44 CFR Part 65

§ 64.6

44 CFR Ch. I (10–1–21 Edition)

a FIRM, second layer coverage is available only at risk premium rates for all
structures.
(c) Detailed insurance information
may be obtained from the servicing
companies. See part 62 of this subchapter.
[41 FR 46986, 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]

§ 64.6

List of eligible communities.

FEMA will maintain a list of communities eligible for the sale of flood insurance pursuant to the National Flood
Insurance Program (42 U.S.C. 4001–
4128). This list will be published and
maintained on the internet or through
another comparable method.
[85 FR 68790, Oct. 30, 2020]

PART 65—IDENTIFICATION AND
MAPPING OF SPECIAL HAZARD
AREAS

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Sec.
65.1 Purpose of part.
65.2 Definitions.
65.3 Requirement to submit new technical
data.
65.4 Right to submit new technical data.
65.5 Revision to special hazard area boundaries with no change to base flood elevation determinations.
65.6 Revision of base flood elevation determinations.
65.7 Floodway revisions.
65.8 Review of proposed projects.
65.9 Review and response by the Administrator.
65.10 Mapping of areas protected by levee
systems.
65.11 Evaluation of sand dunes in mapping
coastal flood hazard areas.
65.12 Revision of flood insurance rate maps
to reflect base flood elevations caused by
proposed encroachments.
65.13 Mapping and map revisions for areas
subject to alluvial fan flooding.
65.14 Remapping of areas for which local
flood protection systems no longer provide base flood protection.
65.15 List of communities submitting new
technical data.
65.16 Standard Flood Hazard Determination
Form and Instructions.
65.17 Review of determinations.
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.

§ 65.1 Purpose of part.
42 U.S.C. 4104 authorizes the Administrator to identify and publish information with respect to all areas within
the United States having special flood,
mudslide (i.e., mudflow) and flood-related erosion hazards. The purpose of
this part is to outline the steps a community needs to take in order to assist
the Agency’s effort in providing up-todate identification and publication, in
the form of the maps described in part
64, on special flood, mudslide (i.e.,
mudflow) and flood-related erosion hazards.
[48 FR 28278, June 21, 1983]

§ 65.2 Definitions.
(a) Except as otherwise provided in
this part, the definitions set forth in
part 59 of this subchapter are applicable to this part.
(b) For the purpose of this part, a
certification by a registered professional engineer or other party does not
constitute a warranty or guarantee of
performance, expressed or implied. Certification of data is a statement that
the data is accurate to the best of the
certifier’s knowledge. Certification of
analyses is a statement that the analyses have been performed correctly and
in accordance with sound engineering
practices. Certification of structural
works is a statement that the works
are designed in accordance with sound
engineering practices to provide protection from the base flood. Certification of ‘‘as built’’ conditions is a
statement that the structure(s) has
been built according to the plans being
certified, is in place, and is fully functioning.
(c) For the purposes of this part,
‘‘reasonably safe from flooding’’ means
base flood waters will not inundate the
land or damage structures to be removed from the SFHA and that any
subsurface waters related to the base
flood will not damage existing or proposed buildings.
[51 FR 30313, Aug. 25, 1986, as amended at 66
FR 22442, May 4, 2001]

§ 65.3 Requirement to submit new
technical data.
A community’s base flood elevations
may increase or decrease resulting

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Fed. Emergency Mgmt. Agency, DHS

§ 65.5

from physical changes affecting flooding conditions. As soon as practicable,
but not later than six months after the
date such information becomes available, a community shall notify the Administrator of the changes by submitting technical or scientific data in accordance with this part. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and flood plain management requirements will be based upon
current data.
[51 FR 30313, Aug. 25, 1986]

§ 65.4 Right to submit new technical
data.
(a) A community has a right to request changes to any of the information shown on an effective map that
does not impact flood plain or floodway
delineations or base flood elevations,
such as community boundary changes,
labeling, or planimetric details. Such a
submission shall include appropriate
supporting documentation in accordance with this part and may be submitted at any time.
(b) All requests for changes to effective maps, other than those initiatedby
FEMA, must be made in writing by the
Chief Executive Officer of the community (CEO) or an official designated by
the CEO. Should the CEO refuse to submit such a request on behalf of another
party, FEMA will agree to review it
only if written evidence is provided indicating the CEO or designee has been
requested to do so.
(c) Requests for changes to effective
Flood Insurance Rate Maps (FIRMs)
and Flood Boundary and Floodway
Maps (FBFMs) are subject to the cost
recovery procedures described in 44
CFR part 72. As indicated in part 72, revisions requested to correct mapping
errors or errors in the Flood Insurance
Study analysis are not to be subject to
the cost-recovery procedures.

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[51 FR 30313, Aug. 25, 1986, as amended at 57
FR 29038, June 30, 1992; 61 FR 46331, Aug. 30,
1996; 62 FR 5736, Feb. 6, 1997]
EDITORIAL NOTE: For references to FR
pages showing lists of eligible communities,
see the List of CFR Sections Affected, which
appears in the Finding Aids section of the
printed volume and at www.govinfo.gov.

§ 65.5 Revision to special hazard area
boundaries with no change to base
flood elevation determinations.
(a) Data requirements for topographic
changes. In many areas of special flood
hazard
(excluding
V
zones
and
floodways) it may be feasible to elevate
areas with engineered earthen fill
above the base flood elevation. Scientific and technical information to
support a request to gain exclusion
from an area of special flood hazard of
a structure or parcel of land that has
been elevated by the placement of engineered earthen fill will include the following:
(1) A copy of the recorded deed indicating the legal description of the
property and the official recordation
information (deed book volume and
page number) and bearing the seal of
the appropriate recordation official
(e.g., County Clerk or Recorder of
Deeds).
(2) If the property is recorded on a
plat map, a copy of the recorded plat
indicating both the location of the
property and the official recordation
information (plat book volume and
page number) and bearing the seal of
the appropriate recordation official. If
the property is not recorded on a plat
map, FEMA requires copies of the tax
map or other suitable maps to help in
locating the property accurately.
(3) A topographic map or other information indicating existing ground elevations and the date of fill. FEMA’s determination to exclude a legally defined parcel of land or a structure from
the area of special flood hazard will be
based upon a comparison of the base
flood elevations to the lowest ground
elevation of the parcel or the lowest
adjacent grade to the structure. If the
lowest ground elevation of the entire
legally defined parcel of land or the
lowest adjacent grade to the structure
are at or above the elevations of the
base flood, FEMA will exclude the parcel and/or structure from the area of
special flood hazard.
(4) Written assurance by the participating community that they have complied with the appropriate minimum
floodplain management requirements
under § 60.3. This includes the requirements that:

