APPENDIX E: 
NFIP REGULATIONS 

This Appendix contains the text of the Code of Federal Regulations (CFR) for the National Flood Insurance 

Program: 44 CFR Parts 59, 60, 65, and 70. 

TITLE 44--EMERGENCY MANAGEMENT 
AND ASSISTANCE 

CHAPTER I--FEDERAL EMERGENCY 
MANAGEMENT AGENCY, DEPARTMENT 
OF HOMELAND SECURITY 

PART 59--GENERAL PROVISIONS  Table of 
Contents 

Subpart A-General 

Sec. 

59.1 Definitions. 
59.2 Description of program. 
59.3 Emergency program. 
59.4 References. 
Subpart B-Eligibility Requirements 

Sec. 

59.21 Purpose of subpart. 
59.22 Prerequisites for the sale of flood insurance. 
59.23 Priorities for the sale of flood insurance under 
the regular program. 
59.24 Suspension of community eligibility. 
Authority: 42 U.S.C. 4001 et seq.; Reorganization 
Plan No. 3 of 1978, 43 FR 41943, 3 CFR, 1978 
Comp., p. 329; E.O. 12127 of Mar. 31, 1979, 44 FR 
19367, 3 CFR, 1979 Comp., p. 376. 
Subpart A--General 

 59.1 Definitions. 

As used in this subchapter 
Act means the statutes authorizing the National 
Flood Insurance Program that are incorporated in 42 

U.S.C. 4001-4128. 
Actuarial rates--see risk premium rates. 
Administrator means the Federal Insurance 
Administrator. 

Agency means the Federal Emergency 
Management Agency, Washington DC. 
Alluvial fan flooding means flooding occurring on 
the surface of an alluvial fan or similar landform 
which originates at the apex and is characterized by 
high-velocity flows; active processes of erosion, 
sediment transport, and deposition; and, 
unpredictable flow paths. Apex means a point on 
an alluvial fan or similar landform below which the 
flow path of the major stream that formed the fan 
becomes unpredictable and alluvial fan flooding can 
occur. 
Applicant means a community which indicates a 
desire to participate in the Program. 
Appurtenant structure means a structure which is 
on the same parcel of property as the principal 
structure to be insured and the use of which is 
incidental to the use of the principal structure. 
Area of future-conditions flood hazard means the 
land area that would be inundated by the 1percentannual-chance (100-year) flood based on future-
conditions hydrology. 
Area of shallow flooding means a designated AO, 
AH, AR/AO, AR/AH, or VO zone on a community's 
Flood Insurance Rate Map (FIRM) with a 1 percent 
or greater annual chance of flooding to an average 
depth of 1 to 3 feet where a clearly defined channel 
does not exist, where the path of flooding is 
unpredictable, and where velocity flow may be 
evident. Such flooding is characterized by ponding or 
sheet flow. 
Area of special flood-related erosion hazard is the 
land within a community which is most likely to 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 erosion hazard 
area in preparation for publication of the FIRM, Zone 
E may be further refined. 

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Area of special flood hazard is the land in the flood 
plain within a community subject to a 1 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 flood insurance rate 
map, Zone A usually is refined into Zones A, AO, 
AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, 
AR/AO, AR/AH, AR/A, VO, or V1-30, VE, or V. 
For purposes of these regulations, the term ``special 
flood hazard area'' is synonymous in meaning with 
the phrase ``area of special flood hazard''. 
Area of special mudslide (i.e., mudflow) hazard is 
the land within a community most likely to be subject 
to 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. 
Base flood means the flood having a one percent 
chance of being equalled or exceeded in any given 
year. 
Basement' means any area of the building having 
its floor subgrade (below ground level) on all sides. 
Breakaway wall means a wall that is not part of the 
structural support of the building and is intended 
through its design and construction to collapse under 
specific lateral loading forces, without causing 
damage to the elevated portion of the building or 
supporting foundation system. 
Building - see structure. 
Chargeable rates mean the rates established 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 community (CEO) 
means the official of the community who is charged 
with the authority to implement and administer laws, 
ordinances and regulations for that community. 
Coastal high hazard area means an area of special 
flood hazard extending from offshore to the inland 
limit of a primary frontal dune along an open coast 
and any other area subject to high velocity wave 
action from storms or seismic sources. 
Community means any State or area or political 
subdivision thereof, or any Indian tribe or authorized 
tribal organization, or Alaska 

Native village or authorized native organization, 
which has authority to adopt and enforce flood plain 
management regulations for the areas within its 
jurisdiction. 
Contents coverage is the insurance on personal 
property within an enclosed structure, including the 
cost of debris removal, and the reasonable cost of 
removal of contents to minimize damage. Personal 
property may be household goods usual or incidental 
to residential occupancy, or merchandise, furniture, 
fixtures, machinery, equipment and supplies usual to 
other than residential occupancies. 
Criteria means the comprehensive criteria 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. 
Critical feature means an integral and readily 
identifiable part of a flood protection system, without 
which the flood protection provided by the entire 
system would be compromised. 
Curvilinear Line means the border on either a 
FHBM or FIRM that delineates the special flood, 
mudslide (i.e., mudflow) and/or flood-related erosion 
hazard areas and consists of a curved or contour line 
that follows the topography. 
Deductible means the fixed amount or percentage 
of any loss covered by insurance which is borne by 
the insured prior to the insurer's liability. 
Developed area means an area of a community that 
is: 

(a) A primarily urbanized, built-up area that is a 
minimum of 20 contiguous acres, has basic urban 
infrastructure, including roads, utilities, 
communications, and public facilities, to sustain 
industrial, residential, and commercial activities, 
and 
(1) Within which 75 percent or more of the parcels, 
tracts, or lots contain commercial, industrial, or 
residential structures or uses; or 
(2) Is a single parcel, tract, or lot in which 75 percent 
of the area contains existing commercial or industrial 
structures or uses; or 
(3) Is a subdivision developed at a density of at least 
two residential structures per acre within which 75 
percent or more of the lots contain existing residential 
structures at the time the designation is adopted. 
(b) Undeveloped parcels, tracts, or lots, the 
combination of which is less than 20 acres and 
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contiguous on at least 3 sides to areas meeting the 
criteria of paragraph (a) at the time the designation is 
adopted. 

(c) A subdivision that is a minimum of 20 contiguous 
acres that has obtained all necessary government 
approvals, provided that the actual start of 
construction'' of structures has occurred on at least 10 
percent of the lots or remaining lots of a subdivision 
or 10 percent of the maximum building coverage or 
remaining building coverage allowed for a single lot 
subdivision at the time the designation is adopted and 
construction of structures is underway. Residential 
subdivisions must meet the density criteria in 
paragraph (a)(3). 
Development means any man-made change to 
improved or unimproved real estate, including but not 
limited to buildings or other structures, mining, 
dredging, filling, grading, paving, excavation or 
drilling operations or storage of equipment or 
materials.. 
Director means the Director of the Federal 
Emergency Management Agency. 
Eligible community or participating community 
means a community for which the Administrator has 
authorized the sale of flood insurance under the 
National Flood Insurance Program. 
Elevated building means, for insurance purposes, a 
nonbasement building which has its lowest elevated 
floor raised above ground level by foundation walls, 
shear walls, posts, piers, pilings, or columns. 
Emergency 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 FIRM. 
Erosion means the process of the gradual wearing 
away of land masses. This peril is not per se covered 
under the Program. 
Exception means a waiver from the provisions of 
part 60 of this subchapter directed to a community 
which relieves it from the requirements of a rule, 
regulation, order or other determination made or 
issued pursuant to the 
Act. 
Existing construction means for the purposes of 
determining rates, structures for which the start of 
construction commenced before the effective date of 
the FIRM or before January 1, 1975, for FIRMs 
effective before that date. 
Existing construction' may also be referred to as 
existing structures. 
Existing manufactured home park or 
subdivision means a manufactured home park or 
subdivision for which the construction of facilities for 
servicing the lots on which the manufactured homes 
are to be affixed (including, at a minimum, the 
installation of utilities, the construction of streets, and 
either final site grading or the pouring of concrete 
pads) is completed before the effective date of the 
floodplain management regulations adopted by a 
community. 
Existing structures - see existing construction. 
Expansion to an existing manufactured home park 
or subdivision means the preparation of additional 
sites by the construction of facilities for servicing the 
lots on which the manufacturing homes are to be 
affixed (including the installation of utilities, the 
construction of streets, and either final site grading or 
the pouring of concrete pads). 
Federal agency means any department, agency, 
corporation, or other entity or instrumentality of the 
executive branch of the Federal Government, and 
includes the Federal National Mortgage Association 
and the Federal Home Loan Mortgage Corporation. 
Federal instrumentality responsible for the 
supervision, approval, regulation, or insuring of 
banks, savings and loan associations, or similar 
institutions means the Board of Governors of the 
Federal Reserve System, the Federal Deposit 
Insurance Corporation, the Comptroller of the 
Currency, the Federal Home Loan Bank Board, the 
Federal Savings and Loan Insurance Corporation, and 
the National Credit Union Administration. 
Financial assistance means any form of loan, grant, 
guaranty, insurance, payment, rebate, subsidy, 
disaster assistance loan or grant, or any other form of 
direct or indirect Federal assistance, other than 
general or special revenue sharing or formula grants 
made to States. 
Financial assistance for acquisition or construction 
purposes means any form of financial assistance 
which is intended in whole or in part for the 
acquisition, construction, reconstruction, repair, or 
improvement of any publicly or privately owned 
building or mobile home, and for any machinery, 
equipment, fixtures, and furnishings contained or to 
be contained therein, and shall include the purchase 
or subsidization of mortgages or mortgage loans but 
shall exclude assistance pursuant to the Disaster 
Relief Act of 1974 other than assistance under such 
Act in connection with a flood. It includes only 
financial assistance insurable under the Standard 
Flood Insurance Policy. 

