44 CFR Part 60

Pt. 60

44 CFR Ch. I (10–1–21 Edition)

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; 85 FR 68789, Oct. 30, 2020]

PART 60—CRITERIA FOR LAND
MANAGEMENT AND USE
Subpart A—Requirements for Flood Plain
Management Regulations
Sec.
60.1 Purpose of subpart.
60.2 Minimum compliance with flood plain
management criteria.
60.3 Flood plain management criteria for
flood-prone areas.
60.4 Flood plain management criteria for
mudslide (i.e., mudflow)-prone areas.
60.5 Flood plain management criteria for
flood-related erosion-prone areas.
60.6 Variances and exceptions.
60.7 Revisions of criteria for flood plain
management regulations.
60.8 Definitions.

Subpart B—Requirements for State Flood
Plain Management Regulations
60.11 Purpose of this subpart.
60.12 Flood plain management criteria for
State-owned properties in special hazard
areas.
60.13 Noncompliance.

Subpart C—Additional Considerations in
Managing Flood-Prone, Mudslide (i.e.,
Mudflow)-Prone, and Flood-Related
Erosion-Prone Areas
60.21 Purpose of this subpart.
60.22 Planning considerations for floodprone areas.
60.23 Planning considerations for mudslide
(i.e., mudflow)-prone areas.
60.24 Planning considerations for flood-related erosion-prone areas.
60.25 Designation, duties, and responsibilities of State Coordinating Agencies.
60.26 Local coordination.

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AUTHORITY: 42 U.S.C.
nization Plan No. 3 of
CFR, 1978 Comp., p. 329;
1979, 44 FR 19367, 3 CFR,

4001 et seq.; Reorga1978, 43 FR 41943, 3
E.O. 12127 of Mar. 31,
1979 Comp., p. 376.

SOURCE: 41 FR 46975, Oct. 26, 1976, unless
otherwise noted. Redesignated at 44 FR 31177,
May 31, 1979.

Subpart
A—Requirements
for
Flood
Plain
Management
Regulations
§ 60.1

Purpose of subpart.

(a) The Act provides that flood insurance shall not be sold or renewed under
the program within a community, unless the community has adopted adequate flood plain management regulations consistent with Federal criteria.
Responsibility for establishing such
criteria is delegated to the Federal Insurance Administrator.
(b) This subpart sets forth the criteria developed in accordance with the
Act by which the Federal Insurance
Administrator will determine the adequacy of a community’s flood plain
management regulations. These regulations must be legally-enforceable, applied uniformly throughout the community to all privately and publicly
owned
land
within
flood-prone,
mudslide (i.e., mudflow) or flood-related erosion areas, and the community must provide that the regulations
take precedence over any less restrictive conflicting local laws, ordinances
or codes. Except as otherwise provided
in § 60.6, the adequacy of such regulations shall be determined on the basis
of the standards set forth in § 60.3 for
flood-prone areas, § 60.4 for mudslide
areas and § 60.5 for flood-related erosion
areas.
(c) Nothing in this subpart shall be
construed as modifying or replacing
the general requirement that all eligible communities must take into account flood, mudslide (i.e., mudflow)
and flood-related erosion hazards, to
the extent that they are known, in all
official actions relating to land management and use.
(d) The criteria set forth in this subpart are minimum standards for the
adoption of flood plain management
regulations by flood-prone, mudslide
(i.e., mudflow)-prone and flood-related
erosion-prone communities. Any community may exceed the minimum criteria under this part by adopting more
comprehensive flood plain management
regulations utilizing the standards
such as contained in subpart C of this
part. In some instances, community officials may have access to information

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Fed. Emergency Mgmt. Agency, DHS

§ 60.3

or knowledge of conditions that require, particularly for human safety,
higher standards than the minimum
criteria set forth in subpart A of this
part. Therefore, any flood plain management regulations adopted by a
State or a community which are more
restrictive than the criteria set forth
in this part are encouraged and shall
take precedence.

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[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]

§ 60.2 Minimum compliance with flood
plain management criteria.
(a) A flood-prone community applying for flood insurance eligibility shall
meet the standards of § 60.3(a) in order
to become eligible if a FHBM has not
been issued for the community at the
time of application. Thereafter, the
community will be given a period of six
months from the date the Federal Insurance Administrator provides the
data set forth in § 60.3 (b), (c), (d), (e) or
(f), in which to meet the requirements
of the applicable paragraph. If a community has received a FHBM, but has
not yet applied for Program eligibility,
the community shall apply for eligibility directly under the standards set
forth in § 60.3(b). Thereafter, the community will be given a period of six
months from the date the Federal Insurance Administrator provides the
data set forth in § 60.3 (c), (d), (e) or (f)
in which to meet the requirements of
the applicable paragraph.
(b) A mudslide (i.e., mudflow)-prone
community applying for flood insurance eligibility shall meet the standards of § 60.4(a) to become eligible.
Thereafter, the community will be
given a period of six months from the
date the mudslide (i.e., mudflow) areas
having special mudslide hazards are delineated in which to meet the requirements of § 60.4(b).
(c) A flood-related erosion-prone
community applying for flood insurance eligibility shall meet the standards of § 60.5(a) to become eligible.
Thereafter, the community will be
given a period of six months from the
date the flood-related erosion areas
having special erosion hazards are delineated in which to meet the requirements of § 60.5(b).

