44 CFR Part 65

1660-0037
44 CFR Ch-1 Part 65
June 2007

Federal Emergency Management Agency

gram (42 U.S.C. 40014128) is authorized
for the communities set forth under
this section. Previous listings under
this part continue in effect until revised.

a FHBM or FIRM. but all or a portion
of that community has been acquired
by another community, or becomes autonomous, that map shall remain in effect until i t is superseded by the Administrator, whether by repbblication
as part of the map of the acquiring
community, or otherwke.
(e) When a community described in
paragraph (a), (b), (c), or (d) of this section has flood elevations in effect, no
new appeal period under parts 66. 67.
and 68 of this subchapter will begin except as new scientific and technical
data are available.

[41FR 46986, Oct. 25. 19761
EDITORIAL NOTE: For references to FR
me0 showing lists of eligible ~0nImunlti0S.
Affected apsee the 'Ist
Of CFR
in the Finding Aids section of this

t:yrn2.

PART IDENTIFICATION AND
MAPPING OF SPECIAL HAZARD
AREAS

[I1 FR 46988, Oct. 26. 1976. Redeslgnated a t 44
FR 31177. May 31. 1979, as amended a t 48 FR
44552, Sept. a.19U: 49 FR 4751, Feb I. 19841

*Lationehip
deslgnabo~.

565.1

iy

Of

(a) In order to expedite a cornmunity's qualification for flood insurance
under the emergency program, the Administrator may authorize the sale of
insurance without designating
any Zones A. M. or E within a commud t y , provided the community has P R viously adopted flood plan management ?er
meeting the requirements o S60.3(a). §60.4(a) or §60.5(a) of
this subchapter. When the Administrator has obtained sufficient
technical
to
Zones
A' M'
Or
the tentative boundaries on a FHBM.
(b) Upon the effective date of the
FIRM, flood insurance will continue to
be available throughout the entire
community a t chargeable rates (i.e.,
subsidized) for first layer coverage of
existing structures, but will be only
at risk premium rates for
new construction and substantial impmvements. Upon the effective date of
a
second layer 'Overage is
at risk premium rates for
structures.
(c) Detailed insurance information
may be obtained from the servicing
companies. See part 62 of this subchapter.
141 FR 46986. ~ c t 26.
. 1976. Redesignated a t 44
FR 31177. May 31. 1979. a9 amended a t 48 FR
44552. Sept. 29. 1983; 49 FR 4751. Feb. 8. 19841

5 64.6 List of eligible communities.
The sale of flood insurance pursuant
to the National Flood Insurance Pro-

of pul.

