ORDINANCE NO. 209

AN ORDINANCE REGULATING DEVELOPMENT I N SPECIAL FLOOD HAZARD AREAS

Be i t ordained b y t h e County Board o f t h e County o f Champaign, I l l i n o i s , as fo l lows:

Sect ion 1. Purpose. Th is ordinance i s enacted pursuant t o t h e p o l i c e powers granted t o t h i s County by I l l i n o i s Revised Statutes, Chapter 34, Sect ions 414, 415, and 422 i n o rde r t o accompl i s h m l l o w i n g purposes:

t o prevent unwise developments f rom inc reas ing t h e f l o o d o r drainage hazards t o others;

t o p r o t e c t new b u i l d i n g s and major improvements t o b u i l d i n g s from f l o o d damage;

t o p r o t e c t human l i f e and h e a l t h f rom t h e hazards o f f l ood ing ;

t o lessen t h e burden on t h e taxpayer f o r f l o o d c o n t r o l p ro jec ts , r e p a i r s t o flood-damaged p u b l i c f a c i l i t i e s and u t i d i t i e s , and f l o o d rescue and r e l i e f operat ions;

t o ma in ta in p rope r t y values and a s t a b l e t a x base by min imiz ing the p o t e n t i a l f o r c r e a t i n g f l o o d b l i g h t areas;

t o make f e d e r a l l y subsid ized f 1 ood insurance avai 1 ab le f o r p roper ty i n t h e unincorporated areas o f t h e County; and,

t o p rov ide f o r t h e o r d e r l y growth and development o f an environment t h a t i s e s p e c i a l l y s e n s i t i v e t o changes f rom human a c t i v i t y .

Sect ion 2. P rov i s ions f o r Accomplishing t h e Purpose. A l l new development pro- posals i n t h e Spec ia l b lood Hazard Areas s h a l l be reviewed and approved by t h e Zoning Admin is t ra to r . The Zoning Admin i s t ra to r ' s rev iew i s t o ensure t h e f o l l o w i n g :

a. new development w i l l no t change t h e f l o w o f f l o o d o r o ther surface drainage waters so t h a t o the r p rope r t i es become more suscep t i b le t o damage;

b. new developments w i l l n o t c rea te spec ia l hazards o r nuisances when f looded; and

c. new b u i l d i n g s and major improvements t o e x i s t i n g b u i l d i n g s w i l l no t be sub jec t t o damage by t h e base f l ood .

Sect ion 3. C o n f l i c t i n g Ordinances Rescinded: These r e g u l a t i o n s supplement County Board Reso lu t ion 10/8 e n r o l l i n g Champaign County i n t h e Nat iona l Flood Insurance Program. Reso lu t i on 1079, adopted by t h e Champaign County Board on December 10, 1974, dea l i ng w i t h t h e b u i l d i n g permi t and rev iew procedures, and Ordinance No. 85, An Ordinance t o Adopt F lood Hazard Area Development Regulat ions o f Champaign County, I l l i n o i s , adopted by t h e Champaign County Board on November 28, 1978, are hereby rescinded.

Section 4. Def ini t ions . For the purposes of t h i s ordinance, the following defin- i t i o n s are adopted:

"Flood" means: a general and temporary condition of inundation of normally drv land areas from t h e overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source.

"Base Flood" means: t h e flood having a one-percent probabil i ty of being equalled o r exceeded i n any given year. The base flood i s a lso known as 100 year f lood. The base flood elevation a t any location i s as defined Section 5 of t h i s ordinance.

the i n

"SFHA" or " S ~ e c i a l Flood Hazard Area" means: those lands within t he jur i s - dict ion of t ke County t h a t a r e subject t o inundation by the base flood. The SFHAs of t h e County a r e generally iden t i f i ed as such on the Flood Insurance Rate Maps of the County prepared by the Federal Insurance Administration and dated March 1 , 1984.

"Floodway" means: t h a t portion of the SFHA required t o s to re and convey the base f lood, I f not prohibited, building or placing obstructions in a flood- way will increase f lood damages t o other propert ies.

"FPE" or "Flood Protection Elevation" means: t he elevation of the base flood plus one f o o t a t any given location in the SFHA.

"Development" means: any manmade change t o real e s t a t e , including:

( i ) construct ion, reconstruction, o r placement of a building or an addition t o a building valued a t more than $1,000.

( i i ) i n s t a l l ing a mobi l e home on a s i t e or preparing a s i t e f o r a mobile home;

( i i i ) d r i l l i n g , mining, i n s t a l l i ng u t i l i t i e s or f a c i l i t i e s , construction of roads, bridges o r s imilar projects valued a t more than $7,000;

( i v ) construction o r erect ion of levees, walls , or fences;

(v ) f i 11 i ng, dredging, grading, excavating, or other nonagricul tura l a1 t e r - a t ions of t he ground surface;

( v i ) s torage of mater ia ls ; or

( v i i ) any o ther a c t i v i t y t ha t might change t he di rect ion, height, or velocity of f lood or surface waters.

"Development" does not include:

( i ) maintenance of ex i s t ing buildings and f a c i l i t i e s such as re-roofing or re-surfacing roads;

( i i ) gardening, plowing, and s imilar agr icul tura l practices tha t do not involve f i l l i n g , grading, or construction of levees; or

( i i i ) ag r i cu l t u r a l devel opment a c t i v i t i e s on farms i ncl udi ng farm residences as exempted by law.

g. "Building" means: a s t ruc ture t ha t i s p r inc ipa l ly above ground and i s en- closed by wal l s and a roof. The term includes a gas or l iquid storage tank in order t h a t such tanks will be constructed t o t he same flood damage protec- t ion standards. The t e rn includes a mobile home o r prefabricated building which i s a f f ixed on a permanent s i t e and connected t o the required u t i l i t i e s . The term does not include recreational vehicles or t ravel t r a i l e r s .

Section 5. Base Flood Elevation. This ordinance's protection standard i s the base flood according t o t he best data avai lable t o t he I l l i n o i s S t a t e Water Sur- vey's Floodplain Information Repository. Whenever a party disagrees with the best avai 1 able data, he may f i nance the detai 1 ed engineering study needed t o rep1 ace exis t ing data w i t h b e t t e r data and submit i t t o t h e S t a t e Water Survey.

a. The base f lood e levat ion fo r the SFHA's f o r par t s of the Copper Slough, McCullough Creek, Sal ine Branch, Sa l t Fork, Sangamon River, Upper Boneyard Creek, and Phinney Branch shall be as delineated on the 100 year flood prof i l es i n t h e Flood Insurance Study of t he County prepared by the Federal Emergency Management Agency and dated September 1 , 1983.

b. The base f lood e levat ion fo r each of t h e remaining SFHA's delineated as an "A" Zone on t h e Flood Insurance Rate Map of the County shall be the 100 year flood depth ca lcu la ted according t o the formulas presented i n Depth and Frequency of Floods i n I l l i n o i s published by t he U.S. Geological Survey 1976.

Section 6. Development Permit. No person, f irm, or corporation, or other govern- mental body not exempted by law, shall commence any development in the SFHA with- out f i r s t obtaining a development permit from the Zoning Administrator. The Zoning Adnini s t r a t o r sha l l not i ssue a development permit i f the proposed development does not meet the requirements of t h i s ordinance.

a. Application f o r a development permit shal l be made on a form provided by the Zoning Administrator. The application shal l be accompanied by drawings of the s i t e drawn t o sca le showing property l i n e dimensions and in those par t s of the s i t e t h a t a r e below the base flood elevation

( i ) ex i s t i ng grade elevations and a l l changes i n grade resul t ing from exca- vation o r f i l l i n g ;

( i i ) t he d i r e c t i o n of flow of surface drainage and flood flows;

( i i i ) t he loca t ion of a1 1 watercourses and drainage faci 1 i t i e s ;

( i v ) t he loca t ion and dimensions of a l l buildings and additions t o build- ings; and

( v ) the e leva t ion of the lowest f l o o r ( including basement) of a l l buildings subject t o t he requirements of Section 8 of t h i s ordinance.

b. Upon rece ip t of an application f o r a development permit, the Zoning Admin- i s t r a t o r sha l l compare the elevation of the s i t e t o the base flood elevation.

Any development located on natural ground higher than the base flood elevation i s not i n t he SFHA and there fore not subject t o the requirements of t h i s ordi nance.

c . The Zoning Admini s t r a t o r shall inform the appl i can t of any and a1 1 other local , s t a t e , and federal permits t h a t may be required f o r t h i s type of development ac t i v i t y . The development permit wi l l only be issued on the condition t h a t t he other specified permits a r e obtained. The Zoning Administrator shal l not i ssue a Zoning Use Permit or Zoning Compliance Cer t i f i ca te unless a1 1 required permi t s have been obtained.

Section 7. Preventing Increased Damages.

a. No development in the SFHA shal l c r ea t e a damaging or potent ia l ly damaging increase i n flood heights or velocity.

( i ) For development proposals located i n an iden t i f i ed floodway or within a r i ve r ine SFHA where the floodway has not y e t been iden t i f i ed , the f o l - lowing ru l e shal l apply: The Zoning Administrator shall review the development plans t o discern i f

( a ) a new obstruction t o flood flows would be created;

( b ) t h e project wi l l involve a channel crossing such as a bridge or p ipel ine; or -

( c ) t h e project wi l l modify t he shape of t he channel.

If any of these th ree s i t ua t i ons will r e s u l t from the project , the appl icant shal l be required t o obtain a permit from the I l l i n o i s Department of Transportation, Division of Water Resources, issued pur- suant t o I l l . Rev. S t a t . , Ch. 19, Sec. 70. The Zoning Administrator sha l l not i ssue a development permit unless the applicant has obtained e i t h e r a Section 70 permit o r a "waiver of permit required" from the Division of Water Resources.

( i i ) For development proposals located i n a f lood f r inge , i n a lakefront f loodplain , ponding area, area of sheet flow, or other SFHA not subject t o overbank flooding from an iden t i f i ed channel, the requirement of t h i s subsection 7.a. shal l n o t apply.

b. No development in t he SFHA shal l include locat ing or storing chemicals, ex- plosives, bouyant mater ia ls , flammable l iqu ids , pol lutants , or other hazard- ous or t ox i c mater ia ls below the FPE unless such materials are stored i n a storage tank o r floodproofed building constructed according t o the require- ments of Section 8.c of t h i s ordinance.

c. New and replacement sani tary sewer l i n e s and on-s i te waste disposal systems may be permitted providing a l l manholes o r o ther above ground openings located below the FPE a r e watert ight .

Section 8. Protecting Buildings. In addit ion t o t h e damage prevention require- ments of Section /, a l l buildings t o be located i n t h e SFHA shall be protected from flood damage below t h e FPE. This building protection requirement applies t o the following s i t ua t i ons :

construction or placement of a new building valued a t more than $1,000;

improvements made to an existing building tha t increase the f i r s t f loor area by more than 20%;

reconstruction or repairs made t o a damaged building that are valued a t or more than 50% of the value of the building before the damage occurred; and

i n s t a l l i n g a mobile home on a new s i t e or a new mobile home on an exis t ing s i t e . This building protection requirement does not apply t o returning a mobile home t o the same s i t e i t lawfully occupied before i t was removed t o avoid flood damage.

This building protection requirement nay be met by any one of the following methods:

a. A building nay be constructed on permanent land f i l l in accordance with the following:

( i ) The area t o be f i l l e d shall be cleared of a l l standing t rees , brush, down timber, t rash, and other growth or objects unsuitable for use as foundati on materi a1 .

( i i ) The f i l l shall be placed in layers no greater than 1 foot deep before compaction.

( i i i ) Top of f i 11 should be a t or above the FPE. The f i 11 should extend a t l e a s t ten f ee t beyond the foundation of the building before sloping below the FPE. The lowest f loor , including jo i s t s , i f any, shall be a t or above the FPE.

The f i 11 shall be protected against erosion and scour during flooding by vegetative cover, r i p rap, or bulkheading. I f vegetative cover i s used, the slopes shall be no steeper than 3 horizontal t o 1 ver t ical .

The f i l l shall not adversely affect the flow of surface drainage from or onto neighboring properties.

The Zoning Administrator shall maintain a record of the "as bui l t" elevation of the lowest f loor of the building.

b. A building may be elevated in accordance with the following:

( i ) The building or improvements shall be elevated on s t i l t s , pi les , walls, crawl space, or other foundation tha t i s permanently open to flood waters and not subject t o damage by hydrostatic pressures.

( i i ) The foundation and supporting members shall be anchored, shaped and aligned so as t o minimize exposure t o known hydrodynamic forces such as current, waves, and floating debris.

( i i i ) Each mobile home shall be anchored t o r e s i s t f lo ta t ion , collapse, or l a t e ra l movement by providing over-the-top and frame t i e s to ground anchors. Specific requirements shall be:

( a ) over-the-top t i e s shall be provided a t each of the four (4 ) corners of the mobile home, with two ( 2 ) additional t i e s per side or inter- mediate locations and mobile homes less than f i f t y (50) fee t long shal l require one ( 1 ) additional t i e per side;

( b ) frame t i e s shall be provided a t each corner of the mobile home with f i v e ( 5 ) additional t i e s per side a t intermediate points, and mobile homes less than f i f t y (50) f ee t long shall require four ( 4 ) additional t i e s per side;

( c ) a l l components of the anchoring system shall be capable of carrying four thousand eight hundred (4,800) pounds; and,

(d l any additions to the mobile home shall be similarly anchored.

( i v ) No mobile home may be placed on a new s i t e located within an identified f 1 oodway .

( v ) All areas below the FPE shall be constructed of materials resis tant t o flood damage. The lowest f loor , including jo i s t s , i f any, and a l l u t i l i t y meters shall be located a t or above the FPE.

( v i ) The Zoning Administrator shall maintain a record of the "as bui l t" elevation of the lowest f loor . -.

( v i i ) No area below the FPE shall be used fo r storage of i tems or materials subject t o flood damage unless such items or materials are declared "property not covered" by a Standard Flood Insurance Policy of the National Flood Insurance Program.

