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Home My WebLink About20242304.tiffU.S. Department of Homeland Security Washington, DC 20472 August 19, 2024 CERTIFIED MAIL RETURN RECEIPT REQUESTED The Honorable Kevin D. Ross Chairperson, Weld County Board of Commissioners Post Office Box 758 Greeley, Colorado 80632 Dear Chairperson Ross: FEMA RECEIVED AUG 2 2 2024 WELD COUNTY COMMISSIONERS I am writing this letter as an official reminder that Weld County, Colorado, has until September 26, 2024, to adopt and have the Department of Homeland Security's Federal Emergency Management Agency (FEMA) Regional Office approve floodplain management measures that satisfy 44 Code of Federal Regulations (CFR) Section 60.3(d) of the National Flood Insurance Program (NFIP) regulations. Weld County must adopt floodplain management measures, such as a floodplain management ordinance, that meet or exceed the minimum NFIP requirements (copy enclosed) by September 26, 2024, to avoid suspension from the NFIP. If suspended, your community becomes ineligible for flood insurance through the NFIP, new insurance policies cannot be sold, and existing policies cannot be renewed. Under the Flood Disaster Protection Act of 1973, as amended, flood insurance must be purchased by property owners seeking any Federal financial assistance for construction or acquisition of buildings in Special Flood Hazard Areas (SFHAs). This financial assistance includes certain federally guaranteed mortgages and direct loans, federal disaster relief loans and grants, as well as other similarly described assistance from FEMA and other agencies. In addition, all loans individuals obtain from Federally regulated, supervised, or insured lending institutions that are secured by improved real estate located in SFHAs are also contingent upon the borrower obtaining flood insurance coverage on the building. However, purchasing and maintaining flood insurance coverage on a voluntary basis is frequently recommended for properties located outside SFHAs. C©MWlu ;0 n 5 09/o.4 (29 cc.. PL(8R/Mu(bA/DA/MI(5, Og1''CRR% Pt,2(CHIDD) off/2°I /2y www.fema.gov 2024-2304 The Honorable Kevin D. Ross August 19, 2024 Page 2 Your NFIP State Coordinator and FEMA would like to assist Weld County to ensure it remains in good standing with the NFIP and avoids suspension from the Program. If your community is suspended, it may regain its eligibility in the NFIP by enacting the floodplain management measures established in 44 CFR Section 60.3 of the NFIP regulations. As stated in my previous correspondence, I recommend you contact your NFIP State Coordinator or the FEMA Regional Office if Weld County is encountering difficulties in enacting its measures. I recognize that your community may be in the final adoption process or may have recently adopted the appropriate floodplain management measures. Please submit these measures to the Floodplain Management Program at the Colorado Water Conservation Board. Doug Mahan, CFM, the NFIP State Coordinator, is accessible by telephone at (303) 866-3441, Extension 3221, in writing at 1313 Sherman Street, Room 718, Denver, Colorado 80203, or by electronic mail at doug.mahan@state.co.us. The FEMA Regional staff in Denver, Colorado, is also available to assist you with your floodplain management measures. The FEMA Regional Office may be contacted by telephone at (303) 235-4975 or in writing. Please send your written inquiries to the Director, Mitigation Division, FEMA Region 8, at the Denver Federal Center, Building 710, Box 25267, Denver, Colorado 80225. In the event your community does not adopt and/or submit the necessary floodplain management measures that meet or exceed the minimum NFIP requirements, I must take the necessary steps to suspend your community from the NFIP. This letter is FEMA's final notification before your community is suspended from the Program. Additional information on community suspensions as proposed, other notices of current NFIP community status information, and details regarding updated publication requirements of community eligibility status information under the NFIP can be found on the Community Status Book section of our website at www.fema.gov/flood-insurance/work-with-nfip/community-status-book. Notices for scheduled suspension will be available on the National Flood Insurance Community Status and Public Notification section of our website at www.fema.gov/flood-insurance/work-with- nfip/community-status-book/public-notification. Individuals without internet access will be able to The Honorable Kevin D. Ross August 19, 2024 Page 2 contact their local floodplain management official and/or NFIP State Coordinating Office directly for assistance. Sincerely, ez, ..4"...7: Rachel Sears, Director Floodplain Management Division Mitigation Directorate I FEMA Enclosure cc: Nancy Dragani, Regional Administrator, FEMA Region 8 Doug Mahan, CFM, NFIP State Coordinator, Colorado Water Conservation Board Dawn Anderson, Floodplain Administrator, Weld County §59.24 44 CFR Ch. I (10-1-20 Edition) and then selected from this register for ratemaking studies on the basis of the following considerations — (a) Recommendations of State offi- cials; (b) Location of community and ur- gency of need for flood