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First-layer coverage is the maximum amount of
structural and contents insurance coverage available
under the Emergency Program. 
Flood or 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 by flooding as defined in paragraph (a)(2) of 
this definition and are akin to a river of liquid and 
flowing mud on the surfaces of normally dry land 
areas, as when earth is carried by a current of water 
and deposited along the path of the current. 
(b) The collapse or subsidence 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 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 
flash flood or an abnormal tidal surge, or by some 
similarly unusual and unforeseeable event which 
results in flooding as defined in paragraph (a)(1) of 
this definition. 
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 or greater chance of 
occurrence in any given year. 
Flood elevation study means an examination, 
evaluation and determination of flood hazards and, if 
appropriate, corresponding water surface elevations, 
or 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 Zones 
A, M, and/or E. 
Flood insurance means the insurance coverage 
provided under the Program. 
Flood Insurance Rate Map (FIRM) means an 
official map of a community, on 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 or flood-prone area means any land 
area susceptible to 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 emergency preparedness plans, flood 
control works and flood plain management 
regulations. 
Flood plain management regulations means zoning 
ordinances, subdivision regulations, building codes, 
health regulations, special purpose ordinances (such 
as a flood plain ordinance, grading ordinance and 
erosion control ordinance) and other applications of 
police power. The term describes such state or local 
regulations, in any combination 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 of the depths of associated flooding. Such a 
system typically includes hurricane tidal barriers, 
dams, reservoirs, levees or dikes. These specialized 
flood modifying works are those constructed in 
conformance with sound engineering standards. 
Flood proofing means any combination of 
structural and non-structural additions, changes, or 
adjustments to structures which reduce or eliminate 
flood damage to real estate or improved real property, 
water and sanitary facilities, structures and their 
contents. 
Flood-related erosion means the collapse or 
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-related erosion 
prone area means a land area adjoining the shore of 
a lake or other body of water, which due to the 
composition of the shoreline or bank and high water 
levels or wind-driven currents, is likely to suffer 
flood-related erosion damage. 
Flood-related erosion area management means the 
operation of an overall program of corrective and 

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preventive measures for reducing flood-related 
erosion damage, including but not limited to 
emergency preparedness plans, flood-related erosion 
control works, and flood plain management 
regulations. 
Floodway - see regulatory floodway. 
Floodway encroachment lines mean the lines 
marking the limits of floodways on Federal, State and 
local flood plain maps. 
Freeboard 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 contribute to flood heights greater than the 
height calculated for a selected size flood and 
floodway conditions, such as wave action, bridge 
openings, and the hydrological effect of urbanization 
of the watershed. 
Functionally dependent use means a use which 
cannot perform its intended purpose unless it is 
located or carried out in close proximity to water. The 
term includes only docking facilities, port facilities 
that are necessary for the loading and unloading of 
cargo or passengers, and ship building and ship repair 
facilities, but does not include long-term storage or 
related manufacturing facilities. 
Future-conditions flood hazard area, or future-
conditions floodplain--see Area of future-conditions 
flood hazard. 
Future-conditions hydrology means the flood 
discharges associated with projected land-use 
conditions based on a community's zoning maps 
and/or comprehensive land-use plans and without 
consideration of projected future construction of 
flood detention structures or projected future 
hydraulic modifications within a stream or other 
waterway, such as bridge and culvert construction, 
fill, and excavation. 
General Counsel means the General Counsel of the 
Federal Emergency Management Agency. 
Highest adjacent grade means the highest natural 
elevation of the ground surface prior to construction 
next to the proposed walls of a structure. 
Historic Structure means any structure that is: 

(a) Listed individually in the National Register of 
Historic Places (a listing maintained by the 
Department of Interior) or preliminarily determined 
by the Secretary of the Interior as meeting the 
requirements for individual listing on the National 
Register; 
(b) Certified or preliminarily determined by the 
Secretary of the Interior as contributing to the 
historical significance of a registered historic district 
or a district preliminarily determined by the Secretary 
to qualify as a registered historic district; 

(c) Individually listed on a state inventory of historic 
places in states with historic preservation programs 
which have been approved by the Secretary of the 
Interior; or 
(d) Individually listed on a local inventory of historic 
places in communities with historic preservation 
programs that have been certified either: 
(1) By an approved state program as determined by 
the Secretary of the Interior or 
(2) Directly by the Secretary of the Interior in states 
without approved programs. 
Independent scientific body means a non-Federal 
technical or scientific organization involved in the 
study of land use planning, flood plain management, 
hydrology, geology, geography, or any other related 
field of study concerned with flooding. 
Insurance adjustment organization means any 
organization or person engaged in the business of 
adjusting loss claims arising under the Standard 
Flood Insurance Policy. 
Insurance company or insurer means any person or 
organization authorized to engage in the insurance 
business under the laws of any State. 
Levee means a man-made structure, usually an 
earthen embankment, designed and constructed in 
accordance with sound engineering practices to 
contain, control, or divert the flow of water so as to 
provide protection from temporary 
flooding. 
Levee System means a flood protection system 
which consists of a levee, or levees, and associated 
structures, such as closure and drainage devices, 
which are constructed and operated in accordance 
with sound engineering practices. 
Lowest Floor means the lowest floor of the lowest 
enclosed area (including basement). An unfinished or 
flood resistant enclosure, usable solely for parking of 
vehicles, building access or storage in an area other 
than a basement area is not considered a building's 
lowest floor; provided, that such enclosure is not built 
so as to render the structure in violation of the 
applicable non-elevation design requirements of Sec. 
60.3. 
Mangrove stand means an assemblage of mangrove 
trees which are mostly low trees noted for a copious 
development of interlacing adventitious roots above 
the ground and which contain one or more of the 
following species: Black mangrove (Avicennia 
Nitida); red mangrove (Rhizophora Mangle); white 
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mangrove (Languncularia Racemosa); and 
buttonwood (Conocarpus Erecta). 
Manufactured home means a structure, 
transportable in one or more sections, which is built 
on a permanent chassis and is designed for use with 
or without a permanent foundation when attached to 
the required utilities. The term manufactured home' 
does not include a recreational vehicle. 
Manufactured home park or subdivision' means a 
parcel (or contiguous parcels) of land divided into 
two or more manufactured home lots for rent or sale. 
Map means the Flood Hazard Boundary Map 
(FHBM) or the Flood Insurance Rate Map (FIRM) 
for a community issued by the Agency. 
Mean sea level means, for purposes of the National 
Flood Insurance Program, the National Geodetic 
Vertical Datum (NGVD) of 1929 or other datum, to 
which base flood elevations shown on a community's 
Flood Insurance Rate Map are referenced. 
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 brush cover, and the subsequent 
accumulation of water on the ground preceded by a 
period of unusually heavy or sustained rain. A 
mudslide (i.e., mudflow) may occur as a distinct 
phenomenon while a landslide is in progress, and will 
be recognized as such by the Administrator only if 
the mudflow, and not the landslide, is the proximate 
cause of damage that occurs. 
Mudslide (i.e., mudflow) area management means 
the operation of an overall program of corrective and 
preventive measures for reducing mudslide (i.e., 
mudflow) damage, including but not limited to 
emergency preparedness plans, mudslide control 
works, and flood plain management regulations. 
Mudslide (i.e., mudflow) prone area means an area 
with land surfaces and slopes of unconsolidated 
material where the history, geology and climate 
indicate a potential for mudflow. 
New construction means, for the purposes of 
determining insurance rates, structures for which the 
``start of construction'' commenced on or after the 
effective date of an initial FIRM or after December 
31, 1974, whichever is later, and includes any 
subsequent improvements to such structures. For 
floodplain management purposes, new construction 
means structures for which the start of construction 
commenced on or after the effective date of a 
floodplain management regulation adopted by a 
community and includes any subsequent 
improvements to such structures. 

New manufactured home park or subdivision 
means a manufactured home park or subdivision for 
which the construction of facilities for servicing the 
lots on which the manufactured homes are to be 
affixed (including at a minimum, the installation of 
utilities, the construction of streets, and either final 
site grading or the pouring of concrete pads) is 
completed on or after the effective date of floodplain 
management regulations adopted by a community. 
100-year flood - see base flood. 
Participating community, also known as an eligible 
community, means a community in which the 
Administrator has authorized the sale of flood 
insurance. 
Person includes any individual or group of 
individuals, corporation, partnership, association, or 
any other entity, including State and local 
governments and agencies. 
Policy means the Standard Flood Insurance Policy. 
Premium means the total premium payable by the 
insured for the coverage or coverages provided under 
the policy. The calculation of the premium may be 
based upon either chargeable rates or risk premium 
rates, or a combination of both. 
Primary frontal dune means a continuous or nearly 
continuous mound or ridge of sand with relatively 
steep seaward and landward slopes immediately 
landward and adjacent to the beach and subject to 
erosion and overtopping from high tides and waves 
during major coastal storms. The inland limit of the 
primary frontal dune occurs at the point where there 
is a distinct change from a relatively steep slope to a 
relatively mild slope. 
Principally above ground means that at least 51 
percent of the actual cash value of the structure, less 
land value, is above ground. 
Program means the National Flood Insurance 
Program authorized by 42 U.S.C. 4001 through 4128. 
Program deficiency means a defect in a 
community's flood plain management regulations or 
administrative procedures that impairs effective 
implementation of those flood plain management 
regulations or of the standards in Sec. 60.3, 60.4, 
60.5, or 60.6. 
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 to be a part of such project cost. 
Recreational vehicle means a vehicle which is: 

(a) Built on a single chassis; 
(b) 400 square feet or less when measured at the 
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largest horizontal projection; 

(c) Designed to be self-propelled or permanently 
towable by a light duty truck; and 
(d) Designed primarily not for use as a permanent 
dwelling but as temporary living quarters for 
recreational, camping, travel, or seasonal use. 
Reference feature is the receding edge of a bluff or 
eroding frontal dune, or if such a feature is not 
present, the normal high-water line or the seaward 
line of permanent vegetation if a high-water line 
cannot be identified. 
Regular Program means the Program authorized by 
the Act under which risk premium rates are required 
for the first half of available coverage (also known as 
``first layer'' coverage) for all new construction and 
substantial improvements started on or after the 
effective date of the FIRM, or after December 31, 
1974, for FIRM's effective on or before that date. All 
buildings, the construction of which started before the 
effective date of the FIRM, or before January 1, 
1975, for FIRMs effective before that date, are 
eligible for first 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 
Administrator has completed a risk study for the 
community. 
Regulatory floodway means the channel of a river 
or other watercourse and the adjacent land areas that 
must be reserved in order to discharge the base flood 
without cumulatively increasing the water surface 
elevation more than a designated height. 
Remedy a violation means to bring the structure or 
other development into compliance with State or 
local flood plain management regulations, or, if this 
is not possible, to reduce the impacts of its 
noncompliance. Ways that impacts may be reduced 
include protecting the structure or other affected 
development from flood damages, implementing the 
enforcement provisions of the ordinance or otherwise 
deterring future similar violations, or reducing 
Federal financial exposure with regard to the 
structure or other development. 
Risk premium rates mean those rates established by 
the Administrator pursuant to individual community 
studies and investigations which are undertaken to 
provide flood insurance in accordance with section 
1307 of the Act and the accepted actuarial principles. 
Risk premium rates'' include provisions 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. 
Scientifically incorrect. The methodology(ies) 
and/or assumptions which have been utilized are 
inappropriate for the physical processes being 
evaluated or are otherwise erroneous. 
Second layer coverage means an additional limit of 
coverage equal to the amounts made available under 
the Emergency Program, and made available under 
the Regular Program. 
Servicing company means a corporation, 
partnership, association, or any other organized entity 
which contracts with the Federal Insurance 
Administration to service insurance policies under the 
National Flood Insurance Program for a particular 
area. 
Sheet flow area- see area of shallow flooding. 
60-year setback means a distance equal to 60 times 
the average annual long term recession rate at a site, 
measured from the reference feature. 
Special flood hazard area-- see area of special 
flood hazard'. 
Special hazard area means an area having special 
flood, mudslide (i.e., mudflow), or flood-related 
erosion hazards, and shown on an FHBM or FIRM as 
Zone A, AO, A1-30, AE, AR, AR/A1-30, AR/AE, 
AR/AO, AR/AH, AR/A, A99, AH, VO, V1-30, VE, 
V, M, or E. 
Standard Flood Insurance Policy means the flood 
insurance policy issued by the Federal Insurance 
Administrator, or an insurer pursuant to an 
arrangement with the Administrator pursuant to 
Federal statutes and regulations. 
Start of Construction (for other than new 
construction or substantial improvements under the 
Coastal Barrier Resources Act (Pub. L. 97348)), 
includes substantial improvement, and means the date 
the building permit was issued, provided the actual 
start of construction, repair, reconstruction, 
rehabilitation, addition placement, or other 
improvement was within 180 days of the permit 
date. The actual start means either the first placement 
of permanent construction of a structure on a site, 
such as the pouring of slab or footings, the 
installation of piles, the construction of columns, or 
any work beyond the stage of excavation; or the 
placement of a manufactured home on a foundation. 
Permanent construction does not include land 
preparation, such as clearing, grading and filling; 

