44 Cfr 59

Federal Emergency Man~gementAgency

SUBCHAPTER B-INSURANCE
PARTS 50-54 (RESERVED)
NATIONAL INSURANCE
DEVELOPMENT PROGRAM
PARTS 55-58 (RESERVED)
NATIONAL FLOOD INSURANCE
PROGRAM
PART 59-GENERAL PROVISIONS
Subpart A-General
Sec.
59.1
59.2
59.3
59.4

Definitions.
Description of program.
Emergency program.
References.

subpart B-Eligibility Requirements
59.21 Purpose of subpart.
59.22 Prerequisit~sfor the sale of flood insurance.
59.23 Priorities for the sale of flood insnrance under the regular program.
59.24 Suspension of community eligibility.
A m o m : 42 U.S.C. 4001 et seq.; Reorganlzation,Plan No. 3 of 1978. 43 FR 41943, 3
CFR, 1978 Comp.. p. 329; E.O. 1212'7 of Mar. 31.
1979,44 F'R 19367. 3 CFR. 1979 Comp.. p. 376.

Subpart A-General
$59.1 Definitions.

As used in this subchapterAct means the statutes authorizing
the National Flood Insurance Program
that are incorporated in 42 U.S.C. 40014128.
Actuarial rates--see risk premium rates.
Administrator means the Federal Ins&-mce Administrator.
Agency means the Federal Emergency
Management Agency. Washington DC.
- Alluviul 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.
Ape3 means a point on an alluvial fan
or similar landform below which the

5 59. r

AND HAZARD MlTlGAnON
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 t o 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 shulZow flooding meass a designated AO, AH, or VO zone on a community's Flood Insurance Rate Map
(FIRM) with a one percent or greater
annual chance of flooding t o an average depth of one t o three 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 characterGed
by ponding or sheet flow.
Area of special flood-related erbsion
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 befurther refined.
Area of special flood hazard i s the land
in the flood plain within a community
subject t o a one percent or greater
chance of flooding in any given year.
The area may be designated as Zone A
on the FRBM. After detailed ratemaking has been completed in preparation for publication of the FIRM. Zone
A usually is refined into Zones A. AO.
AH. A1-30, AX, A99. VO, or V130. VE.
or V. For purposes of these regulations,
the term "special flood hazard area
(SFHA)" is synonymous in meaning
with the phrase "area of special flood
hazard".
Area of special mudslide (i.e., mudjlow)
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
FRBM. After the detailed evguation of
the special mudslide (i.e., mudnow)
I

44

~

R Ch. i (1 0-1-94 Edition)

hazard area in preparation for puhlica- U.S.C. 4102 for the purposes s e t forth in
tion of the FIRM,Zone M may be fur- part 60 of this subchapter.
ther refined.
Critical featuremeans an integral and
B ~ s eflood means the flood having a: readily identifiable part of a flood proone percent chance of being equalled or - tection system, without which the
exceeded in any given year.
flood protection provided by the entire
Basement" means any area of the system would be compromised.
building having its floor subgrade
Curvilinear Line means the border on
(below ground level) on all sides.
either a FHBM or FIRM t h a t delinBreakaway wall means a wall that is eates the special flood. mudslide (i.e.,
not part of the structural support of mudflow) andlor flood-related erosion
the building and is intended through hazard areas and consists of a curved
its design and construction t o collapse or contour line that follows the topogunder specific lateral loading forces, raphy.
without causing damage to the eleDeductible means the flxed amount or
vated portion of the building or sup- percentage of any loss covered by inporting foundation system.
surance which is borne by the insured
prior to the insurer's liability.
Building-see structure.
Chargeable rates mean the rates esDevelopment means any man-made
tablished by the Administrator pursu- change to improved or unimproved real
a n t to section 13Ml of the Act for first estate, including but not limited to
layer limits of flood insurance on exist- buildings or other structures, mining.
ing structures.
dredging, filling, grading, paving, excaChief Executive Officer of the cornmu- vation or drilling operations or storage
nity ("CEO") means the official of the of equipment or materiab..
community who is charged with the
Director means the Dirp,ctor of the
authority t o implement and administer Federal J3nergency Management Agenlaws, ordinances and regulations for CY.
t h a t community.
Eligible community or participating
Coastal high hazard area means an comunitymeans a community for
area of special flood hazard extending which the Administrator hss authorfrom offshore to the inland limit of a ized the sale of flood insurance under
primary frontal dune along an open the National Flood Insurance Program.
Elevated building means, for insurance
coast and any other area subject to
high velocity wave action &om storms purposes. a nonbasement building
wkich has its lowest elevated floor
or seismic sources.
Community means any State or area raised above ground level by foundaor political subdivision thereof, or any tion walls, shear walls, Posts, piers, pilIndian tribe or authorized tribal orga- ings, or columns.
Emergency Flood Insurance Program or
nization, or Alaska Native village or
authorized native organization, which emergency program means the Program
has authority t o adopt and enforce as implemented on an emergency basis
flood plain management regulations in accordance with section 1336 of the
Act. I t is intended as a program to profor the areas within its jurisdiction.
Contents coverage is the insurance on vide a first layer amount of insurance
personal p r o ~ r t ywithin an enclcsed on all insurable str!!ctms before the
stmcture, including the cost of debris effective date of the i n i t i d FJRM.
removal, and the reasonable cost of reErosion means the process of the
moval of contents to minimize damage. gradual wearing away of land masses.
Personal property may be household This peril is not per se covered under
goods usual or incidental to residential the Program.
occupancy, or merchandise, furniture,
Etception means a waiver from the
fixtures, machinery, equipment and provisions of part 60 of this subchapter
supplies usual to other ehan residential directed to a community which reoccupancies.
lieves it from the requirements of a
Criteria means the comprehensive cri- rule, regulation, order or other deterteria for land management and use for mination made or issued pursuant to
flood-prone areas developed under 42 the Act.

Federal Emerget tcy Management Agency
Eristing construction, means f o r the
Purposes of detenntning 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. "Ekisting construction" may d s o
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 wbich the manufactured
homes are to be affixed (including, a t a
minim-,
the iqstallation of utilities,
the construction of streets, and either
final site grading or the pouring of conCrete pads) f s completed before the effective date of the floodplain management regulations adopted by a community.
Existing structures see sting construction.
Expansion to an existing manfactured
home park or subdivision means the
preparation of
sites by the
construction of facilities for servicing
the lots On
the man*acturing
homes are to be affixed (including the
installation of utilities, the construction of streets, and either final site grading or the pouring of concrete

Q 59.1

revenue sharing or formula grants
made to S b t e s .
Financial ~ssistancefor acw&tion or
construction purposes means any form of
flIX%ncial assistance which is intended
in whole or in part for the acqasition.
co~struction,reconstruction. repair, or
improvement of any publicly or pdvat el^ owned building or mobile home,
and for W machinery, equipment, fixtures, and furnishings contadned or to
be contained therein. and shall include
the purchase or subsidization of mortgages or m o r t g ~ e10but shall exclude assistance pursuant to the Disaster Relief Act of 1974 other than assistance under such Act in connection with
a flood. 1%includes only financial as- .
sistance
under the Slandard
Insurance
First-layer coverage is the maximum
amount of structural and contents insurance coverage available under the
Emergency
Program.
Flood or
means:
(a) A general and temporary condition of partial o r complete inmdation
of
bry lsnd areas from:
(1)The overflow of inland or tidal waters(2) The unusual and rapid accumulation or runoff of surface waters from
any source.
pads).
(3) Mudslides (i.e., mudflows) which
Federal W a c 3 r ~ e a n s any depart- are proldmately caused by flooding as
ment, agency, corporation. or other en- defined in paragraph (a)(2)of this defltity or iIISt~U..mentalit~
of the execu- nition and are akin to a river of liquid
tive branch of the Federal Government, and flowing mud on the surfaces of norand includes the Federal National mally dry land a r e s , as when earth is
Mortgage Association and the Federal c-ed
by a current of water and deHome Loan Mortgage Corporation.
posited along the path of the current.
Federal instrumentality responsible for
(b) The collapse or subsidence of land
the szcpentision, u ~ P T o v ~regulation,
~,
or along the shore of a lake or other body
insuring of banks, savings and loan a ~ o - of water a s a result of erosion or underciations, or similar institutions means the mining caused b y waves or currents of
Board of Governors of the Federa Re- water exceeding anticipated cyclical
serve System, the Fecieral Deposit In- levels or suddenly caused by an unususurance Corporation, the Comptroller ally high water level in a natural body
of the Currency, the Federal Home of water, accompanied by a severe
Loan Bank Board, the Federal Savings s t o m , or by an unanticipated force of
m d Loan Insurance Corporation, and nature, such as flash flood or an abnorthe Nationat Credit Union Administra- mal tidal surge, o r by some similarly
unusual and unforeseeable event which
tion.
Financial assistance means aay form results in flooding a s defined in paraof loan, grant, guaranty, insurance, graph (a)(l)of this definition.
Flood elevation determination mea
payment. rebate. subsidy. disaster assistance loan or grant. or any other determination by the Administrator of
form of direct or indLrect Federal as- the water surface elevations of the base
sistance, other than general or special flood, t h a t is, the flood level that has a

I

g 59.1

.

one percent or greater chance of occurrence i n any given year.
Flood elevation study means an examination, evaluation and determination.
of flood hazards and. i f appropriate,
corresponding water surface elevations,
or an examination, evaluation and determination of mudslide (1.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.,
mudfiow) related, erosion areas having
special hazards have been designated as
Zones A, M, andfor 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 LLflooding").
Flood plain management means the o p
eration of an overall program of corrective and preventive measures for reducing flood damage. including but not
limited t o emergency preparedness
plans, flood control works and flood
plain rnasagement regulations.
R o o d 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 t o modify
flooding in order to reduce the extent
of the area withina community subject
to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes

44 CFU Ch. 1 (1 0-1 -94 Ediiion)
hurricane tidal barriers, dams, reservoirs. levees or dikes. These specidized 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 jlood-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 preventive
measures for reducing flood-related
erosion damage. including but not limited t o 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
t h a t could contribute to flood heights
greater than the height calculated for
a selected size flood and floodway conditions, such as wave action, bridge

.