(d) Communities identified in part 65
of this subchapter as containing more
than one type of hazard (e.g., any combination of special flood, mudslide (i.e.,
mudflow), and flood-related erosion
hazard areas) shall adopt flood plain
management regulations for each type
of hazard consistent with the requirements of §§ 60.3, 60.4 and 60.5.
(e) Local flood plain management
regulations may be submitted to the
State Coordinating Agency designated
pursuant to § 60.25 for its advice and
concurrence. The submission to the
State shall clearly describe proposed
enforcement procedures.
(f) The community official responsible for submitting annual or biennial
reports to the Federal Insurance Administrator pursuant to § 59.22(b)(2) of
this subchapter shall also submit copies of each annual or biennial report to
any State Coordinating Agency.
(g) A community shall assure that its
comprehensive plan is consistent with
the flood plain management objectives
of this part.
(h) The community shall adopt and
enforce flood plain management regulations based on data provided by the
Federal
Insurance
Administrator.
Without prior approval of the Federal
Insurance Administrator, the community shall not adopt and enforce flood
plain management regulations based
upon modified data reflecting natural
or man-made physical changes.
[41 FR 46975, Oct. 26, 1976. Redesignated at 44
FR 31177, May 31, 1979, as amended at 48 FR
29318, June 24, 1983; 48 FR 44552, Sept. 29, 1983;
49 FR 4751, Feb. 8, 1984; 50 FR 36024, Sept. 4,
1985; 59 FR 53598, Oct. 25, 1994; 62 FR 55716,
Oct. 27, 1997]

§ 60.3 Flood plain management criteria
for flood-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 flood hazard area

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§ 60.3

44 CFR Ch. I (10–1–21 Edition)

designations and water surface elevations have been furnished by the
Federal Insurance Administrator, they
shall apply. The symbols defining such
special flood 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-prone areas adopted by a particular community depend on the
amount of technical data formally provided to the community by the Federal
Insurance Administrator. Minimum
standards for communities are as follows:
(a) When the Federal Insurance Administrator has not defined the special
flood hazard areas within a community, has not provided water surface
elevation data, and has not provided
sufficient data to identify the floodway
or coastal high hazard area, 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, including the placement of manufactured homes, so that
it may determine whether such construction or other development is proposed within flood-prone areas;
(2) Review proposed development to
assure that all necessary permits have
been received from those governmental
agencies from which approval is required by Federal or State law, including section 404 of the Federal Water
Pollution Control Act Amendments of
1972, 33 U.S.C. 1334;
(3) Review all permit applications to
determine whether proposed building
sites will be reasonably safe from
flooding. If a proposed building site is
in a flood-prone area, all new construction and substantial improvements
shall (i) be designed (or modified) and
adequately anchored to prevent flotation, collapse, or lateral movement of
the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, (ii) be constructed with materials resistant to
flood damage, (iii) be constructed by
methods and practices that minimize
flood damages, and (iv) be constructed
with electrical, heating, ventilation,

plumbing, and air conditioning equipment and other service facilities that
are designed and/or located so as to
prevent water from entering or accumulating within the components during conditions of flooding.
(4) Review subdivision proposals and
other proposed new development, including manufactured home parks or
subdivisions, to determine whether
such proposals will be reasonably safe
from flooding. If a subdivision proposal
or other proposed new development is
in a flood-prone area, any such proposals shall be reviewed to assure that
(i) all such proposals are consistent
with the need to minimize flood damage within the flood-prone area, (ii) all
public utilities and facilities, such as
sewer, gas, electrical, and water systems are located and constructed to
minimize or eliminate flood damage,
and (iii) adequate drainage is provided
to reduce exposure to flood hazards;
(5) Require within flood-prone areas
new and replacement water supply systems to be designed to minimize or
eliminate infiltration of flood waters
into the systems; and
(6) Require within flood-prone areas
(i) new and replacement sanitary sewage systems to be designed to minimize
or eliminate infiltration of flood waters into the systems and discharges
from the systems into flood waters and
(ii) onsite waste disposal systems to be
located to avoid impairment to them
or contamination from them during
flooding.
(b) When the Federal Insurance Administrator has designated areas of
special flood hazards (A zones) by the
publication of a community’s FHBM or
FIRM, but has neither produced water
surface elevation data nor identified a
floodway or coastal high hazard area,
the community shall:
(1) Require permits for all proposed
construction and other developments
including the placement of manufactured homes, within Zone A on the
community’s FHBM or FIRM;
(2) Require the application of the
standards in paragraphs (a) (2), (3), (4),
(5) and (6) of this section to development within Zone A on the community’s FHBM or FIRM;

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Fed. Emergency Mgmt. Agency, DHS