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nor does it include the installation of streets and/or 
walkways; nor does it include excavation for a 
basement, footings, piers, or foundations or 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 part of the main structure. For a 
substantial improvement, the actual start of 
construction means the first alteration of any wall, 
ceiling, floor, or other structural part of a building, 
whether or not that alteration affects the external 
dimensions of the building. 
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 implementation 
of the National Flood Insurance Program in that state. 
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 floodplain management 
purposes, a walled and roofed building, including a 
gas or liquid storage tank, that is principally above 
ground, as well as a manufactured home. Structure, 
for insurance purposes, means: 

(1) A building with two or more outside rigid walls 
and a fully secured roof, that is affixed to a 
permanent site; 
(2) A manufactured home (``a manufactured home,'' 
also known as a mobile home, is a structure: built on 
a permanent chassis, transported to its site in one or 
more sections, and affixed to a permanent 
foundation); or 
(3) A travel trailer without wheels, built on a chassis 
and affixed to a permanent foundation, that is 
regulated under the community's floodplain 
management and building ordinances or laws. 
For the latter purpose, `structure does not mean a 
recreational vehicle or a park trailer or other similar 
vehicle, except as described in paragraph (3) of this 
definition, or a gas or liquid storage tank. 
Subsidized rates mean the rates established by the 
Administrator involving in the aggregate a 
subsidization by the Federal Government. 
Substantial damage means damage of any origin 
sustained by a structure whereby the cost of restoring 
the structure to its before damaged condition would 
equal or exceed 50 percent of the market value of the 
structure before the damage occurred. 
Substantial improvement means any 
reconstruction, rehabilitation, addition, or other 
improvement of a structure, the cost of which equals 
or exceeds 50 percent of the market value of the 
structure before the start of construction of the 
improvement. This term includes structures which 
have incurred ``substantial damage'', regardless of the 
actual repair work performed. The term does not, 
however, include either: 

(1) Any project for improvement of a structure to 
correct existing violations of state or local health, 
sanitary, or safety code specifications which have 
been identified by the local code enforcement official 
and which are the minimum necessary to assure safe 
living conditions or 
(2) Any alteration of a historic structure, provided 
that the alteration will not preclude the structure's 
continued designation as a historic structure. 
30-year setback means a distance equal to 30 times 
the average annual long term recession rate at a site, 
measured from the reference feature. 
Technically incorrect. The methodology(ies) 
utilized has been erroneously applied due to 
mathematical or measurement error, changed 
physical conditions, or insufficient quantity or quality 
of input data. 
V Zone - see coastal high hazard area.' 
Variance means a grant of relief by a community 
from the terms of a flood plain management 
regulation. 
Violation means the failure of a structure or other 
development to be fully compliant with the 
community's flood plain management regulations. A 
structure or other development without the elevation 
certificate, other certifications, or other evidence of 
compliance required in Sec. 60.3(b)(5), (c)(4), 
(c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to 
be in violation until such time as that documentation 
is provided. 
Water surface elevation means the height, in 
relation to the National Geodetic Vertical Datum 
(NGVD) of 1929, (or other datum, where 
NFIP Regulations 


specified) of floods of various magnitudes and 
frequencies in the flood plains of coastal or riverine 
areas. 
Zone of imminent collapse means an area subject 
to erosion adjacent to the shoreline of an ocean, bay, 
or lake and within a distance equal to 10 feet plus 5 
times the average annual long-term erosion rate for 
the site, measured from the reference feature. 
[41 FR 46968, Oct. 26, 1976] 
Editorial Note: For Federal Register citations 
affecting Sec. 59.1, see the List of CFR Sections 
Affected, which appears in the Finding Aids section 
of the printed volume and on GPO access. 

 59.2 Description of program. 

(a) The National Flood Insurance Act of 1968 was 
enacted by title XIII of the Housing and Urban 
Development Act of 1968 (Pub. L. 90448, August 1, 
1968) to provide previously unavailable flood 
insurance protection to property owners in flood-
prone areas. Mudslide (as defined in Sec. 59.1) 
protection was added to the Program by the Housing 
and Urban Development Act of 1969 (Pub. L. 91152, December 24, 1969). Flood-related erosion (as 
defined in Sec. 59.1) protection was added to the 
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 or construction purposes with respect to 
insurable buildings and mobile homes within an 
identified 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 
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 Program, subject to certain 
exceptions. See FIA published Guidelines at Sec. 
59.4(c). 
(b) To qualify for the sale of federally-subsidized 
flood insurance a community must adopt and submit 
to the Administrator as part of its application, flood 
plain management regulations, satisfying at a 
minimum 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 regulations must include effective 
enforcement provisions. 
(c) Minimum requirements for adequate flood plain 
management regulations are set forth in Sec. 60.3 for 
flood-prone areas, in Sec. 60.4 for mudslide (i.e., 
mudflow) areas and in Sec. 60.5 for flood-related 
erosion areas. Those applicable requirements and 
standards are based on the amount of technical 
information available to the community. 
[41 FR 46968, Oct. 26, 1976, as amended at 43 FR 
7140, Feb. 17, 1978. Redesignated at 44 FR 31177, 
May 31, 1979, and amended at 48 FR 44552, Sept. 
29, 1983; 49 FR 4751, Feb. 8, 1984] 
 59.3 Emergency program. 

The 1968 Act required a risk study to be undertaken 
for each community before it 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 Emergency 
Flood Insurance Program as a new section 1336 of 
the National Flood Insurance Act (42 U.S.C. 4056) to 
permit the early sale of insurance in flood-prone 
communities. The emergency program 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 to 
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 for 
higher limits of coverage for existing structures. 
[43 FR 7140, Feb. 17, 1978. Redesignated at 44 FR 
31177, May 31, 1979, and amended at 48 FR 44543, 
Sept. 29, 1983] 

NFIP Regulations 


 59.4 References. 

(a) The following are statutory references for the 
National Flood Insurance Program, under which 
these regulations are issued: 
(1) National Flood Insurance Act of 1968 (title XIII 
of the Housing and Urban Development Act of 
1968), Pub. L. 90-448, approved August 1, 1968, 42 
U.S.C. 4001 et seq. 
(2) Housing and Urban Development Act of 1969 
(Pub. L. 91-152, approved December 24, 1969). 
(3) Flood Disaster Protection Act of 1973 (87 Stat. 
980), Public Law 93-234, approved December 31, 
1973. 
(4) Section 816 of the Housing and Community 
Development Act of 1974 (87 Stat. 975), Public Law 
93-383, approved August 22, 1974. 
(5) Public Law 5-128 (effective October 12, 1977). 
(6) 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 (Floodplain Management, 
dated May 24, 1977 (42 FR 26951, May 25, 1977)). 
(2) The Flood Control Act of 1960 (Pub. L. 86645). 
(3) Title II, section 314 of title III and section 406 of 
title IV of the Disaster Relief Act of 1974 (Pub. L. 
93-288). 
(4) Coastal Zone Management Act (Pub. L. 92583), 
as amended Public Law 94-370. 
(5) Water Resources Planning Act (Pub. L. 8990), as 
amended Public Law 94-112 (October 16, 1975). 
(6) Title I, National Environmental Policy Act (Pub. 
L. 91-190). 
(7) Land and Water Conservation Fund Act (Pub. 
L. 89-578), and subsequent amendments thereto. 
(8) Water Resources Council, Principals and 
Standards for Planning, Water and Related Land 
Resources (38 FR 24778-24869, September 10, 
1973). 
(9) Executive Order 11593 (Protection and 
Enchancement of the Cultural Environment), dated 
May 13, 1971 (36 FR 8921, May 15, 1971). 
(10) 89th Cong., 2nd Session, H.D. 465. 
(11) Required land use element for comprehensive 
planning assistance under section 701 of the 
Housing Act of 1954, as amended by the Housing 
and Community Development Act of 1974 (24 CFR 
600.72). 
(12) Executive Order 11990 (Protection of Wetlands, 
dated May 24, 1977 (42 FR 26951, May 25, 1977)). 
(13) Water Resources Council (Guidance for 
Floodplain Management) (42 FR 52590, September 
30, 1977). 
(14) Unified National Program for Floodplain 
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 mandatory purchase of flood insurance 
under section 102 of the Flood Disaster Protection 
Act of 1973: Mandatory Purchase of Flood Insurance 
Guidelines (54 FR 29666-29695, July 13, 1989). 
[41 FR 46968, Oct. 26, 1976, as amended at 43 FR 
7140, Feb. 17, 1978. Redesignated at 44 FR 31177, 
May 31, 1979, and amended at 57 FR 19540, May 7, 
1992] 
 59.2 Description of program. 

(a) The National Flood Insurance Act of 1968 was 
enacted by title XIII of the Housing and Urban 
Development Act of 1968 (Pub. L. 90-448, August 1, 
1968) to provide previously unavailable flood 
insurance protection to property owners in flood-
prone areas. Mudslide (as defined in Sec. 59.1) 
protection was added to the Program by the Housing 
and Urban Development Act of 1969 (Pub. L. 91152, December 24, 1969). Flood-related erosion (as 
defined in Sec. 59.1) protection was added to the 
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 or construction purposes with respect to 
insurable buildings and mobile homes within an 
identified 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 
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 Program, subject to certain 
exceptions. See FIA published Guidelines at Sec. 
59.4(c). 
(b) To qualify for the sale of federally-subsidized 
flood insurance a community must adopt and submit 
NFIP Regulations E-10 


to the Administrator as part of its application, flood 
plain management regulations, satisfying at a 
minimum 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 regulations must include effective 
enforcement provisions. 

(c) Minimum requirements for adequate flood plain 
management regulations are set forth in Sec. 60.3 for 
flood-prone areas, in Sec. 60.4 for mudslide (i.e., 
mudflow) areas and in Sec. 60.5 for flood-related 
erosion areas. Those applicable requirements and 
standards are based on the amount of technical 
information available to the community. 
[41 FR 46968, Oct. 26, 1976, as amended at 43 FR 
7140, Feb. 17, 1978. Redesignated at 44 FR 31177, 
May 31, 1979, and amended at 48 FR 44552, Sept. 
29, 1983; 49 FR 4751, Feb. 8, 1984] 
 59.4 References. 