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§ 65.6

44 CFR Ch. I (10–1–21 Edition)

(i) Existing residential structures
built in the SFHA have their lowest
floor elevated to or above the base
flood;
(ii) The participating community has
determined that the land and any existing or proposed structures to be removed from the SFHA are ‘‘reasonably
safe from flooding’’, and that they have
on file, available upon request by
FEMA, all supporting analyses and
documentation used to make that determination;
(iii) The participating community
has issued permits for all existing and
proposed construction or other development; and
(iv) All necessary permits have been
received from those governmental
agencies where approval is required by
Federal, State, or local law.
(5) If the community cannot assure
that it has complied with the appropriate minimum floodplain management requirements under § 60.3, of this
chapter, the map revision request will
be deferred until the community remedies all violations to the maximum
extent possible through coordination
with FEMA. Once the remedies are in
place, and the community assures that
the land and structures are ‘‘reasonably safe from flooding,’’ we will process a revision to the SFHA using the
criteria set forth in § 65.5(a). The community must maintain on file, and
make available upon request by FEMA,
all supporting analyses and documentation used in determining that
the land or structures are ‘‘reasonably
safe from flooding.’’
(6) Data to substantiate the base
flood elevation. If we complete a Flood
Insurance Study (FIS), we will use
those data to substantiate the base
flood elevation. Otherwise, the community may submit data provided by an
authoritative source, such as the U.S.
Army Corps of Engineers, U.S. Geological Survey, Natural Resources Conservation Service, State and local
water resource departments, or technical data prepared and certified by a
registered professional engineer. If
base flood elevations have not previously been established, we may also
request hydrologic and hydraulic calculations.

(7) A revision of floodplain delineations based on fill must demonstrate
that any such fill does not result in a
floodway encroachment.
(b) New topographic data. A community may also follow the procedures described in paragraphs (a)(1) through (6)
of this section to request a map revision when no physical changes have occurred in the area of special flood hazard, when no fill has been placed, and
when the natural ground elevations are
at or above the elevations of the base
flood, where new topographic maps are
more detailed or more accurate than
the current map.
(c) Certification requirements. A registered professional engineer or licensed land surveyor must certify the
items required in paragraphs (a)(3) and
(6) and (b) of this section. Such certifications are subject to the provisions
under § 65.2.
(d) Submission procedures. Submit all
requests to the appropriate address
serving the community’s geographic
area or to the FEMA Headquarters Office in Washington, DC.
[66 FR 22442, May 4, 2001]

§ 65.6 Revision of base flood elevation
determinations.
(a) General conditions and data requirements. (1) The supporting data must include all the information FEMA needs
to review and evaluate the request.
This may involve the requestor’s performing new hydrologic and hydraulic
analysis and delineation of new flood
plain boundaries and floodways, as necessary.
(2) To avoid discontinuities between
the revised and unrevised flood data,
the necessary hydrologic and hydraulic
analyses submitted by the map revision requestor must be extensive
enough to ensure that a logical transition can be shown between the revised
flood elevations, flood plain boundaries, and floodways and those developed previously for areas not affected
by the revision. Unless it is demonstrated that it would not be appropriate, the revised and unrevised base
flood elevations must match within
one-half foot where such transitions
occur.
(3) Revisions cannot be made based
on the effects of proposed projects or

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Fed. Emergency Mgmt. Agency, DHS

§ 65.6

future conditions. Section 65.8 of this
subchapter contains provisions for obtaining conditional approval of proposed projects that may effect map
changes when they are completed.
(4) The datum and date of releveling
of benchmarks, if any, to which the
elevations are referenced must be indicated.
(5) Maps will not be revised when discharges change as a result of the use of
an alternative methodology or data for
computing flood discharges unless the
change is statistically significant as
measured by a confidence limits analysis of the new discharge estimates.
(6) Any computer program used to
perform hydrologic or hydraulic analyses in support of a flood insurance
map revision must meet all of the following criteria:
(i) It must have been reviewed and
accepted by a governmental agency responsible for the implementation of
programs for flood control and/or the
regulation of flood plain lands. For
computer programs adopted by nonFederal agencies, certification by a responsible agency official must be provided which states that the program
has been reviewed, tested, and accepted
by that agency for purposes of design
of flood control structures or flood
plain land use regulation.
(ii) It must be well-documented including source codes and user’s manuals.
(iii) It must be available to FEMA
and all present and future parties impacted by flood insurance mapping developed or amended through the use of
the program. For programs not generally available from a Federal agency,
the source code and user’s manuals
must be sent to FEMA free of charge,
with fully-documented permission from
the owner that FEMA may release the
code and user’s manuals to such impacted parties.
(7) A revised hydrologic analysis for
flooding sources with established base
flood elevations must include evaluation of the same recurrence interval(s)
studied in the effective FIS, such as
the 10-, 50-, 100-, and 500-year flood discharges.
(8) A revised hydraulic analysis for a
flooding source with established base
flood elevations must include evalua-

tion of the same recurrence interval(s)
studied in the effective FIS, such as
the 10-, 50-, 100-, and 500-year flood elevations, and of the floodway. Unless
the basis of the request is the use of an
alternative hydraulic methodology or
the requestor can demonstrate that the
data of the original hydraulic computer model is unavailable or its use is
inappropriate, the analysis shall be
made using the same hydraulic computer model used to develop the base
flood elevations shown on the effective
Flood Insurance Rate Map and updated
to show present conditions in the flood
plain. Copies of the input and output
data from the original and revised hydraulic analyses shall be submitted.
(9) A hydrologic or hydraulic analysis
for a flooding source without established base flood elevations may be
performed for only the 100-year flood.
(10) A revision of flood plain delineations based on topographic changes
must demonstrate that any topographic changes have not resulted in a
floodway encroachment.
(11) Delineations of flood plain
boundaries for a flooding source with
established base flood elevations must
provide both the 100- and 500-year flood
plain boundaries. For flooding sources
without established base flood elevations, only 100-year flood plain
boundaries need be submitted. These
boundaries should be shown on a topographic map of suitable scale and contour interval.
(12) If a community or other party
seeks recognition from FEMA, on its
FHBM or FIRM, that an altered or relocated portion of a watercourse provides protection from, or mitigates potential hazards of, the base flood, the
Federal Insurance Administrator may
request specific documentation from
the community certifying that, and describing
how,
the
provisions
of
§ 60.3(b)(7) of this subchapter will be
met for the particular watercourse involved. This documentation, which
may be in the form of a written statement from the Community Chief Executive Officer, an ordinance, or other
legislative action, shall describe the
nature of the maintenance activities to
be performed, the frequency with which
they will be performed, and the title of
the local community official who will

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§ 65.6

44 CFR Ch. I (10–1–21 Edition)

be responsible for assuring that the
maintenance activities are accomplished.
(13) Notwithstanding any other provisions of § 65.6, a community may submit, in lieu of the documentation specified in § 65.6(a)(12), certification by a
registered professional engineer that
the project has been designed to retain
its flood carrying capacity without
periodic maintenance.
(14) The participating community
must provide written assurance that
they have complied with the appropriate minimum floodplain management requirements under § 60.3 of this
chapter. This includes the requirements that:
(i) Existing residential structures
built in the SFHA have their lowest
floor elevated to or above the base
flood;
(ii) The participating community has
determined that the land and any existing or proposed structures to be removed from the SFHA are ‘‘reasonably
safe from flooding,’’ and that they have
on file, available upon request by
FEMA, all supporting analyses and
documentation used to make that determination;
(iii) The participating community
has issued permits for all existing and
proposed construction or other development; and
(iv) All necessary permits have been
received from those governmental
agencies where approval is required by
Federal, State, or local law.
(15) If the community cannot assure
that it has complied with the appropriate minimum floodplain management requirements under § 60.3, of this
chapter the map revision request will
be deferred until the community remedies all violations to the maximum
extent possible through coordination
with FEMA. Once the remedies are in
place, and the community assures that
the land and structures are ‘‘reasonably safe from flooding,’’ we will process a revision to the SFHA using the
criteria set forth under § 65.6. The community must maintain on file, and
make available upon request by FEMA,
all supporting analyses and documentation used in determining that
the land or structures are ‘‘reasonably
safe from flooding.’’

