44 CFR Part 60 and 61

§ 60.6

44 CFR Ch. I (10–1–02 Edition)

rate, in conjunction with the anticipated ‘‘useful life’’ of structures, and
depending upon the geologic, hydrologic, topographic and climatic characteristics of the community’s land. The
buffer may be used for suitable open
space purposes, such as for agricultural, forestry, outdoor recreation and
wildlife habitat areas, and for other activities using temporary and portable
structures only.
[41 FR 46975, Oct. 26, 1976. Redesignated at 44
FR 31177, May 31, 1979, as amended at 48 FR
44552, Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984]

§ 60.6

Variances and exceptions.

(a) The Administrator does not set
forth absolute criteria for granting
variances from the criteria set forth in
§§ 60.3, 60.4, and 60.5. The issuance of a
variance is for flood plain management
purposes only. Insurance premium
rates are determined by statute according to actuarial risk and will not be
modified by the granting of a variance.
The community, after examining the
applicant’s hardships, shall approve or
disapprove a request. While the granting of variances generally is limited to
a lot size less than one-half acre (as set
forth in paragraph (a)(2) of this section), deviations from that limitation
may occur. However, as the lot size increases beyond one-half acre, the technical justification required for issuing
a variance increases. The Administrator may review a community’s findings
justifying
the
granting
of
variances, and if that review indicates
a pattern inconsistent with the objectives of sound flood plain management,
the Administrator may take appropriate action under § 59.24(b) of this
subchapter. Variances may be issued
for the repair or rehabilitation of historic structures upon a determination
that the proposed repair or rehabilitation will not preclude the structure’s
continued designation as a historic
structure and the variance is the minimum necessary to preserve the historic character and design of the structure. Procedures for the granting of
variances by a community are as follows:
(1) Variances shall not be issued by a
community within any designated regulatory floodway if any increase in

flood levels during the base flood discharge would result;
(2) Variances may be issued by a
community for new construction and
substantial improvements to be erected
on a lot of one-half acre or less in size
contiguous to and surrounded by lots
with existing structures constructed
below the base flood level, in conformance with the procedures of paragraphs
(a) (3), (4), (5) and (6) of this section;
(3) Variances shall only be issued by
a community upon (i) a showing of
good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood
heights, additional threats to public
safety, extraordinary public expense,
create nuisances, cause fraud on or victimization of the public, or conflict
with existing local laws or ordinances;
(4) Variances shall only be issued
upon a determination that the variance
is the minimum necessary, considering
the flood hazard, to afford relief;
(5) A community shall notify the applicant in writing over the signature of
a community official that (i) the
issuance of a variance to construct a
structure below the base flood level
will result in increased premium rates
for flood insurance up to amounts as
high as $25 for $100 of insurance coverage and (ii) such construction below
the base flood level increases risks to
life and property. Such notification
shall be maintained with a record of all
variance actions as required in paragraph (a)(6) of this section; and
(6) A community shall (i) maintain a
record of all variance actions, including justification for their issuance, and
(ii) report such variances issued in its
annual or biennial report submitted to
the Administrator.
(7) Variances may be issued by a
community for new construction and
substantial improvements and for
other development necessary for the
conduct of a functionally dependent
use provided that (i) the criteria of
paragraphs (a)(1) through (a)(4) of this
section are met, and (ii) the structure
or other development is protected by
methods that minimize flood damages

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Federal Emergency Management Agency
during the base flood and create no additional threats to public safety.
(b)(1) The requirement that each
flood-prone, mudslide (i.e., mudflow)prone, and flood-related erosion prone
community must adopt and submit
adequate flood plain management regulations as a condition of initial and
continued flood insurance eligibility is
statutory and cannot be waived, and
such regulations shall be adopted by a
community within the time periods
specified in §§ 60.3, 60.4 or § 60.5. However, certain exceptions from the
standards contained in this subpart
may be permitted where the Administrator recognizes that, because of extraordinary circumstances, local conditions may render the application of
certain standards the cause for severe
hardship and gross inequity for a particular community. Consequently, a
community proposing the adoption of
flood plain management regulations
which vary from the standards set
forth in §§ 60.3, 60.4, or § 60.5, shall explain in writing to the Administrator
the nature and extent of and the reasons for the exception request and shall
include sufficient supporting economic,
environmental, topographic, hydrologic, and other scientific and technical data, and data with respect to the
impact on public safety and the environment.
(2) The Administrator shall prepare a
Special Environmental Clearance to
determine whether the proposal for an
exception under paragraph (b)(1) of this
section will have significant impact on
the human environment. The decision
whether an Environmental Impact
Statement or other environmental document will be prepared, will be made in
accordance with the procedures set out
in 44 CFR part 10. Ninety or more days
may be required for an environmental
quality clearance if the proposed exception will have significant impact on
the human environment thereby requiring an EIS.
(c) A community may propose flood
plain management measures which
adopt standards for floodproofed residential basements below the base flood
level in zones A1–30, AH, AO, and AE
which are not subject to tidal flooding.
Nothwithstanding the requirements of
paragraph (b) of this section the Ad-