insurance; (c) Population of community and in- tensity of existing or proposed develop- ment of the flood plain, the mudslide (i.e., mudflow) and the flood -related erosion area; (d) Availability of information on the community with respect to its flood, mudslide (i.e., mudflow) and flood -re- lated erosion characteristics and pre- vious losses; (e) Extent of State and local progress in flood plain, mudslide (i.e., mudflow) area and flood -related erosion area management, including adoption of flood plain management regulations consistent with related ongoing pro- grams in the area. (41 FR 46968, Oct. 26, 1976. Redesignated at 44 FR 31177, May 31, 1979] § 59.24 Suspension of community eligi- bility. (a) A community eligible for the sale of flood insurance shall be subject to suspension from the Program for fail- ing to submit copies of adequate flood plain management regulations meeting the minimum requirements of para- graphs (b), (c), (d), (e) or (f) of §60.3 or paragraph (b) of §60.4 or §60.5, within six months from the date the Federal Insurance Administrator provides the data upon which the flood plain regula- tions for the applicable paragraph shall be based. Where there has not been any submission by the community, the Federal Insurance Administrator shall notify the community that 90 days re- main in the six month period in order to submit adequate flood plain man- agement regulations. Where there has been an inadequate submission, the Federal Insurance Administrator shall notify the community of the specific deficiencies in its submitted flood plain management regulations and inform the community of the amount of time remaining within the six month period. If, subsequently, copies of adequate flood plain management regulations are not received by the Federal Insur- ance Administrator, no later than 30 days before the expiration of the origi- nal six month period the Federal Insur- ance Administrator shall provide writ- ten notice to the community and to the state and assure publication in the FEDERAL REGISTER under part 64 of this subchapter of the community's loss of eligibility for the sale of flood insur- ance, such suspension to become effec- tive upon the expiration of the six month period. Should the community remedy the defect and the Federal In- surance Administrator receive copies of adequate flood plain management regulations within the notice period, the suspension notice shall be re- scinded by the Federal Insurance Ad- ministrator. If the Federal Insurance Administrator receives notice from the State that it has enacted adequate flood plain management regulations for the community within the notice period, the suspension notice shall be rescinded by the Federal Insurance Ad- ministrator. The community's eligi- bility shall remain terminated after suspension until copies of adequate flood plain management regulations have been received and approved by the Federal Insurance Administrator. (b) A community eligible for the sale of flood insurance which fails to ade- quately enforce flood plain manage- ment regulations meeting the min- imum requirements set forth in §§60.3, 60.4 and/or 60.5 shall be subject to pro- bation. Probation shall represent for- mal notification to the community that the Federal Insurance Adminis- trator regards the community's flood plain management program as not compliant with NFIP criteria. Prior to imposing probation, the Federal Insur- ance Administrator (1) shall inform the community upon 90 days prior written notice of the impending probation and of the specific program deficiencies and violations relative to the failure to en- force, (2) shall, at least 60 days before probation is to begin, issue a press re- lease to local media explaining the rea- sons for and the effects of probation, and (3) shall, at least 90 days before probation is to begin, advise all policy- holders in the community of the im- pending probation and the additional premium that will be charged, as pro- vided in this paragraph, on policies sold or renewed during the period of 136 Fed. Emergency Mgmt. Agency, DHS §59.24 probation. During this 90 -day period the community shall have the oppor- tunity to avoid probation by dem- onstrating compliance with Program requirements, or by correcting Pro- gram deficiencies and remedying all violations to the maximum extent pos- sible. If, at the end of the 90 -day period, the Federal Insurance Administrator determines that the community has failed to do so, the probation shall go into effect. Probation may be contin- ued for up to one year after the com- munity corrects all Program defi- ciencies and remedies all violations to the maximum extent possible. Flood insurance may be sold or renewed in the community while it is on proba- tion. Where a policy covers property lo- cated in a community placed on proba- tion on or after October 1, 1986, but prior to October 1, 1992, an additional premium of $25.00 shall be charged on each such policy newly issued or re- newed during the one-year period be- ginning on the date the community is placed on probation and during any successive one-year periods that begin prior to October 1, 1992. Where a com- munity's probation begins on or after October 1, 1992, the additional premium described