(b) Data requirements for correcting
map errors. To correct errors in the
original flood analysis, technical data
submissions shall include the following:
(1) Data identifying mathematical errors.
(2) Data identifying measurement errors and providing correct measurements.
(c) Data requirements for changed
physical conditions. Revisions based on
the effects of physical changes that
have occurred in the flood plain shall
include:
(1) Changes affecting hydrologic conditions. The following data must be submitted:
(i) General description of the changes
(e.g., dam, diversion channel, or detention basin).
(ii) Construction plans for as-built
conditions, if applicable.
(iii) New hydrologic analysis accounting for the effects of the changes.
(iv) New hydraulic analysis and profiles using the new flood discharge values resulting from the hydrologic analysis.
(v) Revised delineations of the flood
plain boundaries and floodway.
(2) Changes affecting hydraulic conditions. The following data shall be submitted:
(i) General description of the changes
(e.g., channelization or new bridge, culvert, or levee).
(ii) Construction plans for as-built
conditions.
(iii) New hydraulic analysis and flood
elevation profiles accounting for the
effects of the changes and using the
original flood discharge values upon
which the original map is based.
(iv) Revised delineations of the flood
plain boundaries and floodway.
(3) Changes involving topographic conditions. The following data shall be submitted:
(i) General description of the changes
(e.g., grading or filling).
(ii) New topographic information,
such as spot elevations, cross sections
grading plans, or contour maps.
(iii) Revised delineations of the flood
plain boundaries and, if necessary,
floodway.
(d) Data requirements for incorporating
improved data. Requests for revisions

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Fed. Emergency Mgmt. Agency, DHS

§ 65.7

based on the use of improved hydrologic, hydraulic, or topographic data
shall include the following data:
(1) Data that are believed to be better
than those used in the original analysis
(such as additional years of stream
gage data).
(2) Documentation of the source of
the data.
(3) Explanation as to why the use of
the new data will improve the results
of the original analysis.
(4) Revised hydrologic analysis where
hydrologic data are being incorporated.
(5) Revised hydraulic analysis and
flood elevation profiles where new hydrologic or hydraulic data are being incorporated.
(6) Revised delineations of the flood
plain boundaries and floodway where
new hydrologic, hydraulic, or topographic data are being incorporated.
(e) Data requirements for incorporating
improved methods. Requests for revisions based on the use of improved hydrologic or hydraulic methodology
shall include the following data:
(1) New hydrologic analysis when an
alternative hydrologic methodology is
being proposed.
(2) New hydraulic analysis and flood
elevation profiles when an alternative
hyrologic or hydraulic methodology is
being proposed.
(3) Explanation as to why the alternative methodologies are superior to
the original methodologies.
(4) Revised delineations of the flood
plain boundaries and floodway based on
the new analysis(es).
(f) Certification requirements. All analysis and data submitted by the requester shall be certified by a registered professional engineer or licensed land surveyor, as appropriate,
subject to the definition of ‘‘certification’’ given at § 65.2 of this subchapter.
(g) Submission procedures. All requests
shall be submitted to the FEMA Regional Office servicing the community’s geographic area or to the FEMA
Headquarters Office in Washington,
DC, and shall be accompanied by the

appropriate payment, in accordance
with 44 CFR part 72.
[51 FR 30314, Aug. 25, 1986, as amended at 53
FR 16279, May 6, 1988; 54 FR 33550, Aug. 15,
1989; 61 FR 46331, Aug. 30, 1996; 62 FR 5736,
Feb. 6, 1997; 66 FR 22442, May 4, 2001]

§ 65.7

Floodway revisions.

(a) General. Floodway data is developed as part of FEMA Flood Insurance
Studies and is utilized by communities
to select and adopt floodways as part of
the flood plain management program
required by § 60.3 of this subchapter.
When it has been determined by a community that no practicable alternatives exist to revising the boundaries
of its previously adopted floodway, the
procedures below shall be followed.
(b) Data requirements when base flood
elevation changes are requested. When a
floodway revision is requested in association with a change to base flood elevations, the data requirements of § 65.6
shall also be applicable. In addition,
the following documentation shall be
submitted:
(1) Copy of a public notice distributed
by the community stating the community’s intent to revise the floodway or
a statement by the community that it
has notified all affected property owners and affected adjacent jurisdictions.
(2) Copy of a letter notifying the appropriate State agency of the floodway
revision when the State has jurisdiction over the floodway or its adoption
by communities participating in the
NFIP.
(3) Documentation of the approval of
the revised floodway by the appropriate State agency (for communities
where the State has jurisdiction over
the floodway or its adoption by communities participating in the NFIP).
(4) Engineering analysis for the revised floodway, as described below:
(i) The floodway analysis must be
performed using the hydraulic computer model used to determine the proposed base flood elevations.
(ii) The floodway limits must be set
so that neither the effective base flood
elevations nor the proposed base flood
elevations if less than the effective
base flood elevations, are increased by
more than the amount specified under

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§ 65.8

44 CFR Ch. I (10–1–21 Edition)

§ 60.3 (d)(2). Copies of the input and output data from the original and modified computer models must be submitted.
(5)
Delineation
of
the
revised
floodway on the same topographic map
used for the delineation of the revised
flood boundaries.
(c) Data requirements for changes not
associated with base flood elevation
changes. The following data shall be
submitted:
(1) Items described in paragraphs (b)
(1) through (3) of this section must be
submitted.
(2) Engineering analysis for the revised floodway, as described below:
(i) The original hydraulic computer
model used to develop the established
base flood elevations must be modified
to include all encroachments that have
occurred in the flood plain since the existing floodway was developed. If the
original hydraulic computer model is
not available, an alternate hydraulic
computer model may be used provided
the alternate model has been calibrated so as to reproduce the original
water surface profile of the original hydraulic computer model. The alternate
model must be then modified to include all encroachments that have occurred since the existing floodway was
developed.
(ii) The floodway analysis must be
performed with the modified computer
model using the desired floodway limits.
(iii) The floodway limits must be set
so that combined effects of the past encroachments and the new floodway
limits do not increase the effective
base flood elevations by more than the
amount specified in § 60.3(d)(2). Copies
of the input and output data from the
original and modified computer models
must be submitted.
(3)
Delineation
of
the
revised
floodway on a copy of the effective
NFIP map and a suitable topographic
map.
(d) Certification requirements. All analyses submitted shall be certified by a
registered professional engineer. All
topographic data shall be certified by a
registered professional engineer or licensed land surveyor. Certifications
are subject to the definition given at
§ 65.2 of this subchapter.