§ 60.3

(3) Require that all new subdivision
proposals and other proposed developments (including proposals for manufactured home parks and subdivisions)
greater than 50 lots or 5 acres, whichever is the lesser, include within such
proposals base flood elevation data;
(4) Obtain, review and reasonably utilize any base flood elevation and
floodway data available from a Federal, State, or other source, including
data developed pursuant to paragraph
(b)(3) of this section, as criteria for requiring that new construction, substantial improvements, or other development in Zone A on the community’s
FHBM or FIRM meet the standards in
paragraphs (c)(2), (c)(3), (c)(5), (c)(6),
(c)(12), (c)(14), (d)(2) and (d)(3) of this
section;
(5) Where base flood elevation data
are utilized, within Zone A on the community’s FHBM or FIRM:
(i) Obtain the elevation (in relation
to mean sea level) of the lowest floor
(including basement) of all new and
substantially improved structures, and
(ii) Obtain, if the structure has been
floodproofed in accordance with paragraph (c)(3)(ii) of this section, the elevation (in relation to mean sea level)
to
which
the
structure
was
floodproofed, and
(iii) Maintain a record of all such information with the official designated
by the community under § 59.22
(a)(9)(iii);
(6) Notify, in riverine situations, adjacent communities and the State Coordinating Office prior to any alteration or relocation of a watercourse,
and submit copies of such notifications
to the Federal Insurance Administrator;
(7) Assure that the flood carrying capacity within the altered or relocated
portion of any watercourse is maintained;
(8) Require that all manufactured
homes to be placed within Zone A on a
community’s FHBM or FIRM shall be
installed using methods and practices
which minimize flood damage. For the
purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or
lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame

ties to ground anchors. This requirement is in addition to applicable State
and local anchoring requirements for
resisting wind forces.
(c) When the Federal Insurance Administrator has provided a notice of
final flood elevations for one or more
special flood hazard areas on the community’s FIRM and, if appropriate, has
designated other special flood hazard
areas without base flood elevations on
the community’s FIRM, but has not
identified a regulatory floodway or
coastal high hazard area, the community shall:
(1) Require the standards of paragraph (b) of this section within all A1–
30 zones, AE zones, A zones, AH zones,
and AO zones, on the community’s
FIRM;
(2) Require that all new construction
and substantial improvements of residential structures within Zones A1–30,
AE and AH zones on the community’s
FIRM have the lowest floor (including
basement) elevated to or above the
base flood level, unless the community
is granted an exception by the Federal
Insurance Administrator for the allowance of basements in accordance with
§ 60.6 (b) or (c);
(3) Require that all new construction
and substantial improvements of nonresidential structures within Zones A1–
30, AE and AH zones on the community’s firm (i) have the lowest floor (including basement) elevated to or above
the base flood level or, (ii) together
with attendant utility and sanitary facilities, be designed so that below the
base flood level the structure is watertight with walls substantially impermeable to the passage of water and
with structural components having the
capability of resisting hydrostatic and
hydrodynamic loads and effects of
buoyancy;
(4) Provide that where a non-residential structure is intended to be made
watertight below the base flood level,
(i) a registered professional engineer or
architect shall develop and/or review
structural design, specifications, and
plans for the construction, and shall
certify that the design and methods of

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§ 60.3

44 CFR Ch. I (10–1–21 Edition)

construction are in accordance with accepted standards of practice for meeting the applicable provisions of paragraph (c)(3)(ii) or (c)(8)(ii) of this section, and (ii) a record of such certificates which includes the specific elevation (in relation to mean sea level)
to
which
such
structures
are
floodproofed shall be maintained with
the official designated by the community under § 59.22(a)(9)(iii);
(5) Require, for all new construction
and substantial improvements, that
fully enclosed areas below the lowest
floor that are usable solely for parking
of vehicles, building access or storage
in an area other than a basement and
which are subject to flooding shall be
designed to automatically equalize hydrostatic flood forces on exterior walls
by allowing for the entry and exit of
floodwaters. Designs for meeting this
requirement must either be certified
by a registered professional engineer or
architect or meet or exceed the following minimum criteria: A minimum
of two openings having a total net area
of not less than one square inch for
every square foot of enclosed area subject to flooding shall be provided. The
bottom of all openings shall be no higher than one foot above grade. Openings
may be equipped with screens, louvers,
valves, or other coverings or devices
provided that they permit the automatic entry and exit of floodwaters.
(6) Require that manufactured homes
that are placed or substantially improved within Zones A1–30, AH, and AE
on the community’s FIRM on sites
(i) Outside of a manufactured home
park or subdivision,
(ii) In a new manufactured home
park or subdivision,
(iii) In an expansion to an existing
manufactured home park or subdivision, or
(iv) In an existing manufactured
home park or subdivision on which a
manufactured home has incurred ‘‘substantial damage’’ as the result of a
flood, be elevated on a permanent foundation such that the lowest floor of the
manufactured home is elevated to or
above the base flood elevation and be
securely anchored to an adequately anchored foundation system to resist
floatation collapse and lateral movement.

