in Sec. 62.5 of

this subchapter. [41 FR 46991, Oct. 26, 1976.

Redesignated at 44 FR 31177, May 31, 1979]

§ 70.9 Review of proposed projects.

An individual who proposes to build one or more

structures on a portion of property that may be

included inadvertently in a Special Flood Hazard

Area (SFHA) may request FEMA's comments on

whether the proposed structure(s), if built as

proposed, will be in the SFHA. FEMA's comments

will be issued in the form of a letter, termed a

Conditional Letter of Map Amendment. The data

required to support such requests are the same as

those required for final Letters of Map Amendment in

accordance with Sec. 70.3, except as-built

certification is not required and the requests shall be

accompanied by the appropriate payment, in

accordance with 44 CFR part 72. All such requests

for CLOMAs shall be submitted to the FEMA

Regional Office servicing the community's

geographic area or to the FEMA Headquarters Office

in Washington, DC.

[62 FR 5736, Feb. 6, 1997]