(a) The following are statutory references for the 
National Flood Insurance Program, under which 
these regulations are issued: 
(1) National Flood Insurance Act of 1968 (title XIII 
of the Housing and Urban Development Act of 
1968), Pub. L. 90-448, approved August 1, 1968, 42 
U.S.C. 4001 et seq. 
(2) Housing and Urban Development Act of 
1969 (Pub. L. 91-152, approved December 24, 1969). 
(3) Flood Disaster Protection Act of 1973 (87 Stat. 
980), Public Law 93-234, approved December 31, 
1973. 
(4) Section 816 of the Housing and Community 
Development Act of 1974 (87 Stat. 975), Public Law 
93-383, approved August 22, 1974. 
(5) Public Law 5-128 (effective October 12, 1977). 
(6) 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 (Floodplain Management, 
dated May 24, 1977 (42 FR 26951, May 25, 1977)). 
(2) The Flood Control Act of 1960 (Pub. L. 86645). 
(3) Title II, section 314 of title III and section 406 of 
title IV of the Disaster Relief Act of 1974 (Pub. L. 
93-288). 
(4) Coastal Zone Management Act (Pub. L. 92583), 
as amended Public Law 94-370. 
(5) Water Resources Planning Act (Pub. L. 8990), as 
amended Public Law 94-112 (October 16, 1975). 
(6) Title I, National Environmental Policy Act (Pub. 
L. 91-190). 
(7) Land and Water Conservation Fund Act (Pub. L. 
89-578), and subsequent amendments thereto. 
(8) Water Resources Council, Principals and 
Standards for Planning, Water and Related Land 
Resources (38 FR 24778-24869, September 10, 
1973). 
(9) Executive Order 11593 (Protection and 
Enhancement of the Cultural Environment), dated 
May 13, 1971 (36 FR 8921, May 15, 1971). 
(10) 89th Cong., 2nd Session, H.D. 465. 
(11) Required land use element for comprehensive 
planning assistance under section 701 of the Housing 
Act of 1954, as amended by the Housing and 
Community Development Act of 1974 (24 CFR 
600.72). 
(12) Executive Order 11990 (Protection of Wetlands, 
dated May 24, 1977 (42 FR 26951, May 25, 1977)). 
(13) Water Resources Council (Guidance for 
Floodplain Management) (42 FR 52590, September 
30, 1977). 
(14) Unified National Program for Floodplain 
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 mandatory purchase of flood insurance 
under section 102 of the Flood Disaster Protection 
Act of 1973: Mandatory Purchase of Flood Insurance 
Guidelines (54 FR 29666-29695, July 13, 1989). [41 
FR 46968, Oct. 26, 1976, as amended at 43 FR 7140, 
Feb. 17, 1978. Redesignated at 44 FR 31177, May 
31, 1979, and amended at 57 FR 19540, May 7, 
1992] 
Subpart B--Eligibility Requirements  

59.21 Purpose of subpart. 
This subpart lists actions that must be taken by a 
community to become eligible and to remain eligible 
for the Program. 
[41 FR 46968, Oct. 26, 1976. Redesignated at 44 FR 
31177, May 31, 1979] 

 59.22 Prerequisites for the sale of flood 
insurance. 

(a) To qualify for flood insurance availability 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 participate in the National Flood 
Insurance Program; 
NFIP Regulations E-11 


(2) Citations to State and local statutes and 
ordinances authorizing actions regulating land use 
and copies of the local laws and regulations 
cited; 
(3) A copy of the flood plain management regulations 
the community has adopted to meet the requirements 
of Sec. 60.3, 60.4 and/or Sec. 60.5 of this subchapter. 
This submission shall include copies of any zoning, 
building, and subdivision regulations, health codes, 
special purpose ordinances (such as a flood plain 
ordinance, grading ordinance, or flood-related erosion 
control ordinance), and any other corrective and 
preventive measures enacted to reduce or prevent 
flood, mudslide (i.e., mudflow) or flood-related 
erosion damage; 
(4) A list of the incorporated communities within the 
applicant's boundaries; 
(5) Estimates relating to 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 to four family residences; 
(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 for public inspection; 
(7) A summary of any State or Federal activities with 
respect to flood plain, mudslide (i.e., mudflow) or 
flood-related erosion area management within the 
community, such as federally-funded flood control 
projects and State-administered flood plain 
management regulations; 
(8) A commitment to recognize and duly evaluate 
flood, mudslide (i.e., mudflow) and/or flood-related 
erosion hazards in all official actions in the areas 
having special flood, mudslide (i.e., mudflow) and/or 
flood-related erosion hazards and to take such other 
official action reasonably necessary to carry out the 
objectives of the program; and 
(9) A commitment to: 
(i) Assist the Administrator at his/her request, in 
his/her 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 
floodproofing, and information on the elevation 
(in relation to mean sea level) of the level of the 
lowest floor (including basement) 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 relation to mean 
sea level) to which the structure was 
floodproofed; 
(iv) Cooperate with Federal, State, and local agencies 
and private firms which undertake to study, survey, 
map, and identify flood plain, mudslide (i.e., 
mudflow) or flood-related erosion areas, and 
cooperate with neighboring communities with respect 
to the management of adjoining flood plain, mud 
slide (i.e., mudflow) and/or flood-related erosion 
areas in order to prevent aggravation of existing 
hazards; 
(v) Upon occurrence, notify the Administrator in 
writing whenever the boundaries of the community 
have been modified by annexation or the community 
has otherwise assumed or no longer has authority to 
adopt and enforce flood 
plain management regulations 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 community 
suitable for reproduction, clearly delineating the new 
corporate limits or new area for which the community 
has assumed or relinquished flood plain management 
regulatory authority. 
(b) An applicant shall legislatively: 
(1) Appoint or designate the agency or official with 
the responsibility, authority, and means to implement 
the commitments made in paragraph 
(a) of this section, and 
(2) Designate the official responsible to submit a 
report to the Administrator concerning the 
community participation in the Program, including, 
but not limited to the development and 
implementation of flood plain management 
regulations. This report shall be submitted annually 
or biennially as determined by the Administrator. 
(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 
NFIP Regulations E-12 


Federal Emergency Management Agency,
Washington DC 20472.
[41 FR 46968, Oct. 26, 1976. Redesignated at 44 FR 
31177, May 31, 1979 and amended at 48 FR 29318, 
June 24, 1983; 48 FR 44543 and 44552, Sept. 29,
1983; 49 FR 4751, Feb. 8, 1984; 49 FR 33656, Aug.
24, 1984; 50 FR 
36023, Sept. 4, 1985]

 59.23 Priorities for the sale of flood insurance 
under the regular program. 

Flood-prone, mudslide (i.e., 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 and urgency of need for 
flood insurance; 
(c) Population of community and intensity of existing 
or proposed development of the flood plain, the mud 
slide (i.e., mudflow) and the flood-related erosion 
area; 
(d) Availability of information on the community 
with respect to its flood, mudslide 
(i.e., mudflow) and flood-related erosion 
characteristics and previous losses; 
(e) Extent of State and local progress in flood plain, 
mudslide (i.e., mudflow) area and flood-related 
erosion area management, including adoption of 
flood plain management regulations consistent with 
related ongoing programs in the area. 
[41 FR 46968, Oct. 26, 1976. Redesignated at 44 FR 
31177, May 31, 1979] 
 59.24 Suspension of community eligibility. 

(a) A community eligible for the sale of flood 
insurance shall be subject to suspension from the 
Program for failing to submit copies of adequate 
flood plain management regulations meeting the 
minimum requirements of paragraphs (b), (c), (d), (e) 
or (f) of Sec.60.3 or paragraph (b) of Sec.60.4 or 
Sec.60.5, within six months from the date the 
Administrator 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 the 
community that 90 days remain in the six month 
period in order to 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 month period. If, 
subsequently, copies of adequate flood plain 
management regulations are not received by the 
Administrator, no later than 30 days before the 
expiration of the original six month period the 
Administrator shall provide written notice to the 
community and to the state and assure publication in 
the Federal Register under part 64 of this subchapter 
of the community's loss of eligibility for the sale of 
flood 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 
management regulations within the notice period, the 
suspension notice shall be rescinded by the 
Administrator. If the Administrator receives notice 
from the State that it has enacted adequate flood plain 
management regulations for the community within 
the notice period, the 
suspension notice shall be rescinded by the 
Administrator. The community's eligibility shall 
remain terminated after suspension until copies of 
adequate flood plain management regulations have 
been received and approved by the Administrator. 

(b) A community eligible for the sale of flood 
insurance which fails to adequately enforce flood 
plain management regulations meeting the minimum 
requirements set forth in Sec. 60.3, 
60.4 and/or 60.5 shall be subject to probation. 
Probation shall represent formal notification to the 
community that the Administrator regards the 
community's flood plain management program as not 
compliant with NFIP criteria. Prior to imposing 
probation, the Administrator 
(1) shall inform the community upon 90 days prior 
written notice of the impending probation and of the 
specific program deficiencies and violations relative 
to the failure to enforce, 
(2) shall, at least 60 days before probation is to begin, 
issue a press release to local media explaining the 
reasons for and the effects of probation, and 
(3) shall, at least 90 days before probation is to begin, 
advise all policyholders in the community of the 
impending probation and the additional premium that 
will be charged, as provided in this paragraph, on 
policies sold or renewed during the period of 
probation. During this 90-day period the community 
shall have the opportunity to avoid probation by 
demonstrating compliance with Program 
NFIP Regulations E-13 


requirements, or by correcting Program deficiencies 
and remedying all violations to 
the maximum extent possible. If, at the end of the 90day period, the Administrator determines that the 
community has failed to do so, the probation shall go 
into effect. Probation may be 
continued for up to one year after the community 
corrects all Program deficiencies and remedies all 
violations to the maximum extent possible. Flood 
insurance may be sold or renewed in the community 
while it is on probation. Where a policy covers 
property located in a community placed on probation 
on or after October 1, 1986, but prior to October 1, 
1992, an additional premium of $25.00 shall be 
charged on each such policy newly issued or renewed 
during the one-year period beginning on the date the 
community is placed on probation and during any 
successive one-year periods that begin prior to 
October 1, 1992. Where a community's probation 
begins on or after October 1, 1992, the additional 
premium described in the preceding sentence shall be 
$50.00, which shall also be charged during any 
successive one-year periods during which the 
community remains on probation for any part thereof. 
This $50.00 additional premium shall further be 
charged during any successive one-year periods that 
begin on or after October 1, 1992, where the 
preceding one-year probation period began prior to 
October 1, 1992. 

(c) A community eligible for the sale of flood 
insurance which fails to adequately enforce its flood 
plain management regulations meeting the minimum 
requirements set forth in Sec. 60.3, 
60.4 and/or 60.5 and does not correct its Program 
deficiencies and remedy all violations to the 
maximum extent possible in accordance with 
compliance deadlines established during a period of 
probation shall be subject to suspension of its 
Program eligibility. Under such circumstances, the 
Administrator shall grant the community 30 days in 
which to show cause why it should not be suspended. 
The Administrator may conduct a hearing, written or 
oral, before commencing suspensive action. If a 
community is to be suspended, the Administrator 
shall inform it upon 30 days prior written notice and 
upon publication in the Federal Register under part 
64 of this subchapter of its loss of eligibility for the 
sale of flood insurance. In the event of impending 
suspension, the 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 or executive measure 
reaffirming the community's formal intent to 
adequately enforce the flood plain management 
requirements of this subpart, together with evidence 
of action taken by the community to correct Program 
deficiencies and remedy to the maximum extent 
possible those violations which caused the 
suspension. In certain cases, the Administrator, in 
order to evaluate the community's performance under 
the terms of its submission, may withhold 
reinstatement for a period not to exceed one year 
from the date of his receipt of the satisfactory 
submission or place the community on probation as 
provided for in paragraph (b) of this section. 