i:
~~~~~~t
:
data.

to Subm1t nm @ h K a l

65.4 Rlght to submit new technical data.
65.5 Revision to spedal flood hazard area
boundaries with no change to base flood
elevation determinations.
65.6 Revislon of base flood elevation determlnations.
65.7 Floodwayrwlsiom.
65.8 Review of pmposed projects.
65.9 Review and r e ~ p o ~bye the Adminlstrator.
65.10 Mapping of areas protected by levee
systems.

65-11cog$fl"2,"'7aredas-

In
65.12 Revlslon of flood insurance rate maps
to reflect base flood elevations caused by
pmposed encroachments.
65.13 Mapping and map revisions for areas
subject to allwlal fan flooding.
65.14 Remapping of areas for whlch local
flood protection s y s t e m no longer provide base flood protection.
65.15 List of communities submitting new
technical data.
65-16 Standmd Flood Hazard Det-ination
Form and Instructions.
sss.17 Review of determinations,

A-ORITy:
42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978. 43 FR 41943, 3
CFR. 1978 Comp.. p. 329: E.O. 12127 of Mar.31.
1979.44 FR 19367.3 CFR. 1979 Comp., p. 376.

166.1 Pcupoeeof par+
42 U.S.C. 4104 authorizes the Director

to identify and publish information
with respect to all areas within the
United States having special flood.
mudslide (i.e., mudflow) and flood-related erosion hazards. The purpose of
comthis part is to outline the s<-a
munity needs to take in order to assist

331

44 CFR Ch. 1 (10-1-99 E d b )
the Agency's effort in providing up-todate identification and publication, in
the form of the maps described in part
64, on special flood, mudslide (i.e.,
mudflow) and flood-related erosion haz-

Right to submit new technical
data
(a) A community has a right to request changes to any of the information shown on an effective map that
ards.
does not impact flood plain or floodway
delineations or base flood elevations.
I48 FR 28278,June 21. 19831
such as community boundary changes.
labeling, or planimetric details. Such a
submission shall include appropriate
(a) Except as otherwise provided in supporting documentation in accordthis part, the definitions set forth in ance with this part and may be subpart 59 of this subchapter are applica- mitted a t any time.
ble to this part.
(b) All requests for changes t o effec(b) For the purpose of this part, a tive maps, other than those initiated
certification by a registered profes- by FEMA, must be made in writing by
sional engineer or other party does not the Chief Executive Officer of the comconstitute a warranty o i e a n t e e of munity (CEO) or an official designated
performance, expressed or im~lied.Cer- by the CEO. Should the CEO refuse t o
bfication of &k is a s t a t e k n t that submit such a request on behalf of anthe data is accurate to the best of the other party,FEMA will agree t o review
certifier's knowledge. Certfflcation of i t only if written evidence is provided
analyses is a statement that the anal- indicating the CEO or designee has
reauested to do so.
yses have been performed correctly and been
(c) ~ 4 u e s t sfor changes to effective
in accordance with sound engineering Flood Insurance Rate M a ~ s@IRMsl
practices. Certification of structural and Flood Boundary and ~ioodway
works is a statement that the works Maps (FBFMs) are subject to the cost
are designed in accordance with sound recovery procedures described in 44
engineering practices to provide pro- CFR part 72. As indicated in part 72. retection from the base flood. Certifi- d?iions requested to correct mappmg
cation of "as built" conditions is a errors or errors in the Flood Insurance
statement that the structure(s) has Study analysis are not to be subject to
been built according to the plans being the cost-recovery procedures.
certified, is in place, and is fully func- 151 FR 30313, Aug. 25. lW6, as amended a t 57
tioning.
FR 29038, June 30. 1992; 61 FR 46331. Aug. 30.
151 FR 30313. Aug. 25.1086]

066.3 Requirement to aubmit new
technical data.
A community's base flood elevations

may increase or decrease resulting
from physical changes affecting flooding conditions. As soon as practicable,
but not later than six months after the
date such information becomes available, a community shall notffy the Administrator of the changes by submitting technical or scientific &ta in accordance with this part. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and flood plain management requirements will be based upon
current data.
151 FR 30313. Aug. 25. 19861

066.4

1996:62 FR 5736. Feb. 8. 19971
EDITORIAL NOTE: For references t o FR
pages showing lists of eligible communities.
see the List of CFR Section, Affected appearing in the Finding Aids section of this
volume.

066.5 Revision to special flood haanrd
area boundaries with no change to
baee flood elevation determina-

tions.

(a) Data requlremts for tojwgmmc
changes. In many areas of special flood

hazard (excluding V zones and
floodways) i t may be feasible to elevate
areas with earth fill above the base
flood elevation. Scientific and technical information to support a request
to gain exclusion from an area of special flood hazard of a structure or parcel of land that has been elevated by
the placement of fill shall include the
following:

Federal Emergency Management Agency
(1) A copy of the recorded deed indicating the legal description of the
property and the omcial recordation
information (deed book volume and
page number)' and bearing the seal of
recordation official
the ap~rupriate
-(e.g., ~ o u b tClerk
~
or Recorder of
Deeds).
(2) If the property is recorded on a
plat map, a copy of the recorded plat
indicating both the location of the
property and the official recordation
information M a t book volume and
page number)-and bearing the seal of
te
omcial. If
the a o ~ m ~ r i arecordation
the e
p
k
t
y
is not recorded on a plat
map, copies of the tax map or other
suitable maps are required to aid
FEMA in accurately locating the prop
a h .
b
.,

z
..

(3) If a legally defined parcel of land
is involved, a topographic map indicating present ground elevations and
date of fill. FEMA's determination as
to whether a legally defined parcel of
land is to be excluded From the area of
special flood hazard shall be based upon
a comparison of the ground elevations
of the parcel with the elevations of the
base flood. If the ground elevations of
the entire legally defined parcel of land
are a t or above the elevations of the
base flood, the parcel may be excluded
From the area of special flood hazard.
(4) If a structure is involved, a topographic map indicating structure location and ground elevations including
the elevations of the lowest floor (including basement) and the lowest adjacent grade to the structure. FEMA's
determination as to whether a structure is to be excluded from the area of
special flood hazard shall be based upon
a comparison of the elevation of the
lowest floor (including basement) and
the elevation of the lowest adjacent
grade with the elevation of the base
flood. If the entire structure and the
lowest adjacent grade are a t or above
the elevation of the base flood. the
structure may be excluded from the
area of special flood hazard.
(5) Data to substantiate the base
flood elevation. If FEMA has w m pleted a Flood Insurance Study (FIS).
that data will be used to substantiate
the base flood. Otherwise, data provided by an authoritative source, such
as the U.S. Army Corps of Engineers.

8 65.5

U.S. Geological S w e y , U.S. Soil Conservation Service, state and local
water resource departments, or technical data prepared and certified by a
registered professional engineer may
be submitted. If base flood elevations
have not previously been established.
hydraulic calculations may also be requested.
(6) Where Fill has been placed to raise
the ground surface to or above the base
flood elevation and the request to gain
exclusion from an area of special flood
hazard includes more than a single
structure or a single lot, i t must be
demonstrated that fill will not settle
below the elevation of the base flood,
and that the fill is adequately protected from the forces of erosion.
scour, or differential settlement as described below:
(i) Fill must be compacted to 95 percent of the maximum density obtainable with the Standard Prodor Test
method issued by the American Society for Testing and Materials (ASTM
Standard D-698). This requirement a p
plies to Fill pads prepared for residential or commercial structure foundations and does not apply to filled areas
intended for other uses.
(ii) Fill slopes for granular materials
are not steeper than one vertical on
one-and-one-half horizontal unless substantiating data justifying steeper
slopes is submitted.
(iii) Adequate protection is provided
fill slopes exposed to flood waters with
expected velocities during the occurrence of the base flood of flve feet per
second or less by covering them with
grass, vines, weeds, or similar vegetation undergrowth.
(iv) Adequate protection is provided
Fill slopes exposed to flood waters with
velocities during the occurrence of the
base flood of greater than Five feet per
second by armoring them with stone or
rock slope protection.
(7) A revision of flood plain delineations based on Fill must demonstrate
that any such flll has not resulted in a
floodway encroachment.
(b) New topographic dam. The procedures described in paragraphs (a) (1)
through (5) of this section may be also
followed to request a map revision

44 CFR Ch. 1 (1 0-1-99 Edfflon)