(vi i i )Any fu tu re a l te ra t ion of the area below the FPE that violates the re- quirements of t h i s Section 8 . b shall be deemed a violation of t h i s ordinance. The Zoning Administrator shall inform the applicant that any such a1 terat ion i s considered a wi 1 l ful act t o increase flood damages and therefore will cause coverage by a Standard Flood Insurance Policy t o be suspended.

c. A non-residential building may be floodproofed in accordance with the follow- ing:

(i ) A Registered Professional Engineer shall ce r t i fy that the building has been designed so that below the FPE, the s t ructure and attendant u t i l i - t y f a c i l i t i e s are water-tight and capable of resis t ing the affects of the base flood. The building design shall take into account flood ve loc i t ies , duration, r a t e of r i se, hydbostatic and hydrodynamic forces , the e f fec ts of buoyancy, and impacts from debris or ice.

( i i ) Floodproofing measures shall be operable without human intervention and without an outside source of e l ec t r i c i ty .

( i i i ) The Zoning Administrator shall maintain the engineer's ce r t i f i ca t e and a record o f the "as bui l t" elevation t o which the building was flood- proof ed.

Section 9. Other Development Requirements. The County Board shall take in to account flood hazards, t o t h e extent t h a t they a re known, in a l l o f f i c i a l actions related t o land management, use and development.

a. New subdivisions, mobile home parks, and planned uni t developments (PUDs) shall meet t h e requirements of Section 7 and 8 of t h i s ordinance. Pla ts or plans fo r new subdivisions, mobile home parks, and planned unit developments ( PUDs) shal l include a signed statement by a Regi s tered Professional Engineer t ha t the p l a t or plans account f o r changes in t he drainage of surface waters in accordance with t h e P la t Act ( I l l i n o i s Revised S t a t u t e s ) , Chapter 109, Section 2.

b. Pla t s or plans f o r new subdivisions mobi l e home parks, and planned unit developments (PUDs) sha l l display t he f o l l owing flood data:

( i ) the boundary of t he SFHA;

( i i ) the boundary of a1 1 floodways or Areas of S t a t e Concern, i f shown on avai 1 able SFHA maps;

( i i i ) easements of lands dedicated t o t h e County f o r access fo r channel maintenance purposes; and

( i v ) the FPE f o r each building s i t e . Where t he Base Flood Elevation i s not avai lable from an ex i s t ing study Ti led with t he I l l i n o i s S ta te Water Survey, the applicant shal l be responsible f o r calcula t ing the FPE and submitting i t t o the S t a t e Water Survey f o r review and approval as best avai 1 able e levat ion data.

( v ) I f a f lood protection project or other action removes the development from the SFHA, t he data required by t h i s subsection 9.b. need not be di spl ayed.

c. Plans fo r t h e development a c t i v i t i e s t o be undertaken by the County in the SFHA shal l be reviewed by the Zoning Administrator t o ensure t ha t they comply with t h i s Ordinance. Except as exempted by law, no other local government shall commence any development a c t i v i t y in t he SFHA without f i r s t obtaining a development permit from the Zoning Administrator.

d. The County Board sha l l take the following i n t o consideration when preparing or revising t he comprehensive plan, community development program, housing assistance plan, and other land use o r development programs:

( i ) preserving SFHA 1 and fo r open space uses such as farming or recreation;

( i i ) acquiring and removing frequently flooded buildings;

( i i i ) prohibit ing hosp i ta l s , water treatment p lan t s , natural gas storage and other c r i t i c a l o r especia l ly hazardous f a c i l i t i e s from locating in the SFHA;

( i v ) ident i fying t h e elevations of t he base flood and past floods a t entrances t o public buildings, on s t r e e t s igns , o r other prominent locat ions; and

( v ) o the r f l o o d hazard m i t i g a t i o n o r f l o o d p l a i n management a c t i v i t i e s t h a t ' cou ld h e l p accomplish the purposes o f t h i s ordinance.

Sect ion 10. Variances. Upon a p p l i c a t i o n f o r a var iance a p u b l i c hear ing s h a l l be h e l d by the County Board 's Environment and Land Use Committee. No l ess than f i f t e e n (15) days and no more than t h i r t y (30) days n o t i c e s h a l l be g iven i n a newspaper of genera l c i r c u l a t i o n i n t h e County and by c e r t i f i e d mai l t o p roper ty owners o f reco rd whose p r o p e r t y l i e s w i t h i n a 250 f o o t rad ius o f t he e x t e r i o r boundaries o f t h e p r o p e r t y f o r which t h e var iance i s being appl ied. I n cases where t h e Zoning Admin i s t ra to r decides more ex tens ive e f f e c t o f f l o o d i n g may be invo lved i n g r a n t i n g t h e variance, he may a t h i s d i s c r e t i o n o r a t t h e d i r e c t i o n o f t he County Environment and Land Use Committee, n o t i f y p rope r t y owners a t a g reater d is tance than 250 fee t f rom t h e boundaries o f t h e p rope r t y involved.

a. No var iance s h a l l be granted unless t h e app l i can t demonstrates t h a t :

( i ) t h e devel opment a c t i v i t y cannot be 1 ocated outs ide t h e SFHA;

( i i ) a s u b s t a n t i a l economic hardship would r e s u l t i f t h e var iance were n o t granted;

( i i i ) t h e r e l i e f requested i s t h e minimum necessary;

( i v ) t h e r e w i l l be no a d d i t i o n a l t h r e a t t o p u b l i c h e a l t h o r sa fe ty o r c r e a t i o n o f a n u i sance;

( v ) t h e r e w i l l be no a d d i t i o n a l p u b l i c expense f o r f l o o d pro tec t ion , rescue o r r e l i e f operat ions, p o l i c i n g , o r r e p a i r s t o roads, u t i l i t i e s , o r o t h e r p u b l i c f a c i l i t i e s ; and

( v i ) t h e p r o v i s i o n s o f subsect ion 6.c o f t h i s Ordinance can s t i l l be met.

b. The Zoning A d m i n i s t r a t o r s h a l l n o t i f y an app l i can t i n w r i t i n g t h a t a var iance f rom t h e requi rements o f Sect ion 8, t h a t would lessen the degree o f protec- t i o n t o a b u i l d i n g , w i l l :

( i ) r e s u l t i n increased premium r a t e s f o r f l o o d insurance up t o amounts as h i g h as $25 f o r $100 o f insurance coverage;

( i i ) i nc rease t h e r i s k s t o l i f e and proper ty ; and

( i i i ) r e q u i r e t h a t t h e app l i can t proceed w i t h knowledge o f these r i s k s and t h a t he w i l l acknowledge i n w r i t i n g t h a t he assumes t h e r i s k and l i a b i l i t y .

c. A var iance f r o m t h e requirements o f Sect ion 8 may be granted t o permi t a "wet f loodproofed" b u i l d i n g , t h a t i s : a b u i l d i n g t o be i n t e n t i o n a l l y f looded du r ing a f l o o d , prov ided:

( i ) No p a r t of such a b u i l d i n g below t h e FPE may be subject t o f l o o d damage.

( i i ) The variance sha l l be conditioned on t he contents being:

( a ) of mater ia ls r e s i s t a n t t o flood damage; or

( b ) items declared "property not covered" by a Standard Flood Insurance Policy of t he National Flood Insurance Program; or

( c ) r ead i l y moveable t o a place of protection during a flood provided t he r e wi l l be personnel avai lable and adequate warning.

( i i i ) Any f u t u r e a l t e r a t i o n of the area below the FPE t h a t v iola tes the con- d i t i ons of t h e variance shal l be deemed a viol at ion of t h i s ordinance. The Zoning Administrator shal l inform the applicant t h a t any such a l t e r a t i o n i s considered a w i l l f u l a c t t o increase flood damages and there fore wi l l cause coverage by a Standard Flood Insurance Policy t o be suspended.

d . Variances requested i n connection with res to ra t ion of a s i t e or building doc- umented as worthy of preservation by t h e I l l i n o i s Department of Conservation may be granted using c r i t e r i a more permissive than the requirements of Subsection 10.a.

Section 11. Disclaimer of L iab i l i ty . The degree of flood protection required by this Ordinance is considered reasonable f o r r-egul atory purposes and i s based on available information derived from engineering and s c i e n t i f i c methods of study. Larger floods may occur or f lood heights may be increased by man-made or natural causes. This Ordinance does not imply t h a t development e i t h e r ins ide or outside of the SFHA will be f r e e from flooding or damage. This Ordinance does not c rea te l i a b i l i t y on t h e par t of t he County or any o f f i c e r or employee thereof f o r any flood danaqe t h a t r e s u l t s from re l i ance on t h i s Ordinance or any administrative deci s i on made 1 awful l y thereunder.

Section 12. Penalty and Enforcement. The Zoning Admi ni s t r a t o r may due invest igat ion t h a t a v iola t ion of t h e minimum standards of t h i s ex i s t and a f t e r such owner f a i l s a f t e r ten days not ice t o correct h the County through t he S t a t e ' s Attorney may make application t o the f o r an injunction requir ing conformance with t h i s Ordinance or make order as the cour t sees necessary t o secure compliance with t he Ord

determine upon Ordinance

i s property, c i r c u i t court such other

i nance . I f any person, firm, o r corporation shal l commence any construction, substantial improvement, placement of a mobile home o r other development i n areas located in a Special Flood Hazard Area without f i r s t obtaining a permit from the Zoning Adrnin- i s t r a t o r , the Zoning Administrator, through t h e Office of t he S t a t e ' s Attorney, may make application t o t h e c i r c u i t court f o r a temporary res t ra ining order, f o r a preliminary in junct ion, and f o r a perman'ent injunction res t ra in ing the person, firm or corporation from continuing construct ion, improvement, placement or other development u n t i l t h a t person, firm o r corporation has obtained a permit from the Zoning Administrator.

Any person who v io l a t e s t h i s Ordinance shal l upon conviction thereof be fined not 1 ess than twenty-f i ve do1 1 a r s ($25.00) nor more than two-hundred do1 1 a r s ($200.00). A separate offense shall be deemed committed upon each day during or on which a v io la t ion occurs o r continues. Fa i lu re t o comply with the requirements of a permit o r condi t ions of a variance resolut ion shal l be deemed t o be a viola- t ion of t h i s Ordinance. Nothing herein shal l prevent the County from taking such

other l aw fu l a c t i o n t o prevent o r remedy any v i o l a t i o n s . A1 1 cos ts connected therewi th s h a l l accrue t o t h e person o r persons responsib le.

Sect ion 13. Abrogat ion and Greater R e s t r i c t i o n s . Th is Ordinance i s no t in tended t o repeal, abrogate, o r impa i r any e x i s t i n g easements, covenants, o r deed r e s t r i c - t i ons . However, where t h i s Ordinance and o ther ordinance, easement, covenant, o r deed r e s t r i c t i o n c o n f l i c t o r overlap, whichever imposes t h e more s t r i n g e n t res - t r i c t i o n s s h a l l p reva i 1.

Sect ion 14. S e p a r a b i l i t y . The p rov i s ions and sec t ions o f t h i s Ordinance s h a l l be deemed separable and t h e i n v a l i d i t y o f any p o r t i o n o f t h i s Ordinance s h a l l no t a f f e c t t h e v a l i d i t y o f t h e remainder.

Sect ion 15. E f f e c t i v e Date. This Ordinance s h a l l be i n f u l l f o r c e and e f f e c t from and a f t e r i t s passage and approval and p u b l i c a t i o n , as requ i red by law.

PASSED by t h e County Board o f t he County o f Champaign, I l l i n o i s t h i s 17 th day o f 1 984 -' -

APPROVED by me t h i s 17 th day of //

~ a n u T r ~ , 1984.

G%4. a-1 'YChai rman)

ATTESTED and FILED i o f f i c e t h i s 17 th day o f January , 1984.

Chapter I-Federal Emergency Management Agency

PART 58-[RESERVED ]

NATIONAL FLOOD INSURANCE PROGRAM

PART 59-GENERAL PROVISIONS

Subpart A--General

Sec. 59.1 Definitions. 59.2 Description of program. . 59.3 Emergency program. 59.4 References.

Subpart B-Eligibility Requirements

59.21 Purpose of subpart. 59.22 Prerequisites for the sale of flood

insurance. 59.23 Priorities for the sale of flood insur-

ance under the regular program. 59.24 Suspension of community eligibility.

AUTHORITY: Sec. 7(d), 7 9 Stat. 670; 42 U.S.C. 3535(d); Sec. 1306, 82 Stat. 575; 42 U.S.C. 4013; sec. 1361, 82 Stat. 587; 42 U.S.C. 4102; Reorganization Plan No. 3 of 1978 (43 FR 41943) and Executive Order 12127, dated March 31, 1979 (44 F R 19367) and delegation of authority t o Federal Insurance Administrator (44 F R 20963), unless otherwise noted.

Source: 4 1 FR 46968. Oct. 26. 1976. + ---less otherwise noted. ~ e d e s i ~ n a t e d a t 44 ?k.. 31177. May 31,1979.

Subpart A-General

8 59.1 Definitions. As used in this subchapter- "Accounting period" means any annual

period during which the Agreement is in effect. Each accounting period under the Agreement applies separately t o all policies issued under the Program during the time period.

"Act" means the statutes authorizing the National Flood Insurance Program that are incorporated in 42 U.S.C. 4001-4128.

'*Actuarial mtes"-see "risk premium rates."

"Administrator" means the Federal Insurance Administrator, to whom the Director has delegated the administration of Program (34 FR 2680-81, February 27, 1969, as amended 39 FR 2787, January 24, 197 4).

"Affi1iutesV' means two or more as- sociated business concerns which are or can be directly or indirectly controlled b y one or more of the affiliates or by a third party.

"Agency " means the Federal Emergency Management Agency, 1725 I Street, NW, Washington DC 20472.

"Agreement" means the contract entered into for the term of any accounting period by and between the Administrator and the Association whereby the Association or its subcontractors will sell policies of flood

urance under the Program within areas q i ignated-by the Administrator and will

adjust and pay claims for losses arising under such policies. The Agreement is renewed automatically with respect to each subse-

quent accounting period unless either the Administrator or the Association gives the other written notice of intention t o termi- nate on or before January 31 of the then current accounting period.

"Applicant" means a community which indicates a desire to participate in the Program.

"Appurtenant Structure" means a struc- ture which is on the same parcel of property as the principal structure t o be insured and the use of which is incidental to the use of the principal structure.