(d) A community eligible for the sale of flood 
insurance which repeals its flood plain management 
regulations, allows its regulations to lapse, or amends 
its regulations so that they 
no longer meet the minimum requirements set forth 
in Sec. 60.3, 60.4 and/or 60.5 shall be suspended 
from the Program. If a community 
is to be suspended, the Administrator shall inform it 
upon 30 days prior written notice and upon 
publication in the Federal Register under part 64 of 
this subchapter of its loss of eligibility for the sale of 
flood insurance. The community eligibility shall 
remain terminated after suspension until copies of 
adequate flood plain management regulations have 
been received and approved by the Administrator. 
(e) A community eligible for the sale of flood 
insurance may withdraw from the Program by 
submitting to the Administrator a copy of a 
legislative action that explicitly states its desire to 
withdraw from the National Flood Insurance 
Program. Upon receipt of a certified copy of a final 
legislative action, the Administrator shall withdraw 
the community from the Program and publish in the 
Federal Register underpart 64 of this subchapter its 
loss of eligibility for the sale of flood insurance. A 
community that has withdrawn from the Program 
may be reinstated if its submits the application 
materials specified in Sec. 59.22(a). 
(f) If during a period of ineligibility under paragraphs 
(a), (d), or (e) of this section, a community has 
permitted actions to take place that have aggravated 
existing flood plain, mudslide (i.e., mudflow) and/or 
flood related erosion hazards, the Administrator may 
withhold reinstatement until the community submits 
evidence that it has taken action to remedy to the 
maximum extent possible the increased hazards. The 
Administrator may also place the reinstated 
community on probation as provided for in paragraph 
NFIP Regulations E-14 


(b) of this section. 
(g) The Administrator shall promptly notify the 
servicing company and any insurers issuing flood 
insurance pursuant to an arrangement with the 
Administrator of those communities whose eligibility 
has been suspended or which have withdrawn from 
the program. Flood insurance shall not be sold or 
renewed in those communities. Policies sold or 
renewed within a community during a period of 
ineligibility are deemed to be voidable by the 
Administrator whether or not the parties to sale or 
renewal had actual notice of the ineligibility. 
[41 FR 46968, Oct. 26, 1976. Redesignated at 44 FR 
31177, May 31, 1979, and amended at 48 FR 44543 
and 44552, Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984; 
50 FR 36023, Sept. 4, 1985; 57 FR 19540, May 7, 
1992; 59 FR 53598, Oct. 25, 1994; 62 FR 55715, 
Oct. 27, 1997] 
PART 60--CRITERIA FOR LAND 
MANAGEMENT AND USE 

Subpart A--Requirements for Flood Plain 
Management Regulations 
Sec. 
60.1 Purpose of subpart. 
60.2 Minimum compliance with flood plain 
management criteria. 

60.3 Flood plain management criteria for flood-prone 
areas. 
60.4 Flood plain management criteria for mudslide 
(i.e., mudflow)-prone areas. 
60.5 Flood plain management criteria for flood-
related erosion-prone areas. 
60.6 Variances and exceptions. 
60.7 Revisions of criteria for flood plain management 
regulations. 
60.8 Definitions. 
Subpart B--Requirements for State Flood Plain 
Management Regulations 

Sec. 

60.11 Purpose of this subpart. 
60.12 Flood plain management criteria for State-
owned properties in special hazard areas. 
60.13 Noncompliance. 
Subpart C--Additional Considerations in 
Managing Flood-Prone, Mudslide (i.e., Mudflow)
Prone, and Flood-Related Erosion-Prone Areas 

Sec. 

60.21 Purpose of this subpart. 
60.22 Planning considerations for flood-prone areas. 
60.23 Planning considerations for mudslide (i.e., 
mudflow)-prone areas. 
60.24 Planning considerations for flood-related 
erosion-prone areas. 
60.25 Designation, duties, and responsibilities of 
State Coordinating Agencies. 
60.26 Local coordination. 
Authority: 42 U.S.C. 4001 et seq.; 
Reorganization Plan No. 3 of 1978, 43 FR
41943, 3 CFR, 1978 Comp., p. 329; E.O. 12127
of Mar. 31, 1979, 44 FR 19367, 3 CFR, 1979
Comp., p. 376. 
Source: 41 FR 46975, Oct. 26, 1976, unless 
otherwise noted. Redesignated at 44 FR 31177, 
May 31, 1979. 
 60.1 Purpose of subpart. 

(a) The Act provides that flood insurance shall not be 
sold or renewed under the program within a 
community, unless the community has adopted 
adequate flood plain management regulations 
consistent with Federal criteria. Responsibility for 
establishing such criteria is delegated to the 
Administrator. 
(b) This subpart sets forth the criteria developed in 
accordance with the Act by which the Administrator 
will determine the adequacy of a community's flood 
plain management regulations. These regulations 
must be legally-enforceable, applied uniformly 
throughout the community to all privately and 
publicly owned land within flood-prone, mudslide 
(i.e., mudflow) or flood-related erosion areas, and the 
community must provide that the regulations take 
precedence over any less restrictive conflicting local 
laws, ordinances or codes. Except as otherwise 
provided in Sec. 60.6, the adequacy of such 
regulations shall be determined on the basis of the 
standards set forth in Sec. 60.3 for flood-prone areas, 
Sec. 60.4 for mudslide areas and Sec. 60.5 for flood-
related erosion areas. 
(c) Nothing in this subpart shall be construed as 
modifying or replacing the general requirement that 
all eligible communities must take into account flood, 
mudslide (i.e., mudflow) and flood-related erosion 
hazards, to the extent that they are known, in all 
official actions relating to land management and use. 
NFIP Regulations E-15 


(d) The criteria set forth in this subpart are minimum 
standards for the adoption of flood plain management 
regulations by flood-prone, mudslide (i.e., mudflow)
prone and flood-related erosion-prone communities. 
Any community may exceed the minimum criteria 
under this part by adopting more comprehensive 
flood plain management regulations utilizing the 
standards such as contained in subpart C of this part. 
In some instances, community officials may have 
access to information or knowledge of conditions that 
require, particularly for human safety, higher 
standards than the minimum criteria set forth in 
subpart A of this part. Therefore, any flood plain 
management regulations adopted by a State or a 
community which are more restrictive than the 
criteria set forth in this part are encouraged and shall 
take precedence. 
[41 FR 46975, Oct. 26, 1976. Redesignated at 44 FR 
31177, May 31, 1979, 
as amended at 48 FR 44552, Sept. 29, 1983; 49 FR 
4751, Feb. 8, 1984] 
 60.2 Minimum compliance with flood plain 
management criteria. 

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

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

The Administrator will provide the data upon which 
flood plain management regulations 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 
hazard area designations and water surface elevations 
have been furnished by the Administrator, they shall 
apply. The symbols defining such special flood 
hazard designations are set forth in Sec. 64.3 of this 
subchapter. In all cases the minimum requirements 

NFIP Regulations E-16 


governing the adequacy of the flood plain 
management regulations for flood-prone areas 
adopted by a particular community depend on the 
amount of technical data formally provided to the 
community by the Administrator. Minimum 
standards for communities are as follows: 

(a) When the Administrator has not defined the 
special flood hazard areas within a community, has 
not provided water surface elevation data, and has not 
provided sufficient data to identify the floodway or 
coastal high hazard area, but the community has 
indicated the presence of such hazards by submitting 
an application to participate in the Program, the 
community shall: 
(1) Require permits for all proposed construction or 
other development in the community, including the 
placement of manufactured homes, so that it may 
determine whether such construction or other 
development is proposed within flood-prone areas; 
(2) Review proposed development to assure that all 
necessary permits have been received from those 
governmental agencies from which approval is 
required by Federal or State law, including section 
404 of the Federal Water Pollution Control Act 
Amendments of 1972, 33 U.S.C. 1334; 
(3) Review all permit applications to determine 
whether proposed building sites will be reasonably 
safe from flooding. If a proposed building site is in a 
flood-prone area, all new construction and substantial 
improvements shall 
(i) be designed (or modified) and adequately 
anchored to prevent flotation, collapse, or lateral 
movement of the structure resulting from 
hydrodynamic and hydrostatic loads, including the 
effects of buoyancy, (ii) be constructed with materials 
resistant to flood damage, (iii) be constructed by 
methods and practices that minimize flood damages, 
and (iv) be constructed with electrical, heating, 
ventilation, plumbing, and air conditioning 
equipment and other service facilities that are 
designed and/or located so as to prevent water from 
entering or accumulating within the components 
during conditions of flooding. 
(4) Review subdivision proposals and other proposed 
new development, including manufactured home 
parks or subdivisions, to determine whether such 
proposals will be reasonably safe from flooding. If a 
subdivision proposal or other proposed new 
development is in a flood-prone area, any such 
proposals shall be reviewed to assure that (i) all such 
proposals are consistent with the need to minimize 
flood damage within the flood-prone area, (ii) all 
public utilities and facilities, such as sewer, gas, 
electrical, and water systems are located and 
constructed to minimize or eliminate flood damage, 
and (iii) adequate drainage is provided to reduce 
exposure to flood hazards; 

(5) Require within flood-prone areas new and 
replacement water supply systems to be designed to 
minimize or eliminate infiltration of flood waters into 
the systems; and 
(6) Require within flood-prone areas (i) new and 
replacement sanitary sewage systems to be designed 
to minimize or eliminate infiltration of flood waters 
into the systems and discharges from the systems into 
flood waters and (ii) onsite waste disposal systems to 
be located to avoid impairment to them or 
contamination from them during flooding. 
(b) When the Administrator has designated areas of 
special flood hazards (A zones) by the publication of 
a community's FHBM or FIRM, but has neither 
produced water surface elevation data nor identified a 
floodway or coastal high hazard area, the community 
shall: 
(1) Require permits for all proposed construction and 
other developments including the placement of 
manufactured homes, within Zone A on the 
community's FHBM or FIRM; 
(2) Require the application of the standards in
paragraphs (a) (2), 
(3), (4), (5) and (6) of this section to development 
within Zone A on the community's FHBM or FIRM; 
(3) Require that all new subdivision proposals and 
other proposed developments (including proposals 
for manufactured home parks and subdivisions) 
greater than 50 lots or 5 acres, whichever is the 
lesser, include within such proposals base flood 
elevation data; (4) Obtain, review and reasonably 
utilize any base flood elevation and floodway data 
available from a Federal, State, or other source, 
including data developed pursuant to paragraph (b)(3) 
of this section, as criteria for requiring that new 
construction, substantial improvements, or other 
development in Zone A on the community's FHBM 
or FIRM meet the standards in paragraphs (c)(2), 
(c)(3), (c)(5), (c)(6), (c)(12), (c)(14), (d)(2) and (d)(3) 
of this section; 
(5) Where base flood elevation data are utilized, 
within Zone A on the community's FHBM or FIRM: 
NFIP Regulations E-17 