(e) Submission procedures. All requests
that involve changes to floodways shall
be submitted to the appropriate FEMA
Regional Office servicing the community’s geographic area.
[51 FR 30315, Aug. 25, 1986]

§ 65.8

Review of proposed projects.

A community, or an individual
through the community, may request
FEMA’s comments on whether a proposed project, if built as proposed,
would justify a map revision. FEMA’s
comments will be issued in the form of
a letter, termed a Conditional Letter of
Map Revision, in accordance with 44
CFR part 72. The data required to support such requests are the same as
those required for final revisions under
§§ 65.5, 65.6, and 65.7, except as-built certification is not required. All such requests shall be submitted to the FEMA
Headquarters Office in Washington,
DC, and shall be accompanied by the
appropriate payment, in accordance
with 44 CFR part 72.
[62 FR 5736, Feb. 6, 1997]

§ 65.9 Review and response by the Administrator.
If any questions or problems arise
during review, FEMA will consult the
Chief Executive Officer of the community (CEO), the community official designated by the CEO, and/or the requester for resolution. Upon receipt of
a revision request, the Federal Insurance Administrator shall mail an acknowledgment of receipt of such request to the CEO. Within 90 days of receiving the request with all necessary
information, the Federal Insurance Administrator shall notify the CEO of one
or more of the following:
(a) The effective map(s) shall not be
modified;
(b) The base flood elevations on the
effective FIRM shall be modified and
new base flood elevations shall be established under the provisions of part
67 of this subchapter;
(c) The changes requested are approved and the map(s) amended by Letter of Map Revision (LOMR);
(d) The changes requested are approved and a revised map(s) will be
printed and distributed;

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Fed. Emergency Mgmt. Agency, DHS

§ 65.10

(e) The changes requested are not of
such a significant nature as to warrant
a reissuance or revision of the flood insurance study or maps and will be deferred until such time as a significant
change occurs;
(f) An additional 90 days is required
to evaluate the scientific or technical
data submitted; or
(g) Additional data are required to
support the revision request.
(h) The required payment has not
been submitted in accordance with 44
CFR part 72, no review will be conducted and no determination will be
issued until payment is received.

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[51 FR 30315, Aug. 25, 1986; 61 FR 46331, Aug.
30, 1996, as amended at 62 FR 5736, Feb. 6,
1997]

§ 65.10 Mapping of areas protected by
levee systems.
(a) General. For purposes of the NFIP,
FEMA will only recognize in its flood
hazard and risk mapping effort those
levee systems that meet, and continue
to meet, minimum design, operation,
and maintenance standards that are
consistent with the level of protection
sought through the comprehensive
flood plain management criteria established by § 60.3 of this subchapter. Accordingly, this section describes the
types of information FEMA needs to
recognize, on NFIP maps, that a levee
system provides protection from the
base flood. This information must be
supplied to FEMA by the community
or other party seeking recognition of
such a levee system at the time a flood
risk study or restudy is conducted,
when a map revision under the provisions of part 65 of this subchapter is
sought based on a levee system, and
upon request by the Federal Insurance
Administrator during the review of
previously recognized structures. The
FEMA review will be for the sole purpose of establishing appropriate risk
zone determinations for NFIP maps
and shall not constitute a determination by FEMA as to how a structure or
system will perform in a flood event.
(b) Design criteria. For levees to be
recognized by FEMA, evidence that
adequate design and operation and
maintenance systems are in place to
provide reasonable assurance that protection from the base flood exists must

be provided. The following requirements must be met:
(1) Freeboard. (i) Riverine levees must
provide a minimum freeboard of three
feet above the water-surface level of
the base flood. An additional one foot
above the minimum is required within
100 feet in either side of structures
(such as bridges) riverward of the levee
or wherever the flow is constricted. An
additional one-half foot above the minimum at the upstream end of the levee,
tapering to not less than the minimum
at the downstream end of the levee, is
also required.
(ii) Occasionally, exceptions to the
minimum riverine freeboard requirement described in paragraph (b)(1)(i) of
this section, may be approved. Appropriate engineering analyses demonstrating adequate protection with a
lesser freeboard must be submitted to
support a request for such an exception. The material presented must
evaluate the uncertainty in the estimated base flood elevation profile and
include, but not necessarily be limited
to an assessment of statistical confidence limits of the 100-year discharge;
changes in stage-discharge relationships; and the sources, potential, and
magnitude of debris, sediment, and ice
accumulation. It must be also shown
that the levee will remain structurally
stable during the base flood when such
additional loading considerations are
imposed. Under no circumstances will
freeboard of less than two feet be accepted.
(iii) For coastal levees, the freeboard
must be established at one foot above
the height of the one percent wave or
the maximum wave runup (whichever
is greater) associated with the 100-year
stillwater surge elevation at the site.
(iv) Occasionally, exceptions to the
minimum coastal levee freeboard requirement described in paragraph
(b)(1)(iii) of this section, may be approved. Appropriate engineering analyses demonstrating adequate protection with a lesser freeboard must be
submitted to support a request for such
an exception. The material presented
must evaluate the uncertainty in the
estimated base flood loading conditions. Particular emphasis must be
placed on the effects of wave attack
and overtopping on the stability of the

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§ 65.10

44 CFR Ch. I (10–1–21 Edition)

levee. Under no circumstances, however, will a freeboard of less than two
feet above the 100-year stillwater surge
elevation be accepted.
(2) Closures. All openings must be provided with closure devices that are
structural parts of the system during
operation and design according to
sound engineering practice.
(3) Embankment protection. Engineering analyses must be submitted that
demonstrate that no appreciable erosion of the levee embankment can be
expected during the base flood, as a result of either currents or waves, and
that anticipated erosion will not result
in failure of the levee embankment or
foundation
directly
or
indirectly
through reduction of the seepage path
and subsequent instability. The factors
to be addressed in such analyses include, but are not limited to: Expected
flow velocities (especially in constricted areas); expected wind and wave
action; ice loading; impact of debris;
slope protection techniques; duration
of flooding at various stages and velocities; embankment and foundation
materials; levee alignment, bends, and
transitions; and levee side slopes.
(4) Embankment and foundation stability. Engineering analyses that evaluate levee embankment stability must
be submitted. The analyses provided
shall evaluate expected seepage during
loading conditions associated with the
base flood and shall demonstrate that
seepage into or through the levee foundation and embankment will not jeopardize embankment or foundation stability. An alternative analysis demonstrating that the levee is designed
and constructed for stability against
loading conditions for Case IV as defined in the U.S. Army Corps of Engineers (COE) manual, ‘‘Design and Construction of Levees’’ (EM 1110–2–1913,
Chapter 6, Section II), may be used.
The factors that shall be addressed in
the analyses include: Depth of flooding,
duration of flooding, embankment geometry and length of seepage path at
critical locations, embankment and
foundation materials, embankment
compaction, penetrations, other design
factors affecting seepage (such as
drainage layers), and other design factors affecting embankment and foundation stability (such as berms).

