HomeMy WebLinkAbout740348.tiff RESOLUTION
WHEREAS, certain areas of Weld County, Colorado are subject
to periodic flooding from streams, rivers, lakes, reservoirs, etc. ,
causing serious damages to properties within these areas; and
WHEREAS, relief is available in the form of Federally subsidized
flood insurance as authorized by the National Flood Insurance Act of 1968;
and
WHEREAS, it is the intent of this Board to require the recognition
and evaluation of flood hazards in all official actions relating to land use in
the flood plain areas having special flood hazards; and
WHEREAS, this Board has the legal authority to adopt land use
and control measures to reduce future flood losses pursuant to Chapter 36,
Article 15, and Chapter 106, Articles 2 and 7, Colorado Revised Statutes
1963, as amended;
NOW, THEREFORE, BE IT RESOLVED, by the Board of County
Commissioners, Weld County, Colorado, and it hereby:
1. Assures the Federal Insurance Administration that it will enact
as necessary, and maintain in force for those areas having flood hazards,
adequate land use and control measures with effective enforcement provi-
sions consistent with the Criteria set forth in Section 1910 of the National
Flood Insurance Program Regulations; and
2. Vests the Weld County Planning Commission with the respon-
sibility, authority, and means to:
(a) Delineate or assist the Administrator, at his request,
in delineating the limits of the areas having special flood hazards on avail-
able local maps of sufficient scale to identify the location of building sites.
(b) Provide such information as the Administrator may re-
quest concerning present uses and occupancy of the flood plain.
(c) Cooperate with Federal, State, and local agencies and
private firms which undertake to study, survey, mark and identify flood
plain areas, and cooperate with neighboring communities with respect to
management of adjoining flood plain areas in order to prevent aggravation
of existing hazards.
(d) Submit on the anniversary date of the community's initial
eligibility as annual report to the Administrator on the progress made during
the past year within the community in the development and implementation
of flood plain management measures.
3. Appoints the Weld County Planning Commission to maintain for
public inspection and to furnish upon request a record of elevations (in
relation to mean sea level) of the lowest floor (including basement) of all
new or substantially improved structures located in the special flood
hazard areas. If the lowest floor is below grade on one or more sides,
the elevation of the floor immediately above must also be recorded.
4. Agrees to take such other official action as may be reasonably
Pis 740348
necessary to carry out the objectives of the program.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 12 day of
August, A. D., 1974.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST: -2_ %,5—ZZ ,
Weld County Clerk and Recorder
and Clerk to the Board
By }` ,.. ^ "f i i r4--?
Deputy County Clerk
APPROy.E3 AS TO l'ORM:_ ..._..__�
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County Attotney
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%MI TUESDAY, OKOOBER 26, 1976
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0 DEPARTMENT OF
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DEVELOPMENT
0 Federal Insurance
161. Administration
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IMO NATIONAL FLOOD
INSURANCE PROGRAM
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MOMReprinted, the Denartnent 'of
:lousing &Urban Development
46962 RULES AND REGULATIONS
Title 24—Housing and Urban Development Both commentators and administra- of state-owned properties under self-
CHAPTER X—FEDERAL INSURANCE tors of the Program found that flood insurance plan).
ADMINISTRATION plain management is an issue involving Three key areas of concern were ex-
SUBCHAPTER B—NATIONAI.FLOOD both the domestic economy and the pressed in the comments.There were in-
INSURANCE PROGRAM health and welfare of the Nation. Most dividuals or organizations who generally
[Docket Nos.R-75-315,75-324,95-335, private citizens are unaware, unless im- support the purposes of the Program,al-
R-76-366] mediately affected, of the precise nature though suggesting technical changes:
of the issues facing the Nation on this there were those who contend the Pro-
REVISION Problem.Although the feasibility of flood gram as ming constituted of t is Nation's
GENERAL insurance as a possible solution and floe in promoting wise use the Nation's
On January 21, 1975, March 26, 1975, viable alternative was reflected in legis- flood plains; and, there were those who
June 3, 1975, and January 8, 1976, no- lotion passed in 1956,funds were not ap- believe that the Program inappropriately
tices of proposed rulemaking were pub- rated because the legislation did not restricts landowners.As the statutory in-
lished in the FEIIERAL REGISTER (40 FR require flood mitigation measures.As re- tent is clear, the Federal Insurance Ad-
3310,40 FR 13420;40 FR 23878 and 41 FR quired by the Southeast Hurricane Relief ministration has not made changes to
1500). Those notices proposed revisions Act of 1965 the report, "Insurance and the basic structure of the Program,but,
existing regulations, primarily to re- Other Programs of Financial Assistance to the extent possible, has tried to pro-
tofleet experience gained in the operation to Flood Victims" from the Secretary of vide equity for those individuals who
of the Program,including the revision of the Department of Housing and Urban have previously located in a flood plains
flood plain management criteria, and to Development to the President,was trans- without recognizing the hazard or the
reflect interpretations of statutory Ian- mined to the Congress on August 12. economic consequences of selecting the
guage added since the date of the last 1966. This document, available as a re- hazardous location.
revision in September print from the Federal Insurance Ad- Several major policy areas are still
comprehensive
1971 as re don December 22, 1971, ministration, together with the report unresolved within the Federal Insurance
at 36 FR 24759. Interested persons were entitled"A Unified National Program for Administration because inconclusive or
encouraged to submit written comments Managing Flood Losses," a community- inadequate data exists upon which n to
or suggestions to the Administrator for tion from the President of the United promulgate appropriate regulations.
a minimum of 60 days following the pub- States transmitting a report by the Task These areas include (1) impact on flood
lication of each notice,but to the extent Force on Federal Flood Control Policy hazards of wetland development; and
administratively feasible all comments August 10, 1966, provides the basic con- (2) the possible necessity for coastal set-
(written or oral) received prior to the cents upon which the program is based. back requirements where velocity waters
date of adoption of this final revised rule A progress report is currently under con- and coastal or other shoreline wave wash
have been considered. In addition, pub-
sldemtion by the Water Resources Coun- is a hazard. It is the intention of the
Tic hearings on the provisions of the pro- cil based on the experience of the past Administrator to consider rulemaking in
decade. these areas of concern if present studies
posed revisions of the flood plain man-
agement criteria were conducted during The amendment of Parts 1909 et seq. on the subjects indicate a need for regu-
June and July of 1975 in Washington, as previously proposed,is hereby adopted latory revisions.
D.C.; Miami,Florida;New Orleans,Lou- with certain modifications as set forth While these revised regulations permit
isiana; Los Angeles, California; Kansas below. Because of the revision, it proved the construction of residential base-
City,Kansas; Chicago,Illinois;and New necessary to make certain conforming ments after the community has ob-
York, New York. Persons who desired to changes to other parts not published for tamed art exception, the Administrator
make oral presentations were given an comment, In view of this, the Adminis- intends to issue a technical amendment
opportunity to do so in accordance with tmtor determined that these other parts, to permit residential basements which
the notice of hearing (40 FR 25478). together with pertinent rulings and dele- have been floodproofed watertight to
During the comment period and the gations, should also be reviewed, and,as standards specified by the FIA. In con-
hearings, approximately 500 oral and appropriate, revised. Accordingly, this junction with the amendment, com-
written comments were received,includ- document containS all final National munities will be furnished the water-
ing an extensive submission exceeding Flood Insurance Program regulations up- tight standards and procedures for im-
100 pages,and approximately 2,000 pages dated and revised in a single publics- plementing them. In the interim, flood-
of transcript generated by the public tion for the convenience of the public. proofed -residential basements are al-
hearings. Hearings held by the United The discussion which follows high- lowed.but only after the community has
States Senate and the House of Repre- lights significant changes. While not an been granted an exception. Otherwise,
sentatives generated consideration of exhaustive outline, it has been prepared the potential unsound construction of
various issues raised by Members of for the convenience of the public by ref- basements would be permitted before as-
Congress and witnesses. The Program's erence to parts, subparts, sections, ap- certaining how to enforce the required
operations and regulations were the sub- pendices, etc., in the following order: watertight standards.
ject of several comprehensive reports by Part 1909(General provisions),Part 1910 On March 26, 1976, a revised defini-
the General Accounting Office and many (Criteria for Land Management and tion of "substantial improvement" was
recommendations of those reports which Use),Part 1911 (Insurance coverage and published in the FEDERAL REGISTER (Vol.
concerned regulatory changes have been rates),Part 1912 (Sale of insurance and 41,No.60,at 12680).A further technical
adopted. In addition, four statutory adjustment of claims), Part 1913 [Re- amendment to that definition is included
changes to the program were adopted served];Part 1914 (Communities eligible within this revised rule,in order to clar-
during the time the regulations were for the sale of insurance), Part 1915 if y that the term's exemption for the
being revised (Pbb. L. 94-50, Pub.L. 94- (Identification and mapping of special cost of complying with local codes is ap-
173,Pub.L.94-198,and Pub.L. 94-375). hazard areas), Part 1916 (Consultation plicable to code specifications solely nec-
The Federal Insurance Administrator, with local officials), Part 1917 (Appeals essary to assure safe living conditions
after full review of the extensive sub from proposed flood elevation determine- and that, it applies to an improvement
missions and, consideration of all con- bons), Part 1918 (Administrative Hear- (i.e., rehabilitation) and not to repair
ing Procedures); Part 1919 [Reserved];
cerning the National Flood Insurance or reconstruction.The Administrator in-
Program (42 U.S.C. 4001-4128), reached Part Part (Procedure for map l-tco 1922 tends to issue as proposed rulemaking
tion; 1Fa [Reserved];3 [Reserved];
ePd]; 1922
policy decisions of both substantive and [Reserved]; Part 1923 [Reserved]; Part further revisions on threshold criteria
procedural character. 1924 [Reserved]; Part 1925 (Exemption to the definition of "substantial im-
FEDERAL REGISTER, VOL. 41, NO. 207—TUESDAY, OCTOBER 26, 1976
RULES AND REGULATIONS 46963
provement" as soon as an Environmen- (9) Contents coverage. ment,a new § 1909.4 has been added. In
tal Impact Statement has been coin- (10) Criteria. addition to setting forth all the statutory
pleted and filed with the Council of (11) Deductible. references to the National Flood Insur-
Environmental Quality. The proposal is (12) Emergency Flood Insurance Program. ante Program itself,this section provides
(13) Erosion.
expected to accomplish two major objet- (14) Exception, citations to Federal statutes,regulations,
tives: It will allow rehabilitation of low (15) Existing construction. guidelines, Executive Orders, and Con-
value structures by permitting up to$25,- (16) First layer coverage. gressional reports relevant to the
000 rehabilitation without falling under (17) Flood elevation study. Program.
the "substantial improvement" deflni- (18) Flood Hazard Boundary Map. SECTION 1909.22 PREREOUI51IE5 FOR THE
Lion; and it will define as "substantial (19) Flood Insurance Rate Map.
(20) Flood Plain. SALE OF FLOOD INSURANCE
Improvement" any structure with re-
plated losses or a single loss greater than (21)Flood plain management regulations. Comments generally related to the an-
80 percent of the market value of the (23) H nual report's form and requirements. A
(23) Haabitabbitab l ea adj
structure before the loss. The arcom- (24) Insurance adjustment organization. suggestion that local governments be
plishment of this second objective will (25) Mean sea level. supplied with a standard form specifying
enable safer construction for rehabili- (26) Mobile home. the information required has been adopt-
tated structures, thereby protecting the (27) Mudslide. ed by FIA.The suggestion that communi-
loss of life and property due to flood (28) National Flood Insurers Association. ties be required to notify FIA of annexe-
damages. This issuance should occur (29) New construction. tions through their annual reports rather
about June 15, 1977. (31) Perslaipetfng community. than immediately upon occurrence was
(a2) ReRegula gram. rejected because FIA maps must be cor-
es. COMMENTS (33) Secondrayer coverage.Second layer coverage. ratted as quickly as possible and the an-
To provide a vehicle for promoting in- (34) servicing company. Hexing community must adopt flood
creased understanding of the available (35) Standard Flood Insurance Policy. plain management regulations. There-
choices in the Nation's flood plains, the (36) Start of construction. fore, immediate notification of annexe-
(37)major comments concerning the pro- State coordinating agency. tions is necessary,as specified in§§1909.-
posed rule are addressed within the pre- (38) Storm cellar. 22(a)(9)(v) and 1914.4.Additionally,ob-
(39) Structure.
amble, with reasons given for their 1n- (40) subsidized rates. jections were received concerning the
elusion within the final rule or their (41) Substantial improvement. language committing a community to
rejection. (42)Variance. "delineate • • • limits of the areas hay-
(43) water surface elevation. ing special flood, mudslide or flood-
PART 1909 GENERAL PROVISIONS related erosion hazards • •c.The following definitions have been "" Since
SECTION 1909.1 DEFINITIONS deleted: local officials believed they were com-
mitting themselves to undertake an
a.The following terms have been added (I) Erosion area. extensive and costly effort, this pro-
as new definitions: (2) Erosion area having special erosion vision has been modified to make
hazards.
(I Appurtenant structure.it clear that a community is only
(2 Area of shallow flooding. (3) Erosion area management. required to assist the Administrator
(3) Chief Executive Officer. (4) Flood plain area having special flood
(4) hazards• in his delineation. Finally, a new
(5} Development.Existing structures. (5)Limits of coverage. section was proposed to require Spe-
(6) Existing mobile home park or mobile (6) Mudslide (i.e., mudflow) area having cific local official action, including the
home Existing
subdivision. special mudslide hazards. adoption of procedures for public par-
(7) Expansion to an existing mobile home (7) Structure coverage. ticipation in and enforcement of local
park or mobile home subdivision. SECTION 1909.2 DESCRIPTION OF THE commitments to carry out the objectives
(8) Flood protection system. PROGRAM of the Program. The Administrator en-
s) Flood-related erosion. courages public participation and Part
(10) flood-related erosion area. Several comments seeking clarification 1916 provides for specific means by which
(11) Flood-related erosion area manage- of this section were submitted. One, such an objective may be assured during
meat which suggested stressing the connec- the various stages of the preparation of
(12) Freeboard. tion between the allowance of federally- a flood insurance study.
(13) General Counsel. subsidized flood insurance and the need
(14) Independent Scientific body. for local flood plain management,is re- Title IV,Section 403.of the Inter-gov-
(15) Mangrove stand. ernmental Cooperation Act of 1968, and
(16) Map. fleeted in the final rule.A recommends- section 204(c) of the Demonstration
(17) New mobile home park or mobile tion that a provision for citizen's Suits Cities and Metropolitan Development Act
home subdivision. be included is presently under study in of 1966 require Federal agencies to es-
(18) Principally above ground. IIDD's Office of General Counsel. The tablish notification and review systems
(19) Project cost. suggestion that more specific require- to facilitate coordinated planning on an
(20) Regulatory floodway. ments,including penalties for violations, intergovernmental basis for certain Fed-
beRisk emphasized as conditions for flood in-
(22) Riverine. surance was rejected,since imposition of
(23) Sand dunes. eras assistance programs.To further such
objectives, State, regional, and local
(24) Sheet.flow area. penalties on property owners violating viewpoints are to be solicited so that, to
(25) Special hazard area. local flood plain management regulations the maximum extent possible and Coo-
is a local responsibility. sistent with national objectives, all Fed-
b.The following definitions have been
modified: SECTION 1909.3 EMERGENCY PROGRAM eral aid for development purposes is con-
sistent wiState,
(1) Accounting period. The Emergency Program was extended comprehensive planning. Pursuant local
Pursuant to
(2) Actuarial rates. until September 30, 1977, by Pub. L. 94- the directive within Part I at paragraph
(3) Area of special flood-related erosion 375,effective August 3,1976. 10 of Attachment A to Revised OMB
hazard.
(4) Area of special flood hazard. SECTION 1909.4 REFERENCES Circular No.A-95,the Administrator has
(5) Area of special mudslide (i.e., mud- In response to a suggestion that the established new procedures in order to
flow) hazard. satisfy the Acts cited above.
(6) Hale flood. Program regulations direct State and lo-
(7) Chargeable rates. cal officials to other Federal laws and Section 1909.22(d) requires all com-
e) Coastal high hazard area. Programs relating to flood plain manage- munities applying for participation in
FEDERAL REGISTER, VOL. 41, NO. 207—TUESDAY, OCTOBER 26, 1976
46964 RULES AND REGULATIONS
the emergency Flood Insurance Program need for monitoring all participating the sixty day period expires in which the
to submit a copy of their application to communities in order to maintain the clearinghouses could have reviewed the
establish State and areawide clearing- credibility of the Program. Such an ef- community's submission. However, an
houses. The appropriate clearinghouses fort is presently under way. Finally, in exception to this sixty day period is
may assist in assuring that the appli- response to a suggestion that a hearing appropriate to allow for speedier action
cant's actions are consistent with State, be provided prior to suspension for fail- because of the mandatory program re-
regional, and local activities relating to ure to enforce, the section has been quirement that a participating commu-
comprehensive planning and flood plain changed to specify that such a hearing nity must adopt satisfactory flood plain
management. However, the Administra- may be conducted at the discretion of the management regulations within six
tor may approve a communitys program Administrator. months of receiving technical data or
application before receiving comments face Program suspension, and because
from the clearinghouses to preclude the PART 1 NAGSCRITERIA FOR LAND of the Administrator's experience that
possibility of a community suffering from MAx6cEMeNr AND Use some communities submit their ordi-
a disastrous flood where,but for the re- SECTION 1910.1 PURPOSE OF SUBPART nances shortly before the deadline.
view by a clearinghouse, federally-sub- This section sets forth the general re- Clearinghouses which transmitted com-
sidized flood insurance would have been quirements addressed in H 1910.3, 1910.4 ments will be given a copy of the disposi-
available. and 1910.5 (flood plain management tion by the Administrator concerning
sECTION 1909.23 PRIORITIES roe SALE of regulations for flood-prone, mudslide- the community's regulations within seven
INSURANCE prone and flood-related erosion-prone working days of taking such actions.
This section has been rewritten to in- areas). It was suggested and accepted SECTION 1910.3 FLOOD PLAIN MANAGEMENT
dicate that fate governments have p - that a provision be drafted that would REGULATIONS FOR FLOOD-PRONE AREAS
mary responsibility for determination of epeclfg that local or State flood plain
management regulations that are more Section 1910.3(a).The suggestion that
risk study priorities,subject to other ad- restrictive than the Program's require- the regulation for building permits for
ministrative necessities. ments are to take precedence. all
l effectivelyproposed comanageconstruction
flood broadened
to plains
SECTION 1909.21 SUSPENSION OF SECTION 1910.2 MINIMUM COMPLIANCE WITH
COMMUNITY ELIGIBILITY the purpose of flood loss reduction by
FLOOD PLAIN MANAGEMENT CRITERIA requiring permits for all new "develop-
Considerable concern was expressed A Report of the Comptroller General meat", as well as as for construction
over suspension of community program of the United States,dated September 19, presently defined as "structures", was
eligibility for failure to adopt or enforce 1975, recommended that the Program adopted. The regulations now specify
flood plain management regulations. regulations set forth that a community shall review all new
Regarding suspension for failure to requirements in the "development," including "structures"
adopt, several provisions were offered. eventdev a community proposes to regulate and other activities such as filling, pav-
One, which suggested a hearing be pro- and areas basednt in the lioedtiataed flood has- ing and dredging.
and areas on flood data which
trifled prior to suspension, was rejected fers, because of natural or man-made
It was recommended and adopted that
as a new regulatory provision because the physical changes, from such data int- a community assure that all necessary
adoption of Hood plain management Sally established by FIA. Therefore, in permits have been received from those
regulations is an objective fact and, no addition to a new 9 1915.5,which specifies governmental agencies from which en-
dear purpose would be served by hear- procedures for notifying FIA of physical proval is required by Federal or State
Sag prior to suspension. changes reflecting flooding conditions, a law•
Another comment suggested that when new paragraph has been added, at It was suggested that the types of ma-
a locality has failed to adopt adequate 11910.2(h), which requires the prior ap- terials which would be flood-resistant or
flood plain management regulations FIA proval of the Administrator before a Watertight be specified.This was rejected,
notify the State in which the commu- community may adopt and enforce flood because the requirements under 4 1910.3
nity is located that Program suspension plain management regulations based are performance standards. Such stand-
will not occur If the State provides for upon modified data reflecting man-made ards generally do not require the use
regulations satisfying the Program's re- or natural physical changes. of specific construction materials in rec-
guirements within the required time pe- For the same r justifying ognitlon of varying local conditions
Hod. The Administrator agrees and has 91909.22(d), the Administrator has in- across the Nation and the concomitant
included such a new provision within the eluded a new subparagraph in 9 1910.2(1) need for flexibility.
revised rile. which recognizes the beneficial role of Section 1910.3(b). Permit review only
Concerning suspension for failure to State and areawide clearinghouses in as- within identified special flood hazard
enforce,many suggestions were proposed. slating communities to adopt adequate areas was criticized because uncontrolled
Some believed that FIA should notify in- flood plain management regulations for development outside such areas can ae-
dividual residents of their community's compliance with the Regular Flood In- gravateflooding conditions. However, it
suspension or that Servicing Companies surance Program . This new section re- tithe Administrator's policy that once
be required to notify policyholders or quires communities to notify the appro- FIA has published a map for a particular
potential purchasers of the suspension. priate clearinghouses that the commu- community,the requirements for the ap-
While administrative limitations prevent nity has a six month period in which to plicability of flood plain management
adoption of this policy on an individual adopt comprehensive floodplain manage- regulations are limited to those areas
basis, the Department will issue a press ment regulations consistent with the specifically identified as having special
release to the local media explaining rea- technical flood hazard data provided by flood hazards. It should be noted that
sons for and effects of a community's the Administrator.During this period the
impending suspension. It was proposed clearinghouses may aid the community FIA maps will be revised if a commu-
that the provision pertaining to the re- in developing its regulations and in as- nity's flood hazard areas are changed.
instatement procedure after a community surfing regional coordination. A new subsection requires all subdivi-
has been suspended for failure to ade- Section 1910.2(1) also requires a com- sion proposals and other proposed new
quately enforce be changed from a one munity to submit a copy of its subse- development to include base flood ele-
year waiting period to conditional rein-
statement for one year.The section has quently adopted regulations to the clear- vation data within such proposals if the
been modified to permit either option. Ing houses. The Administrator usually development encompasses 50 or more lots
Additionally,some comments stressed the will not approve such regulations before or 5 acres,whichever is lesser.
FEDERAL MOISTER, VOL. 41,NO. 207—TUESDAY, OCTORER 26, 1976
RULES AND REGULATIONS 46965
The proposed requirement to obtain, Section 1910.3(c). Concerning the re- uses. This matter is presently under
review and reasonably utilise the best quirement to elevate the lowest floor(in- study.
available Federal, State, or other base eluding basement) of all new construe- Regarding the requirement to elevate
flood elevation data, until other data tion and substantial improvements of mobile homes to or above the base flood
has been provided by the Administrator, residential structures within special level, many comments were received.
as criteria for elevating or floodprooflng flood hazard areas, comments were di- Strong sentiment was expressed that
new structures was received favorably, vided. Some suggested a less restrictive mobile homes placed in new sections of
and has been adopted as final.Under the requirement; others advocated elevat- mobile home parks already completed be
rule, it is in the community's discretion, Ing the structure to a height exceeding exempted from the elevation requirement.
where conflicting flood hazard data exists the base flood level; and,still others con- Because the suggestion would result in
before FIA has issued final base flood tended that no additional construction "grandfathering-in" the entire park, it
elevations, to reasonably select the best should take place in known special flood was rejected by the Administrator.Many
available data. hazard areas. comments agreed that it was equitable
The suggestion of several small corn- The Administrator continues to be- to treat existing mobile home parks and
munities that they be permitted to ap- lieve that the requirement to elevate the new mobile home parks differently,as set
proximate the building elevations lowest floor (including basement) to or forth in the proposed rule. It was re-
through use of United States Geologic above the base flood level is reasonable; quested that "mobile home" be defined.
Survey maps if new construction takes however, provisions have been retained Finally, some comments expressed a de-
place in the Identified special flood has- within §1910.6 whereby the Administra- sire for more restrictive standards. For
and areas, in order to obtain elevation tor may (1} grant a community an ex- example, there was a suggestion that
information concerning the lowest floor ception from the requirement, (2) permit community regulations should require
of the structures, was rejected because a lesser standard if the community can trailer park owners to obtain permits to
an accurate elevation determination Is demonstrate unique circumstances jus- place trailers on a lot or to replace exist-
necessary for flood insurance rating tifying the exception, or (3) allow corn- ing trailers upon their removal.
purposes. pletely floodproofed basements if the Few changes have been made in the
While the proposed rule, requiring community adopts detailed floodprooflng final rule with respect to mobile homes.
riverine communities to show evidence standards satisfactory to the Adminis- To limit potential hardship for mobile
of coordination with all upstream,down- trator. For those communities electing home owners moving mobile homes into
stream or adjacent communities which to enact more restrictive elevation existing mobile home parks and mobile
would be adversely affected, was gener- standards, a new provision has been in- home subdivisions, elevation require-
ally favored,two distinct criticisms were serted within the optional planning con- ments have been eliminated;the require-
raised frequently: (1) The terms "evi- siderations § 1910.22, encouraging such ments have been retained, however,
dence of coordination" and "adversely additional elevation above the base flood where new mobile home parks and mobile
affected" are too vague; and (2) the re- level for a safety factor (i.e., "free- home subdivisions are located in the flood
quirement of notice to FIA for all devel- board"). plain in order to minimize loss of life and
opment proposals, regardless of size or Numerous comments were received property. Since a community should be
potential impact, increases local paper concerning the requirement to elevate notified if an increased number of mobile
work and "red tape" needlessly. Thus, or floodproof all new and substantially homes is to be placed on lots,a new sub-
the final rule has been modified to re- improved nonresidential structures.Sug- section has been added requiring that a
quire a community: (I) To give notice to gestions included translating into lay permit for the placement of any mobile
adjacent communities and the State co- terms,the U.B.Army Corps of Engineers' home in a flood-prone area be obtained
drdinatfng agency prior to alteration or floodproofing specifications referenced in from the community. The term "mobile
relocation of a watercourse; and (2) to the Program's regulations, to requiring home" has been defined to exclude
assure that the flood carrying capacity elevation for all new nonresidential motorized vehicles and recreational
within the altered or relocated portion structures and, therefore, elimination of trailers,and ambiguities removed by new
of the watercourse will be maintained, the floodprooflng option. Others re- definitions of an "existing mobile home
Requirements for mobile homes and Marked that floodproofing standards park or mobile home subdivision," an
for mobile home parks and mobile home should be determined at the local level "expansion to an existing mobile home
subdivisions were contained within the and that certification of the standards park or mobile home subdivision,"and a
proposed rule at 11910.3(c), (d) and(e). by a professional engineer or architect "new mobile home park or mobile home
After reviewing the written and oral Places too great a burden on small corn- subdivision."
comments, the Administrator has de- m niit fioodprooflng provision has been Numerous comments were received
tided to incorporate into §1910.3(b)(8) dealing with primary flooding problems
the mobile home standards relating to revised to delete any reference to the U.S. resulting from waters having very shallow
"tie downs" (anchoring) and to evacua- Army Corps of Engineers' floodproofing depths, since these areas have further
tion plans.Such standards are appropri- publication, while retaining the Corps' characteristics of no clearly defined
ate within all identified special flood watertight floodprooflng performance channel and the path of flooding is un-
hazard areas,even before any base flood standard. An option has been inserted predictable and indeterminate. It was
elevations have been determined. Be- for a community to either require flood- suggested that such areas not be defined
cause the Administrator believes that a Proofing certifications from a profes- as having special flood hazards, thereby
requirement to anchor mobile homes sional engineer or architect or to submit negating the flood plain management and
placed within flood-prone areas before to Fa an enacted local code containing mandatory flood insurance purchase re-
the effective date of these regulations detailed floodprooflng specifications sat- quirements. As a result of the findings
would be regulating retroactively,a sug- isfying the watertight performance from a study commissioned by the Ad-
gestion to that effect was rejected. In standards. mlmstrator,a new procedure for shallow
response to comments critical of refer- Some commentators remarked that flooding has been adopted.Because nor-
ences to regulatory standards found only the application of the watertight per- mal construction techniques should pro-
in sources other than the regulations formance standard for all nonresidential teat against shallow flooding of less than
themselves, the proposed regulations' structures is too stringent, because d11- twelve inches, FIA will no longer des-
reference to the mobile home"tie down" ferent considerations should be given to lgnate as an area of special flood hazard
standards of the Mobile Home Manufac- any area of shallow flooding of less than
turer's Association has been replaced low-value construction, and to recrea- one foot, and no mandatory Insurance
with specific and definitive standards. tional;shipping,fishing and agricultural purchase requirement will apply to such
FEDERAL REGISTER, VOL. 41, NO. 207-TUESDAY, OCTOBER 26,'1976
-46066 RULES AND REGULATIONS
areas. Areas of shallow flooding with increase in flood heights is appropriate. gate flooding in coastal high hazard
depths from one foot to three feet will Thus,if it can be demonstrated that pro- areas),proposed revisions of regulations
be designated as an AO Zone with an posed development will not cause any will be promulgated.
