44 Cfr 60.3

§ 60.3

44 CFR Ch. I (10–1–02 Edition)

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
§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
§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 §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 § 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 § 60.4(b).
(c) A flood-related erosion-prone
community applying for flood insurance eligibility shall meet the standards of § 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 § 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 §§ 60.3, 60.4 and 60.5.
(e) Local flood plain management
regulations may be submitted to the
State Coordinating Agency designated
pursuant to § 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 § 59.22(b)(2) of this subchapter shall
also submit copies of each annual or bi-

ennial 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 § 64.3 of this subchapter. In
all cases the minimum requirements
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

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Federal Emergency Management Agency
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;

§ 60.3

(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:
(i) Obtain the elevation (in relation
to mean sea level) of the lowest floor

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§ 60.3

44 CFR Ch. I (10–1–02 Edition)

(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 § 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.
(c) When the Administrator has provided a notice of 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 § 60.6 (b) or (c);
(3) Require that all new construction
and substantial improvements of nonresidential 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 § 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

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Federal Emergency Management Agency
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
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
§ 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
improve-

§ 60.3

ments, 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 § 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 § 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

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§ 60.3

44 CFR Ch. I (10–1–02 Edition)

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.
(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 § 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 § 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 ap-

propriate, 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 § 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

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Federal Emergency Management Agency
lowest floor either free of obstruction
or constructed with non-supporting
breakaway walls, open wood latticework, 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 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,

§ 60.3

(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 §59.1 in accordance
with the eligibility procedures under
§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:

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§ 60.4

44 CFR Ch. I (10–1–02 Edition)

(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 § 60.3, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and on GPO Access.

§ 60.4 Flood plain management criteria
for mudslide (i.e., mudflow)-prone
areas.
The Administrator will provide the
data upon which flood plain manage-

ment 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 § 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

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