(5) Settlement. Engineering analyses
must be submitted that assess the potential and magnitude of future losses
of freeboard as a result of levee settlement and demonstrate that freeboard
will be maintained within the minimum standards set forth in paragraph
(b)(1) of this section. This analysis
must address embankment loads, compressibility of embankment soils, compressibility of foundation soils, age of
the levee system, and construction
compaction methods. In addition, detailed settlement analysis using procedures such as those described in the
COE manual, ‘‘Soil Mechanics Design—
Settlement Analysis’’ (EM 1100–2–1904)
must be submitted.
(6) Interior drainage. An analysis must
be submitted that identifies the
source(s) of such flooding, the extent of
the flooded area, and, if the average
depth is greater than one foot, the
water-surface elevation(s) of the base
flood. This analysis must be based on
the joint probability of interior and exterior flooding and the capacity of facilities (such as drainage lines and
pumps) for evacuating interior floodwaters.
(7) Other design criteria. In unique situations, such as those where the levee
system has relatively high vulnerability, FEMA may require that other
design criteria and analyses be submitted to show that the levees provide
adequate protection. In such situations, sound engineering practice will
be the standard on which FEMA will
base its determinations. FEMA will
also provide the rationale for requiring
this additional information.
(c) Operation plans and criteria. For a
levee system to be recognized, the
operational criteria must be as described below. All closure devices or
mechanical systems for internal drainage, whether manual or automatic,
must be operated in accordance with
an officially adopted operation manual,
a copy of which must be provided to
FEMA by the operator when levee or
drainage system recognition is being
sought or when the manual for a previously recognized system is revised in
any manner. All operations must be
under the jurisdiction of a Federal or
State agency, an agency created by

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Fed. Emergency Mgmt. Agency, DHS

§ 65.11

Federal or State law, or an agency of a
community participating in the NFIP.
(1) Closures. Operation plans for closures must include the following:
(i) Documentation of the flood warning system, under the jurisdiction of
Federal, State, or community officials,
that will be used to trigger emergency
operation activities and demonstration
that sufficient flood warning time exists for the completed operation of all
closure structures, including necessary
sealing, before floodwaters reach the
base of the closure.
(ii) A formal plan of operation including specific actions and assignments of responsibility by individual
name or title.
(iii) Provisions for periodic operation, at not less than one-year intervals, of the closure structure for testing and training purposes.
(2) Interior drainage systems. Interior
drainage systems associated with levee
systems usually include storage areas,
gravity outlets, pumping stations, or a
combination thereof. These drainage
systems will be recognized by FEMA on
NFIP maps for flood protection purposes only if the following minimum
criteria are included in the operation
plan:
(i) Documentation of the flood warning system, under the jurisdiction of
Federal, State, or community officials,
that will be used to trigger emergency
operation activities and demonstration
that sufficient flood warning time exists to permit activation of mechanized
portions of the drainage system.
(ii) A formal plan of operation including specific actions and assignments of responsibility by individual
name or title.
(iii) Provision for manual backup for
the activation of automatic systems.
(iv) Provisions for periodic inspection
of interior drainage systems and periodic operation of any mechanized portions for testing and training purposes.
No more than one year shall elapse between either the inspections or the operations.
(3) Other operation plans and criteria.
Other operating plans and criteria may
be required by FEMA to ensure that
adequate protection is provided in specific situations. In such cases, sound
emergency management practice will

be the standard upon which FEMA determinations will be based.
(d) Maintenance plans and criteria. For
levee systems to be recognized as providing protection from the base flood,
the maintenance criteria must be as
described herein. Levee systems must
be maintained in accordance with an
officially adopted maintenance plan,
and a copy of this plan must be provided to FEMA by the owner of the
levee system when recognition is being
sought or when the plan for a previously recognized system is revised in
any manner. All maintenance activities must be under the jurisdiction of a
Federal or State agency, an agency
created by Federal or State law, or an
agency of a community participating
in the NFIP that must assume ultimate responsibility for maintenance.
This plan must document the formal
procedure that ensures that the stability, height, and overall integrity of
the levee and its associated structures
and systems are maintained. At a minimum, maintenance plans shall specify
the maintenance activities to be performed, the frequency of their performance, and the person by name or title
responsible for their performance.
(e) Certification requirements. Data
submitted to support that a given levee
system complies with the structural
requirements set forth in paragraphs
(b)(1) through (7) of this section must
be certified by a registered professional
engineer. Also, certified as-built plans
of the levee must be submitted. Certifications are subject to the definition
given at § 65.2 of this subchapter. In
lieu of these structural requirements, a
Federal agency with responsibility for
levee design may certify that the levee
has been adequately designed and constructed to provide protection against
the base flood.
[51 FR 30316, Aug. 25, 1986]

§ 65.11 Evaluation of sand dunes in
mapping coastal flood hazard areas.
(a) General conditions. For purposes of
the NFIP, FEMA will consider storminduced dune erosion potential in its
determination of coastal flood hazards
and risk mapping efforts. The criterion
to be used in the evaluation of dune
erosion will apply to primary frontal
dunes as defined in § 59.1, but does not

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§ 65.12

44 CFR Ch. I (10–1–21 Edition)

apply to artificially designed and constructed dunes that are not well-established with long-standing vegetative
cover, such as the placement of sand
materials in a dune-like formation.
(b) Evaluation criterion. Primary frontal dunes will not be considered as effective barriers to base flood storm
surges and associated wave action
where the cross-sectional area of the
primary frontal dune, as measured perpendicular to the shoreline and above
the 100-year stillwater flood elevation
and seaward of the dune crest, is equal
to, or less than, 540 square feet.
(c) Exceptions. Exceptions to the evaluation criterion may be granted where
it can be demonstrated through authoritative historical documentation
that the primary frontal dunes at a
specific site withstood previous base
flood storm surges and associated wave
action.

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[53 FR 16279, May 6, 1988]

§ 65.12 Revision of flood insurance
rate maps to reflect base flood elevations caused by proposed encroachments.
(a) When a community proposes to
permit encroachments upon the flood
plain when a regulatory floodway has
not been adopted or to permit encroachments upon an adopted regulatory floodway which will cause base
flood elevation increases in excess of
those permitted under paragraphs
(c)(10) or (d)(3) of § 60.3 of this subchapter, the community shall apply to
the Federal Insurance Administrator
for conditional approval of such action
prior to permitting the encroachments
to occur and shall submit the following
as part of its application:
(1) A request for conditional approval
of map change and the appropriate initial fee as specified by § 72.3 of this subchapter or a request for exemption
from fees as specified by § 72.5 of this
subchapter, whichever is appropriate;
(2) An evaluation of alternatives
which would not result in a base flood
elevation increase above that permitted under paragraphs (c)(10) or
(d)(3) of § 60.3 of this subchapter demonstrating why these alternatives are
not feasible;
(3) Documentation of individual legal
notice to all impacted property owners

within and outside of the community,
explaining the impact of the proposed
action on their property.
(4) Concurrence of the Chief Executive Officer of any other communities
impacted by the proposed actions;
(5) Certification that no structures
are located in areas which would be impacted by the increased base flood elevation;
(6) A request for revision of base
flood elevation determination according to the provisions of § 65.6 of this
part;
(7) A request for floodway revision in
accordance with the provisions of § 65.7
of this part;
(b) Upon receipt of the Federal Insurance Administrator’s conditional approval of map change and prior to approving the proposed encroachments, a
community shall provide evidence to
the Federal Insurance Administrator of
the adoption of flood plain management ordinances incorporating the increased base flood elevations and/or revised floodway reflecting the postproject condition.
(c) Upon completion of the proposed
encroachments, a community shall
provide as-built certifications in accordance with the provisions of § 65.3 of
this part. The Federal Insurance Administrator will initiate a final map
revision upon receipt of such certifications in accordance with part 67 of
this subchapter.
[53 FR 16279, May 6, 1988]