"Area of shallow flooding" means a designated A0 or VO Zone on a community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

"Area of special flood-related erosion hazard" is the land within a community which is most likely t o be subject to severe flood-related erosion losses. The area may be designated as Zone E on the Flood Hazard Boundary Map (FHBM). After the detailed evaluation of the special flood-related ero- sion hazard area in preparation for publica- tion of the FIRM, Zone E may be further refined.

"Area of speck1 flood hazard" is the land in the flood plain within a community subject t o a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the FHBM. After detailed ratemaking has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, A1-99, VO, and V1-30.

"Area of special mudslide (ie., mudflow) hazard" is the land within a community most likely t o be subject t o severe mudslides (i.e., mudflows). The area may be designated as Zone M on the FHBM. After the detailed evaluation of the special mudslide (i.e., mudflow) hazard area in preparation for publication of the FIRM, Zone M may be further refined.

"Associution" means the National Flood Insurers Association discussed in Parts 6 1 and 6 2 of this subchapter, and is the private insurance industry pool composed of two or more of its members or any member acting for o r o n behalf of the Association under the Agreement.

Base flood" means the flood having a one percent chance of being equalled or ex- ceeded in any given year.

"Building"--see "structure. " "Chargeable rates" mean the rates estab-

lished by the Administrator pursuant to section 1308 of the Act for first layer limits of flood insurance on existing structures.

"Chief Executive Officer" of the commu- nity ("CEO") means the official of the community who is charged with the author- ity t o implement and administer laws, ordi- nances and regulations for that community.

"Coastal high hazard area" means the area subject to high velocity waters, includ- ing but not limited to hurricane wave wash or tsunamis. The area is designated o n a FIRM as Zone V1-30.

"Community" means any State or area o r

political subdivision thereof, or any Indian tribe or authorized tribal organization, o r Alaska Native village or authorized native organization, which has authority to adopt and enforce flood plain management regula- tions for the areas within its jurisdiction.

"Contents coverage" is the insurance on personal property within an enclosed struc- ture, including the cost of debris removal, and the reasonable cost of removal of contents to minimize damage. Personal prop- erty may be household goods usual o r incidental to residential occupancy, or mer- chandise, furniture, fixtures, machinery, equipment and supplies usual to other than residential occupancies.

"Criteria" means the comprehensive cri- teria for land management and use for. flood-prone areas developed under 42 U.S.C. 4102 for the purposes set forth in Part 60 of this subchapter.

"Curvilinear Line" means the border o n either a FHBM or FIRM that delineates the special flood, mudslide (i.e., mudflow) and1 or flood-related erosion hazard areas and consists of a curved or contour line that follows the topography.

"Deductible" means the fixed amount o r percentage of any loss covered by insurance which is borne by the insured prior t o t h e insurer's liability.

"Development" means any manmade change t o improved or unimproved real es- tate, including but not limited t o buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling opera- tions.

"Director" means the Director of the Federal Emergency Management Agency.

Eligible community" o r "participating community" means a community for which the Administrator has authorized the sale of flood insurance under the National Flood Insurance Program.

'Tmergency Flood Insurance Program" or "emergency program " means the Program as implemented on an emergency basis in accordance with section 1336 of the Act. It is intended as a program to provide a first layer amount of insurance on all insurable structures before the effective date of the initial F M .

"Erosion" means the process of the grad- ual wearing away of land masses. This peril is not per se covered under the Program.

Exception" means a waiver from the positions of Part 60 of this subchapter directed t o a community which relieves it from the requirements of a rule, regulation, order or other determination made or issued pursuant t o the Act.

"Existing construction" means for the purposes of determining rates, structures for which the "start of construction" com- menced before the effective date of the FIRM or before January 1 , 1975, for FIRMS effective before that date. "Existing con- struction" may also be referred to as "exist- ing structures."

"Existing mobile home pork or mobile home subdivision," means a parcel (or con- tiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for ser- vicing the lot on which the mobile home is

Tide 44-Emergency Management and Assistance '

to be affixed (including, at a minimum, the installation of utilities, either final site grad- ing or the pouring of concrete pads, and the construction of streets) is completed before the effective date of flood plain management regulations adopted by a community.

"Expansion to an existing mobile home park or mobile home subdivision" means the preparation of additional sites by the con- struction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets).

"Existing structures" see "existing con- struction "

"Fedeml agency" means any department, agency, corporation, or other entity o r instrumentality of the executive branch of the Federal Government, and indudes the Federal National Mortgage Association and the Federal Home Loan Mortgage Corpora- tion.

"Federal instrumentality responsible for the supenision, approval, regulation, o r in- suring of banks, savings and b a n associa- tions, o r similar institutions" means the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Cor- poration, the Comptroller of the Currency, the Federal Home Loan Bank Board, the Federal Savings and Loan Insurance Corpo- ration, and t h e National Credit Union Ad- ministration.

"Financial assistance" means any form of loan, grant, guaranty, insurance, payment,. rebate, subsidy, disaster assistance loan or grant, or any other form of direct o r indirect Federal assistance; other than general o r special revenue sharing or formula grants made to States.

"Financial assistance for acquisition o r construction purposes" means any form of financial assistance which is intended in whole o r in part for the acquisition, con-' struction, reconstruction, repair, o r improve ment of any publicly or privately owned building or mobile home, and for any machinery, equipment, fiitures, and furnish- ings contained or t o be contained therein, and shall indude the purchase or subsidiza- tion of mortgages or mortgage loans but shall exclude assistance pursuant to the Dis- aster Relief Act of 1974 other than assist- ance under such Aet in connection with a flood. It includes only financial 'assistance insurable under the Standard Flood Insur- ance Policy.

"First-layer coverage" is the maximum amount of structural and contents insurance coverage available under the Emergency Pro- gram.

"Flood" o r '*Flooding" means: (a) A general and temporary condition of

partial or complete inundation of normally 'dry land areas from:

(1) The overflow of inland or tidal waters.

(2) The unusual and rapid accumulation or runoff of surface waters from any source.

(3) Mudslides (i.e., mudflows) which are proximately caused or precipitated by a o cumulations of water on or under the ground.

(b) The collapse or sulsidence of land

along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceed- ing anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood o r an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in (a ) ( l ) of this section.

"Flood elevation determination" means a determination by the Administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent o r greater chance of occurrence in any given year.

'Ylood elevation study" means an exami- nation, evaluation and determination of flood hazards and, if appropriate, corre- sponding water surface elevations, o r an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood- related erosion hazards.

"Flood Hazard Boundary Map" (FHBM) means an official map of a community, issued by the Administrator, where the boundaries of the flood, mudslide (i.e., mudflow) related erosion areas having special hazards have been designated as Zone A, M, andlar E.

"Flood insurance" means the insurance coverage provided under the Program.

"Flood Insurance Rate Map" (FIRM) 'means an official map of a c6mmunity, o n which the Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community.

''Flood Insurance Study" see "Flood elevation study."

"Flood plain" o r 'vflood-prone area" means any land area susceptible t o being inundated by water from any source (see definition of "flooding").

"Flood plain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emer- gency preparedness plans, flood control works and flood plain management regula- tions.

"Flood plain management. regulations" means zoning ordinances, subdmlslon regula- tions, bugding codes,. health .regulations, special purpose ordinances (such as a flood plain ordinance, grading ordinance and ero- sion control ordinance) and other applica- tions of police power. The term describes such state or local regulations, in any com- bination thereof, which provide standards for the purpose of flood damage prevention and reduction.

"Flood protection system" means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard" and the extent o f the depths of associated flooding. Such a system typically includes hurricane tidal bamers, darns, res- ervoirs, levees or dikes. These specialized flood modifying works are those constructed

in conformance with sound engineer ..., standards.

"Flood proofing" means any combina- tion of structural and non-structural addi- tions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate o r improved real property, water and sanitary facilities, structures and their contents.

"Flood-related erosion" means the col- lapse o r subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding.

Flood-related erosion area " or flood-re- luted erosion prone area" means a land area adjoining the shore of a lake or other body of water, which due t o the composition of the shoreline or bank and high water levels or wind-driven currents, is likely t o suffer flood-related erwion damage.

"FIood-related erosion area management" means the operation of an overall program of corrective and preventive measures for reducing flood-related erosion damage, in- cluding but not limited t o emergency pre- paredness plans, flood-related erosion con- trol works, and flood plain manageme- ' \

regulations. "Floodway '"see ''regulatory floodway. '. "Fbodumy encroachment lines" mean

the lines marking the limits of floodways on Federal, State and local flood plain maps.

''Freebomd" means a factor of safety usually expressed in feet above a flood level for purposes of flood plain management, "Freeboard" tends to compensate for the many unknown factors that could con- tribute to flood heights greatei than the height calculated for a selected size flood and floodway conditions, such as wave action, hridge openings, and the hydrological effect of urbanization of the watershed.

"General Counsel" means the General counsel of the Federal Emergency Manage- ment Agency.

"Habitable Floor" means any floor usa- ble for living purposes, which includes working, sleeping, eating, cookihg or r e k a - tion. o r a combination thereof. A floor used onl; for storage purpases is not a "Habitable Floor."

"Independent scientific body '* means a non-federal technical or scientific organiza- tion involved in the study of land use planning, flood plain management, hydrol- ogy, geology, geography, or any other re- lated field of study concerned with flooding.

"Insurance adjustment organization" means any organization or person engaged in the business of adjusting losa claims arising under the Standard Flood Insurance Policy.

"Insurance company" or "insurer" means any person or organization authorized engage in the insurance business under L.

laws of any State. "Mangrove stand" means an assemblage

of mangrove trees which are mcstly low

<

Chapter \--Federal Emergency Management Agency

es noted for a copious development of 'erlacing adventitious roots above the

ground and which contain one or more of the following species: Black mangrove (Avicennia Nitida); red mangrove (Rhi- zophora Mangle); white mangrove (Lan- guncularia Racemosa); and buttonwood (Conocarpus Erecta).

Map" means the Flood Hazard Boundary Map (FHBM) or the Flood Insurance Rate map. (FIRM) for a community issued by the Federal Insurance Administration.

"Mean sea level" means t h e average height of the sea for all stages of the tide.

"Mobile home" means a structure, trans- portable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foun- dation when connected to the required utilities. It does not include recreational vehicles o r travel trailers. The term includes, but it is not limited to, the definition of "mobile home" as set forth in regulations governing the Mobile Home Safety and Construction Standards Program (24 CFR 3282.7(a)).

"Mobile home park or mobile home sub- division"--see "existing mobile home pork o r mobile home subdivision" or "new mobile home park or mobile home subdivision "

"Mudslide" (i.e., mudflow) describes a condition where there is a river, flow or inundation of liquid mud down a hillside usually as a result of a dual condition of loss of h u s h cover, and the subsequent accumu- h t i o n of water on or under the ground

.?ceded by a period of unusuaIly heavy or ,Lfstained rain. A mudslide (i.e., mudflow) may occur as a distinct phenomenon while a landslide is in progress, and will be recog- nized as such by the Administrator only if the mudflow, and not the landslide, is the proximate cause of damage that occurs.

'Mudslide ( ie, mudflow) prone area" means an area with land surfaces and slopes of unconsolidated material where the his- tory, geology and dimate indicate a poten- tial for mudflow.

"Mudslide (ie., mudflow) area manage- ment" means the operation of an overall program of corrective and preventive meas- ures for reducing mudslide (i.e., mudflow) damage, including but not limited to emer- gency preparedness plans, mudslide control works, and flood plaii management regula- t ions

"National Flood Insurers Association " is the industry flood insurance pool authorized by the Director in accordance with sections 1331 and 1332 of the Act (see UAgreement'' and "Association*) (42 U.S.C. 4051-4052). The Association headquarters are currently located a t 1755 South Jefferson Davis High- way, Suite 1102, Arlington, Virginia 22202 (703) 920-8830.

"fiew construction" means, for the pur- pose of determining insurance rates, s t r u c tures for which the "start of construction" commenced on o r after the effective date of an initial FIRM or after December 31,1974, whichever is later. For flood plain manage-

.ent purposes, "new construction" means ;uctures for which the "start o f construe

tion" commenced on or after the effective date of a flood pIain management regulation adopted by a community.

"New mobile home park or mobile home subdivision" means a parcel. (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for.senticing the lot on which the mobile home is t o be affixed (including a t a minimum, the instal- lation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of flood plain man- agement regulations adopted by a com- munity.

"I 00-vear flood" see "base flood. " '%rt&ipafing community," also known

as an "eligible community," means a com- munity in which the Administrator has authorized the sale of flood insurance.

. "Person" includes any individual or group of individuals, corporation, partnership, as- sociation, or any other entity, including State and local governments and agencies.

"Policy" means the Standard Flood Insur- ance Policy.

"Premium" means the total premium payable by the insured for the coverage o r coverages provided under the policy. The calculation of the premium may be based upon either chargeable rates o r risk premium rates, or a combination of both.

"Principally above ground"means that a t least 51 percent of the actual cash value o f the structure, lessland value, is above ground.

"Program" means the National Flood Insurance Program authorized by 42 U.S.C. 4001-4128.

"Project cost" means the total financial cost of a flood protection system (including design, land acquisition, construction, fees, overhead, and profits), unless the Federal Insurance Administrator determines a given "cost" not t o be a part of such roject cost.

"Regular Program" means &e Program authorized by the Act under which risk premium rates are required for the f i s t half of available coverage (also known as " f i i layer" coverage) for dl new construction and substantial improvements started o n o r after the effective date of the FIRM, or after December 31, 1974, for FIRM'S effective o n o r before that date. A11 buildings, the con- struction of which started before the effec- tive date of the FIRM, or before January 1, 1975, for FIRMS effective before that date, are eligible for fist layer coverage at either subsidized rates or risk premium rates, whichever are lower. Regardless of date of construction, risk premium rates are always required for the second layer coverage and such coverage is offered only after the Ad- ministrator has completed a risk study for the community.

"Regulotory floodway" means the chan- nel of a river or other watercourse and the adjacent land areas that must be reserved in order t o discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

"Risk premium rates" mean those rates established by the Administrator pursuant to individual community studies and investiga- tions which are undertaken to provide flood insurance in accordance with Section 1307 of the Act and the accepted actuarial prin- ciples. "Risk premium rates" include provi- sions for operating costs and allowances.

