44 Cfr 60.5

§ 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

206

VerDate Mar<15>2010

12:15 Nov 19, 2013

Jkt 229192

PO 00000

Frm 00216

Fmt 8010

Sfmt 8010

Q:\44\44V1.TXT

ofr150

PsN: PC150

Federal Emergency Management Agency, DHS
special flood-related erosion 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 the issuance of a permit
for all proposed construction, or other
development in the area of flood-related erosion hazard, as it is known to
the community;
(2) Require review of each permit application to determine whether the
proposed site alterations and improvements will be reasonably safe from
flood-related erosion and will not cause
flood-related erosion hazards or otherwise aggravate the existing flood-related erosion hazard; and
(3) If a proposed improvement is
found to be in the path of flood-related
erosion or to increase the erosion hazard, require the improvement to be relocated or adequate protective measures to be taken which will not aggravate the existing erosion hazard.
(b) When the Federal Insurance Administrator has delineated Zone E on
the community’s FIRM, the community shall
(1) Meet the requirements of paragraph (a) of this section; and
(2) Require a setback for all new development from the ocean, lake, bay,
riverfront or other body of water, to
create a safety buffer consisting of a
natural vegetative or contour strip.
This buffer will be designated by the
Federal Insurance Administrator according to the flood-related erosion
hazard and erosion 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 Federal Insurance Administrator does not set forth absolute criteria for granting variances from the
criteria set forth in §§ 60.3, 60.4, and

§ 60.6

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 Federal Insurance 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 Federal Insurance
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

207

VerDate Mar<15>2010

12:15 Nov 19, 2013

Jkt 229192

PO 00000

Frm 00217

Fmt 8010

Sfmt 8010

Q:\44\44V1.TXT

ofr150

PsN: PC150