44 CFR Part 70

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I ;tie 44--Emergei;cy

k4ar;agernen't and Assisiance

CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY
PART 70--PROCEDURE FOR MAP CORRECTION

B

B
B
B
B

70.1

Purpose of part.

70.2

Definitions.

70.3

Right to submit technical information.

70.4

Review by the Director.

70.5

Letter of Map Amendment.

70.6

Distribution of Letter of Map Amendment.

70.7

Notice of Letter of Map Amendment.

70.8

Premium refund after Letter of Map Amendment.

70.9

Review of proposed projects.

44 CFR Ch.1 (10-1-02 Edition)
(b) Documentary and oral evidence
shall be admissible.
(c) Admissibility of non-expert testimony shall be within t h e discretion of
t h e board.
(d) All testimony shall be under oath.
(e) Res judtcata/ collateral estoppel.
Where there has been a previous determination, decision or finding of fact by
t h e Director, one of his delegees, an administrative law judge, hearing officer,
or hearing board regarding t h e base
flood elevations of a n y other commun i t y , such determination, decision, or
finding of fact shall not be binding on
t h e board and may only be admissible
into evidence if relevant.
$ 68.10

Burden of proof.
The burden shall be on appellant(s)
t o prove t h a t the flood elevation determination is not scientifically or technically correct.
$68.11 Determination.
The board shall render i t s written decision within 45 days after t h e conclusion of t h e hearing. The entire record
of t h e hearing including t h e board's decision will be sent t o t h e Director for
review and approval. The Director shall
make the final base flood elevation determination by accepting i n whole or
in part or by rejecting t h e board's decision.
$ 68.12

Relief.
The final determination may be appealed by the appellant(s) to the
United S t a t e s district court as provided i n section 1363(f) of the Act (42
U.S.C. 4104).

PART 69 [RESERVED]
PART 70-PROCEDURE FOR MAP
CORRECTION

70.8 P r e m i u m refund a f t e r L e t t e r of M a p
Amendment.
Review of proposed projects.

70.9

AUTHORITY:42 U.S.C. 4001 et seq.; R e o r g a n i z a t i o n P l a n No. 3 of 1978, 43 F R 41943, 3
C F R , 1978 Comp., p. 329; E.O. 12127 of M a r . 31,
1979, 44 F R 19367, 3 C F R , 1979 Comp., p. 376.

MAPPING DEFICIENCIESUNRELATEDTO
COMMUNITl-~'IDE ELEVATIONDETERMINATIONS
870.1 Purpose of part.
The purpose of this part is t o provide
a n administrative procedure whereby
t h e Administrator will review t h e scientific or technical submissions of a n
owner or lessee of property who believes his property has been inadvertently included i n designated A, AO, Al30, AE, AH, A99, AR, ARIA1-30. ARIAE,
ARIAO, ARIAH. ARIA, VO, V130, VE,
and V Zones, a s a result of the transposition of t h e curvilinear line t o eit h e r street or t o other readily identifiable features. The necessity for this
part is due i n part t o t h e technical difficulty of accurately delineating t h e
curvilinear line on either a n FHBM or
FIRM. These procedures shall not
apply when there has been any alteration of topography since t h e effective
date of t h e first NFIP map (i.e., FHBM
or FIRM) showing t h e property withln
a n area of speclal flood hazard. Appeals
in such circumstances are subject t o
t h e provisions of part 65 of this subchapter.
162 F R 55718, Oct. 27, 19971

170.2 Definitions.
The definitions set forth in part 59 of
this subchapter are applicable t o this
part.
[41 F R 46991. Oct. 26. 1976. Redesignated a t 44
F R 31177. M a y 31, 19791

% 70.3 Right to submit technical information.
MAPPING
DEFICIENCIES
UNRELATED TO COM(a) Any owner or lessee of property
MUNITI-WIDE
ELEVATION DETERMINATIONS(applicant) who believes his property
has been inadvertently included i n a
Sec.
70.1 P u r p o s e of p a r t .
designated A, AO, A130, AE. AH, A99.
70.2 Definitions.
AR, ARIA130, ARIAE, ARIAO, ARIAH,
70.3 R i g h t t o s u b m i t t e c h n i c a l i n f o r m a t i o n
ARIA, VO, V1-30, VE, and V Zones on a
70.4 ~ & i e wby t h e D i r e c t o r .
FHBM or a FIRM, may submit sci70.5 L e t t e r of M a p A m e n d m e n t .
entific or technical information t o the
70.6 D i s t r i b u t i o n of L e t t e r of M a p AmendAdministrator for t h e Administrator's
ment.
review.
70.7 N o t i c e of L e t t e r of M a p A m e n d m e n t .