elevationdepth rounded off to the nearest increased flood heights, such develop-
SECTION 1910.4 FLOOD PLAIN MANAGEMENT
foot, i.e., 1, 2, or 3 feet. In the AO Zone, meet may be undertaken, but only after CRITERIA FOR MUDSLIDE (I.E.,ERIJDFLow)
the purchase of flood insurance will be meeting the other applicable flood plain PRONE AREAS
required and for flood plain management management requirements. Further-
_purposes,the lowest floor,including base- more,the regulations have been clarified This section has been rewritten for
ment,of new residential structures must concerning the placement of mobile clarity.
be elevated above the crown of the homes within the regulatory floodway. SECTION 1910.5 FLOOD PLAIN MANAGEMENT
nearest street to an elevation equal to the The placement of mobile homes is lim-
depth number specified by the zone des- ited to existing mobile home parks and CRITERIA FOR FLOOD-RELATED EROSION
PRONE AREAS
ignthe low. For nonresidential basement, mobile ho subdivisions.OpThis section has been rewritten for
the lowest floor, including basement, Section 1910.3(e). Opposition, based
must be floodproofed above the crown of upon aesthetic concerns, was expressed clarity.
the nearest street to an elevation equal on the requirement that within identified SECTION 1910.6 VARIANCES AND EXCEPTIONS
to the depth number specified by the zone coastal high hazard areas all new struc- BECAUSE OF LOCAL CONDITIONS
designation. tures must be elevated on and adequately
Comments, concerning the require- anchored to pilings.To address such con- Both supportive and opposition com-
ment a community assure that the cerns, the American Institute of Archi- ments were received on the variances
cumulative effect of all development teeth was engaged to undertake a Study, Provisions. Support was based upon ob-
would not increase the water surface and shortly a report will be published Jection to any local granting of variances,
elevation of the base flood more than one illustrating attractive architecturally particularly where such variance would
foot,included opposition to the use of any feasible means by which the elevation result in the placement of an obstacle in
fill in the flood plain,the request to sub- requirements may be satisfied. In re- the floodway;opposition views focused on
stitute a more general standard (such as sponse to concerns that-more specificity issues of local determination. arbitrari-
will not "measurably" increase), and is needed to preclude unsafe design of ness of the one-half acre lot limitation,
concern that it would be burdensome for elevated structures in coastal high haz- and an allegation the provisions are too
small communities to determine the one and areas,the revlFed rule stipulates that strict.
foot rise.A study is underway which will a registered professional engineer or The requirement that a copy of each
seek to alleviate this concern. Further- architect must certify that the structure variance granted by the community,
more, for all communities for which a is securely anchored to adequately along with supporting data,be submitted
floodway may be determined in the fu- anchored pilings or columns in order to to FTA was criticized as too bureaucratic
ture, that determination will be made withstand velocity waters and wave and burdensome to smaller communities.
during the initial Flood Insurance Study, wash. In principle, the idea for disclosure was
thereby eliminating the necessity for the The proposed rule's prohibition of fill accepted but the required method of n-
one foot rise calculation to be determined tice-giving recordation on each deed—
for structural support generated great
on a case-by-case basis.Additionally,the was challenged on several grounds, in-
Administrator continues to believe that response, ranging from absolute opposi-
tion to full endorsement of the prohibl- eluding its effectiveness and possible
the one foot rise standard is a reasonable conflict with State law. Relative to his-
and sufficiently specific minimum stand- tion—even where fill is not used for torte properties and variances, it was
structural support. The provision is re-
ard. tamed in the final rule, but it should be suggested that such properties be exempt
Section 1910.3(d). Comments regard- noted that this provision does not change from floodprooting requirements.
ing a designated floodway exhibited con- the existing regulations; rather, its sole The proposed regulations did not in-
cern and confusion on several points, in purpose is to clarify the uses for which tend to set absolute criteria for granting
particular the delineation and permitted fill can be utilized within the coastal of a variance, since it is the community
uses. Concerning the delineation of the high hazard area. which,after appropriate review,approves
floodway,a Study initially is undertaken The regulations have been clarified
FM
disapproves a request. Rather, the
by F to determine the area within the concerning the placement of mobile regulations support FIA's authority to
flood plain necessary to discharge the homes within the coastal high hazard review the grounds on which variances
waters of the 100-year flood while allow- area, and limit their placement to exist- were granted and to take action (Includ-
ing for only a one foot rise in flood tog mobile home parks and mobile home ing action to suspend) where a pattern
waters. (In the event of the election for subdivisions. of variance issuances indicates an ab-
more restrictive standards, the floodway Concern was expressed for the r sence of unusual hardship or Just and
could be based upon less than a one foot ervatf of p es- sufficient cause. For example, in the in-
rise). Afterwards, the community de- primary and secondary stance of a community issuing a variance
lineates the precise boundaries of the dunes because they were considered not for a structure to be erected on a lot ex-
floodway based on the data from the only keys to the survival of the beach ceeding one-half acre, the final rule re-
Study. Once this floodway has been de- and coastal areas, but also protection fleets FIA's position that the degree of
lineated, no development which would against loss of life and property during technical justification required increases
result in any increase in flood heights flooding.It was also professed that vege- greatly and that extreme and undue
during the 100-year flood may be tction in the coastal high hazard areas hardship must be shown.
Be-
permitted. could greatly aid in flood mitigation.Be- The reporting
cause of such concerns, a new provision g procedure has been
Regarding development permitted in has been added to the revised rule re- amended so that communities may re-
the floodway, some comments favored quiring communities to prohibit the man- port variances Issued in their annual re-
complete prohibition, while others en- made alteration of sand dunes and man- ports to FIA rather than on an issuance-
couraged development. Because the Ad- grove stands. Since it has not been sans- by-issuance basis.The final rule exempts
ministrator recognizes the extreme den- factorily documented that other forms of historic properties from any floodproof-
ger of building in an area reserved for physical features (including wetlands) ing requirements.
discharging floods and believes that act to reduce flood losses, FIA has corn- To reflect State laws which prohibit
building in a floodway aggravates the missioned a study to determine the effect recordation of a property variance on a
extent of flooding (thereby creating ad- of physical features in flood mitigation. deed,the recording requirement has been
dltional dangers to others), the stand-
ard for not permitting any development Based upon the findings of the study (for dropped, and the final rule requires the
within a floodway that would cause an example, if wetlands significantly miti- community to notify in writing the seeker
FEDERAL REGISTER, VOL. 41, NO. 207—TUESDAY, OCTOBER 26, 1976
RULES AND REGULATIONS 46967
_of a variance that issuance of such a to be authorized flood insurance.Criteria To underscore a concern about the
variance will result in significantly high set forth in 11 1910.3, 1910.4 and 1910.5 placement of plants and facilities in
_premium rates and increases risks to life shall be satisfied for all State-owned which hazardous materials are manufac-
and property. _properties in FIA identified special has- tured within any floodway or coastal
Finally, because any obstruction in a and areas, and for the purchase of a high hazard area,communities are urged
_designated floodway greatly increases Standard Flood Insurance Policy or for to consider prohibiting such placements.
-risk to loss of life and property,no vari- the approval by the Administrator,under SECTION 1910.23 PLANNING CONSIDERATION
ance for the placement of an obstruction Part 1925,of State self-insurance plan. FOR MUDSLIDE (I.E.; MUDFLOW) PRONE
in a floodway shall be allowed. The method used by a State to adopt AREAS
Comments concerning the exception and administer flood plain management
provisions were many.One sought a dis- regulations will be dictated by State law This section has been rewritten for
Unction between"exceptions"and"vari- and related factors. With,respect to clarity.
antes". The former describes a waiver administration, one possible mechanism SECTION 1910.24 PLANNING CONSIDERATIONS
granted to a community by the Admin- by which a State could comply with the FOR FLOOD-RELATED EROSION PRONE
istrator from a particular flood plain Program standards can be illustrated by AREAS
management Program requirement if ex- considering the permit requirements of
traordlnary circumstances .are shown. 4 1910.3. A State could satisfy this re- This section has been rewritten for
The latter means a grant of relief by view process requirement by assigning to clarity.
a community to an individual from the the State agency currently responsible SECTION 1910.25 STATE COORDINATION
terms of the community's flood plain for the approval of construction on State States are strongly urged to adopt the
management regulations, property the duty to analyze proposals
Overall, the exception provisions have to assure compliance with the Program provisions of this section to enhance
been clarified.A provision has been added standards. sound flood plain management.
whereby the Administrator, in accord- SUBPART C A new provision recommends that
once with HUD Handbook 1390.1, shall -States amend their recording acts so that
SECTION 1910.22 PLANNING CONSIDERATIONS information relating to flood hazards and
issue an environmental clearance on an
exception's impact on the natural, man- FOR FLOOD-PRONE AREAS flood insurance may be made known to
A community must completely evalu- the public.Furthermore,it was suggested
made and social environment. ate the standards contained in this Sub- that,where States have established mini-
The proposed provision to allow an ex- mum flood plain,mudslide,and flood-re-
ception for floodproofed basements gen- part even though formal adoption is not
sistent mixed comment. Those in sup- mandated. l erosion regulatory standards con-
port believed it more rational and equit- The Subpart has been expanded and with those established for ellgi-
reflects the Administrator's belief that a bitty in the Program,the Administrator
able to permit basements below the 100- accept the State regulations and a cer-
year flood level as long as the watertight community has an excellent opportunity
after a flood disaster to combat future Agencytiflcate from the State Coordinating
standards were followed and as long as flood losses through an affirmative pro- Agency in satisfaction of local comma-
sufficient Justification and compelling gram nity compliance with the ram regu-
need were demonstrated. In response to Many comments addressed the issue Cations. This has been and continues to
comments,use of the Corps of Engineer's be FIA policy.
"Floodprooflng Regulations" is not re- of full disclosure.While the Administra-
guired nor is a variance for construct- tor recognizes that State law precludes PART 1911—INSURANCE COVERAGE AND
ing below the 100-year flood level in a the recordation of the granting of vari- RATES
antes on title records,he urges that com-
community which has been granted an This Part, concerning coverage and
-exception for basements.Such a require- -munities consider alternate means by rates for flood insurance,has been mod-
ment would have resulted in needless du- which prospective and interested parties IBed primarily for clarity. In particular,
plication of effort, since the granting of may be notified that certain structures
are located within flood-prone areas. 44 1911.5(g) and 1911.5(h) have been re-
the exception was based on a showing of The Administrator concurs with tom- written to conform to the specific exclu-
imusual hardship and submittal of sat- , sions set forth in the Standard Flood In-
isfactory technical data relating to menu expressing concern that the sub- surance Policy. Additionally, a new
watertight standards. Performance sidence of flood-prone properties in- paragraph has been included in 4 1911.5,
standards for floodproofed basements are creases the susceptibility of structures specifying the relationship of the agent
-retained and will be followed by a tech- on those properties to flood damages, or broker to the Insurer, insured, the
mica] amehdment permitting flood- and suggests that,for at least a ten year National Flood Insurers Association,and
proofed residential basements without period, new development in such areas the Federal government, The terms of
the need for a community-wide excep- be elevated above the base flood level the Standard Flood -Insurance Policy
tion. equal to the expected subsidence. shall comply with the appropriate stat-
As indicated, a study is underway to utory and regulatory requirements, and
SECTION 1910.7 REVISIONS OF CRITERIA FOR _determine the usefulness, from a flood in this context the producer is consid-
FLOOD PLAIN MANAGEMENT REGULATIONS mitigation standpoint, for setbacks ered an agent or broker for the insured
A comment requesting clarification of within coastal high hazard areas. Pend- vis a vis the government or NFIA. Ex-
"reasonable time"permitted a commun- ing a determination, it is recommended ample: The policy may not be issued to
Ity to revise its local regulations to con- that communes implement such aset- any person even after payment of the
form to changes in the Program's regu- -lack.However,in areas identified by the correct premium in a nonparticipating
lations has resulted in substituting "six Administrator as subject to flood-related community.See"Boothe v.American As-
months from the effective date of any erosion hazards,a setback is required um- surance Co."327 So.2d 477 (1976).How-
new regulation" for"reasonable time". der the provisions of¢ 1910.5. ever, to prevent the occurrence of in-
The revised rule reflects suggestions equity consequent upon the producer's
SUBPART B that communities consider the require- failure to transmit to the insurer the
A new Subpart B to Part 1910 has been ment of additional elevation above the Premium otherwise properly paid to the
added concerning requirements for State base flood level for new development producer by the applicant for insurance,
flood plain management regulations. within special flood hazard areas,to pro- the regulations makes the producer the
This subpart, through the provisions of tect against wave wash, floating debris agent of transmitting
Associationfiin the e prely for the
purpose of tro isiontiis premium.
II 1910.11, 1910.12 and 1910.13 empha- and against floods having a magnitude A new provision is included in the
sizes the obligation for adequate flood greater than the base flood and to cam- final rule (at 4 1911.12) regarding lnsur-
plain management by States if they are pensate for future urban development. ance rates based on a flood protection
•
FEDERAL REGISTER, VOL. 41, NO. 107—TUESDAY, OCTOBER 26, 1976
46968 RULES AND REGULATIONS
system involving Federal funds.This sec- In §1914.3. hazard zone designations PART 1919
tion wasoriginally issued as proposed in and applicable map reference symbols The part is reserved,to be at utilizeda
a separate FEDERAL REGISTER publication have been clarified.In response to corn- later date at the Administrator's -
on January 21, 1975.The final rule does ments favoring deletion from the A zone tion.
not materially alter the regulation as of areas having shallow flooding,the Ad-
proposed. However, there was confusion ministrator has done so for such flooding -PART 1920—PROCEDURES FOR MAP
expressed in the comments on the pro- up to a depth of one foot. A new zone CORRECTION.
posed regulation concerning the kinds of designated as A0, (i.e., area of Slhallow This part has been rewritten for clar-
flRod protection systems that would trig- flooding) applies to areas for which water ity.Additionally,a new§1920.8,has been
ger lowered actuarial flood insurance depths range between one and three feet. added. This section provides for a pre-
rates.-While the section applies only to Furthermore, the section identifies all mium refund after a letter of map
-flood protection systems involving Fed- zones in which the mandatory flood in- amendment,subject to the conditions set
eral funds; all flood protection systems, surance purchase requirement applies. forth in §1912.5 of this subchapter.
whether they be Federal, State, local or (This inclusion was in-response to sev-
private, are recognized by the Adminis- eral requests.) PART 1921—PART 1924
trator after their completion, but only In §1914.4, the effect on community These parts are reserved,to be utilized
if the completed system altered 100- eligibility resulting from boundary at a later date at the Administrator's
year flood elevations..Therefore, in such changes, governmental reorganization, discretion.
cases, FIA.maps would be revised and etc. (on which FM has been previously PART 1925
all previously-applicable actuarial rates- silent within the regulations) has been
would be modified to reflect the changed set forth.The section discusses the con- A number of comments were received
flood risk.The new§1911.12 applies only sequences when a community not'aortic- in response to the June 3, 1975,publica-
to flood protection systems involving ipating in the Program acquires by tion of proposed rulemaking concerning
Federal funds because of the passage of means of annexation, incorporation, or the exemption of State-owned structures
the Housing and Community Develop- otherwise,an area within another corn- and their contents under a self-insurance
ment Act of 1974, which added a new triunity participating in the Program. plan. While numerous submissions from
section 1307(e) to Title XIII of the Hous- Second, the section discusses the conse- State governments indicated that the
ing and Urban Development Act of 1988. quences when a community participating regulation could be satisfied by such
Through this enactment, Congress in- in the program acquires by means of States, other comments raised specific
tended to permit lower actuarial flood annexation, incorporation, or otherwise, concerns and recommendations.
insurance rates for circumstances in another area which was previously lo- Opposition to the requirement of a
which"adequate progress"had been ac- tated in a community either participat- special State Insurance fund having a
complished toward the completion of a ing or not participating in the Program. specified percentage of reserves based
flood protection system involving Fed- Third, the section discusses the conse- upon market value of State properties in
eral funds, and for which.any delay in quences when an area within a commu- special hazard areas has been accommo-
the completion was beyond the local nity participating in the Program be- dated by permitting other indemnifies-
community's control. Many comments comes autonomous or becomes a portion tion procedures; therefore, an enforce-
were received advocating that even of a newly autonomous community. able commitment of funds by a State,
where "adequate progress" on a flood In §1914.5, the relationship of flood the enforceability of which must be cer-
protection system was accomplished, insurance rates to zone designations has tifled by the State's Attorney General,
thereby invoking lower flood insurance been clarified may be accepted by the Administrator in
rates, that all flood plain management lieu of a self-Insurance fund.
standards based on 100-year flood ele- PART 1915—IDENTIFICATION AND MAPPING In response to objections to the inven-
vations should remain in effect until the OP SPECIAL HAZARD AREAS tory requirement stipulating the Inclusion
system is complete. The Administrator Comments contended that the regula- of both current replacement cost and
has decided to require the enforcement tions did not make allowances for noti- present economic value of State-owned
of the flood plain management resole- fication to FIA of changes in a commu- structures and their contents, the final
tions which are applicable to emergency nity's base flood elevations as a result rule has been altered to allow use.of either
program communities when he has de- of physical changes affecting flooding replacement cost or present economic
termined that "adequate'progress' has conditions. In response to such corn- value.
been accomplished toward the comple- ments, as well as the previously men- - The provision requiring submission of a
tion of a flood protection system involv- Uoned Comptroller General's Report, a record of flood loss experience covering a
Mg Federal funds. The specific require- new§1915.5 has been included.This sec- recommended period of 25-50 years has
ments are set forth in §1910.3(c)(9). tion sets forth the procedures by which been modified to require that such a
PART 1912—SALE OF INSURANCE ANDrecord need only reflect 5 years of flood
a community shall notify the Adminis- damage experience.
ADJUSTMENT OF CLAIMS trator of physical changes affecting A comment requested clarification of
This part has been rewritten for clar- flooding conditions by submitting tech- the types of properties required to be in-
Ity. Additionally, in response to coin- rdcal or scientific data. cluded under a State self insurance plan.
ments concerning a flood insurance pre- The requirement applies only to those
minor refund where a map has been re- PART 1918—CONSULTATION WITH LOCAL State-owned structures and their con-
OFFICIALS tents for which coverage could otherwise
vlsed,thereby removing a property's flood This part has been rewritten for be made available under the Standard
hazard designation, a new §1912.5, has clarity. Federal Flood Insurance Policy.Part 1911
been added This section references the contains a discussion of the specific
procedure by which such a premium re- PART 1917—APPEALS FROM FLOOD ELEVA- structures and contents that may be
fund may be authorized. TION DETERMINATION AND JUDICIAL covered under such a Policy.
REymw Concern was raised that a State desir-
PART 1913 This part has been rewritten for clar- leg to insure its properties through a self-
This part Is reserved,to be utilized at ity.In particular,the order of the provi- insurance plan would be subject to more
a later date at the Administrator's dis- Sion contained in §§1917.8 and 1917.9 stringent requirements than a State in-
-cretion, have been reversed. suring its properties through Federal
PART 1914—AREAS ELIGIBLE FOR THE SALE PART 1918—APPEALS OF THE ADMINISTRA- flood insurance tionf coverage.the State eq f-
OF INSURANCE TOR'S PROPOSED FLOOD ELEVATION insurance
option t the fats that selfnt
DETERMINATIONS Ire ADMINISTRATIVE is a special arrangement
This part has been rewritten for Mar- HEARINGS to accommodate State governments, the
ity, and in particular, three sections, - Administrator may set reasonable condi-
g§1914.3, 1914.4 and 1914.5, have been This part has been rewritten for tions for his acceptance of a self-insur-
moditied, clarity. ance plan.
FEDERAL REGISTER, VOL 41, NO. 207—TUESDAY, OCTOBER 26. 1976
RULES AND REGULATIONS -46969
A draft Environmental Impact State- "Agreement" means the contract limits of flood insurance on existing
ment concerning the Program's regula- entered into for the term of any account- structures.
tions was filed with the Council of En- ing period by and between the Adminls- . :Chief Executive Officer" of the corn-
vironmental Quality(39 FR 43419).After trator and the Association whereby the munity ("CEO") means the official of
an analysis of the public comments re- Association or its subcontractors will sell the community who is charged with the
ceived, a final Environmental Impact policies of flood insurance under the authority to implement and administer
Statement was prepared and filed with Program within areas designated by the laws,ordinances and regulations for that
the Council of Environmental Quality. Administrator and will adjust and pay community. •
This document is available for public in- claims for losses arising under such "Coastal high hazard area"means the
spection during regular business hours at policies.The Agreement is renewed auto- area subject to high velocity waters, in-
the Office of the Rules Docket Clerk, matically with respect to each subse- eluding but not limited to hurricane wave
Room 10141,Department of Housing and quent accounting period unless either the wash or tsunamis.The area is designated
Urban Development, 451 Seventh Street, Administrator or the Association gives on a FIRM as Zone V1-30.
-SW.,Washington,D.C. the other written notice of intention to . "Community"means any State or area
A statement of non-major determine- terminate on or before January 31 of the or political subdivision thereof, or any
tion concerning the Program's regula- then current accounting period. Indian tribe or authorized tribal organi-
tions was prepared and submitted to the "Applicant" means a community nation, or Alaska Native village or au-
Douncil on Wage and Price Stability. which indicates a desire to participate in thorized native organization, which has
Documentation for such determination is the Program. authority to adopt and enforce flood
available for inspection and copying ac- "Appurtenant Structure" means a plain management regulations for the
cording to the rules and regulations of structure which is on the same parcel of areas within its jurisdiction.
She Department during regular business property as the principal structure to be "Contents coverage" is the insurance
hours in Room 6262, Department of insured and the use of which is incidental on personal property within an enclosed
Mousing. and Urban Development, 451 to the use of the principal structure. structure, Including the cost of debris
Seventh Street,SW.,Washington,D.C. "Area of shallow flooding" means a removal, and the reasonable cost of re-
Effective date: This revision becomes designated AO or VO Zone on a com- moval of contents to minimize damage.
effective on December 1, 1976. munity's Flood Insurance Rate Map Personal property may be household
Accordingly, effective December 1, (FIRM) with base flood depths from one goods usual or incidental to residential
1976 Subchapter B of Chapter X of Title to three feet where a clearly defined occupancy, or merchandise, furniture,
24 of the Code of Federal Regulations is channel does not exist, where the path fixtures,machinery,equipment and sup-
revised to read as follows: of flooding is unpredictable and indeter- plies usual to other than residential
mnate, and where velocity flow may be occupancies.
-PART 19O9—GENERAL PROVISIONS evident. "Criteria" means the comprehensive
Subpart A—General "Area of special flood-related erosion criteria for land management and use
Sec. hazard" is the land within a community for flood-prone areas developed under
1909.1 Definitions. which is most likely to be subject to 42 U.S.C. 4102 for the purposes set forth
1909.2 Description of program. severe flood-related erosion losses. The in Part 1910 of this subchapter.
1909.3 Emergency program: area may be designated as Zone E on "Curvilinear Line" means the border
1909.4 References. the Flood Hazard Boundary Map on either a FHBM or FIRM that delin-
Subpart B—Eligibility Requirements (FHBM). After the detailed evaluation eates the special flood, mudslide (i.e.,
1909.21 Purpose of subpart. of the special flood-related erosion has- mudflow) and/or flood-related erosion
1909.22 Prerequisites for the sale of flood and area in preparation for publication hazard areas and consists of a curved
insurance. of the FIRM, Zone E may be further or contour line that follows the topo-
190923 Priorities for the sale of flood Insult- refined. graphy.
epee under the regular program. `•Area of special flood hazard" is the "Deductible" means the fixed amount
1sos.z4 Suspension of community anti- land in the flood plain within a com- or percentage of any loss covered by in-
AUTHORITY: Sec. 7ld), Stat. 870; 42 munity subject to a one percent or surance which is borne by the insured
15.8.C.Ar0RI363TY: sec. (d). 79 tat. 575; 42 greater chance of flooding in any given prior to the insurer's liability.
U.S.C. 4013: sec. 1361,82 Stat. 587; 42 V.S.C. year. The area may be designated as "Department"means the U.S.Depart-
41oz. Zone A on the FHBM. After detailed ment of Housing and Urban Develop-
ratemaking has been completed in prep- ment,451 Seventh Street SW.,Washing-
§1909.1 Definitions. oration for publication of the FIRM,Zone ton,D.C.20410.
Subpart A—General A usually is refined into Zones A, AO, "Development" means any man-made
As used in this subchapter— Al-99,VO,and V1-30. change to improved or unimproved real
"Accounting period"means any "Area of special mudslide (i.e., mud- estate, including but not limited to
-period ri Agreement annualis in flow) hazard" s the land within a com- buildings or other structures, mining,
during accounting the Agreement
the munity most likely to be subject to severe dredging, filling, grading, paving, exca-
-effect.Agrct Eachent applies ing period ti under all foe mudslides (i.e.,mudflows).The area may vation or drilling operations.
Ag mend under is the Programto during be designated as Zone M on the FHBM. "Eligible community" or "participat-
licies e t issued
ed period. After the detailed evaluation of the spe- ing community"means a community for
th"Act" means the statutes authorizing cial mudslide (i.e.,mudflow) hazard area which the Administrator has authorized
Ro-
the National Flood Insurance Program in preparation for publication of the the sale of flood insurance under the Na-
thet are incorporated loo si ra42 U.S.C.Program
1- FIRM, Zone M may be further refined. tional Flood Insurance Program.
4128. "Association" means the National "Emergency Flood Insurance Program"
Flood Insurers Association discussed in or"emergency program"means the Pro-
"Actuarial rates"—see "risk premium Parts 1911 and 1912 of this subchapter, gram as implemented on an emergency
rates." and is the private insurance industry basis in accordance with section 1336 of
"Administrator"means the Federal In- pool composed of two or more of its the Act. It is intended as a program to
surance Administrator, to whom the members or any member acting for or provide a first layer amount of insurance
Secretary has delegated the administra- on behalf of the Association under the on all insurable structures before the ef-
tion of the Program (34 FR 2680-81, Agreement. fective date of the initial FIRM.
February 27, 1969, as amended 39 FR "Base flood" means the flood having "Erosion" means the process of the
2787,January 24, 1974). a one percent chance of being equalled gradual wearing away of land masses.