(7) Require within any AO zone on
the community’s FIRM that all new
construction and substantial improvements of residential structures have
the lowest floor (including basement)
elevated above the highest adjacent
grade at least as high as the depth
number specified in feet on the community’s FIRM (at least two feet if no
depth number is specified);
(8) Require within any AO zone on
the community’s FIRM that all new
construction and substantial improvements of nonresidential structures (i)
have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth
number specified in feet on the community’s FIRM (at least two feet if no
depth number is specified), or (ii) together with attendant utility and sanitary
facilities
be
completely
floodproofed to that level to meet the
floodproofing standard specified in
§ 60.3(c)(3)(ii);
(9) Require within any A99 zones on a
community’s FIRM the standards of
paragraphs (a)(1) through (a)(4)(i) and
(b)(5) through (b)(9) of this section;
(10) Require until a regulatory
floodway is designated, that no new
construction,
substantial
improvements, or other development (including
fill) shall be permitted within Zones
A1–30 and AE on the community’s
FIRM, unless it is demonstrated that
the cumulative effect of the proposed
development, when combined with all
other existing and anticipated development, will not increase the water surface elevation of the base flood more
than one foot at any point within the
community.
(11) Require within Zones AH and AO,
adequate drainage paths around structures on slopes, to guide floodwaters
around and away from proposed structures.
(12) Require that manufactured
homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within
Zones A–1–30, AH, and AE on the community’s FIRM that are not subject to
the provisions of paragraph (c)(6) of
this section be elevated so that either
(i) The lowest floor of the manufactured home is at or above the base
flood elevation, or

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Fed. Emergency Mgmt. Agency, DHS

§ 60.3

(ii) The manufactured home chassis
is supported by reinforced piers or
other foundation elements of at least
equivalent strength that are no less
than 36 inches in height above grade
and be securely anchored to an adequately anchored foundation system to
resist floatation, collapse, and lateral
movement.
(13) Notwithstanding any other provisions of § 60.3, a community may approve certain development in Zones Al–
30, AE, and AH, on the community’s
FIRM which increase the water surface
elevation of the base flood by more
than one foot, provided that the community first applies for a conditional
FIRM revision, fulfills the requirements for such a revision as established under the provisions of § 65.12,
and receives the approval of the Federal Insurance Administrator.
(14) Require that recreational vehicles placed on sites within Zones A1–30,
AH, and AE on the community’s FIRM
either
(i) Be on the site for fewer than 180
consecutive days,
(ii) Be fully licensed and ready for
highway use, or
(iii) Meet the permit requirements of
paragraph (b)(1) of this section and the
elevation and anchoring requirements
for ‘‘manufactured homes’’ in paragraph (c)(6) of this section.
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.
(d) When the Federal Insurance Administrator has provided a notice of
final base flood elevations within
Zones A1–30 and/or AE on the community’s FIRM and, if appropriate, has
designated AO zones, AH zones, A99
zones, and A zones on the community’s
FIRM, and has provided data from
which the community shall designate
its regulatory floodway, the community shall:
(1) Meet the requirements of paragraphs (c) (1) through (14) of this section;
(2) Select and adopt a regulatory
floodway based on the principle that
the area chosen for the regulatory
floodway must be designed to carry the

waters of the base flood, without increasing the water surface elevation of
that flood more than one foot at any
point;
(3) Prohibit encroachments, including fill, new construction, substantial
improvements, and other development
within
the
adopted
regulatory
floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment
would not result in any increase in
flood levels within the community during the occurrence of the base flood
discharge;
(4) Notwithstanding any other provisions of § 60.3, a community may permit encroachments within the adopted
regulatory floodway that would result
in an increase in base flood elevations,
provided that the community first applies for a conditional FIRM and
floodway revision, fulfills the requirements for such revisions as established
under the provisions of § 65.12, and receives the approval of the Federal Insurance Administrator.
(e) When the Federal Insurance Administrator has provided a notice of
final base flood elevations within
Zones A1–30 and/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 on the community’s FIRM coastal high hazard
areas by designating Zones V1–30, VE,
and/or V, the community shall:
(1) Meet the requirements of paragraphs (c)(1) through (14) of this section;
(2) Within Zones V1–30, VE, and V on
a community’s FIRM, (i) obtain the
elevation (in relation to mean sea
level) of the bottom of the lowest
structural member of the lowest floor
(excluding pilings and columns) of all
new and substantially improved structures, and whether or not such structures contain a basement, and (ii)
maintain a record of all such information with the official designated by the
community under § 59.22(a)(9)(iii);
(3) Provide that all new construction
within Zones V1–30, VE, and V on the
community’s FIRM is located landward
of the reach of mean high tide;

