Title 44 CFR 59.2

44 CFR Ch. I (10-1-05 Edition)

§59.2
§ 59.2

Description of program.
(a) The National Flood Insurance Act
of 1968 was enacted by title XIII of the
Housing and Urban Development Act of
1968 (Pub. L. 90-448, August I, 1968) to
provide previously unavailable flood
insurance protection to property own­
ers in flood-prone areas. Mudslide (as
defined in § 59. 1) protection was added
to the Program by the Housing and
Urban Development Act of 1969 (Pub. L.
91-152, December 24, 1969), Flood-re­
lated erosion (as defined in § 59, I) pro­
tection was added to the Program by
the Flood Disaster Protection Act of
1973 (Pub, L. 93-234, December 31. 1973) ,
The Flood Disaster Protection Act of
1973 requires the purchase of flood in­
surance on and after March 2, 1974, as a
condition of receiving any form of Fed­
eral or federally-related financial as­
sistance for acquisi tion or construction
purposes with respect to insurable
buildings and mobile homes within an
identified special flood, mudslide (I.e"
mudflow), or flood-related erosion haz­
ard area that is located within any
community participating in the Pro­
gram, The Act also requires that on
and after July I, 1975, or one year after
a community has been formally noti­
fied by the Administrator of its identi­
fication as community containing one
or more special flood, mudslide (i.e"
mudflow), or flood-related erosion haz­
ard areas, no such Federal financial as­
sistance, shall be provided within such
an area unless the community in which
the area is located is then partici­
pating in the Program, subject to cer­
tain exceptions, See FIA published
Guidelines at §59,4(c),
(b) To qualify for the sale of feder­
ally-subsidized flood insurance a com­
munity must adopt and submit to the
Administrator as part of its applica­
tion, flood plain management regula­
tions, satisfying at a minimum the cri­
teria set forth at part 60 of this sub­
chapter, designed to reduce or avoid fu­
ture flood, mudslide (i.e" mud flow) or
flood-related erosion damages, These
regulations must include effective en­
forcement provisions ,
(c) Minimum requirements for ade­
quate flood plain management regula­
tions are set forth in § 60,3 for flood­
prone areas, in § 60,4 for mudslide (I.e"
mudflow) areas and in §60,5 for flood­

related erosion areas . Those applicable
requirements and standards are based
on the amount of technical informa­
tion available to the community,
141 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 48 FR
44552, Sept, 29, 1983: 49 FR 4751. F e b, 8, 19841

§ 59.3

Emergency program.
The 1968 Act required a risk study to
be undertaken for each community be­
fore it could become eligible for the
sale of flood insurance, Since this re­
quirement resul ted in a delay in pro­
viding insurance, the Congress, in sec­
tion 408 of the Housing and Urban De­
velopment Act of 1969 (Pub, L. 91-152,
December 24 , 1969), established an
Emergency Flood Insurance Program
as a new section 1336 of the National
Flood Insurance Act (42 U.S,c. 4056) to
permit the early sale of insurance in
flood-prone communities, The emer­
gency program does not affect the re­
quirement that a commu n i ty must
adopt adequate flood plain manage­
ment regulations pursuant to part 60 of
this subchapter but permi ts insurance
to be sold before a study is conducted
to determine risk premium rates for
the community, The program still re­
quires upon the effective date of a
FIRM the charging of risk premium
rates for all new construction and sub­
stantial improvements and for higher
limits of coverage for existing struc­
tures ,
143 FR 7140, Feb , 17, 1978, Redesignated at 44
FR 31177, May 31, 1979, and amended at 48 FR
44543, Sept, 29, 19831
§ 59.4

References.
(a) The following are statutory ref­
erences for the National Flood Insur­
ance Program, under which these regu­
lations are issued:
(I) National Flood Insurance Act of
1968 (title XlII of the Housing and
Urban Development Act of 1968), Pub,
L. 90-448, approved August I, 1968, 42
USc. 4001 et seq,
(2) Housing and Urban Development
Act of 1969 (Pub. L. 91-152 , approved De­
cember 24, 1969),
(3) Flood Disaster Protection Act of
1973 (87 Stat, 980), Public Law 93-234,
approved December 31, 1973,

244

§59.22

Federal Emergency Management Agency, DHS
(4) Section 816 of the Housing and
Community Development Act of 1974
(87 Stat. 975). Public Law 93-383. ap­
proved August 22, 1974.
(5) Public Law 5-128 (effective Octo­
ber 12, 1977),
(6) The above statutes are included in
42 U.s.C. 4001 et seq.
(b) The following are references rei·
evant to the National Flood Insurance
Program:
(I) 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 Publ ic
Law 94-370.
(5) Water Resources Planning Act
(Pub. L. 89-90), as amended Public Law
94-112 (October 16, 1975).
(6) Ti tie I, National Environmental
Policy Act (Pub. L. 91-190) .
(7) Land and Water Conservation
Fund Act (Pub. L. 89-578), and subse­
quent amendments thereto.
(8) Water Resources Council. Prin­
cipals 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 En­
vironment), dated May 13, 1971 (36 FR
8921, May 15,1971).
(10) 89th Cong., 2nd Session, H.D. 465.
(II) 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 (Guid­
ance 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 guidel ines
represent the views of the Federal In­
surance Administration with respect to
the mandatory purchase of flood insur­

ance under section 102 of the Flood Dis­
aster Protection Act of 1973: Manda­
tory Purchase of Flood Insurance
Guidelines (54 FR 29666-29695, July 13,
1989).
141 FR 46968. Oct. 26. 1976. as amended at 43
FR 7140. Feb. 17. 1978. Redesignated at 44 FR
31177. May 31. 1979. and amended at 57 FR
19540. May 7. 1992J

Subpart B-Eligibility Requirements
§ 59.21

Purpose of subpart.