"Affiliates" means two or more as- or exceeded in any given year. This peril is not per se covered under
sociated business concerns which are or 'Building"—see"structure." the Program.
can be directly or indirectly controlled by "Chargeable rates"mean the rates es- "Exception" means a waiver from the
one or more of the affiliates or by a third tablished by the Administrator pursuant provisions of Part 1910 of this subdhap-
party. to section 1308 of the Act for first layer ter directed to a community which re-
FEDERAL REGISTER, VOL. 41, NO. 207-TUESDAY, OCTOBER 26, 1976
46970 RULES AND REGULATIONS
Neves it from the requirements of a rule, Relief Act of 1970 or any subsequent Act plans,flood control works and flood lain
regulation,order or other determination of Congress which supersedes or modi- management regulations.
made-or issued pursuant to the Act. lies the Disaster Relief Act Of 1970,or the "Flood plain management regulations"
"Existing construction,"means for the Disaster Relief Act of 1974. It includes means zoning ordinances, subdivision
purposes of determining rates,structures only financial assistance insurable un- regulations,building codes,health regu-
lar which the "start of construction" der the Standard Flood Insurance Policy. lotions,special purpose ordinances (such
commenced before the effective date of "First-layer coverage"is the maximum as a flood plain ordinance, grading ordt-
the FIRM or befgre January 1, 1975,for amount of structural and contents in- nonce and erosion control ordinance)
FIRMs effective before that date. "Ex- surance coverage available under the and other applications of police power.
isting construction"may also be referred Emergency Program. The term describes such state' or local
to as"existing structures." "Flood"or"Flooding"means: regulations,in any combination thereof,
"Existing mobile home park or mobile (a) A general and temporary condi- which provide standards for the purpose
home subdivision," means a parcel (or tion of partial or complete;inundation of flood damage prevention and re-
contiguous parcels) of land divided into of normally dry land areas from: duction.
two or more mobile home lots for rent (1) The overflow of inland or tidal "Flood protection system"means those
or sale for which the construction of waters. physical structural works for which
facilities for servicing the lot on which (2) The unusual and rapid accumula- funds have been authorized, approprl-
the mobile home Is to be affixed (in- tion or runoff of surface waters from any ated, and expended and which have
eluding, at a minimum, the Installation source. been constructed specifically to modify
of utilities,either final site grading or the (3) Mudslides (i.e., mudflows) which flooding in order to reduce the extent of
pouring of concrete pads, and the con- are proximately caused or precipitated the area within a community subject to
struction of streets) is completed before by accumulations of water on or under a "special flood hazard" and the extent
the effective date of flood plain manage- the ground. of the depths of associated flooding.
ment regulations adopted by a corn- (b) The collapse or subsidence of land Such a system typically includes hurri-
munity. along the shore of a lake or other body of cane tidal barriers,dams,reservoirs,lev-
"Expansion to an existing mobile home water as a result of erosion or undermin- ees or dikes. These specialized flood
park or mobile home subdivision"means Ing caused by waves or currents of modifying works are those constructed
the preparation of additional sites by the water exceeding anticipated cyclical ley- in conformance with sound engineering
construction of facilities for servicing the els or suddenly caused by an unusually standards.
lots on which the mobile homes are to be high water level in a natural body oP ••FloodprooRng" means any combine-
affixed(including the installation of util- water,accompanied by a severe storm,or
iites,either final site grading or pouring by an unanticipated force of nature,such tion of s changes,nges and don-structural
of concrete pads, or the construction of as flash flood or an abnormal tidal surge, additions,struc Or adjustments eliminate to
streets), or by some similarly unusual and unfore- flood dames which reduce l or improved
flood damage to real estate orit improved
"Existing structures"see"existing con- seeable event which results in flooding as real property, water and sanitary faclli-
siruction." defined in (a)(1) of this section. ties, structures and their contents.
"Federal agency" means any depart- "Flood elevation determination" "Flood-related erosion"means the col-
ment, agency, corporation, or other en- means a determination by the Adminis- lapse or subsidence of land along the
tity or instrumentality of the executive tater of the water surface elevations of shore of a lake or other body of water as
branch of the Peden,'. Government, and the base flood, that is, the flood level a result of undermining caused by waves
includes the Federal National Mortgage that has a one percent or greater chance or currents of water exceeding antici-
Association and the Federal Home Loan of occurrence in any given year. paled cyclical levels or suddenly caused
Mortgage Corporation. "Flood elevation study" means an ex-
"Federal instrumentality responsible amination, evaluation and determine- by an unusually high water level in a
for the supervision,approval,regulation, tion of flood hazards and, if appropri- natural body of water, accompanied by
or insuring of banks, savings and loan ate, corresponding water surface eleva- a severe storm, or by an unanticipated
associations, or similar institutions" tion,or an examination,evaluation and force of nature, such a5 a
a flash flood or
by
means the Board of Governors of the determination of mudslide (i.e., mud- an abnormal tidal surge, or re some
Federal Reserve System,the Federal De- flow) and/or flood-related erosion haz-
event which results in flooding.
similarly unusual and unforeseeable
posit Insurance Corporation,the Comp- ards.
troller of the Currency, the Federal "Flood Hazard Boundary Map" "Flood-related erosion area"or"flood-
Home Loan Bank Board, the Federal (FHmeans BM) an official map of a related erosion prone area"means a land
Savings and Loan Insurance Corpora- community, issued by the Administra- area adjoining the shore of a lake or
tion,and the National Credit Union Ad- tor, where the boundaries of the flood, other body of water, which due to the
ministration. mudslide (i.e., mudflow) related erosion composition of the shoreline or bank and
"Financial assistance"means any form areas having special hazards have been high water levels or wind-driven cur-
designated as Zone A,M,and/or E. rents,is likely to suffer flood-related ero-
of loan,grant,guaranty,insurance,pay-
" insurance" means the insur- sion damage.
inert, rebate, subsidy, disaster assist- ance coverage provided under the Pro- "Flood-related erosion area manage-
ance loan or grant,or any other form of
direct or indirect Federal assistance, gram. ment"means the operation of an overall
other than general or special revenue "Flood Insurance Rate Map" (FIRM) program of corrective and preventive
sharing or formula grants made to means an official map of a community, measures for reducing flood-related ero-
States. on which the Administrator has delin- sion damage,including but not limited to
ial assistance acquisition eated both the special hazard areas and emergency preparedness plans, flood-
"Financial purposes"forracq any formo or the risk premium zones applicable to the related erosion control works, and flood
construction a
of financial assistance which is intended community. plain management regulations.
c or part for the acquisition,s inends "Flood Insurance Study" see "flood "Floodway"—see "regulatory flood-
inconstruction, reconstruction, repair, or elevation study." way."
improvement of any publicly or privately Flood plain" or Rood-prone area" "Floodway encroachment lines" mean
owned building or mobile home,and for means any land area susceptible to being the lines marking the limits of flog ays
any machinery,equipment,fixtures,and inundated by water from any source (see on Federal, State and local flood plain
furnishings contained cr to be contained definition of"flooding"). maps.
therein, and shall include the purchase "Flood plain management" means the "Freeboard" means a factor of safety
or subsidization of mortgages or mart- operation of an overall program of car- usually expressed in feet above a Hood
gage loans but shall exclude assistance restive and preventive measures for re- level for es of flood plain manage-
for emergency work essential for the pro- dyeing flood damage, including but not ment. "Freeboard" tends to compensate
pro-
tection and preservation of life and prop- for the many unknown factors that
arty performed pursuant to the Disaster limited to emergency preparedness could contribute to flood heights greater
FEDERAL REGISTER, VOL. 41, NO. 207—TUESDAY, OCTOBER 26, 1976
RULES AND REGULATIONS 46971
than the height calculated for a selected Administrator only If the mudflow, and "Program" means the National Flood
size flood and floodway conditions, such not the landslide,is the proximate cause Insurance Program authorized by 42
as wave action,bridge openings,and the of damage that occurs. U.S.C. 4001-4128.
hydrological effect of urbanization of the 'Mudslide (i.e.,mudflow) prone area^ "Project cost" means the total finan-
watershed. means an area with land surfaces and cial cost of a flood protection system
"General Counsel" means the General slopes of unconsolidated material where (including design,land acquisition,con-
Counsel of the U.S.Department of Hous- the history,geology and climate indicate struction, fees, overhead, and profits),
ing and Urban Development. a potential for mudflow. unless the Federal Insurance Adminis-
"Habitable Floor' means any floor "Mudslide (i.e., mudflow) area man- trator determines a given "cost" not to
usable for living purposes, which in- agement" means the operation of an be a part of such project cost.
eludes working, sleeping,eating, cooking overall program of corrective and pre- "Regular Program" means the Pro-
or recreation, or a combination thereof. ventive measures for reducing mudslide gram authorized by the Act under which
A floor used only for storage purposes is (i.e.mudflow) damage,including but not risk premium rates are required for the
not a"Habitable Floor." limited to emergency preparedness plans, first half of available coverage (also
"Independent scientific body"means a mudslide control works, and flood plain known as "first layer" coverage) for all
non-federal technical or scientific orga- management regulations. new construction and substantial im-
nization involved in the study of land use -National Flood Insurers Association" provements started on or after the effec-
planning, flood plain management, hy- is the industry flood insurance pool au- tive date of the FIRM,or after December
drology,geology,geography,or any other thorized by the Secretary in accordance 31, 1974, for FIRM's effective on or be-
related field of study concerned with with sections 1331 and 1332 of the Act fore that date. All buildings, the con-
struction of which started before the ef-
Insurance adjustment organization" U.S.C.4051-4052).The Association head- festive date of the FIRM,or before Janu-
means any organization or person en- quarters are currently located at 1755 ary 1, 1975, for FIRMS effective before
gaged in the business of adjusting loss South Jefferson Davis Highway, Suite that date,are eligible for first layer cov-
claims arising under the Standard Flood 1102, Arlington, Virginia 22202 (703) erage at either subsidized rates or risk
Insurance Policy. 920-8830. premium rates,whichever are lower.Re-
"Insurance company" or "insurer' miumalways the
of date construction,risk pre-
means any person or organization au- "`New construction" means, for the mium rates are required for the
-thorized to engage in the insurance busi- Purpose of determining insurance rates, second layer coverage and such coverage
ness under the laws of any State. structures for which the "start of con- is offered only after the Administrator
"Mangrove stand" means an assem- struction" commenced on or after the has completed a risk study for the corn-
effective date of an initial FIRM or after munity.
low trees noted for a copious develop- December 31, 1974, whichever is later. "Regulatory floodway" means the
went of Interlacing atous roots For flood plain management purposes, channel of a river or other watercourse
above the ground and which contain one "new construction"means structures for and the adjacent land areas that must be
or more of the following species: Black which the "start of construction" coin- reserved in order to discharge the base
mangrove (Avicennia Nitida); red man- menced on or after the effective date of flood without cumulatively increasing
grove (Rhizophora Mangle);white man- a flood plain management regulation the water surface elevation more than a
adopted by a community.
utgroto (ood (Conocarpus
laRacemosa);Erecta)) and "New mobile home park or mobile designated"Riskrem um rates" mean those
ba"Map" eansocthe s Erects). home subdivision" means a parcel (or rates established by the Administrator
Mdar means rlood Hazard
-Boundary Map(ap M) or the Flood In- contiguous woorme,p obs) of land divided sr retont pursuant tv individual ons ichare d stud-
surance Rate Map (FIRM) for a coin- two or more mobile home lots for rent ies and investigations which are under-
munity issued by the Federal Insurance or sale for which the construction of taken to provide flood insurance In ac-
Administration. facilities for servicing the lot on which eordance with Section 1307 of the Act
"Mean sea level" means the average the mobile home is to be affixed (includ- and the accepted actuarial principles.
height of the sea for all stages of the ing at a minimum, the installation of "Risk premium rates"include provisions
Side. utilities, either final site grading or the for operating costs and allowances.
"Mobile means a structure, -pouring of concrete pads, and the con- "Riverine" means relating to, formed
Milehome"in one or morer sections, struction of streets) is completed on or by,or resembling a river (including trib-
transportable tra built on a chassis after the effective date of flood plain utaries),stream,brook,etc.
is designed to be used permanent wiad o without management regulations adopted by a "Sand dunes" mean naturally occur-
and a permanent foundation when connected community. ring accumulations of sand in ridges or
"100-year flood"see "base flood." mounds landward of the beach.
to the required utilities. It does not in-
"Participating communit also "Second layer coverage"means an ad-
dude recreational vehicles or travel y,
ditional limit of coverage equal to the
trailers.The term includes, but it is not known as an "eligible w community,"
means a author in which the Admin- amounts made available under the leEmer-
limited to, the do regulations
of "mobile n istrator has authorized the sale of flood deny Program, and made available un-
lag as set forth in eeSaf ty govern- insurance. der the Regular Program only where su-
ing the Mobile Home Safety and Con-
"Person" includes any thorized by the Administrator.
struction3282,1(x) Standards Program (24 CFR individual or
3282.7(a)). group of individuals, corporation, part-
Housing means the Secretary of
nership,association,or any other entity, Housing and Urban Development.
"Mobile home park or mobile home "Servicing company" means a corpo-
k ision"—see "existing mobile home including State and local governments ration, partnership, association, or any
park or mobile home subdivision" or and agencies.
par other organized entity which subeon-
new mobile home park or mobile home "Policy" means the Standard Flood tracts with the National Flood Insurers
subdivision." Insurance Policy. Association to service insurance policies
"Mudslide" (i.e., mudflow) describes a "Premium" means the total premium under the National Flood Insurance Pro-
condition where there is a river,flow or Payable by the insured for the coverage gram for a particular area.
inundation of liquid mud down a hillside or coverages provided under the policy. "Sheet flow area"—see "area of shot-
usually as a result of a dual condition of The calculation of the premium may be low flooding."
loss of brush cover, and the subsequent based upon either chargeable rates or "Special Hazard Area"means an area
-accumulation of water on or under the risk premium rates, or a combination of having special flood,mudslide (i.e.,mud-
g round preceded by a period of unusually both. flow) and/or flood-related erosion haz-
heavy or sustained rain.A mudslide (i.e., "Principally above ground"means that ards, :-rd shown on a FHBM or FIRM
mudflow) may occur as a distinct phe- at least 51 percent of the actual cash as Zone,A,AO,Al-99,VO,V1-30,M or E.
nomenon while a landslide is In progress, value of the structure,less land value, Is "Standard Flood Insurance Policy"
and will be recognized as such by the above ground. means the flood insurance policy issued
FEDERAL REGISTER, VOL. 41, NO. 207-TUESDAY, OCTOBER 26, 1976
46972 -RULES AND REGULATIONS
by the National Flood Insurers Associa- "Subsidized rates"-means the rates then participating in theTrogram,aub-
tion pursuant to Federal statutes and established by the Administrator involv- ject to certain exceptions. See FLA pub-
regulations. ing in the aggregate a subsidization by lished Guidelines at 41909.4(c).
"Start of construction"means the first the Federal government. (b) To qualify for the sale of federally-
-placement of permanent construction of "Substantial improvement"means any subsidized flood insurance a community
a structure (other than a mobile home) repair, reconstruction, or improvement must adopt and submit to the Adminis-
an a site,such as the pouring of slabs or of a structure, the cost of which equals trator as part of its application, flood
footings or any work beyond the stage or exceeds 50 percent of the market value plain management regulations,satisfying
of excavation. Permanent construction of the structure either, (a) before the im- at a minimum the criteria set forth at
_does not include land preparation, such provement or repair is started, or (b) if Part 1910 of this subchapter,designed to
as clearing,grading,and filling;nor does the structure has been damaged, and is reduce or avoid future flood, mudslide
it include the installation of streets and/ being restored, before the damage oc- (i.e., mudflow) or flood-related erosion
or walkways; nor does it include excava- curred. For the purposes of this deflni- damages.These regulations must include
tion for a basement, footings, piers or tion "substantial improvement" is con- effective enforcement provisions.
foundations or the erection of temporary sidered to occur when the first alteration (c) Minimum requirements for ade-
forms; nor does it include the installs- of any wall,ceiling,floor,or other struc- quate flood plain management regula-
tion on the property of accessory build- tural part of the building commences, tions are set forth in 4 1910.3 for flood-
ings, such as garages or sheds not oc- whether or not that alteration affects Prone areas,in§ 1910.4 for mudslide (i.e.,
cupied as dwelling units or not as part the external dimensions of the strut- mudflow) areas and in§ 1910.5 for flood-
of the main structure. For a structure ture. The term does not, however, in- related erosion areas. Those applicable
(other than a mobile home) without a dude either (1) any project for improve- requirements and standards are based on
basement or poured footings, the "start ment of a structure to comply with exist- the amount of technical information
of construction" includes the first per- ing state or local health, sanitary, or available to the community.
manent framing or assembly of the struc- safety code specifications which are sole- § 1909.3 Emergency program.
ture or any part thereof on its piling or ly necessary to assure safe living con- The 1968 Act required a risk study to
foundation.For mobile homes not within ditions or (2) any alteration of a struc- undertaken for each community before
a mobile home park or mobile home sub- ture listed on the National Register of be it could become eligible for the sale of
division, "start of construction" means Historic Places or a State Inventory of
the affixing of the mobile home to its Historic Places. flood insurance. Since this requirement
permanent site.-For mobile homes within "Variance"means a grant of relief by resulted in a delay in providing insur-
mobile home parks or mobile home sub- a community from the terms of a hood anee, the Congress, in section 408 of the
divisions, "start-of construction" is the plain management regulation. Housing and Urban Development Act of
date-on which the construction of facili- "Water surface. elevation" means the esta69 e L.n1Eme-152,g December Flood o nsur-
ties for servicing the site on which the projected heights in relation to Mean established an Emergency Insur-
Mobile home is to be affixed (including. Sea Level reached by floods of various ante Program as a new Section 1336 of
at a minimum, the construction of magnitudes and frequencies in the flood the National eea ear Act (42
streets, either final site grading nr the plains of coastal or riverine areas. U.S.C. to p perr mit t t tee early sale of
pouring of concrete pads, and installa-
tion of utilities) is completed. § 1909.2 Description of program. The emergency program, which under
0,
"State" means any State, the District (a) The National,Flood Insurance Act existing does lawnot extends to September nt
of Columbia, the territories and posses- of 1968 was enacted by Title XIII of the 1977, affect the-requirement
dons of the United States,the Common- Housing and Urban Development Act of that a community plainmamust adopt t regulationsau ate
wealth of Puerto Rico, and the Trust 1968 (Pub. L. 90-448, August 1, 1968) flood e stain management 0 of this ubcpi
Territory of the Pacific Islands. to provide previously unavailable flood pursuant r to Part Inc of subchapter
"State coordinating agency"means the insurance protection to property owners but permits insurance to determine sold ek
agency of the state government,or other in flood-prone areas. Mudslide (as de- a emiu R conducted mmny. risk
office designated-by the Governor of the fined in 4 1909.1) protection was added premium rates for the pon effective y. The
state or by state statute at the request of to the Program by the Housing and Ur- Program of FIRM stIll requires cs upon thefrisk pre-
the ban Development Act of 1969 (Pub. L. date of a ll charging construction ad
Adminiof t er to aoal in toe impir- 91-152, December 24. 1969). Flood-re- cob ra ntialtes mfor ov new s anfor higher
i am
mice rog of the tat Flood Incur- lated erosion(as defined in 4 1909.1-) pro- limits ofico erase for improvements and for ctur e.
.ante Program in that state. limits of coverage for existing structures.
"Storm cellar" means a space below tection was added to the Program by the
grade used to accommodate occupants of Flood Disaster Protection Act of 1973 § 1909.4 References.
the structure and emergency supplies as (Pub.L.93-234,December 31.1973).The (a) The following are statutory refer-
a means of temporary shelter against Flood Disaster Protection Act of 1973 re- ences for the National Flood Insurance
severe tornado or similar wind storm quires the purchase of flood insurance Program, under which these regulations
actfvlty, on and after March 2, 1974, as a condi- are issued:
means, for flood plain lion of receiving any form of Federal or (1) National Flood Insurance Act of
"Structure" a wood and federally-related financial assistance for 1968 (Title XIII of the Housing and
mangement
acquisition or construction purposes with Urban Development Act of 1968),Pub.L.
roofed building,including a gas or liquid
respect to insurable buildings and mobile 90-448,approved August 1,1968,42 U.S.C.
storage tank, that is principally above homes within an identified special flood. 4001 et seq.
ground,as well as a mobile home."Strut- mudslide (i.e., mudflow), or flood-re- (2) Housing and Urban Development
ture" for insurance coverage purposes, lated eros'lon hazard area that is located Act of 1969 (Pub. L. 91-152, approved
means a walled and roofed building, within any community participating in December 24,1969),
other than a gas or liquid storage tank, the Program. The Act also requires that
that is principally above ground and af- on and after July 1, 1975, or one year (3) Flood 9 ), ubPr L. 93-234,tion Act ap-
fixed o-
to a permanent site, as well as a after a community has been formally 1973 (87 Scat. er 3i 1973.
9b. L.mobile home on foundation.For the lat- notified by the Administrator of its Eden- proved December 31,
Men-
ter purpose,the term includes a building tification as community containing one (4) Section 816 of the Housing and
-while in the course of construction, al-, or more special flood, mudslide (i.e., Community Development Act of 1974 (87
teration or repair, but does not include mudflow), or flood-related erosion has- Stat.975),Pub.L. 93-383, approved Au-
building materials or supplies intended and areas,no such Federal financial as- gust 22, 1974.
for use in such construction, alteration Stance,including mortgage loans from (5) Pub.L. 94-375 (effective August 3,
or repair, unless such materials or sup- federally-regulated lenders,shall be pro- 1976).
-plies are within an enclosed building on vlded within such an area unless the (6) The above statutes are included in
the premises. community in which the area Ls located is 42 U.S.C.4001 et seq.
FEDERAL REGISTER, VOL II, NO. 207-TUESDAY, OCTOBER 26, 1976
RULES AND REGULATIONS46973
(b) The following are-references rele- the entire area within its jurisdiction, (ii) Provide such information concern-
vant to the National Flood Insurance and shall submit: ing present uses and occupancy of the
Program: (1) Copies of legislative and executive flood plain, mudslide (i.e.. mudflow) or
(1) Executive Order 11296 (Evaluation actions indicating a localmeed for flood -flood-related erosion areas as the Admin-
of Flood Hazard in Locating- Federally- insurance and an explicit desire to par- istrator may request;
Owned or Financed Buildings, Roads, ticipate in the National Flood Insurance (iii) Maintain for public inspection
and other-Facllities,snd in Disposing of _Program; and furnish upon request,for the deter-
Federal Lands and-Properties,dated Au- (2) Citations to State and local stet- mination of applicable flood insurance
gust 10,1966 (31 FR 10663-64,August 11, utes and ordinances authorizing actions risk-Premium rates within all areas hay-
1966). regulating land use and copies of the ing special-flood hazards identified on-a
(2) The Flood Control Act of 1960 local laws and regulations cited; FROM or FIRM, any certificates of
(Pub.L.86-645). (3) A copy of the flood plain manage- flood-proofing, and information on the
(3) Title II,section 314bf TitlelII and ment regulations the community has elevation (in relation to mean sea level)
section 406 of Title IV of the Disaster adopted to meet the requirements of of the level of the lowest habitable floor
Relief Act of 1974 (Pub.L.93-288). II 1910.3, 1910.4 and/or 11910.5 of this (including basement if habitable) of all
(4) Coastal Zone Management Act subchapter. This submission shall in- new or substantially Improved strucr
(Pub. L. 92-583),as amended Pub. L. dude copies of any zoning,building,and tures, and include whether or not such
94-370. subdivision regulations, health codes, structures contain a basement,and if the
(5) Water -Resourees Planning Act special purpose ordinances (such as a structure has been floodproofed, the
(Pub.L. 89-90), as amended-Pub.L. 94- flood plain ordinance,grading ordinance, elevation (in relation to mean sea level)
112 (October 16, 1975). or flood-related erosion control ordi- to which the structure was floodproofed:
(6) Title I, National Environmental nance), and any other corrective and (iv) Cooperate-with d''ederal, State,
Policy Act (Pub.L.91-190). preventive measures enacted to reduce or and local agencies and private -firms
(7) Land and Water Conservation prevent flood, mudslide (i.e., mudflow) which undertake to study, survey, map,
Fund Act (Pub. L. 89-578), and sub- or flood-related erosion damage; and identify flood plain, mudslide (i.e.,
sequent amendments thereto. (4) A list of the incorporated commu- mudflow) or flood-related-erosion areas.
(8) Water Resources Council, Princi- nities within the applicant's boundaries; and cooperate with neighboring con-
pals andMtandards for Planning,Water (5) Estimates relating to the commu- munities-with respect to the-management
and -Related Land Resources (38 FR nity as a whole and to the flood,mudslide of adjoining-flood plain, mudslide (i.e.,
24778-24869, September 10, 1973). (i.e.,mudflow) and flood-related erosion mudflow and/or flood-related erosion
(9) Executive -Order 11593 (Protec- -Prone areas concerning: areas in order to prevent aggravation of
tion and Enchancement of the Cultural (i)-Population; existing hazards;
-Environment), dated May 13, 1971 (36 (ii) Number of one to four family (v) Upon occurrence, notify the Ad-
FR 8921,May 15,1971). residences; ministrator in writing -whenever the
(10) 89th Cong.,2nd Session,H.D.465. (ill) Number of small businesses; and boundaries of the community have teen
(11) Required land use element for (iv) Number of all other structures. modified by annexation or the com-
comprehensive planning assistance un- (6) Address of a local repository,such munity has otherwise assumed or no
der section 701 of the Housing Act of as a municipal-bullding,where the Flood longer-has authority to adopt and en-
1954, as amended by the Housing and Hazard Boundary Maps (FHBM's) and force flood plain management regula-
Community Development Act of 1974 (24 Flood Insurance Rate Maps (FIRM's) tions for a particular area.In order that
CFR §600.72). will be made available for public all-1"tibM's and FIRM's accurately rep-
(c) The following -reference wide- inspection; resent the community's boundaries, in-
lines represent the views of the Federal (7) A summary of any State or Fed- dude within such notification a copy of
Insurance Administration with respect eral activities with-respect to flood plain, a-map of the community suitable for-re-
to the mandatory purchase of flood in- mudslide (l.e.,mudflow) or flood-related production, clearly delineating the new
surance under section 102 of the Flood erosion area management -within the corporate limits or new area for which
Disaster Protection-Act of 1973: Manda- community, such as federally-funded the community has assumed or relin-
tory-Purchase of Flood Insurance Guide- flood control projects and State- quished flood plain management-regu-
lines (39 FR 26186-26193, July 17, 1974; administered flood plain management latory authority.
40 FR 16710,April 14.1975;40 FR 54277- regulations; (b)An applicant shall legislatively:
(8) a commitment to recognize and (1) Appoint or designate the agency
54278, November 21, 1975; and 41 FR duly evaluate flood, mudslide (1.e., mud- or official with the responsibility, au-
2426,January 16, 1976. flow) and/or flood-related erosion haz- thority, and means to implement the
Subpart B—Eligibility Requirements ards in all official actions in the areas commitments made in paragraph (a) of
having special flood,mudslide (i.e.,mud- this section,and
§1909.21 Purpose of subpart. flow) and/or flood-related erosion has- (2) -Designate the official responsible
This subpart lists actions that must be ards and to take such other official ac- to submit an annual report to the taken by a community to become eligible Ad-
tion reasonably necessary to carry out ministrator concerning the community
the objectives of the-program; and participation in the Program including,
add to remain eligible for the Program. (9) A commitment to: but not limited to, the development and
§1909.22 Prerequisites for the sale of (I) Assist the Administrator at his re- Implementation of flood plain manage-
-flood insurance. quest, in his delineation of the limits of ment regulations and,
(a) To qualify for -flood insurance she areas having special flood, mud-slide (3) Utilize annual report form (OMB
availability a community shall apply for erosion
mudflow) or flood-related osisi on hazards; • No.83--R1548) as follows:
FEDERAL REGISTER, VOL. 41, NO. 207—TUESDAY, OCTOBER 26, 1976
46974 RULES AND REGUL-AT:ONS
I)Community county sea mudflow) andth e flood-related erosion
Dle Official 0Tido 1ITelep one area;
11 RuPwa (d) Availability of information on the
0 Addren community with respect to its -flood,
Signature one mudslide (i.e., mudflow) and flood-re-
lated erosion characteristics and previ-
tt o n•vranwl this MS)and Indies tMw mY mange on.Wur we...a NEAR ous losses;
I. PHYSICAL CHANGES AND RECENT FLOODING IN YOUR COMMUNITY (el Extent of State and local progress
in flood plain, mudslide (i.e., mudflow)
a. Gwadar!Changes. Hem year community's corporate limit.a,toaw,H.,I.now Line your let area and flood-related erosion area man-
mmM,.porn (IF YES,PLEASE ATTACH A NEW MAP SHOWING REVISED COMMUNITY Ys E 1 Ha I I agement, including adoption of flood
BOUNDARIES,.
Main management regulations consistent
b.Natural a. H... been
or physical •Ice i^ with related ongoing programs in the
Hendon In Yew.ommue r ..ebRe.O e.',r ounce*won
Meet. ntatio�n,
e debris bueid.uph uP YES.PLEASE ATTACH THE MOST RECENT Ste FLOOD HAZARD MAParea.