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§ 60.3

44 CFR Ch. I (10–1–21 Edition)

(4) Provide that all new construction
and substantial improvements in Zones
V1–30 and VE, and also Zone V if base
flood elevation data is available, on the
community’s FIRM, are elevated on
pilings and columns so that (i) the bottom of the lowest horizontal structural
member of the lowest floor (excluding
the pilings or columns) is elevated to
or above the base flood level; and (ii)
the pile or column foundation and
structure attached thereto is anchored
to resist flotation, collapse and lateral
movement due to the effects of wind
and water loads acting simultaneously
on all building components. Water
loading values used shall be those associated with the base flood. Wind loading values used shall be those required
by applicable State or local building
standards. A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction,
and shall certify that the design and
methods of construction to be used are
in accordance with accepted standards
of practice for meeting the provisions
of paragraphs (e)(4) (i) and (ii) of this
section.
(5) Provide that all new construction
and substantial improvements within
Zones V1–30, VE, and V on the community’s FIRM have the space below the
lowest floor either free of obstruction
or constructed with non-supporting
breakaway walls, open wood latticework, or insect screening intended to
collapse under wind and water loads
without causing collapse, displacement, or other structural damage to
the elevated portion of the building or
supporting foundation system. For the
purposes of this section, a breakway
wall shall have a design safe loading resistance of not less than 10 and no more
than 20 pounds per square foot. Use of
breakway walls which exceed a design
safe loading resistance of 20 pounds per
square foot (either by design or when
so required by local or State codes)
may be permitted only if a registered
professional engineer or architect certifies that the designs proposed meet
the following conditions:
(i) Breakaway wall collapse shall result from a water load less than that
which would occur during the base
flood; and,

(ii) The elevated portion of the building and supporting foundation system
shall not be subject to collapse, displacement, or other structural damage
due to the effects of wind and water
loads acting simultaneously on all
building components (structural and
non-structural). Water loading values
used shall be those associated with the
base flood. Wind loading values used
shall be those required by applicable
State or local building standards.
Such enclosed space shall be useable
solely for parking of vehicles, building
access, or storage.
(6) Prohibit the use of fill for structural support of buildings within Zones
V1–30, VE, and V on the community’s
FIRM;
(7) Prohibit man-made alteration of
sand dunes and mangrove stands within Zones V1–30, VE, and V on the community’s FIRM which would increase
potential flood damage.
(8) Require that manufactured homes
placed or substantially improved within Zones V1–30, V, and VE on the community’s FIRM on sites
(i) Outside of a manufactured home
park or subdivision,
(ii) In a new manufactured home
park or subdivision,
(iii) In an expansion to an existing
manufactured home park or subdivision, or
(iv) In an existing manufactured
home park or subdivision on which a
manufactured home has incurred ‘‘substantial damage’’ as the result of a
flood, meet the standards of paragraphs
(e)(2) through (7) of this section and
that manufactured homes placed or
substantially improved on other sites
in an existing manufactured home park
or subdivision within Zones VI–30, V,
and VE on the community’s FIRM
meet the requirements of paragraph
(c)(12) of this section.
(9) Require that recreational vehicles
placed on sites within Zones V1–30, V,
and VE on the community’s FIRM either
(i) Be on the site for fewer than 180
consecutive days,
(ii) Be fully licensed and ready for
highway use, or
(iii) Meet the requirements in paragraphs (b)(1) and (e) (2) through (7) of
this section.

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Fed. Emergency Mgmt. Agency, DHS

§ 60.4

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

(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.govinfo.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 (10–1–21 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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Fed. Emergency Mgmt. Agency, DHS

§ 60.6

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.

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[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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§ 60.6

44 CFR Ch. I (10–1–21 Edition)

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

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 applicable environmental and historic preservation laws, regulations,
Executive Orders, and agency policy.
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;

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Fed. Emergency Mgmt. Agency, DHS

§ 60.11

(ii) Flood velocities that are five feet
per second or less; and
(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; 81 FR
56533, Aug. 22, 2016]

§ 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

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§ 60.12

44 CFR Ch. I (10–1–21 Edition)

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]

§ 60.12 Flood plain management criteria for State-owned properties in
special hazard areas.
(a) The State shall comply with the
minimum flood plain management criteria set forth in §§ 60.3, 60.4, and 60.5. A
State either shall:
(1) Comply with the flood plain management requirements of all local communities participating in the program
in which State-owned properties are located; or
(2) Establish and enforce flood plain
management regulations which, at a
minimum, satisfy the criteria set forth
in §§ 60.3, 60.4, and 60.5.
(b) The procedures by which a state
government adopts and administers
flood plain management regulations
satisfying the criteria set forth in
§§ 60.3, 60.4 and 60.5 may vary from the
procedures by which local governments
satisfy the criteria.
(c) If any State-owned property is located in a non-participating local community, then the State shall comply
with the requirements of paragraph
(a)(2) of this section for the property.
§ 60.13

Noncompliance.

If a State fails to submit adequate
flood plain management regulations
applicable to State-owned properties
pursuant to § 60.12 within six months of
the effective date of this regulation, or
fails to adequately enforce such regulations, the State shall be subject to suspensive action pursuant to § 59.24.
Where the State fails to adequately enforce its flood plain management regulations, the Federal Insurance Administrator shall conduct a hearing before
initiating such suspensive action.

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[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]

Subpart C—Additional Considerations in Managing FloodProne, Mudslide (i.e., Mudflow)-Prone and Flood-Related Erosion-Prone Areas
§ 60.21

Purpose of this subpart.