This subpart lists actions that must
be taken by a community to become el­
igible and to remain el igible for the
Program.
141 FR 46968. Oct. 26. 1976 . Redesignated at 44
FR 31177. May 31. 1979J

§ 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 jurisdic­
tion, and shall submit:
(I) Copies of legislative and executive
actions indicating a local need for
flood insurance and an explicit desire
to participate in the National Flood In­
surance Program;
(2) Citations to State and local stat­
utes and ordinances authorizing ac­
tions regulating land use and copies of
the local laws and regulations cited;
(3) A copy of the flood plain manage­
ment regulations the comm u nity has
adopted to meet the require ments of
§§ 60.3, 60.4 and/or § 605 of t his sub­
chapter. This submission shall include
copies of any zoning, building, and sub­
division regulations, health codes, spe­
cial purpose ordinances (such as a flood
plain ordinance, grading ordinance, or
flood-related erosion cont ro l ordi­
nance), and any other correc tive and
preventive measures enacted t o reduce
or prevent flood, mudslide (i.e .. mud­
flow) or flood-related erosion d amage;
(4) A list of the incorporated commu­
nities within the applicant 's bound­
aries;
(5) Estimates relating to the commu­
nity as a whole and to the flood,
mudslide (i.e .. mudflow) and flood-re­
lated erosion prone areas concerning:
(i) Population;

245

44 CFR Ch. I (lo-l-{)2 Edition)

§59.23
(ij) Number of one to four family
residences;
(iii) Number of small businesses; and
(iv) Number of all other structures.
(6) Address of a local reposi tory, such
as a municipal building. where the
Flood Hazard Boundary Maps (FHBM's)
and Flood Insurance Rate Maps
(FIRM's) will be made ava ilable for
public inspection ;
(7) A summary of any State or Fed­
eral activities with respect to flood
plain, mudslide (i.e., mudllow) or llood­
related erosion area management with­
in the community, such as federally·
funded flood con trol projects and
State-administered flood plain man­
agement regulations;
(8) A commitment to recognize and
duly evaluate flood, mudslide (i.e.,
mudflow) andJor flood-related erosion
hazards in all official actions in the
areas having special flood, mudslide
(i.e., mudflow) andJor flood-related ero­
sion hazards and to take such other of­
ficial action reasonably necessary to
carry out the objectives of the pro­
gram; and
(9) A commitment to:
(i) Assist the Administrator at hi s!
her request, in hiSiher delineation of
the limits of the areas having special
llood, mudslide (i.e., mudllow) or flood­
related erosion hazards;
(ii) Provide such information con­
cerning present uses and occupancy of
the llood plain, mudslide (i.e., mud­
flow) or flood-related erosion areas as
the Administrator may request;
(iii) Maintain for public inspection
and furnish upon request, for the deter­
mination of app licable 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 sub­
stantially improved structures, and in­
clude whether or not such structures
contain a basement, and if the struc­
ture has been floodproofed, the ele­
vation (in relation to mean sea level)
to
which
the
structure
was
floodproofed;
(iv) Cooperate with Federal, State,
and local agencies and pri vate firms
which undertake to study, survey,

map, and identify llood plain, mudslide
(i.e., mudflow) or llood-related eros ion
areas, and cooperate with neighbo ring
communities with respect to t he man·
agement of adjoi ning llood plain , mud­
slide (i.e., mud flow) andJor flood-re­
lated erosion areas in order to prevent
aggravation of existing hazards ;
(v) Upon occurrence, notify the Ad­
mini s trator 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 llood plain management reg u­
lations for a particular area. In order
that a ll FHBM's and FIRM's accu­
rately represent the commu nity 'S
bound aries, include wi thin such notifi­
cation a copy of a map of th e commu­
ni ty sui table for reproducti on , clearly
delineating the new corporate limi ts or
new area for which the community has
assumed or relinquished flood plain
manag'ement regulatory authority.
(b) An app licant shall legislatively:
(1) AppOint or designate the agency
or official wi th the responsi bili ty, au ­
thority, a nd means to implement the
commitments made in paragraph (a) of
this section, and
(2) Desi gnate the official res ponsible
to submit a report to the AdminiS­
trator concerning the community par­
ticipation in the Program, including.
but not limited to the development and
implementation of flood plain manage­
ment regulations. This repor t shall be
submitted annually or biennia lly as de­
termined by the Administrator.
(c) The documents required by para­
graph (a) of this section and evidence
of the actio ns required by paragraph
(b) of this section shall be submi tted to
the Federal Emergency Management
Agency, Washington DC 20472.
[41 FR 46968. Oct. 26. 1976. Redesig-nated 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 pro­
gram.
Flood-prone, mudslide (i.e., mudflow)
and flood-related erosion prone com­
munities are placed on a register of
areas eligible for ratemaking studies

246