AND INDICATE THE EXTENT OF CHANGES AND THE AREAS AFFECTED,. Ye,(I Nol l
§ 1909.24 Suspension of community cl:-
t Mm ,CM ,. Han there been y P•oi b 0 would ins s find. gibility.
go n in w amen.commonly
0.a..dame dike.Own.bndpa.tno which
drainage facilities. nemia
1- r.Eingoo daI IF YES.PLEASE ATTACH THE MOST RECENT FIA FLOOC HAZARD MAP AND INDS (a) A community eligible for the sale
D CATE THE EXTENT DC THE ACTIVITIES AND THE AREAS AFFECTED,. Veen Noll of flood insurance shall be subject to sus-
- d.Runt Flooding.He any flooding occurred in your edmmdwP,inn lM len annual reports OF YES. pension from the Program for falling to
�J PLEASE ATTACH THE MOST RECENT FIA FLOOD HAZARD MAP SHOWING THE AREAS submit copies of adequate flood plain
-o AFFECTED.AND ON A SEPARATE SHEET INDICATE FOR EACH FLOOD THE OCCURRENCE management regulations meeting the
2 DATE.WATER ELEVATION. NUMBER OF STRUCTURES DAMAGED AND ESTIMATE THE
≤- FINADCIAL DAMAGE,. Yell .Nall minimum requirements of paragraphs
-z L AMENDMENTS TO EXISTING LAWS (b)r (c), (d) or (e) of § 1910.3 or para-
o graph (b) of § 1910.4 or § 1910.5, within
• Hen wig,,merminingle mining td Ilona or Row seas bra^mad•to Yd.mmmunhVY.pde.nde six months from the date the Adminis-
a Rood Wren management lens since your let annual repo& nF YES.PLEASE ATTACH A CERTI. trator provides the data upon which the
tPIED COPY OF THE ADOPTED AMENDMENTS). Yell Mill
o flood plain regulations for the applicable
3. COORDINATION,STATISTICS,AND ESTIMATES paragraph shall be based. Where there
4
. Cease;mtidn. Has your,«^mu^ity had any problems in.dominating its Rood plan management has not been any submission by the com-
o pennon drab adjacent communities? OF YES,PLEASE ATTACH A SEPARATE SHEET EXPLAIN. mumty, the Administrator shall notify
et ING THE PROBLEMS). Yell? Mill the community that 90 days remain in
a the six month period in order to submit
4 SWORN, The following 41 eon helicon., community's•Mmlirmea In an
z mi pia.....,.Meet Menem. adequate flood plain-management regula-
., EEumb t Number tions. Where there has been an made-
a a.wmw Granted quote submission,the Administrator shall
o (vl.:mownlao permits i the nmpwd. .v notify the community of the specific de-
w
a. far Vedanta Tram WE lm-YIN flood ape.ddn l.Rwrw.l ficiencies in Its submitted flood plain
management regulations and inform the
Pt Other variances hem FMReed plain management nooYenms community of the amount of time re-
at Total variances Lem ell PIA r.duimmente(combined.td of WEI A Dl l maining within the six month-period. If,
subsequently, copies of adequate flood
Mr IX the tad variances Item all FIA,wwremen.ham many wen gunmen. plain management regulations are not
on lae'mdeeding la mere? received by the Administrator, he shall,
a-tnW.at IFehnow Owa l..,foe no lalH.be.wing the sat tuns seurneardialdol: no later than 30 days before the expire-
Mood �I Now,u tion of the original six month period,
a...nA
Pwen.E Family Similes. Structures gouda. provide written notice to the community
Eerlmeter of wax in de veld tided and to the state and assure publication in
Mears area,delineate on the FM the FEWERAL REGISTER under Part 1914 of
Flow lour..',.Rate Map Re.Uoll.
WI am,except B.C.M DI this subchapter, of the community's loss
Estimate of tom,in the of eligibility for the sale of flood insur-
.ma,ommundY. once, such suspension to-become effec-
0m3 NO. 61-81916 tive upon the expiration of the six mew'h
period. Should the community remedy
(c) The documents required by pare- clearinghouses may assist the applicant the defect end the Administrator receive
graph (a) of this section and evidence in assuring maximum consistency-with copies of adequate flood plain manage-
of_the actions required by paragraph State, regional and local comprehensive ment regulations within the notice pe-
(b) of this section shall be submitted to plans and flood plain management pro- riod, the suspension notice shall be re-
the •Federal Insurance Administrator, grams scinded by the Administrator.If the Ad-
Department of Housing and Urban De- ministrator receives notice from the State
velopment, 451 Seventh Street, S.W., §1909.23 Priorities for the sale of flood that it has enacted adequate flood plain
Washington,D.C.20410. insurance under the regular program, management regulations for the com-
(d) A copy of the documents required Flood-prone,mudslide (i.e., mudflow) munity within theshall notice periorescindedd,the saR-
the
by paragraph (a) of this section and and-flood-related erosion prone commu- Pension notice
-Administrator.The community's elitsit il-
evidence of the actions required by pare- nities are placed on a register of areas ity shall remain terminated after sus-
graph (b) of this section shall be sub- eligible for ratemaking studies and then pension until copies of adequate flood
mitted by an applicant to the appropri- selected from this register for ratemak- Dl in-Mwrlagement r elation av
ate State and areawide clearinghouses lag studies on the basis of the follow- ve an approve by the Adminia-
established in accordance with Part I of mg considerations— Erat
-OMB Circular No. A-95 (41 FR 2052- (a) Recommendations of State offi- (b) A community eligible for the sae
e-
2065, January 13, 1976). Clearinghouse vials; flood insurance which fails floodo aain
-quately enforce or repeals its plain
review of the documents shall not be a (b) Location of community and ur- management regulations meeting the
prerequisite to the Administrator's ac- gency of need for flood insurance; minimum requirements set forth in
-ceptanco of a community's application (c) Population of community and in- §§1910.3, 1910.4 or§ 1910.5 shall be sub-
for the availability of flood insurance tensity of existing or proposed develop- Ject to suspension of its Program eligi-
under the Emergency Program.However, meat of the flood plain,the mudslide the., buity. Under such circumstances, the
PEDERAL REGISTER, VOL 41, NO. 207—TUESDAY, OCTOBER 26, 1976
RULES AND REGULATIONS 46975
Administrator shall grant the community subpart C--Additional Conslemtlons in Mang- more restrictive than the criteria set
30Ill Flood-Resat,MErore Pro Areas l Prone, forth in this Part are encouraged and
should days in which a show cause why it end Flood RNe<ed Eroaloo-Prone Maas shall take precedence.
not be suspended. The Adminis- sea
trator may conduct a hearing before 191021 Purpose of this subpart. §1910.2 Minimum compliance with
commencing suspensive action.Ifa com- 1910.22 Planning considerations for flood- flood plain management criteria.
munity is to be suspended,the Adminis- prone areas. (a) A flood-prone trator shall inform it upon 30tlays prior 1910.23 Planning considerations for mud- ing for flood insuranceoncommunity u a apply-
written y notice and publication in the slide(i.e..mudflow)-prone areas.
ll
FEDERAL-REcISTgRanderPart 1914 of this 1910.24 Planning considerations for flood- meet the standards of §1910.3(a) in or-
subchapter of its loss of eligibility for the related erosion-prone areas. der to become eligible if a FHBM has
19102 t6 State coordination. no been issued for the community at the
sale of flood insurance. In She event of
impending suspension,the Administrator 1910.28 Local coordination. time of application.Thereafter,the com-
shall issue a press release to the local AIMIORITY: Sec. 7(d), 79 Stat. 670; 42 munity will be given a period of six
17.5.0. 3535(d); Sec. 1306, 82 Stat. 575; 42 months from the date the Administrator
media explaining the-reasons and-effects
V.S.-(7.4013; Sec. 1361, 82 Stat. 587;-42 U.S.C. p ovides the data set forth in §19103
of the suspension. The community's ail- 4102. (b), (c), (d), or (e) In which to meet
gibility shall only be reinstated by the the of applicable pare-
legislative upon his-receipt of a local Subpart A—Requirements for Flood Plain the requirements If community the has l received a
legislative or executive measure-reaffirm- Management Regulations FHBM,but has not yet applied for-Pro-
ing the community's formal intent to §1910.1 Purpose of subpart. gram eligibility,the community shall ap-
adequately-enforee the flood plain man- (a) The Act provides-that flood inane- ply for eligibility directly under the
anee-wit the-requirements-of e adopted in compli-sSb once shall not be sold or renewed under standards set forth in§1910.3(b).There-
part, lth idencethis Sub- the program within a community,unless after.the community will be given a pe-
tart, together with evidence of action the community has adopted adequate riod of six months from the date the
taken by the community to-abrogate,thte, to flood plain management regulations con- -Administrator provides the data set forth
the-maximum extent possible, the ac sistent with Federal criterla.3tesponsf- in §1910.3 (c), (d), or (e) in which to
tion(s) which caused the suspension. In bility for establishing such criteria is meet the requirements of the applicable
such such cases, the Administrator, in order delegated to the Administrator. Paragraph.
to evaluate the community's perform- (b) This subpart sets forth the criteria (b) A mudslide (i.e., mudflow)-prone
ante under the terms of its-submission,
lthe developed in accordance with the Act by community applying for flood insurance
may either conditionally reinstate the which the-Administrator will determine eligibility shall meet the standards of
community'stemenfo eligibility not seine the adequacy of a community's -flood §1910.4(a) to become eligible. Thereat-
statement forma period not to-exceed one plain management regulations. These ter,the community will be given a period
year from the date of his receipt of the regulations must be legally-enforceable, of six months from the-date the-mudslide
submission. applied uniformly throughout the corn- (i.e.,mudflow) areas having special mud-
(c) The Administrator shall promptly munity to -all privately and publicly slide hazards are delineated in which to
notify the Association Y those c suspended,
-owned land within flood-prone, mud- meet the requirements of §1910.4(b).
ties whose has been suspended, slide (i e., mudflow) or flood-related (c) Atood-related erosion-prone corn-
and ethery Association shell-promptly notify erosion areas,and the community must munity applying for flood insurance eligi-
its servicing companies.Flood insurance provide that the regulations take prece- bility shall meet the standards of§1910.5
shall not be soldor-renewed in any sus- dance over any less restrictive conflict- (a) to,become eligible. Thereafter, the
pended community until the Association in local laws ordinances or codes. Ex- community will be given a period of six
1s subsequently notified by
the inls- cent as otherwise provided in §1910.6, months from the date the flood-related
trator of_the date of the community's
nity's the adequacy of-such regulations shall be erosion areas having special erosion haz-
formal reinstatement.Policies sold or determined on the basis of the stand- ardsare delineated in-which to meet the
renewed within a community-during a erds set forth in §1910.3 for flood-prone requirements of §1910.5(b).
Period of ineligibility are deemed to be areas, *1910.4 for mudslide areas and (d) Communities identified in Part
voidable by the Administrator-whether §1910.5 for-flood-related erosion areas. 1915 of this subchapter-as containing
or not the parties to sale or renewal had (c) Nothing in this subpart shall be more than one type of hazard (e.g., any
actual notice of the ineligibility. construed-as modifying or replacing the combination of special mood, mudslide
general requirement that all eligible [i.e.,mudflowl,and flood-related-erosion
communities must take into account -hazard areas) shall adopt Flood plain
PART 1910—CRITERIA FOR LAND flood,-mudslide(i.e.,mudflow) and flood- management-regulations for each type
MANAGEMENT AND USE related erosion hazards, to the extent of hazard consistent with the-require-
SubpartA—Reeuiroment5 for Flood Plain that they are known, in all official ac- ments of §§1910.3, 1910.4 and 1910.5.
Management Regulations dons relating to land management and (e) Local flood plain management
gee use. -regulations may be submitted to the
1910.1 -Purpose of subpart. (d) The criteria set forth in this sub- State Coordinating Agency -designated
1910.2 Minimum compliance with flood
plain management criteria. -Part are a minimum standards the pursuant to § 5 for its advice and
1910.3 Flood plain management criteria for adoption of flood plain management concurrence.The submission to theState
-flood-pronesreu. regulations by flood-prone,mudslide(i.e., shall clearly describe proposed enforce-
1910.4 Flood plain management criteria for mudflow)-prone and flood-related ero- ment procedures.
mudslide' (i.e., mudflow)-prone lion-prone communities.Any community (f) The community official responsible
erase• -may exceed the minimum criteria under for submitting annual -reports to the
1910.8 Flood plain management criteria for this Partby adopting more comprehen- Administrator pursuant to §1909.22(b)
flood-related erosion-prone areas. sive flood plain management regulations (2) of this subchapter shall also submit
1910.8 Variances and exceptions. utilizing the standards such as contained copies of eachannusl report to any State
ma
1910.7 -n of curet flood plain in subpart C of this Part. In some in- Coordinating Agency.
nmniaement eerulateona.
1910.8 Definitions. stances, community officials may have (g) A community shall assure that its
Subparts iMqulremenls for state Flood Plain access to information or knowledge of comprehensive plan is consistent with the
Management Regulations conditions that require, particularly for flood plain management objectives of this
1910.11 Purpose of this subpart. human safety,higher standards than the Part 0-911 adopt and
1910.12 Flood plain management criteria for minimum criteria set forth in Subpart (h) The community
State-owned properties in special A of this Part. Therefore, -any Hood enforce flood plain management regula-
hazard areas• plain management regulations adopted Lions based on data provided by the Ad-
1910.18 Noncompliance. by a State or a community which are ministrator. Without prior approval of
FEDERAL REGISTER, VOL. 41, NO. 207—TUESDAY, OCTOBER 26, 1976
46976 RULES AND REGULATIONS
the Administrator, the community shall the-amount of technical data formally watersurface elevation data nor identl-
not adopt and enforce flood plain man- provided to thecommuty by the old- fled a-floodway or coastal high hazard
agement regulations based upon modified ministrator. .Minimum standards for -area, Require thecom community
shall: all proposed
data reflecting natural or -man--made communities are as follows:
physical changes. (a) When She Administrator has not construction and other developments in-
es,
(i) The upon its-receipt(c), ( )f defined the specialwithin a community, has notard provia deedd within g the Zoneplacement
the mobile
com unity's
the data set forth in paragraph (cl, (d)
or (e)1910.4 of 41910.3 or paragraph of provided sufficient elevation
to identify the (2)d Require the application of the
§propriate and shall inform the ap- floodway or coastal high hazard area, standards in paragraphs (a) (2), (3),
ouse State araccordde clearing-with
but the community has indicated the (4), (5) and (6) of this section to devei-
harte of OMB Circular
in accordance wih
Part I OMB Ciry 13,No.1976),A-95at FR presence of such an application to participate in the Pro- nity's FHBMin3one A�n the commu-
2052-2065, auary ofmonths
the (3) Require that-all subdivision pro-
in community has a period m six the Ad- gram, the community shall:
which to adopt and submit to the Ad- (1) -Require permits for all proposed posals and other proposed new develop-
ministrator adequate flood plain manage- construction or other development in ments greater than 50 lots or 5 acres,
ment regulations.ageto (The he ty the community,of mobile homes,so that it may determine such pr the placement oposals basr is the e flood elevation datasser, include ;
are ncthe six xd to assist period od community in lo - whether such construction or other (4) Obtain, review, and reasonably
within he month- dassuring
re- development is proposed within flood- utilize any base -flood elevation data
ing such coordination).ati in aco ing community t- Prone areas; available from a Federal,State,or other
atonal tothe The p (2) Review proposed development to source, until such other data has been
shall submit clearinghouse,appropriate State and assure that all necessary permits have provided by the Administrator, as cri-
-with its tse Administratoyr,
-been received from those governmental tens for requiring that (i) all new con-
_a copy submall issibn adopted o flood the plain manage-
agencies from which approval is required struction and substantial improvements
a rit regulationsf plain ply with t- by Federal or State law,including section of residential structures have the lowest
merit-paragraphs
intended) or (e)to comply 191
paragraphs (c), or of 4 1919 or Tool Water
1972, ion Con- -floor(includin_g 33 U.S.C. above the base flood basement)
evel and(Ii) allted to or
new
Clearinghouse of §1910:4 or §1910.5.t 1334; construction and substantial improve-
exceeddays ry from for a period not to _
submits from the date a com- determine1ewhethpermit
r proposped�build building he lowest floor ts of d(including ential cbasement)
tures have
regulay tothe flood ring management
regulations to clearinghouse,shtibe sites will be reasonably safe from flood- elevated or floodproofed to or above the
provided prior to the Administrator's ing.-If a proposed building site is in a base flood level;
co on such r a statement a Clearinghouse flood-prone area, all new and substantial improvements(including nation ction (5) ofr the purpose applicable floodfinsuran determi-
comments, insurance
mutiny
iythat
or a mmisorbyr the ron-, the placement of prefabricated buildings premium rates within Zone A on a cotn-
munityhate commentsrefro mh-
clearin have been received from the y and modified)and adequately m anchored red (innrel relation Bto mean sealevel)l of elevation
clearinghouse,tlearcomm se, should be submitted by
the community to the a sary forat movem movement of revent thestructure, (it)rbe con- ment) of allnew or substantially im-
base-
Howeneh Itu to oy be necessary for the strutted with materials and utility proved structures, and whether or not
rlearinghou within review the community's
regulations a shorter time period equipment resistant to flood damage,and such structures contain a basement, (ii)
d-
in the event of pending action toti suspend (iii)ractices that minimize e Constructed flood damag methods e; proofed, thend obtain, if the
structure has been elevation (in eationto
the u nt to I 1 sYr4 of mth pars Su cihapion,ter, practices
pursuant to 4 1909.24 of this Subchapter, (4) Review subdivision proposals and -mean sea level) to which the structure
for failure to adopt adequate flood plain other proposed new development to de- was floodproofed, and (ill) maintain a
management regulations within the re- termine whether such proposals will be record of all such information with the
uluired.six months. The within seven working daysdoff takings a divisionbproposal or otherly safe from proposednew undering. If a sub- l4 90922(a)d(9)byflthe community
uations,adja-
plaint action on the community's flood any such proposals shallopment is in a l be rev revrone iewed to centa. lcommunitiesvand thne e State Coordf-
vide management submission,shall nro alteration or
-
the submi of ssion to -each clearinghouse consisteure nt with such
minimize relocationffiof a watercourse, and submit
from which a comment was received. oo (i
i)a allpubwilic utilitiesthen flood-prone
ld od-pr nees, ciopies
of such notifications to the Admin-
area,§1910.3 Flood plain management cri- such as sewer, gas,electrical, and water (7) Assure that the flood carrying ca-
tens for flood-prone areas. systems are located and constructed to parity within the altered or relocated
The Administrator will provide the minimize or eliminatellood damage,and portion of any watercourse is main-
data upon which flood plain management (iii) adequate drainage is provided to re- tamed;
Require that all mobile homes to be
regulations shall be based.'If the Ad- duce exposure to flood hazards; placed
within Zone A on a datasto furnish a basis for t these regula- new ded sufficient )andd replacement water supply sys-Require within flood- rone areas F'RBM shall be anchored tom community's
flota-
tions in a particular community, the terns to be designed to minimize or elimi- tion, collapse, or lateral movement by
community shall obtain,review and rea- nate infiltration of flood waters into the providing
vler over-the-top and
frame rg meats
sonably utilize data available from other systems;and ground
Federal, State or other sources pending (6) Require within flood-prone areas shall be that (i) over-the-top ties be
-receipt of data from the Administrator. (i) new and replacement sanitary sew- provided at each of the four corners of
-However,when special flood hazard area age systems to be designed to minimize the mobile home, with two additional
designations and water surface eleva- or eliminate infiltration of flood waters ties per side at intermediate locations
tions have been furnished by the Admin- into the systems and discharges from the and mobile homes less than 50 feet long
istrator, they shall apply. The symbols systems into flood water* and (ii) on- requiring one additional tie per side; (ii)
defining such special flood hazard site waste disposal systems to be located frame ties be provided at each corner of
designations are set forth in 41914.3 of to avoid impairment to them or con- the home with five additional ties per
this subchapter. In all cases the mini- tamination from them during flooding. side at intermediate points and mobile
mum requirements governing the ade- (b) When the Administrator has des- homes less than 50 feet long requiring
iluacy of the flood plain management ignated areas of special flood hazards (A four additional ties per side; 'WI) all
-regulations for flood-prone areas adopted zones) by the publication of a commu- components of the anchoring system be
by a-particular community depend on pity's FHBM, but has neither produced capable of carrying a force of 4,800
FEDERAL REGISTER, VOL. 41, NO. 207-TUESDAY, OCTOBER 26, 1976
RULES AND REGULATIONS 46977
pounds; and (iv) any additions to the construction or improvement of the munity's FIRM and, if-appropriate, has
mobile home be similarly anchored; streets, utilities and pads equals or ex- designated-AO zones A99 zones and un-
(9) Require that an evacuation plan ceeds 50% of the value of the streets, numbered A zones on the community's
indicating alternate vehicular access and utilities and pads-before the repair, re- FWM,and has provided data from which
escape routes be tied with appropriate construction or improvement has corn- the community shall designate its regula-
Disaster Preparedness -Authorities for menced, that (1) stands or lots are ale- tory floodway,the community shall:
mobile home parks and mobile home sub- voted on compacted fill or on pilings 50 (1) Meet the requirements of pare-
divisions located within Zone A on the that the lowest floor of the mobile home £raphs (c)(1) through (c)(9) of this
community's FHBM. will be at or above the base flood level, section;
(c) When the Administrator has pro- (ii) -adequate surface drainage and ac- (2) Select and adopt a regulatory
vided a notice of final base flood ele- cess for a hauler are provided,and (iii) -floodway based on the principle that the
vations within Zones Al-30 on the com- in the instance of elevation on pilings, area chosen for the regulatory floodway
munity's FIRM and, if appropriate, has lots are large enough to permit steps,pil- must be designed to carry the waters of
designated AO zones A99 zones and un- ing foundations are placed in stable soil the base flood, without increasing the
numbered A zones on the community's no more than ten feet apart, and rein- water surface elevation of that flood more
FIRM, but has not identified a regula- forcement is provided for pilings more than=afoot at any point;
tory_floodway or coastal high hazard than six feet above the ground level; (3) Prohibit encroachments,including
area,the community shall: (6) Require for all mobile homes to be fill, new construction, substantial im-
(1) -Require the standards of para- placed within Zones Al-30 on the com- provements, and other development
graph (b) of this section'within all Al- munity's FIRM, but not into a mobile within the adopted regulatory floodway
30 zones unnumbered A_zones and AO home park or mobile home subdivision that would result in any increase in flood
Zones, on the community's FIRM; that (i) stands or lots are elevated on levels within the community during the
(2)Require that all new construction compacted fill or on pilings so that the occurrence of the base flood discharge;
and substantial improvements of resi- lowest floor of the mobile home will be (4) Prohibit the placement of any
dential structures within Zones Al-30 on at or above the base-flood level, (if) ads- mobile homes, -except in an existing
the community's FIRM have the lowest quote surface drainage and access for a, mobile home park or mobile home sub-
floor (including basement) elevated to hauler are provided, and (iii) in the in- division, within the adopted regulatory
or-above the base flood level,unless the stance of-elevation on pilings, lots are floodway.
community is granted an exception by large enough to permit steps, piling (e) When the Administrator has pro-
the Administrator for the allowance of foundations are placed in stable soil no vided a notice of final base flood eleva-
basements and/or storm cellars in ac- more than 10 feet apart, and reinforce- tions within Zones AI-30 on the com-
cordance with §1910.6(b) (3)(b) and ment is provided for piers more than six munity's FIRM and, if appropriate, has
(4); feet above ground level; designated AO zones, A99 zones and un-
(3) Require that all new construction (9) Require within any AO zone on the numbered A zones on the community's
and substantial improvements of non- community's FIRM that all new con- FIRM, and has identified on the com-
residential structures within Zones Al- struction and substantial improvements munity's FIRM Zone V1-30 (coastal high
30 on the community's firm (1) have the of residential structures have the lowest hazard area),the community shall:
lowest floor (including basement) ele- floor (including basement) elevated (1) Meet the requirements of pare-
voted to or above. the base flood level above the crown of the nearest street to graphs (c)(1) through (c)(10) of_ihis
or, (ill together with attendant utility or above the depth number specified on section;
and sanitary facilities, be designed so the community's FIRM; (2) For the purpose of the determine-
that below the base flood level the struc- (8) Require within any AO-zone on the tion of applicable flood insurance risk
ture is watertight with walls substantially community's FIRM that all new con- premium rates within Zone V1-30 on a
impermeable to the passage of water struction and substantial improvements community's FIRM, (i) obtain the eleva-
and with structural components having of nonresidential structures (i) have the tion(in relation to mean sea level) of the
the capability of resisting hydrostatic lowest floor (including basement) ale- lowest habitable floor (including base-
and hydrodynamic loads and effects of voted above the crown of the nearest ment) of all new or substantially im-
buoyancy; street to or above the depth number spec- _proved-structures, and whether or not
(4) Provide that where floodproofing ifled on the FIRM, or (ii) together with such structures contain a basement, (ii)
is utilized for a particular structure in attendant utility and sanitary facilities obtain, if the structure'has been flood-
accordance with paragraphs (c)(3) and be completely floodproofed to or above _proofed, the elevation (in relation to
(c)(8) of this section or(b)(3) of§1910: that level so that any space below that mean sea level) to which the structure
6 either (i) a registered professional en- level is watertight with walls substan- was floodproofed, and (iii) maintain a
gineer or architect shall certify that the tially impermeable to the passage of record of all such information with the
floodproofing methods are adequate to water and with structural components official designated by the community
withstand the flood depths, pressures, having the capability of resisting hydro- under§ 1909.22(a)(9)(iii);
velocities, impact and uplift forces and static and hydrodynamic loads and ef- (3) Provide that all new construction
other factors associated with the base fects of buoyancy; within Zones V1-30 on the community's
flood, and a record of such certificates (9) Require within any A99 zones on FIRM is located landward of the reach of
indicating the specific elevation (in re- a community's FIRM the standards of mean high tide;
lotion to mean sea level) to which such paragraphs (a)(1) thru (a)(4)(1) and (4) Provide (i) that all new construe-
structures are floodproofed shall be (b)(5) thru (b)(9) of this section; tion and substantial improvements within
maintained with the official designated by (10) Require until a regulatory flood- _Zones V1-30 on the community's FIRM
the community under §1909.22(a)(9) way is designated,that no new construe- are elevated on adequately anchored
(iii); or, (ID a certified copy of a local non, substantial improvements, or other pilings or columns,and securely anchored
regulation containing detailed flood- development(including-fill) shall be per- to such piles or columns so that the
proofing specifications which satisfy the mitted within Zones Al-30 on the com- lowest portion of the structural members
watertight performance standards of munity's FIRM,unless it is demonstrated of the lowest floor (excluding the pilings
paragraph (c)(3) of this section or (b) that the cumulative effect of the pro- or columns) is elevated to or above the
(3) of §1910.6 shall be submitted to the posed development,when com%fined with base flood level and (Si) that a registered
Administrator for approval; all other existing and anticipated devel- professional engineer or architect certify
(5) Require within Zones Al-30 on the opment, will not increase the water sur- that the structure is securely anchored
community's FIRM for new mobile home face elevation of the base flood more to adequately anchored pilings or
parks and mobile home subdivisions, for than one foot at any point within the columns in order to withstand velocity
expansions to existing mobile home parks community. waters and hurricane wave wash;
and mobile home subdivisions, and for (d) When the Administrator has pro- (5) Provide that all new construction
existing mobile home parks and mobile vided a notice of final base flood eleva- and substantial improvements within
home subdivisions where the repair, re- tions within Zones Al-30 on the com- Zones V1-30 on the community's FIRM
FEDERAL REGISTER, VOL. 41, NO.207-TUESDAY, OCTOBER 26, 1976
46978 RULES-AND REGULATIONS
have the spacetelow the lowest floor free (3) Require,if a proposed site and im- (a) When the Administrator has not
of obstructions or be constructed with provements are In a location that may yet identified any area within the com-
"breakaway walls" intendedto collapse have mudslide (i.e., mudflow) hazards, -munity as having special flood-related
under stress-without jeopardizing the that (i) a site investigationand further erosion hazards,but the community has
structural support of the-structure so review be made by persons qualified in indicated the presence of such-hazards by
that the impact on the structure by ab- geology and soils xnglneering, (ii) the submitting an application to participate
normally high tides or wind-driven water Proposed grading,excavations,new con- in the Program,the community shall
is minimized. Such temporarily enclosed struction,and substantial improvements (1) Require the issuance of a permit
space shall not be used for human are adequately designed and protected for all proposed construction, or other
habitation: against mudslide (i.e., mudflow) dam- development in the area of.flood-related
(6) Prohibit the use of 1111 for strut- ages, (iii) the proposed grading,excava- erosion hazard, as It is known to the
turd support of buildings within Zones tions, ementonstruction and do not aggravate the exist-- community;
(2) Require review of each permit V1-30 the hecommunity'slacem FIRM; plication to determine whether the ap-
(7) Prohibit xep the placement it mobile ing hazard by creating nces, either or
pro-
homes, except in existing mobile home disturbances, and (ivain drainage, posed site alterations and ementa
parks and mobile home subdivisions, planting, watering, and maintenance be will be reasonably safe from flood-related
within Zones V1-30 on the community's such as not to endanger slope stability. erosion and will not cause flood-related
(b) When the Administrator has de- erosion hazards or otherwise aggravate
FIRM;
(8)-Prohibit man-made alteration of l�M�, the community shall:community's the existing flood-related erosion hazard:
sand dunes and mangrove stands within
tones V1-30 on the community's FIRM (1) Meet the requirements of pars- (3) If a proposed improvement is
-which would increase potential flood graph (a) of this section; and nd to or be
in the path
theof
flo rel hazard,
damage. (2) Adopt and enforce a grading ordi- require erosion the increase improvement to erosionrelocatedard,
g 1910.4 Mood plain management eri- nonce or regulation in accordance with or adequate prtveme to be eres to be
ratio for-mudslide (i.e., mudflow)- data supplied by the Administrator taken which-will not aggravate the exist-
prone areas. foundation systems and utility systems ing erosion hazard.