The purpose of this subpart is to encourage the formation and adoption of
overall comprehensive management
plans for flood-prone, mudslide (i.e.,
mudflow)-prone and flood-related erosion-prone areas. While adoption by a
community of the standards in this
subpart is not mandatory, the community shall completely evaluate these
standards.
§ 60.22 Planning considerations
flood-prone areas.

(a) The flood plain management regulations adopted by a community for
flood-prone areas should:
(1) Permit only that development of
flood-prone areas which (i) is appropriate in light of the probability of
flood damage and the need to reduce
flood losses, (ii) is an acceptable social
and economic use of the land in relation to the hazards involved, and (iii)
does not increase the danger to human
life;
(2) Prohibit nonessential or improper
installation of public utilities and public facilities in flood-prone areas.
(b) In formulating community development goals after the occurrence of a
flood disaster, each community shall
consider—
(1) Preservation of the flood-prone
areas for open space purposes;
(2) Relocation of occupants away
from flood-prone areas;
(3) Acquisition of land or land development rights for public purposes consistent with a policy of minimization
of future property losses;
(4) Acquisition of frequently flooddamaged structures;
(c) In formulating community development goals and in adopting flood
plain management regulations, each
community shall consider at least the
following factors—
(1) Human safety;
(2) Diversion of development to areas
safe from flooding in light of the need
to reduce flood damages and in light of

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Fed. Emergency Mgmt. Agency, DHS

§ 60.23

the need to prevent environmentally
incompatible flood plain use;
(3) Full disclosure to all prospective
and interested parties (including but
not limited to purchasers and renters)
that (i) certain structures are located
within flood-prone areas, (ii) variances
have been granted for certain structures located within flood-prone areas,
and (iii) premium rates applied to new
structures built at elevations below the
base flood substantially increase as the
elevation decreases;
(4) Adverse effects of flood plain development on existing development;
(5) Encouragement of floodproofing
to reduce flood damage;
(6) Flood warning and emergency preparedness plans;
(7) Provision for alternative vehicular access and escape routes when
normal routes are blocked or destroyed
by flooding;
(8)
Establishment
of
minimum
floodproofing and access requirements
for schools, hospitals, nursing homes,
orphanages, penal institutions, fire stations, police stations, communications
centers, water and sewage pumping
stations, and other public or quasi-public facilities already located in the
flood-prone area, to enable them to
withstand flood damage, and to facilitate emergency operations;
(9) Improvement of local drainage to
control increased runoff that might increase the danger of flooding to other
properties;
(10) Coordination of plans with neighboring community’s flood plain management programs;
(11) The requirement that all new
construction and substantial improvements in areas subject to subsidence be
elevated above the base flood level
equal to expected subsidence for at
least a ten year period;
(12) For riverine areas, requiring subdividers to furnish delineations for
floodways before approving a subdivision;
(13) Prohibition of any alteration or
relocation of a watercourse, except as
part of an overall drainage basin plan.
In the event of an overall drainage
basin plan, provide that the flood carrying capacity within the altered or relocated portion of the watercourse is
maintained;

(14) Requirement of setbacks for new
construction within Zones V1–30, VE,
and V on a community’s FIRM;
(15) Requirement of additional elevation above the base flood level for all
new construction and substantial improvements within Zones A1–30, AE,
V1–30, and VE on the community’s
FIRM to protect against such occurrences as wave wash and floating debris, to provide an added margin of
safety against floods having a magnitude greater than the base flood, or
to compensate for future urban development;
(16) Requirement of consistency between state, regional and local comprehensive plans and flood plain management programs;
(17) Requirement of pilings or columns rather than fill, for the elevation
of structures within flood-prone areas,
in order to maintain the storage capacity of the flood plain and to minimize
the potential for negative impacts to
sensitive ecological areas;
(18) Prohibition, within any floodway
or coastal high hazard area, of plants
or facilities in which hazardous substances are manufactured.
(19) Requirement that a plan for
evacuating residents of all manufactured home parks or subdivisions located within flood prone areas be developed and filed with and approved by
appropriate
community
emergency
management authorities.
[41 FR 46975, Oct. 26, 1976. Redesignated at 44
FR 31177, May 31, 1979, as amended at 50 FR
36025, Sept. 4, 1985; 54 FR 40284, Sept. 29, 1989]

§ 60.23 Planning considerations for
mudslide
(i.e.,
mudflow)-prone
areas.
The planning process for communities identified under part 65 of this
subchapter as containing Zone M, or
which indicate in their applications for
flood insurance pursuant to § 59.22 of
this subchapter that they have
mudslide (i.e., mudflow) areas, should
include—
(a) The existence and extent of the
hazard;
(b) The potential effects of inappropriate hillside development, including
(1) Loss of life and personal injuries,
and