"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

"Sand dunes" mean naturally occurring accumulations of sand in ridges or mounds landward of the beach.

Second layer coverage" means an addi- tional limit of coverage equal t o the amounts made available under the Emergency Pro- gram, and made available under the Regular Program only where authorized by the Ad- ministrator.

"Servicing company" means a corpora- tion, partnership, association, or any other organized entity which subcontracts with the National Flood Insurers Association t o service insurance policies under the National Flood Insurance Program for a particular area.

"Sheet flow area"-see "area of shallow flooding. "

"Special Hazard Area" means an area having special flood, mudslide (i.e., mud- flow) and/or flood-related erosion hazards, and shown on a FHBM or FIRM as Zone, A, AO, A1-99, VO, V1-30, M or E.

"Standard Flood Insurance Policy" means the flood insurance policy issued by the National mood Insurers Association pur- suant to Federal statutes and regulations.

"Start of construction" means the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs o r footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installa- tion of streets and/or walkways; nor does i t include excavation for a basement, foot- ings, piers o r foundations o r the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home park o r mobile home subdivision, "start of construc- tion" means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks o r mobile home subdivisions, "start of construction" is the date o n which the construction of facilities for servicing the site o n which the mobile home is to be affuted (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is com- pleted.

"State" means any State, the District of Columbia, the territories and possessions of the United States, the Commonwealth of Puerto Rico, and the Trust Territory of the Pacific Islands.

"State coordinating agency " means the agency of the state government, or other office designated by the Governor of the state or by state statute at the request of the Administrator to assist in the implementa- tion of the National Flood Insurance Pro- gram in that state.

Tide 44-Emergency Management and Assistance

"Storm cellar" means a space below grade used to accommodate occupants of the structure and emergency supplies as a means of temporary shelter against severe tornado or similar wind storm activity.

Structure" means, for flood plain man- agement purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a mobile home. "Structure" for insurance coverage purposes, means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed t o a permanent site, as well as a mobile home on foundation. For the latter purpose, the term includes a building while in the course of construction, altera- tion or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises.

"Subsidized rates" mean the rates estab- lished by the Administrator involving in the aggregate a subsidization by the Federal Government.

"Substantial improvement " means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either, (a) before the improvement or repair is started, or (b) if the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition "substantiai improvement" is considered to occur when the f i s t alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary, o r safety code specifications which are solely necessary t o assure safe living conditions ar (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

'Variance" means a grant of relief by a community from the terms of a flood plain management regulation.

"Water surface elevation" means the projected heights in relation t o Mean Sea Level reached by floods of various magni- tudes and frequencies in the flood plains of coastal or reverine areas.

(National Flood Insurance Act of 1968 (Title XIIX of the Housing and Urban Devel- opment Act of 1968), effective January 28, 1969 (33 FR 17804, November 28, 1968), as amended (42 U.S.C. 4001-4128); and Secretary's delegation of authority to Federal Insurance Administrator, 34 FR 2680, Feb- ruary 27, 1969, as amended (39 FR 2787, January 24,1974))

141 FR 46968, Oct. 26,1976, as amended at 43 FR 7140, Feb. 17,1978. Redesignated at 44 FR 31177, May 31.19791

$59.2 Description of program.

(a) The National Flood Insurance Act of 1968 was enacted by Title XDI of the Housing and Urban Development Act of 1968 (Pub. L. 90-448, August 1, 1968) t o

provide previously unavailable flood insur- ance protection to property owners in flood- prone areas. Mudslide (as defined in $ 59.1) protection was added to the Program by the Housing and Urban development Act of 1969 (Pub. L. 91-152, December 24,1969). Flood-related erosion (as defined in $59.1) protection was added to he Program by the Flood Disaster Protection Act of 1973 (Pub. L. 93-234, December 31, 1973). The Flood Disaster Protection Act of 1973 requires the purchase of flood insurance on and after March 2, 1974, as a condition of receiving any form of Federal or federally-related financial assistance for acquisition o r con- struction purposes with respect to insurable buildings and mobile homes within an identi- fied special flood, mudslide (i.e., mudflow), or flood-related erosion hazard area that is located within any community participating in the Program. The Act also requires that on and after July 1, 1975, or one year after a community has been formally notified by the Administrator of its identification as a community containing one or more special flood, mudslide (i.e., mudflow), or flood- related erosion hazard areas, no such Federal financial assistance, shall be provided within such an area unless the community in which the area is located is then participating in the Prugram, subject to certain exceptions. See FIA published Guidelines a t $ 5 9 4 ~ ) .

(b) To qualiiy for the sale of federally- subsidized flood insurance -a community must adopt and submit to he Administrator as part of its application, flood plain man- agement regulations, satisfying at a mini- mum the criteria set forth at Part 60 of this subchapter, designed to reduce or avoid future flood, mudslide (i-e., mudflow) or flood-related erosion damages. These regula- tions must include effective enforcement provisions.

(c) Minimum requirements for adequate flood plain management regulations are set forth in $60.3 for floodprone areas, in $60.4 for mudslide (i.e., mudflow) areas and in $60.5 for flood-related erosion areas. Those applicable requirements and standards are based on the amount of technical infor- mation available t o the community.

(National Flood Insurance Act of 1968 (Title XILI of the Housing and Urban De- velopment Act of 1968), effective January 28, 1969 (33 FR 17804, November 28, 1968), as amended (42 U.S.C. 4001-4128); and Secretary's delegation of authority to Federal Insurance Administrator, 34 FR 2680, February 27, 1969, as amended (39 FR 2787, January 24,1974))

(41 FR 46968, Oct. 26,1976, as amended at 43 FR 7140, Feb. 17,1978. Redesignated at 44 FR 31177, May 31,19791

$59.3 Emergency program.

The 1968 Act required a risk study to be undertaken for each community before i t could become eligible for the sale of flood insurance. Since this requirement resulted in a delay in providing insurance, the Congress, in section 408 of the Housing and Urban Development Act of 1969 (Pub. L. 91-152, December 24, 1969), established an Emer- gency Flood Insurance Program as a new

Section 1336 of the National Flood In ance Act (42 U.S.C. 4056) to permit tne early sale of insurance in flood-prone com- munities. The emergency program, which under existing law extends to September 30, 1978, does not affect the requirement that a community must adopt adequate flood plain management regulations pursuant to Part 60 of this subchapter but permits insurance to be sold before a study is conducted t o determine risk premium rates for the community. The program still requires upon the effective date of a FIRM the charging of risk premium rates for all new construction and substantial improvements and or higher limits of cover- age for existing structures.

(National Flood Insurance Act of 1968 (Title W I of the Housing and Urban Devel- opment A d of 1968), effective January 28, 1969 (33 FR 17804, November 28, 1968), as amended (42 U.S.C. 4001-4128); and Secretary's d e l e ~ t i o n of authority to Fed- eral Insurance Administrator, 34 FR 2680, February 27, 1969, as amended (39 FR 2787, January 24,1974))

[43 FR 7140, Feb. 17, 1978. Redesignated a t 44 FR 31177, May 31,19791

(a) The following are statutory refer- ences for the National Flood Insurance Program, under which these regulations issued:

(1) National Rood Insurance Act if' 1968 (Title XrCI of the Housing and Urban Development Act of 1968). Pub. L. 90-448, approved August 1,1968, 42 U.S.C. 4001 e t s q .

(2) Housing and Urban Development Act of 1969 (Pub. L. 91-152, approved Decem- ber 24, 1969).

(3) Flood Disaster Protection Act of 1973 (87 Stat. 980), Pub. L 93-234, a p proved December 31,1973.

(4) Section 816 of the Housing and Community Development Act of 1974 (87 Stat. 975); Pub. L. 93-383, approved ~ u g k s t 22.1974.

(5) Pub. L. 5-128 (effective October 12, 1977'1.

(6 j The above statutes are included in 42 U.S.C. 4001 et seq.

(b) The following are references relevant to the National Flood Insurance Program:

(1) Executive Order 11988 (Flood-plain Management, dated May 24, 1977 (42 FR 26951, May 25,1977)).

(2) The Flood Control Act of 1960 (Pub. L. 86-645).

(3) Title II, section 314 of Title m and section 406 of Title IV of the Disaster Relief Act of 1974 (Pub. L. 93-288).

(4) Coastal Zone Management Act (Pub. L. 92-583), as amended Pub. L. 94-370.

(5) Water Resources Planning Act (Pub. L. 89-90), as amended Pub L 94-112 (Octo- ber 16,1975).

( 6 ) Title I, National Environmer Policy Act (Pub. L. 91-190).

(7) Land and Water Conservation Fund Act (Pub, L. 89-578), and subsequent amendments thereto.

Chapter !-Federal Emergency Management Agency

(8) Water Resources Council, Principals and Standards for Planning, Water and Re- lated Land Resources (38 FR 24778-24869, September 10,1973).

(9) Executive Order 11593 (Protection and Enhancement of the Cultural Environ- ment), dated May 13, 1971 (36 F R 8921, May 15,1971).

(10) 89th Cong., 2nd Session, H.D. 465. (11) Required land use element for com-

prehensive planning assistance under section 701 of the Housing Act of 1954, as amended by the Housing and Community Develop- ment Act of 1974 (24 CFR $600.72).

(12) Executive Order 11990 (Protection of Wetlands, dated May 24, 1977 (42 F R 26951, May 25,1977)).

(13) Water Resources Council (Guidance for Floodplain Management) (42 F R 52590, September 30,1977).

( 1 4 ) a Unified National Program for Floodplan Management of the United States Water Resources Council, July 1976.

(c) The following reference guidelines represent the views of the Federal Insurance Administration with respect to the manda- tory purchase of flood insurance under section102 of the Flood Disaster Protection Act of 1973: Mandatory Purchase of Flood Insurance Guidelines (39 FR 26186-26193, July 17, 1974; 40 F R 16710, April 14, 1975; 4 0 FR 54277-54278, November 21, 1975; and 4 1 FR 2426, January 1 6 , 1976).

(National Flood Insurance Act of 1 9 6 8 ..-'Witle Xm: of the Housing and Urban De-

.opment Act of 1968). effective January . I969 (33 FR 17804, November 28,

1968), as amended (42 U.S.C. 4001-4128); and Secretary's delegation of authority to Federal Insurance Administrator, 34 F R 2680, February 27, 1969, as amended (39 F R 2787, January 24,1974))

[41 FR 46968, Oct. 26,1976, as amended at 43 FR 7140, Feb. 17,1978. Redesignated a t 44 FR 31177, May 31,19791

Subpart B-Eligibility Requirements

$ 59.21 Purpose of subpart.

This subpart lists actions that must be taken by a community t o become eligible and t o remain eligible for the Program.

$59.22 Prerequisites for the sale of flood insurance.

(a) To qualify for flood insurance avail- ability a community shall apply for the

entire area within its jurisdiction, and shall submit:

(1) Copies of legislative and executive actions indicating a local need for flood insurance and an explicit desire to partic- ipate in the National Flood Insurance Pro- gram ;

(21 Citations t o State and local statutes , , and ordinances authorizing actions regulat- ing land use and copies of the local laws and regulations cited;

(3) A copy of the flood plain manage- ment regulations the community has adopted to meet the requirements of 5 560.3, 60.4 and/or $60.5 of this subchapter. This sub- mission shall include copies of any zoning, building, and subdivision regulations, health codes, special purpose ordinances (such as a flood plain ordinance, grading ordinance, o r flood-related erosion control ordinance), and any other corrective and preventive measures enacted to reduce or prevent flood, mudslide (i.e., mudflow) o r flood-related erosion darn- age ;

(4) A list of the incorporated communi- ties within the applicant's boundaries;

(5) Estimates relating t o the community as a whole and to the flood, mudslide (i.e., mudflow) and flood-related erosion prone areas concerning:

(i) Population; (ii) Number of one t o four family res-

idences; (iii) Number of small businesses; and (iv) Number of all other structures. (6) Address of a local repository, such as

a municipal building, where the Flood Hazard Boundary Maps (FHBM's) and Flood Insurance Rate Maps (FIRM'S) will be made available fo r public inspection;

(7) A summary of any State or Federal activities with respect t o flood plain, mud- slide (i.e., rnudflow) or flood-related erasion area management within the community, such as federally-funded flood control projects and State-administered flood plain management regulations;

(8) A commitment t o recognize and duly evaluate flood, mudstide (i.e., mudflow) and/or flood-related erosion hazards in all ofTicial actions in the areas having special flood, mudslide (i.e., mudflow) andlor flood-related erosion hazards and to take such other official action reasonably neces- sary to carry o u t the objectives of the program; and

(9) A commitment to: (i) Assist the Administrator a t hislher

request, in hislher delineation of the limits of the areas having special flood, mudslide

(i.e., mudflow) or flood-related erosion hazards;

(ii) Provide such information concerning present uses and occupancy of the flood plain, mudslide (i.e., mudflow) or flood- related erosion areas as the Administrator may request;

(iii) Maintain for public inspection and furnish upon request, for the determination of applicable flood insurance risk premium rates within. all areas having special flood hazards identified on a FHBM or FIRM, any certificates of flood-proofing, and informa- tion on the elevation (in relation to mean sea level) of the level of the lowest habitable floor (including basement if habitable) of all new or substantially improved structures, and include whether or not such structures contain a basement, and if the structure has been floodproofed, the elevation (in rela- tion to mean sea level) t o which the struc- ture was floodproofed;

(iv) Cooperate with Federal, State, and local agencies and private firms which under- take to study, survey, map, and identify flood plain, mudslide (i.e., mudflow) or flood-related erosion areas, and cooperate with neighboring communities with respect t o the management of adjoining flood plain, mudslide (i.e., mudflow) and/or flood-re- lated erosion areas in order to prevent aggravation of existing hazards;

(v) Upon occurrence, notify the Admin- istratnr in writing whenever the boundaries of the community have been modified by annexation o r the community has otherwise assumed o r no longer has authority to adopt and enforce flood plain management regula- tions for a particular area. In order that all FHBM's and FIRM's accurately represent the community's boundaries, include within such notification a copy of a map of the c o m m u n i t y suitable for reproduction, clearly delineating the new corporate limits or new area for which the community has assumed or relinquished flood plain manage- ment regulatory authority.