The Administrator will provide the of new construction and substantial In- (b) When the Administrator has de-
data upon which flood plain manage- provements, (ii) regulates the location, lienated Zone E on the community's
ment regulations shall be based. If the drainage and maintenance of all excava- FIRM,the community shall
Administrator has not provided suf- tions, cuts and fills and planted slopes, (1) Meet the requirements of paFa-
ficient data to furnish a basis for these (iii) provides special requirements for graph (a) of this section; and
regulations in a particular community, protective measures including but not (2) Require
a setback
m t ae k fa�all l new de-
bay
the community shall obtain,review, and necessarily limited to retaining walls, velopment
frreasonably utilize data available from buttress fills, sub-drains, diverter riverfront or other body if water, to
other Federal, State or other sources terraces, benchings, etc., and (iv) re- create a safety buffer consisting of a
pending receipt of data from the Admin- quires engineering drawings and specifl- natural vegetative or contour strip.This
Jstaor. However, when special mud- cation to be submitted for all corrective buffer will be designated by the Admit-
slide (i.e., mudflow) hazard area des- measures, accompanied by supporting istrator according to the flood-related
ignations have been furnished by the soils engineering and geology reports. erosion hazard and erosion rate,in con-
Administrator, they shall apply. The Guidance may be obtained from the pro- Junction with the anticipated "useful
-symbols defining such special mudslide visions of the 1973 edition and any sub- life" of structures, and depending upon
(i.e., mudflow) hazard designations are Sequent edition of the Uniform Building the geologic,hydrologic,topographic and
set forth in 11914.3 of this subchapter. Code, sections 7001 through 7006, and climatic characteristics of the corn-
-In all eases, the minimum requirements 7008 through 7015.The Uniform-Building mutiny's land. The buffer may be used
for mudslide (i.e.,mudflow)-prone areas Code is published by the International for suitable open space purposes, such
adopted by a particular community de- Conference of Building Officials, 50 as for agricultural, forestry, outdoor
pend on the amount of technical data South Los Robles,-Pasadena, California recreation and wildlife habitat areas,
91101. and for other activities using temporary
provided to the community m st by the or and portable structures only.
ministrator. Minimum standards for § 1910.5 Flood plain management erE-
ommunities are as follows: teria for flood-related erosion-prone § 1910.6 Variances and exceptions.
(a) When the Administrator has not areas. (a) The Administrator does not set
yet identified any area within the com-
munity as an area having special mud- The Administrator will provide the forth absolute criteria for granting varf-
slide (i.e., mudflow) hazards, but the data upon which flood plain management ances from the criteria set forth in
community has indicated the presence regulations for flood-related erosion- 11 1910.3,1910.4,and 3910.5.The issuance
of such hazards by submitting an appli- prone areas shall be based. If the Ad- of a variance is for flood plain manage-
cation to participate n has not provided the Program,the data to furnish a basis for these reegulat rates are determined by statute ac ordi g
community shall
(ll Require permits for all proposed tions in a particular community, the to actuarial risk and will not be modified
construction or other development in the community shall obtain,review,and rea- by the granting of a variance.The corn-
community so that it may determine sonably utilize data available from other munity, alter examining the applicant's
whether development is proposed within Federeceipt(, Sof data
or from hr the rces, pending hardships shall approve or Admiinistra- request.While the granting of variances
rove a
mudslide (i.e.,mudflow)-prone areas; or. However, when special flood-related generally is limited to a lot size less than
(2) Require rms of each h ao-
-posadosi determine whether the pro- erosionhazard ary ea Administrator
have ( )one-half2) of acre (as set forth deviations lo fro
reasonably site and improvementsi will be shallfaplyeThe symbols idefinng such that2lmitationsmay o)ccur.. However, as
reasonably sale from mudslides (i.e., special flood-related erosion hazard des- the lot size increases beyond one-half
mudflow-). Factors to be considered in ignations are set forth in 11914.3 of this acre,the technical justification required
making such a determination should in- subchapter.In all cases the minimum re- for issuing a variance increases.-The Ad-
dude but not be limited to (ll the type quirements governing the adequacy of ministrator may review a community's
t s and dquality of soils, (iaf) any evidence a of the flood plain for flood-related a erosion-prone regulations
aareas ances,gand ifithatr eviewthe ranting of veil-
indicates a pat-
ground water or surface water problems, adopted by a particular community de- tern inconsistent with the objectives of
(1111 the depth and quality of any-fill, Pend on the amount of technical data flood plain(iv) the overall slope of the site, and provided to the community by the Ad- sound otrood may management,a eriate the Ad-
(v) the weight that any Proposed strut- ministrator. Minimum standards for
tion
-ture will impose on the slope; communities are as follows: under I 1909.24(b) of this subchapter.
FEDERAL REGISTER. VOL. 91, NO. 207-TUESDAY, OCTOBER 26, 1976
RULES AND REGULATIONS 46979
Variances may be issued by a community sequentLl', a community proposing the that the integrity of the main structure
during time of flooding is maintained.
for the reconstruction, rehabilitation or adoption of flood plain management reg-
Revisions of criteria for flood
restoration of structures listed on the Na- ulations which vary from the standards § 1910.7 n tional Register of Historic Places or a set forth in II 1910.3, 1910.4, or 11910.5, Frplainfma managementto ti Peg latio1910 s.m be
State Inventory of Historic Places,with- shall explain.in writing to the Adminis- revised as experience is acquired
out regard to the procedures set forth in trator the nature and extent of and the the Program and new information under
e-
of this-Section.Procedures for the granting reasons for the exception request and comes available. Communities will be
be-
of variances by $ community are as shalllows: nomic, environmental, opograpnclude sufficient thiic, hy- given six months from the effective date
ng eco-
fO1
(1) Variances shall desgn issued by a nical a and other scientific awith-respect
tech-
community of any new regulation to revise their
flood plain management regulations to
within any designateddnregula--floo impact
al data, and data safety
and
tovi the comply with any such changes.
tory uring if any b increase in -flood impact on public Safety and the environ-
wouls during the base flood discharge ment.
would result; (2) The Administrator shall prepares § The definitions Dr set f
The set forth in Part 1909 of
( Variances new on be act by a com- eal -Environmental' Clearance o this subchapter are applicable to this
munity tia for new construction tobe andt on sub- determine pt whether paragraph
(1)for_an
Part.
statist improvements o be erected on a exception under paragraph (b) of
lot of one-half acre or less in size con- this_section will have significant impact
tiguous existing st and rut structures constructed below the whether an (i)nvironment.Environment l Impact decision Subpart
Management-Regulations
basebase flood level,in conformance with the Statement (EIS) or (iii-a Finding of In- § 1910.11 Purpose of this subpart.
procedures of paragraphs(a)(3),(4),(5) by pthe Environmentaity is l required
Clearance made (a) A State is considered a and (6) f this section; nity" pursuant to § 1909.1 of this"commu-
(3) Sub-
po shall only be issued by a of the iAs istan office with the approval chapter; and, accordingly, the Act pro-
and sufficient (ll aI a showing of-good ofnity the i at Secretary for Comma- vides that flood insurance_shall not be
cause,n (ii) a ianc -determination wou review Planning and Development basedbn sold or renewed under the Program that failure inex to-grant exceptional-hardship
ship cheap-d mental-Quality
by the Director,Office or l Environ- less a community has adopted adequate
un-
result , and (iii) tothep ofa determination that (Assistant dAdmi General Law)Counsel for_Fi in accord with with sistent with criteria established by the
sue granting of avarianceflod will h ,not-re-
addi- HUD Handbook s 1 90..11 38g ''Rr19182, Administrator.
silt in increased flood heights, (b) This subpart sets forth the flood
tional threats bli to public n , _create
extraor-nut 19186), andaProcedul s fares,Respond lain management criteria required for
State-owned properties located within
Sfnsry public expense, Create nuts- sibilities and Procedures for Protection special hazard areas by the
antes, c fraud on or nfzn o ol and "-Enhancement which
h of Eimplements the National Administrator.cialza A State identified shn -satisfy such
the public,r or conflict with existing local QualityEnvironmental Policy Act of 1969National
criteits as a condition to the-purchase h
laws or ordinances;
f
e Variances shall onlyvariance
issued s the L. ins for HUD programs, and _a-Standard Flood Insurance Policy for
minimum
mfnaton that the i Ls the mental of the Council on Et 15 0). s State-owned structure or its contents,
m necessary, considering the Ninety l or more r days ma(40 y be required for or as a condition to the approvalby the
flood hazard, to afford l of; Administrator, pursuant to Part 1925 of
(5) A community shall notify the ap- -an environmental quality verance if the this subchapter, of its plan of self-
alic m in ity writing over the signature uof- -proposed exception m have significant insurance.
a community official that (i)ru the rut- impact oneq the human -environment §1910.12 Flood plain management ed-
ture a the construct a struc- thereby accordagnce
on EIS.
suit below the base Budd level will re- (3) In with paragraph (b) special-hazarde c areased properties in
suit anc inincreased to premium as for flood 5 r pf thisplain
section, a community may
insurance up to amounts high as $25 propose flood Plai management regale- (a) The State shall comply with the
for $100 of insurance coverage and (fl) tions which adopt standards for base- minimum flood plain management tin-
such construction below the base flood ments below the base flood level. The terra set forth in 14 1910.3. 1910.4, and
level increases risks to life and property. Administrator may approve the proposal 1910.5.A State either shall:
Such notification shall be-maintained when the basements are to be_designed (1) Comply with the flood plain man-
with a-record of all variance actions as so that below the base flood level the ag(1) requirements of all local com-
required in paragraph (a) (6) of this structure is watertight (i.e., completely inanities participating in the program in
section; and dry without human intervention during which -State-owned properties are lo-
(6) ALommunity shall (1) maintain a flooding) with walls impermeable to the toted;or
recordaf all variance actions, including passage of water and structural com- (2) Establish and enforce flood plain
Justlflcatlon for their issuance, and (11) monenis-with the capability to resist hy- management regulations which, at -a
report such variances issued in its annual drostatic and hydrodynamic loads and minimum, satisfy the criteria set forth
report submitted to the Administrator. effects of buoyancy. in§1 1910.3,1910.4.and 1910.5.
(b)(1) The requirement that each (4) In accordance with paragraph (b) (b) The procedures by which a state
flood-prone, mudslide (i.e., mudflow)- (1) of this section,-a community may gin n management entadopts and regulations satisfyinginisters
od
-prone, and flood-related erosion prone propose-flood plain management regula-
community must-adopt andsubmit ade- tions to permit storm cellars below the the criteria set forth in §t 1910.3, 1910.4
quote flood plain management regula- base flood level.-The Administrator may and 1910.5 may vary from the procedures
tions-as a condition of initial and con- approve the proposal for storm cellars(as by which local governments satisfy the
Untied flood insurance eligibility is state- defined
incomm9.1 co this mmunity demonstrated ubcha ) criteria.) If any 3tatemwned property is lo-
ulations rry and cannot beoptd waived,and suchcommunity reg- an historical-need for storm cellars as Gated in a non-participating local com-
within shall time adopted by a _ shall comply
the 0.4 periods specifiedHwe in Lur•rences of eans of severer tornado_or similar the m requirements rem nts ofoparagraph (a)
(2)
h
cq ain ce do or 4 he However.
certain exceptions from the standards -wind storm-activities in the area and of this section for the_property.
contained in this subpart may be per- based upon a community's Administrator acknowledge- § 1910.13 Noncompliance.
mitted where the recog- ment Shat (ll all new storm cellars shall
nisei'that,because of extraordinary cir- be limited to nonhabitable uses, (Ii) all if a State fails to submit adequate
cumstaces,local conditions may render electrical,heating and other mechanical flood plain-management regulations ap-
the efor application of certain standards the equilevel ornt shall all new storm cellars;base (lil)flood suantle to State-owned properties to 1910.12-within six=oaths equit for severe hardship larcommunity.
a in-
equity for a particular Con- the design of storm cellars shall assure the effective-date of this regulation, or
FEDERAL REGISTER, VOL. 41, NO. 207—TUESDAY,'OCTOBER 26, 1976
46980 RULES AND REGULATIONS
falls to adequately enforce such regu- (5) Encouragement of floodprooflng insurance pursuant to 4 1909.22 of this
lations,the State shall be subject to sus- -to-reduce flood damage; subchapter that they have mudslide(i.e.,
-pensive action pursuant to 41909.24. (6) Flood warning and emergency mudflow) areas, should include—
Where the State falls to adequately en- preparedness plans; (a) The existence and extent of the
force its-flood plain management-regu- (7) Provision for alternative vehicu- hazard;
lotions, the Administrator shall conduct lar access and escape routes when normal (b) The_potential effects of inappro-
a hearing before initiating such suspen- routes are blocked or destroyed by priate hillside development, including
sive action. hooding; (I) Loss of life and personal injuries,
Subpart C—Additional Considerations in (8) Establishment of minimum flood- and
Managing Flood-Prone, -Mudslide (i.e., goofing and access requirements for (2)-Public and private property losses,
mudflow)-Prone and Flood-Related Ero- schools, hospitals, nursing homes, or- costs, liabilities, and exposures resulting
sion-Prone Areas Dhanages, penal institutions, -fire sta- from potential mudslide (i.e., mudflow)
tions, police stations, communications hazards;
§1910.21 Purpose of this subpart. centers, water and sewage pumping sta- (c) The means of avoiding the hazard
The purpose of this subpart is to en- bons, and other public or
quasi-public d which is the (1) idelli.e,ity of land
courage the formation and adoption of facilities already located in the flood- which is not mudslide (i.e., mudflow)-
overall comprehensive manayernent prone area., to enable them to withstand prone and the feasibility of developing
plans for flood-prone, mudslide (i.e., flood damage, and to facilitate emer- such land instead of further encroaching
mudflow)-prone and flood-related ero- gency operations; upon mudslide (i.e.,mudflow) areas, (2)
lion-prone areas. While adoption by a (9) Improvement of local drainage to possibility of public acquisition of land,
community of the standards in this sub- control increased runoff that might in- easements, and development rights to
part is not mandatory, the community crease the danger of flooding to other assure the proper development of hill-
shall completely evaluate these stand- Properties; -sides, and (3) advisability of preserving
ards. (10) Coordination of plans with neigh- mudslide (i.e., mudflow) areas as open
-§1910.22 Planning considerations for boring community's flood plain manage- space;
mood-prone areas. ment programs; (d) The means of adjusting to the
(11) The requirement that all new hazard, including the (1) establishment
(a) The flood plain management reg- construction and substantial Improve- by ordinance of site exploration, inves-
ulations adopted by a community for ments in areas subject to subsidence be Oration, design, grading, construction,
flood-prone areas should: elevated above the base flood level equal
(1) -Permit only that development of -to expected subsidence for at least a ten filing,compacting,foundation,sewerage,inPec
flood-prone areas which (f) is.appropri- year period; drainage, subdrainage,maintenance planting,stan is ape d
ate in light of the probability of flood (12) For riverine areas,requiring sub- Won and standards and
damage and the need to reduce flood _dividers to furnish delineations for flood- requirements that promote proper land
losses, fill is an acceptable social and ways before approving a subdivision; use, and (2) provision for proper drain-
economic use of the land in relation to (13) Prohibition of any alteration or age and subdrainage on public property
the hazards involved, and (iii) does not relocation of a watercourse, except as and the location of public utilities and
increase the danger to human life; part of an overall drainage basin plan. service facilities, such as sewer, water,
(2) Prohibit nonessential or improper In the event of an overall drainage basin gas and electrical systems and streets in
re
installation of public utilities and public a manner designed to minimize exposure
facilities in flood-prone areas. plan, provide that the flood carrying ca- to mudslide (i.e., mudflow) hazards and
(b) In formulating community devel- parity within the altered or relocated prevent their aggravation;
portion of the watercourse is maintained;
opment goals after the occurrence of a (14) Requirement of setbacks for new (e) Coordination of land use, sewer,
flood disaster, each community shall construction within Zones V1-30 on a and drainage regulations and ordinances
consider— community's FIRM; with fire prevention, flood plain, mud-
(1) Preservation of the flood-prone (15) Requirement of additional ele- slide (i.e., mudflow), soil, land, and
areas for open space purposes; vation above the base flood level for all water regulation in neighboring corn-
(2) Relocation of occupants away new construction and substantial im- munities;
from flood-prone areas: provements within Zones Al-30 and VI- (f) Planning subdivisions and other
(3) Acquisition of land or land devel- 30 on the community's FIRM to protect developments in such a manner as to
opment rights for public purposes con- against such occurrences as wave wash avoid exposure to mudslide (i,e., mud-
sistent with a policy of minimization of and floating debris, to provide an added flow) hazards and the control of public
future property losses; margin of safety against floods having facility and utility extension to dis-
(4) Acquisition of frequently flood- a magnitude greater than the base flood, courage inappropriate development;
damaged structures; or to compensate for future urban (g) Public facility location and design
(c) In formulating community devel- _development; requirements with higher site stability
opment goals and in adopting flood plain (16) Requirement of consistency be- and access standards for schools, has-
management regulations, each commu- tween state, regional and local compre- pitals, nursing homes, orphanages, cor-
nity shall consider at least the following hensive plans and flood plain manage- rectional and other residential institu-
factors— ment programs; tions, fire and police stations, communi-
(1) Human safety; (17) Requirement of pilings or col- cation centers, electric power trans-
(2) Diversion of development to areas umns rather than fill, for the elevation formers and substations. water and
safe from flooding in light of the need of structures within flood-prone areas, sewer pumping stations and any other
to reduce flood damages and In light of in order to maintain the storage capacity public or quasi-public institutions lo-
the need to prevent environmentally in- of the flood plain and to minimize the cated in the mudslide (i.e.. mudflow)
compatible flood plain use: potential for negative impacts to semi- area to enable them to withstand mud-
(3) Full discldsure to all prospective tive ecological areas; slide (i.e., mudflow) damage and to
and interested parties (including but not (18) Prohibition, within any fioodway facilitate emergency operations; and
limited to purchasers and renters) that or coastal high hazard area,of plants or (h) Provision for emergencies, in-
(U certain structures are located within facilities in which hazardous sub- eluding (I) warning, evacuation, abate-
-flood-prone areas, (ii) variances have stances are manufactured. -ment,and access procedures in the event
been granted for certain structures lo- of mudslide (I.e., mudflow), (2) enact-
cated within flood-prone areas,and (Ili) § 1910.23 Planning consideration for ment of public measures and initiation
premium rates applied to new structures -mudslide (i.e., mudflow)-prone of private procedures to limit danger
built at elevations below the base flood areas. and damage from continued or future
substantially increase as the elevation The planning process for communities mudslides (i.e., mudflow), (3) fire-pre-
-decreases; identified under Part 1915 of this sub- vention procedures in the event of the
(4) Adverse effects of flood plain de- chapter as containing Zone M, or which rupture of gas or electrical distribution
velopment on existing development; indicate in their applications for flood systems by mudslides, (4) provisions to
FEDERAL-REGISTER, VOL. 41, NO. 207—TUESDAY, OCTOBER 26, 1976
RULES AND REGULATIONS 46981
avoid contamination of water conduits sistent with those established in this administration
of
arises o lain ain m age-
e-
or deterioration of slope stability by the Part; meni regulations
rupture of such systems, (5) similar pro- (6) Guiding and assisting municipal munities.
visions for sewers-which in the event of and county public bodies and agencies (b)-For States whose flood plain,mud-
rupture pose both health and site sta- in developing flood plain,mudslide (i.e., slide (i.e., mudflow) area and flood-re-
bility hazards and (6)-provisions for al- mudflow) and flood-related erosion area lated erosion area management program
ternative vehicular access and escape management plans and flood plain man- bsta substantially
n encompass
ps) this Section,
coma( the
activities de-
routes when normal-routes are blocked agement regulations;
or destroyed by mudslides (i.e., mud- (7) Recommending priorities for rate- the Administrator shall:
flow); making studies among those communities (1) Give special consideration to State
(i) The means for assuring consistency of the State which qualify for such priority recommendations before select-
between state, areawide, and local com- studies; ing communities for ratemaking studies
prehensive plans with the plans devel- (8) Communicating-flood plain, mud- from the register described in 4 1909.23
oped for mudslide (i.e., mudflow)-prone slide (i.e., mudflow) and flood-related of this subchapter;
areas: erosion area information to local govern- (2) Accept State approved and cer-
(j) Deterring the nonessential instal- ments and to the general public; tined local flood plain management reg-
lation of public utilities and public (9) Participating in flood, mudslide ulations as meeting the requirements of
facilities in mudslide (i.e., mudflow)- (i.e.,mudflow) and flood-related erosion this Part.
prone areas. warning and emergency preparedness § 1910.26 Local coordination.
programs;
§1910.24 Planning considerations for (10) Assisting communities in dis- (a) Local flood plain, mudslide (i.e.,
flood-related erosion-prone areas. seminating information on minimum mudflow) and flood-related erosion area
The planning process for communities elevations for structures permitted in management, forecasting, emergency
identified under Part 1915 of this sub- flood plain areas having special hazards, Preparedness, and damage abatement
chapter as containing Zone-E or which and in disseminating other information Programs
Fshould
e ads be
State, nd coordinated with
indicate In their applications for flood relating to mudslide (i.e., mudflow) and
ional
insurance coverage pursuant to 4 1909.22 flood-related erosion areas having special Program community adopting flood plain
ms;
of this subchapter that they have flood- hazards; management regulations pursuant to
related erosion areas should include— (11) Advising public and private agen- these vent should coordinate to
(a) The importance of�llrecting future ties (particularly those whose activities the to promote
-developments to areas not exposed to or projects might obstruct drainage or ue appropriate acceptance Stateand agency c of effective
flood-related erosion; the flow of rivers or streams or increase Public
plain,mudslide, (i.e.,use of mudflow) and
(b) The possibility of reserving flood- slope instability) on the avoidance of un- floflood-related erosion regulations;
-related erosion-prone areas for open necessary aggravation of flood,mudslide
space purposes; (i.e., mudflow) and flood-related erosion (c) A community should notify ad-
(c) The coordination of all planning hazards; jacent communities prior to subst.ntial
for the flood-related erosion-prone areas (12) Requiring that proposed uses of commercial developments and large sub-
with planning at the-State and Regional flood plain,mudslide (i.e.,mudflow) and -divisions to be undertaken in areas hay-
levels, and with planning at the level of flood related erosion areas conform to ing special flood, mudslide (i.e., mud-
neighboring communities; standards established by-State environ- -flow) and/or flood-related erosion haz-
(d) Preventive action in E zones, in- mental and water pollution control agen- ards.
chiding setbacks,shore protection works, ties to assure that proper safeguards are
relocating structures in the path of flood- being provided to prevent pollution dur- PART 1911—INSURANCE COVERAGE AN0
related erosion, and community acquisi- ing periods of flooding; RATES
tion of flood-related erosion-prone prop- (13) Providing local communities with 1e11.1 Purpose of Pert.
erties for public purposes; information on the Program, with par- 1911.2 Pur c'sit f
(e) Consistency of plans for flood- Ocular emphasis on the coordination of 1911.3 Types of coverage.
related erosion-prone areas witlfcompre- State and Federal requirements pertain- 1911.4 Limitations on coverage.
hensive plans at the state, regional and mg to the management of flood-prone, 1911.5 special terms and conditions.
local levels. mudslide (i.e., mudflow)-prone, and 1911.6 Maximum amounts of coverage
-flood-related erosion-prone areas; available.
§ 1910.25 State coordination. (14) Assuring coordination and con- 1911.7 Risk premium rate determinations.
(a) State participation in furthering siatency of flood plain management and 1911.8 Applicability of risk premium
the objectives of this part should in- rates.
planning with comprehensive planning 1911.8' Establishment of chargeable rates.
elude: at the state,areawide and local levels; 1911.10 Minimum premiums.
(1)-Encouraging and assisting commu- (15) Amending state recording acts so 1911.11 Adding-coverage while policy Is in
nities in qualifying for participation in that the following may be recorded for force.
the Program; the public's knowledge: (I) a parcel of 1911.12 Rates based on a flood protection
(2) Enacting where necessary,legisla- land and/or a structure is located within system involving Federal funds.
tion to enable counties and municipals- a flood-prone, mudslide (i.e., mudflow) Auraoarrv: Sec. 7(d), 79 Stat. 670; 42
ties to regulate flood,mudslide(i.e.,mud- and/or flood-related erosion prone area U.S.C. 3535(5); Sec. 1306. 82 stat. 575; 42
flow) and flood-related erosion area de- and (ii) a variance has been granted for U.S.C,4013.
velopment; building at an elevation below the base § 1911.1 Purpose of fart.
(3) Designating an agency of the State flood level.thereby resulting in increased
government to be responsible for coordi- rates for flood insurance under This Part describes the types of prop-
premium nating Federal,State, and local aspects the Program- erties eligible for flood insurance cover-
of flood plain, mudslide (i.e., mudflow) (16) Assuring coordination between its suche under
cover gee and the Program,
premium limits
rates
area end flood-related ind erosion eState;area man- state Coordinating Agency and any State
Bement activities isting in the office established to supervise state par- specific o be paid li insureds. ver-
(4) Assisting in the areas,
of specific communities eligible for cover-
ffiood-related erosion areas, mudslide tlsipation in the Coastal Zone Manage- age are designated by the Administrator
(i.e.,mudflow) areas,riverine floodways, meet Program; from time to time as applications are
and coastal high hazard areas,and pro- (17) Providing notification to the Ad- approved under the emergency program
viding all relevant technical data to the ministrator in the event a participating and as ratemaking studies of communi-
Administrator; community violates the Program's re- ties are completed prior to the regular
(5) Establishing minimum State flood quirements; program. Lists of such communities are
plain.mudslide(Le.,mudflow) and related erosion regulatory standards con-o (18) Assuring
theeve t a disputepublished under Part 1914
over enactment and of this subchapter.
FEDERAL REGISTER, VOL. 41, NO. 207—TUESDAY, OCTOBER 26, 1916
46982 RULES AND REGULATIONS
§1911.2 Definitions. (d) The policy protects against loss to ment (other than motorized equipment
The definitions set forth in Part 1909 contents only at the location descaibed in pertaining to the service of the premises
of this subchapter are applicable to this the application, except that contents and not licensed for highway use),trail-
Part necessarily removed from the premises era on wheels,watercraft including their
for preservation from a flood are pro- furnishings and equipment; or business
§ 1911.3 Types of coverage. tected against loss or damage from flood property.