when no physical changes have occurred in the area of special flood hazard, when no fill has been placed, and
when the natural ground elevations, as
evidenced by new topographic maps.
more detailed or more accurate than
those used to prepare the map to be revised, are shown to be above the elevation of the base flood.
cation nquhments. The
(c)
items required in paragraphs (a) (3) and
(4) and (b) of this section shall be certified by a registered professional engineer or licensed land surveyor. Items
required in paragraph (a)(6) of this section shall be certMed by the community's NFIP permit official, a registered professional engineer, or an accredited soils engineer. Such certifications are subject to the provisions of
f 65.2 of this subchapter.
(a) Suhhdon pmmiure~.All requests
shall be submitted to the FEMA Regional Omce servicing the community's geographic area or to the FEMA
Headquarters Omce in Washington.
DC, and shall be accompanied by the
appropriate payment, in accordance
with 44 CFR part 72.
151 FR 30313, Aug. 25. 1986; as amended at 81
FR 46331. Aug. 30. 1996: 62 FR 5736. Feb. 6.
199'11

0 66.8 Revieion of b ~ e eflood elevation

determinatione.
(a) General conditions and data requhments. (1) The supporting data must include all the information FEMA needs
to review and evaluate the request.
This may involve the requestor's performing new hydrologic and hydraulic
analysis and delineation of new flood
plain boundaries and floodways. as necessary(2) To avoid discontinuities between
the revised and unrevised flood data,
the necessary hydrologic and hydraulic
analyses submitted by the map revision requestor must be extensive
enough t o ensure that a logical transition can be shown between the revised
flood elevations, flood plain boundaries. and floodways and those developed previously for areas not affected
by the revision. Unless it is demonstrated that i t would not be appropriate, the revised and unrevised base
flood elevations must match within

one-half foot where such transitions
occur.
(3) Revisions cannot be made based
on the effects of proposed projects or
future conditions. Section 65.8 of this
subchapter contains provisions for o b
taining conditional approval of proposed projects that may effect map
changes when they are completed.
(4) The datum and date of releveling
of benchmarks. if any, to which the
elevations are referenced must be indicated.
(5) Maps will not be revised when &charges change as a result of the use of
an alternative methodology or data for
computing flood discharges unless the
change is statistically significant as
measured by a confidence limits analysis of the new discharge estimates.
(6) Any computer program used to
perform hydrologic or hydraulic analyses in support of a flood insurance
map revision must meet all of the following criteria:
(i) I t must have been reviewed and
accepted by a governmental agency responsible for the implementation of
program for flood control andlor the
regulation of flood plain lands. For
computer programs adopted by nonFederal agencies, certification by a responsible agency omcial must be provided which states that the program
has been reviewed, tested. and accepted
by that agency for purposes of design
of flood control structures or flood
plain land use regulation.
(ii) I t must be well-documented including source codes and user's manuals.
(iii) I t must be available to FEMA
and all present and future parties impacted by flood insurance mapping developed or amended through the use of
the program. For programs not generally available from a Federal agency.
the source code and user's manuals
must be sent to FEMA free of charge.
with fully-documented permission from
the owner that FEMA may release the
code and user's manuals to such impacted parties.
(7) A revised hydrologic analysis for
flooding sou~ceswith established base
flood elevations must include evaluation of the same recurrence interval(s)
studied in the effective FIS, such as

Federal Emergency Management Agency
the lo-, 50-, loo-, and 500-year flood discharges.
(8) A revised hydraulic analysis for a
flooding source with established base
flood elevations must include evaluation of the same recurrence interval(s)
studied in the effective FIS. such as
the lo-, 50-, 100-, and 500-year flood elevations, and of the floodway. Unless
the basis of the request is the use of an
alternative hydraulic methodology or
the requestor can demonstrate that the
data of the original hydraulic computer model is unavailable or its use is
inappropriate, the analysis shall be
made using the same hydraulic computer model used to develop the base
flood elevations shown on the effective
Flood Insurance Rate Map and updated
to show present conditions in the flood
plain. Copies of the input and output
data from the original and revised hydraulic analyses shall be subrdtted.
(9) A hydrologic or hydraulic analysis
for a flooding source without established base flood elevations may be
performed for only the 100-year flood.
(10) A revision of flood plain delineations based on topographic changes
must demonstrate that any topographic changes have not resulted in a
floodway encroachment.
(11) Delineations of flood plain
boundaries for a flooding source with
established base flood elwations must
provide both the 100- and 500-year flood
plain boundaries. For flooding sources
without established base flood elevations, only 100-year flood plain
boundaries need be submitted. These
boundaries should be shown on a topographic map of suitable scale and contour interval.
(12) If a community or other party
seeks recognition from FEMA, on its
FHBM or FIRM,that an altered or relocated portion of a watercourse provides protection from, or mitigates potential hazards of. the base flood, the
Administrator may request specific
documentation fmm the community
certifying that, and describing how,
the provisions of 560.3(b)(7) of this subchapter will be met for the particular
watercourse involved. This docurnentation. which may be in the form of a
written statement from the Community Chief Executive Officer. an ordinance, or other legislative action, shall

5 65.6

describe the nature of the maintenance
activities to be performed. the frequency with which they will be performed, and the title of the local community omcial who will be responsible
for assuring that the maintenance activities are accomplished.
(13) Notwithstanding any other provisions of 565.6, a community may submit, in lieu of the documentation specified in 565.6(a)(12), certification by a
registered professional engineer that
the project has been designed to retain
its flood carrying capacity without
periodic maintenance.
(b) Data requirements for correcting
map e m . To correct errors in the
original flood analysis, technical data
submissions shall include the following:
(1) Data identifying mathematical errors.
(2) Data identiwng measurement errors and providing correct measurements.
(c) Data requirements for changed
physcal condtfons. Revisions based on
the effects of physical changes that
have occurred in the flood plain shall
include:
(1) Changes affeEclng hydmlogic mndltlons. The following data must be submitted:
(i) General description of the changes
(e-g., dam, diversion channel, or detention basin).
(ii) Construction plans for as-built
conditions, if applicable.
(iii) New hydrologic analysis accounting for the effects of the changes.
(iv) New hydraulic analysis and profiles using the new flood discharge values resulting from the hydrologic analysis.
(v) Revised delineations of the flood
plain boundaries and floodway.
(2) Changes afXectlng hydraulic condt
f
m The following data shall be submitted:
(i) General description of the changes
(e.g., channelization or new bridge, culvert, or levee).
(ii) Construction plans for as-built
conditions.
(iii) New hydraulic analysis and flood
elevation profiles accounting for the
effects of -the changes and k i n g the
original flood discharge values upon
which the original map is based.

44 CFR Ch. I (10-1-99 Edmon)
(iv) Revised delineations of the flaod
plain boundaries and floodway.
(3) Changes inyolving topographic conditions. The following data shall be submitted:
(i) General description of the changes
(e.g., grading or filling).
(ii) New topographic information.
such as spot elevations, cross sections
grading plans, or contour maps.
(iii) Revised delineations of the flood
plain boundaries and, if necessary.
floodway.
(a) Data requirements far incoqwrathg
tmpmved data. Requests for revisions
based on the use of improved hydrologic. hydraulic, or topographic data
shall include the following &ta:
(1) Data that are believed to be better
than those used in the original analysis
(such as additional years of stream
ga e data).
Documentation of the source of
the data.
(3) Explanation as to why the use of
the new data will improve the results
of the origlnal analysis.
(4) Revised hydrologic analysis where
hydrologic data are being incorporated.
(5) Revised hydraulic analysis and
flood elevation profiles where new hydrologic or hydraulic data are being incorporated.
(6) Revised delineations of the flood
plain boundaries and floodway where
new hydrologic, hydraulic, or topographic &ta are being incorporated.
(e) Data q u h m e n t s far incarparating
h p v e d methods. Requests for revisions based on the use of improved hydrologic or hydraulic methodology
shall include the following data:
(1) New hydrologic analysis when an
alternative hydrologic methodology is
being proposed.