Federal Emergency Management Agency
openings, and the hydrological e f f ~ cof
t
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 docldng facilities,
port facilities t h a t 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.
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 Register;
(b) Certified or preliminarily determined by the Secretary of the Interior
as contributing to the historical significance of a registered histox-ic district or a district preliminarily determined by the Secretary to qualify as a
registered historic district;
(c) Indiqidually listed on a state inventory of historic 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 cornmunities with historic preservation programs that have been certified either:
(1) By as 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.
'

Q 59.1

h.wrance
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 mems
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 t o 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 ROOT
means the lowest floor
of the lowest enclosed area (including
basement). An unfinished or flood resistan t enclosure, usable solely for
parking of vehicles, building access or
storage in aI? area otber than a basement area is not considered a building's lowest floor; Provided, that such
enclosure is not built so as to render
the structurs in violation of the applicable non-elevation design requirements of § 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 Niti&);
red mangrove (Rhizophora Mangle);
white
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 contibous
parcels) of land divided into two or
more manufactured home lots for rent
or sale.

44
Map means the Flood Hazard Boundary Map (FHBM) or the Flood Ibsurance 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 a s a
distinct phenomenon while a landslide
is i n 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 ocCUI'S.

Mudslide (i.e., mudflow) area ntanagement means the operation of an overall
program of corrective and preventive
measures for reducing mudslide (i.e.,
mudflow) damage, including but not
lhnited to emergency preparedness
plans, mudslide control works, snd
flood plain management regulations.
Mudslide (i.e., mudflow) prone area
means an axea with land surfaces and
slopes of unconsolidated material
where the history. geology and climate
indicate a potentid 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 stractures. 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
construciton of facilities for servicing

L, I?

Ch. 1 (1 &I-94 Edition)

the lots on which the manufactured
homes are t o be affixed (including a t 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 regulatioxh adopted by a cornrnunity.

100-year fiood 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 govern-.
ments and agencies.
Policy means the Standard Flood Insurance Policy.
Remiurn 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
b s u r m c e Prograzm 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
SQ60.3,0 . 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).

Federal Emergency Management Agency
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 largest horizontal projection;
(c) designed to be self-propelled or
permanently towable by a light duty
truck; and
(d) designed primarily not for use as
a permanent dwelling but as temporary
living quarters for recreational, c a m p
ing, travel, or seasbnal 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 perma.nent vegetation if a highwater line cannot be identified.
Regular Program means the Program
authorized by the Act under which risk
premium rates are required for the
f i r s t 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 FIRP6, or before January 1, 1975, for FIRMS effective before t h a t date, axe eligible for
first layer coverage at either subsidized
rates or risk premium rates, whichever
are lower. Regardless of date of construction, risk premium rates me always required for the second layer coverage and such coverage is offered only
alter the Administrator hss completed
a risk study for the community.
Regulatory floodway means the c b n nel 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, t o reduce the impacts of its noncompliance. Ways that
impacts may be reduced include protecting the structure or other affected

§ 59.1

development from flood damages, implementing the enforcement provisions
of the ordinance or otherwise deterring
future similar violations, or reducing
Federal financial exposure d t h regard
to the structure or other development.
Risk premium rates mean those rates
established by the Administrator pursuant t o individual community studies
and investigations which are undertaken t o provide flood insurance in accordance with section 1301 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 1andward.of the beach.
Scientifically
incorrect.
The
methodology(ies) and/or asspmptions
which have been utilized zre inappr*
priate 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 t o service insurance policies
under the Nati0na.l Flood Insurance
Program for a particular area.
Sheet flow areacsee 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 iuuard area-see "area of
special flood hazard".
Special hazard area means an area
having special flood, mudslide (i.e.,
mudf ow) and/or flood-related erosion
hazards, and shown on an FHBM or
FIRM as Zone A, AO, A1-30, AE, A99,
AH, VO, V1-30, VE,V, M.or E.
Sbndard Rood Insurance Policy
means the flood insurance policy issued
by the Federal Insurance Administrator, or a n insurer pursuant to an arrangement with the Administrator pur-

44 Crn Ch. 1 (10-1-94 Edition)
suant to Federal statutes and regulations.
Start of Construction (for other than
new construction or substantial improvements under the Coastal Barrier
Resources Act (Pub. L. 97-348)), includes substantial Improvement, and
means the date the building pennit 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 a s 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 a.nd filling; nor
does it include the installation of
streets mdlor 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
altgration of any wall, ceiling, floor, or
other structural part of a building,
whether or not that alteration affects
the exte.mal dimensions of the building.
Stcte 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 Oesignated by the Govgrnor
of the state or by state statute at the
request of the Administrator to assist
i n the implementation of the National
Flood Insurance Program in that state.
Stonn cellar means a s w e below
grade used to a c c o m m o ~ t eoccupants
of the structure and emergency s u p
plies as a means of temporary shelter
against severe tornado or similar wind
storm activity.
Structure means, for flood plain 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 coverage Purposes, means a wdled and
roofed building, other than a gas or liquid storage tank, that is principally
above ground and affixed to a permanent site, as well as a manufactured
home on a permanent foundation. For
the latter purpose, the term includes a
building while in the course of construction. alteration or rep*, but does
not include building materials or s u p
plies intended for use in such construction, alteration or repair, unless such
materials or supplies are within an enclosed building on the premises.
Subsidized ra-tes mean the rates estab- '
lished 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.

Federal Emergency Management Agency

.

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 h w d
area. ''
Variance means a grant of relief by a
community from the terms of a flood
plain management regulation.
Violation meam the failure of a structure or other development t o be fully
compliant with the community's flood
plain management regulations. A
structure or other 'development without the elevation certmcate, other certifications, or other evidence of compliance required in 560.3(b)(5), (c)(4),
(c)(10), (dI(3). (e)(Z), (e)(4), or (eX5) is
presumed t o be in violation until such
time as that documentation is provided.
Water surface elevation meam the
height, in relation t o the National Geodetic Vertical Datum (NGVD) of 1929.
(or other datum, where specified) of
floods of varioua magnitudes and frequencies in the flood pladm of coastal
or riverine areas.
Zone of imminent coZlapse means an
area subject t o 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.

§ 59.3

Flood Disaster Protection Act of 1973
requires the purchase of flood insurance on and after March 2, 1974, as a
condition of receidng m y 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 haza r d 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 haz-'
erd =ern, 53 S U C ~Federal financial asistance, shall be provided within such
an area unless the community in which
the area is located is then-participab
ing in the Program, subject to certain
exceptions. See FIA published Guidelines at § 59.4(c).
(b) To qualify for the sdle of federally-subsidized flood insurance a community must adopt and submit to the
Administrator ks pazt of its application, flood plain management regulations, satisfging at a minimum the criteria set forth at part 60 of this subchapter, designed t o reduce or avoid future flood, mudslide (i-e., mudflow) or
flood-related erosion damages. These
r e m a t i o n s must include effective enforcement provisions.
[41FR 46968, Oct. 26, 19761
(c) Minimum requirements for adeEDITORIAL
NOTE:For ~?~DEILIIL
RE~IBTER
ci- 9UGe-flood plain mamgement r e m a of ~ e c m a o m d e c u n g 1 59.1, see t h e
tione Affected in the Finding Aids section of tiom are set forth i n 9 60.3 for floodprone areas, i n 560.4 for mudslide (i-e..
this volume.
mudflow) areas and in 560.5 for flood- .
0 69% Description of program.
related erosion arm. Those applicable
requirements
and standards are based
(a) The Natiorral Flood Insurance' Act
on
the
amount
of technical informaof 1968 was enacted by title XIII of the
Horn- aod t'rbss Development Act of tion avi~ila5leto the community.
19-68 (Pub. L. 9M48, August 1, 1968) to [41 FR 469fjf.l. Oct. 26, 1Y76. as amended at 43
- provide previously unavailable flood
FR 7140, Feb. 17. 1978. Redesignated a t 44 FR
insurance protection t o property own- 31177, May 31, 1979, and amended. at 48 FR
ers in flood-prone areas. Mudslide (as 44552. Sept. 29. 1983; 49 FR 4751, Feb. 8. 19841
d e 5 e d in 5 59.1) protection wi.a added
:to the Program by the Housing and 0 5 9 3 Emergency prograx~~
The 1968 Act required a risk study t o
Urban Development Act of 1969 (Pub. L.
91-152, December 24, 1969). Flood-relat- be undertaken for each community beed erosion (as defied in 559.1) protec- fore it could become eligible for the
tion waa added to the Program by the sale of flood insurance. Since t h i s reFlood Disaster Protection Act of 1973 quirement resulted in a delay in pro(Pub. L. 93-234, December 31, 1973). The viding insurance, the Congress, in sec-

§ 59.4

44 CFK Ch. 1 (1 11-1-94 Edition)
(3) n t l e II. section 314 of title m and
section 406 of title TV of the Disaster
Relief Act of 1974 (pub. L. 93-288).
(4) Coastal Zone Management ~ c t
(Pub. L. 92583). aa amended Public
Law 94370.
(5) Water Resources Planning Act
(Pub. L. &XI), F C ~amended public ~ a w
94-112 (October 16, 1975).
(6) Title I, National Environmental
Pollcy Act (Pub. L. 91-190).
(7) Land and Water Conservation
Fund
a
~Act ~(Pub.
c L.e 89-578). and subsequent amendments thereto.
(8) Water Resources Council, Prjncipals and Standards for Planning,
Water aad Related Land Resources (38
FR 24778-2486!3. September 10.1973).
'
(9) Executive Order 11593 (Protection
and Enchancement of the Cultural Environment), dated May 13, 1973 (36 FR
8921,M ~ Y15, 1971).
(lo)
89th
E m D - 465(11) Reudred land use element for
comprehensive plasning assistance
under section 701 of the Housing Act of
1954. 8 s amended by the Housing and
Co-unitY
Development Act of 1974
(24 CFTZm-72)(12) Executive Order 11990 (Protection
of Wetlands. dated May 24, 1977 (42 FR
26951.
25. lg77)).
(13) Water Resources Council (Guidance for
Management) (42
FR 525909 September 30. 19n).
(14) Unified National Program for
Floodplain M a w e m e n t Of the United
Statee Water Resources Council* July
1976.
(c) The following reference gufdelines
represent the views of the Federal Insurance Administration with respect t o
the mandatompurchase
insurance under section 102 of the Flood Disaster Protection Act of 1973: Man&tory Purchase of Flood Insurance
Guidelines (54 FR 29666-29695, July 13,
1989).
141 FR 46968. Oct. 26, 1976, as amended at 43
FR 7140. Feb. 17, 1978. Redesignated a t 44 FR
-31171. May 31. 1979. and amended at 57 FR

tion 408 of the Homing and Urban ,Development Act of 1969 (Pub. L. 91-152,
December 24, 1M). established an
EmemencY Flood I n s m c e PX%TaXl
a8 a new section 1336 of the National
Flood Insurance Act (42 U.S.C. 4056) to
pennit the early sale of insurance in
flood-prone ~ ~ m u n i t i eThe
~ . emerEencY promam does not affect the req w e m e n t that a c o m m w t Y
d o p t d e ~ u t eflood plain manwemerit r e m a t i o m Pursuant to Part 60 of
this ~ u b c b ~ t but
e r ~ e r d ~b ~
~
to be sold before a studg is conducted
t o determine risk ~ r e m i mrates for
the community. The Frogstill requires upon the effective date of a
FIRM the chsrging of risk Premfrates for all new ~ ~ ~ t ~ cand
t i o n
staatial impxvenen"us and far XlChzr
limits of c o v e w e for elelsting strut-

tve8,-

.