Insurance coverage under the Program at the new location pro rata for a period (h) The following property and con-
is available for structures and their con- of 30 days. tents for nonresidential structures are
tents. -Coverage for each may be pur- § 1911.5 Special terms and enndilion-. not insurable under the Program:
chased separately. One policy to provide (1) Accounts, bills, currency, deeds,
_insurance for more than one structure (a) No new flood insurance or renewal evidence of debt, money, securities, bul-
is not available under the Program. of flood insurance policies shall be written lion, manuscripts or other valuable
for properties declared by a duly con- papers or records, and coins or stamps;
§ 1911.4 Limitations on coverage. stituted State or local zoning or other (2) Fences, retaining walls, seawalls,
(a) All flood insurance made available authority to be in violation of any flood outdoor swimming pools, bulkheads,
under the Program is subject: plain, mudslide (i.e. mudflow) or flood- wharves,piers,bridges,:docks;other open
(1) To the Act, the Amendments related erosion area management or con- structures located on or partially over
thereto, and the Regulations issued un- trol law, regulation, or ordinance, water; personal property in the open;
der the Act; (b) In order to reduce the administra- (3) Land values, lawns, trees, shrubs
(2) To the terms and conditions of the tive costs of the Program, of which the or plants, growing crops, or livestock;
/Standard/Flood Insurance-Policy, which Federal-Government pays a major share, underground structures or underground
shall be approved by the Administrator Payment of the full policyholder premium equipment, and those portions of walks,
for substance and form,and is subject to must be made at the time of application, driveways and other paved or poured Mr'
interpretation by the Administrator as to (c) Because of the seasonal nature of faces outside the foundation walls of
scope of coverage pursuant to the ap- flooding,refunds of premiums upon can- the structures;
plleable statutes and regulations; cellation of coverage by the insured are (4) Automobiles including parts and
(3) To the specified limits of coverage Permitted only on the termination of an equipment, any self-propelled vehicle or
set forth In the Application and Dec- ownership interest in the covered prop- machine,except motorized equipment not
larations page of the policy; and erty at the location described in the licensed for use on public thoroughfares
(4) To the maximum limits of coverage policy. Refunds of premiums for any and operated principally on the premises
set forth in§1911.6. other reason are subject to the conditions of the insured; watercraft or aircraft.
(b) Insurance under the Program is set forth in §1912.5 of this subchapter. (D The policy on an eligible property
available only for loss due to flood,as de- (d) Each loss sustained by the insured may be cancelled by the insurer only for
fined 1n §1909.1 of this subchapter. The is subject to a deductible provision under nonpayment of premium. However, any
policy covers damage from a general con- which the insured bears a portion of the willful misrepresentation or concealment
dition of flooding in the area which re- loss before payment is made under the of any material fact by-the insured at
sults from other than-natural causes, policy. The amount of the deductible for any time voids the entire policy as of the
such as the breaking of a dam,but does each loss occurrence is (1) for structural date the wrongful act was committed,
not cover damage which results from losses,$200 or 2 percent of the amount of but does not affect coverage prior to the
causes on the insured's own property or the loss applicable to the structure, date of the wrongful act.
within his control or from any condition whichever is greater,and(2) for contents (j) She Standard Flood Insurance
which causes damage, which condition losses,$200 or 2 percent of the amount of Policy is authorized only under terms and
is substantially confined to the lnsured's the loss applicable to the contents, conditions established by Federal statute,
premises or properties immediately ad- whichever is greater. the Program's regulations, the Adminis-
jacent thereto. (e) Payment for a loss under the policy trator's interpretations and the express
(c) The policy does not cover losses does not reduce the amount of insurance terms of the policy itself. Accordingly,
from rain, snow, sleet, hail, or water applicable to any other loss during the representations regarding the extent and
spray that do not result in a general con- Policy term which arises out of a sepa- scope of coverage which are not consist-
dition of flooding. It covers losses front rate flood occurrence,but all losses arts- ent with the National Flood Insurance
freezing or thawing, or from the pres- ing out of a continuous or protracted oc- Act of 1968, as amended, or the Pro-
sure of weight of ice and water, only currence are deemed to have arisen out gram's vregulations, are void. The duly
where they occur simultaneously with of a single occurrence. licensed property or casualty agent is
and as a part of flood damage. It covers (f) The insured may apply an amount considered a producer for the insured
losses from mudslide (i.e.,mudflow) but not to exceed 10 percent of the limit of and does not act as agent for the Fed-
does not cover damage from landslides liability for structural coverage on rest- eral Government, the Association or the
or from earthquakes or similar earth dentfal property to appurtenant strut- Servicing Company, except that in any
movements which are volcanic or tee- tures and outbuildings (such as carports, case where a claimant shall establish
tonic in origin.The policy does not cover garages,and guest o uses). and con- that the absence of coverage for a loss
erosion which is not flood-related,claimsf sustained by him resulted solely from
resulting from occurrences already in tents for residential structures are not the producer's negligent or fraudulent
insurable under the Program: failure to transmit to the servicing com-
of the term
the theti policy,e oi the losses ud (1) Accounts, bills, currency, deeds, pany the insurance premium paid sea-
bybf the term of er than losses caused evidence of debt, money, securities, bul- sonably and in the appropriate amount
(see land slippage rather mudslide lion, manuscripts or other valuable bto 9.10 i sofubchapter)
chapter)- Damagedflow in by the claimant may, such producer,toprevent the
§ of this subchapter). Damage by Papers a records,r et andw coins or stamps; an inequity,
in order N to
seepage and sewer backup may be cov-
ered only when directly resulting from a outdoor swimming pools, bulkheads, Insurers Association to pay the loss the
flooding situation. Abnormal erosion wharves,piers,bridges,docks;other open same as though such premium had in
caused by high water levels accompanied structures located on or partially-over fact been received by it in return for an
by violent wave action along a lake or water; or personal property in the open; assignment by the claimant of all of his
other body of water is considered a flood (3) Land values, lawns, trees, shrubs rights against the producer.
(see definition of flood-related erosion or plants, -growing crops, or livestock;
in § 1909.1 of this subchapter).However, underground structures or underground § 1911.6 Maximum amounts of coverage
there is no coverage where normal, con- equipment, and those portions of walks, available.
tinuots wave action, accompanied by driveways and other paved or poured our- (a) Except in Alaska,Hawaii,the erosion or the gradual and anticipated Vir-
faces outside the foundation walls of the gin Islands, and Guam, the maximum
structurn; limits of coverage of the policy under
wearing away of the land is the proxf- (4) Animals, birds, fish, aircraft, mo- limits of coverage of the policy under
mate cause of property damage. tor vehicles including parts and equip- the regular program are the following,
FEDERAL REGISTER, VOL. 41, NO. 207—TUESDAY, OCTOBER 26, 1976
RULES AND REGULATIONS 46983'
and tinder the emergency program are §1911.8 Applicability of risk premium (b) The coverage or ap al premium
eonr thead-the following: rates. di
(1) For structures used for residential Risk premium rates are applicable to
purposes, designed for the occupancy of pro rata in accordance with the rates
currently in force,with a minimum pre-
(a)single family (including townhouses eord (a) Any structure,the construction or mium of 14.
row houses), and customarily regarded substantial improvement of which was (c) The effective dateand time of any
as separate structures which are either started after December 31, 1974 or on or new or added coverage, or oP any separatedin-
from other structures by after the effective date of the initial crease in the amount of coverage, shall
standard structural
or open space: FIRM,whichever is later. be 12:Oltun (standard time) of the 16th
(D $70,000 structural coverage. (b) Coverage-which exceeds the fol- calendar day after the date of the ap-
may(ii) $20,000 contents coverage, which lowing limits: placation,provided that this waiting pe-
tenbe purchased by the owner or the (1) For dwelling properties in States rind is waived during the 30 day period
tenant. other than Alaska,Hawaii,the Virgin Is- following both the date of initial com-
(2) an on Ming properties containing lands, and Guam (i) $35,000 aggregate munity eligibility in the emergency and
more than one dwelling unit: liability for airy property containing only regular programs.
(U $200,000 aggregate structural coy- one unit, (li) $100,000 for any property
erage/ containing more than one unit,and (ill) §1911.12 Rates based on a flood protee-
(ii) $20,000 aggregate per unit con- $10,000 liability per unit for any contents tion system involving Federal funds.
-tents coverage. related to such unit. (a) Where the Administrator deter-
(b) In Alaska,-Hawaii, the Virgin Is- (2) For dwelling properties in Alaska, mines that a community has made tide-
lands,and Guam the maximum limits of Hawaii, the Virgin Islands, and Guam quote progress on the-construction of a
coverage under the regular programare (i) $50,000 aggregate liability for any flood protection system involving fed-
the following, and under the emergency property containing only one unit, (it) eral funds which will significantly limit
program-are one-half the following: $150,000 for property containing mere the area ofspecial flood hazards,the ap-
(1) For structures used for residential than one unit,and (iii) $10,000aggregate plicable risk premium rates for-any prop-
liability designed for the occupancy of liability per unit for anyxontents related arty, located-withina special flood haz-
e single family (including townhouses or to such unit. and area intended to be protected di-
row houses), and customarily regarded (3) For all other properties(i) $100,000 redly by such system-will be those risk
as separate structures which are-either for the structure and (ii' $100,000 Yor premium rates which would be appli-
separated from other structures by contents of any such unit. cable when-the system is complete.
standard flrewalls or-open space: (c) Any structure or the contents (b) Adequate progress in paragraph
(i) $100,000$2 structural coverage thereof for which the chargeable rates (a) of this section means that the com-
(lU $20,000 contents coverage, which prescribed by this Part would exceed munity has provided information-to the
may be purchased by the owner or the the risk premium-rates. Administrator sufficient to determine
tenant.
(2) For dwelling properties containing § 1911.9 Establishmentof chargeable protect on system hasbeen the effected
more than one dwelling unit: rates.
(g 5300.000aggregate structural cov- because:
(a) Pursuant to section 1308 of the Act, (1) 100_percent of the total-financial
erage. chargeable insurance rates per year per $100 follows of project cost of-the completed flood pro-
(fl) $20,000 contents coverage for each hood are established as tection system has been authorized:
unit, -which may be purchased by the for all areas designated by the Adminis- (2) At least 60 percent of the total
owner or-he tenant; trator under Part 1914 of this subchapter financial-project cost of the completed
(c) The maximum limits of coverage for the offering of flood insurance: flood protection system has been fed
an-
of the policy forall=m other properties un- to rioted;
der the regular programare the follow- Rates for ueu+and renewal policiesp (3) At least 50 pereent of the total
ing, and under the emergency program — ---- --are one=helflhe following: per xate Rate per financial project cost of the completed
year per y�per -flood protection system has been ex-
(1) $200,000-aggregate structural coy- Tyre of structure into it00 pended;
erage for any single structure, vetou• coverage (4) The flood protection system's
(2) $200,000 contents coverage for each en os
snuctn o content= _physical features are underaonstructlon
_unit, which may be purchased by the —) -- -- -- — and 50 percent completed as measured
owner or the tenant. (2) An otherin(inrmding h S0.21 otels gags hy the actual mated-constructionnditure of funds;¢andt
§1911.7 Risk premium rate deter.nina- and hotels and motels (5) The community has not been re-
less tiana. than normal occupancydu of
with 6-mo in dues sponsible h for any delay the comple(a) Pursuant to section 1307 of the ton) '40 "o tion of the system.
Act, the Administrator is authorized to (c) Each request by a community for
undertake studies and investigations to (b) The contents-rate shall be based a determination must be submitted in
enable him-to estimate the risk premium upon the use of the individual premises writing to-the.Engineering Division, Of-
rates necessary to provide-flood insurance for which contents coverage is pur- lice of Flood Insurance, Federal Insur-
in accordance with-accepted actuarial chased. ance Administration, Department of
principles,including applicable operating §1911.10 Minimum premiums. Housing and Urban Development, 451
costs andallowances.Such rates are also The minimum premium required for Seventh Street, SW, Washington, DC
ref erred to in this subchapter as "ac- any, regardless umpremium
the ed of 20410,and contain a complete statement
tuarial rates." coverage,nypolicy, $25.-The of the amountt of of all relevant facts relating,to the flood
(b)She-Administrator isalsoauthor- m
protection system, including, but not
ized to prescribe-by regulation the rates required for any added coverage or in- limited to, supporting technical data
crease in the amount of coverage during (¢g U.6.Army-Corps of Engineers flood
which can to charged to in- the term of an existing policy is $4, re-
sureds in order to encourage them to protection prrojectata), cost-schedules,
purchase the flood insurance made avail- 4gardless of the unexpired term of the budget appropriation data and the ex-
able under the Program.$uch rates are policy at.the time of the change. tent
nstof edde l fu facral tg s of thin e system'
ins
construction.referred to in this subchapter as"charge- § 1911.11 Adding coverage while policy formation sufficient to identify all par-
able rates." Generally, for areas having is in force. -sons affected by such flood protection
special ood-r mudslide (i.e.,ml hazard , (a) Adding-new coverage or increas- system or by such request: a full and
and amble rates ted
erosion lyh lower ing the amount of coverage in force
chargeable rates-are considerably lower precise statement of intended purposes
than actuarial rates. is permitted during-any_policy term. of the flood protection system; and a
FEDERAL REGISTER, VOL. 41, NO. 207—TUESDAY, OCTOBER 26, 1976
46984 RULES AND REGULATIONS
carefully detailed _description of such Subpart A—Issuance of Policies §1912.4 Limitations on sale of policies.
project, including construction comple- §.1912.1 Purpose of Part. (a) Each member of the insurance pool
non target-dates.In addition,true copies
of all contracts, agreements, leases, in.. The purpose of this-Part is to set forth (i.e., the Association) authorized by 42
struments,and other documents involved the manner in which-flood insurance V.S.C. 4051-56 offering flood_insurance
must be submitted with the request.Rele- under-the-Program is made available to under the Program shall be deemed to
vant facts reflected in documents,-how- the general public in those communities have agreed,as a condition of_i001 mem-
ever, must be included in the statement designated-as eligible for the sale of in- bership that it shall-not offerllood insur-
and not merely incorporated by refer- surance under-Part 1914 of this subchap- once under any authority or auspices in
ence, and must be accompanied by an ter, and to prescribe the general method any amount within the maximum limits
analysis of their bearing on the require- by which the Administrator exercises his of coverage specified in §1911.6 of this
ments of paragraph (b) of this section, -responsibility regarding the manner in subchapter,in any area the fidminisWa-
specifying the pertinent provisions. The which claims for losses are paid. for designates in Part 1914 of this sub-
request must contain a statement chapter as eligible for.the sale of flood in-
whether, to the best of the knowledge § 1912.2 Ilefinitjuna. surance under the Program, other than
of the person responsible for preparing The definitions set forth in Part 1909 in accordance with this Part, the Agree-
the application for the community, the of this subchapter are applicable to this meet,and the Standard Flood Insurance
flood protection system is currently the Part. Policy. Violation of this condition shall.
subject matter of litigation-before any §1912.3 National Flood Incurcrs also- at the discretion of the Administrator,
-Federal, State or local court or adminis- efutiort. exclude the violator from any further
trative agency, and the purpose of that membership in or cooperation with the
litigation.-The-request must also contain (a) Pursuant to sections 1331 and 1332 Association or the -Program: Notwith-
a statement as to whether the commu- of the Act,the Administrator has entered standing any other section of these regu-
nity has previously requested a deter- into the Agreement with the Association lotions, any insurer, including members
minatlon with respect to the same sub-
to authorize it to sell flood insurance -of the Association, authorized by a State
ject matter from the Administrator, de- _under the Program in communities des- insurance commissioner and on the Na-
tailing the-disposition-of such previous 16r1ated by the Administrator and to tional Association of Insurance Commis-
request.As documents become part of the accept responsibility for delivery of poll- stoners'Approved List may sell insurance
file and cannot be returned, the original des and payment of claims for losses as in excess of the limits of coverage under
documents should not be submitted. Prescribed by and at the discretion of the Standard Flood Insurance Policy.
(d) The effective date for any risk the Administrator. (b) The agreement and all activities
premium rates established under this (b) Membership in the Association thereunder are subject to Title VI of the
section shall be the date of final deter- shall be open to any insurance company Civil Rights Act of 1964,42 U.S.C.2000d,
mination by.the Administrator that ade- or other insurer which— and to the applicable Federal regulations
quote progress toward completion of s (1) Has a license or certificate of au- and requirements issued from time to
flood protection system has been made in thorny to transact insurance business time pursuant thereto. No person shall
a community. under the laws of any State; be excluded from participation in,denied
(e)-A responsible official of atom- (2) Pas total admissible assets of at the benefits of,or subjected to discrimi-
munity which received a determination least$1 million; nation under the Program,on the ground
that adequate progress has been made (3) Agrees to assume a minimum net of race, color, sex, creed or national on-
towards completion of a flood protection loss liability of 125,000 under policies of gin. Any complaint or information con-
system shall certify to the Administrator insurance issued in the name of the As- corning the existence of any such unlaw-
annually on the anniversary date of re- sedation for each accounting period of fur discrimination in any matter within
ceipt of such determination that no pros- membership; the purview of this Part should be refer-
-ent delay in completion of the system is (4) Pays an admission fee equal to$50 red to the Administrator.
-attributable to local sponsors of the sys- for each$25,000 of participation;and § 1912.5 Premium refnd.
tem,and that a good faith effort is being (5) Agrees to such other reasonable A Standard Flood Insurance Policy-made to complete the project. conditions as the Administrator or, sub- holder whose property has been deter-
(f) A community for which risk pre- ject to the approval of the Adminnistra- mined not to be in a specialitazard area
mtum rates hove been made available tor, as the Association may prescribe. after the map revision or a Letter of Map
_under section 1307(e) of the National (c) No insurer shall be admitted to Amendment under Part 1920 of-this sub-
Flood Insurance Act of 1968,as amended, membership in the Association for a term chapter may cancel the policy within the
shall-notify the Administrator if,at any less than a full accounting period, nor current policy year provided (a) he was
time, all progress on the completion of subsequent to the beginning of any ac- required to purchaseor to maintain flood
the flood protection system has been counting period as defined in i 1909.1 of insurance coverage, or both, as a con-
-halted or if the project for the comple- this subchapter. slition for-financial assistance, and (b)
tion of the flood protection system has (d) Under the Agreement, any insur- his property was located in-an identified
been canceled. ance company or other insurer,insurance special hazard area as represented on an
PART 1912—SALE OF AND agent or broker,or insurance adjustment effective-FHBM or FIRM when the fi-
Al2 ADJUSTMENT ENO INSURANCE CLRAS organization desiring to cooperate with nancial assistance was provided.-If no
the Association as fiscal agent or other- claim under the policy has been paid or
Subpart A—Issuance of Policies -vise, is permitted to do so to the maxi- is pending,the full premium shall be re-
Sec, mum extent-practicable.The Association funded for the current_policy year, and
1912.1 Purpose of Part. will use its best efforts to arrange for the for an additional where the
1912.2 �ea renew issuance of flood insurance to any per- insured had been required to the
1912.3 National Flood Insurers Association.
1912.4 Limitations on sale or policies, son qualifying for such coverage under policy during the period when a revised
1912.5 Premium refund. Parts 1911 and 1914 of this subchapter map was being reprinted.
1912.6 Minimum commissions. who submits an application to the As- §1912.6 Minimum eonniesions.
1912.7 Servicing companies.. sociation in accordance with the terms
1912.8 Notice to policyholders. and conditions of the Agreement. The earned commission which shall be
Subpart B—Claims Adusiment and Judicial (e) Communications concerning mem- paid to any property or casualty insur-
Review bership and cooperation with the associa- ante agent licensed in the state in which
1912.21 _Claims adjustment. tion, and Its-operations, should be di- the insured property is located-with re-
1912.22 Judicial review. rected to the National Flood Insurers As- spect to each policy or renewal he duly
AUTHORITY: Sec. 7(d), 79 Stat. 670; 42 sociation, 1755 South Jefferson Davis procures for an eligible purchaser shall
U.S.C. 3535(d); Sec. 1306, 82 Stat. 575; 42 Highway, Suite 1102, Arlington, Virginia not be less than$10.Any refunds of-pre-
U.S.c. 4013. 22202, (703-920-8830). miums authorized under this subchapter
FEDERAL REGISTER, VOL. 41, NO. 207—TUESDAY, OCTOBER 26, 1976
RULES AND REGULATIONS 46985
shall not affect a previously earned corn- INDIANA NEW JERSEY
mission, and no agent shall be required American States Insurance Company,-500 Great American Insurance Company, 6
to return that earned commission.In the North Meridian Street, Indianapolis, In- Dakota-Drive, Lake Success, New York
event of a premium refund because a diens 46204, (917) 262-6696. 11040, (201) 224-4200.
policy has been canceled as a result of a IOWA NEW MEXICO
map revision or Letter of Map Amend- Employers Mutual Casualty Company, P.O. CNA Insurance, 1660 Lincoln Street—Suitemen-, the Administrator shall reimburse Box 884,Dee Moines,Iowa 60304,(515)_280- 1800, Denver, Colorado 80203, (809) 861-
the Association for the amount of the 2511. 0561.
agent's previously earned commission. KANSAS NEW YORK
§ 1912.7 Servicing companies. -Royal-Globe Insurance Companies, 1125 :Great American Insurance Company, 5
The following servicing entities have Grand Avenue,Kansas City.Missouri 64141 Dakota Drive,_I..ake Success, New York
(816) 842-6116. 11040. (516) 776-6900.
-been designated to act as servicing com-
panies for the Association in the areas KENTUCKY NORTH CAROLINA
indicated: -CNA Insurance,580 Walnut-Street,Suite 1000, Kemper Insurance, 1229 Greenwood Cliff,
SERVICING COMPANIES Cincinnati, Ohio 45202, (519) 579-9000. Charlotte, North Carolina 28204, (704)
372-7150.
ALABAMA LOUISIANA NORTH DAKOTA
The Hartford Insurance Group,-The Hartford Aetna Technical
Louisiana 70180 Services,Inc., 0(604)Box 81003.
821- The St. Paul Companies, The Hamm Build-
Building, 100 Edgewood Avenue, Atlanta, Sng—Room 254, 408 St. Peter Street,-St.
Georgia 30301, (404) 521-2050. 3626. Paul, Minnesota 55102, (812) 227-9581,
MAINE
ALASKA OHIO (NORTHERN)
Commercial Union Assurance Company, c/o
Industrial Indemnity Company of Alaska, Campbell.Payson&Noyes,27 Pearl-Street, Commerciallrnlon Insurance Company, 1300
P.O. Box 307, Anchorage, Alaska 99510, Box 527 Pearl Street -Station, -Portland, East 9th Street, Cleveland, Ohio 44114,
(907) 279-9441. Maine 04116, (207) 774-1431. (216) 522-1050.
ARIZONA MARYLAND OHIO (SOUTHERN)
Aetna Technical Services, Inc., 9225 North U.S. Fidelity&Guaranty Company,P.O.Box CNA Insurance, 580 Walnut-Street, Suite
Central Avenue, Phoenix, Arizona 85012, 1198.Baltimore,Maryland 21203 (301) 547- 1000, Cincinnati, Ohio 45202, (613) 679-
(602) 264-2621. 3000. .9000.
ARKANSAS MASSACHUSETTS (EASTERN) OKLAHOMA
The Travelers Indemnity Company,700 South Commercial Union Assurance Company, 1 Republic.Vanguard Insurance Co., P.O. Box
University, P.O.-Box 51, Little Rock, Ar- Beacon Street,Boston,Massachusetts 02108, 3000,Dallas,Texas 75221, (214) 528-0301.
kanses-72203, (501) 644-5085. (617) 725-6128. OREGON
CALIFORNIA (NORTHERN) MAsaAcPuSerrs (WESTERN) State Farm Fire & Casualty Company, 4800
Fireman's Fund American Insurance Co., Aetna Insurance Company,T.O. Box 1779, -25th Avenue, N.E.,-Salem, Oregon 97903,
P.O.-Box 3196, San Francisco, California Hartford, Connecticut 06101, (203) 523- (503) 398-0101.
-94119, (415) 421-1676. 4861. PENNSYLVANIA
CALIFORNIA (SOUTHERN) _BUCHMAN
-General Accident F&L Assurance Corp.,Ltd.,
Fireman's Fund American-Insurance Co.. Insurance Company of North America, 900 -414 Walnut-street, Philadelphia, Pennsyl-
P.O. Box 2323, Los Angeles, California Tower.Drive, Troy, Michigan 48084, (319) amnia 19106, (215) 238-5512.
90051, (219) 381-3141. 879-5250, (919) 879-5254. PUERTO RICO
COLORADO MINNESOTA (EASTERN)
-Commonwealth Insurance Company,P.O.Box
CNA Insurance, 1560 Lincoln Street-Suite The St.Paul Companies,80 E.Marie Avenue, 8..4471,San Juan,Puerto-Rico 00906. (809)
1800, Denver, Colorado 80203, (903) 861- West St.Paul,Minnesota 55118 (812) 455- 726_5430.
0561. 6600. RHODE ISLAND
CONNECTICUT MINNESOTA (WESTERN)
American Universal Insurance Company.144
Aetna Insurance Company, P.O. Box 1779, The St.Paul Companies,7900 Xerxes Avenue, Wayland Avenue,-Providence, Rhode Is-
Hartford, Connecticut 06101, (203) 523- South Minneapolis,Minnesota 55431,-(612) land 02904. (401) 351-4600.
4861. 835-2800.
D.C.-DR-STRICT OF COLUMBIA MISSISSIPPI BOOTH CAROLINA
(See Virginia) The Travelers Indemnity Company, 5360 In- Maryland Casualty-Company.-P.O.Box 11816,
DELAWARE terstate 55 North, P.O. Box 2361, Jackson, Charlotte, North Carolina 28209, (704)
Mississippi 39205. 525-8390.
General Accident F&L AssuranceCorp.,Ltd. (EASTERN)
-SOUTH DAKOTA
MISSOURI
414 Walnut -Street, Philadelphia, Penn- ( The St.Paul Companies.The-Hamm Build-
ing—Room 39108, (215) 238-5512. MFA Insurance Company, 1817 West Broad- 254, 408 St. Peter Street. St.
-FLORIDA way,Columbia,Missouri 65201, (914) 445- Paul, Minnesota 55102, (812) 227-0581.
8441.
The Travelers Indemnity Company,1516 East MISSOURI (WESTERN) TENNESSEE
Colonial Drive, Orlando,Florida 92803, Royal-Globe Insurance Company,1125 Grand CNA Insurance, P.O. Box 410, 1101 Kermtt
(305) 898-2001. Avenue.Kansas City,Missouri 84141, (818) Drive, Nashville, Tennessee 37217, (615)
GEORGIA 842-6116. 258-O950.
The Hartford Insurance Group, The Hart- MONTANA TEXAS
ford Building. 100 Edgewood, Avenue, At- The Home Insurance Company, 8 Third The Home Insurance Company, 2100 Travis
lents, Georgia 30301, (404) 521-2059. Street, North, P.O. Box 1031.-Great Falls, street, Houston, Texas '77002, (713) 669-
HAWAII Montana 59401, (406) 781-8110. 7525. UTAH
First Insurance Co. of Hawaii, Ltd., P.O. NEBRASKA
Box 2866, Honolulu, Hawaii, 96803, (808) Royal-Globe Insurance Company.1125 Grand CNA ver, 1880 Lincoln Street--Suite
y 01800,561. enver, Colorado 80209, (303) 881-
5465511. Avenue,Kansas City,Missouri 64141, (816) 0581.
IDAHO 842-6116, VERMONT
Aid Insurance Company, Snake River Dial- NEVADA
p y. Commercial Union Assurance Company, 1
slop, 1845 Federal.Way,Boise,Idaho 83701, Thy Hartford Insurance Group,P.O.Box 500. Beacon Street, Boston, Massachusetts
(208) 343-4991. -Reno, Nevada 89504, (702) 329-1061. 02106,(517) 725-6128.
ILLINOIS NEW HAMPSHIRE VIRGINIA
State Farm Fire & Casualty Company, Commercial Union Assurance Company, 1 Insurance Company of North America. 5226
2309 East Oakland Avenue, Blomington, -Beacon Street,Boston,Massachusetts 02108, Wisconsin Avenue, NW.,Washington,-D.C.
Illinois 81709, (309) 557-7211. (617) 725-6128. 20015,(202) 244-2000.
FEDERAL REGISTER, VOL. 41, NO. 207-TUESDAY, OCTOBER-I6, 1976
46986 -RULES AND REGULATIONS
WASHINGTON SubpartB—_aims Adjustment and or (2) completed a risk study for-he ap-
Firemen's Fund American Insurance -Co., Judicia1Rev)ew plicant community.A-perioli of 15 years
1000 Plaza--Building 600,6th and Stewart, g 1912.21 Claims adjustment. ending July 31, 1983, was allotted for
Seattle,Washington 98101, (206) 587-9200. -this purpose.The priorities for-conduct-
(a) In accordance with the Agree- ing such risk studies are_set forth in
`EST VIRGINIA meat, the Association shall arrange for
D.B.Fidelity&Guaranty Company,3324 Mc- She prompt adjustment-and settlement of 94 ros this 0.25 periodically e od o
CorklA purpose of Part is le
Corps Avenue,4) Charleston, West Vu- all claims arising from policies of insttr- list those communities in which the sale
grata 25304, (304) 344-1892. -ante issued under the program. Investi- of insurance under the regular program
WISCONSIN gation of such claims may be'made has been authorized.