(2) New hydraulic analysis and flood
elevation profiles when an alternative
hyrologic or hydraulic methodology is
being proposed.
(3) Explanation as to why the alternative methodologies are superior to
the original methodologies.
(4) Revised delineations of the flood
plain boundaries and floodway based on
the new analysis(-) .
(f) C d c a t f o nrequirements. All analysis and data submitted by the requester shall be certified by a registered professional engineer or li-

8)

censed land surveyor, as appropriate,
subject to the definition of "certification" given a t 565.2 of this subchapter.
(g) Submission prucedures. All requests
shall be submitted to the FEMA Regional OfTice servicing the community's geographic area or to the FEMA
Headquarters Ofnce in Washington,
DC. and shall be accompanied by the
appropriate payment. in accordance
with 44 CFR part 72.
151 FR 30314. Aug. 25. 1986. as amended at 53
FR 16279. May 6. 1988; 54 FR 33550, Aug. 15.
1989: 61 FR 46331. Aug. 30, 1996: 62 FR 5736,
Feb.6. 19971

(a) General. Floodway data is developed as part of FEMA Flood Insurance
Studies and is utilized by communities
to select and adopt floodways as part of
the flood plain management program
required by 560.3 of this subchapter.
When i t has been determined by a community that no practicable alternatives exist to revising the boundaries
of its previously adopted floodway, the
procedures below shall be foplowed.
(b) Data muimnents when base flood
e&&tion &ges. are requested. When a
floodwav revision is muested in 8ssociation -with a change t6 base flood elevations. the data requirements of 565.6
shall also be applicable. In addition.
the following documentation shall be
submitted:
(1) Copy of a public notice distributed
by the community stating the community's intent to revise the floodway or
a statement by the community that i t
has notified all affected property owners and affected adjacent jurisdictions.
(2) Copy of a letter notifying the appropriate State agency of the floodway
revision when the State has jurisdiction over the floodway or its adoption
by communities participating in the
NFIP.
(3) Documentation of the approval of
the revised floodway by the appropriate State agency (for communities
where the State has jurisdiction over
the floodway or its adoption by communities participating in the NFIP).
(4) Engineering analysis for the revised floodway, as described below:

Federal Emergency Management Agency
(i) The floodway analysis must be
performed using the hydraulic computer model used to determine the proposed base flood elevations.
(ii) The floodway limits must be set
so that neither the effective base flood
elevations nor the proposed base flood
elevations if less than the effective
base flood elevations, are increased by
more than the amount specified under
560.3 (d)(2). Copid of the input and output data from the original and modified computer models must be submitted.
(5) Delineation of the revised
floodway on the same topographic map
used for the delineation of the revised
flood boundaries.
(c) Data requlremen& far changes not
d a t e d with base flood elevation
changes. The following data shall be
submitted:
(1) Items described in paragraphs (b)
(1) through (3) of this section must be
submitted.
(2) Engineering analysis for the revised floodway, as described below:
(i) The original hydraulic computer
model used to develop the established
base flood elevations must be modified
to include all encroachments that have
occurred in the flood plain since the existing floodway was developed. If the
original hydraulic computer model is
not available, an alternate hydraulic
computer model may be used provided
the alternate model has been calibrated so as t o reproduce the original
water surface profile of the original hydraulic computer model. The alternate
model must be then modified to include all encroachments that have occurred since the existing floodway was
developed.
(ii) The floodway analysis must be
performed with the modified computer
model using the desired floodway limits.
(iii) The floodway limits must be set
so that combined effects of the past encroachments and the new floodway
limits do not increase the effective
base flood elevations by more than the
amount specified in 560.3(d)(2). Copies
of the input and output data from the
original and modified computer models
must be submitted.
(3) Delineation of the revised
floodway on a copy of the effective

9 65.9

NFIP map and a suitable topographic
-P(d) CerhVcatfanrequirements. All analyses submitted shall be certified by a
registered professional engineer. All
topographic data shall be certified by a
registered professional engineer or licensed land surveyor. Certifications
are subject to the definition given a t
565.2 of this subchapter.
(e) Submhsion procedures.All requests
that involve changes to floodways shall
be submitted to the appropriate F E W
Regional OMce servicing the wmmunity's geographic area.
[5l FR 30315. Aug. 25. 19861
A community, or an individual
through the community, may request
FEW'S comments on whether a proposed project, if built as proposed.
would Justify a map revision. FEMA's
comments will be issued in the form of
a letter, termed a Conditional Letter of
Map Revision, in accordance with 44
CFR part 72. The data required to support such requests are the same as
those required for flnal revisions under
$65.5.65.6, and 65.7, except as-built certification is not required. All such requests shall be submitted t o the FEMA
Headquarters Office in Washington,
M=, and shall be accompanied by the
appropriate payment, in accordance
with 44 CFR part 72.
[62 FR 5736. Feb. 6,1997)
0659 M e w and reapowe by the Ad-

ministrator.
If any questions or problems arise
durlng review, F E W will consult the
Chief Executive Officer of the cornmunity (CEO), the community official designated by the CEO, andlor the requester for resolution. Upon receipt of
a revision request. the Administrator
shall mail an acknowledgment of receipt of such request to the CEO. Within 90 days of receiving the request with
all necessary information, the Administrator shall notify the CEO of one or
more of the following:
(a) The effective map(s) shall not be
modified;
(b) The base flood elevations on the
effective FIRM shall be modified and

44 CFR Ch. 1 (10-1-99 EdMlon)
new base flood elevations shall be established under the provisions of part
67 of this subchapter;
(c) The changes requested are approved and the map(s) amended by Letter of Map Revision (LOMR);
(d) The changes requested are approved and a revised map(s) will be
printed and distributed:
(e) The changes requested are not of
such a significant nature as to warrant
a reissuance or revision of the flood insurance study or maps and will be deferred until such time as a significant
change occurs;
(f) An additional DO days is required
to evaluate the scientific or technical
data submitted; or
(g) Additional data are required to
support the revision request.
(h) The required payment has not
been submitted in accordance with 44
CFR part 72, no review will be cow
ducted and no determination will be
issued until payment is received.
[5l PR 30315. Aug. 25, 1986: 61 FR 46331. Aug.
30. 1998. as amended at 62 FR 5736. Feb. 6.
19971

085.10 Mapping of arean protected by

levea rryettuna
(a) General. For purposes of the NFIP.
F E W will only recognize in its flood
hazard and risk mapping effort those
levee systems that meet, and continue
to meet, minimum design, operation,
and maintenance standards that are
consistent with the level of protection
sought through the comprehensive
flood plain mana ement criteria established by 160.3 o
! this subchapte~.Accordingly, this section describes the
types of information FEMA needs to
recognize. on NFIP maps, that a levee
system provides protection from the
base flood. This information must be
supplied to F E W by the community
or other party seeking recognition of
such a levee system a t the time a flood
risk study or restudy is conducted,
when a map revision under the provisions of part 65 of this subchapter is
sought based on a levee system, and
upon request by the Administrator during the review of previously recognized
structures. The F E W review will be
for the sole purpose of establishing appropriate risk zone determinations for
NFIP maps and shall not constitute a

determination by F E W as to how a
structure or system will perform in a
flood event.
(b) Design alterla. For levees to be
recognfied by FEMA. evidence that
adequate design and operation and
maintenance systems are in place to
provide reasonable assurance that protection from the base flood exists must
be provided. The following requirements must be met:
(1) Frreboatd.((iRiverine levees must
provide a minimum freeboard of three
feet above the water-surface level of
the base flood. An additional one foot
above the minimum is required within
100 feet in either side of structures
(such as bridges) riverward of the levee
or wherever the flow is constricted. An
additional one-half foot above the minimum a t the upstream end of the levee,
tapering to not less than the minimum
a t the downstream end of the levee, is
also required.
(ii) &casionally, exceptions to the
minimum riverine freeboard reauirement described in paragraph (b)(lj(i) of
this section, may be approved Appropriate engineering analyses demonstrating adequate protection with a
lesser freeboard must be submitted to
support a request for such an exception. The material presented must
