44 Cfr 60.4

44 CFR Sec 60.4.pdf

Application for Participation in the National Flood Insurance Program (NFIP)

44 CFR 60.4

OMB: 1660-0004

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Federal Emergency Management Agency, DHS
A recreational vehicle is ready for
highway use if it is on its wheels or
jacking system, is attached to the site
only by quick disconnect type utilities
and security devices, and has no permanently attached additions.
(f) When the Federal Insurance Administrator has provided a notice of
final base flood elevations within
Zones A1–30 or AE on the community’s
FIRM, and, if appropriate, has designated AH zones, AO zones, A99 zones,
and A zones on the community’s FIRM,
and has identified flood protection restoration areas by designating Zones
AR, AR/A1–30, AR/AE, AR/AH, AR/AO,
or AR/A, the community shall:
(1) Meet the requirements of paragraphs (c)(1) through (14) and (d)(1)
through (4) of this section.
(2) Adopt the official map or legal description of those areas within Zones
AR, AR/A1–30, AR/AE, AR/AH, AR/A, or
AR/AO that are designated developed
areas as defined in § 59.1 in accordance
with the eligibility procedures under
§ 65.14.
(3) For all new construction of structures in areas within Zone AR that are
designated as developed areas and in
other areas within Zone AR where the
AR flood depth is 5 feet or less:
(i) Determine the lower of either the
AR base flood elevation or the elevation that is 3 feet above highest adjacent grade; and
(ii) Using this elevation, require the
standards of paragraphs (c)(1) through
(14) of this section.
(4) For all new construction of structures in those areas within Zone AR
that are not designated as developed
areas where the AR flood depth is
greater than 5 feet:
(i) Determine the AR base flood elevation; and
(ii) Using that elevation require the
standards of paragraphs (c)(1) through
(14) of this section.
(5) For all new construction of structures in areas within Zone AR/A1–30,
AR/AE, AR/AH, AR/AO, and AR/A:
(i) Determine the applicable elevation for Zone AR from paragraphs
(a)(3) and (4) of this section;
(ii) Determine the base flood elevation or flood depth for the underlying A1–30, AE, AH, AO and A Zone;
and

§ 60.4

(iii) Using the higher elevation from
paragraphs (a)(5)(i) and (ii) of this section require the standards of paragraphs (c)(1) through (14) of this section.
(6) For all substantial improvements
to existing construction within Zones
AR/A1–30, AR/AE, AR/AH, AR/AO, and
AR/A:
(i) Determine the A1–30 or AE, AH,
AO, or A Zone base flood elevation; and
(ii) Using this elevation apply the requirements
of
paragraphs
(c)(1)
through (14) of this section.
(7) Notify the permit applicant that
the area has been designated as an AR,
AR/A1–30, AR/AE, AR/AH, AR/AO, or
AR/A Zone and whether the structure
will be elevated or protected to or
above the AR base flood elevation.
[41 FR 46975, Oct. 26, 1976]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 60.3, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and at www.fdsys.gov.

§ 60.4 Flood plain management criteria
for mudslide (i.e., mudflow)-prone
areas.
The Federal Insurance Administrator
will provide the data upon which flood
plain management regulations shall be
based. If the Federal Insurance Administrator has not provided sufficient
data to furnish a basis for these regulations in a particular community, the
community shall obtain, review, and
reasonably utilize data available from
other Federal, State or other sources
pending receipt of data from the Federal Insurance Administrator. However, when special mudslide (i.e., mudflow) hazard area designations have
been furnished by the Federal Insurance Administrator, they shall apply.
The symbols defining such special
mudslide (i.e., mudflow) hazard designations are set forth in § 64.3 of this
subchapter. In all cases, the minimum
requirements for mudslide (i.e., mudflow)-prone areas adopted by a particular community depend on the
amount of technical data provided to
the community by the Federal Insurance Administrator. Minimum standards for communities are as follows:
(a) When the Federal Insurance Administrator has not yet identified any

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§ 60.5

44 CFR Ch. I (10–1–13 Edition)

area within the community as an area
having special mudslide (i.e., mudflow)
hazards, but the community has indicated the presence of such hazards by
submitting an application to participate in the Program, the community
shall
(1) Require permits for all proposed
construction or other development in
the community so that it may determine whether development is proposed
within mudslide (i.e., mudflow)-prone
areas;
(2) Require review of each permit application to determine whether the
proposed site and improvements will be
reasonably safe from mudslides (i.e.,
mudflows). Factors to be considered in
making such a determination should
include but not be limited to (i) the
type and quality of soils, (ii) any evidence of ground water or surface water
problems, (iii) the depth and quality of
any fill, (iv) the overall slope of the
site, and (v) the weight that any proposed structure will impose on the
slope;
(3) Require, if a proposed site and improvements are in a location that may
have mudslide (i.e., mudflow) hazards,
that (i) a site investigation and further
review be made by persons qualified in
geology and soils engineering, (ii) the
proposed grading, excavations, new
construction, and substantial improvements are adequately designed and protected against mudslide (i.e., mudflow)
damages, (iii) the proposed grading, excavations, new construction and substantial improvements do not aggravate the existing hazard by creating either on-site or off-site disturbances,
and (iv) drainage, planting, watering,
and maintenance be such as not to endanger slope stability.
(b) When the Federal Insurance Administrator has delineated Zone M on
the community’s FIRM, the community shall:
(1) Meet the requirements of paragraph (a) of this section; and
(2) Adopt and enforce a grading ordinance or regulation in accordance with
data supplied by the Federal Insurance
Administrator which (i) regulates the
location of foundation systems and
utility systems of new construction
and substantial improvements, (ii) regulates the location, drainage and main-

tenance of all excavations, cuts and
fills and planted slopes, (iii) provides
special requirements for protective
measures including but not necessarily
limited to retaining walls, buttress
fills, sub-drains, diverter terraces,
benchings, etc., and (iv) requires engineering drawings and specifications to
be submitted for all corrective measures, accompanied by supporting soils
engineering and geology reports. Guidance may be obtained from the provisions of the 1973 edition and any subsequent edition of the Uniform Building
Code, sections 7001 through 7006, and
7008 through 7015. The Uniform Building Code is published by the International Conference of Building Officials, 50 South Los Robles, Pasadena,
California 91101.
[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]

§ 60.5 Flood plain management criteria
for
flood-related
erosion-prone
areas.
The Federal Insurance Administrator
will provide the data upon which flood
plain management regulations for
flood-related erosion-prone areas shall
be based. If the Federal Insurance Administrator has not provided sufficient
data to furnish a basis for these regulations in a particular community, the
community shall obtain, review, and
reasonably utilize data available from
other Federal, State or other sources,
pending receipt of data from the Federal Insurance Administrator. However, when special flood-related erosion
hazard area designations have been furnished by the Federal Insurance Administrator they shall apply. The symbols defining such special flood-related
erosion hazard designations are set
forth in § 64.3 of this subchapter. In all
cases the minimum requirements governing the adequacy of the flood plain
management regulations for flood-related erosion-prone areas adopted by a
particular community depend on the
amount of technical data provided to
the community by the Federal Insurance Administrator. Minimum standards for communities are as follows:
(a) When the Federal Insurance Administrator has not yet identified any
area within the community as having

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