§ 65.13 Mapping and map revisions for
areas subject to alluvial fan flooding.
This section describes the procedures
to be followed and the types of information FEMA needs to recognize on a
NFIP map that a structural flood control measure provides protection from
the base flood in an area subject to alluvial fan flooding. This information
must be supplied to FEMA by the community or other party seeking recognition of such a flood control measure at
the time a flood risk study or restudy
is conducted, when a map revision
under the provisions of part 65 of this
subchapter is sought, and upon request
by the Federal Insurance Administrator during the review of previously
recognized flood control measures. The

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Fed. Emergency Mgmt. Agency, DHS

§ 65.14

FEMA review will be for the sole purpose of establishing appropriate risk
zone determinations for NFIP maps
and shall not constitute a determination by FEMA as to how the flood control measure will perform in a flood
event.
(a) The applicable provisions of
§§ 65.2, 65.3, 65.4, 65.6, 65.8 and 65.10 shall
also apply to FIRM revisions involving
alluvial fan flooding.
(b) The provisions of § 65.5 regarding
map revisions based on fill and the provisions of part 70 of this chapter shall
not apply to FIRM revisions involving
alluvial fan flooding. In general, elevations of a parcel of land or a structure by fill or other means, will not
serve as a basis for removing areas subject to alluvial fan flooding from an
area of special food hazards.
(c) FEMA will credit on NFIP maps
only major structural flood control
measures whose design and construction are supported by sound engineering analyses which demonstrate that
the measures will effectively eliminate
alluvial fan flood hazards from the area
protected by such measures. The provided analyses must include, but are
not necessarily limited to, the following:
(1) Engineering analyses that quantify the discharges and volumes of
water, debris, and sediment movement
associated with the flood that has a
one-percent probability of being exceeded in any year at the apex under
current watershed conditions and
under potential adverse conditions
(e.g., deforestation of the watershed by
fire). The potential for debris flow and
sediment movement must be assessed
using an engineering method acceptable to FEMA. The assessment should
consider the characteristics and availability of sediment in the drainage
basin above the apex and on the alluvial fan.
(2) Engineering analyses showing
that the measures will accommodate
the estimated peak discharges and volumes of water, debris, and sediment, as
determined in accordance with paragraph (c)(1) of this section, and will
withstand
the
associated
hydrodynamic and hydrostatic forces.
(3) Engineering analyses showing
that the measures have been designed

to withstand the potential erosion and
scour associated with estimated discharges.
(4) Engineering analyses or evidence
showing that the measures will provide
protection from hazards associated
with the possible relocation of flow
paths from other parts of the fan.
(5) Engineering analyses that assess
the effect of the project on flood hazards, including depth and velocity of
floodwaters and scour and sediment
deposition, on other areas of the fan.
(6)
Engineering
analyses
demonstrating that flooding from sources
other than the fan apex, including local
runoff, is either insignificant or has
been accounted for in the design.
(d) Coordination. FEMA will recognize
measures that are adequately designed
and constructed, provided that: evidence is submitted to show that the
impact of the measures on flood hazards in all areas of the fan (including
those not protected by the flood control measures), and the design and
maintenance requirements of the
measures, were reviewed and approved
by the impacted communities, and also
by State and local agencies that have
jurisdiction over flood control activities.
(e) Operation and maintenance plans
and criteria. The requirements for operation and maintenance of flood control
measures on areas subject to alluvial
fan flooding shall be those specified
under § 65.10, paragraphs (c) and (d),
when applicable.
(f) Certification requirements. Data
submitted to support that a given flood
control measure complies with the requirements set forth in paragraphs (c)
(1) through (6) of this section must be
certified by a registered professional
engineer. Also, certified as-built plans
of the flood control measures must be
submitted. Certifications are subject to
the definition given at § 65.2.
[54 FR 33551, Aug. 15, 1989, as amended at 74
FR 15342, Apr. 3, 2009]

§ 65.14 Remapping of areas for which
local flood protection systems no
longer provide base flood protection.
(a) General. (1) This section describes
the procedures to follow and the types

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§ 65.14

44 CFR Ch. I (10–1–21 Edition)

of information FEMA requires to designate flood control restoration zones.
A community may be eligible to apply
for this zone designation if the Federal
Insurance Administrator determines
that it is engaged in the process of restoring a flood protection system that
was:
(i) Constructed using Federal funds;
(ii) Recognized as providing base
flood protection on the community’s
effective FIRM; and
(iii) Decertified by a Federal agency
responsible for flood protection design
or construction.
(2) Where the Federal Insurance Administrator determines that a community is in the process of restoring its
flood protection system to provide base
flood protection, a FIRM will be prepared that designates the temporary
flood hazard areas as a flood control
restoration zone (Zone AR). Existing
special flood hazard areas shown on the
community’s effective FIRM that are
further inundated by Zone AR flooding
shall be designated as a ‘‘dual’’ flood
insurance rate zone, Zone AR/AE or
AR/AH with Zone AR base flood elevations, and AE or AH with base flood
elevations and Zone AR/AO with Zone
AR base flood elevations and Zone AO
with flood depths, or Zone AR/A with
Zone AR base flood elevations and
Zone A without base flood elevations.
(b) Limitations. A community may
have a flood control restoration zone
designation only once while restoring a
flood protection system. This limitation does not preclude future flood control restoration zone designations
should a fully restored, certified, and
accredited system become decertified
for a second or subsequent time.
(1) A community that receives Federal funds for the purpose of designing
or constructing, or both, the restoration project must complete restoration
or meet the requirements of 44 CFR
61.12 within a specified period, not to
exceed a maximum of 10 years from the
date of submittal of the community’s
application for designation of a flood
control restoration zone.
(2) A community that does not receive Federal funds for the purpose of
constructing the restoration project
must complete restoration within a
specified period, not to exceed a max-