evaluate the uncertainty in the estimated base flood elevation profile and
include, but not necessarily be limited
to an assessment of statistical confidence limits of the 100-year discharge;
changes in stage-discharge relations,
and
ships; and the s o u ~ ~ epotential,
magnitude of debris, sediment, and ice
accumulation. I t must be also shown
that the levee will remaln structurally
stable during the base flood when such
additional loading considerations are
imposed. Under no circumstances will
freeboard of less than two feet be accepted.
(iii) For coastal levees, the freeboard
must be established a t one foot abwe
the height of the one percent wave or
the maximum wave m u p (whichever
is greater) associated with the 100-year
stillwater surge elevation a t the site.
(iv) Occasionally, exceptions to the
minimum coastal levee freeboard requirement described in paragraph

Federal Emergency Management Agency
(b)(l)(iii) of this section, may be approved. Appropriate engineering analyses demonstrating adequate protection with a lesser freeboard must be
submitted to support a request for such
an exception. The material presented
must evaluate the uncertainty in the
estimated base flood loading conditions. Particular emphasis must be
placed on the effects of wave attack
and overtopping on the stability of the
levee. Under no circumstances, however, will a freeboard of less than two
feet above the 100-year stillwater surge
elevation be accepted.
All openings must be pro(2) ClosuresUreS
vided with closure devices that are
structural parts of the system during
omration and desien accordinn to
&und engineering pr&ice.
(3) h b a n h e n t mtectfon. Ening-analyses musf be submittea that
demonstrate that no appreciable erosion of the levee embankment can be
expected during the base flood, as a result of either currents or waves, and
that anticipated erosion will not result
in failure of the levee embankment or
foundation directly or indirectly
through reduction of the seepage path
and subsequent instability. The factors
to be addressed in such analyses iw
clude, but are not limited to: Expected
flow velocities (especially in constricted areas); expected wind and wave
action; ice loading; impact of deb*
slope protection techniques: duration
of flooding a t various stages and velocities: embankment and foundation
materials: levee alignment, bends. and
transitions; and levee side slopes.
(4) Embankment and foundation st%bill@. Engineering analyses that evaluate levee embankment stability must
be submitted. The analyses provided
shall evaluate expected seepage during
loading conditions associated with the
base flood and shall demonstrate that
seepage into or through the levee foundation and embankment will not jeopardize embankment or foundation stability. An alternative analysis demonstrating that the levee is designed
and constructed for stability against
loading conditions for Case IV as defined in the U.S. Army Corps of Engineers (COE) manual. "Design and Construction of Levees" (EM 1110-2-1913,
Chapter 6, Section 11). may be used.

-

965.10

The factors that shall be addressed in
the analyses include: Depth of flooding,
duration of flooding, embankment geometry and length of seepage path a t
crltical locations, embankment and
foundation materials, embankment
compaction. penetrations, other design
factors affecting seepage (such as
drainage layers), and other design fact o n affecting embankment and foundation stability (such as berms).
(5) Settlement. Engineering analyses
must be submitted that assess the potential and magnitude of future losses
of freeboard as a result of levee settlement and demonstrate that freeboard
will be maintained within the minimum standards set forth in paragraph
(blill of this section. This analvsis
&t address embankment loads, &m~ressibilitvof embankment soils. combressibili6 of foundation soils, age of
the levee system, and construction
compaction methods. In addition, detailed settlement analysis using procedures such as those described in the
COE manual,- "Soil Mechanics DesignSettlement Analysis" (EM 1100-2-1904)
must be submitted.
(6) Interior ahinage. An analysls must
be submitted that identifies the
source(s) of such flooding, the extent of
the flooded area. and, if the average
depth is greater than one foot, the
water-surface elevation(s) of the base
flood. This analysis must be based on
the joint probability of interior and exterior flooding and the capacity of facilities (such as drainage lines and
pumps) for evacuating interior floodwaters.
(7) Other design criteria. In unique situations, such as those where the levee
system has relatively high vulnerability. FEMA may require that other
design criteria and analyses be submitted to show that the levees provide
adequate protection. In such situations, sound engineering practice will
be the standard on which FEMA will
base its determinations. FEMA will
also provide the rationale for requiring
this additional information.
(c) Operation plans and criteria. For a
levee system to be recognized, the
operational criteria must be as described below. All closure devices or
mechanical systems for internal drainage. whether manual or automatic,

565.10

44 CFR Ch. 1 (10-1-99 Edllion)

must be operated in accordance with tions for testing and training purposes.
an officially adopted operation manual, No more than one year shall elapse bea copy of which must be provided to tween either the Inspections or the opFEMA by the operator when levee or erations.
drainage system recognition is being
(3) Other operation plans and ulterla.
sought or when the manual for a pre- Other operating plans and criteria may
viously recognized system is revised in be required by FEMA to ensure that
any manner. All operations must be adequate protection is provided in speunder the jurisdiction of a Federal or cific situations. In such cases, sound
State agency, an agency created by emergency management practice will
Federal or State law, or an agency of a be the standard upon which FEMA decommunity participating in the NFIP. telYXli~ti0nswill be based.
(1) Closures. Operation plans for clo(d) hh.fnt~arI~e
pIam and nlterla. For
sures must include the following:
levee systems t o be recognized as pro(i) Documentation of the flood warn- viding protection from the base flood,
ing system, under the jurisdiction of the maintenance criteria must be as
Federal. State, or community omcials. described herein. Levee systems must
that will be used to trigger emergency be maintained in accordance with an
operation activities and demonstration officially adopted maintenance plan,
that sufficient flood warning time ex- and a copy of this plan must be proists for the completed operation of all vided to FEMA by the owner of the
closure structures, including necessary levee system when recognition is being
sealing, before floodwaters reach the sought or when the plan for a prebase of the closure.
viously recognized system is revised in
(ii) A formal plan of operation in- any manner. All maintenance activicluding specific actions and assign- ties must be under the jurisdiction of a
ments of responsibility by individual Federal or State agency, an agency
name or title.
created by Federal or State law, or an
(iii) Provisions for periodic oper- agency of a community partidpating
ation, a t not less than one-year inter- in the NFIP that must assume ultivals, of the closure structure for test- mate responsibility for maintenance.
ing and training purposes.
This plan must document the formal
(2) Interlor &ahage systems. Interior procedure that ensures that the stadrainage systems associated wlth levee bility, height, and overall integrity of
systems usually include storage areas. the levee and its associated structures
gravity outlets, pumping stations. or a and systems are maintained. At a mincombination thereof. These drainage imum, maintenance plans shall specify
systems will be recognized by FEMA on the maintenance activities to be perNFIP maps for flood protection pur- formed, the frequency of their performposes only if the following minimum ance, and the person by name or title
criteria are included in the operation resoonsible for their oerformance.
plan:
(lC)
M c a t i o n &uhme.nts.
Data
(i) Documentation of the flood warn- submitted to support that a given levee
ing system, under the jurisdiction of system complies with the structural
Federal, State, or community officials. requirements set forth in paragraphs
that will be used to trigger emergency (b)(l) through C7) of this section must
operation activities and demonstration be certified by a registered professional
that sufficient flood warning time ex- engineer. Also, certified as-built plans
ists to permit activation of mechanized of the levee must be submitted. Certifiportions of the drainage system.
cations are subject t o the definition
(ii) A formal plan of operation in- given a t 565.2 of this subchapter. In
cluding specific actions and assign- lieu of these structural requirements, a
ments of responsibility by individual Federal agency with responsibility for
name or title.
levee design may certify that the levee
(iii) Provision for manual backup for has been adequately designed and conthe activation of automatic systems.
structed to provide protection against
(iv) Provisions for periodic inspection the base flood.
of interior drainage systems and periodic operation of any mechanized por- 151 FR 30316. Aug. 25, 1986)