Aetna Insurance Company, 6796 East River though the facilities of its members,non- (b) 42 U.S.C.4056 authorizes an emer-
Road, Chicago, Illinois 60631, (312) 699- -member Insurers, or insurance adjust- gency implementation of the National
2600 -went organizations, to the extent re- Flood Insurance-Program whereby,for a
WYOMING quired and appropriate for the expe- period ending on September 30,1977,the
CNA Insurance, 1660 Lincoln Street—,Suite ditiotls processing of such claims. Set- Administrator may make subsidized coy-
1800, Denver,-Colorado 80203, (303) 861- tiements made and loss adjustment erage available to eligible communities
0561. expenses incurred shall,subject to audit, prior to the completion of detailed risk
1910IN ISLANDS be binding on the Administrator,barring studies for such areas. This Part,also
(see Puerto Rico) a prior objection by the Administrator To pro
cedures ocedures under the emer-
the loss-payment made or expense in- gent➢ program and lists communities
§1912.8 Notice to policyholders. curred. which become eligible under that pro-
(a) Each member of the insurance (b) All adjustment of losses and settle- ne
pool (le. the Association) offering flood ments of claims shall be made in ac-
insurance pursuant to the National Flood cordance with the terms and conditions §1914.2 Definitions.
insurance Program (42 U.B.C. 4001— of the policy and Parts 1911 and 1912 of The definitions set forth in Part 1909
4128) shall provide a notice in all flood this subchapter. of this subchapter are applicable to this
Insurance policies issued and renewed as § 1912.22 Judicial Review. Part.
of January 15, 1977, containing the fol-
lowing Upon the disallowance by the Assocla- §1914.3 Flood Insurance Maps.
information: tion or its agent of any claim on grounds
(1) Authority for issuance of policy. other than failure to file a proof of loss, re The followingAdministrator maps may beer In
(2) Servicing Company's name, ad- or upon the refusal of the claimant to -coned tib the thesale for „Se insur-
dress and toll free telephone number. accept the amount allowed upon any connection with the of flood(3) Federal Insurance Administrator's such claim, after appraisal pursuant to snce:
address and toll free telephone number, policy provisions,the claimant within one (ll Flood Insurance Rate Map
(b) Compliance with the requirements year after the date of mailing by the (FIRs.0. Thor map is preparedmyafter the
risk feted for the community has been
of paragraph (a) of this section will be Association or its agent of the notice of completed and the risk premium rates
satisfied provided the member of the in- disallowance or partial-disallowance of have been established. It indicates the
surance pool (i.e. the Association, coin- the claim me➢. Pursuant to 42 U.S.C. risk premium rate zones_applicable in
plies with a format of notice as desig- 4053, institute an action on such claim the community and when those rates are
against the Association, only in the U.S. effective. The symbols used to designate
nated by the Administrator; and such
District Court for the district in which those zones are as follows:
notice shall, as a minimum, include the the insured property or the major por-
following information employing the tion thereof shall have been situated, zone symbol:
without regard to the amount in con- A Area of special flood
same terms or substantially similar terms hazard elevations
de-
subject to prior approval by the Admin- troversy. surface elevations de-
istrator: termined.
ood
DEAR POLICYHOLDER: The attached Stand- PART .1933—[RESERVED] A1-99 Area of special
wHater
-ard Flood Insurance Policy or Its renewal,has surface elevations de-
been issued pursuant to the National Flood PART 1914—COMMUNITIES ELIGIBLE termined.
Insurance Act of 1968,as amended (42 U.S.C. -FOR THE SALE OF INSURANCE AO Area of special flood
4001-4128), by the National Flood Insurers hazards netting shy-
Association in cooperation with the Federal Sea low water depths
Insurance Administration oI the United 1914.1 Purpose of part. and/or_unpredictable
-States Department of Housing and Urban 1914.2 Definitions. flow paths between
Development and is generally serviced by the 1914.3 Flood insurance maps. (1) and(5) ft.
1914.4 Effect on community eligibility re-
_ V1-90 Area of special flood
Name suiting from boundary changes, hazards, with veloc-
-The _or your insurance agent governmental reorganization, etc. ity,that Is Inundated
Name 1914.5 Relationship of rates to zone desig-
in tidal floods(coast-
will assist you if you need to report a loss nations. al high hazard area).
or if you have any questions pertaining to 1919.6 List of eligible communities. VO Area of special flood
the premium charged or the scope of the AUTHORITY: Sec. 7(b), 79 Stat. 870; 42 -hazards having shal-
coverage.afforded under the policy.In add_- U.S.C. 3655(d); Sec. 1361, 82 Stat. 587; 42 low water depths
Lion, the Federal Insurance Administration U.S.C.4102. and/or unpredictable
(FIA) is ready to be of assistance to you flow paths between
in these matters, if we or your agent cannot' §1914.1 Purpose of Pert. (1) and (3) ft and
help you.Moreover,since the National Flood (a) 42 U.S.C. 4012(c), 4022, and 4102 with velocity.
Insurance Program is intended to provideof Area a moderate flood
you with the highest caliber of service, FIA require that flood insurance in the maxi-
_hazards.
would welcome any suggestions you may have mum limits of coverage under the regu- C Area of minimal haw-
for improving the Program. lar program shall be offered in communi- ards.
Please do not hesitate to write for assist- ties only after the Administrator has (1) D Area of undetermined
ante to: identified the areas of special flood,mud- but possible, flood
Federal Insurance Administrator, -Depart- slide (i.e., mudflow) or -flood-related hazards.
went of Housing and Urban Development, . ithi the nit M Area of special -mud
erosion hazards within community washin_gton, D.C. 20410, Telephone No. aide (i.e., mudflow)
800-424-8872 or 800-434-8873, under Part 1915 of this subchapter;and/ hazards.
FEDERAL REGISTER, VOL. 41, NO. 207—TUESDAY, OCTOBER 26, 1976
RULES AND REGULATIONS 46987
Zone symbol: areas within the newly acquired area. FHBM or FIRM, but all or a portion of
N Area of moderate mud- The amended regulations shall satisfy that community has been acquired by
slide (Le.. mudflow) the applicable-requirements in§1910.3 of another community. or-becomes auton-
haeani'' this subchapter-based on_the data pre- omous, that map shall remain in effect
P Area of undetermined,
but viously provided by the Administrator. until it is superseded by the Adminis-
slide ha special
s. mud- In the event that the newly acquired area trator, whether by republication as part
F Area of special good- was previously located in a community of the moo of the acquiring community,
related erosion has- participating in the Program, the provi- or otherwise.
ards. sions of this section shall only apply if (e) When a. community-described in
Areas identified-as subject to more than the community, upon acquisition, and paragraph (a), (b), (c), or (d) of this
one hazard (flood, mudslide (Le., mud- pending formal adoption of the amend- section has flood elevations ineffect, no
flow), flood-related erosion) will be des- ment to its flood plain management regu- new appeal period underparts 1916.1917.
ignated by use of the proper symbols in lations, certifies in writing over She sig- and 1918 of this subchapter will begin
combination, nature of a community official that except as new scientific and-technical
(2) Flood Hazard Boundary Map within the newly acquiredarea the flood data are available.
. This map is issued by the plain management requirements Pre-
(FHBM) § 1914.5 Relationship of rates to zone
Administrator delineating Zones A, M, viously applicable in the area remain in designations.
and E wlthina community. force.in the event that the newly-ac-
(b) Notice of the issuance-of new or quired-area was-previously located in a (a) In order to expedite a community's
revised FHBMs or FIRMS is given in community not-participating in thePro- qualification for flood insurance under
Part 1915 of this subchapter.She man- gram, the provisions of the section shall the emergency program, the Adminis-
datorypurchase of insurance is-required only apply if the community, upon ac- trator may authorize the sale of such in-
within designated Zones A, Ai-99, AO, quisition, and pending formal adoption surance without designatingany Zones A,
V1-30.V0,M,and E. Of the amendments to its flood plain M,or E within a community,provided the
(c) The FHBM or FIRM shall be main- management regulations, certifies in community has previously adopted flood
tamed for public inspection at the fol- writing over the signature of a commu- plain management-regulations meeting
lowing locations: nity official that it shall enforce within the requirements of §1910.3(a), § 1910.4
(1) The Information _Office of the the newly-acquired area the require- (a) or § 1910.5(a) of this subchapter.
State agency or agencies designated by meats of 4 1910.3(b) of this subchapter. When the Administrator has obtained
statute Mr the respective Governors to During the six month period, existing sufficient technical information to delin-
cooperatewith the Administrator in Im- flood insurance policies shall remain in eateZones A,M,or E,he shall delineate
plementing the Program -whenever a effect until their date of expiration,may the tentative boundaries on a FHBM.
community becomes-eligible for Program be renewed, and new policies may be (b) Upon the effective date of the
participation and the sale of insurance issued. Failure to satisfy the applicable FIRM,flood insurance will continue to be
pursuant to this section or is identified requirements in 1 1910.3 'shall result in available throughout the entire com-
as flood-prone pursuant to Part 1915 of the community's suspension from Pro- mutiny at chargeable rates (i.e., subsi-
this subchapter; gram participation pursuant to 4 1909.24 dized) for first layer coverage of-existing
(2) One or more official locations with- of this subchapter. structures, but-will tie only available at
in the community in which flood insur- (c) When an area previously a part risk premium rates for all new construc-
ance is offered,which shall be specified in of a community participating in the-Pro- tion and substantial improvements.Upon
Part 1915 of this subchapter at the time gram becomes autonomous or becomes a the effective date of a FIRM,second layer
identification of the community as flood- portion of a newly autonomous commu- coverage is available only at risk pre-
prone is announced by publication in the nity resulting from boundary changes, mium rates for all structures.
FEDERAL REGISTER; governmental reorganization,changes in (c) Detailed insurance information
(3) The NFU servicing company for state statutes or constitution, or other- may be obtained from the servicing com-
the State or area (additional copies may wise,such new community shall be given panes.See Part 1912 of this subchapter.
be obtained from the appropriate serv- six months from the date of its in- §1914.6 List of eligible communities.
icing company) (See§1912.7); dependence to adopt flood plain manage- The sale of flood insurance pursuant
(4) The official record copy of each ment regulations within the special
official map shall be maintained in₹IA hazard-areas subject to,its jurisdiction to the National Flood Insurance Program
and to submit its application for par- (42 U.S.C. -4001-4128) is authorized
files in Washington,D.C. ticipation as a separate community in for the communities set forth under this
§1914.4 Effect on community eligibility order to retain eligibility for the sale of section. Previous listings under this Part
•resulting from boundary changes, flood insurance.The regulations adopted continue in effect until revised.
governmental reorganization,etc. by such new community shall satisfy Non.—For references to FR pages showing
(a) When a community not partici- the applicable requirements in 4 1910.3 of lists of eligible communities see the List of
pacing in the Program acquires by means this subchapter based on the data pre- -CPR-Sections Affected.
of annexation,.incorporation, or other- viously provided by the Administrator.
wise,an area within another community The provisions of this section shall only PART AND
participating in the Program, no new apply where the new community upon MAPPING 1915—IDENTIFICATION OF T CATARD AREAS
flood insurance shall be made available the date of its independence certifies in
as of the effective date of annexation un- writing over the signature of a commu- sec.
til the newly acquiring community par- nity official that, pending formal adop- 1915.1 Purpose of Part.
ticipates in the Program. Until the ef- tion 0L flood plain management reguia- 1915.2 -Definitions.
Teethe date of participation, existing tions, the flood plain management re-
hasard areas 1915.3 List of communities with special
flood insurance policies remain in effect q 1915.4 List of communities with detailed
s in effect)
uirements previously applicable in that
until the policy's date of expiration, but area remain in effect. During the six
engineering data (FIRM'S).
shall not be renewed. month period, existing flood insurance 1915.5 -Requirement to submit new technl-
(b)-When a community participating policies shall remain in effect until their cal data.
in the-Program acquires by means of an- dates of expiration,may be renewed,and 1915.8 Administrative withdrawal of maps.
nexation, incorporation, -or otherwise, new policies may he issued. Failure to AUTHORITY: Sec. 7(d), 79 Stat. 870; 42
another area Which ' was previously satisfy the applicable requirements in U.S.C. 3535(d). Sec. 1380. 82 Stat. 587, 42
located in a community either Darticipat- 4 1910.3 of this subchapter shall result U.S.C.4101.
ing or not participating in the Program, in the community's suspension from Pro- § 1915.1 Purpose of part.
the community shall have six months gram participation pursuant to§1909.24
from the date of acquisition to formally of this subchapter. 42 U.S.C. 4101 authorizes the Admin-
amend its flood plain management regu- (d) Where any community or any area istrator to identify and publish Informa-
lations in order to include all-flood-prone within a community had in effect a tion with respect to all areas within the
FEDERAL REGISTER, VOL. 41, NO. 207-TUESDAY, OCTOBER 26, 1976
46988 RULES AND REGULATIONS
United States having special flood,mud- (1) A topographic map exhibiting PART 1916—CONSULTATION WITH
slide (i.e.. mudflow) :and flood-related ground elevation contours ingreater de- LOCAL IOFFICIALS
erosion hazards,The purpose of this Part tail than maps available at the time of Sea
is to list those communities that have _the flood insurance study, or exhibiting 1916.1 Purpose of Part.
been identified by the Administrator as topographic or ground elevation changes 1916.2 Definitions.
having such special-Rood, mudslide (l.e., since the flood insurance study was per- 1916.9 Establishment of community case file
mudflow) or flood-related erosion haz- formed; and and flood elevation study docket.
ards. Additional communities will he (2) Hydrologic data which has become 1916.4 Appointment nation Officer.
Consultation coomi-
t n Ocer.
added to this list from time to time as available since the flood insurance study 1916.5 Responsibilities of CCO.
the necessary information becomes avail- was performed, such as photographs or 1916.6 muties of ceo.
able. This Part also provides a list of historical records of a major flooding oc- AUTHORITY: Sec. 205(a), 87 Stat. 983 (42
communities for which detailed engi- currence or a flood study or information u.s.c.4128).
neering data in the form of water stir- developed by an appropriate authorita- § 1916.1 Purpose of part.
face elevation data for the flood with tive source, such as a Federal or State
one percent chance of being equalled or agency,a County Water Control District, (a) The purpose of this Part is to
exceeded in any given year and the flood and a County, City or private registered comply with section 206 of the Flood
insurance rate zones for the special haz- professional engineer.-Hydrologic infor- Disaster Protection Act of 1973 (42 U.S.C.
and areas within those communities has mation shall be of sufficient detail so 4107) by establishing procedures for flood
been made available. Additionally, this that the hydrologic computations may be elevation determinations of Zones A1-99
Part contains information concerning evaluated by the Administrator; or and V140 within the community so that
the revision of Flood Hazard Boundary (3) Information about flood control adequate consultation with the corn-
Maps (FHBM's) or Flood Insurance projects, such as stream channelization, munity officials shall be assured.
Rate Maps (FIRM's), and notice of ad- construction of new dams, reservoirs, (b) The procedures in this-art shall
ministrative withdrawal of special flood artificial canals, private levees, or flood apply when base flood elevations are to
hazard maps (i.e., FHBM's or FIRM's). protection systems. Such information be determined or modified.
§1915.2 Definitions. shall: (c) The Administrator or his delegate
(i) Be submitted at least six months shall:
The definitions set forth in Part 1909 prior to the expected completion date of (1) Specifically request that the com-
of this subchapter are applicable to this the project,and munity submit pertinent data concerning
-Part. (Ii) Include a complete plan of the flood hazards, flooding experience, plans
§1915 ':[ fist of communities with ape- project with cross sections and dimen- to avoid potential hazards, estimate of
h,,aid areas (FHBM's in effect). slons, together with a detailed map of historical and prospective economic inn-
x ;r the list of communities and the affected area indicating changes in pact on the community, and such other
th ated A,IS, and a zones issued un- base flood elevations caused by con- appropriate data (particularly if such
de, section and not carried in the code struction of the project, and data will necessitate a modification of a
of Ftuaral Regulations, see the List of CPR (iii) Be reflected on the community's base flood elevation).
Sections Affected. FIRM'only after the project has been (2) Notify local officials of the progress
§ 1915.4 List of communities de- completed,except as may be provided in of surveys,studies,investigations,and of
4 o engineering data with this subchapter, prospective findings,along with data and
(b) The technical and scientific in- methods employed in reaching such con-
(a) This section provides a cumulative formation indicating changes in base elusions; and
'list of communities for which the Ad- flood elevations shall be submitted to: (3) Encourage local dissemination of
ministrator has published a FIRM, Engineering Division, Office of Poona Maur-
_thereby
studies, and investigations so
_thereby usually providing water surface &nee, Federal Insurance Administration, that interested persons will have an op-
elevations for the special flood hazard U.S.Dept. of Housing and Urban Develop- portunity to bring relevant data to the
area, ment, 451 Seventh Street, S.W., Washing- attention of the community and to the
(b)The effective date of the most re- ton,D.C.20410. Administrator,
cent revision of the FIRM for the coin- (c) Upon receipt of the scientific or § 1916.2 Definitions.
munities listed are entered as follows: -technical data, the Administrator shall
41 FR 26403. (1) mail an acknowledgement to the The definitions set forth in Part 1909
§1915.5 Requirement to submit new CEO, and (2) notify the CEO within 90 of this subchapter are applicable to this
technical data, days that: Part
A community's base flood elevations (i) The base flood elevations on the ef- §1916.3 Establishment of community
fective FIRM are correct and shall not case file and flood elevation study
may increase or decrease resulting from -be modified: or docket.
physical changes affecting flooding con (ii) The flood elevations on the effec- (a) A file shall be established for each
ditions. Within six months of the date tive FIRM shall be modified, and new community at the time initial considera-
that such information becomes available, base flood elevations shall be established ton is given to studying that community
a community shall notify the Adminis- under the provisions of Part 1917 of this An order to establish whether or not it
trator of the changes by submitting tech subchapter; or contains flood-prone areas. Thereafter,
nical or scientific data in accordancee (iii) An additional 90 days is required the file shall include copies of all car-
with this paragraph. Such submission is to evaluate the scientific or technical respondence with officials in that com-
necessary so that upon confirmation of data submitted. munity.As the community is tentatively
those physical changes affecting flooding identified,provided with base flood eleva-
conditions risk premium rates and flood § 1915.6 Administrative withdrawal of tons,or suspendedsnd reinstated,docu-
plain management requirements will be maps. mentation of such actions by the Ad-
based upon current data. (a) Flood Hazard Boundary Maps ministrator shall be placed in the com-
a) The Chief Executive Officer(CEO) (FHBM's),The following is a cumulative munity file.Even if a map is administra-
of a community participating in the Pro- list of withdrawals pursuant to this-Part: Lively rescinded or withdrawn after notice
gram shall submit to the Administrator 40 FR 5149; 40 FR 17015; 40 FR 20798; under Part 1915 of this subchapter or the
technical or scientific information in- 40 FR 46102; 40 FR 53579; 40 FR 56672; community successfully rebuts its flood-
dicating that the base flood elevations 41-FR 1478; 41 FR 5090; 41 FR 13351; prone designation, the file will be maro-
on the community's FIRM do not ac- 41 FR 17725. tamed indefinitely.
curate]➢ reflect flood risks as they cur- (b) Flood Insurance Rate Maps (b) A portion of the community file
(FIRM's).The following is a cumulative shall be designated a flood elevation study
rently exist. Such information shall in list of withdrawals pursuant to this Part: consultation docket and shall be estab-
elude, but not necessarily be limited to: 40 FR 17015; 41 FR 1478; 41 FR 17726. lashed for each community at the time the
FEDERAL REGISTER, VOL. 41, NO. 207—TUESDAY, OCTOBER 26, 1976
RULES AND REGULATIONS 46989
contract is awarded for.a flood elevation local officials of (1) the-date when the the proposed-flood-elevation determine-
study.The docket shall include copies of study will commence, (2) the nature and tion;
(1) all correspondence between the Ad- purpose of the study, (3) the areas in- (h) A copy of the flood insurance study
ministrator and the community concern- volved, (4) the manner in which the for the community;
ing the study,-reports of any meetings study shall be undertaken, (5) the gen- (i) A copy of the FIRM for the
among the Federal Insurance Adminis- eral principles to be applied,and (6) the community;
tration representatives, property owners intended use of the data obtained. (j) Copies of all materials maintained
of the community,the state coordinating (c) After a Flood Insurance Study has in the flood elevation study consultation
agency, study contractors or other in- commenced in any community, the CCO docket; and
terested-persons, (2) relevant publica- for that community shall serve as a liai- (k) el copy of the final determination
Lions, (3) a copy of the completed flood son among the local officials, the state with supporting documents.
elevation study,and(4) a copy of the Ad- coordinating agency, and the organza- § 1917.4 Proposed flood elevation deter-
ministrator's final determination. tion undertaking the study in order to inination.
(c) A flood elevation determination keep all interested parties informed as The Administrator shall propose flood
docket shall be established and main- to the progress of the study. elevation determinations in the following
tained in accordance with Part 1917 of -- _manner:
this subchapter. PART 1917—APPEALS FROM PROPOSED (a) Publication of the proposed flood
§1916.4 Appointment of consultation FLOOD ELEVATION DETERMINATIONS elevation determination for comment in
t coordination officer. Sec the FEDERAL REGISTER;
The Administrator shall appoint an 1917.1 Purpose of Part (b) Notification by certified mail, re-
employee of the Department of Housing 1917.2 Definitions turn receipt requested, of the proposed
other
and-Urban Development,or desig- 1917.3 Establishment and maintenance of flood elevation determination to the
nested Federal employee, as Consul- a flood elevation determination CEO:and
socket (FEDD) (c) Publication of the proposed flood
tation -Coordination Officer (CCO) for 1917,4 Proposed flood elevation determi-
-each community when a contract is nation elevation determination in a prominent
awarded for a Flood Elevation Study, 1917.5 Right of appeal local newspaper at least twice during the
and, in writing, shall advise the corn- 1917.6 Basis of appeal ten day period immediately following the
munity and the appropriate state coordi- 1917.7 Collection of appeal data notification of the CEO.
nesting agency or official for the state in 1917.8 Appeal Procedures § 1917.5 Right of appeal.
which the community is located of the 1917.9 Final determination in the absence
which a of the CCO. of an appeal by the community (a) Any owner or lessee of real prop-
designation Rates during pendency of final de- erty, within a community where a pro-
§ 1916.5 Responsibilities of cCO. termination posed flood elevation determination has
1917.li Notice of final-determination been made pursuant to section 1363 of
(a) The CCO shall be responsible for 1917.12 Appeal to District Court the National Flood Insurance Act of
arranging consultation among apPropri- Auraoairv:Sec.1309(a).62 Stat.574(42 1968,as ate officials of a community in which any D.S.C.4012).
proposed Flood Insurance study is un- erty amended, believes
rights to be adversely affected bydertaken, the state coordinating agency, § 1917.1 Purpose of Part. the Administrator's proposed determina-
and the organization under contract or The purpose of this Part is to estab- tion, may Tile a written appeal of sl}ch
the auspices of the Federal Insurance lish procedures implementing the pro- determination with the CEO, or such
Administration undertaking the study. visions of section 110 of Flood Disaster agency as he shall publicly designate,
within ninety days of the second news-
(b) The CCO shall encourage local Protection Act of 1973. paper publication of the Administrator's
dissemination of surveys, studies, and
investigations so that interested parties § 1917.2 Definitions. -proposed determination.
will have an opportunity to bring rele- The definitions set forth in Part 1909 § 1917.6 _Basis of appeal.
vant data to the attention of the com- of this subchapter are applicable to this The sole basis of an appeal under this
munfty and to the Administrator. Part. -Part shall be the possession of knowledge
(c) The CCO shall be responsible for §1917.3 Establishment and mainten- -or information indicating that the eleva-
encouraging the submission of commu- _more of a flood elevation deterndna- tions proposed by the Administrator are
nity information concerning the study lion docket (FEDD). scientifically or technically incorrect.
by providing sample press releases or other materials to accomplish such The Administrator shall establish a § 1917.7 Collection of appeal data.
docket of all matters pertaining to flood
purpose. elevation determinations.The docket files (a) Appeals by private persons to the
§ 1916.6 Duties of CCO. shall contain the following information: CEO shall be submitted within ninety
(a) The name of the community sub- (90) days following the second news-
(a)The primary duty of a CCO is topaper publication of the Administrator's
(rovide consultation with appropriate ject to the flood elevation determination;
(b) A copy of the notice of the pro- proposed flood elevation determination
officials of the community so that they to the CEO or to such agency as-he may
may be fully informed of (1) the respon- posed flood elevation _determination to publicly designate and shall set forth
sibilities placed on them by the Program, the Chief Executive Officer TCEO) of scientific or technical data that tend to
(2) 'the administrative procedures fol- the Community; negate or contradict the Administrator's
lowed by the Federal Insurance Adm'n- (c) A copy of the notice of the pro- findings.
istration, (3) the community's role in posed flood elevation determination pub- (b) Copies of all individual appeals re-
-developing the FIRM, and (4) the re- lished in a prominent local newspaper of ceived by the CEO shall be forwarded,as
sponsibilitles of the community if it par- the community: soon as they are received,to the Admin-
ticipates or continues to participate in (d) A copy of the notice of the pro- istrator for information and placement
the-Program. -posed flood elevation determination pub- in the -Flood Elevation Determination
(b) Before the commencement of the lished in the FEDERAL REGISTER: Docket.
community's proposed Flood Insurance (e) Copies of all appeals by private (c) The CEO shall review and con-
Study, the CCO for the community in persons received by the Administrator solidc.te all appeals by private persons
which the study is to be conducted, to- from the CEO; and issue a written opinion stating
gether with a representative of the or- (f) Copies of all comments received whether the evidence presented is suffi-
ganization undertaking the study, shall by the Administrator on the notice of -dent to justify an appeal on behalf of
meet with officials of the community.The the proposed flood elevation determine- such persons by the community in its
state coordinating agency shall be noti- tion published in the FEDERAL REGISTER. own name.
fled of this meeting and may attend it.At (g) A copy of the community's appeal (d) The decision issued by the CEO on
this meeting, the CCO shall inform the or a copy of its decision not to appeal the basis of his review, on whether an
FEDERAL REGISTER, VOL. 41, NO. 207—TUESDAY, OCTOBER 26, 1976
46990 RULES AND REGULATIONS
appeal by the community in its own name dividual appellants and the State Co- § 1918.5 -Establlshmmn of docket.
shall be made,shall be filed with the Ad- ordinating Agency. The-General Counsel shall establish a
ministrator not later than ninety days § 1917.12
after the date of the second newspaper Appeal to District Court. docket for torefo referred to r him by the
publication of the Administrator's pro- (a) An appellant aggrieved by the Administrator for shall include,
hea h
posed flood elevation determination and final determination of the Administrator lugs. This docket include, for each
shall-be placed in the FEDD. may appeal such determination only to appeal, copies of all materials contained
the United States District Court for the in the FEDD file on the matter, copies
§ 1917.8 Appeal procedure. District within which the community is of all correspondence in connection with
(a)_If a community appeals the pro- located within sixty days after receipt the appeal, all motions, orders, state-
posed flood elevation determination, the of notice of determination. ments and other legal documents, a
Administrator shall review and take fully (b) During the pendency of any such transcript of the hearing,and the judge's
into account any technical or scientific litigation, all final determinations of the final determination.
data submitted by the community that Secretary shall be effective for the pur- § 1918.6 Time and place of hearing.
tend to negate or contradict the informa- poses of this title unless stayed by the (a)-The time and place of each hear-
tion upon which his proposed determi- court for good cause shown. ing shall be designated by the judge for
nation is based. (c) The scope of review of the appel- that hearing. He shall promptly advise
(b) The Administrator shall resolve late court shall be in accordance with the the Administrator and the General Coun-
such appeal by consultation with officials provisions of 5 U.S.C. 706, as modified sel of such designation.
of the local government, or by adminis- by 42 U.S.C. 4104(b). 1b) •The judge's notice of the time and
trative hearings under the procedures set — place of hearing shall be sent by the
forth in Part 1918 of this subchapter,or Flood Insurance Docket Clerk by reg-
by submission of the conflicting data to PART 1918—ADMINISTRATIVE HEARING
an independent scientific body or appro- PROCEDURES istered or certified mail, return receipt
priate Federal agency for advice. see. requested, to all appellants. Such notice
(c) The final determination by the Ad- 1918.1 Purpose of Part. shall include a statement indicating the
1918.2 Definitions. nature of the proceedings and their pur-
ministrator where an appeal is filed shall 1918.3 Right to administrative bearings. pose and all appellants' entitlement to
be made within a reasonable time. 1918.4 Judge. counsel. Notice of the hearing must be
(d) Nothing in this section shall be 1918.5 Establishment of docket. sent no less than 30 days before the date
considered to compromise an appellant's 1918.6 Time and place of hearing.
