44 CFR 59.22 and 59.24

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Citation: CFR 192 2012

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§ 59.21
(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-

44 CFR Ch. 1 (10-1-11 Edition)
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;

Federal Emergency Management Agency, DHS
(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 Federal Insurance Administrator at his/her request, in his/
her delineation of the limits of the
areas having special flood, mudslide
(i.e., mudflow) or flood-related 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 Federal Insurance 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;

§ 59.22

(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 floodrelated erosion areas in order to prevent aggravation of existing hazards;
(v) Upon occurrence, notify the Federal Insurance 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 boundaries, 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 Federal Insurance 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
Federal Insurance 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
§ 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
and then selected from this register for
ratemaking studies on the basis of the
following considerations(a) Recommendations of State officials;
(b) Location of community and urgency of need for flood insurance;
(c) Population of community and intensity of existing or proposed development of the flood plain, the mudslide
(i.e., mudflow) and the flood-related
erosion area;
(d) Availability of information on the
community with respect to its flood,
mudslide (i.e., mudflow) and flood-related erosion characteristics and previous losses;
(e) Extent of State and local progress
in flood plain, mudslide (i.e., mudflow)
area and flood-related erosion area
management, including adoption of
flood plain management regulations
consistent with related ongoing programs in the area.
[41 FR 46968, Oct. 26, 1976. Redesignated at 44
FR 31177, May 31, 1979]
§ 59.24 Suspension of community eligibility.
(a) A community eligible for the sale
of flood insurance shall be subject to
suspension from the Program for failing to submit copies of adequate flood
plain management regulations meeting
the minimum requirements of paragraphs (b), (c), (d), (e) or (f) of §60.3 or
paragraph (b) of §§60.4 or 60.5, within
six months from the date the Federal
Insurance Administrator provides the
data upon which the flood plain regulations for the applicable paragraph shall
be based. Where there has not been any
submission by the community, the
Federal Insurance Administrator shall
notify the community that 90 days remain in the six month period in order
to submit adequate flood plain management regulations. Where there has
been an inadequate submission, the
Federal Insurance Administrator shall
notify the community of the specific
deficiencies in its submitted flood plain

44 CFR Ch. 1 (10-1-11 Edition)
management regulations and inform
the community of the amount of time
remaining within the six month period.
If, subsequently, copies of adequate
flood plain management regulations
are not received by the Administrator,
no later than 30 days before the expiration of the original six month period
the Federal Insurance Administrator
shall provide written notice to the
community and to the state and assure
publication in the FEDERAL REGISTER
under part 64 of this subchapter of the
communitys loss of eligibility for the
sale of flood insurance, such suspension
to become effective upon the expiration of the six month period. Should
the community remedy the defect and
the Federal Insurance Administrator
receive copies of adequate flood plain
management regulations within the
notice period, the suspension notice
shall be rescinded by the Federal Insurance Administrator. If the Federal Insurance Administrator receives notice
from the State that it has enacted adequate flood plain management regulations for the community within the notice period, the suspension notice shall
be rescinded by the Federal Insurance
Administrator. The community's eligibility shall remain terminated after
suspension until copies of adequate
flood plain management regulations
have been received and approved by the
Federal Insurance Administrator.
(b) A community eligible for the sale
of flood insurance which fails to adequately enforce flood plain management regulations meeting the minimum requirements set forth in §§60.3,
60.4 and/or 60.5 shall be subject to probation. Probation shall represent formal notification to the community
that the Federal Insurance Administrator regards the community's flood
plain management program as not
compliant with NFIP criteria. Prior to
imposing probation, the Federal Insurance Administrator (1) shall inform the
community upon 90 days prior written
notice of the impending probation and
of the specific program deficiencies and
violations relative to the failure to enforce, (2) shall, at least 60 days before
probation is to begin, issue a press release to local media explaining the reasons for and the effects of probation,
and (3) shall, at least 90 days before

Federal Emergency Management Agency, DHS
probation is to begin, advise all policyholders in the community of the impending probation and the additional
premium that will be charged, as provided in this paragraph, on policies
sold or renewed during the period of
probation. During this 90-day period
the community shall have the opportunity to avoid probation by demonstrating compliance with Program
requirements, or by correcting Program deficiencies and remedying all
violations to the maximum extent possible. If, at the end of the 90-day period,
the Federal Insurance Administrator
determines that the community has
failed to do so, the probation shall go
into effect. Probation may be continued for up to one year after the community corrects all Program deficiencies and remedies all violations to
the maximum extent possible. Flood
insurance may be sold or renewed in
the community while it is on probation. Where a policy covers property located in a community placed on probation on or after October 1, 1986, but
prior to October 1, 1992, an additional
premium of $25.00 shall be charged on
each such policy newly issued or renewed during the one-year period beginning on the date the community is
placed on probation and during any
successive one-year periods that begin
prior to October 1, 1992. Where a community's probation begins on or after
October 1, 1992, the additional premium
described in the preceding sentence
shall be $50.00, which shall also be
charged during any successive one-year
periods during which the community
remains on probation for any part
thereof. This $50.00 additional premium
shall further be charged during any
successive one-year periods that begin
on or after October 1, 1992, where the
preceding one-year probation period
began prior to October 1, 1992.
(c) A community eligible for the sale
of flood insurance which fails to adequately enforce its flood plain management regulations meeting the minimum requirements set forth in §§60.3,
60.4 and/or 60.5 and does not correct its
Program deficiencies and remedy all
violations to the maximum extent possible in accordance with compliance
deadlines established during a period of
probation shall be subject to suspen-