143 FR 7140, Feb. 17, 1978. RBdeeign&ed at 44
FR 31177, ~ a 31,1979,
y
and amended at 48 FR
44543. Sept. 29,19833

0 59.4 References
(a) m e folloffing &re s b t u t o r g references for the National Flood Insur=ce ao-,
under W M C ~these regulstions are issued:
(1) National Flood Insurance Act of
of the ~ o u s i n gm d
1968 (title
Urban Development Act of 1968). Pub.
L. 9Q448, approved August 1, 1968. 42
U.S.C. 4001 e t seq.
(2) Housing and Urban Development
Act of 1969 (Pub. L. 91-152, approved December 24.1969).
(3) ~ l o o dDisaster prokction ~ c oft
1973 (87 stst. 980). public bw93-234,
approved December 31,1973.
(4) Section 816 of the Housing and
Development ~~t of 1974
(87 Stet. 9751, Public LBw 93383, ark
proved 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.
o>)~h~ following are references ~ 1
evant to the National Flood Insurance
Program:
(1) Executive Order 11988 (Floodp1a;ln
Massgement, dated May 24, 1977 (42 FR
W51. May 25, 1977)).
(2) The Flood Control Act of 1964)
(Pub. L. 8Ci-645).

19540*

7- lm]

Subpart B-Eligibilit~ Requirements
0 5831 Purpose of subpart.
This subpart lists actions that must
be taken by a community to become el-

Federal Emergency danagernent Agency
igible and to remain eligible for the
,
Program.

State-administered flood plain management regulations:
-(8) A co&tment
t o recognfie and
FR -*
Oct. as' lW6.
Redesignatsd. at
duly evaluate flood, mudslide (i-e..
FR 31177, May 31,19791
.
mudflow) W o r flood-related eroaion
-in dl Official actions in the
D S 9 B Re,rq&itea for tho a&
of b-ds
flood insurance.
areaa having special flood, mudslide
(i.0.. mudflow) a.nd/or flood-related erofor flood insurance sion
'a) To
h-ds
and to take such other ofav*ability
a cornmat'
a
c
i
d
action
re-onably n e c e m to
for the entire 6Xea withfn its lusdicCout
the
objectives of the protion, and shall submit:
gram;and
(1)Copies of legislative and executive
(g) A commitment to:
indicating a lo& need for
(i) Assist the Administrator a t hi,/
insumce and *
deske
her request, in h f a e r delineation of
to w i c i p a b fP the Nationd
In- the 1-b
of the
specid
surance Program;
flood, mudslide (i-e., mudflow) or flood(2) Citations to State and local stat- related erosion h-&s;
lltes and ordinances authomng
(ii) Provide such info-tion
contiom remating landuse and "pies Of cerning .present uses and occupancy of
the 1 0 4 laws and regulations cited;
the flood plain, mudslide (i.e., mud(3)
copy Of the
plain weflow) or flood-related erosion areas as
merit re@ationB the c o m m ~ d has
t ~ the A d m i d s a t o r may request;
sdopted
meet the
of
(iii) Maintain for public inspection
@m.3, 60.4
5 60.5
this sub- and furnish upon request, for the deterThis
Include mination of applicable flood insurance
copies of aX? z0-g.
building* and sub- risk premium rates within all weas
division regulatiom, health codes,
having special flood hazara identifled
cia1 purpose ordinances (such a flood 0, a F ~ orMFIRM, any certificates
plain ordinance, grading
Or
of noodproofing, and information on
flood-related erosion control ordi- the elevation (in relation to mean sea
corrective asd level) of the level of the lowest floor
nance)* and
prevenkive meaaurea
reduce (including basement) of all new or subor Prevent flood, mudslide (i-e.. mud- stastially improved structures, and inflow) orflood-relakd
d m e ;
clude whether or not such structures
(4) A list of the bcoTWrated cornmu- contain a basement, and if the strucnities withfn the
ture h.aa been floodproofed, the elearies;
vation (in relation to mean sea level)
(5) Estimates relating t o the COrnmu- t o
which
the
structure
wss
nity a.8 a whole and to the flood. floodproofed;
mudslide (i-e.. mudflow) and flood-*
(iv) Cooperate with Federal, S t a A ~
lated erosion prone areas concerning:
and 1oca.l agencies and private fim
(i)Population;
which undertake t o study. survey,
(ii) Number of one to four f a m f l ~ map, and identify flood plain. mudslide
reddencea;
(i.e., mudflow) or flood-related erosion
(fii) Number of small businesses: and a r e a , and cooperate with neighboring
(iv) Number of all other structures.
communities with respect to the man(6) Address of a local repository,.such agement of adjcrining flood pla.in, mndaa a municipal building, where the slide (i.e., mudflow) and/or flood-relatFlood Hazard Boundary Maps (FHBM'B) ed erosion areaa in order to prevent agand Flood Insurance Ra.te Maps gravation ofexistinghazard~;
(FIRM'S) will be made available for
(v) Upon occurrence, notify the Adpublic inspection;
ministrator in writing whenever the
(7) A summsry of any State or Fed- boundaries of the conununity have
era1 activities with respect to flood been modified by annexation- or the
plain. mudslide (i.e.. mudflow) or flood- community has otherwise assumed or
related eroslon area management with- no longer ha8 authority to adopt and
in the community, such as federally- enforce flood p l a b management regufunded aood control projects and lations for a particular area. In order

*

'

*

-

§ 59.22

+-

227

44 CrmCh. 1 (1 1)-1-94 Edltlon)

-.

.

.

t h a t all FHBM's and FlltM's accurately represent the cornmuni~y's
bound aries, include within such notification a copy of a map of t h e comrnunity suitable for reproduction, clearly
delineating the new corporate limits or
new area for which the community haa
assumed or relinquished flood plain
management regulatory authority.
(b) An applicant shall legislatively:
(1) Appoint or designate the agency
or offlcial with the responsibility, authority, and means t o implement the
commitments made in paragraph (a) of
this section, and
(2) Designate the official responsible
t o submit a report t o the. Adminlstrator concernfng the community participation in the Program. including.
but not lLmited t o the development and
implementation of flood plain management regulations. Thfs report shall be
submitted annually or biennially 8s determined by the Administrator.
(c) The documents required by paragraph (a) of this eection and evidence
of the actions required by paragraph
(b) of this section shall be submitted t o
the Federal Emergency Management
Agency. Washington DC 20472.
[41 FR 46968. Oct. 26. 1976. Redeeignated at 44

lated erosion characteristics and previous losses;
(e) Extent of State and local progress
in flood plain, mudslide (i.e., mudnow)
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
F R 31177. May 31, 19791

8 59224 Suspension of community eligibility.
(a) A community eligible for the sale
of flood insurance shall be subject to
suspension from the Program for failing t o submlt copies of adequate flood
plain management regulations meeting
the xninLnum requirements of paragraphs (b), (c). (dl or (e) of 460.3 or
paragraph (b) of 560.4 or 960.5, within
six months from the date the Administrator provides $he data upon which
the flood plain regulations for the a p
plicable paragraph shall be baaed.
Where there haa not been any submission by t h e community, the Administrator shall notify the community that
90 days remain in the SIXmonth period
in order t o submit adequate flood plain
management regulations. Where there
FR 31171. M a y 31,1979 and amended at 48 F R has been a n inadequate submission, the
29318. J u n e 24. 1983; 48 F R 44543 and 44552.
Administrator shall notify the comrnuSept. 29. 1983; 49 FR 4751. Feb. 8. 1W. 49 FR nity of the specific deficiencies in its
33656. Aug. 24, 1984; 50 FR 36023. Sept. 4. 19851 submitted flood plain management regulations and inform the community of
068.2.S Priorities for the sale of flood the amount of time remaining within
insurance under the regular prothe six m o n t h period. If. subsequently.
Bram.
copies of adequate flood plain manageFlood-prone, mudslide (i-e.. mudflow) ment regulations are not received by
and flood-related erosion prone com- the Administrator. he shall. no later
munities are placed on a register of than 30 days before the expiration of
a r e a eligible for ratemaking studies the original six month period. provide
and then selected from this register for written notice t o the community and
ratemaking studies on the basis of the to the state and assure publication in
following.consideratiom-.
REGISTER under part 64 of
the FEDERAL
(a) Recommendations of State offi- this subchapter. of the community'8
cials;
loss of eligibility for the sale of flood
(b) 'Location of community and ur- insurance. such suspension t o become
gency of need for flood fnsurance;
effective upon the expiration of the six
(c) Population of community and in- month period. Should the community
tensity of existing or proposed develop remedy the defect and the Adminisment of the flood plain. the mudslide trator receive copies of adequate flood
(1.e.. mudflow.) and the flood-related plain nranagement regulations within
erosion area;
the notice period. the suspension no(d) Availability of information on the tice shall be rescinded by the Admlniscommunity with respect t o its flood, trator. I€ the Administrator receives
mudslide We.. mudflow) and flood-re- notice from the State t h a t - i t has en'