imum of 5 years from the date of submittal of the community’s application
for designation of a flood control restoration zone. Such a community is
not eligible for the provisions of § 61.12.
The designated restoration period may
not be extended beyond the maximum
allowable under this limitation.
(c) Exclusions. The provisions of these
regulations do not apply in a coastal
high hazard area as defined in 44 CFR
59.1, including areas that would be subject to coastal high hazards as a result
of the decertification of a flood protection system shown on the community’s
effective FIRM as providing base flood
protection.
(d) Effective date for risk premium
rates. The effective date for any risk
premium rates established for Zone AR
shall be the effective date of the revised FIRM showing Zone AR designations.
(e) Application and submittal requirements for designation of a flood control
restoration zone. A community must
submit a written request to the Federal Insurance Administrator, signed
by the community’s Chief Executive
Officer, for a flood plain designation as
a flood control restoration zone. The
request must include a legislative action by the community requesting the
designation. The Federal Insurance Administrator will not initiate any action
to designate flood control restoration
zones without receipt of the formal request from the community that complies with all requirements of this section. The Federal Insurance Administrator reserves the right to request additional information from the community to support or further document
the community’s formal request for
designation of a flood control restoration zone, if deemed necessary.
(1) At a minimum, the request from a
community that receives Federal funds
for the purpose of designing, constructing, or both, the restoration
project must include:
(i) A statement whether, to the best
of the knowledge of the community’s
Chief Executive Officer, the flood protection system is currently the subject
matter of litigation before any Federal, State or local court or administrative agency, and if so, the purpose of
that litigation;

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Fed. Emergency Mgmt. Agency, DHS

§ 65.14

(ii) A statement whether the community has previously requested a determination with respect to the same subject matter from the Federal Insurance
Administrator, and if so, a statement
that details the disposition of such previous request;
(iii) A statement from the community and certification by a Federal
agency responsible for flood protection
design or construction that the existing flood control system shown on the
effective FIRM was originally built
using Federal funds, that it no longer
provides base flood protection, but that
it continues to provide protection from
the flood having at least a 3-percent
chance of occurrence during any given
year;
(iv) An official map of the community or legal description, with supporting documentation, that the community will adopt as part of its flood
plain management measures, which
designates developed areas as defined
in § 59.1 and as further defined in
§ 60.3(f).
(v) A restoration plan to return the
system to a level of base flood protection. At a minimum, this plan must:
(A) List all important project elements, such as acquisition of permits,
approvals, and contracts and construction schedules of planned features;
(B) Identify anticipated start and
completion dates for each element, as
well as significant milestones and
dates;
(C) Identify the date on which ‘‘as
built’’ drawings and certification for
the completed restoration project will
be submitted. This date must provide
for a restoration period not to exceed
the maximum allowable restoration period for the flood protection system,
or;
(D) Identify the date on which the
community will submit a request for a
finding of adequate progress that meets
all requirements of § 61.12. This date
may not exceed the maximum allowable restoration period for the flood
protection system;
(vi) A statement identifying the local
project sponsor responsible for restoration of the flood protection system;
(vii) A copy of a study, performed by
a Federal agency responsible for flood
protection design or construction in

consultation with the local project
sponsor, which demonstrates a Federal
interest in restoration of the system
and which deems that the flood protection system is restorable to a level of
base flood protection.
(viii) A joint statement from the
Federal agency responsible for flood
protection design or construction involved in restoration of the flood protection system and the local project
sponsor certifying that the design and
construction of the flood control system involves Federal funds, and that
the restoration of the flood protection
system will provide base flood protection;
(2) At a minimum, the request from a
community that receives no Federal
funds for the purpose of constructing
the restoration project must:
(i)
Meet
the
requirements
of
§ 65.14(e)(1)(i) through (iv);
(ii) Include a restoration plan to return the system to a level of base flood
protection. At a minimum, this plan
must:
(A) List all important project elements, such as acquisition of permits,
approvals, and contracts and construction schedules of planned features;
(B) Identify anticipated start and
completion dates for each element, as
well as significant milestones and
dates; and
(C) Identify the date on which ‘‘as
built’’ drawings and certification for
the completed restoration project will
be submitted. This date must provide
for a restoration period not to exceed
the maximum allowable restoration period for the flood protection system;
(iii) Include a statement identifying
the local agency responsible for restoration of the flood protection system;
(iv) Include a copy of a study, certified by registered Professional Engineer, that demonstrates that the flood
protection system is restorable to provide protection from the base flood;
(v) Include a statement from the
local agency responsible for restoration of the flood protection system certifying that the restored flood protection system will meet the applicable
requirements of Part 65; and

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§ 65.14

44 CFR Ch. I (10–1–21 Edition)

(vi) Include a statement from the
local agency responsible for restoration of the flood protection system
that identifies the source of funds for
the purpose of constructing the restoration project and a percentage of
the total funds contributed by each
source. The statement must demonstrate, at a minimum, that 100 percent of the total financial project cost
of the completed flood protection system has been appropriated.
(f) Review and response by the Federal
Insurance Administrator. The review and
response by the Federal Insurance Administrator shall be in accordance with
procedures specified in § 65.9.
(g) Requirements for maintaining designation of a flood control restoration
zone. During the restoration period, the
community and the cost-sharing Federal agency, if any, must certify annually to the FEMA Regional Office having jurisdiction that the restoration
will be completed in accordance with
the restoration plan within the time
period specified by the plan. In addition, the community and the cost-sharing Federal agency, if any, will update
the restoration plan and will identify
any permitting or construction problems that will delay the project completion from the restoration plan previously submitted to the Federal Insurance Administrator. The FEMA Regional Office having jurisdiction will
make an annual assessment and recommendation to the Federal Insurance
Administrator as to the viability of the
restoration plan and will conduct periodic on-site inspections of the flood
protection system under restoration.
(h) Procedures for removing flood control restoration zone designation due to
adequate progress or complete restoration
of the flood protection system. At any
time during the restoration period:
(1) A community that receives Federal funds for the purpose of designing,
constructing, or both, the restoration
project shall provide written evidence
of certification from a Federal agency
having flood protection design or construction responsibility that the necessary improvements have been completed and that the system has been restored to provide protection from the
base flood, or submit a request for a
finding of adequate progress that meets

all requirements of § 61.12. If the Administrator determines that adequate
progress has been made, FEMA will revise the zone designation from a flood
control restoration zone designation to
Zone A99.
(2) After the improvements have been
completed, certified by a Federal agency as providing base flood protection,
and reviewed by FEMA, FEMA will revise the FIRM to reflect the completed
flood control system.
(3) A community that receives no
Federal funds for the purpose of constructing the restoration project must
provide written evidence that the restored flood protection system meets
the requirements of part 65. A community that receives no Federal funds for
the purpose of constructing the restoration project is not eligible for a
finding of adequate progress under
§ 61.12.
(4) After the improvements have been
completed and reviewed by FEMA,
FEMA will revise the FIRM to reflect
the completed flood protection system.
(i) Procedures for removing flood control restoration zone designation due to
non-compliance with the restoration
schedule or as a result of a finding that
satisfactory progress is not being made to
complete the restoration. At any time
during the restoration period, should
the Federal Insurance Administrator
determine that the restoration will not
be completed in accordance with the
time frame specified in the restoration
plan, or that satisfactory progress is
not being made to restore the flood
protection system to provide complete
flood protection in accordance with the
restoration plan, the Federal Insurance
Administrator shall notify the community and the responsible Federal agency, in writing, of the determination,
the reasons for that determination, and
that the FIRM will be revised to remove the flood control restoration zone
designation. Within thirty (30) days of
such notice, the community may submit written information that provides
assurance that the restoration will be
completed in accordance with the time
frame specified in the restoration plan,
or that satisfactory progress is being
made to restore complete protection in
accordance with the restoration plan,
or that, with reasonable certainty, the