in the preceding sentence shall be $50.00, which shall also be charged during any successive one-year periods during which the community remains on probation for any part thereof. This $50.00 additional premium shall further be charged during any successive one-year periods that begin on or after October 1, 1992, where the preceding one-year probation period began prior to October 1, 1992. (c) A community eligible for the sale of flood insurance which fails to ade- quately enforce its flood plain manage- ment regulations meeting the min- imum requirements set forth in §§60.3, 60.4 and/or 60.5 and does not correct its Program deficiencies and remedy all violations to the maximum extent pos- sible in accordance with compliance deadlines established during a period of probation shall be subject to suspen- sion of its Program eligibility. Under such circumstances, the Federal Insur- ance Administrator shall grant the community 30 days in which to show cause why it should not be suspended. The Federal Insurance Administrator may conduct a hearing, written or oral, before commencing suspensive action. If a community is to be suspended, the Federal Insurance Administrator shall inform it upon 30 days prior written notice and upon publication in the FEDERAL REGISTER under part 64 of this subchapter of its loss of eligibility for the sale of flood insurance. In the event of impending suspension, the Federal Insurance Administrator shall issue a press release to the local media ex- plaining the reasons and effects of the suspension. The community's eligi- bility shall only be reinstated by the Federal Insurance Administrator upon his receipt of a local legislative or ex- ecutive measure reaffirming the com- munity's formal intent to adequately enforce the flood plain management re- quirements of this subpart, together with evidence of action taken by the community to correct Program defi- ciencies and remedy to the maximum extent possible those violations which caused the suspension. In certain cases, the Federal Insurance Administrator, in order to evaluate the community's performance under the terms of its sub- mission, may withhold reinstatement for a period not to exceed one year from the date of his receipt of the sat- isfactory submission or place the com- munity on probation as provided for in paragraph (b) of this section. (d) A community eligible for the sale of flood insurance which repeals its flood plain management regulations, allows its regulations 'to lapse, or amends its regulations so that they no longer meet the minimum require- ments set forth in §§60.3, 60.4 and/or 60.5 shall be suspended from the Pro- gram. If a community is to be sus- pended, the Federal Insurance Admin- istrator shall inform it upon 30 days prior written notice and upon publica- tion in the FEDERAL REGISTER under part 64 of this subchapter of its loss of eligibility for the sale of flood insur- ance. The community eligibility shall remain terminated after suspension until copies of adequate flood plain management regulations have been re- ceived and approved by the Federal In- surance Administrator. (e) A community eligible for the sale of flood insurance may withdraw from 137 Pt. 60 the Program by submitting to the Fed- eral Insurance Administrator a copy of a legislative action that explicitly states its desire to withdraw from the National Flood Insurance Program. Upon receipt of a certified copy of a final legislative action, the Federal In- surance Administrator shall withdraw the community from the Program and publish in the FEDERAL REGISTER under part 64 of this subchapter its loss of eli- gibility for the sale of flood insurance. A community that has withdrawn from the Program may be reinstated if its submits the application materials spec- ified in §59.22(a). (f) If during a period of ineligibility under paragraphs (a), (d), or (e) of this section, a community has permitted actions to take place that have aggra- vated existing flood plain, mudslide (i.e., mudflow) and/or flood related ero- sion hazards, the Federal Insurance Ad- ministrator may withhold reinstate- ment until the community submits evi- dence that it has taken action to rem- edy to the maximum extent possible the increased hazards. The Federal In- surance Administrator may also place the reinstated community on probation as provided for in paragraph (b) of this section. (g) The Federal Insurance Adminis- trator shall promptly notify the serv- icing company and any insurers issuing flood insurance pursuant to an ar- rangement with the Federal Insurance Administrator of those communities whose eligibility has been suspended or which have withdrawn from the pro- gram. Flood insurance shall not be sold or renewed in those communities. Poli- cies sold or renewed within a commu- nity during a period of ineligibility are deemed to be voidable by the Federal Insurance Administrator whether or 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] 44 CFR Ch. I (10-1-20 Edition) 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 R —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 flood - prone areas. 60.23 Planning considerations for mudslide (i.e., mudflow)-prone areas. 60.24 Planning considerations for flood -re- lated erosion -prone areas. 