Federal Emergency Management Agency

Q65.13

066.11 Evaluation of eand dunes in from fees as specifled by 572.5 of this
mapping coastal flood hazard Preaa subchapter, whichever is appropriate;
(2) An evaluation of alternatives
(a) General conditflorzr.For purposes of
the NFIP, FEMA will consider storrn- which would not result in a base flood
induced dune erosion potential in its elevation increase above that perdetermination of coastal flood hazards mitted under paragraphs (c)(10) or
and risk mapping efforts. The criterion (d)(3) of 560.3 of this subchapter demto be used in the evaluation of dune onstrating why these alternatives are
erosion will apply to primary frontaI not feasible:
(3) Documentation of individual legal
dunes as defined in 559.1, but does not
apply to artificially designed and con- notice to all impacted property owners
structed dunes that are not well-estab- within and outside of the community,
lished with long-standing vegetative explaining the impact of the proposed
cover, such as the placement of sand action on their property.
(4) Concurrence of the Chief Execumaterials in a dune-like formation.
(b) Evaluation u i M ~Primary
.
fron- tive Officer of any other communities
tal dunes will not be considered as ef- impacted by the proposed actions:
(5) Certification that no structures
fective barriers to base flood storm
surges and associated wave action are located in areas which would be imwhere the cross-sectional area of the pacted by the increased base flood eleprimary frontal dune, as measured per- vation:
(6) A request for revision of base
pendicular to the shoreline and above
the 100-year stillwater flood elevation flood elevation determination accordand seaward of the dune crest, is equal ing to the provisions of 565.6 of .this
to, or less than,540 square feet.
part;
(7) A request for floodway revision in
(c) Exceptfm. Exceptions to the evaluation criterion may be m t e d where accordance with the provisions of 5 65.7
i t can be d e m o k a t e d - through au- of this part;
(b) Upon receipt of the Administrathoritative historical documentation
that the primary frontal dunes a t a tor's conditional approval of map
specific site withstood previous base change and prior to approving the proflood storm surges and associated wave posed encroachments, a community
shall provide evidence to the Adminisaction.
trator of the adoption of flood plain
153 FR 16279. May 6. 19881
management o r d i k c e s incorporHting
the increased base flood elevations and/
s m i a &vieion of nood
rate maps to reflect bese flood ele- or revised floodway reflecting the postvations caused by propored en- project condition.
(c) Umn com~letionof the ~ r o ~ o s e d
croechmentn
(a) When a community proposes to enckaShments,- a communib shall
permit encroachments upon the flood provide as-built certifications in acplain when a regulatory floodway has cordance with the provisions of 565.3 of
not been adopted or to permit en- this part. The Administrator will inicroachments upon an adopted regu- tiate a final map revision upon receipt
latory floodway which will cause base of such certifications in accordance
flood elevation increases in excess of with part 67 of this subchapter.
those permitted under paragraphs (53 FR 16279. May 6. 19881
(c)(lO) or (d)(3) of 560.3 of this subchapter, the community shall apply to 886.13 M a ing and map revisions for
aream 3 j - t to allwial an floodthe Administrator for conditional aping.
proval of such action prior to permitting the encroachments to occur and
This section describes the procedures
shall submit the following as part of its to be followed and the types of inforapplication:
mation FEMA needs to recognize on a
(1) A request for conditional approval NFIP map that a structural flood conof map change and the appropriate ini- trol measure provides protection from
tial fee as specified by 5 72.3 of this sub- the base flood in an area subject t o alchapter or a request for exemption luvial fan flooding. This information

44 CFR Ch. I (10-1-99 Edltlon)
must be supplied to FEMA by the community or other party seeking recognition of such a flood control measure a t
the time a flood risk study or restudy
is conducted, when a map revision
under the provisions of part 65 of this
subchapter is sought, and upon request
by the Administrator during the review
of previously recognized flood control
measures. The FEMA review will be for
the sole purpose of establishing appropriate risk zone determinations for
NFIP maps and shall not constitute a
determination by FEMA as to how the
flood control measure will perform in a
flood event.
(a) The applicable provisions of
165.2, 65.3, 65.4, 65.6, 65.8 and 65.10 shall
also apply to FIRM revisions involving
alluvial fan flooding.
(b) The provisions of 565.5 regarding
map revisions based on fill and the provisions of part 70 of this chapter shall
not apply to FIRM revisions involving
alluvial fan flooding. In general, elevations of a parcel of land or a structure by fill or other means, will not
serve as a basis for removing areas subject to alluvial fan flooding from an
area of special food hazards.
(c) FEMA will credit on NFIP maps
only major structural flood control
measures whose design and construction are supported by sound engineering analyses which demonstrate that
the measures will effectively eliminate
alluvial fan flood hazards from the area
protected by such measures. The provided analyses must include, but are
not necessarily limited to, the following:
(1) Engineering analyses that quantify the discharges and volumes of
water. debris, and sediment movement
associated with the flood that has a
one-percent probability of being exceeded in any year a t the apex under
current watershed conditions and
under potential adverse conditions
(e.g.. deforestation of the watershed by
fire). The potential for debris flow and
sediment mwement must be assessed
using an engineering method acceptable to FEMA. The assessment should
consider the characteristics and availability of sediment in the drainage
basin above the apex and on the alluvial fan.

(2) Engineering analyses showing
that the measures will accommodate
the estimated peak discharges and volumes of water, debris, and sediment, as
determined in accordance with paragraph (c)(l) of this section. and will
withstand the associated hydrodynamic and hydrostatic forces.
(3) Fmgineering analyses showing
that the measures have been designed
to withstand the potential erosion and
scour associated with estimated discharges.
(4) Engineering analyses or evidence
showing that the measures will provide
protection from hazards associated
with the possible relocation of flow
paths from other parts of the fan.
(5) Engineering analyses that assess
the effect of the project on flood hazards, including depth and velocity of
floodwaters and scour and sediment
deposition, on other areas of the fan.
(6) Engineering analyses demonstrating that flooding from scources
other than the fan apex. including local
runoff, is either insignificant or has
been accounted for in the design.
(d) Coordlnatlon. F E W will recognize
measures that are adequately designed
and constructed, provided that: widence is submitted to show that the
impact of the measures on flood hazards in all areas of the fan (including
those not protected by the flood control measures), and the design and
maintenance regulrements of the
measures, were reviewed and approved
by the impacted communities, and also
by State and local agencies that have
jurisdiction w e r flood control activities.
(e) Opetatfan and maintenance plans
and criteria. The requirements for operation and maintenance of flood control
measures on areas subject to alluvial
fan flooding shall be those specified
under 565.10, paragraphs (c) and (d).
when applicable.
(f) Certincatfon requhmenrs. Data
submitted to support that a given flood
control measure complies with the requirements set forth in paragraphs (c)
(1) through (6) of this section must be
certiFied by a registered professional
engineer. Also, certified as-built plans
of the flood control measures must be

Federal Emergency Management Agency
submitted. Certifications are subject to
the definition given a t Q65.2.
(Approved by the Office of Management and
Budget under control number 3067-0147.)
IS4 FR 33551. Aug. 15. 19891

066.14 Remap ing of ~

a forr which
local f l m 8 p m t e e ~ o pmystems u
longer p m d e beer, flood proLeotion
(a) General. (1) This section describes
the procedures to follow and the types
of information FEMA requires t o designate flood control restoration zones.
A community may be eligible to apply
for this zone designation if the Administrator determines that i t is engaged
in the process of restoring a flood protection system that was:
(i) Constructed using Federal funds;
(ii) Recognized as providing base
flood protection on the community's
effective FIRM: and
(iii) Decertified by a Federal agency
responsible for flood protection design
or construction.
(2) Where the Administrator determines that a community is in the process of restoring its flood protection
system to prwide base flood protection, a FIRM will be prepared that designates the temporary flood hazard
areas as a flood control restoration
zone (Zone Am. Existing special flood
hazard areas shown on the community's effective FIRM that are further
inundated by Zone AR flooding shall be
designated as a "dual" flood insurance
rate zone. Zone AWAE or ARIAH with