§ 60.6

ministrator may approve the proposal
provided that:
(1) The community has demonstrated
that areas of special flood hazard in
which basements will be permitted are
subject to shallow and low velocity
flooding and that there is adequate
flood warning time to ensure that all
residents are notified of impending
floods. For the purposes of this paragraph flood characteristics must include:
(i) Flood depths that are five feet or
less for developable lots that are contiguous to land above the base flood
level and three feet or less for other
lots;
(ii) Flood velocities that are five feet
per second or less; and
(iii) Flood warning times that are 12
hours or greater. Flood warning times
of two hours or greater may be approved if the community demonstrates
that it has a flood warning system and
emergency plan in operation that is
adequate to ensure safe evacuation of
flood plain residents.
(2) The community has adopted flood
plain management measures that require that new construction and substantial improvements of residential
structures with basements in zones A1–
30, AH, AO, and AE shall:
(i) Be designed and built so that any
basement area, together with attendant utilities and sanitary facilities
below the floodproofed design level, is
watertight with walls that are impermeable to the passage of water without
human intervention. Basement walls
shall be built with the capacity to resist hydrostatic and hydrodynamic
loads and the effects of buoyancy resulting
from
flooding
to
the
floodproofed design level, and shall be
designed so that minimal damage will
occur from floods that exceed that
level. The floodproofed design level
shall be an elevation one foot above the
level of the base flood where the difference between the base flood and the
500-year flood is three feet or less and
two feet above the level of the base
flood where the difference is greater
than three feet.
(ii) Have the top of the floor of any
basement area no lower than five feet
below the elevation of the base flood;

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§ 60.7

44 CFR Ch. I (10–1–02 Edition)

(iii) Have the area surrounding the
structure on all sides filled to or above
the elevation of the base flood. Fill
must be compacted with slopes protected by vegetative cover;
(iv) Have a registered professional
engineer or architect develop or review
the building’s structual design, specifications, and plans, including consideration of the depth, velocity, and duration of flooding and type and permeability of soils at the building site, and
certify that the basement design and
methods of construction proposed are
in accordance with accepted standards
of practice for meeting the provisions
of this paragraph;
(v) Be inspected by the building inspector or other authorized representative of the community to verify that
the structure is built according to its
design and those provisions of this section which are verifiable.
[41 FR 46975, Oct. 26, 1976. Redesignated at 44
FR 31177, May 31, 1979, as amended at 48 FR
44543 and 44552, Sept. 29, 1983; 49 FR 4751, Feb.
8, 1984; 50 FR 36025, Sept. 4, 1985; 51 FR 30308,
Aug. 25, 1986; 54 FR 33550, Aug. 15, 1989]

§ 60.7 Revisions of criteria for flood
plain management regulations.
From time to time part 60 may be revised as experience is acquired under
the Program and new information becomes available. Communities will be
given six months from the effective
date of any new regulation to revise
their flood plain management regulations to comply with any such changes.
§ 60.8

Definitions.

The definitions set forth in part 59 of
this subchapter are applicable to this
part.

Subpart B—Requirements for State
Flood
Plain
Management
Regulations
§ 60.11

Purpose of this subpart.

(a) A State is considered a ‘‘community’’ pursuant to § 59.1 of this subchapter; and, accordingly, the Act provides that flood insurance shall not be
sold or renewed under the Program unless a community has adopted adequate
flood plain management regulations

consistent with criteria established by
the Administrator.
(b) This subpart sets forth the flood
plain management criteria required for
State-owned properties located within
special hazard areas identified by the
Administrator. A State shall satisfy
such criteria as a condition to the purchase of a Standard Flood Insurance
Policy for a State-owned structure or
its contents, or as a condition to the
approval by the Administrator, pursuant to part 75 of this subchapter, of its
plan of self-insurance.
[41 FR 46975, Oct. 26, 1976. Redesignated at 44
FR 31177, May 31, 1979, as amended at 48 FR
44552, Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984]

§ 60.12 Flood plain management criteria for State-owned properties in
special hazard areas.
(a) The State shall comply with the
minimum flood plain management criteria set forth in §§ 60.3, 60.4, and 60.5. A
State either shall:
(1) Comply with the flood plain management requirements of all local communities participating in the program
in which State-owned properties are located; or
(2) Establish and enforce flood plain
management regulations which, at a
minimum, satisfy the criteria set forth
in §§ 60.3, 60.4, and 60.5.
(b) The procedures by which a state
government adopts and administers
flood plain management regulations
satisfying the criteria set forth in
§§ 60.3, 60.4 and 60.5 may vary from the
procedures by which local governments
satisfy the criteria.
(c) If any State-owned property is 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.
§ 60.13

Noncompliance.

If a State fails to submit adequate
flood plain management regulations
applicable to State-owned properties
pursuant to § 60.12 within six months of
the effective date of this regulation, or
fails to adequately enforce such regulations, the State shall be subject to suspensive action pursuant to § 59.24.

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