1918.7 Conduct of hearings. of hearing unless such period is waived
rights granted under § 1917.12.
1918.8 scope of review. by all appellants.
(e) The Administrator shall make
1918.9 Admissible
available for public inspection the re- evidence.
e proof.Burden §1918.7 Conduct of hearings.
1918.10
-ports and other information used in 1918.11 Right of�ht of Judge to obtain scientific (a) The judge shall be responsible for
making the final determination. This or technical advice. the fair and expeditious conduct of
material shall be admissible in a court of 1918.12 Determination. Proceedings.
law 1n the event the community seeks 1918.13 Relief. (b) The Administrator shall be repre-
judicial review in accordance with AUTHORITY: Sec. 1304(a), 82 _tat. 574 (42 sented by the General Counsel or his
§ 1917.12. U.S.C. 4012). designee.
§ 1917.9 -Final determination in the ab- § 1918.1 Purpose of Part. (c) one administrative hearing shall
score of an appeal lay the community. be made for any one community unless
(a) If the Administrator does not re- The-purpose of this Part is to estab- the judge for good cause shown grants a
ceive an appeal from the community lish procedures for appeals of the Ad- separate appeal or appeals.
the ninety days provided,he shall ministrator's base flood elevation deter- (d) The CEO or his designee shall rep-
-withint the and review ays on their own mination, whether proposed pursuant to resent all appellants from that corn-
the individual which, in section 1363(e) of the Act (42 U.S.C. munity;provided that any appe41ant may
merits corsathe di § appeals are filed within 4104) or modified because of changed petition the judge to allow such appel-
accordance community and forwarded by the conditions or the availability of addi- lant to make an appearance on his own
CEO tional newly acquired scientific or tech- behalf. Such a petition shall be granted
nical information. only upon a showing of good cause.
(b) The final determination shall be
(e) The Administrator shall assure
-made pursuant to the procedures in § 1918.2 Definitions.
that a transcribed verbatim record is
§ 1917.8 and,modifications shall be made The definitions set forth in Part 1909 made of the proceeding which shall be
of his proposed determination as maybe
appropriate, taking into account the of this subchapter are applicable to this available for inspection by any appellant.
Part. An appellant may order copies of the
written opinion, if any, issued by the
community in not supporting such ap- § 1918.3 Right to administrative hear- transcribed verbatim record directly from
Peals ing, the reporter and shall be responsible for
An administrative hearing under this payments.
§ 1917.10 Rates during pendency of Part shall only be held if a community § 1918.8 Scope of review.
final determination.
(a) Until such time as a-final deter- appeals the Administrator's flood eleva- Review at administrative hearings
tion determination established pursuant shall be limited to an examination of
mination is made and proper notice 1s
given, no person within a-participating to § 1917.8 of this subchapter, or other- knowledge or information presented by
community shall be denied the right to wise, and the Administrator has deter- each appellant indicating that elevations
purchase hood insurance at the subsi- mined that such appeal cannot be re- proposed by the Administrator are sci-
Purchase rate. entifically or technically incorrect.
solved by consultation with officials onof of
(b) After the final_determination and the community, or by submission the §1918.9 .Admissible evidence.
upon the effective date of a FIRM, risk conflicting data to an independent sci- (a) Legal rules of evidence shall not be
premium rates will be charged for new in effect at administrative hearings.
construction and substantial improve- entific body or appropriate Federal L-iowever, only evidence relevant to is-
ments.The effective date of a FIRM shall agency for advice. sues within the scope of review under
-begin not later than six months after § 1918.4 Judge. §1918.8 shall be admissible.
the final flood elevation determination. (b)-The community's FEDD file shall
Each hearing shall be conducted by an
§1917.11 Notice of final determination. be admissible.
Administrative Law Judge (hereinafter (c) Documentary and testimonial
The Administrator's notice of the final •Jde") certified b the Civil Service
evidence shall be admissible,
munity shall be in written form and pub- Commission or by a Hearing Officer (d) Admissibility of non-expert testi-
fished in the -171IDERAE REGISTER, and (hereinafter"Judge") designated by the mony shall be within the-discretion of
copies shall be sent to the CEO. all fn- Secretary. the judge.
FEDERAL REGISTER, VOL. 41, NO. 207—TUESDAY, OCTOBER 26, 1976
MULES AND REGULATIONS 46991
(e) The community's statement of §1920.2 Definitions. § 1920.5 Letter of Map Amendment.
reasons for appealing shall be admissible. The definitions set forth in Part 1909 Upon determining from available sci-
(f) All testimony shall be under oath. of this subchapter are applicable to this entific or technical information that a
§ 1918.10 Burden of proof. Part. FHBM or a FIRM requires modification
The burden shall be Oli appellants to § 1920.3 Right to submit technical in- Admiunder the fpor shall issues of §1920er of, the
Map
prove that the flood elevation determine- formation. Amendment
wrhich
shall a Letter of Map
Amendment which shall state:
tion is not scientifically or technically (a) Any owner or lessee of property (a) The name of the Community to
correct. (applicant) who believes his property which the map to be amended was is-
§ 1918.11 Right of judge to obtain has been inadvertently included in a sued;
scientific or technical advice. designated A, A0, A1-99, VO and V1-30 (b) The number of the map;
The judge may submit conflicting Zones on a FHBM or a FIRM, may sub- (c) The identification of the property
technical or scientific data to an inde- mit scientific or technical information to be excluded from a designated A, A0,
pendent scientific body or o an mate to the Administrator for his review. A1-99, VO or; V1-30 Zone.
a (b) Scientific and technical informa-
Federal agency for advice. §1920.6 Distribution of Letter Map
tion for the purpose of this Part may in- Amendment.
§ 1918.12 Determination. elude,but is not limited to the following: (a) A copy of the Letter of Map
The judge shall make a written deter- (1) An actual copy of the recorded Amendment shall be sent to the appli-
mination on the evidence presented at plat map bearing the seal of the appro-
the hearing within 30 days after the con- priate recordation official (e.g. County cant who submitted scientific or tech-
Clerk, or Recorder of Deeds) indicating nits]data to the Administrator.
elusion of the hearing. (b) A copy of the Letter of Map
the official recordation and proper cite-
§1918.13, Relief. Amendment shall be sent to the local
lion (Deed or Plat Book Volume and map repository with instructions that it
The sole relief which shall be granted Page Numbers),or an equivalent identi- be attached to theptap which the Let-
under this Part is a modification of the fication where annotation of the deed or ter of Map Amendment is amending.
Administrator's proposed determination plat book is not the practice. (c) A copy of the Letter of Map
by the judge in accordance with his (2) A topographical map showing (i)
determination under § 1918.12. This ground elevation contours, OD the total Amendment shall be sent to the map
modification shall be binding _on the area of the property in question, (iii) the repository in the state with instructions
location of the-structure or structures that it be attached to the map which it is
Administrator, amending.
located on the property in question, (iv) (d) A copy of the Letter of Map
the elevation of the lowest floor (includ- will be any commu-
nity PART 1919 [RESERVED 1 ing basement) of the structure or strut- Amendmentr governmental be sent touni that co -
tures and (v) an indication of the curvi- such Letter of Map Amendment.
PART 1920—PROCEDURE FOR MAP linear line which represents the area (e) A copy of the Letter of Map
CORRECTION subject to inundation by a base flood. Amendment shall be sent to the National
MAPPING DEFICIENCIES UNRELATED TO coM- The curvilinear line should be based Flood Insurers Association.
MUNITY-wm£_ELEVATION DATCRMmATioNs upon information provided by any ap-
(fl A Copy of the Letter of Map
Sec. a Federal
authoritative source, such as Amendment will be maintained by the
1820.1 Purpose of Part. a Federal Agency, the appropriate state
P° Federal Insurance Administration in its
1920.2 Definitions. agency (e.g. Department of Water Re- community case file.
1920.3 Right to submit technical informs- sources), a County Water Control Dls-
non. trice, a County or City Engineer, a Fed- §1920.7 Notice of Letter of Map Amend-
1920.4 Review by the Administrator. eral Insurance-Administration_F'IOOd_In- meet.
1020.5 Letter of Map Amendment. surance Study. or a determination by a The Administrator shall publish a-no-
1920.6 Distribution of Letter of Map Registered Professional Engineer; tice in the FEDERAL REVERTER that the
Amendment. (3) A copy of the FHBM or FIRM in- FHBM or FIRM map for a particular-
1920.'1 Notice of Letter of Map Amendment. dicating the location of the property in community has been amended by letter
1920.8 Premium refund after Letter of Map
Amendment. question; determination issued pursuant to this
AUTHORITY: sea 1304(8), 6a scat. 574 (42 (4) A certification by a Registered Pro- Part.
fessional Engineer or Licensed Land Sur-
Ds.C.4011). veyor of the type of structure and that §1920.8 Premium refund after Letter
of Map Amendment.
MAPPING DEFICIENCIES UNRELATED TO the lowest floor (including basement)
COMMUNITY-WIDE ELEVATION DETER- of the structureis above the base flood A Standard Flood Insurance Policy-
MINATIONS level.Where there has been a final flood holder whose property has become the
§ 1920.1 Purpose of-Part. elevation determination, and 1111 has subject of a Letter of Map Amendment
altered the topography, such certiflca- under-this Part may cancel the policy
The purpose of this Part is to provide tion should include the date that the within She current policy year and re-
an administrative procedure whereby -fill was placed on the property. ceive a premium refund under the con-
the Federal Insurance Administrator ditions set forth in § 19125 of this
(Administrator) will review the scien- § 1920'4 Review by the Administrnmr• subchapter.
tiflc or technical submissions of an owner The Administrator,after reviewing the
or lessee of property who believes his scientific or technical information sub- -PARTS 1921-1924—[RESERVED]
property has been inadvertently includ- mitted under the provisions of §1920.3,
ed in designated A, A0, A1-99, VO and shall notify the applicant in writing of PART 1925--₹10EMPFION or STATE-
V1-30 Zones, ass result of the transpo- his determination within 60 days from OWNED PROPERTIES UNDER SELF-
sition of the curvilinear line to either the date of receipt of-the applicant's INSURANCE PLAN
street or to other readily identifiable scientific or technical information that:
features. The necessity for this part is (a) The property is within a desig- Subpart A—General
due in part to the technical�i®cullty of nated A, A0, Al-99, VO or V1-30 Zone, sea
accurately delineating the E 1935.3 curvilinear and shall set forth the basis of such 1925.1 Purpose of Part.line on either a FHBM or FIRM.Where determination; or 1925.3 Bumrdeen o
n of proof.
there has been a final base flood eleva- (b) The property should not be in-
Subpart e--Standards for Exemption
lion determination,any alteration of the eluded within designated A,AO,A1-99,
V0, or V1-30 Zone that the FFIBM 1925.10 Applicability.
topography shall not be subject to this 1925.11 Standards. '
procedure: Appeals of such determine- or FIRM will be modified accordingly; Application by a State for exemp-
tion.
1926.12
tions are subject to the provisions of
(m An additional 60-days is required 1925.14 St by pt underStates this Part.
FEDERAL REGISTER, VOL. 41, NO. 201—TUESDAY, OCTOBER 26, 177a
46992 RULES AND REGULATIONS
Auraoarrr: Sec. 7(d), 79 Stat. 670 7(,d); fled by the Administrator as A, AO, M, -Governor or other_duly authorized oft-
42 U.S.C.3535(d); and 49.D.S.C.4128. V, VO,and EZonee.The person or per- cial of the State accompanied by gull-
Subpart A— leneral -sons responsible b r such self-lsurance dent supporting documentation which
§ 1925.1 Purpoeeaf Part. fund shall report on its statue to the certifies that the plan of self-insurance
chief executive authority of the State,or upon-which-the application for exemp-
The purpose of this Part is to estab- to the legislature, or both,-not less fre- tion is based meets or exceeds the stand-
lish standards with -respect to -the -quently than annually. The loss expert- ands set forth in 41925.11.
Administrator's :eterminations that a ence shall be shown for-each calendar § 1925.13 ]review by the Administrator.
State's plan of self-insurance is adequate or fiscal-year from_inceptionto current •
and satisfactory for the purposes of date based upon loss and loss adjustment (a) The Administrator may return the
empting such-State,under the provisions expense incurred during-each separate application for exemption upon finding
of section 102(c) of the Act,from the re- calendar or fiscal year compared to the it incomplete or upon finding that addi-
quirement of purchasing flood insurance premiums or charges for each of the re- tional information is required in order
coverage for State-owned structures and spective calendar or fiscal years.Such in- to make a determination as to the ade-
their contents in areas identified-by the curred losses shall be reported in aggre- quacy of the self-insurance plan.
Administrator as A,A0,M,V,VO,and E mate by cause of loss under a loss coding (b)upon determining that the State's
Zones,in which the sale of insurance has system adequate,as a minimum,to iden- plan of self-insurance is inadequate,the
been made available,and to establish the tify and isolate loss caused by flood, Administrator shall in writing reject the
procedures by which a State may request mudslide (i.e.,mudfiow) or flood-related application for exemption and shall state
exemption under section 102(c). -erosion.The Administrator may,subject in what respects the plan fails to comply
§1925.2 Definitions to the requirements of paragraph (a)(5) with the standards set forth in 4 1925.11
-of this section,accept and approve in lieu of this subpart.
The-definitions set forth in Part 1009 of, and as the reasonable equivalent of (c) Upon determining that th&State's
of this subchapter are applicable to this the self-insurance fund, an enforceable plan of-self-insurance equals or-exceeds
Part. _commitment of funds by the State, the the standards set forth in §1925.11 of
§1925.3 Burden of proof. xaforceabllity of which shall be certified this subpart, the Administrator shall
In any application by a State SO to by the State's Attorney-General, or certify that the State is exempt from the
the Administrator a ), for made by ion of its _other principal legal officer.Such funds, requirement for the purchase of flood
self-insurance plan, the of proof -0r enforceable commitment of funds in insurance for State-owned structures
se f- upon the State burden mdeino ap f _amounts not less than the limits of coy- and their contents located or to be lo-
shall rest establish that its kin of self- erase which would be applicable under cated in areas identified by the Adminls-
tion is adequate and equals policy or - Standard Flood Insurance Policies'shall trator as A,AO, M. V.VO, and E Zones.
insurance the standards provided in this _le used by the State for the repair or Such exemption,however,is in all cases
coedsre-
Part. restoration of State-owned structures provisional. The Administrator shall re-
and their contents damaged as a result view the plan for continued compliance
Subpart B—Standards for Exemption of flood-related losses occurring in areas with the criteria set forth in this Part
§ 1925.10 Applicability. identified by the Administrator as A,AO, and may request updated documentation
1d,V.VO,and E Zones. for the purpose of such review. If the
A State shall be exempt from the re- (5) -Provide for the maintaining and plan is found to be inadequate and is not
_Luirement to purchase flood insurance In updating by a designated State official or corrected within ninety days from the
respect to State-owned structures and, agency not less frequently-than annually date that such inadequacies were iden-
where applicable, their contents located of an inventory of all State-owned strut- tilled,the Administrator may revoke his
or to be located in areas identified by the tures and their contents within A.AO,M, certification.
Administrator as A,AO,M,V,VO and E V,VO,and E Zones.The inventory shall: (d) Documentation which cannot rea-
Zones,and in which the sale of flood in- (1) include-the location of individual sonably be provided at the time of appli-
surance has been made available under structures; (fl) include an estimate of cation for exemption shall be submitted
the National Flood Insurance Act of 1969, the current replacement casts of such within six months of the application
as amended,provided that the State has structures and their contents,or-of their Rate.-The Administrator may revoke his
established a plan of self-insurance de- current economic value: and (1U) in- certification for a State's failure to sub-
termined by the Administrator to equal dude an estimate of the anticipated an- mit adequate documentation after the
or exceed the standards set forth in this nual lass due to flood change. six month period.
subpart. (6) Provide the flood loss experience
§1925.11 Standards. for State-owned structures and their - § 1925.14 States- exempt under this
contents based upon incurred losses for pan.
(a) In order to be exempt under this a period of not less than the 5 years Im- The following States have submitted
Part, the State's self-insurance plan. mediately preceding application for ex applications and adequate supporting
shall,as a minimum: emption,and certify that such historical documentation and have been deter-
(1) Constitute a formal policy or plan information shall be maintained and up- mined by the Administrator to be exempt
of self-insurance created by statute or meted, from the requirement of flood insurance
regulation authorized pursuant to stat- (7) Include, pursuant to §1910.12 of on State-owned structures and their con-
ute• this subchapter, a certified copy of the tents because they have in effect ade-
(2) -Specify that the hazards covered Rem plain management regulations set- quate -State plans of self-insurance:
by the self-insurance plan expressly in- ting -forth standards -for State-owned Maine,Georgia,and Oregon.
dude the flood and flood-related hazards properties within A,AO,M.V; VO,and E
which are covered under the Standard f Flood H InsuranceaUrban bat of Development
1e (titlt
Zones. ActI of Lae Housing eveJan. 28, 33
Flood Insurance Potter- (b) The Administrator shall deter- Act of 1968); effective Jan. 1969 (as
(3) Provide coverage to state-owned mine the adequacy of the insurance pro- FR 17804, Nov. 28, 1968), as amended, 42
structures and their contents equal to visions whether they be based on avail- U.S.C. 1-4.C.40128; sod Searetery'e delegat is-
that which would otherwise be available able funds, an enforceable commitment we,,34 sin,680,Feb 27,1969) as Aamended
under a Standard Flood Insurance _of funds commercial insurance,or some 39 FR 2787, Jan. 24, 1974,)
Policy. combination thereof, but has discretion-
(4) Consist of a self-insurance fund to waive specific requirements under this Effective date: This revision becomes
and/or a commercial policy of insurance per. effective on December 1, 1976.
or reinsurance for which provision is 1925.12 Applition by a Sena for Issued: October 18, 1976.
made in statute or regulation and which exemption. 2. Rota= HUNTER,
is funded by periodic premiums or
charges allocated for state-owned-atnm- Application for exemption made nur- Federdi Insurance Administrator.tures and their contents in areas identi- -suant to this Part shall be made by the IFR Doc.78-81040 Filed 10-22-78;8:46 aunt
FEDERAL REGISTER, VOL 41,NO.207—TUESDAY, OCTOBER 26, 1976
.J'5 NO. 3007-Sold
Expiration Date: 1-31-83
-EDERAL EMERGENCY MANAGEMENT AGENCY
WASH INETON, D.C. 20472
NATIONAL FLOOD INSURANCE PROGRAM W(!g ,' ' ry ,
ANNUAL REPORT for LI i c. 'r' = -1:11111
Calendar Year /R �'�--r-.1.}- -,y: 1:;'
i/N 41383
r II
(Please make necessary corrections to the address above.)
INSTRUCTIONS
i) This report should be completed by you or your locally designated Flood Plain Management Administrator (e.g.,your
City Engineer,Director of Utilities,City Planner, etc.).
ii) Please answer every question.
iii) Where additional information is needed, please attach separate sheets.
iv) Please return the report within 30 days of its receipt.
SECTION ONE: Changes and Activities in the Flood Plain
(If you answer "yes" to any question in this section,please provide explanatory information, including when
-appropriate your own map or a copy of the Flood Insurance Rate Map showing the areas affected.) YES NO
A.Was there a change last year of your community's territorial or extraterritorial boundaries? Ti I I '4:1I
I
B. Was there a significant natural change of topography—e.g.,by land erosion or subsidence,sedimentation or ❑ Li
seismic activity—in or near local flood hazard areas?
C. Was there a significant man-made change,such as levees or bridges,-extensive excavation or filling and paving,
in or near local flood hazard areas?
D.Is your community in need of assistance in improving local flood plain management techniques, such as El
planning in the flood plain,regulation interpretation,enforcement procedures, or floodproofing?
-E.Does your community operate a program for the acquisition and relocation of structures in flood hazard areas? n
CI
How many structures were affected by this in the last calendar year?
SECTION TWO: Program Data
A. Has there been a change to your flood-related codes or ordinances? (If yes,please send a certified copy of n
. the new law.) - IA
B. Please tell us the number of permits granted in the last calendar year for new construction,including sub-
stantial repairs or additions to existing structures,inTlood hazard areas shown on your community's Flood
Insurance Rate Map.
C. Please tell us the number of variances granted from the base flood elevations established by FEMA. (A variance
is a grant of relief issued by local officials to an applicant seeking release from the requirements of a flood
plain management ordinance. Base flood elevations are shown on your community's Flood Insurance Rate
Map.) l
D. The numbers printed below were given to FEMA when your community last reported to the National Flood
Insuranc&Program. (If the numbers are inaccurate,please correct them. Provide your best available figures.
If-recise information is unavailable,please give us your best estimates.)
Permanent 1-4 Family All Other
Year-round Structures Structures
Population
I1) In your entire community,including flood hazard areas 5,_ "'i
a �
2) In your community's flood hazard areas only
Name,Title and Signature Telephone No. Date
9 (Include Area-Code)
• .lets ( )
(Keep the last copy.Return the other 4 copies to the address listed above.)
TEMA Form 81-29,SEP 81 I ' REPLACES EDITION OF JAN 81,WHICH MAY NOTBE USED. '
MEMORANDUM FOR: _Chief Executive Officer
-SUBJECT: Annual Report
When your community entered the National Flood Insurance Program, local officials agreed to comply with Section
59.22 of program regulations and submit an annual report to the Federal Emergency Management Agency (FEMA),
describing the progress made during the past year in the implementation of flood plain management measures. The
report enables FEMA to be more responsive to participants in the National Flood Insurance Program.
This report tells us of any needed changes to your community's Flood Insurance Rate Map,of local-flood-protection ef- _
forts,and of any changes of name or address for your office. You are to report amendments of local flood plain manage-
ment ordinances,as well as the number of construction permits and variances granted in your community's flood hazard _
areas. Construction permits would cover any new building in the identified flood plain,including substantial repairs or
additions to existing structures. A substantial repair or addition is one that costs 50 percent or more of the structure's
market value before the work was begun.This information helps us to evaluate the effectiveness of local flood plain regu-
lation.The report also asks for population figures,applicable both to your entire community and to its flood hazard areas
as shown on the Flood Insurance Rate Map. Please give us the best population data available to you. -
This report is to be completed for flood-related activities in the last calendar year. Please separate the last copy for your
records and return the other four copies to this office within 30 days.-Our address is shown on the front side.
•
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GREELEY CIVIC C .-:_ .
GREE-EY. COLCRAL P ,q-. �,la rch 2u , 11981
=N orvE ,ao+ niz
Pear 1'r_,o: . I y Otrner :
The Gr< L1e,, City Council rece : \hal u pci i tlon from residciM. In the
11 )o(1. I area of the Peud r< d i vha rcuu<,sting, the (HI } Cnun<• i !
1 c d0,l,-, ' nod management lire 'aIll 1.1):r I :-onform5 to 11:e 1 < aui I -
Leo 1s O1 t1,i uLiDual P1eod 11.sI ,000. r1 ' I . This program ata i .a:
in atIc<• ' . I order to expend (O ' uaii y Ihaa. ei omen t Illor r : . iu ! iohd
Uri lay. : nC . i ood)cay areas.
Tilt C1 H .L.i.Ci1 referred Lhe i H."17'} to iii- 1il anon ay, l-e: el 'nn
for d7 ::< ' Hr: and considern1 i LI; . '!'I•r. Plaaming me iss ; {a l meet He
is seer i ! ;cd for Tuesday .21-ph : ! 1 -1 , 1921 , .:t 1 : 30 p . m . I 1 the C'onucil
CiianchL , .110 7(5 Street Groh, IL=1 , Colo] ail.) .
if you h:c '.r ..ny ctuest0oil gill: i', hurd L:' this matter' , 9ic'ase co 1101,
1,csi t•Ltr i o eonl.aet me al 53-612/I , ext . 2.12.
Sineerefv ,
icen '.1cYri 11 Lams
City 21itnner
131 : ylp
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p \ ova
"A COMMUNITY OF PROGRESS"
,
oFEDERAL EMERGENCY MAN-AGEM-ENT AGENCY
Washinwton. D.C. 20472
DEC 1 4 1979
CERTIFIED MAIL
RETURN RECEIPT REQUESTED Tr:'
, --- - - t 1/4) '\$1A
Mr. Norm Carlson �l 1 C
Chairman, Board of Weld County ®
4 t ono•
Commissioners \ GR�E�$'�• G
-P.O. Box 459
Greeley, Colorado 80631
Dear Mr. CArlson:
-This is a follow-up to our letter of September 18, 1979 which informed
you of two important changes in your community's status in the National
Flood Insurance Program. these changes are that the Flood Insurance
Rate Study establishing base flood elevations has been carpleted and
published for your aamnunity and that your Flood Insurance Rate Map
(FIRM) would becane effective on March 18, 1980.
You are now reminded that March 18, 1980 is your community's
deadline to enact the required flood plain management measures of
Section 44 CFR 60.3 ( d ) (presently appearing as Section 2-4 CFR 1910.3
of the Program Regulations) in order to maintain its eligibility in the
National Flood Insurance Program.
We hare that your camnunity has initiated its adoption process to meet
the above requirements. If you are encountering difficulties in
-enacting the required measures, we urge you to contact the Office of the
Federal Insurance and Hazard Mitigation Regional Director in
Denver, Colorado at 303-234-6582.
Please consider this -letter as your formal notice. Failure to adopt the
required flood plain management measures in a legally enforceable
instrument before the established deadline, will result in the
suspension of your ccxmnunity's eligibility in the National Flood
Insurance Program in accordance with Section 59.24 of the Program
regulations.
Sincerely,
Gloria M. Jimenez
Federal Insurance Administrator
4W41/111(44I71171...."
By Richard W. Krimm
Acting Assistant Administrator
Office of Program Analysis and Studies
Lei/ ii .( t "
/ / /� 2 y
t .. //x ?`71.3-
OFFICE OF THEPLANNING COMMISSION
BURMAN LORENSON
S ' . 4 PLANNER
"'SSS______ PHONE (303) 3532212 EXT.227, 228& 229
COUNTY SERVICES BUILDING
C GREELEY,COLORADO 80631
iglip
COLORADO
COUNTY OF WELD ex
FIIeC with the Dierk of the Board
July 8 , 1 9 7 4 _or County Commissioners
JUL9 1_974
COUM„CHMM AM!MCCOMOMM
Board of County Commissioners al---,---, _
Weld County Courthouse
Greeley , Colorado 80631
R-E : Application for the Participation in the National Flood
Insurance Program
Gentlemen :
All materials necessary to fulfill application requirements
are contained in the attached folder . Signatures are required
on each of the two ( 2 ) Resolutions enclosed . Two copies of
Form OMB #63-R1404 (Application for Participation in the
National Flood Insurance Program) should be submitted along
with the maps , Resolutions and other enclosures to the Federal
Insurance Administration , Department of Housing and Urban De-
velopment , Washington , D . C . 20410 . One copy of Form OMB #63-R1404
should be submitted to the State Coordinator , Department of
Housing and Urban Development , Region Eight , Federal Building ,
1961 Stout Street , -Denver , Colorado 80202 .
Copies of all information contain-ed in the file will be kept
on record at the Weld County Planning Office . The application
has been reviewed by the Weld County Planning Commission and
their recommendations are enclosed . This application was also
presented at the weekly meeting of the Board of County Commis-
sioners on Jute 5 , 1974 .
If you have any further questions , please f-eel free to contact
-our office .
Sincerely ,
Roy -40s
Planner.
RJ/lj
Attachments
WELD COUNTY COMMISSIONERS
HATiRY S. ASHLEY
GLENN K. BILLINGS
ROY MOSER
DU 9
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