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§ 60.24

44 CFR Ch. I (10–1–21 Edition)

(2) Public and private property
losses, costs, liabilities, and exposures
resulting from potential mudslide (i.e.,
mudflow) hazards;
(c) The means of avoiding the hazard
including the (1) availability of land
which is not mudslide (i.e., mudflow)prone and the feasibility of developing
such land instead of further encroaching upon mudslide (i.e., mudflow)
areas, (2) possibility of public acquisition of land, easements, and development rights to assure the proper development of hillsides, and (3) advisability
of preserving mudslide (i.e., mudflow)
areas as open space;
(d) The means of adjusting to the
hazard, including the (1) establishment
by ordinance of site exploration, investigation, design, grading, construction,
filing, compacting, foundation, sewerage, drainage, subdrainage, planting,
inspection and maintenance standards
and requirements that promote proper
land use, and (2) provision for proper
drainage and subdrainage on public
property and the location of public
utilities and service facilities, such as
sewer, water, gas and electrical systems and streets in a manner designed
to minimize exposure to mudslide (i.e.,
mudflow) hazards and prevent their aggravation;
(e) Coordination of land use, sewer,
and drainage regulations and ordinances with fire prevention, flood
plain, mudslide (i.e., mudflow), soil,
land, and water regulation in neighboring communities;
(f) Planning subdivisions and other
developments in such a manner as to
avoid exposure to mudslide (i.e., mudflow) hazards and the control of public
facility and utility extension to discourage inappropriate development;
(g) Public facility location and design requirements with higher site stability and access standards for schools,
hospitals, nursing homes, orphanages,
correctional and other residential institutions, fire and police stations,
communication centers, electric power
transformers and substations, water
and sewer pumping stations and any
other public or quasi-public institutions located in the mudslide (i.e.,
mudflow) area to enable them to withstand mudslide (i.e., mudflow) damage

and to facilitate emergency operations;
and
(h) Provision for emergencies, including:
(1) Warning, evacuation, abatement,
and access procedures in the event of
mudslide (i.e., mudflow),
(2) Enactment of public measures and
initiation of private procedures to
limit danger and damage from continued or future mudslides (i.e., mudflow),
(3) Fire prevention procedures in the
event of the rupture of gas or electrical
distribution systems by mudslides,
(4) Provisions to avoid contamination
of water conduits or deterioration of
slope stability by the rupture of such
systems,
(5) Similar provisions for sewers
which in the event of rupture pose both
health and site stability hazards and
(6) Provisions for alternative vehicular access and escape routes when
normal routes are blocked or destroyed
by mudslides (i.e., mudflow);
(i) The means for assuring consistency between state, areawide, and local
comprehensive plans with the plans developed for mudslide (i.e., mudflow)prone areas;
(j) Deterring the nonessential installation of public utilities and public facilities in mudslide (i.e., mudflow)prone areas.
§ 60.24 Planning considerations for
flood-related erosion-prone areas.
The planning process for communities identified under part 65 of this
subchapter as containing Zone E or
which indicate in their applications for
flood insurance coverage pursuant to
§ 59.22 of this subchapter that they have
flood-related erosion areas should include—
(a) The importance of directing future developments to areas not exposed
to flood-related erosion;
(b) The possibility of reserving floodrelated erosion-prone areas for open
space purposes;
(c) The coordination of all planning
for the flood-related erosion-prone
areas with planning at the State and
Regional levels, and with planning at
the level of neighboring communities;
(d) Preventive action in E zones, including setbacks, shore protection
works, relocating structures in the

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Fed. Emergency Mgmt. Agency, DHS

§ 60.26

path of flood-related erosion, and community acquisition of flood-related
erosion-prone properties for public purposes;
(e) Consistency of plans for flood-related erosion-prone areas with comprehensive plans at the state, regional
and local levels.

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§ 60.25 Designation, duties, and responsibilities of State Coordinating
Agencies.
(a) States are encouraged to demonstrate a commitment to the minimum flood plain management criteria
set forth in §§ 60.3, 60.4, and 60.5 as evidenced by the designation of an agency
of State government to be responsible
for coordinating the Program aspects
of flood plain management in the
State.
(b) State participation in furthering
the objectives of this part shall include
maintaining capability to perform the
appropriate duties and responsibilities
as follows:
(1) Enact, whenever necessary, legislation enabling counties and municipalities to regulate development within flood-prone areas;
(2) Encourage and assist communities
in qualifying for participation in the
Program;
(3) Guide and assist county and municipal public bodies and agencies in
developing, implementing, and maintaining local flood plain management
regulations;
(4) Provide local governments and
the general public with Program information on the coordination of local activities with Federal and State requirements for managing flood-prone areas;
(5) Assist communities in disseminating information on minimum elevation requirements for development
within flood-prone areas;
(6) Assist in the delineation of
riverine and coastal flood-prone areas,
whenever possible, and provide all relevant technical information to the
Federal Insurance Administrator;
(7) Recommend priorities for Federal
flood plain management activities in
relation to the needs of county and municipal localities within the State;
(8) Provide notification to the Federal Insurance Administrator in the
event of apparent irreconcilable dif-