--

Federal Emergency Mt.dgement Agency
acted adequate flood
manwe- addftional premium of $25J)o shall be
~ ~ ~ regulations
e n t
for the c o m m u h i t ~ charged on each such policy newly iswithin the notice period, the SUspen- sued or renewed during the oneyear
sion notice shall be rescinded by the period beginning on the b t e the cornAdministrator. The community's eligi- munity is placed on probation and durbility shall remain terminated after ing any successive one-year periods
suspension untll copies of adequate that begin &or to October 1, 1992.
flood plain management regulations Where a community's probation begins
have been received and approved by the on or after October 1, 1992, the addiAdministrator.
tionrtl premium described in the pre(b) A community eligible for the sale ceding sentence shall be $50.00, which
of flood insurance which fails to ade- shall also be charged during any sucquately enforce flood plain manage- cessive one-year periods during which
ment regulations meeting the mini- the community remains on probation
mum requirements set forth in S60.3, for any part thereof. This $50.00 addi60.4 andlor 60.5 shail be subject t o pro- tional premium shall further be
bation. Probation shall represent for- charged during any successive one-year
ma1 notification to the community perioda that begin on or after October
that the Administrator regards the 1, 1992, where the preceding one-year,
community's flood plain management probation period began prior t o Octoprogram as not compuant with NFIP ber 1,1992.
criteria. Prior t o imposing probation.
(c) A community eligible for the sale
the Administrator (1)shall inform tne of flood insurance which fails to adecommunity upon 90 days prior written quately enforce its flood plain managenotice of the Impending probation and ment regulations meeting the miniof the speciflc program deficiencies and mum requirements set forth in 5560.3.
violations relative t o the failure t o en- 60.4 and/or 60.5 and does not correct its
force. (2) shall. at least 60 days before Program deficiencies and remedy all
probation is t o begln, issue a press re- violations to the maximum extent poslease t o local media explaining the rea- sible in accordance with compliance
sons for and the effects of probation, deadlines established during a period of
and (3) shall, at least 90 days before probation shall be subject t o suspenprobation is to begin, advise aJl policy- sion of its Program eligibility. Under
holders in the community of the im- such circumstances. the Administrator
pending probation and the additional shall grant the community 30 days in
premium t h a t will be charged, aa pro- which t o show cause why it should not
vided in this paragraph, on policies be suspended. The Administrator may
sold or renewed during the period of conduct a hearing, written or oral. beprobation. During tMs M a y period fore commencing suspensive action. If
the community shall have the oppor- a community is to be suspended, the
tunfty t o avoid probation by dem- Administrator shall inform it upon 30
onstrating compliance with Program days prior written notice and upon
requirements, or by correcting Pro- publication in the FEDERAL REGISTER
gram deficiencies and remedying all uoder part 64 of this subchapter of its
violations t o the msximam extent pos- loss of eligibility for the sale of flood
sible. If, a t the end of the 90-drmy period, insurance. ? i t the event of impending
the Administrator determines that the suspension, the Administrator shall
community has failed to do so, the pro- issue a press release to the local media
bation shall go into effect. Probation explaining the reasons and effects of
may be continued for up t o one year the suspension. The community's eligiafter the community corrects a.lI Pro- bility shall only be reinskted by the
deficiencies and remedies all vio- Administrator upon his receipt of a
lations t o the maximum extent pda- local legislative or executive measure
sible. Flood insurance may be sold or reaffirming the community's formal
renewed i n the community while it is intent t o adequately enforce the flood
on probation, Where a policy covere plain management requirements of this
property located i n a community subpart, together with evidence of acplaced on probation on or after October tion taken by the community t o cor1, 1986, but prior to October 1, 1992, as rect Program deficiencies -and remedy

44 L ~ RCh. I (1 Ck 1-94 Edition)
to the maxlmuxri extent possible those
violations which caused the ahpension. In certain csses, the Admfnistrator, in order t o evaluate the community's performance under the t e n
of its submission, may withhold reinstatement for a period not t o exceed
one year from the date of his receipt of
the satiafactorg submission or place
the community on probation aa provided for in paragraph (b) of this section.
(d) A communlty eligible for the sale
of flood insurance which repeals its
flood plain mazmgement regulations,
allows its regulations to lapse, or
amends its regulations so that they no
longer meet the minimum requirementr, set forth in s60.3, 60.4 and/or
60.5 shall be suspended from the Program. If a community is to be suapended, the Administrator s h d l inform
it upon 30 days prior written notice and
upon publication In the FEDERAL RECt
xsrw under part 64 of this subchapter
of its loss of eligibility for the sale of
flood i n s u m c e . The communlty eligibility shall rernsrin termlnrtted after
suspension until copies of adequate
flood plain xmmgement regulations
have been received and approved by the
Administrator.
(e) A community eligible for the sale
of flood insursnce may withdraw from
the Program by submitting to the Administrator a copy of a legislative action that explicitly states its desire to
wfthdraw from the National Flood Insurance Program. Upon receipt of a
certmed copy of a final legislative action, the Administrator sha.ll withdraw
the community from the Program and
REGISTER
uqder
publish in the FH)ERAL
pa& 64 of thle eubchapter its loss of ellgibility for the eale of flood insurance.
A community that hss withdrawn from
the Program may be reinstated if Its
submit8 the appucation materials specified in 5 59.22(a).
( f ) If during a period of ineligibiity
under ~
p
h (a).s(d), or (e) of this
section, a community has permitted
actions t o take place tha.t have aggrsvated existing flood plain, mudslide
(i.e.. mudflow) sndlor flood related erosion hazards, the AnmrntRtrator may
wfthhold reinstatement until the community submi& evidence that it has
taken rtction t o remedy t o the maxi-

mum extent possible the increased hmards. The Administrator may also
place the reinstated cornsunity on
probation as provided for in paragraph
(b) of this section.
(g) The Administrator shall'promptly
notify the servicing company and any
insure1-8 issuing flood insurance pursuant to an arrrasgernent with the Administrator of those communities
whose eligibility haa been suspended or
wMch 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 renew4 had actual notice of the*
ineligibility.
141 FR 46969. Oct. 26, 1976. Redesignated at 44
FR 31177. May 31, 1979, and amended at 4 8 F R - 44543 and 44552, Sept. 29, 1983; 49 FR 4751. Feb.
8, 1984; 50 FR 36023, Sept. 4, 1965; 57 FR 19540.
May 7. 19921

PART 60-CRITERIA FOR LAND
MANAGEMENT AND USE
Subpart A-Requfrements lor Fload Plain
.

Management Regulattonr

.-

Sec.

60.1 Purpoee of subpart.
60.2 Minfmum compliance with flood plain

management criteria.

60.3 Flood plain management criteria for

flood-prone areas.

60.4 Flood plain management criterla for

mudsllde (1.e.. madnow) -prone area.
60.5 Flood plain management criteria for
flood-related erosion-prone areas.

60.6 Variances and exceptions.
60.7 RevisJons of criteria for' flood plain
'

management regulations.,

60.8 Deflnitione.

.Subpart 8-Requirements for State Flood
Ptain Management Regukrtionr
.
.
.
. .

.

.

.

60.11 w e e of this subpart.
60.12 Flood plan management criteria for
Statgowned properties in epecial havrrd
mas.
60.13 Noncompliance.

Subpart C - A d d M a l
'

Mdercrtlons In

Managing Fld-Rone, Mudslide -0.e..
Mudflow)-Rone: and Flood-Related
Erosion-Prone Are&

60.21 Purpose of this subpart.

'

.

.

Federal Emergency Management Agency

5 60.2

(dl The criteria set forth a this s u b
Part are minimum standards for the
&option of flood plain management
regulations by flood-prone, mudslide
(i.e., mudflow>-prone and flood-related
erosion-~ronecoI'Il.munities. Any community may exceed the minimum crlteria under this part by adopting more
comprehensive
flood plain management
A U T H O ~42
: U.S.C. 4001 et eeq.; Reorganization Plan No. 3 of 1978; E.O. 12127.
regulations utilizing the standards
such as contained in subpart C of this
SOURCE:
41 FR 46975. Oct. 26. 1976. unleee part. In some instances, community ofo t h e d a e noted. Redesignated at 44
3117'7, ficials may have access to ti^^
May 31,1979.
or howledge of conditions that require, particularly for h n m ~ nsafety,
Subpad A-RequCements
higher standards than the minimum
F l o o d . Plain Management criteria set forth in subpart A of this
part. Therefore, any flood plain manRegulations
agement regulations adopted by a .
State or a community which are nore
restrictive
than the criteria set forth
(a)The Act provides that flood insurance sha.ll not be sold or renewed under in this part are enoouraged and shall
the program within a c o m m d ~ ; ' i i C - take precedence.
less the community has adopted ade- [41 FR 46975, Oct. 26. 1976. Redesignated at 44
quate flood plain management regula- FR 31177, May 31, 1979, and amended at 48 FR
tione consistent with Federsl criteria. 44552. Sept. 29, 1983; 49 F'R 4751. Feb. 8. 19841
Responsibility for establishhg such
criteria is delegated to the Admlnis- 0 603 Minimam compliance with flood
plain management criteria.
trator.
(a) A flood-prone community apply(b) This subpart sets forth the crlteria developed in accordance with the ing for flood insurance eligibility shall
Act by which the Administrator will meet the standards of §60.3(a) in order
determine the adequacy of a commu- to become eligible if a FHBM has not
nity's flood pla.in mamagement r e @ & - been issued for the community at the
tione. These regulation8 must be le- time of application. Thereafter, the
gally-enforceable, applied uniformly community will be given a period of six
throughout the community t o all prl- months from the date the Adminisvately and publicly owned land within trator provides the data set forth in
flood-prone, mudslide (i.e., mudnow) or 860.3 (b), (c), (dl. or (e) in which to meet
flood-related erosion area, and the the requirements of the applicable
community must provide that the mg- paragraph. If a community has reulatlons take precedence over any less ceived a FHBM, but has not yet applied
restrictive c o d c t i n g lo& laws, ordi- for Program eligibllity, the community
nances or codes. Except aa otherwise sha.ll apply for eligibllity directly
prodded in 960.6, the adequacy of such under the standards set forth in
regulations shall be determined on the 9 60.3(b): Thereafter, . the community
basie of tha stasdarGe set forth ia 060.3 YA.U be given a period of gix months
for flood-prone areas, 960.4 for mudslide from the d a t e the Aamlnrntrator proareas and 0 60.5 for flood-related erosion d d e s the data set forth in 560.3 (c), (d),
or (el in which t o meet the requireare-.
(c) Nothing in this subpart shdl be ments of the applicable paragraph.
(b) A mudslide (i-e., mudnow>-prone
constrned aa modifying or replacing
the general requirement that all eligi- community applying for flood insurble communities must take into ac- ance eligibility sha.ll meet the standcount flood, mudslide (i-e., mudflow) ards of §60.4(a) t o become eligible.
and flood-related erosion ha.za.rds, t o Thereafter, the community will be
the extent that they are known, in all given a period of six months from the
offlclal actions relating to land man- date the mudalide (i-e., mudflow) areas
having special mudslide hazzu-ds are deagement and use.
60.22 Planning considerations for. ?oodprone areas.
60.B Planning condde=tlom for mudalide
(1.e.. mudflow)-prone areas.
60.24 Planning conalderatione for flood-related eroelon-mone areas.
60.25 ~ e e i ~ n a t i duties,
o~,
and responaibilities of State Coordlnating Agencies.
60.26 Local coordination.
..