(b) An applicant shall legislatively: (1) Appoint o r designate the agency or

official with the responsibility, authority, and means to implement the commitments made in paragraph (a) of his section, and

(2) Designate the official responsible t o submit an annual report t o the Adminjstra- tor concerning the community participation in the Program including, but not limited t o the development and implementation of flood plain management regulations and

(3) Utilize annual report form (OMB No. 63-R1546) as follows:

Tide 44-Emergency Management and Assistance

( ) Community -, County State

1 ) Responsible Official ( ) Title ( ) Telephone

( ) Address

Signature Date

( ) 0 Please check this box and indicate above any change since your last annual report

1. PHYSICAL CHANGES AND RECENT FLOODING IN YOUR COMMUNITY

a. Boundary Changes. Haw your community's corporate limits or boundaries changed since your last annual report? (IF YES, PLEASE ATTACH A NEW MAP SHOWING REVISED COMMUNITY BOUNDARIES). yes [ 1 NO [ 1

b. Natural Changes. Have there been any natural or physical changes which would increase or decrease flooding in your community? (e.g., subsidence. pronounced erosion, seismic effects, sedimentation, or debris buildup)? (IF YES, PLEASE ATTACH THE MOST RECENT FIA FLOOD HAZARD MAP AND INDICATE THE EXTENT OF CHANGES AND THE AREAS AFFECTED).

c. Man-Made Changes. Have there teen any projects or activities which would increase or decrease flooding in your community 1e.g.. ctams, dikes, levees, bridges, storm sewers, drainage facilities, extensive filling)? (IF YES, PLEASE ATTACH THE MOST RECENT FIA FLOOD HAZARD MAP AND INDICATE THE EXTENT OF THE ACTIVITIES AND THE AREAS AFFECTED)..

d. Recent Flooding. Has any flooding occurred in your community since the last annual report? (IF YES, PLEASE ATTACH THE MOST RECENT FIA FLOOD HAZARD MAP SHOWING THE AREAS AFFECTED, AND ON A SEPARATE SHEET INDICATE FOR EACH FLOOD THE OCCURRENCE DATE, WATER ELEVATION, NUMBER OF STRUCTURES DAMAGED AND ESTIMATE THE FINANCIAL DAMAGE).

n

2. AMENDMENTS TO EXISTING LAWS

Have any amendments relating to floods or flood areas been made to your community's code and/or flood plain management laws since your last annual report? (IF YES, PLEASE ATTACH A CERTIFIED COPY OF THE ADOPTED AMENDMENTS).

3. COORDINATION, STATISTICS, AND ESTIMATES

a. Coordination. Has your community had any problems in coordinating its flood plain management program with adjacent communities? (IF YES, PLEASE AT- TACH A SEPARATE SHEET EXPLAINING THE PROBLEMS).

Yes [ I No t I

Yes [ I No I I

Yes I No [ I

Yes [ 1 No l I

Yes [ I No [ I

b. S'tatistics. The following data will serve as an indication of your community's effectiveness in enforcing its flood plain management measures.

Number Number Requested Granted

(1.) Construction permits in the flood-prone areas

(2.) Variances from the 700-year flood elevation requirement

(3.) Other variances from FIA flood plain management require- ments

(4.) Total variances from all FIA requirements (combined total of = (2) & (3))

(53 Of the total variances from all FIA requirements, how many were for structures on lots exceeding 112 acre?

Chapter I-Federal Emergency Management Agency Part 60

a. Estimates. [Estimate the annrvers for the following using the best data and sources available):

No. of 1-4 No. of Small No. of All Family Business Other

Population Structures Structures Structures

Estimates of totals in the special flood hazard areas delineates on the F IA Flood Insurance Rate Map (i.e., using all zones except 0 . C, & D)

Estimates of totals in the entire community.

OMB No. 63-R1546

(c) The documents required by paragraph (a) of this section and evidence of the actions required by paragraph ( b ) of this section shall be submitted to the Federal Insurance Administrator, Federal Emergency Management Agency, 1725 1 Street, NW, Washington. DC 20472.

(d) A copy of the documents required by paragraph (a) of this section and evidence of the actions required by paragraph (b) of this section shall be submitted by an applicant to the appropriate State and areawide clearing- houses established in accordance with Part I of OMB Circular No. A-95 (41 FR 2052-2065, January 13, 1976). Clearing- house review of the documents shall not be a prerequisite t o the Administrator's accept-

%v -ce of a community's application for the f-? iilability of flood insurance under the

Emergency Program. However, clearing- houses may assist the applicant in assuring maximum consistency with State, regional and local comprehensive plans and flood plain management programs.

359.23 Priorities for the sale of flood insur ance under the reaular promam.

Flood-prone, mudslide (ie., mudflow) and flood-related erosion prone communities are placed on a register of areas eligible for ratemaking studies and then selected from this register for ratemaking studies on the basis of the following considerations-

(a) Recommendations of State officials; (b) Location of community a n d urgency

of need for flood insurance; (c) Population of community a n d inten-

sity of existing or proposed development of the flood plain, the mudslide (i-e., mudflow) and the flood-related erosion area;

(d) Availability of information on the community with respect t o its flood, mud- slide (i.e., mudflow) and floor-related ero- sion characteristics and previous losses;

(e) Extent of State and local progress in .flood plain, mudslide (i.e., mudflow) area and floodrelated erosion area management, including adoption of flood plain manage- ment regulations consistent with related ongoing programs in the area.

ments of paragraphs (b), (c), (d) o r (e) of $60.3 or paragraph (b) of $60.4 or $60.5, within six months from the date the Admin- istrator provides the data upon which the flood plain regulations for the applicable paragraph shall be based Where there has not been any submission by the community, the Administrator shall notify t h e commu- nity that 90 days remain in the six month period in order t o submit adequate flood plain management regulations. Where there has been an inadequate submission, the Administrator shall notify the community of the specific deficiencies in its submitted flood plain management regulations and inform the community of the amount of time remaining within the six iiionth period. If, subsequently, copies of adequate flood plain management regulations are not re- ceived by the Administrator, he shall, n o later than 30 days before the expiration of the original six month period, provide writ- ten notice t o the community and t o the state and assure publication in the Federal Register under Part 64 of this subchapter, of the community's loss of eligibility fo r the sale of flood insurance, such suspension to become effective upon the expiration of the six month period. Should the community remedy the defect and the Administrator receive copies of adequate flood plain rnan- agement regulations within the notice period, the suspension notice shall be re- scinded by the Administrator. If the Admin- istrator receives notice from the State that it has enacted adequate flood plain manage- ment regulations for the community within the notice period, the suspension notice shall be rescinded by the Administrator. The community's eligibility shall remain termi- nated after suspension until copies of a d e quate flood plain management regulations have been received and approved by the Administrator.

(b) A community eligible f o r the sale of flood insurance which fails t o adequately enforce or repeals its flood plain manage- ment regulations meeting the minimum re- quirements set forth in 5560.3, 60.4 or $60.5 shall be subject t o suspension of its Program eligibility. Under such circumstan-

59.24 Suapendon ofmmmuoitg eliBibility. ces; the ~ d k i n i s i r a t o r shall grant the com- munity 30 days in which t o show cause why

(a) A community eligible for the sale of it should not be suspended. The Administra- a d insurance shall be subject to suspen- tor may conduct a hearing txfore commenc-

sion from the Program for failing to submit ing suspensive action. If a community is t o be copies of adequate flood plain management suspended, the Administrator shall inform i t regulations meeting the minimum require- upon 30 days prior written notice and

publication in the Federal Register under Part 64 of this subchapter of its loss of eligibility for the sale of flood insurance. In the event of impending suspension, the Administrator shall issue a press release to the local media explaining the reasons and effects of the suspension. The community's eligibility shall only be reinstated by the Administrator upon his receipt of a local legislative o r executive measure reaffirming the community's formal intent to ade- quately enforce the flood plain management regulations adopted in compliance with the requirements of this Subpart, together with evidence of action taken by the community t o abrogate, t o the maximum extent possible, the action(s) which caused the suspension. In such eases, the Administrator, in order t o evaluate the community's performance under the terms of its submission, may either conditionally reinstate the commu- nity's eligibility or withhold reinstatement for a period not to exceed one year from the date of his receipt of the submission.

(c) The Administrator shall promptly notify the Association of those communities whose eligibility has been suspended, and the Association shall promptly notify its servicing companies. FIood insurance shall n o t be sold or renewed in any suspended community until the Association is subse- quently notified by the Administrator of the date of the community's formal reinstate- ment. Policies sold or renewed within a community during a period of ineligibility are deemed to be voidable by the Adminis- trator whether or not the parties to sale or. renewd had actual notice of the ineligibility.

PART BO-CRITERIA FOR LAMD MANAGEMENT AND USE

Subpart A-Requirements for Flood Plain Management Regulations

sec. 60.1 Purpose of subpart. 60.2 Minimum compliance with flood plain

management criteria. 60.3 Flood plain management criteria for

flood-prone areas 60.4 Flood plain management criteria for

mudslide (ie., mudflow)-prone areas. 60.5 Flood plain management criteria for

flood-related erosion-prone areas. 60.6 Variances and exceptions

Title 44-Emergency Management and Assistance '

Sec. 60.7 Revisions of criteria for flood plain

management regulations 60.8 Definitions.

Subpart %Requirements for State Flood Plain Management Regulations

60.11 Purpose of this subpart. 60.12 Flood plain management criteria for

State-owned properties in special haz- ard areas

60.1 3 Noncompliance.

Subpart C-Additional Considerations in Managing Flood-Prone, Mudslide

(i.e., Mudflow)-Prone, and Flood-Related Erosion-Prone Areas

60.21 P u r p m of this subpart. 60.22 Planning considerations fo r flood-

prone areas 60.23 Planning considerations for mudslide

(ie., mudflow)-prone areas. 60.24 Planning considerations :or flood-

related erosion-prone areas. 60.25 State coordination 60.26 Local coordination.

Authority: See. 7(d), 79 Stat. 670; 4 2 U.S.C. 3535(d); Sec. 1306, 8 2 Stat. 575; 42 U.S.C. 4013; Sec. 1361, 82 Stat. 587; 4 2 U.S.C. 4102; Reorganization Plan No. 3 of 1 9 7 8 (43 F R 41943) and Executive Order 12127, dated March 31, 1979 (44 FR 19367) and delegation of authority t o Fed- eral Insurance Administrator (44 F R 20963).

Source: 41 FR 46975, Oct. 26, 1976, unless otherwise noted. Redesignated a t 44 FR 31177, May 31,1979.

Subpart A-Requirements fo r Flood Plain Management

Regulations

$60.1 Purpose of subpart.

(a) The Act provides that flood insurance shall not be sold or renewed under the program within a community, unless the community has adopted adequate flood plain management regulations consistent with Federal criteria. Responsibility for es- tablishing such criteria is delegated t o the Administrator.

(b) This subpart sets forth the criteria developed in accordance with t h e Act by which the Administrator will determine the adequacy of a community's flood plain management regulations. These regulations must be legallyenforceable, applied uni- formly throughout the community t o all pri- vately and publicly owned land within flood- prone, mudslide (i.e., mudflow) o r flood- related erosion areas, and the community must provide that the regulations take pre- cedence over any less restrictive conflicting local laws, ordinances or codes. Except as otherwise provided in $60.6, the adequacy of such regulations shall be determined o n the basis of the standards set forth in $60.3 for flood-prone areas, $60.4 for mudslide areas and $60.5 for flood-related erosion areas.

(c) Nothing in this subpart shall be con- strued as modifying or replacing the general

requirement that all eligible communities must take into account flood, mudslide (i.e., mudflow) and flood-related erosion hazards, to the extent that they are known, in all official actions relating to land management and use.

(d) The criteria set forth in this subpart are minimum standards for the adoption of flood plain management regulations by flood-prone, mudslide (i.e., mudflow)-prone a n d f l o o d -related erosion-prone com- munities. Any community may exceed the minimum criteria under this Part by adopt- ing more comprehensive flood plain manage- ment regulations utilizing the standards such as contained in Subpart C of this Part. In some instances, community officials may have access to information o r knowledge of conditions that require, particularly for human safety, higher standards than the minimum criteria set forth in Subpart A of this Part. Therefore, any flood plain manage- ment regulations adopted by a State o r a community which are more restrictive than the criteria set forth in this Part are en- couraged and shall take precedence.

$60.2 Minimum compliance with flood plain management criteria.

(a) A flood-prone community applying for flood insurance eligibility shall meet the standards of $60.3(a) in order to become eligible if a FHBM has not been issued for the community a t the time of application. Thereafter, the community will be given a period of six months from the date the Administrator provides the data set forth in $60.3 (b), (c), (d), o r (e) in which t o meet the requirements of the applicable para- graph. If a community has received a FHBM, but has not yet applied for Program eligi- bility, the community shall apply for eligi- bility directly under the standards set forth in $60.3(b). Thereafter, the community will be given a period of six months from the date the Administrator provides the data set forth in $60.3 (c), (d), o r (e) in which t o meet the requirements of the applicable paragraph.

(b) A mudslide (i.e., mudflow)-prone community applying for flood insurance eligibility shall meet the standards of $60.4(a) to become eligible. Thereafter, the community will be given a period of six months from the date the mudslide (i.e., mudflow) areas having special mudslide hazards are delineated in which t o meet the requirements of $60.4(b).

(c) A flood-related erosion-prone com- munity applying for flood insurance eligi- bility shall meet the standards of $60.5(a) t o become eligible. Thereafter, the com- munity will be given a period of six months from the date the flood-related erosion areas having special erosion hazards are delineated in which t o meet the reouirements of $60.5(b).

Id) Communities identified in Part 65 of this kbchapter as containing more than one type of hazard (e.g., any combination of

tions may be submitted t o the State Coor nating Agency designated pursuant' t o 560.25 for its advice and concurrence. The submission to the State shall clearly describe proposed enforcement procedures.

( f ) The community official responsible for submitting annual reports t o the Admin- istrator pursuant to $59.22(b)(2) of this subchapter shall also submit copies of each annual report to any State Coordinating Agency.

(g) A community shall assure that its comprehensive plan is consistent with the flood plain management objectives of this Part.