§ 59.24

sion of its Program eligibility. Under
such circumstances, the Federal Insurance Administrator shall grant the
community 30 days in which to show
cause why it should not be suspended.
The Federal Insurance Administrator
may conduct a hearing, written or oral,
before commencing suspensive action.
If a community is to be suspended, the
Federal Insurance Administrator shall
inform it upon 30 days prior written
notice and upon publication in the
FEDERAL REGISTER

under part 64 of this

subchapter of its loss of eligibility for
the sale of flood insurance. In the event
of impending suspension, the Federal
Insurance Administrator shall issue a
press release to the local media explaining the reasons and effects of the
suspension. The community's eligibility shall only be reinstated by the
Federal Insurance Administrator upon
his receipt of a local legislative or executive measure reaffirming the community's formal intent to adequately
enforce the flood plain management requirements of this subpart, together
with evidence of action taken by the
community to correct Program deficiencies and remedy to the maximum
extent possible those violations which
caused the suspension. In certain cases,
the Federal Insurance Administrator,
in order to evaluate the community's
performance under the terms of its submission, may withhold reinstatement
for a period not to exceed one year
from the date of his receipt of the satisfactory submission or place the community on probation as provided for in
paragraph (b) of this section.
(d) A community eligible for the sale
of flood insurance which repeals its
flood plain management regulations,
allows its regulations to lapse, or
amends its regulations so that they no
longer meet the minimum requirements set forth in §§ 60.3, 60.4 and/or
60.5 shall be suspended from the Program. If a community is to be suspended, the Federal Insurance Administrator shall inform it upon 30 days
prior written notice and upon publication in the FEDERAL REGISTER under
part 64 of this subchapter of its loss of
eligibility for the sale of flood insurance. The community eligibility shall
remain terminated after suspension
until copies of adequate flood plain

§ 59.30
management regulations have been received and approved by the Federal Insurance Administrator.
(e) A community eligible for the sale
of flood insurance may withdraw from
the
Program
by
submitting
to
theFederal Insurance Administrator a
copy of a legislative action that explicitly states its desire to withdraw from
the National Flood Insurance Program.
Upon receipt of a certified copy of a
final legislative action, the Federal Insurance Administrator shall withdraw
the community from the Program and
publish in the FEDERAL REGISTER under
part 64 of this subchapter its loss of eligibility for the sale of flood insurance.
A community that has withdrawn from
the Program may be reinstated if its
submits the application materials specified in § 59.22(a).
(f) If during a period of ineligibility
under paragraphs (a), (d), or (e) of this
section, a community has permitted
actions to take place that have aggravated existing flood plain, mudslide
(i.e., mudflow) and/or flood related erosion hazards, the Federal Insurance Administrator may withhold reinstatement until the community submits evidence that it has taken action to remedy to the maximum extent possible
the increased hazards. The Administrator may also place the reinstated
community on probation as provided
for in paragraph (b) of this section.
(g) The Federal Insurance Administrator shall promptly notify the servicing company and any insurers issuing
flood insurance pursuant to an arrangement with the Federal Insurance
Administrator of those communities
whose eligibility has been suspended or
which have withdrawn from the program. Flood insurance shall not be sold
or renewed in those communities. Policies sold or renewed within a community during a period of ineligibility are
deemed to be voidable by the Federal
Insurance Administrator whether or
not the parties to sale or renewal had
actual notice of the ineligibility.
[41 FR 46968, Oct. 26, 1976. Redesignated at 44
FR 31177, May 31, 1979, and amended at 48 FR
44543 and 44552, Sept. 29, 1983; 49 FR 4751, Feb.
8, 1984; 50 FR 36023, Sept. 4, 1985; 57 FR 19540,
May 7, 1992; 59 FR 53598, Oct. 25, 1994; 62 FR
55715, Oct. 27, 1997]

44 CFR Ch. 1 (10-1-11 Edition)

Subpart C-Pilot Inspection

Program
§ 59.30

A pilot inspection procedure.

(a) Purpose. This section sets forth
the criteria for implementing a pilot
inspection procedure in Monroe County
and the Village of Islamorada, Florida.
Areas within Monroe County that become communities by incorporating on
or after January 1, 1999, are required to
implement the pilot inspection procedure as a condition of participating in
the NIP. The criteria will also be used
to implement the pilot inspection procedure in these communities. The purpose of this inspection procedure is to
provide the communities participating
in the pilot inspection procedure with
an additional means to identify whether structures built in Special Flood
Hazard Areas (SFHAs) after the effective date of the initial Flood Insurance
Rate Map (FIRM) comply with the
community's floodplain management
regulations. The pilot inspection procedure will also assist FEMA in verifying
that structures insured under the National
Flood Insurance
Program's
Standard Flood Insurance Policy are
properly rated. FEMA will publish notices in the FEDERAL REGISTER when
communities in Monroe County incorporate, agree to implement the pilot
inspection procedure, and become eligible for the sale of flood insurance.
(b) Proceduresand requirements for implementation. Each community must establish procedures and requirements
for implementing the pilot inspection
procedure consistent with the criteria
established in this section.
(c) Inspection procedure-(1) Starting
and termination dates. The Federal Insurance Administrator will establish
the starting date and the termination
date for implementing the pilot inspection procedure upon the recommendation of the Regional Administrator.
The Regional Director will consult
with each community.
(2) Extension. TheFederal Insurance
Administrator may extend the implementation of the inspection procedure
with a new termination date upon the