(i) Obtain the elevation (in relation to mean sea level) 
of the lowest floor(including basement) of all new 
and substantially improved structures, and 
(ii) Obtain, if the structure has been floodproofed in 
accordance with paragraph (c)(3)(ii) of this section, 
the elevation (in relation to mean sea level) to which 
the structure was floodproofed, and 
(iii) Maintain a record of all such information with 
the official designated by the community under Sec. 
59.22 (a)(9)(iii); 
(6) Notify, in riverine situations, adjacent 
communities and the State Coordinating Office prior 
to any alteration or relocation of a watercourse, and 
submit copies of such notifications to the 
Administrator; 
(7) Assure that the flood carrying capacity within the 
altered or relocated portion of any watercourse is 
maintained; 
(8) Require that all manufactured homes to be placed 
within Zone A on a community's FHBM or FIRM 
shall be installed using methods and practices which 
minimize flood damage. For the purposes of this 
requirement, manufactured homes must be elevated 
and anchored to resist flotation, collapse, or lateral 
movement. Methods of anchoring may include, but 
are not to be limited to, use of over-the-top or frame 
ties to ground anchors. This requirement is in 
addition to applicable State and local anchoring 
requirements for resisting wind forces. 
(c) When the Administrator has provided a notice of 
final flood elevations for one or more special flood 
hazard areas on the community's FIRM and, if 
appropriate, has designated other special flood hazard 
areas without base flood elevations on the 
community's FIRM, but has not identified a 
regulatory floodway or coastal high hazard area, the 
community shall: 
(1) Require the standards of paragraph (b) of this 
section within all A1-30 zones, AE zones, A zones, 
AH zones, and AO zones, on the community's FIRM; 
(2) Require that all new construction and substantial 
improvements of residential structures within Zones 
A1-30, AE and AH zones on the community's FIRM 
have the lowest floor (including basement) elevated 
to or above the base flood level, unless the 
community is granted an exception by the 
Administrator for the allowance of basements in 
accordance with Sec. 60.6 (b) or (c); 
(3) Require that all new construction and substantial 
improvements of non-residential structures within 
Zones A1-30, AE and AH zones on the community's 
firm (i) have the lowest floor (including basement) 
elevated to or above the base flood level or, (ii) 
together with attendant utility and sanitary facilities, 
be designed so that below the base flood level the 
structure is watertight with walls substantially 
impermeable to the passage of water and with 
structural components having the capability of 
resisting hydrostatic and hydrodynamic loads and 
effects of buoyancy; 

(4) Provide that where a non-residential structure is 
intended to be made watertight below the base flood 
level, (i) a registered professional engineer or 
architect shall develop and/or review structural 
design, specifications, and plans for the construction, 
and shall certify that the design and methods of 
construction are in accordance with accepted 
standards of practice for meeting the applicable 
provisions of paragraph (c)(3)(ii) or (c)(8)(ii) of this 
section, and (ii) a record of such certificates which 
includes the specific elevation (in relation to mean 
sea level) to which such structures are floodproofed 
shall be maintained with the official designated by 
the community under Sec. 59.22(a)(9)(iii); 
(5) Require, for all new construction and substantial 
improvements, that fully enclosed areas below the 
lowest floor that are usable solely for parking of 
vehicles, building access or storage in an area other 
than a basement and which are subject to flooding 
shall be designed to automatically equalize 
hydrostatic flood forces on exterior walls by allowing 
for the entry and exit of floodwaters. Designs for 
meeting this requirement must either be certified by a 
registered professional engineer or architect or meet 
or exceed the following minimum criteria: A 
minimum of two openings having a total net area of 
not less than one square inch for every square foot of 
enclosed area subject to flooding shall be provided. 
The bottom of all openings shall be no higher than 
one foot above grade. Openings may be equipped 
with screens, louvers, valves, or other coverings or 
devices provided that they permit the automatic entry 
and exit of floodwaters. 
(6) Require that manufactured homes that are placed 
or substantially improved within Zones A1-30, AH, 
and AE on the community's FIRM on sites 
(i) Outside of a manufactured home park or 
subdivision, 
(ii) In a new manufactured home park or subdivision, 
(iii) In an expansion to an existing manufactured 
home park or subdivision, or 
(iv) In an existing manufactured home park or 
subdivision on which a manufactured home has 
incurred ``substantial damage'' as the result of a 
NFIP Regulations E-18 


flood, be elevated on a permanent foundation such 
that the lowest floor of the manufactured home is 
elevated to or above the base flood elevation and be 
securely anchored to an adequately anchored 
foundation system to resist floatation collapse and 
lateral movement. 

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

(12) Require that manufactured homes to be placed or 
substantially improved on sites in an existing 
manufactured home park or subdivision within Zones 
A-1-30, AH, and AE on the community's FIRM that 
are not subject to the provisions of paragraph (c)(6) 
of this section be elevated so that either 
(i) The lowest floor of the manufactured home is at or 
above the base flood elevation, or 
(ii) The manufactured home chassis is supported by 
reinforced piers or other foundation elements of at 
least equivalent strength that are no less than 36 
inches in height above grade and be securely 
anchored to an adequately anchored foundation 
system to resist floatation, collapse, and lateral 
movement. 
(13) Notwithstanding any other provisions of Sec. 
60.3, a community may approve certain development 
in Zones Al-30, AE, and AH, on the community's 
FIRM which increase the water surface elevation of 
the base flood by more than one foot, provided that 
the community first applies for a conditional FIRM 
revision, fulfills the requirements for such a revision 
as established under the provisions of Sec. 65.12, and 
receives the approval of the Administrator. 
(14) Require that recreational vehicles placed on sites 
within Zones A1-30, AH, and AE on the community's 
FIRM either 
(i) Be on the site for fewer than 180 consecutive 
days, 
(ii) Be fully licensed and ready for highway use, or 
(iii) Meet the permit requirements of paragraph (b)(1) 
of this section and the elevation and anchoring 
requirements for `manufactured homes in 
paragraph (c)(6) of this section. 
A recreational vehicle is ready for highway use if it is 
on its wheels or jacking system, is attached to the site 
only by quick disconnect type utilities and security 
devices, and has no permanently attached additions. 
NFIP Regulations E-19 


(d) When the Administrator has provided a notice of 
final base flood elevations within Zones A1-30 
and/or AE on the community's FIRM and, if 
appropriate, has designated AO zones, AH zones, 
A99 zones, and A zones on the community's FIRM, 
and has provided data from which the community 
shall designate its regulatory floodway, the 
community shall: 
(1) Meet the requirements of paragraphs (c) (1) 
through (14) of this section; 
(2) Select and adopt a regulatory floodway based on 
the principle that the area chosen for the regulatory 
floodway must be designed to carry the waters of the 
base flood, without increasing the water surface 
elevation of that flood more than one foot at any 
point; 
(3) Prohibit encroachments, including fill, new 
construction, substantial improvements, and other 
development within the adopted regulatory floodway 
unless it has been demonstrated through hydrologic 
and hydraulic analyses performed in accordance with 
standard engineering practice that the proposed 
encroachment would not result in any increase in 
flood levels within the community during the 
occurrence of the base flood discharge; 
(4) Notwithstanding any other provisions of Sec. 
60.3, a community may permit encroachments within 
the adopted regulatory floodway that would result in 
an increase in base flood elevations, provided that the 
community first applies for a conditional FIRM and 
floodway revision, fulfills the requirements for such 
revisions as established under the provisions of Sec. 
65.12, and receives the approval of the Administrator. 
(e) When the Administrator has provided a notice of 
final base flood elevations within Zones A1-30 
and/or AE on the community's FIRM and, if 
appropriate, has designated AH zones, AO zones, 
A99 zones, and A zones on the community's FIRM, 
and has identified on the community's FIRM coastal 
high hazard areas by designating Zones V1-30, VE, 
and/or V, the community shall: 
(1) Meet the requirements of paragraphs (c)(1) 
through (14) of this section; 
(2) Within Zones V1-30, VE, and V on a 
community's FIRM, (i ) obtain the elevation (in 
relation to mean sea level) of the bottom of the lowest 
structural member of the lowest floor (excluding 
pilings and columns) of all new and substantially 
improved structures, and whether or not such 
structures contain a basement, and (ii) maintain a 
record of all such information with the official 
designated by the community under Sec. 
59.22(a)(9)(iii); 

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


collapse, displacement, or other structural damage 
due to the effects of wind and water loads acting 
simultaneously on all building components (structural 
and non-structural). Water loading values used shall 
be those associated with the base flood. Wind loading 
values used shall be those required by applicable 
State or local building standards. Such enclosed space 
shall be useable solely for parking of vehicles, 
building access, or storage. 

(6) Prohibit the use of fill for structural support of 
buildings within Zones V1-30, VE, and V on the 
community's FIRM; 
(7) Prohibit man-made alteration of sand dunes and 
mangrove stands within Zones V1-30, VE, and V on 
the community's FIRM which would increase 
potential flood damage. 
(8) Require that manufactured homes placed or 
substantially improved within Zones V1-30, V, and 
VE on the community's FIRM on sites 
(i) Outside of a manufactured home park or 
subdivision, 
(ii) In a new manufactured home park or subdivision, 
(iii) In an expansion to an existing manufactured 
home park or subdivision, or 
(iv) In an existing manufactured home park or 
subdivision on which a manufactured home has 
incurred ``substantial damage'' as the result of a 
flood, meet the standards of paragraphs (e)(2) 
through (7) of this section and that manufactured 
homes placed or substantially improved on other sites 
in an existing manufactured home park or subdivision 
within Zones VI-30, V, and VE on the community's 
FIRM meet the requirements of paragraph (c)(12) of 
this section. 
(9) Require that recreational vehicles placed on sites 
within Zones V1-30, V, and VE on the community's 
FIRM either 
(i) Be on the site for fewer than 180 consecutive 
days, 
(ii) Be fully licensed and ready for highway use, or 
(iii) Meet the requirements in paragraphs (b)(1) and 
(e) (2) through (7) of this section. 
A recreational vehicle is ready for highway use if it is 
on its wheels or jacking system, is attached to the site 
only by quick disconnect type utilities and security 
devices, and has no permanently attached additions. 
(f) When the Administrator has provided a notice of 
final base flood elevations within Zones A1-30 or AE 
on the community's FIRM, and, if appropriate, has 
designated AH zones, AO zones, A99 zones, and A 
zones on the community's FIRM, and has identified 
flood protection restoration areas by designating 
Zones AR, AR/A1-30, AR/AE, AR/AH, AR/AO, or 
AR/A, the community shall: 