(h) The community shall adopt and en- force flood plain management regulations based on data provided by the Administra- tor. Without prior approval of the Admin- istrator, the community shall not adopt and enforce flood plain management regulations based upon modified data reflecting natural or man-made physical changes.

(i) The community, upon its receipt of the data set forth in paragraph (c), (d) or (e) of $60.3, o r paragraph (b) of $60.4 or $60.5, shall inform the appropriate State and areawide clearinghouse established in accordance with Part I of OMB Circular No. A-95 (41 F R 2052-2065, January 13,1976), that the community has a period of six months in which to adopt and submit to the Administrator adequate flood plain manage- ment regulations. (The clearinghouses are encouraged to assist the community within the six month period in developing su regulations and in assuring regional coorc... . nation.) The community shall submit to the appropriate State and areawide clearing- house, concurrently with its submission t o the Administrator, a copy of all adopted flood plain management regulations in- tended to comply with paragraphs (c), (d) or (e) of $60.3 or paragraph (b) of $60.4 or $60.5. \Clearinghouse review, for a period no t to exceed sixty days from the date a community submits flood plain management regulations to the clearinghouse, shall be provided prior t o the Administrator's action o n such regulations. Clearinghouse com- ments, o r a statement by the community that no comments or recommendations have been received from the clearinghouse, should be submitted by the community to the Administrator. However, i t may be necessary for the clearinghouse t o review the commu- nity's regulations within a shorter time period in the event of pending action to suspend the community's Program participa- tion, pursuant t o $ 59.24 of this Subchapter, for failure to adopt adequate flood plain management regulations within the required six months. The Administrator, within seven working days of taking a major action o n the community's flood plain management sub- mission, shall provide a copy of his/her disposition concerning the submission t o each clearinghouse from which a comment was received.

special flood, mudslide [i.e., mudflow], and flood-related hazard areas) shall @60.3 plain mana@ment cXiteda adopt flood plain management regulations for floodprone areas. each type of hazard consistent with the The Administrator will urovide the data requirements of $ $60.3, 60.4 and 60.5. upon which flood plain m&agement regula-

(e) Local flood plain management regula- tions shall be based. If the Adrniniskator has

Chapter !-Federal Emergency Management A1

t provided sufficient data t o furnish a oasis for these regulations in a particular community, the community shall obtain, review and reasonably utilize data available from other Federal, State or other s ~ ~ r c e s pending receipt of data from the Administra- tor. However, when special flood hazard area designations and water surface elevations have been furnished by the Administrator, they shall apply. The symboh defining such special flood hazard designations are set forth in 864.3 of this subchapter. In all cases the minimum requirements governing the adequacy of the flood plain management regulations for flood-prone areas adopted by a particular community depend on the amount of technical data formerly provided to the community by the Administrator. Minimum standards for communities are as

a) When the Administrator has not de- med the special flood hazard areas within a .F'=

community, has not provided water surface elevation data, and has not provided suffi- cient data to identify the floodway or coastal high hazard area, but the community has indicated the presence of such hazards by submitting an application to participate in the Program, the community shall:

(1) Require permits for all proposed con- struction or other development in the com- munity, including the placement of mobile homes, so that it may determine whether such construction or other development is proposed within flood-prone areas;

(2 ) Review proposed development t o as- %. x e tha t all necessary permits have been received from those governmental agencies from which approval is required by Federal o r State law, including section 404 of the Federal Water Pollution Control Act Amend- ments o f 1972 ,33 U.S.C. 1334;

(3) Review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements (including the placement of prefabricated buildings and mobile homes) shall (i) be designed (or modified) and adequately anchored t o prevent flotation, collapse, or lateral movement of the struc- ture. (ii) be constructed with materials and utility equipment resistant to flood damage, and (iii) be constructed by methods and practices that minimize flood damage;

(4) Review subdivision proposals and other proposed new development t o deter- mine whether such proposals will be reason- ably safe from flooding. If a subdivision proposal or other proposed new develop- ment is in a flood-prone area, any such proposals shall be reviewed t o assure that (i) all such proposals are consistent with the need t o minimize flood damage within the - flood-prone area, (ii) alI public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage, and (iii) adequate drainage is provided t o reduce exposure t o flood hazards;

(5) Require within flood-prme areas new dnd replacement water supply systems to be designed t o minimize o r eliminate infrltra- tion of flood waters into the systems; and

(6) Require within flood-prone areas (i)

new and replacement sanitary sewage SYS-

tems t o be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and (ii) onsite waste disposal'systems to be located to avoid impairment to them or contamination from them during flood- ing.

*(b) When the Administrator has desig- nated areas of special flood hazards (A zones) by the publication of a community's FHBM, but has neither produced water surface elevation data nor identified a flood- way or coastal high hazard area, the corn- munity shall:

(1) Require permits for all proposed con- struction and other developments including the placement of mobile homes, within Zone A o n the community's FHBM;

(2) Require the application of the stand- ards in paragraphs(a) (2), (3), (41, (5) and (6) of this section to development within Zone A o n the community's FHBM;

(3) Require that all subdivision proposals and other proposed new developments greater than 50 lots o r 5 acres, whichever is the lesser, include within such proposals base flood elevation data;

(4) Obtain, review, and reasonably utilize any base flood elevation data available from a Federal, State, o r other source, until such other data has been provided by the Admin- istrator, as criteria for requiring that (i) all new construction and substantial improve- ments of residential structures have the lowest floor (including basement) elevated t o or above the base flood level and (ii) all new construction and substantial improve- ments of nonresidential structures have the lowest floor (including basement) elevated or floodproofed to o r above the base flood level;

(5) For the purpose of the determination of applicable flood insurance risk premium rates within Zone A on a community's FXBM, (i) obtain the elevation (in relation t o mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures, and whether or not such structures contain a basement, (2) obtain, if the structure has been floodproofed, the elevation (in relation t o mean sea level) to which the structure was floodproofed, and (iii) maintain a record of all such information with the official desia- nated by the community under §59.22(;) (9Hiiik . ..

( 6 j - ~ o t i f ~ , in riverine situations, ad- jacent mmmunities and the State Coordinat- ing Office prior to any alteration or reloca- tion of a watercourse, and submit copies of such notifications to the Administrator;

(7) Assure that the flood carrying capac- ity within the altered or relocated portion of any watercourse is maintained;

(8) Require that all mobile homes t o be placed within Zone A on a community's FHBM shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be that (i) over-the-top ties be provided a t each of the four corners of the mobile home, with two additional ties per side at intermediate locations and mobile homes less than 50 feet long requiring one additional tie per side; (ii)

frame ties be provided at each comer of the home with five additional ties per side a t intermediate points and mobile homes less than 50 feet long requiring four additional ties per side; (iii) all components of the anchoring system be capable o f carrying a force of 4,800 pounds; and (iv) any addi- tions to the mobile home be similarly an- chored;

(9) Require that an evacuation plan indi- cating alternate vehicular access and escape routes be filed with appropriate Disaster Preparedness Authorities for mobile home parks and mobile home subdivisions located within Zone A on the community's FHBM. #(c) When the Administrator has provided

a notice of final base flood elevations within Zones A1-30 on the community's FIRM and, if appropriate, has designated A 0 zones A99 zones and unnumbered A zones o n the community's FIRM, but has not identified a regulatory floodway o r coastal high hazard area, the community shall:

(1 ) Require the standards of paragraph (b) of this section within all AI-30 zones unnumbered A zones and A 0 zones, on the community's FIRM;

(2) Require that all new construction and substantial improvements of residential structures within Zones A1-30 on the com- munity's FIRM have the lowest floor (in- cluding basement) elevated to o r above the base flood level, unless the community is granted an exception by the Administrator for the allowance of basements and/or storm cellars in accordance with §60.6(b)(3) and 03x41;

(3) Require that all new construction and sutstantial improvements of nonresiden- tial structures within Zones A1-30 on the community's firm (i) have the lowest floor (including basement) eIevated to o r above the base flood level or, (ii) together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls sub- stantially impermeable t o the passage of water and with structural components hav- ing the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;

(4) Provide that where floodproofing is utilized for a particular structure in accord- ance with paragraphs (cX3) and (cX8) of this section or (b)(3) of $60.6 either (i) a registered professional engineer or architect shall certify that the floodproofing methods are adequate t o withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the base flood, and a record of such certificates indicating the specific elevation (in relation to mean sea level) t o which such structures are floodproofed shall be maintained with the official designated by the community under $59.22(a)(9)(iji); or, (ii) a certified copy of a local regulation containing de- tailed flood-proofing specifications which satisfy the watertight performance standards of paragraph (cX3) of this section o r (b)(3) of 360.6 shall be submitted t o the Adminis- trator for approval;

(5) Require within Zones A1-30 on the community's FIRM for new mobile home parks and m b i l e home subdivisions, f a expansions t o existing mobile home parks

Title 44-Emergency Management and Assistance

and mobile home subdivisions, and for existing mobile home parks and mobile home subdivisions where the repair, recon- struction or improvement of the streets, utilities and pads equals or exceeds 50% of the value of the streets, utilities a n d pads before the repair, reconstruction or improve- ment has commenced, that (i) stands o r lots are elevated on compacted fill o r o n pilings so that the lowest floor of the mobile home will be a t or above the base flood level, (ii) adequate surface drainage and access fo r a hauler are provided, and (iii) in the instance of elevation on pilings, lots are large enough t o permit steps, piling foundations are placed in stable soil no more than ten feet apart, and reinforcement is prol-ided for pilings more than six feet above t h e ground level;

(6) Require for all mobile homes t o be placed within Zones A1-30 on the com- munity's FIRM, but not into a mobile home park or mobile home subdivision that (i) stands or lots are elevated on compacted fill o r on pilings so that the lowest floor of the mobile home will be at or above the base flood levei, (ii) adequate surface drainage and access for a hauler are provided, and (iii) in the instance of elevation on pilings, lots are large enough to permit steps, piling foundations are placed in stable soil n o more than 1 0 feet apart, and reinforcement is provided for piers more than six fee t above ground level;

(7) Require within any A 0 zone on the community's FIRM that all new cons t rue tion and substantial improvements of resi- dential structures have the lowest floor (including basement) elevated above the crown of the nearest street t o or above the depth number specified on the community's FIRM;

(8) Require within any A 0 zone on the community's FIRM that all new construc- tion and substantial improvements of non- residential structures (i) have t h e lowest floor (including basement) elevated above the crown of the nearest street to o r above the depth numher specified on the FIRM, or (ii) together with attendant utility and sani- tary facilities be completely flood-proofed t o or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components hav- ing the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;

(9) Require within any A99 zones on a community's FTRM the standards of para- graphs (a)(l) thru (aX4)(i) and (bX5) thru (b)(9) of this section;

(10) Require until a regulatory floodway $ designated, that n o new construction, substantial improvements, or other develop- ment (including fill) shall be permitted within Zones A1-30 on the community's FIRM, unless it is demonstrated tha t the cumulative effect of the proposed develop ment, when combined with all other existing and anticipated development, win not in- crease the water surface elevation of the base flood more than one foot a t any point within the community.

(d) When the Administrator has provided

a notice of final base flood elevations within Zones A1-30 on the community's FIRM and, if appropriate, has designated A 0 zones A99 zones and unnumbered A zones on the community's FIRM, and has provided data from which the community shall designate its ' regulatory floodway, the community shall :

(1) Meet the requirements of paragraphs (c ) ( l ) through (cX9) of this section;

(2) Select and adopt a regulatory flood- way based on the principle that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood, without increasing the water surface elevation of that flood more than one foot a t any point;

(3) Prohibit encroachments, including fill, new construction, substantial improve- ments, and other development within the adopted regulatory floodway that would result in any increase in flood levels within the community during the occurrence of the base flood discharge;

(4) Prohibit the placement of any mobile homes, except in an existing mobile home park o r mobile home subdivision, within the adopted regulatory floodway. #(e) When the Administrator has provided a notice of final base flood elevations within Zones A1-30 on the community's FIRM and, if appropriate, has designated A 0 zones, A99 zones and unnumbered A zones on the community's FIRM, and has identi- fied on the community's FIRM Zone V1-30 (coastal high hazard area), the community shall:

(1 ) Meet the requirements of paragraphs (c ) ( l ) through (cXl0) of this section;

(2) For the purpose of the determination of applicable flood insurance risk premium rates within Zone V1-30 on a community's FIRM, (i) obtain the elevation (in relation t o mean sea level) of the lowest habitable floor (including basement) of all new or substan- tially improved structures, and whether or not such structures contain a basement, (ii) obtain, if the structure has been flood- proofed, the elevation (in relation to mean sea level) t o which the structure was flood- proofed, and (iii) maintain a record of all such information with the official designated by the community under 5 59.22(aX9Xjii);

(3) Provide that all new construction within Zones V1-30 on the community's FIRM is located landward of the reach of mean high tide;

(4) Provide (i) that all new construction and substantial improvements within Zones V1-30 on the community's FIRM are ele- vated o n adequately anchored pilings o r columns, and securely anchored to such piles o r columns so that the lowest portion of the structural members of the lowest floor (ex- cluding the pilings o r columns) is elevated to or above the base flood level and (ii) that a registered professional engineer or architect certify that the structure is securely an- chored t o adequately anchored pilings o r columns in order to withstand velocity waters and hurricane wave wash;

(5) Provide that aII new construction and substantial improvements within Zones V1-30 on the community's FIRM have the space below the lowest floor free of obstruc-

tions or be constructed with "breakaw walls" intended t o collapse under stress without jeopardizing the structural support of the structure so that the impact on the structure by abnormally high tides or wind- driven water is minimized. Such temporarily enclosed space shall not be used for human habitation;

(6) Prohibit the use of fill for structural support of buildings within Zones V1-30 o n the community's FIRM;

(7) Prohibit the placement of mobile homes, except in existing mobile home parks and mobile home subdivisions, within Zones V1-30 on the community's FIRM;

(8) Prohibit man-made alteration of sand dunes and mangrove stands within Zones V1-30 on the community's FIRM which would increase potential flood damage.

s 0 . 4 Flood plain management criteria for mudslide (i.e., mudflow )-prone areas.