44 CFR Ch. 1 (1 0 - 1 4 2 Edition)
(b) Documentary and oral evidence
shall be admissible.
(c) Admissibility of non-expert testimony shall be within t h e discretion of
t h e board.
(d) All testimony shall be under oath.
(e) Res judicata/ collateral estoppel.
Where there has been a previous determination, decision or finding of fact by
t h e Director, one of his delegees, a n administrative law judge, hearing officer.
or hearing board regarding t h e base
flood elevations of a n y other commun i t y , such determination, decision, or
finding of fact shall not be binding on
t h e board and may only be admissible
into evidence if relevant.

8 68.10 Burden of proof.
The burden shall be on appellant(s)
t o prove t h a t t h e flood elevation determination is not scientifically or technically correct.

168.11 Determination.
The board shall render i t s written decision within 45 days after t h e conclusion of t h e hearing. The entire record
of t h e hearing including t h e board's decision will be sent t o the Director for
review and approval. The Director shall
make t h e final base flood elevation determination by accepting i n whole or
i n part or by rejecting t h e board's decision.
1 68.12 Relief.
The final determination may be appealed by t h e appellant(s) t o t h e
United S t a t e s district court a s provided i n section 1363(f) of t h e Act (42
U.S.C. 4104).

PART 69 [RESERVED]
PART 70-PROCEDURE FOR MAP
CORRECTION

Sec.
70.1 P u r p o s e of p a r t .
70.2 Definitions.
70.3 R i g h t t o s u b m i t t e c h n i c a l i n f o r m a t i o n .
70.4 Review b y t h e D i r e c t o r .
70.5 L e t t e r of M a p A m e n d m e n t .
70.6 D i s t r i b u t i o n of L e t t e r of M a p A m e n d ment.
70.7 Notice of L e t t e r of M a p A m e n d m e n t

70.8

P r e m i u m r e f u n d a f t e r L e t t e r of M a p
Amendment.
70.9 Review of proposed p r o j e c t s .
AUTHORITY: 42 U.S.C.
n i z a t i o n P l a n No. 3 of
C F R , 1978 Comp.. p. 329;
1979, 44 F R 19367, 3 C F R ,

4001 et seq.; Reorga1978, 43 F R 41943, 3
E.O. 12127 of M a r . 31,
1979 Comp., p. 376.

MAPPING DEFICIENCIES UNRELATEDTO
COMMUNITY-WIDE
ELEVATION DETERMINATIONS
870.1 Purpose of part.
The purpose of this part is t o provide
a n administrative procedure whereby
t h e Administrator will review t h e scientific or technical submissions of a n
owner or lessee of property who believes his property has been inadvertently included i n designated A, AO, Al30, AE, AH: A99, AR, ARIA1-30, ARIAE,
ARIAO, AFUAH, AFUA, VO, V1-30, VE,
and V Zones, a s a result of t h e transposition of t h e curvilinear line t o eit h e r street or t o other readily identifiable features. The necessity for this
part is due i n part t o t h e technical difficulty of accurately delineating t h e
curvilinear line on either a n FHBM or
FIRM. These procedures shall not
apply when there has been a n y alteration of topography since t h e effective
date of t h e first NFIP map (i.e., FHBM
o r FIRM) showing t h e property within
a n area of special flood hazard. Appeals
i n such circumstances a r e subject t o
she provisions of part 65 of this subchapter.

8 70.2 Definitions.
The definitions set forth i n part 59 of
this subchapter are applicable t o this
part.
[41 F R 46991, Oct. 26, 1976. R e d e s i g n a t e d a t 44
F R 31177, M a y 31, 19791

170.3 Right to submit technical information.
(a) Any owner or lessee of property
(applicant) who believes his property
has been inadvertently included i n a
designated A, AO, A130, AE, AH, A99,
AR, ARIA1-SO, ARIAE, ARIAO, ARIAH,
ARIA, VO, V1-30, VE, and V Zones on a
FHBM or a FIRM, may submit scientific or technical information t o t h e
Administrator for t h e Administrator's
review.