44 Cfr 59.22

Federal Emergency Management Agency
(4) Section 816 of the Housing and
Community Development Act of 1974
(87 Stat. 975), Public Law 93–383, approved 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.
(b) The following are references relevant to the National Flood Insurance
Program:
(1) Executive Order 11988 (Floodplain
Management, dated May 24, 1977 (42 FR
26951, May 25, 1977)).
(2) The Flood Control Act of 1960
(Pub. L. 86–645).
(3) Title II, section 314 of title III and
section 406 of title IV of the Disaster
Relief Act of 1974 (Pub. L. 93–288).
(4) Coastal Zone Management Act
(Pub. L. 92–583), as amended Public
Law 94–370.
(5) Water Resources Planning Act
(Pub. L. 89–90), as amended Public Law
94–112 (October 16, 1975).
(6) Title I, National Environmental
Policy Act (Pub. L. 91–190).
(7) Land and Water Conservation
Fund Act (Pub. L. 89–578), and subsequent amendments thereto.
(8) Water Resources Council, Principals and Standards for Planning,
Water and Related Land Resources (38
FR 24778–24869, September 10, 1973).
(9) Executive Order 11593 (Protection
and Enchancement of the Cultural Environment), dated May 13, 1971 (36 FR
8921, May 15, 1971).
(10) 89th Cong., 2nd Session, H.D. 465.
(11) Required land use element for
comprehensive
planning
assistance
under section 701 of the Housing Act of
1954, as amended by the Housing and
Community Development Act of 1974
(24 CFR 600.72).
(12) Executive Order 11990 (Protection
of Wetlands, dated May 24, 1977 (42 FR
26951, May 25, 1977)).
(13) Water Resources Council (Guidance for Floodplain Management) (42
FR 52590, September 30, 1977).
(14) Unified National Program for
Floodplain Management of the United
States Water Resources Council, July
1976.
(c) The following reference guidelines
represent the views of the Federal Insurance Administration with respect to
the mandatory purchase of flood insur-

§ 59.22

ance under section 102 of the Flood Disaster Protection Act of 1973: Mandatory Purchase of Flood Insurance
Guidelines (54 FR 29666–29695, July 13,
1989).
[41 FR 46968, Oct. 26, 1976, as amended at 43
FR 7140, Feb. 17, 1978. Redesignated at 44 FR
31177, May 31, 1979, and amended at 57 FR
19540, May 7, 1992]

Subpart B—Eligibility Requirements
§ 59.21

Purpose of subpart.

This subpart lists actions that must
be taken by a community to become eligible and to remain eligible for the
Program.
[41 FR 46968, Oct. 26, 1976. Redesignated at 44
FR 31177, May 31, 1979]

§ 59.22 Prerequisites for the sale of
flood insurance.
(a) To qualify for flood insurance
availability a community shall apply
for the entire area within its jurisdiction, and shall submit:
(1) Copies of legislative and executive
actions indicating a local need for
flood insurance and an explicit desire
to participate in the National Flood Insurance Program;
(2) Citations to State and local statutes and ordinances authorizing actions regulating land use and copies of
the local laws and regulations cited;
(3) A copy of the flood plain management regulations the community has
adopted to meet the requirements of
§§ 60.3, 60.4 and/or § 60.5 of this subchapter. This submission shall include
copies of any zoning, building, and subdivision regulations, health codes, special purpose ordinances (such as a flood
plain ordinance, grading ordinance, or
flood-related erosion control ordinance), and any other corrective and
preventive measures enacted to reduce
or prevent flood, mudslide (i.e., mudflow) or flood-related erosion damage;
(4) A list of the incorporated communities within the applicant’s boundaries;
(5) Estimates relating to the community as a whole and to the flood,
mudslide (i.e., mudflow) and flood-related erosion prone areas concerning:
(i) Population;

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§ 59.23

44 CFR Ch. I (10–1–02 Edition)

(ii) Number of one to four family
residences;
(iii) Number of small businesses; and
(iv) Number of all other structures.
(6) Address of a local repository, such
as a municipal building, where the
Flood Hazard Boundary Maps (FHBM’s)
and Flood Insurance Rate Maps
(FIRM’s) will be made available for
public inspection;
(7) A summary of any State or Federal activities with respect to flood
plain, mudslide (i.e., mudflow) or floodrelated erosion area management within the community, such as federallyfunded flood control projects and
State-administered flood plain management regulations;
(8) A commitment to recognize and
duly evaluate flood, mudslide (i.e.,
mudflow) and/or flood-related erosion
hazards in all official actions in the
areas having special flood, mudslide
(i.e., mudflow) and/or flood-related erosion hazards and to take such other official action reasonably necessary to
carry out the objectives of the program; and
(9) A commitment to:
(i) Assist the Administrator at his/
her request, in his/her delineation of
the limits of the areas having special
flood, mudslide (i.e., mudflow) or floodrelated erosion hazards;
(ii) Provide such information concerning present uses and occupancy of
the flood plain, mudslide (i.e., mudflow) or flood-related erosion areas as
the Administrator may request;
(iii) Maintain for public inspection
and furnish upon request, for the determination of applicable flood insurance
risk premium rates within all areas
having special flood hazards identified
on a FHBM or FIRM, any certificates
of floodproofing, and information on
the elevation (in relation to mean sea
level) of the level of the lowest floor
(including basement) of all new or substantially improved structures, and include whether or not such structures
contain a basement, and if the structure has been floodproofed, the elevation (in relation to mean sea level)
to
which
the
structure
was
floodproofed;
(iv) Cooperate with Federal, State,
and local agencies and private firms
which undertake to study, survey,

map, and identify flood plain, mudslide
(i.e., mudflow) or flood-related erosion
areas, and cooperate with neighboring
communities with respect to the management of adjoining flood plain, mudslide (i.e., mudflow) and/or flood-related erosion areas in order to prevent
aggravation of existing hazards;
(v) Upon occurrence, notify the Administrator in writing whenever the
boundaries of the community have
been modified by annexation or the
community has otherwise assumed or
no longer has authority to adopt and
enforce flood plain management regulations for a particular area. In order
that all FHBM’s and FIRM’s accurately represent the community’s
bound aries, include within such notification a copy of a map of the community suitable for reproduction, clearly
delineating the new corporate limits or
new area for which the community has
assumed or relinquished flood plain
management regulatory authority.
(b) An applicant shall legislatively:
(1) Appoint or designate the agency
or official with the responsibility, authority, and means to implement the
commitments made in paragraph (a) of
this section, and
(2) Designate the official responsible
to submit a report to the Administrator concerning the community participation in the Program, including,
but not limited to the development and
implementation of flood plain management regulations. This report shall be
submitted annually or biennially as determined by the Administrator.
(c) The documents required by paragraph (a) of this section and evidence
of the actions required by paragraph
(b) of this section shall be submitted to
the Federal Emergency Management
Agency, Washington DC 20472.
[41 FR 46968, Oct. 26, 1976. Redesignated at 44
FR 31177, May 31, 1979 and amended at 48 FR
29318, June 24, 1983; 48 FR 44543 and 44552,
Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984; 49 FR
33656, Aug. 24, 1984; 50 FR 36023, Sept. 4, 1985]

§ 59.23 Priorities for the sale of flood
insurance under the regular program.
Flood-prone, mudslide (i.e., mudflow)
and flood-related erosion prone communities are placed on a register of
areas eligible for ratemaking studies

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