=

44 CFR

-

lineated in which to meet the req*ements of O 60.4(b).
(c) A flood-related erosion-prone
community applying for flood insurance eligibility shall meet the standof Q60.5(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@).
(d) Communities identified in pkl't 65
of this subcbapter ss containing more
than one type of hazard (e-g., any combination of specid flood,'mudEllide (i.e.,
mudflow), and flood-related erosion
hazard mas) shall adopt flood plain
management regulations for each type
of hazard consistent witb the rsg.*ements of s60.3,
60.4 and 60.5.
(e) Local flood plain management
regulations may be submitted to the
S t a t e CoordinatLng Agency designated
pursuant to 560.25 for its advice and
concurrence. The submission to the
State shall clearly describe proposed
enforcement procedures.
( f ) The community offlcid responaible for submitting anurn or biennial
reports to the Administr&tor pursuent
to Q59.22(b)(2) of this subchapter shall
also submit copies of each m u a l 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 d a t a provided by the
Administrator. Without prior approvd
of the Administrator, the community
sha.ll not adopt aad enforce flood plafn
management regulations based upon
modifled Osta reflecting natur-s? or
man-made physical changes.
[41 FR 46975, Oct. 26, 1976. Redealgrated at 44
FR 31177, May 31,1979, and amended at 48 FR
29318. June 24, 1963; 48 FR 44552. Sept. 29, 1983;
49 FR 4751, Feb. 8, 1984; 50 FR 36024, Sept. 4,
19851

$603 F l d plain management criteria
for flood-prone arean
The Aamintstrator w i l l provide the
data upon which flood plain management regulations sha.ll be based. If - the
,

Ch.1 (1 0-1 -94 Ediiion)

Administrator has not provided sufffd e n t 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 Abrninistrator. However, when special flood hazard area designations and
water surface elevations have been furnlshed by the Administrator. they
shall apply. The symbols defining such
special flood hazard designations are
set forth in 8 64.3 of this subchpter. 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 '
sf techical
farmally provided to
the community by the Administrator.
Minimum standards for communities
are as follows:
(a) When the Administrator has not
defined the special flocd hszasd areas
within a community, has not provided
water surface elevation data, and has
not provided sufficient data t o identify
the floodway or coastal high hazard
area, but the community has indicated
the presence of such hazards by submitting
application t o 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 constmction or other development is proposed within flood-prone areas;
(2) Review proposed development to
assure that all necessary pennits 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 whethsr proposed building
sites will be reasonably safe from
flooding. IT a proposed building site is
in a flood-prone area, all new construction and substantial improvements
shall (i) be designed (or modified) and
jilequaely anchored to prevent flotation. collapse, or lateral movement of
the structure resulting from hydrw
dynamic and hydrostatic load. includ-

,=

Federal Emergency Management Agency
ing the effecta of buoyancy, (ii) be,constructed with materials resistant to
flood damage, (iii) be constructed by
methods snd practices that minimize
flood damages, and (iv) be constructed
with electrical, heating, ventilation,
plumbing. and air conditioning equipment and other service facilities that
m-e designed andlor located so aa to
prevent water from entering or accumulating within the components during conditions of flooding.
(4) Revlew subdivlaion proposals and
other proposed new development, including mesufactured home .parks or
subdivisions, to . determine whether
such propossls 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 t o be designed to minimize
or eliminate infiltration of flood waters into the systems and discharges
from the s y s t e m into flood waters and
(ii) onsite waste disposal systems to be
located to avoid impairment to them
or conta.mination from them during
flooding.
(b) m a n t h e Anmlnlstrator las deaignated 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 W d area, the community
shall:
(1) Require pennits for all proposed
construction m d other developments
including the placement of aasufactured homes. within Zone A on the
community's FHBM or FIRM;

(2) Require the application of the
standards in paragraphs (a) (21, (31, (4).
( 5 ) and (6) of this section to develog
ment within Zone A on t h e community's F H 3 M or FIRM;
(3) Require that all new subdfvision
~roposalsand other proposed develog
ments (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 reason~blyutilize any base flood elevation and
floodway data available from a Federal, State, or other source, including
data developed pursuant t o paragraph
(b)(3) of this section, as criteria for requtrfng that new construction, sub-'
s t a t i a l ?nprovernents, or other development in Zone A on the community's
FHBM .or FIRM meet the standards in
paragraphs (c)(2), (c)(3), (~j(5),-'-(~)(6).
(cI(12). (cI(14). (d)(2) and (d)(3) of this
section;
(5) Where base flood elevation data
are utilized, within Zone A on the comm u n i t y ' ~FHBM or FIRM:
(i) Obtain the elevation (in relation
to mean sea level) of the lowest floor
(including basement) of all new and
subshntially improved structures, and
(ii) Obtain, if the structure has been
floodproofed in accordance with paragraph (c)(S)(ii) of this section, the elevation (in relation to mean sea level)
to
which
the
structure
was
floodproofed, and
(iii) Maintain a record of a3l such information with the official designated
by the community under $59.22

'

(a)(g)(iii);
(6) Notify, in riverine situations, adjacent communities and the State Co-

ordinating Office prior t o any alteration or relocation' of a watercourse,
s;;d snbmit copies of such notifications
to the ~hministrator;
(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 an-

.

Q 60.3
chored t o resist flotation, collapsq, or
lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame
ties t o 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 fina3 flood elevations
for one or more special flood hazard
are- on the community's FIRM and, if
eppropriate, has designated other special flood hazard areas without base
flood elevations on the community's
FIRM, but has not' identified a regulatory floodway or coaatal high hazard
area, the community shall:
(1) Require the standards of paragraph (b) of this section within all Al30 zones, AIL3 zones, A zones, A H zones,
and A 0 zones, on the community's

FIRM;

(2) Require that all new constnrction
and subst;antW improvements of residentid 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
L granted an exception by the Admfnb t r a t o r for the allowance of bssements
in accordance wi-th560.6 (b) or (c);
(3) Require that- all new construction
and substantial improvements of nonresidentid structures within Zones Al30, AE and AH zones on the community's flnn (i)have the lowest floor (includlng basement) elevated to or above
the baae flood level or, (ti) together
with attendent utility and sanitary faclllties, be designed so that below the
base flood level the structilre Is watertight wlth walls subst9stiaJly impermeable to the w s s g e of water and
with s t r u c m components having the
capability of reelsting hydrostatic and
hydrodgnaslic loads and effects of
buoyancy;
(4) Provide that where a non-residentlal structure Is intended t o be made
watertight below the baae flood level,
(i) a reglatered professionsl engineer o r .
architect nh83i develop and/or review
structura;l design, speciflcatioas, and
plsns for the construction. and shall
certify that the design and methods of
construction are in accordance with aCcepted standards of practice for meet-

44 L. d Ch.1 (1 0-1-94 Edition)

ing the applicable provisions of paragraph (c)(3)(ii) or (c)(8)(ii) of this section. and (ii) a record of such certificates w u c h includes the specific elevation (in relation to mean sea level)
to which
such structures
are
floodproofed shall be maintained with
the ofEciaJ designated by the community under 8 59.22(a)(g)(iii);
( 5 ) Require, for aJ1 new construction
and substantial improvements, that
fully enclosed areas below the lowest
floor that are ugable solely for parking
of vehicles, building access or storage
i i t an area other thsn a basement and
which are subject to flooding shall be
designed t o a u t o m a t i d l y equalize hydrostatic flood forces on exterior w d l s '
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 encloeed area subject to
flooding shall be provided. The bottom
of all openings shall be no higher than
one foot above grade. Openings m a y be
equipped with screens, louvers, valves,
or other coverings or devices provided
that they permit tlie automatic entry
and exit of floodwaters.
(6) Require that manufactured homes
that are placed or substantially improved within Zones Al-30, AH, and A E
on the community's F?RM 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 erdsting
manufactured home park or subdivision. or
(iv) Ih an existing manufactured
home pe,zk or subdivisio~~n w u c h a
manufactured home has incurred "substantial damage" aa the result of a
flood, be elevated on a permanent foundation such t h a t the lowest floor of the
manufactured home is elevated t o or
above the base flood elevation and be
securely anchored to an adequately anchored foundation system to resist
floatation collapse and lateral m o v e
ment.
(7) Require within any A0 zone on
the community's FIRM t h a t all new

Federal Emergency Munagement Agency
construction and substantial improvements of residential structures h a v e
the lowest floor (including basement)
elevated above the highest adjacent
grade at least as high aa the depth
number specified in feet on the community's FIRM (at least two feet if no
depth number is specified);
(8) Require withLn any A 0 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 t o that level to meet the
floodproofing standard specifled in
- §6O.%c)(3)(ii);
(9) RequLre within any A99 zones on a
community's FIRM the standards of
paragraph8 (a)(l) throngh (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
flll) shall be permitted within Zones
A130 and BE on the community's
FIRM, unless it is demonstrated that
t3e cumulative effect of the proposed
development, when c-ombined with all
other existing and anticipated development, will not increase the water BUTface elevation of the bsse flood more
than one foot at any point within the
community.
(11)Repwithln zones AE and AO,
adequate drainage path8 arorlnd structures on slopes, t o guide floodwatere
around and away from proposed structures.
(12) Require that manufactured
homes t o be placed or substantially improved on sites i n an existing xnanufactured home park or subdivision within
Zones A-1-30, AH, and AE on the community's FIRM that are not subject t o
the provisions of psragrrtph (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 chaasis
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 a p
prove certain development in Zones Al30. AE. and AH. on the community's
FlRM 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 reviaion aa e s t a b
lished under the provisions of 065.12,
and receives the approval of the Administrator.
(14) Require t h a t 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
comecutive daya.
(ii) Be fully licensed and ready for
highway use. or
(iii) Meet the perrnit requirements of
puagraph (b)(l) of this section and the
elevation and anchoring requirements
for "manuftwtured homes" in paragraph (c)(6) of this section.
A recrestional vehicle is .ready for
highway m e if it is on its wheels or
jacking system. is attached to the site
only by quick discomect type utilities
and security devices, and has no permanently attaohed additions.
(d) When the Administrator has provided a notice of final base flood elevatiqns within' Zones A130 and/or AE
on the community's FIRM and, if appropriate. haa designated A 0 zones, AH
zo,nes, A99 zones, and A zones on the
community's FIFIM, 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 tbis section;
(2) Select and adopt a regulatory
floodway based on the principle that
the area chosen for the regulatory
floodway must be designed t o carry the
water8 of the bsse flood, without increasing the water surface elevation of