60.25 Designation, duties, and responsibil- ities of State Coordinating Agencies. 60.26 Local coordination. AUTHORITY: 42 U.S.C. 4001 et seq.; Reorga- nization Plan No. 3 of 1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; E.O. 12127 of Mar. 31, 1979, 44 FR 19367, 3 CFR, 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 insur- ance shall not be sold or renewed under 138 Fed. Emergency Mgmt. Agency, DHS §60.2 the program within a community, un- less the community has adopted ade- quate flood plain management regula- tions consistent with Federal criteria. Responsibility for establishing such criteria is delegated to the Federal In- surance Administrator. (b) This subpart sets forth the cri- teria developed in accordance with the Act by which the Federal Insurance Administrator will determine the ade- quacy of a community's flood plain management regulations. These regu- lations must be legally -enforceable, ap- plied uniformly throughout the com- munity to all privately and publicly owned land within flood -prone, mudslide (i.e., mudflow) or flood -re- lated erosion areas, and the commu- nity must provide that the regulations take precedence over any less restric- tive conflicting local laws, ordinances or codes. Except as otherwise provided in §60.6, the adequacy of such regula- tions 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 eligi- ble communities must take into ac- count flood, mudslide (i.e., mudflow) and flood -related erosion hazards, to the extent that they are known, in all official actions relating to land man- agement and use. (d) The criteria set forth in this sub- part 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 com- munity may exceed the minimum cri- teria 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 of- ficials may have access to information or knowledge of conditions that re- quire, particularly for human safety, higher standards than the minimum criteria set forth in subpart A of this part. Therefore, any flood plain man- agement 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. [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] §6s.2 Minimum compliance with flood plain management criteria. (a) A flood -prone community apply- ing 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 In- surance 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 com- munity has received a FHBM, but has not yet applied for Program eligibility, the community shall apply for eligi- bility directly under the standards set forth in §60.3(b). Thereafter, the com- munity will be given a period of six months from the date the Federal In- surance 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 insur- ance eligibility shall meet the stand- ards of §50.4(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 de- lineated in which to meet the require- ments of §50.4(b). (c) A flood -related erosion -prone community applying for flood insur- ance eligibility shall meet the stand- ards 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 de- lineated in which to meet the require- ments of §60.5(b). (d) Communities identified in part 65 of this subchapter as containing more than one type of hazard (e.g., any com- bination of special flood, mudslide (i.e., mudflow), and flood -related erosion hazard areas) shall adopt flood plain management regulations for each type 139 §60.3 44 CFR Ch. I (10-1-20 Edition) of hazard consistent with the require- ments 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 respon- sible for submitting annual or biennial reports to the Federal Insurance Ad- ministrator pursuant to §59.22(b)(2) of this subchapter shall also submit cop- ies 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 regu- lations based on data provided by the Federal Insurance Administrator. Without prior approval of the Federal Insurance Administrator, the commu- nity 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 Admin- istrator has not provided sufficient data to furnish a basis for these regula- tions 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 Fed- eral Insurance Administrator. How- ever, when special flood hazard area designations and water surface ele- vations 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 par- ticular community depend on the amount of technical data formally pro- vided to the community by the Federal Insurance Administrator. Minimum standards for communities are as fol- lows: p (a) When the Federal Insurance Ad- ministrator has not defined the special flood hazard areas within a commu- nity, 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 appli- cation to participate in the Program, the community shall: (1) Require permits for all proposed construction or other development in the community, including the place- ment of manufactured homes, so that it may determine whether such con- struction or other development is pro- posed 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 re- quired by Federal or State law, includ- ing 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 construc- tion and substantial improvements shall (i) be designed (or modified) and adequately anchored to prevent flota- tion, collapse, or lateral movement of the structure resulting from hydro- dynamic and hydrostatic loads, includ- ing the effects of buoyancy, (ii) be con- structed 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 equip- ment and other service facilities that are designed and/or located so as to prevent water from entering or accu- mulating within the components dur- ing conditions of flooding. 