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Fed. Emergency Mgmt. Agency, DHS

§ 65.17

restoration will be completed within
the maximum allowable restoration period. On the basis of this information
the Federal Insurance Administrator
may suspend the decision to revise the
FIRM to remove the flood control restoration zone designation. If the community does not submit any information, or if, based on a review of the information submitted, there is sufficient cause to find that the restoration
will not be completed as provided for in
the restoration plan, the Federal Insurance Administrator shall revise the
FIRM, in accordance with 44 CFR Part
67, and shall remove the flood control
restoration zone designations and shall
redesignate those areas as Zone A1–30,
AE, AH, AO, or A.
[62 FR 55717, Oct. 27, 1997]

§ 65.15 List of communities submitting
new technical data.
This section provides a cumulative
list of communities where modifications of the base flood elevation determinations have been made because of
submission of new scientific or technical data. Due to the need for expediting the modifications, the revised
map is already in effect and the appeal
period commences on or about the effective date of the modified map. An
interim rule, followed by a final rule,
will list the revised map effective date,
local repository and the name and address of the Chief Executive Officer of
the community. The map(s) is (are) effective for both flood plain management and insurance purposes.
[51 FR 30317, Aug. 25, 1986. Redesignated at 53
FR 16279, May 6, 1988, and further redesignated at 54 FR 33551, Aug. 15, 1989. Redesignated at 59 FR 53599, Oct. 25, 1994]

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EDITORIAL NOTE: For references to FR
pages showing lists of eligible communities,
see the List of CFR Sections Affected, which
appears in the Finding Aids section of the
printed volume and at www.govinfo.gov.

§ 65.16 Standard Flood Hazard Determination Form and Instructions.
(a) Section 528 of the National Flood
Insurance Reform Act of 1994 (42 U.S.C.
1365(a)) directs FEMA to develop a
standard form for determining, in the
case of a loan secured by improved real
estate or a mobile home, whether the
building or mobile home is located in

an area identified by the Director as an
area having special flood hazards and
in which flood insurance under this
title is available. The purpose of the
form is to determine whether a building or mobile home is located within
an identified Special Flood Hazard
Area (SFHA), whether flood insurance
is required, and whether federal flood
insurance is available. Use of this form
will ensure that required flood insurance coverage is purchased for structures located in an SFHA, and will assist federal entities for lending regulation in assuring compliance with these
purchase requirements.
(b) The form is available by written
request to Federal Emergency Management Agency, PO Box 2012, Jessup, MD
20794; ask for the Standard Flood Hazard Determination form. It is also
available by fax-on-demand; call (202)
646–3362, form #23103. Finally, the form
is available through the Internet at
http://www.fema.gov/nfip/mpurfi.htm.
[63 FR 27857, May 21, 1998]

§ 65.17 Review of determinations.
This section describes the procedures
that shall be followed and the types of
information required by FEMA to review a determination of whether a
building or manufactured home is located within an identified Special
Flood Hazard Area (SFHA).
(a) General conditions. The borrower
and lender of a loan secured by improved real estate or a manufactured
home may jointly request that FEMA
review a determination that the building or manufactured home is located in
an identified SFHA. Such a request
must be submitted within 45 days of
the lender’s notification to the borrower that the building or manufactured home is in the SFHA and that
flood insurance is required. Such a request must be submitted jointly by the
lender and the borrower and shall include the required fee and technical information related to the building or
manufactured home. Elevation data
will not be considered under the procedures described in this section.
(b) Data and other requirements. Items
required for FEMA’s review of a determination shall include the following:
(1) Payment of the required fee by
check or money order, in U.S. funds,

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Pt. 66

44 CFR Ch. I (10–1–21 Edition)

payable to the National Flood Insurance Program;
(2) A request for FEMA’s review of
the determination, signed by both the
borrower and the lender;
(3) A copy of the lender’s notification
to the borrower that the building or
manufactured home is in an SFHA and
that flood insurance is required (the request for review of the determination
must be postmarked within 45 days of
borrower notification);
(4) A completed Standard Flood Hazard Determination Form for the building or manufactured home, together
with a legible hard copy of all technical data used in making the determination; and
(5) A copy of the effective NFIP map
(Flood Hazard Boundary Map (FHBM)
or Flood Insurance Rate Map (FIRM))
panel for the community in which the
building or manufactured home is located, with the building or manufactured home location indicated. Portions of the map panel may be submitted but shall include the area of the
building or manufactured home in
question together with the map panel
title block, including effective date,
bar scale, and north arrow.
(c) Review and response by FEMA.
Within 45 days after receipt of a request to review a determination,
FEMA will notify the applicants in
writing of one of the following:
(1) Request submitted more than 45
days after borrower notification; no review will be performed and all materials are being returned;
(2) Insufficient information was received to review the determination;
therefore, the determination stands
until a complete submittal is received;
or
(3) The results of FEMA’s review of
the determination, which shall include
the following:
(i) The name of the NFIP community
in which the building or manufactured
home is located;
(ii) The property address or other
identification of the building or manufactured home to which the determination applies;
(iii) The NFIP map panel number and
effective date upon which the determination is based;

(iv) A statement indicating whether
the building or manufactured home is
within the Special Flood Hazard Area;
(v) The time frame during which the
determination is effective.
[60 FR 62218, Dec. 5, 1995]

PART 66—CONSULTATION WITH
LOCAL OFFICIALS
Sec.
66.1 Purpose of part.
66.2 Definitions.
66.3 Establishment of community case file
and flood elevation study docket.
66.4 Appointment of consultation coordination officer.
66.5 Responsibilities for consultation and
coordination.
AUTHORITY: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978; E.O. 12127.

§ 66.1

Purpose of part.

(a) The purpose of this part is to
comply with section 206 of the Flood
Disaster Protection Act of 1973 (42
U.S.C. 4107) by establishing procedures
for flood elevation determinations of
Zones A1–30, AE, AH, AO and V1–30,
and VE within the community so that
adequate consultation with the community officials shall be assured.
(b) The procedures in this part shall
apply when base flood elevations are to
be determined or modified.
(c) The Federal Insurance Administrator or his delegate shall:
(1) Specifically request that the community submit pertinent data concerning flood hazards, flooding experience, plans to avoid potential hazards,
estimate of historical and prospective
economic impact on the community,
and such other appropriate data (particularly if such data will necessitate a
modification of a base flood elevation).
(2) Notify local officials of the
progress of surveys, studies, investigations, and of prospective findings,
along with data and methods employed
in reaching such conclusions; and
(3) Encourage local dissemination of
surveys, studies, and investigations so
that interested persons will have an opportunity to bring relevant data to the
attention of the community and to the
Federal Insurance Administrator.

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