44 CFR 60.6 - Variances and Exceptions

§ 60.6

44 CFR Ch. I (10–1–10 Edition)

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.

wwoods2 on DSK1DXX6B1PROD with CFR

[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

60.5. 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

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Federal Emergency Management Agency, DHS
safety, extraordinary public expense,
create nuisances, cause fraud on or victimization of the public, or conflict
with existing local laws or ordinances;
(4) Variances shall only be issued
upon a determination that the variance
is the minimum necessary, considering
the flood hazard, to afford relief;
(5) A community shall notify the applicant in writing over the signature of
a community official that (i) the
issuance of a variance to construct a
structure below the base flood level
will result in increased premium rates
for flood insurance up to amounts as
high as $25 for $100 of insurance coverage and (ii) such construction below
the base flood level increases risks to
life and property. Such notification
shall be maintained with a record of all
variance actions as required in paragraph (a)(6) of this section; and
(6) A community shall (i) maintain a
record of all variance actions, including justification for their issuance, and
(ii) report such variances issued in its
annual or biennial report submitted to
the Federal Insurance Administrator.
(7) Variances may be issued by a
community for new construction and
substantial improvements and for
other development necessary for the
conduct of a functionally dependent
use provided that (i) the criteria of
paragraphs (a)(1) through (a)(4) of this
section are met, and (ii) the structure
or other development is protected by
methods that minimize flood damages
during the base flood and create no additional threats to public safety.
(b)(1) The requirement that each
flood-prone, mudslide (i.e., mudflow)prone, and flood-related erosion prone
community must adopt and submit
adequate flood plain management regulations as a condition of initial and
continued flood insurance eligibility is
statutory and cannot be waived, and
such regulations shall be adopted by a
community within the time periods
specified in §§ 60.3, 60.4 or § 60.5. However, certain exceptions from the
standards contained in this subpart
may be permitted where the Federal
Insurance Administrator recognizes
that, because of extraordinary circumstances, local conditions may
render the application of certain standards the cause for severe hardship and

§ 60.6

gross inequity for a particular community. Consequently, a community proposing the adoption of flood plain management regulations which vary from
the standards set forth in §§ 60.3, 60.4, or
§ 60.5, shall explain in writing to the
Federal Insurance Administrator the
nature and extent of and the reasons
for the exception request and shall include sufficient supporting economic,
environmental, topographic, hydrologic, and other scientific and technical data, and data with respect to the
impact on public safety and the environment.
(2) The Federal Insurance Administrator shall prepare a Special Environmental Clearance to determine whether the proposal for an exception under
paragraph (b)(1) of this section will
have significant impact on the human
environment. The decision whether an
Environmental Impact Statement or
other environmental document will be
prepared, will be made in accordance
with the procedures set out in 44 CFR
part 10. Ninety or more days may be required for an environmental quality
clearance if the proposed exception will
have significant impact on the human
environment thereby requiring an EIS.
(c) A community may propose flood
plain management measures which
adopt standards for floodproofed residential basements below the base flood
level in zones A1–30, AH, AO, and AE
which are not subject to tidal flooding.
Notwithstanding the requirements of
paragraph (b) of this section the Federal Insurance Administrator may approve the proposal provided that:
(1) The community has demonstrated
that areas of special flood hazard in
which basements will be permitted are
subject to shallow and low velocity
flooding and that there is adequate
flood warning time to ensure that all
residents are notified of impending
floods. For the purposes of this paragraph flood characteristics must include:
(i) Flood depths that are five feet or
less for developable lots that are contiguous to land above the base flood
level and three feet or less for other
lots;
(ii) Flood velocities that are five feet
per second or less; and

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§ 60.7

44 CFR Ch. I (10–1–10 Edition)

(iii) Flood warning times that are 12
hours or greater. Flood warning times
of two hours or greater may be approved if the community demonstrates
that it has a flood warning system and
emergency plan in operation that is
adequate to ensure safe evacuation of
flood plain residents.
(2) The community has adopted flood
plain management measures that require that new construction and substantial improvements of residential
structures with basements in zones A1–
30, AH, AO, and AE shall:
(i) Be designed and built so that any
basement area, together with attendant utilities and sanitary facilities
below the floodproofed design level, is
watertight with walls that are impermeable to the passage of water without
human intervention. Basement walls
shall be built with the capacity to resist hydrostatic and hydrodynamic
loads and the effects of buoyancy resulting
from
flooding
to
the
floodproofed design level, and shall be
designed so that minimal damage will
occur from floods that exceed that
level. The floodproofed design level
shall be an elevation one foot above the
level of the base flood where the difference between the base flood and the
500-year flood is three feet or less and
two feet above the level of the base
flood where the difference is greater
than three feet.
(ii) Have the top of the floor of any
basement area no lower than five feet
below the elevation of the base flood;
(iii) Have the area surrounding the
structure on all sides filled to or above
the elevation of the base flood. Fill
must be compacted with slopes protected by vegetative cover;
(iv) Have a registered professional
engineer or architect develop or review
the building’s structural design, specifications, and plans, including consideration of the depth, velocity, and duration of flooding and type and permeability of soils at the building site, and
certify that the basement design and
methods of construction proposed are
in accordance with accepted standards
of practice for meeting the provisions
of this paragraph;
(v) Be inspected by the building inspector or other authorized representative of the community to verify that

the structure is built according to its
design and those provisions of this section which are verifiable.
[41 FR 46975, Oct. 26, 1976. Redesignated at 44
FR 31177, May 31, 1979, as amended at 48 FR
44543 and 44552, Sept. 29, 1983; 49 FR 4751, Feb.
8, 1984; 50 FR 36025, Sept. 4, 1985; 51 FR 30308,
Aug. 25, 1986; 54 FR 33550, Aug. 15, 1989]

§ 60.7 Revisions of criteria for flood
plain management regulations.
From time to time part 60 may be revised as experience is acquired under
the Program and new information becomes available. Communities will be
given six months from the effective
date of any new regulation to revise
their flood plain management regulations to comply with any such changes.
§ 60.8

Definitions.

The definitions set forth in part 59 of
this subchapter are applicable to this
part.

Subpart B—Requirements for State
Flood
Plain
Management
Regulations
§ 60.11

Purpose of this subpart.

(a) A State is considered a ‘‘community’’ pursuant to § 59.1 of this subchapter; and, accordingly, the Act provides that flood insurance shall not be
sold or renewed under the Program unless a community has adopted adequate
flood plain management regulations
consistent with criteria established by
the Federal Insurance Administrator.
(b) This subpart sets forth the flood
plain management criteria required for
State-owned properties located within
special hazard areas identified by the
Federal Insurance Administrator. A
State shall satisfy such criteria as a
condition to the purchase of a Standard Flood Insurance Policy for a Stateowned structure or its contents, or as a
condition to the approval by the Federal Insurance Administrator, pursuant
to part 75 of this subchapter, of its plan
of self-insurance.
[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]

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