140 Fed. Emergency Mgmt. Agency, DHS §60.3 (4) Review subdivision proposals and other proposed new development, in- cluding 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 pro- posals shall be reviewed to assure that (i) all such proposals are consistent with the need to minimize flood dam- age within the flood -prone area, (ii) all public utilities and facilities, such as sewer, gas, electrical, and water sys- tems 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 sys- tems 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 sew- age systems to be designed to minimize or eliminate infiltration of flood wa- ters 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 Ad- ministrator has designated areas of special flood hazards (A zones) by the publication of a community's FHBM or FIRM, but has neither produced water abrface 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 manufac- tured 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 develop- ment within Zone A on the commu- nity's FHBM or FIRM; (3) Require that all new subdivision proposals and other proposed develop- ments (including proposals for manu- factured home parks and subdivisions) greater than 50 lots or 5 acres, which- ever is the lesser, include within such proposals base flood elevation data; (4) Obtain, review and reasonably uti- lize any base flood elevation and floodway data available from a Fed- eral, State, or other source, including data developed pursuant to paragraph (b)(3) of this section, as criteria for re- quiring that new construction, sub- stantial improvements, or other devel- opment 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 com- munity'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 para- graph (c)(3)(ii) of this section, the ele- vation (in relation to mean sea level) to which the structure was floodproofed, and (iii) Maintain a record of all such in- formation with the official designated by the community under §59.22 (a)(9)(iii); (6) Notify, in riverine situations, ad- jacent communities and the State Co- ordinating Office prior to any alter- ation or relocation of a watercourse, and submit copies of such notifications to the Federal Insurance Adminis- trator; (7) Assure that the flood carrying ca- pacity within the altered or relocated portion of any watercourse is main- tained; (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, manufac- tured homes must be elevated and an- chored to resist flotation, collapse, or lateral movement. Methods of anchor- ing may include, but are not to be lim- ited to, use of over -the -top or frame ties to ground anchors. This require- ment is in addition to applicable State and local anchoring requirements for resisting wind forces. (c) When the Federal Insurance Ad- ministrator has provided a notice of final flood elevations for one or more 141 §60.3 44 CFR Ch. I (10-1-20 Edition) special flood hazard areas on the com- munity'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 commu- nity shall: (1) Require the standards of para- graph (b) of this section within all Al - 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 resi- dential structures within Zones Al -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 allow- ance of basements in accordance with §60.6 (b) or (c); (3) Require that all new construction and substantial improvements of non- residential structures within Zones Al - 30, AE and AH zones on the commu- nity's firm (i) have the lowest floor (in- cluding basement) elevated to or above the base flood level or, (ii) together with attendant utility and sanitary fa- cilities, be designed so that below the base flood level the structure is water- tight with walls substantially imper- meable 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-residen- tial 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 construction are in accordance with ac- cepted standards of practice for meet- ing the applicable provisions of para- graph (c)(3)(ii) or (c)(8)(ii) of this sec- tion, and (ii) a record of such certifi- cates which includes the specific ele- vation (in relation to mean sea level) to which such structures are floodproofed shall be maintained with the official designated by the commu- nity 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 hy- drostatic 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 fol- lowing 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 sub- ject to flooding shall be provided. The bottom of all openings shall be no high- er than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the auto- matic entry and exit of floodwaters. (6) Require that manufactured homes that are placed or substantially im- proved within Zones Al -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 subdivi- sion, or (iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred "sub- stantial damage" as the result of a flood, be elevated on a permanent