The Administrator will provide the data upon which flood plain management regula- tions shall be based. If the Administrator has not provided sufficient data to furnish a basis for these regulations in a particular community, the community shall obtain, review, and reasonably utilize data available from other Federal, State o r other sources pending receipt of data from the Administra- tor. However, when special mudslide (i.e., mudflow) hazard area designations have been furnished by the Administrator, they shall apply. The symbols defining suck special mudslide (i.e., mudflow) haza designations are set forth in 564.3 of t h subchapter. In all cases, the minimum re- quirements for mudslide (i.e., mudflow)- prone areas adopted by a particular com- munity depend on the amount of technical data provided to the community by the Administrator. Minimum standards for com- munities are as follows:

(a) When the Administrator has not yet identified any area within the community as an area having special mudslide (i.e., mud- flow) hazards, but the community has indi- cated the presence of such hazards by submitting an application to participate in the Program, the community shall:

(1) Require permits for all proposed con- struction or other development in the com- munity s o that i t may determine whether development is proposed within mudslide (i.e., mudflow)-prone areas;

(2 ) Require review of each permit appli- cation t o determine whether the proposed site and improvements will be reasonable safe from mudslides (i.e., mudflows). Fac- tors to be considered in making such a determination should include but not be limited to (i) the type and quality of soils, ( 5 ) any evidence of ground water o r surface water problems, (iii) the depth and quality of any fill, (iv) the overall slope of the site, and (v) the weight that any proposed struc- ture will impose on the slope;

( 3 ) Require, if a proposed site and im- provements are in a location that may have mudslide (i.e., mudflow) hazards, that (i) site investigation and further review be rnac by persons qualified in geology and soils engineering, (ii) the proposed grading, exca- vations, new construction, and substantial

Chapter I-Federal Emergency M a ~ g e m e n t Agency

.provements are adequately designed and protected against mudslide (i.e., mudflow) damages, (iii) the proposed grading, excava- tions, new construction and substantial im- provements do not aggravate the existing hazard by creating either onsite o r offsi te disturbances, and (iv) drainage, planting, watering, and maintenance be such as not to endanger slope stability.

(b) When Administrator has delineated Zone M on the community's FIRM, the community shall:

(1) Meet the requirements of paragraph (a) of this section ; and

(2) Adopt and enforce a grading ordi- nance or regulation in accordance with data supplied by the Administrator which (i) regulates the location of foundation systems and utility systems of new construction and substantial improvements, (ii) regulates the location, drainage and maintenance of all excavations, cuts and fills and planted slopes, (iii) provides special requirements for protec tive measures including but not necessarily limited to retaining walls, buctres fills, subdrains, diverter terraces, benchings, etc., and (iv) requires engineering drawings and specifications to be submitted for all correc- tive measures, accompanied by supporting soils engineering and geology reports. Guid- ance may be obtained from the provisions of the 1973 edition and any subsequent edition of the Uniform Building Code, sections 7001 through 7006, and 7008 through 7015. The

;hiform Building Code is published by the ;ernat.ionai Conference of Building Of-

, 50 South La. Robles. Pasadena, California 91101.

$60.5 Flood plain management criteria for flood-related erosionprone areas.

The Administrator will provide the data upon which flood plain management regula- tions for flood-related erosion-prone areas shall be based. If the Administrator has not provided sufficient data to furnish a basis for these regulations in a particular community, the community shall obtain, review, and reasonably utilize data available from other Federal, State or other sources, pending receipt of data from the Administrator. However, when special flood-related erosion hazard area designations have k e n furnished by the Administrator they shall apply. The symbols defining such special flood-related erosion hazard designations are set forth in $64.3 of this subchapter. In all cases the minimum requirements governing the ade- quacy of the flood plain management regula- tions for flood-related erosion-prone areas adopted by a particular community depend on the amount of technical data provided to the community by the Administrator, Mini-

. mum standards for communities are as fol- lows:

(a) When the Administrator has not yet identified any area within the community as baving special flood-related emsion hazards, but the community has indicated the pres- -rice of such hazards by submitting an

? tplication to participate in the hogram,

the community shall: (1) Require the issuance of a permit for

all proposed construction, or other develop- ment in the area of flood-related erosion

hazard, a s it is known to the community; (2) Require review of each permit appli-

cation to determine whether the proposed site alterations and improvements will be reasonably safe from flood-related erosion and will not muse flood-related erosion hazards or otherwise aggravate the existing flood-related erosion hazard; and

(3) If a proposed improvement is found to be in the path of flood-related erosion or to increase the erosion hazard, require the improvement to be relocated or adequate protective measures to be taken which will not aggravate the existing erosion hazard.

(b) When the Administrator has deli- neated Zone E on the community's FIRM, the community shall:

(1) Meet the requirements of paragraph (a) of this section; and

(2) Require a setback for all new devel- opment from the ocean, lake, bay, riverfront or other body of water, to create a safety buffer consisting of a natural vegetative or contour strip. This buffer will be designated by the Adrninistrator according to the flood- related erosion hazard and erosion rate, in conjunction with the anticipated "useful life" of structures, and depending upon the geologic, hydrologic, topographic and cli- matic characteristics of the community's land. The buffer may be used for suitablc open space purposes, such as for agricultural, forestry, outdoor recreation and wildlife habitat areas, and for other activities using temporary and portable structures only.

$60.6 Variances and exceptions.

(a) The Administrator does not set forth absolute criteria for granting variances from the criteria set forth in $ $ 60.3, 60.4, and 60.5. The issuance of a variance is for flood plain management purposes only. Insurance prerninum rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance. The community, after examining the applicant's hardships, shall approve or disapprove a request. While the granting of variances generally is limited to a lot size Iess than one-half acre (as set forth in paragraph (a)( 2) of this section), deviations from that limita- tion may occur. However, as the lot size increases beyond one-half acre, the technical justification required for issuing a variance increases. The Administrator may review a community's findings justifying the granting of variances, and if that review indicates a pattern inconsistent with the objectives of sound flood plain management, the Adminis- trator may take appropriate action under 559.24(b) of this subchapter. Variances may be issued by a community for the recon- struction, rehabilitation or restoration of structures listed on the National Register of Historic Places or a State Inventory of Historic Places, without regard to the pro- cedures set forth in this section. Procedures for the granting of variances by a com- munity arp as follows:

(1) Variances shall not be issued by a commmty within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result;

(2) Variances may be issued by a com- munity for new construction and substantial

improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing struc- tures constructed below the base flood level, in conformance with the procedures of paragraphs (a) (31, (41, (5) and (6) of this sectlon;

(3) Variances shall only be issued by a community upon (i) a showing of good and sufficient cause, (5) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nui- sances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances;

(4) Variances shall only be issued upon a determination that the variance is the mini- mum necessary, considering the flood hazard, to afford relief;

(5) A community shall notify the appli- cant in writing over the signature of a community official that (i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insur- ance coverage and (ii) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with a record of al l variance actions as required in paragraph (a)(6) of this section; and

(6) A community shall (i) maintain a record of a l l variance actions, including justifimtion for their issuance, and (ii) re- port such variances isued in its annual report submitted to the Administrator.

(bX1) The requirement that each flood- prone, mudslide (i.e., mudflow>prone, and flood-related erosion prone community must adopt and submit adequate flood plain management regulations as a condition of initial and continued flood insurance eligi- bility is statutory and cannot be waived, and such regulations shall be adopted by a community within the time periods specified in $ $60.3, 60.4 or $60.5. However, certain exceptions from the standards contained in this subpart may be permitted where the Administrator recognizes that, because of extraordinary circumstances, local condi- tions may render the application of certain standards the cause for severe hardship and gross inequity for a particular community. Consequently, a community proposing the adoption of flood plain management regula- tions which vary from the standards set forth in 5360.3, 60.4, or $60.5, shall explain in writing to the Administrator the nature and extent of and the reasons for the exception request and shall include suffi- cient supporting economic, environmental, topographic, hydrologic, and other scientific and technical data, and data with respect to the impact on public safety and the environ- ment.

(2) The Administrator shall prepare a Special Environmental Clearance to deter- mine whether the proposal for an exception under paragraph (b)(l) of this section will have significant impact on the human en- vironment. The decision whether an (i)

$60.7 Title 44-Emergency Management and Assistancf!

Environmental Impact Statement (EIS) o r (ii) a Finding of Inapplicability is required must be made by the Environmental Clear- ance Officer of the initiating office with the approval of the Assistant Secretary for Com- munity Planning and Development based on review by the Director, Office of Environ- mental Quality and the General Counsel (Assistant General Counsel for Finance and Administrative Law) in accord with HUD Handbook 1390.1 (38 FR 19182. 19186). "Departmental ~olicies, ~ e s p n s i b h t i e s and Procedures for Protection and Enhancement of Environmental Quality" which imple- ments the National Environmental Policy Act of 1969 (Pub. L. 91-190) fo r FEMA programs, and guidelines of the Council o n Environmental Quality (40 CFR Part 1500). Ninety or more days may be required for an environmental quality clearance if the pro- posed exception will have significant impact on the human environment thereby requix- ing an EIS.

(3) In accordance with paragraph (b) ( l ) of this section, a community may propose flood plain management regulations which adopt standards for basements below the base flood level. The Administrator may approve the proposal when the basements are t o be designed so that below the base flood level the structure is watertight (i.e., completely dry without human intervention during flooding) with walls impermeable to the passage of water and structural compo- nents with the capability to resist hydro- static and hydrodynamic loads and effects of buoyancy.

(4) In accordance with paragraph (b) ( l ) of this section, a community may propose flood plain management regulations to per- mit storm cellars below the base flood level. The Administrator may approve the pro- posal for storm cellars (as defmed in $59.1 of this subchapter) after the commun- ity has demonstrated an historical need for storm cellars as a means of shelter against recorded occurrences of severe tornado or similar wind storm activities in the area and based upon a community's acknowledge- ment that (i) all new storm cellars shall be limited t o nonhabitable uses, (ii) all elec- trical, heating and other mechanical equip- ment shall be above the base flood level for all new storm cellars; and (iii) the design of storm cellars shall assure that the integrity of the main structure during time of flooding is

. ~ . maintained.

$60.7 Revisions of criteria for flood plain management regulations.

From time to time Part 60 may be revised as experience is acquired under the Program and new information becomes available. Communities will be given six months from the effective date of any new regulation t o revise their flood plain management regula- tions to comply with any such changes.

$60.8 Definitions.

The definitions set forth in Part 59 of this subchapter are applicable t o this Part.

Subpart %Requirements for State Flood Plain

Management Regulations

$60.11 Purpose of this subpart.

( a ) A State is considered a "community" pursuant to $ 59.1 of this Subchapter; and, accordingly, the Act provides that flood insurance shall not be sold or renewed under the Program unless 'a community has adopted adequate flood plain management regulations consistent with criteria estab- lished by the Administrator.

(b) This subpart sets forth the flood plain management criteria required for State- owned properties located within special hazard areas identified by the Administrator. A State shall satisfy such criteria as a condition t o the purchase of a Standard Flood Insurance Policy for a State-owned structure or its contents, or as a condition t o the approval by the Administrator, pup suant t o Part 75 of this subchapter, of its plan of self-insurance.

$ 60.1 2 Flood plain management criteria for Stateewned properties in special hazard areas.

(a) The State shall comply with the minimum flood plain management criteria set forth in $ $60.3, 60.4, and 60.5. A State either shall:

(1 ) Comply with the flood plain manage- ment requirements of all local ~ommunit ies participating in the program in which State- owned properties are located; o r

(2) Establish and enforce flood plain management regulations which, at a mini- mum, satisfy the criteria set for th in $ $60.3, 60.4, and 60.5.

(b) The procedures by which a state government adopts and administers flood plain management regulations satisfying the criteria set forth in $ $60.3, 60.4 and 60.5 may vary from the procedures by which local governments satisfy the criteria.

(c) If any State-owned property is lo- cated in a non-participating local commu- nity, then the State shall comply with the requirements of paragraph (a)(2) of this section for the property.

$ 60.13 Noncompliance.

If a State fails t o submit adequate flood plain management regulations applicable to State-owned properties pursuant -to $60.1 2 within six months of the effective date of this regulation, or fails t o adequately enforce such regulations, the State shall be subject t o suspensive action pursuant to $ 59.24. Where the State fails to adequately enforce its flood plain management regulations, the Administrator shall conduct a hearing before initiating such suspensive action.

Subpart C-Additional Considerations in Managing Flood-Prone, Mudslide

(ie., Mudflow)Prone, and Flood-Related Erosion-Prone Areas

$60.21 Purpose of this subpart.

The purpose of this subpart is t o en- courage the formation and adoption of

overall comprehensive management plans f flood-prone, mudslide (i.e., mudflow)-prone and flood-related erosion-prone areas. While adoption by a community of the standards in this subpart is not mandatory, the com- munity shall completely evaluate these standards.

$60.22 Planning considerations for flood- prone areas.

(a) The flood plain management regula- tions adopted by a community for flood- prone areas should:

(1) Permit only that development of flood-prone areas which (i) is appropriate in light of the probability of flood damage and the need t o reduce flood loses, (ii) is an acceptable social and economic use of the land in relation to the hazards involved, and (iii) does not increase the danger t o human life ;

(2 ) Prohibit nonessential o r improper in- stallation of public utilities and public fa- cilities in flood-prone areas.