44 CFR Ch. 1 (1 0-1 -94 EdMon)
that flood more than one foot a4 any
point;
(3) Prohibit encroachments, includh g fill, new construction, substantial
improvements, and other development
within
the
adopted
regulatory
floodway unless it bas 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) ~ o t w i t h s t a s d ~ n g ' a nother
y
provisione of 860.3, a community may permlt encroachments within the adopted
regulatory floodway that would result
in an increase in baae flood elevaticm,
provided that the community first a p
plies for a conditional FIRM and
floodway revision, fulfflle the requirements for such revisions a8 established
under the provisions of 865.12, and receives the approval of the Administrator.
(e) When the ~ d m i n i s t i a t o rha8 pro-.
vfded a notice of final base flood elevations within Zones A130 andlor AE
on the community's FIRM and, if appropriate. haa designated A H zones, A 0
zones. A99 zones, and A zones on the
community's FIRM, and has identified
on the community's FIRM coastal Ugh
hazard areas by designating Zones V130, VE, and/or V, the community 8ba;ll:
(1) Meet the requirements of paragraphs (c)(1) through (14) of this eection;
(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 piand columns) of all
oew and substantially improved structures, and whether or not such structures contain a basement, and (ii)
meintab a record of all such informatlon with the official designated by the
cornmunits under L 59.22(a)(9)(il.l):
(3) Provide thst all new construction
within Zones V1-30, VE, and V on the
cornmenfty's FIRM ja located landward
of the reach of mean Ugh 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
communfty's FIRM, are elevated on
pilings and columnn so thst (i) the hottom of the lowest horizonta;l st.suctura1
member of the lowest floor (excluding
the piUnm or columas) 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 a13 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
'stssdards. A registered professional en- .
gineer or axchitect &all develop or review the structural design. specifications and plans for the construction,
and shall certify that the design and
methods of co~lrrtructiont o 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 latticework, or insect screening intended to
collapse under w h d and water loads
without causing collapse, displacement, or other structural damage t o
the elevated portion of the building or
supporting foundation system. For the
purposes of this section, a breakway
rewall shidl have a design safe lo*
sistance of not less t h a s 10 and no more
t h m 20 pun& per square foot. Use of
breakway w a s 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 condftions:
(i)Breakaway wall collapse shall result from a water load less than thst
which would occur during the base
flood; and.
(If) The elevated portion of the building and supporting foundation system
shall not be subject to collapse, dls-

Federal Emergency Mar r ~ g e m e n Agency
t
placement. or other S t ~ c t ~ rdantage
al
due t o the effects of wind and water
loada acting simultaneously on all
building comporents (structural and
non-structural). Water loading values
used shall be those sssociated with the
base flood. Wind loading values used
shall be those required by applicable
State or local building standards.
Such enclosed space shaU be useable
solely for parking of vehicles, building
acce88, or storage.
(6) Prohibit the use of fill for structural support of buildings within Zones
V1-30, VE, 8.nd.V on the community's

FIRM;
(7) Prohibit mas-made alteration of
mnd dunes and mangrove standa with-,
in Zones V130, 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 ~ ~ b d l ~ i s i o n .
(iii) In an expamion to an exlsting
mssufactured home park or subdivision, or
(iv) In an existing manufactured
home park or subdivision on which a
manufactured home has incurred "substaatial damage" aa the result of a
flood.
meet the standards of paragraphs (e)(2)
through (7) of thb section and that
manufactured homes placed or substantially improved on other sites in an existing rnanufactured home park or subdivision within Zones VI-30, V, a s d VE
on the community's FIRM meet the requirements of paragraph (c)(lZ) of this
section.
(9) Require that recreational vehicles
placed on sites within Zones V130. 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 paragraphe (b)(l) and (el (2) through (7) of
this section.
A recreational vehicle 'is ready for
highway use if it is on its wheela or

5 60.4

jacking system, is attached to the site
only by quick disconnect type utilities
and security devices, and has no permanently attached additions.
Oct. 26. 19761
E D ~ U NOTE:For FEDERAL
REGIBTER ~ f tations affecting 560.3. see the List of Sections Affected in the Findlng Aids section of
this volume.
[41 FR 46975,

9 60.4 Flood lain management criteria
for m u * L

(LC, muflow)-prone

areas.

The Administrator will provide the
data upon which flood plain management regulations shall be based. If the
Administrator has not provided sufficient d a t a 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 deflning such special
mudslide (i.e., mudflow) hazard designations are set forth in 564.3 of this
subchapter. In all cases. the minimum
requirements for mudslide (1.e.. mudflow)-prone areas adopted by a particular community depend on the amount
of technical data provided t o the community by the Administrator. Minimum standards for communities are as
follows:
(a) When the Administrator has not
yet identified any area within the cornmunity 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 Prog m , the community shall
(1) Require permits for all proposed
construction or other development in
the community BO that it may determine whether development is proposed
within mudslide (i.e., mudflow)-prone
areas;
(2) Require review of each pennit application t o determine whether the
proposed site and improvements will be
reasonably safe from mudalides (i.e..
mudflows). Factors t o be considered in
making such a determination should
include but not be limited to (i) the

Q 60.5

.

.

.

-

44 Ci, Ch. 1 (10-1-94 Editlon)

type and quality of soils, (ii) any evf- of Building Officials, 50 South LOS
dence of ground water or surface water Roble~,P d e n a , California 91101.
(iii) the depth and
of 141 FR 46975, Oct. Z6.1916. mdesimabd at 4
any fill, (iv) the
Of the
FR 311'77. M a g 31.1979, and amended at 40
site, and (v) the weight t h a t any Pro- 44552, Sept. 29, 1983; 49 FR 4751, ~ e b 8,, 19841
posed rttructure will impose on the
8 60.6 Flood plain management criteria
slope;
for
flood-related erosion-prone
(3) Require, if a proposed site and harea8.
provements are in a location that xnay
The Administrator will provide the
have mudalide (i-e., mudflow) hazards,
that (i) a site investigation and further data upon wMch flood plain managereview be made by persons quidifled in ment regulations for flood-related erogeology and soils engineering, (ii) the sion-prone areas shall be baaed. If the
proposed grading, excavations, new Administrator has not provided sufficonstruction, and substantial improve- cient data to furnish a basis for these
ments are adequately designed and pro- regulations in a particular community,
the community shall obtain, review,
tected against mudaLide (i.e., mudnow) and
reasonably utilize d a t a available
damages, (iii)the proposed grsding, exfrom
other Federal, State or other
cavations, new construction and sub- sources,
pending receipt of data from
staatial improvements do not aggra- the Administrator. However, when spevate the existing hazard by creating ei- cial flood-related erosion hazard area
ther on-site or off-site disturbances, designations have been furnished by
and (iv) drainage, planting, watering, the Administrator they shall apply.
and maintenance be such as not to en- The sgmbols defining such special
danger slope stabill ty.
flood-related erosion hazard designa(b) When the Administrator has de- tions are set forth in 564.3 of this sublineated Zone M on the c o m m d t y ' s chapter. In all cases the minimum requirements governing the adequacy of
FIRM,the community shall:
(1) Meet the requirements of para- the flood plain management regulations for flood-related erosion-prone
graph (a) of this section; and
areas
adopted by a particular commG(2) Adopt and enforce a grading ordinity
depend
on the amount of technical
nance or regulation in accordance with
data
provided
to the community by the
data supplied by the Administrator
Administrator.
Minimum standards for
which (i) regulates the location of
communities
are
as follows:
foundation syetem and utility systems
has not
(a)
When
the
Administrator
of new construction and subslaatial yet identified any area within the
comImprovements, (ii) regulates the loca- munity as having special flood-related
tion, drainage and maintenance of all erosion hazards, but the community
excavations, cuts and fills and planted has indicated the presence of such bszslopes, (iii) provides special require- ards by submitting an application t o
ments for protective measures includ- participate in the Program, the coming but not necessarily limited to re- munity shall
taining walla, buttress fills, sub-drains,
(1) Require the issuance of a pennit
diverter tefhces, benchinge, etc.. and for all proposed constmction, or other
(ivj requires engineering drawings and development in the area of flood-relab
specifications to be submitted for all ed erosion hazard, as it is known to the
corrective measures, accompanied by community;
supporting soils engineering and geol(2) Require review of each permit a p
ogy reports. Guidance may be obtained plication to determine whether the
from the provisions of the 1973 edition proposed site alterations and Lmpro-veand any subsequent edition of the Uni- ments will be reasonably safe from
form Building Code, sections 7001 flood-related erosion and will not cause
through 7006, and 7008 through 7015. flood-related erosion hazardS or otherThe Uniform Building Code is pub- wise aggravate the existing flood-zelab
lished by the InternationaJ Conference ed erosion hazard; and

Federal Emergency Management Agency

(3) If a proposed improvement it!
found to be i n the path of flood-retated
erosion or to increase the erosion hazard, require the improvement to be relocated or adequate protective measures t o be taken which will not aggravate the existing erosion hazard.
@) When the Administra,tor has delineated Zone E on the community's
FIRM, the commmity shsll
(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 o r other body of water, to
create a safety buffer consisting of a
natural vegetative or contour strip.
This buffer w i l l be designated by the
Admlni~tmtoraccording to the floodrelated erosion hazard and erosion
rate, i n conjunction with the anticipated "useful life" of structures. and
depending upon the geologic, hgdrologic, topographic and climatic characteristics of the community's land. The
buffer may be used for suitable open
space purposes, such aa for agricultural, forestry, outdoor recreation and
wildlife habitat mess, and for other sctivities using temporary and portable
structures only.
141 FR 46975! Oct. 26. 1976. Redeaignated st 44
FR 31177. May 31,1978, and amended st 48 FR
44552. Sept. 29, 1983; 49 FR 4751, Feb. 8. 19641