foun- dation 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 an- chored foundation system to resist floatation collapse and lateral move- ment. (7) Require within any AO zone on the community's FIRM that all new construction and substantial improve- ments 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 commu- nity's FIRM (at least two feet if no depth number is specified); 142 Fed. Emergency Mgmt. Agency, DHS §60.3 (8) Require within any AO zone on the community's FIRM that all new construction and substantial improve- ments of nonresidential structures (i) have the lowest floor (including base- ment) elevated above the highest adja- cent grade at least as high as the depth number specified in feet on the commu- nity's FIRM (at least twd feet if no depth number is specified), or (ii) to- gether with attendant utility and sani- tary 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 improve- ments, or other development (including fill) shall be permitted within Zones Al -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 develop- ment, will not increase the water sur- face 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 struc- tures on slopes, to guide floodwaters around and away from proposed struc- tures. (12) Require that manufactured homes to be placed or substantially im- proved on sites in an existing manufac- tured home park or subdivision within Zones A-1-30, AH, and AE on the com- munity'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 manufac- tured home is at or above the base flood elevation, or (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 ade- quately anchored foundation system to resist floatation, collapse, and lateral movement. (13) Notwithstanding any other provi- sions of §60.3, a community may ap- prove 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 com- munity first applies for a conditional FIRM revision, fulfills the require- ments for such a revision as estab- lished under the provisions of §65.12, and receives the approval of the Fed- eral Insurance Administrator. (14) Require that recreational vehi- cles placed on sites within Zones Al -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 para- graph (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 per- manently attached additions. (d) When the Federal Insurance Ad- ministrator has provided a notice of final base flood elevations within Zones Al -30 and/or AE on the commu- nity'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 commu- nity shall: (1) Meet the requirements of para- graphs (c) (1) through (14) of this sec- tion; (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 in- creasing the water surface elevation of that flood more than one foot at any point; (3) Prohibit encroachments, includ- ing fill, new construction, substantial improvements, and other development within the adopted regulatory 143 §60.3 44 CFR Ch. I (10-1-20 Edition) floodway unless it has been dem- onstrated through hydrologic and hy- draulic analyses performed in accord- ance with standard engineering prac- tice that the proposed encroachment would not result in any increase in flood levels within the community dur- ing the occurrence of the base, flood discharge; (4) Notwithstanding any other provi- sions of §60.3, a community may per- mit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first ap- plies for a conditional FIRM and floodway revision, fulfills the require- ments for such revisions as established under the provisions of §65.12, and re- ceives the approval of the Federal In- surance Administrator. (e) When the Federal Insurance Ad- ministrator has provided a notice of final base flood elevations within Zones Al -30 and/or AE on the commu- nity'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 com- munity's FIRM coastal high hazard areas by designating Zones V1-30, VE, and/or V, the community shall: (1) Meet the requirements of para- graphs (c)(1) through (14) of this sec- tion; (2) Within Zones V1-30, VE, and Von 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 struc- tures, and whether or not such struc- tures contain a basement, and (ii) maintain a record of all such informa- tion 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; (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 bot- tom 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 vales: used shall be those asso- ciated with the base flood. Wind load- ing values used shall be those required by applicable State or local building standards. A registered professional en- gineer or architect shall develop or re- view the structural design, specifica- tions 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 commu- nity's FIRM have the space below the lowest floor either free of obstruction or constructed with non -supporting breakaway walls, open wood lattice- work, or insect screening intended to collapse under wind and water loads without causing collapse, displace- ment, 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 re- sistance 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 cer- tifies that the designs proposed meet the following conditions: (i) Breakaway wall collapse shall re- sult from a water load less than that which would occur during the base