(1) Meet the requirements of paragraphs (c)(1) 
through (14) and (d)(1) through (4) of this section. 
(2) Adopt the official map or legal description of 
those areas within Zones AR, AR/A1-30, AR/AE, 
AR/AH, AR/A, or AR/AO that are designated 
developed areas as defined in Sec.59.1 in accordance 
with the eligibility procedures under Sec.65.14. 
(3) For all new construction of structures in areas 
within Zone AR that are designated as developed 
areas and in other areas within Zone AR where the 
AR flood depth is 5 feet or less: 
(i) Determine the lower of either the AR base flood 
elevation or the elevation that is 3 feet above highest 
adjacent grade; and 
(ii) Using this elevation, require the standards of 
paragraphs (c)(1) through (14) of this section. 
(4) For all new construction of structures in those 
areas within Zone AR that are not designated as 
developed areas where the AR flood depth is greater 
than 5 feet: 
(i) Determine the AR base flood elevation; and 
(ii) Using that elevation require the standards of 
paragraphs (c)(1) through (14) of this section. 
(5) For all new construction of structures in areas 
within Zone AR/A1-30, AR/AE, AR/AH, AR/AO, 
and AR/A: 
(i) Determine the applicable elevation for Zone AR 
from paragraphs (a)(3) and (4) of this section; 
(ii) Determine the base flood elevation or flood depth 
for the underlying A1-30, AE, AH, AO and A Zone; 
and (iii) Using the higher elevation from paragraphs 
(a)(5)(i) and (ii) of this section require the standards 
of paragraphs (c)(1) through (14) of this section. 
(6) For all substantial improvements to existing 
construction within Zones AR/A1-30, AR/AE, 
AR/AH, AR/AO, and AR/A: 
(i) Determine the A1-30 or AE, AH, AO, or A Zone 
base flood elevation; and 
(ii) Using this elevation apply the requirements of 
paragraphs (c)(1) through (14) of this section. 
(7) Notify the permit applicant that the area has been 
designated as an AR, AR/A1-30, AR/AE, AR/AH, 
AR/AO, or AR/A Zone and whether the structure will 
be elevated or protected to or above the AR base 
flood elevation. 
[41 FR 46975, Oct. 26, 1976] 
Editorial Note: For Federal Register citations 
affecting Sec. 60.3, see the List of CFR Sections 
Affected, which appears in the Finding Aids section 
of the printed volume and on GPO Access. 
NFIP Regulations E-21 

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

The Administrator will provide the data upon which 
flood plain management regulations 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 mudslide 
(i.e., mudflow) hazard area designations have been 
furnished by the Administrator, they shall apply. The 
symbols defining such special mudslide (i.e., 
mudflow) hazard designations are set forth in Sec. 

64.3 of this subchapter. In all cases, the minimum 
requirements for mudslide (i.e., mudflow)-prone 
areas adopted by a particular community depend on 
the amount of technical data provided to the 
community by the Administrator. Minimum 
standards for communities are as follows: 
(a) When the Administrator has not yet identified any 
area within the community as an area having special 
mudslide (i.e., mudflow) hazards, but the community 
has indicated the presence of such hazards by 
submitting an application to participate in the 
Program, the community shall 
(1) Require permits for all proposed construction or 
other development in the community so that it may 
determine whether development is proposed within 
mudslide (i.e., mudflow)-prone areas; 
(2) Require review of each permit application to 
determine whether the proposed site and 
improvements will be reasonably safe from 
mudslides (i.e., mudflows). Factors to be considered 
in making such a determination should include but 
not be limited to (i) the type and quality of soils, (ii) 
any evidence of ground water or surface water 
problems, (iii) the depth and quality of any fill, (iv) 
the overall slope of the site, and (v) the weight that 
any proposed structure will impose on the slope; 
(3) Require, if a proposed site and improvements are 
in a location that may have mudslide (i.e., mudflow) 
hazards, that 
(i) a site investigation and further review be made by 
persons qualified in geology and soils engineering, 
(ii) the proposed grading, excavations, new 
construction, and substantial improvements are 
adequately designed and protected against mudslide 
(i.e., mudflow) damages, (iii) the proposed grading, 
excavations, new construction and substantial 
improvements do not aggravate the existing hazard 
by creating either on-site or off-site disturbances, and 

(iv) drainage, planting, watering, and maintenance be 
such as not to endanger slope stability. 
(b) When the Administrator has delineated Zone M 
on the community's FIRM, the community shall: 
(1) Meet the requirements of paragraph (a) of this 
section; and 
(2) Adopt and enforce a grading ordinance or 
regulation in accordance with data supplied by the 
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 protective measures 
including but not necessarily limited to retaining 
walls, buttress fills, sub-drains, diverter terraces, 
benchings, etc., and (iv) requires engineering 
drawings and specifications to be submitted for all 
corrective measures, accompanied by supporting soils 
engineering and geology reports. Guidance may be 
obtained from the provisions of the 1973 edition and 
any subsequent edition of the Uniform Building 
Code, sections 7001 through 7006, and 7008 through 
7015. The Uniform Building Code is published by 
the International Conference of Building Officials, 50 
South Los Robles, Pasadena, California 91101. 
[41 FR 46975, Oct. 26, 1976. Redesignated at 44 
FR 31177, May 31, 1979, as amended at 48 FR 
44552, Sept. 29, 1983; 49 FR 4751, Feb. 8, 
1984] 
 60.5 Flood plain management criteria for flood-
related erosion-prone areas. 

The Administrator will provide the data upon which 
flood plain management regulations 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 been 
furnished by the Administrator they shall apply. The 
symbols defining such special flood-related erosion 
hazard designations are set forth in Sec. 64.3 of this 
subchapter. In all cases the minimum requirements 
governing the adequacy of the flood plain 
management regulations for flood-related erosion-
prone areas adopted by a particular community 
depend on the amount of technical data provided to 

NFIP Regulations E-22 


the community by the Administrator. Minimum 
standards for communities are as follows: 

(a) When the Administrator has not yet identified any 
area within the community as having special flood-
related erosion hazards, but the community has 
indicated the presence of such hazards by submitting 
an application to participate in the Program, the 
community shall 
(1) Require the issuance of a permit for all proposed 
construction, or other development in the area of 
flood-related erosion hazard, as it is known to the 
community; 
(2) Require review of each permit application to 
determine whether the proposed site alterations and 
improvements will be reasonably safe from flood-
related erosion and will not cause flood-related 
erosion hazards or otherwise aggravate the existing 
flood-related erosion hazard; and 
(3) If a proposed improvement is found to be in the 
path of flood-related erosion or to increase the 
erosion hazard, require the improvement to be 
relocated or adequate protective measures to be taken 
which will not aggravate the existing erosion hazard. 
(b) When the Administrator has delineated Zone E on 
the community's FIRM, the community shall 
(1) Meet the requirements of paragraph (a) of this 
section; and 
(2) Require a setback for all new development from 
the ocean, lake, bay, riverfront or other body of 
water, to create a safety buffer consisting of a natural 
vegetative or contour strip. This buffer will be 
designated by the Administrator according to the 
flood-related erosion hazard and erosion rate, in 
conjunction with the anticipated ``useful life'' of 
structures, and depending upon the geologic, 
hydrologic, topographic and climatic characteristics 
of the community's land. The buffer may be used for 
suitable open space purposes, such as for agricultural, 
forestry, outdoor recreation and wildlife habitat areas, 
and for other activities using temporary and portable 
structures only. 
[41 FR 46975, Oct. 26, 1976. Redesignated at 44 
FR 31177, May 31, 1979, as amended at 48 FR 
44552, Sept. 29, 1983; 49 FR 4751, Feb. 8, 
1984] 
 60.6 Variances and exceptions. 

(a) The Administrator does not set forth absolute 
criteria for granting variances from the criteria set 
forth in Sec.. 60.3, 60.4, and 60.5. The issuance of a 
variance is for flood plain management purposes 
only. Insurance premium rates are determined by 
statute according to actuarial risk and will not be 
modified by the granting of a variance. The 
community, after examining the applicant's 
hardships, shall approve or disapprove a request. 
While the granting of variances generally is limited to 
a lot size less than one-half acre (as set forth in 
paragraph (a)(2) of this section), deviations from that 
limitation may occur. However, as the lot size 
increases beyond one-half acre, the technical 
justification required for issuing a variance increases. 
The 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 
Administrator may take appropriate action under Sec. 
59.24(b) of this subchapter. Variances may be issued 
for the repair or rehabilitation of historic structures 
upon a determination that the proposed repair or 
rehabilitation will not preclude the structure's 
continued designation as a historic structure and the 
variance is the minimum necessary to preserve the 
historic character and design of the structure. 
Procedures for the granting of variances by a 
community are as follows: 

(1) Variances shall not be issued by a community 
within any designated regulatory floodway if any 
increase in flood levels during the base flood 
discharge would result; 
(2) Variances may be issued by a community for new 
construction and substantial improvements to be 
erected on a lot of one-half acre or less in size 
contiguous to and surrounded by lots with existing 
structures constructed below the base flood level, in 
conformance with the procedures of paragraphs (a) 
(3), (4), (5) and (6) of this section; 
(3) Variances shall only be issued by a community 
upon (i) a showing of good and sufficient cause, (ii) a 
determination that failure to grant the variance would 
result in exceptional hardship to the applicant, and 
(iii) a determination that the granting of a variance 
will not result in increased flood heights, additional 
threats to public safety, extraordinary public expense, 
create nuisances, cause fraud on or victimization of 
the public, or conflict with existing local laws or 
ordinances; 
(4) Variances shall only be issued upon a 
determination that the variance is the minimum 
necessary, considering the flood hazard, to afford 
relief; 
NFIP Regulations E-23 


(5) A community shall notify the applicant in writing 
over the signature of a community official that (i) the 
issuance of a variance to construct a structure below 
the base flood level will result in increased premium 
rates for flood insurance up to amounts as high as $25 
for $100 of insurance coverage and (ii) such 
construction below the base flood level increases 
risks to life and property. Such notification shall be 
maintained with a record of all variance actions as 
required in paragraph (a)(6) of this section; and 
(6) A community shall (i) maintain a record of all 
variance actions, including justification for their 
issuance, and (ii) report such variances issued in its 
annual or biennial report submitted to the 
Administrator. 
(7) Variances may be issued by a community for new 
construction and substantial improvements and for 
other development necessary for the conduct of a 
functionally dependent use provided that (i) the 
criteria of paragraphs (a)(1) through (a)(4) of this 
section are met, and (ii) the structure or other 
development is protected by methods that minimize 
flood damages during the base flood and create no 
additional threats to public safety. 
(b)(1) The requirement that each flood-prone, 
mudslide (i.e., mudflow)-prone, and flood-related 
erosion prone community must adopt and submit 
adequate flood plain management regulations as a 
condition of initial and continued flood insurance 
eligibility is statutory and cannot be waived, and such 
regulations shall be adopted by a community within 
the time periods specified in Sec. 60.3, 60.4 or Sec. 
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 conditions may 
render the application of certain standards the cause 
for severe hardship and gross inequity for a particular 
community. Consequently, a community proposing 
the adoption of flood plain management regulations 
which vary from the standards set forth in Sec. 60.3, 
60.4, or Sec. 60.5, shall explain in writing to the 
Administrator the nature and extent of and the 
reasons for the exception request and shall include 
sufficient supporting economic, environmental, 
topographic, hydrologic, and other scientific and 
technical data, and data with respect to the impact on 
public safety and the environment. 
(2) The Administrator shall prepare a Special 
Environmental Clearance to determine whether the 
proposal for an exception under paragraph (b)(1) of 
this section will have significant impact on the human 
environment. The decision whether an Environmental 
Impact Statement or other environmental document 
will be prepared, will be made in accordance with the 
procedures set out in 44 CFR part 10. Ninety or more 
days may be required for an environmental quality 
clearance if the proposed exception will have 
significant impact on the human environment thereby 
requiring an EIS. 