0 60.6 Varknc68 and exceptions(a) The Administrator does not set

forth absolute criteria for granting
variances *om the criteria set forth in
H60.3,60.4, 8nd 60.5. The issuance of a
variance is for flood plain management
purposes only. . hfmrmce premium
rates are determined by statute according t o at5t&al
risk and will not be
modifled by t h e grssting of a variance.
The community, after examfning the
appliceotJ's bariships, shall approve or
disapprove a request. While the granting of variances generally is W t e d to
a lot size iess than one-half acre (as set
forth i n paragraph (a)@)of this section), .deviations from thai; limitation
'may occur. However. as the lot size increases' beyond one-half acre, the technical justifloation required for issuing
a variance increases. The Administrator may review a communfty's findings justifying the grasting of
variances, and if t h a t review indicates

a Pattern inconSi6tent with the objectives of sound fiood plain management,
the Administrator may take appropriate action under §59.24(b) of this
subchapter. Variances may be issued
for the repair or rehabilitation of historic structures upon a determination
that the pr0p06ed repair or rehabiiitation will n9t preclude the structure's
continued designation aa a hlstoric
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 aa follows:
(1) Variances shall not be issued by a
community within any designated regulatory floodway if any increase in.
flood levels during the bsse flood discharge would result:
(2) Variaaces niay be issued by a
community for new -construction and
substantial improvements t o 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 baae flood level, in conformance with the procedures of paragraphs
(a) (3). (4). (5) and (6) of this section;
(3) Variances shail only be issued by
a community upon (i) a showing of
good and sufficient cause, (ii) a determination that failure t o w a n t the variance would result in exceptional hardship to the applicant, and (iii) a determination that the m
t
i
n
g of a vasiance will not result in increased flood
heights, additional threats to public
safety, extraordin~ry public expense,
create nuisances, came fraud on or victimization of the public. or conflict
with existing local laws or ordinances;
(4) Varisnces shall oniy be issued
upon a determination th%tthe variance
is the minimum necessary, coneidering
the flood hazard, to aXford relief;
(5) A community shall notify the a p
plicant in writing over the signature of
a community officiaJ t h a t (i) the issuance of a variance to construct a structure below the bsse flood level will result in increesed premium rates for
flood insurance up to amounts es high
as 525 for $100 of insurance coverage
and (ii) such construction below the
baae flood level incresses risks t o life
and property. Such notification shall
be maintained with a record of all vari-

ance acticns as required in paragraph whether an Environmental Lipact
k
(a)(6) of this section; and
Statement or other environmental doc(6) A community shall (i) maintain a ument will be prepared, will be made in
record of all variance actions. includ- accordance with the procedures set out
ing justification for their issuance, and in 44 CFR part 10. Ninety or more days
(id) report such variances issued in its may be required for an environmenw
annua.l or biennial report submitted to quality clearance if the proposed exthe Administrator.
ception will have significant impact on
(7) Variances may be issued by a the hmmn environment thereby recommunity for new construction and quiring an EIS.
substantial improvements and for
(c) A community may propose flood
other development necessary for the plain management measures which
conduct of a functionally dependent adopt standards for floodproofed resiuse provlded that (i) the criteria of dential basements below the base flood
paragraphs (a)(l)through (a)(4) of this level in zones A1-30, AH, AO, and AE
section are met, asd (ii) the structure which are not subject to tidal fl~oding.
or other development is protected by Nothwithstanding the requirements of
methods that minimize flood damages paragraph (b) of this section the Adduring the base flood and create no ad- ministrator may approve the proposal
ditional threats t o public safety.
provided that:
(b)(l) The requirement that each
(1) The comrnunlty has demonstrated
flood-prone. mudslide (i.e.. mudflow)- that area8 of special flood hazard in
prone, end flood-related erosion prone which basements will be permitted are
community must adopt and submit subject to shallow and low velocity
adequate flood plain m a g e m e n t regu- flooding and that there is adequate
lations as a condition of initial and flood warnfng time to ensure that all
continued flood insurance eligibility is residents are notified of impending
statutory and cannot be waived. and floods. For the purposes of this parasuch regulations shall be adopted by a graph flood chaL"acteri6tics must incommunity within the time periods clude:
specif3ed in Ss60.3, 60.4 or 560.5. How(i) Flood depths that are five feet or
ever, certsin exceptions from the less for developable lots that are constandards contained in this subpa.rt tiguous t o lsnd above the base flood
may be permitted where the Adminis- level and three feet or less for other
trator recognizes that, because of ex- lots;
(ii) Flood velocities that stre five feet
traordiaary circumstances, local conditiom may render the application of per second or less; and
(iii) Flood warning times that are 12
certstandards the cause for severe
hasdship and gross inequity for a par- hours or greater. Flood warning times
tic*
community. Consequently, a of two hours or greater may be apcommunity proposing the adoption of proved if the community demonstrates
flood plain management regulations that it has a flood warning system a d
which vary from the standards set emergency plan i n operation that is
forth in s60.3, 60.4, or 860.5, shall ex- adequate to ensure safe evacuation of
plain in writing t o the Administrator flood plain residents.
(2) The community has adopted flood
the nature and extent of and the reasons for the exception request and shall plain management measures that reinclude sufflicient supporting e c o n o r ? ~ . quire that new construction and subenvironmental, topographic, hydro- stmtial improvements of residential
logic. and other scientific and tech- st-w~turesr;ith basements in zones Alnical data. and data with respect'to the 30. AH. AO. and AE shall:
(i) Be designed and built so that any
impact on public safety and the environment.
baaement area. together with attend(2) The Administrator shall prepare a ant utilities and sanitary facilities
Special Environmental Clearance t o below the floodproofed design level, is
determine whether the proposal for an watertight wlth walls that are imperexception under paragraph (b)(l) of this meable to the passage of water without
~ e c t i o nw i l l have signifwant impact on human intervention. Basement w a s
the human environment. The decision shall be built with the capacity to re-

.

Federal Emergency Mt. .dgement Agency

560.12

sist h ~ d r o s t a t i c and h g d r o d ~ n a d c # 60.8 Definitions.
the effects of buoyancy
The definitions set forth in part 59 of
Suiting
the this subchapter are applicable to this
floodproofed design level, and shall be pm.
designed so that minimal damage will
Occur
noode that exceed
Subpart B-Requiremenh for Stde
level. The floodproofed design level
Flood
Plain Management
shall be an elevation one foot above the
Regulations
level of the base flood where the difference bebeen the baae flood and the D 80.11 Purpose of thie subpart.
m y e a r flood is three feet or less and
(a) A State is considered a "commutwo feet above the level of the base nity"
pursuant to 559.1 of this subflood where the difference is greater chapter; and, accordingly, the Act prothan three feet.
vides that flood insurance sha.lI not be
(ii) Rave the top of the floor of any sold or renewed under the Program unbasement area no lower than five feet less a community haa adopted adequate
below the elevation of the base flood;
flood plain management regulations
(iii) Have the area surrounding the consistent with criteria established by
structure on all sides filled t o or above the Administrator.
the elevation of the baae flood. Fill
(b) 'l'his subpart sets forth the flood
must be compacted with slopes pro- plain management criteria required for
Sta3e-owned properties located within
tected-by 'vegetative cover;
hiward a r e a identified by the
special
(iv) Rave a reglstered professional
Administrator.
A State shall mtisfy
engineer or architect develop or review
such
criteria
as
a
conation t o the purthe building's structual design, specifications, and plans, including consid- chase of a Standard Flood Insurance
eration of the depth, velocity, and du- Policy .for a State-owned structure o r
its contents, or as a condition to the
ration of flooding and type and per- approval
by the Administrator, pursumeability of soils at the building site. a n t t o part
75 of this subchapter, of its
and certify that the beaement design plan of self-insurance.
and methods of construction proposed
are i n accordaace with accepted stand- [41 FR 46975, Oct. 26, 1916. Redesignated at 44
FR 31177, May 31,1919, and amended at 48 FR
ards of practice for meeting the provi- 44552,
Sept. 29. 1983; 49 FR 4751. Feb. 8. 19841
sions of this paxagraph;
(v) Be inspected by the building in- $60.12 F l d plain management criteria for State-owned properties in
spector or other authorized.representae p c i a l hazard areas.
tive of the c o r n m m t y t o verify that
the structure is built according t o its
(a) The State shall comply with the
design and those provisioae of this sec- minimum flood plain management CIAtion which are verifiable.
teria set forth i n % 60.3. 60.4. and 60.5. A
State
either shall:
[4Fft 46975. Oct. 26, 1W6.Redesignated at 44
(1)
Comply
with the flood plain manFR 31177. Mag 31. 1919. and amended at 48 FR
agement
requirements
of all local com44543 and 44552. Sept. 29,1983; 49 FR 4751. Feb.
munities
participating
i n the program
8, 1984: 50 FR 360%. Sept. 4, 1985; 51 FR m,
in which State-owned properties are loAug. 25.1986, 54 FR 33550. A w . 15.19891
cated; or
(2) Establish and enforce flood plain
960.7 Revisions of cribria for flood
management
regulations which, a t a
plain
management
&tiox=
minimum,
satisfy
the criteria set forth
From time t o time past 60 may be re- in §§ 60.3, 60.4, and 60.5.
vised as experience is acquired under
(b) 'I'he procedures by wh.ich a state
the Program and new information be- government
adopts and administers
comes available. Communities will be flood plain management regulations
given six months from the effective satisfying the criteria set forth in
date of any new regulation to revise S60.3, 60.4 and 60-5 may vary from the
their flood plain management regula- procedures by which locril governments
tions to comply with any such changes. satisfy the criteria.
loads

'

.

..