Zone AR base flood elevations, and AE
or AH with base flood elevations and
Zone AWAO with Zone AR base flood
elevations and Zone A0 with flood
depths, or Zone ARIA with Zone AR
base flood elevations and Zone A without h flood elevations.
(b) Llmltatlons. A community may
have a flood control restoration zone
designation only once while restoring a
flood protection system. Thls limitation does not preclude future flood control restoration zone designations
should a fully restored. certified, and
accredited system become decertified
for a second or subsequent time.
(1) A community that receives Federal funds for the purpose of designing
or constructing, or both, the restoration project must complete restoration

gaS.14

or meet the requirements of 44 CFR
61.12 within a specified period, not to
exceed a maximum of 10 years from the
date of submittal of the community's
application for designation of a flood
control restoration zone.
(2) A community that does not receive Federal funds for the purpose of
constructing the restoration project
must complete restoration within a
specified period, not to exceed a maximum of 5 years from the date of submittal of the community's application
for designation of a flood control restoration zone. Such a community is
not eligible for the provisions of 561.12.
The designated restoration period may
not be extended beyond the maximum
allowable under this limitation.
(c) Exclusions. The provisions of these
regulations do not apply in a coastal
high hazard area as defined in 44 CFR
59.1, including areas that would be s u b
ject to coastal high hazards as a result
of the decertification of a flood protection system shown on the community's
effective FIRM as providing base flood
protection.
(d) JBkfive date for rfsk premfum
retes. The effective date for any risk
premium rates established for Zone a
shall be the effective date of the revised FIRM showing Zone AR deslgnations.
(e) Apphfion and suhfttal reg&
ments for designation a .a flood mnhol
restoralion wne. A ~ m m u n l t ymust
submit a written request to the Administrator, signed by the community's
Chief Executive Omcer, for a flood
plain designation as a flood control restoration zone. The request must include a legislative action by the community &questing the designation.
The Administrator will not initiate
any action t o designate flood control
restoration zones without receipt of
the formal request from the community that complies with all requirements of t h i s section. The Administrator reserves the right t o request additional information from the community to support or further document
the community's fonnal request for
designation of a flood control restoration zone, if deemed necessary.
(1) At a minimum, the request from a
community that receives Federal funds

44 CFR C h 1 (10-1-99 Edmon)
for the purpose of designing, constructing, or both, the restoration
pro ect must include:
A statement whether, to the best
of the knowledge of the community's
Chief Executive Officer, the flood p m
tection system is currently the subject
matter of litigation before any Federal. State or local court or administrative agency, and if so,the purpose of
that litigation;
(ii) A statement whether the community has previously requested a determination with respect to the same subject matter from the Administrator,
and If so. a statement that details the
disposition of such prevlous request;
(iii) A statement from the ammunity and certification by a Federal
agency responsible for flood protection
design or construction that the existing flood control system shown on the
effective FIRM was originally built
using Federal funds, that it no longer
provides base flood protection. but that
it continues to provide protection from
the flood having a t least a 3-percent
chance of occurrence during any given
year;
(iv) An official map of the community or legal description, with s u p
porting documentation, that the community will adopt as part of its flood
plain management measures, which
designates developed areas as defined
in 559.1 and as further defined in
w.3Cf).
(v) A restoration plan to return the
system to a level of base flood protection. At a minimum. this plan must:
(A) List all important project elements, such as acquisition of permits,
approvals, and contracts and construction schedules of planned features:
(B) Identify anticipated start and
completion dates for each element. as
well as significant milestones and
dates:
(C) Identify the date on which "as
built" drawings and certification for
the completed restoration project will
be submitted. This date must provide
for a restoration period not t o exceed
the maximum allowable restoration period for the flood protection system.
or;
(D) Identify the date on which the
community will submit a request for a
flnding of adequate progress that meets

(d

all requirements of S1.12. This date
may not exceed the maximum allowable restoration period for the flood
protection system;
(vi) A statement identifying the local
project sponsor responsible for restoration of the flood protection system;
(vii) A copy of a study, performed by
a Federal agency responsible for flood
protection design or construction in
consultation with the local proJect
sponsor, which demonstrates a Federal
interest in restoration of the system
and which deems that the flood protectlon system is restorable to a level of
base flood protection.
(viii) A joint statement from the
Federal agency responsible for flood
protection design or construction involved in restoration of the flood protection system and the local project
sponsor certifying that the design and
construction of the flood control system Involves Federal funds, and that
the restoration of the flood protection
system will provide base flood protection;
(2) At a minimum, the request from a
community that receives no Federal
funds for the purpose of constructing
the restoration project must:
(i) Meet the requirements of
!365.14(e)(l)(i) through (iv);
(ii) Include a restoration plan to return the system to a level of base flood
protection. At a minimum, this plan
must:
(A) List all important project elements, such as acquisition of permits,
approvals, and contracts and construction schedules of planned features;
(B) Identffy anticipated start and
completion dates for each element, as
well as significant milestones and
dates; and
(C) Identlfy the date on which "as
built" drawings and certification for
the completed restoration project will
be submitted. This date must provlde
for a restoration period not t o exceed
the maximum allowable restoration wriod for the flood protection system;
(iii) Include a statement identifvinn
th;e iocal agency responsible for-reg
toration of the flood protection system;
(iv) Include a copy of a study. certified by registered Professional Engineer, that demonstrates that the flood

Federal Emergency Management Agency
protection system is restorable to provide protection from the base flood:
(v) Include a statement from the
local agency responsible for restoration of the flood protection system certifying that the restored flood protection system will meet the applicable
requirements of Part 65: and
(vi) Include a statement from the
local agency responsible for restoration of the flood protection system
that identifies the source of funds for
the purpose of constructing the restoration project and a percentage of
the total funds contributed by each
source. The statement must demonstrate, at a minimum. that 100 percent of the total financial project cost
of the completed flood protection system has been appropriated.
(f) Review and response by the Add&h-ator. The review and response by the
Administrator shall be in accordance
with procedures spedned in f 65.9.
(g) Reguirements fm maintaining designation o f a flood amttol restoration
zone. During the restoration period, the
community and the cost-sharing Federal agency, if any, must certify annually to the FEMA Regional Office having jurisdiction that the restoradon
will be completed in accordance with
the restoration plan within the time
period specified by the plan. In addition, the community and the cost-sharing Federal agency, if any, will update
the restoration plan and will identify
any permitting or construction problems that will delay the project completion from the restoration plan previously submitted to the Administrator. The FEMA Regional Office having jurisdiction will make an annual
assessment and recommendation to the
Administrator as to the viability of the
restoration plan and will conduct periodic on-site inspections of the flood
protection system under restoration.
- (h) Pmceti-ures for removing flood mntml rertoration zone designatdan due to
adequate p m g n s or cam$ete rertoration
of the flood p m t h system. At any
time during the restoration period:
(1) A community that receives Federal Eunds for the purpose of designing.
constructing, or both, the restoration
projekt shall provide written evidence
of certification from a Federal agency
having flood protection design or con-

965.14

struction responsibility that the necessary improvements have been completed and that the system has been restored to provide protection from the
base flood, or submit a request for a
finding of adequate progress that meets
all requirements of 561.12. If the Administrator determines that adequate
progress has been made, F E W will revise the zone designation from a flood
control restoration zone designation to
Zone A99.