( b ) lnform;lating community devel- opment goals after the occurrence of a flood disaster, each community shall consider-

(1) Preservation of the flood-prone areas for open space purposes;

(2) Relocation of occupants away from flood-prone areas;

(3) Acquisition of land or land develop- ment rights for public purpmes consistent with a policy of minimization of future property losses;

(4) Acquisition of frequently flood-. --, damaged structures;

(c) Informulating community develop ment goals and in adopting flood plain management regulations, each community shall consider a t least the following factors-

(1 ) Humansafety; (2) Diversion of development to areas

safe from flooding in light of the need t o reduce f lood damages and in light of the need to prevent environmentally incompati- ble flood plain use;

(3 ) Full disclosure to all prospective and interested parties (including but not limited t o purchasers and renters) that (i) certain structures are located within flood-prone areas, (ii) variances have been granted for certain structures located within flood-prone areas, and (iii) premium rates applied t o new structures built at elevations below the base flood substantially increase as the elevation decreases;

(4 ) Adverse effects of flood plain devel- opment on existing development;

(5) Encouragement of floodproofing t o reduce flood damage;

(6) Flood warning and emergency pre- paredness plans;

(7) Provision for alternative vehicular ac- cess and escape routes when normal routes are blocked or destroyed by flooding;

(8) Establishment of minimum flood- proofing and access requirements for schools, hospitals, nursing homes, orphan- ages, penal institutions, f i i stations, police stations, communications centers, water and, sewage pumping stations, and other public o r quasi-public facilities already located in the flood-prone area, t o enable them to

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hstand flood damage, and t o facilitate emergency operations;

(9) Improvement of local drainage to control increased runoff that might increase the danger of flooding to other ~roper t i es ;

(10) Coordination of plans with neigh- boring community's flood plain management programs;

(11) The requirement that all new con- struction and substantid improvements in areas subject to subsidence be elevated above the base flood level equal to expected sutsisdence for a t least a ten year period;

(12) For riverine areas, requiring sub- dividers t o furnish delineations for flood- ways before approving a subdivision;

(13) Prohibition of any alteration o r relocation of a watercourse, except as part of an overall drainage basin plan. In the event of an overall drainage basin plan, provide that the flood carrying capacity within the altered or relocated portion of the watercourse is maintained;

(14) Requirement of setbacks for new construction within Zones V1-30 o n a com- munity's FIRM;

(15) Requirement of additonal elevation above the base flood level for all new construction and subitantial improvements within Zones A1-30 and V1-30 on the community's FIRM t o protect against such occurrences as wave wash and floating debris, to provide an added margin of safety against floods having a magnitude greater than the base flood, or to compensate for

6' ture urban development; . (16) Requirement of consistency be-

tween state, regional and local comprehen- sive plans and flood plain management pro- grams;

(17) Requirement of p i l i n ~ o r columns rather than fill, for the elevation of struc- tures within flood-prone areas, in order to maintain the storage capacity of the flood plain and to minimize the potential for negative impacts to sensitive ecological areas;

(18) Prohibition, within any floodway or coastal high hazard area, of plants o r fa- cilities in which hazardous substances are manufactured.

$60.23 Planning considerations for mud- slide (i.e. mudflow)/prone areas.

The planning process for communities identified under Part 65 of this subchapter as containing Zone M, or which indicate in their apprications for flood insurance pur- suant t o $59.22 of this subchapter that they have mudslide (i.e., mudflow) areas, should include-

(a) The existence and extent of the hazii-d;

(b) The potential effects of inappropriate hillside development, including

(1) Loss of life and personal injuries, and (2) Public and private property losses,

costs, liabilities, and exposures resulting from potential mudslide (i.e., mudflow) hazards;

(c) The means of avoiding the hazard .-.eluding the (1) availability of land which is

rt mudslide (i.e., mudflow-prone and the reasibility of developing such land instead of further encroaching upon mudslide (i.e., mudflow) areas, (2) possibility of public

acquisition of land, easements, and develop- ment rights t o assure the proper develop- ment of hillsides, and (3) advisability of preserving mudslide (i.e., mudflow) areas as open space;

(d) The means of adjusting to the hazard, including the (1) establishment by ordinance of site exploration, investigation, design, grading, construction, filing, compacting, foundation, sewerage, drainage, subdrainage, planting, inspection and maintenance stand- ards and requirements that promote proper land use, and (2) provision for proper drainage and subdrainage on public property and the location of public utilities and service facilities such as sewer, water, gas and electrical systems and streets in a manner designed t o minimize exposure to mudslide (i.e., mudflow) hazards and prevent their aggravation ;

(e) Coordination of land use, sewer, and drainage regulations and ordinances with fire prevention, flood plain, mudslide (i.e., mudflow), soil, land, and water regulation in neighboring communities;

(f) Planning subdivisions and other devel- opments in such a manner as t o avoid exposure t o mudslide (i.e., mudflow) hazards and the control of public facility and utility extension t o discourage inappro- priate development;

(g) Public facility location and design requirements with higher site stability and access standards for schools, hospitals, nursing homes, orphanages, correctional and other residential institutions, fire and police stations, communication centers, electric power transformers and substations, water and sewer pumping stations and any other public or quasi-public institutions located in the mudslide (i.e., mudflow) area t o enable them t o withstand mudslide (i.e., mudflow) damage and t o facilitate emergency opera- tions; and

(h) Provision far emergencies, including (1) warning, evacuation, abatement, and access procedures in the event of mudslide (i-e., mudflow), (2) enactment of public measures and initiation of private procedures t o l i t danger and damage from continued o r future mudslides (i.e., mudflow), (3) fire prevention procedures in the event of the rupture of gas or electrical distribution systems by mudslides, (4) provisions to avoid contamination of water conduits or deterioration of slope stability by the r u p ture of such systems, (5) similar provisions for sewers which in the event of rupture pose both health and site stability hazards and (6) provisions for alternative vehicular acces and escape routes when normal routes are blocked or destroyed by mhdslides (i.e., mudflow);

(i) The means for assuring wnsistency between state, areawide, and local compre- hensive plans with the plans developed for mudslide (i.e., mudflow)-prone areas;

(j) Deterring the nonessential installation of public utilities and public facilities in mudslide (ie., mudflow)-prone areas.

$60.24 Planning considerations for flood- related erosion-prone areas.

The planning process for communities identified under Part 65 of this subchapter

as containing Zone E or which indicate in their applications for flood insurance cover- age pursuant to 859.22 of this subchapter that they have flood-related erosion areas should include-

(a) The importance of directing future developments t o areas not exposed to flood- related erosion;

(b) The possibility of reserving flood- related erosion-prone areas for open .space purposes;

(c) The coordination of all planning for the flood-related erosion-prone areas with planning a t the State and Regional levels, and with planning a t the level of neighboring communities;

(d) Preventive action in E zones, includ- ing setbacks, shore protection works, relo- cating structures in the path of flood-related erosion, and community acquisition of flood-related erosion-prone properties for public purposes;

(e) Consistency of plans for flood-related erosion-prone areas with comprehensive plans at the state, regional and local levels.

5 60.2 5 State coordination.

(a) State participation in furthering the objectives of this part should include:

(1) Encouraging and assisting communi- ties in qualifying for participation in the Program;

(2) Enacting where necessary, legislation to enable counties and municipalities t o regulate flood, mudslide (i.e., mudflow) and flood-related erosion area development;

(3 ) Designating an agency of the State government to be responsible for coordinat- ing Federal, State, and local aspects of flood plain, mudslide (i.e., mudflow) area and flood-related erosion area management activ- ities in the State;

(4) Assisting in the delineation of flood- related erosion areas, mudslide (i.e., mud- flow) areas, riverine floodways, and coastal high hazard areas, and providing aU relevant technical data t o the Administrator;

(5) Establishing minimum State flood plain, mudslide (i.e., mudflow) and flood- related erosion regulatory standards consist- ent with those established in this Part;

(6) Guiding and assisting municipal and county public bodies and agencies in devel- oping flood plain, mudslide (i.e., mudflow) and flood-related erosion area management plans and flood plain management regula- tions;

(7) Recommending priorities for rate- making studies among those communities of the State which qualify for such studies;

(8) Communicating flood plain, mudslide (i.e., mudflow) and flood-related erosion area information to local governments and to the general public;

(9 ) Participating in flood, mudslide (i.e., mudflow) and flood-related erosion warning and emergency preparedness programs;

(10) Assisting communities in dissemi- nating information on minimum elevations for structures permitted in flood plain areas having special hazards, and in disseminating other information relating t o mudslide (i.e., mudflow) and flood-related erosion areas having special hazards;

(11) Advising public and private agencies

itle 44-Emergency Management and Assistance

(particularly those whose activities or proj- ects might obstruct drainage or the flow of rivers or streams or increase slope instability) on the avoidance of unnecessary aggravation of flood, mudslide (i.e., mudflow) and flood- related erosion hazards;

(12) Requiring that proposed uses of flood plain, mudslide (i.e., mudflow) and flood-related erosion areas conform t o stand- ards established by State environmental and water pollution control agencies t o assure that proper safeguards are being provided to prevent pollution during periods of flooding;

(13) Providing local communities with information on the Program, with particular emphasis on the coordination of State and Federal requirements pertaining to the man- agement of flood-prone, mudslide (i.e., mud- flow)-prone, and flood-related erosion-prone areas;

(14) kssuring coordination and consist- ency of flood plain management and plan- ning with comprehensive planning a t the state, areawide and local levels;

(15) Amending state recording acts so that the following may be recorded for the public's knowledge: (i) a parcel of land and/or a structure is located within a flood- prone, mudslide (i.e., mudflow) and/or flood-related erosion prone area and (ii) a variance has been granted for building a t an elevation below the base flood level, thereby resulting in increased premium rates for flood insurance under the Program.

(16) Assuring coordination between its State Coordinating Agency and any State office established to supervise state partici- pation in the Coastal Zone Management Program;

(17) Providing notification to the Ad- ministrator in the event a participating com- munity violates the Program's requirements;

(18) Assuring coordination efforts in the event a dispute over enactment and adrninis- tration of flood plain management regula- tions arises between communities.

(b) For States whose flood plain, mud- slide (i.e., mudflow) area and flood-related erosion area management program substan- tially encompass the activities described in paragraph (a) of this Section, the Adminis- trator shall:

(1) Give special consideration t o State priority recommendations before selecting communities for ratemaking studies from the register described in $59.23 of this subchapter;

(2) Accept State approved and certified local flood plain management regulations as meeting the requirements of this Part.

$ 60.26 Local coordination.

(a) Local flood plain, mudslide (i.e., mudflow) and flood-related erosion area management, forecasting, emergency pre- paredness, and damage abatement programs should be coordinated with relevant Federal, State, and regional programs;

(b) A community adopting flood plain management regulations pursuant t o these criteria should coordinate with the appro- priate State agency t o promote public ac- ceptance and use of effective flood plain, mudslide, (i.e., mudflow) and flood-related erosion regulations;

(c ) A community should notify adjacent communities prior to substantial commercial developments and large subdivisions t o be undertaken in areas having special flood, mudslide (i.e., mudflow) and/or flood-re- lated erosion hazards.

PART 61-INSURANCE COVERAGE AND RATES

sec. 61.1 Purpose of part. 61.2 Definitions. 61.3 Types of coverage. 61.4 Limitations on coverage. 61.5 Special terms and conditions. 61.6 Maximum amounts of coverage avail-

able. 61.7 Risk premium rate determinations. 61.8 Applicability of risk premium rates. 61.9 Establishment of chargeable rates. 61.10 Minimum premiums. 61.11 Effective date and time of coverage

under the Standard Flood Insurance Policy.

61.12 Rates based on a flood protection system involving Federal funds.

61.13 Standard Flood Insurance Policy. 61 . I 4 Standard Flood Insurance Policy In-

terpretations. 61.15 Assumption of liabilities under all

Outstanding Flood Insurance Policies issued by the National Flood Insurers Association. -.

Appendix A-Standard Flood Insurance Pol- icy; Dwelling and General Property Forms.

Authority: Sec. 7(d), 79 Stat. 670; 42 U.S.C. 3535(d); sec. 1306, 8 2 Stat. 575 (42 U.S.C. 4013); Reorganization Plan No. 3 of 1978 (43 F R 41943) and Executive Order 12127, dated March 31, 1979 (44 FR 19367) and delegation of authority to Fed- e r a l Insurance Administrator (44 FR 20963), unless otherwise noted.

Source: 4 3 FR 2570, Jan. 17 , 1978, unless otherwise noted. Redesignated a t 44 F R 31177, May 31,1979.

$ 61.1 Purpose of part.

This Part describes the types of properties eligible for flood insurance coverage under the Program, the limits of such coverage, and the premium rates actually t o be paid by insureds. The specific communities eligible for coverage are designated by the Adminis- trator from time to time as applications are approved under the emergency program and as raternaking studies of communities are completed prior t o the regular program. Lists of such communities are periodically published under Part 64 of this subchapter.

$61.2 Definitions.

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

5 61.3 Types of coverage.

Insurance coverage under the Program is available for structures and their contents. Coverage for each may be purchased sepa- rately. One policy t o provide insurance for

more than one structure is not availai under the Program.

561.4 Limitations on coverage.

(a) All flood insurance made available under the Program is subject:

(1) To the Act, the Amendments there- to, and the Regulations issued under the Act;

(2) To the terms and conditions of the Standard Flood Insurance Policy, which shall be promulgated by the Administrator for substance and form, and which is subject to interpretation by the Administrator as t o scope of coverage pursuant t o the applicable statutes and regulations;

(3) To the specified limits of coverage set forth in the Application and Declarations page of the policy; and

(4) To the maximum limits of coverage set forth in $61.6.

(b ) Insurance under the Program is avail- able only for loss due t o flood, as defined in 359.1 of this subchapter. The policy covers damage from a general condition of flooding in the area which results from other than natural causes, such as the breaking of a dam, but does not cover damage which results from causes on the insured's own property or within his control or from any condition which causes damage, which con- dition is substantially confined t o the in- sured's premises or properties immediately adjacent thereto.

(c) The policy does not cover losses from rain, snow, sleet, hail, or water spray that d ; not result in a general condition of flooding. ,

It covers losses from freezing or thawing, o r from the pressure or weight of ice and water, only where they occur simultaneously with and as a part of flood damage. It covers losses from mudslide (i.e., mudflow) but does no t cover damage from landslides o r

'from earthquakes or similar earth move- ments which are volcanic or tectonic in origin. The policy does not cover erosion which is not flood-related, claims resulting from occurrences already in progress a t the time of the inception date of the term of the policy, or losses caused by land slippage rather than mudslide (see definition of mud- slidelmudflow in $59.1 of this subchapter). Damage by seepage and sewer backup may be covered only when directly resulting from a flooding situation. Abnormal erosion caused by high water levels accompanied by violent wave action along a lake or other body of water is considered a flood (see definition of flood-related erosion in $59.1 of this subchapter). However, there is no coverage where normal, continuous wave action, accompanied by erosion or the grad- ual and anticipated wearing away of the land is the proximate cause of property damage.

(d) The policy protects against loss t o contents only a t the location described in . the application, except that contents neces- sarily removed from the premises for preser- vation from a flood are protected against loss o r damage from flood at the new location, if placed in a fully enclosed build- ing, pro rata for a period of 45 d a y s

$61.5 Special terms and conditions.

(a) No new flood insurance or renewal of