44 t. Ch. I(10-1-94 Edffion)

(c) If any State-owned property @ located in a non-participating local community. then the State shall comply
with the requirements of paragraph
(a)(2) of this section for the property.
If a State fails to submit adequate
flood plain management regulations
applicable to State-owned properties
pursuant to § 60.12 within sfx months of
the effective date of this regulation, or
fails to adequately enforce such regulations, the State shall be subject to swpensive action pursuant to 559.24.
Where the State fails to adequately enforce its flood plafn management reguktions, the Administrator shall conduct a hearing before initiating such
suspensive action,
141 F'R 46975, Oct. 26,1976. Redesignated at 44

FR 31177. May 31, 1979. and amended at 48 FR
44552. Sept. 29, 1983; 49 FR 4751. Feb. 8. 19841

Subpart C-Addiiional

Consf derations in Managing F l o o d Prone, Mudslide .
Mudnow)-Prone a n d Flood-Relate d Erosion-Prone Areas

The purpose of this subpart is to encourage the formation and adoption of
overall comprehensive management
plans for flood-prone. mudslide (1.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.
9 6 0 S Pkrnning

considemtione for
flood-prone areas.
(a)The flood p M n -ement
regulations adopted by a community for

flood-prone areaa 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 losaes. (ii) is an acceptable social
8nd economic use of the land in relation to the hazards involved, and (ili)
doe8 not increase the dsnger to human
life;

(2) Prohibit nonessential or improper
installation of public utilities and public facilities in flood-prone areas.
(b) Ih formulating c o m m m t y development goah after the occurrence of a
flood dissster, 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 flooddamaged structures;
(c) Ih formulating community devel- . .
opment goals and in adopting flood
plain management regulations, each
community shall consider a t least the
following-factors(1)Human safety;
(2) Diversion of development to areas
safe from floodtng in light of the need
to reduce flood damages and in light of
the need to prevent e n v i r o n m e n ~ y
incompatible flood plain use;
(3) Full disclosure tb all prospective
and interested parties (including but
not limited t o purchasere and renters)
that (i) certain structures are located
within flood-prone areas, (ii) vasiances
have been granted for certain structures located within flood-prone areas,
and (iii) premium rates applied to new
structures built a t elevations below the
base flood substantia,lly 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 &d emergency preparedness p-.,
(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,
orphaaages, p e w 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 t o

.

-.- .. ..-

Federal Emergex.

At

igement Agency

witbatand flood damage. s s d to facilitate emergency operatiom;
(9) Improvement of local drainsgd to
control Increased runoff that might inc m e the danger of flooding t o other
properties;
(10) Coordination of plane with neighboring community's flood plain management programs;
(11) The requirement that all new
coastruction and substa.ntlal improvements in are= subject to subsidt3nce be
elevated above the base flood level
epual to expected subsidence for a t
least a ten year period;
(12)For riverine areas, requiring subdividers to furnish delineations for
floodways before approving a subdiviaion;
(13) Prohibition of any alteration or
relocation of a watercourse, except a8
part of 8.n overall dratnage basin plan.
In the event of en overall drainage
basin plan, provide a t the flood carrying capacity within the altered or relocated portion of the watercourse is
maintained;
(14) Requirement of setbacks for new
constmction within Zones V1-30. VE.
and V on a community's FIRM;
(15) Requirement of a d d i t i o d elevation above the base flood level for all
new constmction and subst;antial improvementa within Zone8 A1-30, AE.
Vl-30, and VE on the communit~'s
FIRM t o protect egahst euch occurrences as wave wash and floating debris, to provide a n added margfn of
W e t y against floods having a magnitude greater tban the bsse flood, or
t o compensate for future urban development;
(16) Repuirement of consistency between state, regional and local ,cornprehensive plans and flood p1a.b
agement programs;
(17) Requirement of piling8 or colum;~srather than fill, for the elevation
of stmctures within flood-prone areas,
in order t o maintain the storage capacity of the flood plain and to minimize
the potential for negative impacts to
sensitive ecological areas;
(18) Prohibition, within any noodway
or coastal high hamrd twea, of plants
or facilities in which hazardou~substances are manufsctured
(19) Requirement that a plan for
evacuating residents of all ma.nuf&C-

t m d borne parks or ' subdivisions located within flood prone areas be developed and filed with and approved by
appropriate community emergency
management authorities.
141 FR 46915. Oct. 26, 1976. Re'designated at 44
FR 31177, May 31, 1979, and amended at 50 FR
36025. Sept. 4, 1985; 54 FR 40284. Sept. 29. 19891

0 80.23 Planning considerations for
mudslide
(ie, madflow)-prone

areas.
The planning process for comrnunities identifled under part 65 of this
subchapter as containing Zone M, or
which indicate in their applications for
flood insurance pursuant to 959.22 of
this subchapter that they have
mudslide (i-e., mudnow) aseas, should
include-(a) The existence and extent of the
hazard;
(b) The potential effects of inappropriate hillside aevelopment, including
(1) LOBS
of life and personal injuries.
and
(2) Public and private property
losses, costs, liabilities, and exposures
resulting from potential mudslide (i.e.,
mudnow) W d s ;
(c) The means of avoiding the hazard
including the (1) availability of land
which is not mudslide (1.0.. mudflow)prone and the feasibility of developing
such land instead of further encroaching upon mudslide (
mudflow)
areaa. (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 (I)establishment
by ordinance of site exploration, investigation, design. erading,construction,
filing, compacting, foundation, sewerage, dra4hage. sri3drainage. planting,
inspection and maintenance standard^
and requirements that pro-mote proper
land use, and (2) provision for proper
drainage and subdrainage on public
property and the location of public
utilities and senice f8cUties. such aa
sewer, water, gss and electrical systems and streeta In a manner designed
to minimize exposure to mudslide (i.e.,
mudnow) W d g and prevent- their sggravation;

--

44 L -4 Cn. 1 (10-1-94 Edition)
(e) Coordination of land use. sewer,
and drainage regulations and brdinances with fire prevention. flood
pldn. mudslide (i-e., ,mudflow), soil,
land, and water regulation in neighboring communities;
(0 Planning subdivisions and other
developments in such a manner as t o
avoid exposure to mudslide (i.e., mudflow) hazazds and'the control of public
facility and utility extension to discourage inappropriate development;
( g ) Public faciUty 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
tr&onnere
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 evenb of
mudalide (i.e.. mudnow),
(2) Enactment of public meaaures and
initiation of private procedures to
limit danger and damage from continued or future mudslides (i.e.. mudflow).
(3) Fire prevention procedures in the
e gas or electrical
event of the ~ p t u r of
dlstrlbution s-terns by mudslldes,
(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 a l t e m t i v e vehicular access aad escape routes when normal routes are blocked or destroyed by
mudslides (i-e., mudflow);
(i) The m e w for assuring consistency between state, areawide, and local
comprehensive plm with the plane developed for mudslide (i-e., mudflow)
prone areas:
(j)Deterring the nonessentid instsllation of public utilities and public facilities in mudslide (i-e., mudnowt
prone areas.

9 60% Planning considerations for
flood-relatederosion-prone areas.
The planning process for communities identified under part. 65 of this
subchapter as containing Zone E or
whlch indicate in their applications for
flood insurance coverage pursuant to
559.22 of this subchapter that they have
flood-related erosion areaa should include-(a) m e importance of directing future developments to areas not exposed
to flood-related erosion;
(b) The possibility of reserving floodrelated erosion-prone areas for open
space purposes:
(c) The coordination of all planning
for the flood-related erosion-prone
areas with pla~mfnga t the State and '
Regfond levels, and with planning at
the level of neighboring communi.ties;
(d) Preventive action in E zones, including setbacks, shore protection
works, relocating structures i n 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.
duties, and responsibilitiea of State Coordinating
Agencies. . (a) States are encouraged to demonstrate a commitment to the mini860.25 Designation,

mum flood plain management criteria
set,forth in $060.3. 60.4, and 60.5 as evidenced by the designation of an agency
of State government ' t o be responsible
for coordinating the Program aspects
of flood plain management in the
State.
(b) State participation in furthering
the objestives of tHs part shall include
maintaining capability to perform the
appropriate duties and responsibilities
as follows:
(1) Enact. whenever necessary. legislation enabling counties and r n h c i palities 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

Federal ern erg en^,

5 60.26

ML.,ogement Agency

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 communitie3 in disserninatlng information on minimum elevation
requirements for development within
flood-prone areas;
(6) m i s t in the delineation of
riverine and coastal flood-pr one mas.
whenever possible, and provide all relevant technical information to the Administrator;
(7) Recommend priorities for Federal
flood plain management activities in
relation to the need6 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 l o d 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 standarb for the
prevention of pollution during period6
of flooding;
(10) Assure coordination and consistency of flood plain management activities with other State, areawide., and
local pla.nnfng snd enforcement agencies;
(11) Assist in the identification and
implementation of flood haxard mitigation recomrnendatione which are consistent with the minimum flood plain
management criteria for the Ptograrn;
(12) Participate in flood plain mmagement t d d n g opportunities and
other flood lumwd prewednem programs whenever practicable.
(c) Other duties and responsibilities,
which may be deemed appropriate by
the State and which are to be officially
designated as being conducted in the
c a p ~ ~ i tof
y the State Coordinating
Agency for the Program. may be carried out with prior notification of the
Admkistrstor.
(d) For States which have demomtrated a commitment to asd experi-

ence in application of the minimum
flood plain management criteria set
forth in 0560.3, 60.4, and 60.5 aa 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 bnplementing Program
activities affecting State communities;
(2) Considering State approval or certifications of local flood plain management regulations as meeting the requirementa of this part.
[51 FR 30309, Aug. 25, 19861

P 60.26 Load coordination
(a) Local flood plain, mudslide (i-e..
mudflow) and flood-related erosion
ares management. forecasting, emergency preparedness, and damage abatement program should be coordinated
with relevant Federal, State. and regional programs;
@) 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;
(c) A cornmuaity should notify adjacent communities prior t o substantial
commercial developments and large
subdivisions.to be undertaken in areas
having special flood, mudelide (i.e.,
mudflow) andfor fl ood-related erosion
hazards.

PART 61-INSURANCE COVERAGE
AND RATES
Sec.
61.1 Purpose of part.
61.2

Deflnltions.

61.3 Types of coverage.
61.4 Limitations on coverage.
61.5 Special terms and conditions.
61.6 MaxLmum amounts of coverage

avail-

able.
61.7 Risk premium rste detenninatione.
61.8 Applicabflity of rlsk premium rates.
61.9 Establishment of chargeable ratee.
61.10 Minimum premiums.

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Riennial Report 2005 - Welco e

Page 1 of 1

Natmnal F-lsodInsurance Program

Biennial Report 2005
Paye 1 of 4

Thank you for choosing to complete the FEMA Biennial Report online. This report should be completed by your
local floodplain administrator.
We appreciate your time and effort in completing the online form.
We recommend that you complete the paper application prior to starting the online form. Once you press the
"Submit" button at the end of your form, you cannot go back and edit your information. In addition, you will not
be able to use your PIN number again after you have submitted your community's form.
The time needed to complete the form is estimated at approximately 24 minutes. The system will log out after 4
hours of inactivity and all data will be lost if you haven't submitted within that time frame.
Please log in and complete this report within 45 days of its receipt, or fax the completed paper copy to 1-877NFIP-BR1 (1-877-634-7271).

Log in using the PIN number found on your community's form:

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