(2) After the improvements have been
completed, certified by a Federal agency as providing base flood protection,
and reviewed by FEMA, F E W will revise the FIRM to reflect the completed
flood control system.
(3) A community that receives no
Federal funds for the purpose of constructing the restoration project must
~rovidewritten evidence that the r e
Stored flood protection system meets
the requirements of Part 65. A community that receives no Federal funds for
the purpose of constructing the restoration project is not eligible for a
finding of adequate progress under
561.12.
(4) AFter the improvements have been
completed and reviewed by FEMA.
FEMA will revise the FIRM to reflect
the completed flood protection system.
(i) Pmcedures for m o v i n g flood mntml rertoration m e &@ation due to
non-complilanrr wlfh the restoratfan
schedule or as a rerult of a thiing that
sadlsfactary p p m is not being made to
complete the restaration. At any time
during the restoration period, should
the Administrator determine that the
restoration will not be completed in
accordance with the time frame specified in the restoration plan, or that
satisfactory progms is not being made
to restore the flood protection system
to provide complete flood protection in
accordance with the restoration plan,
the Administrator shall notify the
community and the responsible Federal agency, in writing, of the determination, the reasons for that determination, and that the FIRM will be
revised to remove the flood control restoration zone designation. Within thirty (30) days of such notice. the community may submit written information

44 CFR Ch. 1 (10-1-99 Edfflon)
that provides assurance that the restoration will be completed in acwrdance with the time frame specified in
the restoration plan, or that satisfactory progress is being made to restore
complete protection in accordance
with the restoration plan. or that, with
reasonable certainty, the restoration
will be completed within the maximum
allowable restoration period. On the
basis of this information the Administrator may suspend the decision to revise the FIRM to remove the flood control restoration zone designation. If
the community does not submit any information, or if, based on a review of
the information submitted, there is
sufficient cause to find that the restoration will not be completed as provided for in the restoration plan, the
Administrator shall revise the FIRM,
in accordance with 44 CFR Part 67, and
shall remove the flood control restoration zone designations and shall redesignate those areas as Zone A1-30. AE,
AH, AO, or A.
066.16 Liot of communities mabmitting
new technical data.

This section provides a cumulative
list of communities where modiflcations of the base flood elevation determinations have been made because of
submission of new scientific or technical data. Due to the need for expediting the modifications. the revised
map is already in effect and the appeal
period commences on or about the effective date of the modified map. An
interim rule, followed by a final rule,
will list the revised map effective date,
local repository and the name and address of the Chief Executive Officer of
the community. The rnap(s) is (are) effective for both flood plain management and insurance purposes.

0 86.16 Shndard Hood HIL8Prd DetCLC
mination Form a d hstmctionr.
(a) Section 528 of the National Flood
Insurance Reform Act of 1994 (42 U.S.C.
1365(a)) directs FEMA to develop a
standard form for determining, in the
case of a loan secured by improved real
estate or a mobile home, whether the
building or mobile home is located in
an area identifled by the Director as an
area having special flood hazards and
in which flood insurance under this
title is available. The purpose of the
form is to determine whether a building or mobile home is located within
an identifled Special Flood Hazard
Area (SFHA), whether flood insurance
is required, and whether federal flood
insurance is available. Use of this form
will ensure that required flood insurance coverage is purchased for structures located in an SFHA, and will assist federal entities for lending regulation in assuring compliance with these
purchase requirements.
(b) The form is available by written
request to Federal Emergency Management Agency, PO Box 2012, Jessup, MD
20794; ask for the Standard Flood Hazard Determination form. I t is also
available by fax-on-dermmk call (202)
646-3362, form X 23103. Finally, the form
is available through the Internet a t
httpYhferna.gwlnfip!mpurfl.htm.
I63 FR 27857. May 21. 19981

TMs section describes the procedures
that shall be followed and the types of
information required by FEMA to review a determination of whether a
building or manufactured home is located within an identified Special
Flood Hazard Area (SFHA).
(a) General cmdltlom. The borrower
and lender of a loan secured by improved real estate or a manufactured
home may jointly request that FEMA
[51 FR 30317. Aug. 25. 1986. Redeslgnated a t 53 review a determination that the buildFR 16279. May 6. 1988, and further rededg- ing or manufactured home is located in
nated a t 54 FR 33551. Aug. 15. 1989. Redeslg- an identified SFHA. Such a request
nated a t 59 FR 53599. O c t 25. 19941
must be submitted within 45 days of
the lender's notification to the borEDITORIAL NOTE: For references to FR
pages showing lists of eligible communities. rower that the building or manufactured home is in the SFHA and that
see the List of CFR Sections Affected a p
pearing in the Flnding Aids section o f thLs flood insurance is required. Such a revolume.
quest must be submitted jointly by the

Federal Emergency Management Agency
lender and the borrower and shall include the required fee and technical information related to the building or
manufactured home. Elevation data
will not be considered under the procedures described in this section.
(b) Data and other neguhments. Items
required for FEMA's review of a determination shall include the following:
(1) Payment of the required fee by
check or money order, in U.S. funds,
payable to the National Flood Insurance Program;
(2) A request for FEMA's review of
the determination, signed by both the
borrower and the lender;
(3) A copy of the lender's notification
to the borrower that the building or
rnanufactured home is in an SFHA and
that flood insurance is required (the request for review of the determination
must be postmarked within 45 days of
borrower notification);
(4) A completed Standard Flood Hazard Determination Form for the building or manufactured home, together
with a legible hard copy of all technical data used in making the determination; and
(5) A copy of the effective NFIP map
(Flood Hazard Boundary Map (FHBM)
or Flood Insurance Rate Map (FIRM))
panel for the community in which the
building or manufactured home is located, with the building or manufactured home location indicated. Portions of the map panel may be submitted but shall include the area of the
building or manufactured home in
question together with the map panel
title block. including effective date,
bar scale, and north arrow.
(c) Review and response by FEMA.
Within 45 days after receipt of a request to review a determination.
FEMA will notify the applicants in
writing of one of the following:
(1) Request submitted more than 45
days after borrower notification; no review will be performed and all materials are being returned;
(2) Insumcient information was received t o review the determination;
therefore, the determination stands
until a complete submittal is received;
or
(3) The results of FEMA's review of
the determination, which shall include
the following:

966.1

(i) The name of the NFIP community
in which the building or manufactured
home is located:
(ii) The property address or other
identification of the building or manufactured home t o which the determination applies:
(iii) The NFIP map panel number and
effective date upon which the determination is based;
(iv) A statement indicating whether
the building or rnanufactured home is
within the Special Flood Hazard Area;
(v) The time frame d u r i q which the
determination is effective.
(60FR 62218. Dec. 5. 19951

PART 66-CONSULTATION WITH
LOCAL OFFICIALS
sec.
66.1 Purpose of part.
66.2 Definitions.
66.3 Establishment of community case flle
and flood elevation study docket.
66.4 Appointment of c o m l t a t i o n coordination offlcer.
66.5 Respomlbilities for consultation and
coordhtion.
AUTHORITY: 42 U.S.C. 4W1 et seg.; Reorganization Plan No. 3 of 1978: E.O. 12127.

066.1 PPrpoeeofpart.
(a) The purpose of this part is to
comply -with section 206 of the Flood
Disaster Protection Act of 1973 (42
U.S.C. 4107) by establishing procedures
for flood elevation determinations of
Zones A1-30, AE. AH. A0 and V1-30,
and VE within the community so that
adequate consultation with the community officials shall be assured.
(b) The procedures in this part shall
apply when base flood elevations are to
be determined or modified.
(c) The Administrator or his delegate
shall:
(1) Specifically request that the community submit pertinent data concerning flood hazards, flooding experience, plans to avoid potential hazards,
estimate of historical and prospective
economic impact on the community,
and such other appropriate data (particularly If such data will necessitate a
modification of a base flood elevation).
(2) Notify local officials of the
progress of surveys, studies, investigations, and of prospective findings,