flood; and, (ii) The elevated portion of the build- ing and supporting foundation system shall not be subject to collapse, dis- placement, 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 144 Fed. Emergency Mgmt. Agency, DHS §60.3 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 struc- tural 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 with- in Zones V1-30, VE, and V on the com- munity's FIRM which would increase potential flood damage. (8) Require that manufactured homes placed or substantially improved with- in Zones V1-30, V, and VE on the com- munity'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 subdivi- sion, or (iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred "sub- stantial 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 (t)(12) of this section. (9) Require that recreational vehicles placed on sites within Zones V1-30, V, and VE on the community's FIRM ei- ther (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 para- graphs (b)(1) and (e) (2) through (7) 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 per- manently attached additions. (f) When the Federal Insurance Ad- ministrator has provided a notice of final base flood elevations within Zones Al -30 or AE on the community's FIRM, and, if appropriate, has des- ignated AH zones, AO zones, A99 zones, and A zones on the community's FIRM, and has identified flood protection res- toration 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 para- graphs (c)(1) through (14) and (d)(1) through (4) of this section. (2) Adopt the official map or legal de- scription 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 struc- tures 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 ele- vation that is 3 feet above highest adja- cent grade; and (ii) Using this elevation, require the standards of paragraphs (c)(1) through (14) of this section. (4) For all new construction of struc- tures 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 ele- vation; and (ii) Using that elevation require the standards of paragraphs (c)(1) through (14) of this section. (5) For all new construction of struc- tures in areas within Zone AR/A1-30, AR/AE, AR/AH, AR/AO, and AR/A: (i) Determine the applicable ele- vation for Zone AR from paragraphs (a)(3) and (4) of this section; (ii) Determine the base flood ele- vation or flood depth for the under- lying Al -30, AE, AH, AO and A Zone; and (iii) Using the higher elevation from paragraphs (a)(5)(i) and (ii) of this sec- tion require the standards of para- graphs (c)(1) through (14) of this sec- tion. (6) For all substantial improvements to existing construction within Zones 145 §60.4 44 CFR Ch. I (10-1-20 Edition) AR/A1-30, AR/AE, AR/AH, AR/AO, and AR/A: (i) Determine the Al -30 or AE, AH, AO, or A Zone base flood elevation; and (ii) Using this elevation apply the re- quirements 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 Ci- tations 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 Admin- istrator has not provided sufficient data to furnish a basis for these regula- tions 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 Fed- eral Insurance Administrator. How- ever, when special mudslide (i.e., mud - flow) hazard area designations have been furnished by the Federal Insur- ance Administrator, they shall apply. The symbols_ defining such special mudslide (i.e., mudflow) hazard des- ignations are set forth in §64.3 of this subchapter. In all cases, the minimum requirements for mudslide (i.e., mud - flow) -prone areas adopted by a par- ticular community depend on the amount of technical data provided to the community by the Federal Insur- ance Administrator. Minimum stand- ards for communities are as follows: (a) When the Federal Insurance Ad- ministrator has not yet identified any area within the community as an area having special mudslide (i.e., mudflow) hazards, but the community has indi- cated the presence of such hazards by submitting an application to partici- pate in the Program, the community shall (1) Require permits for all proposed construction or other development in the community so that it may deter- mine whether development is proposed within mudslide (i.e., mudflow)-prone areas; (2) Require review of each permit ap- plication 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 evi- dence 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 pro- posed structure will impose on the slope; (3) Require, if a proposed site and im- provements 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 improve- ments are adequately designed and pro- tected against mudslide (i.e., mudflow) damages, (iii) the proposed grading, ex- cavations, new construction and sub- stantial improvements do not aggra- vate the existing hazard by creating ei- ther on -site or off -site disturbances, and (iv) drainage, planting, watering, and maintenance be such as not to en- danger slope stability. (b) When the Federal Insurance Ad- ministrator has delineated Zone M on the community's FIRM, the commu- nity shall: (1) Meet the requirements of para- graph (a) of this section; and (2) Adopt and enforce a grading ordi- nance 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) reg- ulates 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, 146 Hello