ferences between a community’s local
flood plain management program and
the minimum requirements of the Program;
(9) Establish minimum State flood
plain management regulatory standards consistent with those established
in this part and in conformance with
other Federal and State environmental
and water pollution standards for the
prevention of pollution during periods
of flooding;
(10) Assure coordination and consistency of flood plain management activities with other State, areawide, and
local planning and enforcement agencies;
(11) Assist in the identification and
implementation of flood hazard mitigation recommendations which are consistent with the minimum flood plain
management criteria for the Program;
(12) Participate in flood plain management training opportunities and
other flood hazard preparedness programs whenever practicable.
(c) Other duties and responsibilities,
which may be deemed appropriate by
the State and which are to be officially
designated as being conducted in the
capacity of the State Coordinating
Agency for the Program, may be carried out with prior notification of the
Federal Insurance Administrator.
(d) For States which have demonstrated a commitment to and experience in application of the minimum
flood plain management criteria set
forth in §§ 60.3, 60.4, and 60.5 as evidenced by the establishment and implementation of programs which substantially encompass the activities described in paragraphs (a), (b), and (c) of
this section, the Federal Insurance Administrator shall take the foregoing
into account when:
(1) Considering State recommendations prior to implementing Program
activities affecting State communities;
(2) Considering State approval or certifications of local flood plain management regulations as meeting the requirements of this part.
[51 FR 30309, Aug. 25, 1986]

§ 60.26

Local coordination.

(a) Local flood plain, mudslide (i.e.,
mudflow) and flood-related erosion

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Pt. 61

44 CFR Ch. I (10–1–21 Edition)

area management, forecasting, emergency preparedness, and damage abatement programs should be coordinated
with relevant Federal, State, and regional programs;
(b) A community adopting flood plain
management regulations pursuant to
these criteria should coordinate with
the appropriate State agency to promote public acceptance and use of effective flood plain, mudslide, (i.e.,
mudflow) and flood-related erosion regulations;
(c) A community should notify adjacent communities prior to substantial
commercial developments and large
subdivisions to be undertaken in areas
having special flood, mudslide (i.e.,
mudflow) and/or flood-related erosion
hazards.

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PART 61—INSURANCE COVERAGE
AND RATES
Sec.
61.1 Purpose of part.
61.2 Definitions.
61.3 Coverage and benefits provided under
the Standard Flood Insurance Policy.
61.4 Special terms and conditions.
61.5 Deductibles.
61.6 Maximum amounts of coverage available.
61.7 Risk premium rate determinations.
61.8 Applicability of risk premium rates.
61.9 Establishment of chargeable rates.
61.10 Requirements for issuance or renewal
of flood insurance coverage.
61.11 Effective date and time of coverage
under the Standard Flood Insurance Policy—New Business Applications and Endorsements.
61.12 Rates based on a flood protection system involving Federal funds.
61.13 Standard Flood Insurance Policy.
61.14 Standard Flood Insurance Policy Interpretations.
61.16 Probation additional premium.
61.17 Group Flood Insurance Policy.
APPENDIX A(1) TO PART 61—FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERAL
INSURANCE AND MITIGATION ADMINISTRATION, STANDARD FLOOD INSURANCE POLICY, DWELLING FORM
APPENDIX A(2) TO PART 61—FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERAL
INSURANCE AND MITIGATION ADMINISTRATION, STANDARD FLOOD INSURANCE POLICY, GENERAL PROPERTY FORM
APPENDIX A(3) TO PART 61—FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERAL
INSURANCE AND MITIGATION ADMINISTRATION, STANDARD FLOOD INSURANCE POL-

ICY, RESIDENTIAL CONDOMINIUM BUILDING
ASSOCIATION POLICY

AUTHORITY: 42 U.S.C. 4001 et seq.; 6 U.S.C.
101 et seq.
SOURCE: 43 FR 2570, Jan. 17, 1978, unless
otherwise noted. Redesignated at 44 FR 31177,
May 31, 1979.

§ 61.1

Purpose of part.

This part describes the types of properties eligible for flood insurance coverage under the Program, the limits of
such coverage, and the premium rates
actually to be paid by insureds.
[85 FR 43957, July 20, 2020]

§ 61.2

Definitions.

The definitions set forth in part 59 of
this subchapter are applicable to this
part.
§ 61.3 Coverage and benefits provided
under the Standard Flood Insurance Policy.
(a) Insurance coverage under the Program is available for buildings and
their contents. Coverage for each may
be purchased separately.
(b) In addition to building and contents coverage, the Dwelling Form of
the Standard Flood Insurance Policy
(SFIP) covers debris removal, loss
avoidance measures, and condominium
loss assessments. The General Property
Form of the SFIP covers debris removal, loss avoidance measures, and
pollution damage. The Residential
Condominium Building Association
Policy Form of the SFIP covers debris
removal and loss avoidance measures.
(c) With the purchase of building coverage, the Standard Flood Insurance
Policy covers the costs associated with
bringing the building into compliance
with local floodplain ordinances.
[85 FR 43957, July 20, 2020]

§ 61.4

Special terms and conditions.

(a) No new flood insurance or renewal
of flood insurance policies will be written for properties declared by a duly
constituted State or local zoning or
other authority to be in violation of
any floodplain, mudslide (i.e., mudflow), or flood-related erosion area
management or control law, regulation, or ordinance.

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