(c) A community may propose flood plain 
management measures which adopt standards for 
floodproofed residential basements below the base 
flood level in zones A1-30, AH, AO, and AE which 
are not subject to tidal flooding. Nothwithstanding 
the requirements of paragraph 
(b) of this section the Administrator may approve the 
proposal provided that: 
(1) The community has demonstrated that areas of 
special flood hazard in which basements will be 
permitted are subject to shallow and low velocity 
flooding and that there is adequate flood warning 
time to ensure that all residents are notified of 
impending floods. For the purposes of this paragraph 
flood characteristics must include: 
(i) Flood depths that are five feet or less for 
developable lots that are contiguous to land above the 
base flood level and three feet or less for other lots; 
(ii) Flood velocities that are five feet per second or 
less; and(iii) Flood warning times that are 12 hours or 
greater. Flood warning times of two hours or greater 
may be approved if the community demonstrates that 
it has a flood warning system and emergency plan in 
operation that is adequate to ensure safe evacuation 
of flood plain residents. 
(2) The community has adopted flood plain 
management measures that require that new 
construction and substantial improvements of 
residential structures with basements in zones A1-30, 
AH, AO, and AE shall: 
(i) Be designed and built so that any basement area, 
together with attendant utilities and sanitary facilities 
below the floodproofed design level, is watertight 
with walls that are impermeable to the passage of 
water without human intervention. Basement walls 
shall be built with the capacity to resist hydrostatic 
and hydrodynamic loads and the effects of buoyancy 
resulting from flooding to the floodproofed design 
level, and shall be designed so that minimal damage 
will occur from floods that exceed that level. The 
floodproofed design level shall be an elevation one 
foot above the level of the base flood where the 
difference between the base flood and the 500-year 
flood is three feet or less and two feet above the level 
NFIP Regulations E-24 


of the base flood where the difference is greater than 
three feet. 

(ii) Have the top of the floor of any basement area no 
lower than five feet below the elevation of the base 
flood; 
iii) Have the area surrounding the structure on all 
sides filled to or above the elevation of the base 
flood. Fill must be compacted with slopes protected 
by vegetative cover; 

(iv) Have a registered professional engineer or 
architect develop or review the building's structural 
design, specifications, and plans, including 
consideration of the depth, velocity, and duration of 
flooding and type and permeability of soils at the 
building site, and certify that the basement design and 
methods of construction proposed are in accordance 
with accepted standards of practice for meeting the 
provisions of this paragraph; 
(v) Be inspected by the building inspector or other 
authorized representative of the community to verify 
that the structure is built according to its design and 
those provisions of this section which are verifiable. 
[41 FR 46975, Oct. 26, 1976. Redesignated at 44 FR 
31177, May 31, 1979, as amended at 48 FR 44543 
and 44552, Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984; 
50 FR 36025, Sept. 4, 1985; 51 FR 30308, Aug. 25, 
1986; 54 FR 33550, Aug. 15, 1989] 
 60.7 Revisions of criteria for flood plain 
management regulations. 

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

 60.8 Definitions. 

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

Subpart B--Requirements for State Flood Plain 
Management Regulations 

 60.11 Purpose of this subpart. 

(a) A State is considered a ``community'' pursuant to 
Sec. 59.1 of this subchapter; and, accordingly, the 
Act provides that flood insurance shall not be sold or 
renewed under the Program unless a community has 
adopted adequate flood plain management regulations 
consistent with criteria established by the 
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 to the purchase of a 
Standard Flood Insurance Policy for a State-owned 
structure or its contents, or as a condition to the 
approval by the Administrator, pursuant to part 75 of 
this subchapter, of its plan of self-insurance. 
[41 FR 46975, Oct. 26, 1976. Redesignated at 44 FR 
31177, May 31, 1979, as amended at 48 FR 44552, 
Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984] 
 60.12 Flood plain management criteria for 
State-owned properties in special hazard areas. 

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

If a State fails to submit adequate flood plain 
management regulations applicable to State-owned 
properties pursuant to Sec. 60.12 within six months 
of the effective date of this regulation, or fails to 
adequately enforce such regulations, the State shall 
be subject to suspensive action pursuant to Sec. 

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. 
[41 FR 46975, Oct. 26, 1976. Redesignated at 44 
FR 31177, May 31, 1979, as amended at 48 FR 
44552, Sept. 29, 1983; 49 FR 4751, Feb. 8, 
1984] 
NFIP Regulations E-25 

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

 60.21 Purpose of this subpart. 

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

 60.22 Planning considerations for flood-prone 
areas. 

(a) The flood plain management regulations adopted 
by a community for flood-prone areas should: 
(1) Permit only that development of flood-prone 
areas which (i) is appropriate in light of the 
probability of flood damage and the need to reduce 
flood losses, (ii) is an acceptable social and economic 
use of the land in relation to the hazards involved, 
and (iii) does not increase the danger to human life; 
(2) Prohibit nonessential or improper installation of 
public utilities and public facilities in flood-prone 
areas. 
(b) In formulating community development goals 
after the occurrence of a flood disaster, each 
community shall consider-- 
(1) Preservation of the flood-prone areas for open 
space purposes; 
(2) Relocation of occupants away from flood-prone 
areas; 
(3) Acquisition of land or land development rights for 
public purposes consistent with a policy of 
minimization of future property losses; 
(4) Acquisition of frequently flood-damaged 
structures; 
(c) In formulating community development goals and 
in adopting flood plain management regulations, each 
community shall consider at least the following 
factors--
(1) Human safety; 
(2) Diversion of development to areas safe from 
flooding in light of the need to reduce flood damages 
and in light of the need to prevent environmentally 
incompatible flood plain use; 
(3) Full disclosure to all prospective and interested 
parties (including but not limited to purchasers and 
renters) that 
(i) certain structures are located within flood-prone 
areas, 
(ii) variances have been granted for certain structures 
located within flood-prone areas, and 
(iii) premium rates applied to new structures built at 
elevations below the base flood substantially increase 
as the elevation decreases; 
(4) Adverse effects of flood plain development on 
existing development; 
(5) Encouragement of floodproofing to reduce flood 
damage; 
(6) Flood warning and emergency preparedness 
plans; 
(7) Provision for alternative vehicular access and 
escape routes when normal routes are blocked or 
destroyed by flooding; 
(8) Establishment of minimum floodproofing and 
access requirements for schools, hospitals, nursing 
homes, orphanages, penal institutions, fire stations, 
police stations, communications centers, water and 
sewage pumping stations, and other public or quasi-
public facilities already located in the flood-prone 
area, to enable them to withstand flood damage, and 
to facilitate emergency operations; 
(9) Improvement of local drainage to control 
increased runoff that might increase the danger of 
flooding to other properties; 
(10) Coordination of plans with neighboring 
community's flood plain management programs; 
(11) The requirement that all new construction and 
substantial improvements in areas subject to 
subsidence be elevated above the base flood level 
equal to expected subsidence for at least a ten year 
period; 
(12) For riverine areas, requiring subdividers to 
furnish delineations for floodways before approving a 
subdivision; 
(13) Prohibition of any alteration or relocation of a 
watercourse, except as part of an overall drainage 
basin plan. In the event of an overall drainage basin 
plan, provide that the flood carrying capacity within 
the altered or relocated portion of the watercourse is 
maintained; 
(14) Requirement of setbacks for new construction 
within Zones V1-30, VE, and V on a community's 
FIRM; 
(15) Requirement of additional elevation above the 
base flood level for all new construction and 
substantial improvements within Zones A1-30, AE, 
V1-30, and VE on the community's FIRM to protect 
against such occurrences as wave wash and floating 
NFIP Regulations E-26 


debris, to provide an added margin of safety against 
floods having a magnitude greater than the base 
flood, or to compensate for future urban 
development; 

(16) Requirement of consistency between state, 
regional and local comprehensive plans and flood 
plain management programs; 
(17) Requirement of pilings or columns rather than 
fill, for the elevation of structures within flood-prone 
areas, in order to maintain the storage capacity of the 
flood plain and to minimize the potential for negative 
impacts to sensitive ecological areas; 
(18) Prohibition, within any floodway or coastal high 
hazard area, of plants or facilities in which hazardous 
substances are manufactured. 
(19) Requirement that a plan for evacuating residents 
of all manufactured home parks or subdivisions 
located within flood prone areas be developed and 
filed with and approved by appropriate community 
emergency management authorities. [41 FR 46975, 
Oct. 26, 1976. Redesignated at 44 FR 31177, May 31, 
1979, as amended at 50 FR 36025, Sept. 4, 1985; 54 
FR 40284, Sept. 29, 1989] 
 60.23 Planning considerations for 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 applications for flood 
insurance pursuant to Sec. 59.22 of this subchapter 
that they have mudslide (i.e., mudflow) areas, should 
include--

(a) The existence and extent of the hazard; 
(b) The potential effects of inappropriate hillside 
development, including 
(1) Loss of life and personal injuries, and 
(2) Public and private property losses, costs, 
liabilities, and exposures resulting from potential 
mudslide (i.e., mudflow) hazards; 
(c) The means of avoiding the hazard including the 
(1) availability of land which is not mudslide (i.e., 
mudflow)-prone and the feasibility of developing 
such land instead of further encroaching upon 
mudslide (i.e., mudflow) areas, (2) possibility of 
public acquisition of land, easements, and 
development rights to assure the proper development 
of hillsides, and 
(3) advisability of preserving mudslide (i.e., 
mudflow) areas as open space; 
(d) The means of adjusting to the hazard, including 
the (1) establishment by ordinance of site exploration, 
investigation, design, grading, construction, filing, 
compacting, foundation, sewerage, drainage, 
subdrainage, planting, inspection and maintenance 
standards and requirements that promote proper land 
use, and 

(2) provision for proper drainage and subdrainage on 
public property and the location of public utilities and 
service facilities, such as sewer, water, gas and 
electrical systems and streets in a manner designed to 
minimize exposure to mudslide (i.e., mudflow) 
hazards and prevent their aggravation; 
(e) Coordination of land use, sewer, and drainage 
regulations and ordinances with fire prevention, flood 
plain, mudslide (i.e., mudflow), soil, land, and water 
regulation in neighboring communities; 
(f) Planning subdivisions and other developments in 
such a manner as to avoid exposure to mudslide (i.e., 
mudflow) hazards and the control of public facility 
and utility extension to discourage inappropriate 
development; 
(g) Public facility location and design requirements 
with higher site stability and access standards for 
schools, hospitals, nursing homes, orphanages, 
correctional and other residential institutions, fire and 
police stations, communication centers, electric 
power transformers and substations, water and sewer 
pumping stations and any other public or quasi-public 
institutions located in the mudslide (i.e., mudflow) 
area to enable them to withstand mudslide (i.e., 
mudflow) damage and to facilitate emergency 
operations; and 
(h) Provision for emergencies, including: 
(1) Warning, evacuation, abatement, and access 
procedures in the event of mudslide (i.e., mudflow), 
(2) Enactment of public measures and initiation of 
private procedures to limit danger and damage from 
continued or future mudslides (i.e., mudflow), 
(3) Fire prevention procedures in the event of the 
rupture of gas or electrical distribution systems by 
mudslides, 
(4) Provisions to avoid contamination of water 
conduits or deterioration of slope stability by the 
rupture of such systems, 
(5) Similar provisions for sewers which in the event 
of rupture pose both health and site stability hazards 
and 
(6) Provisions for alternative vehicular access and 
escape routes when normal routes are blocked or 
destroyed by mudslides (i.e., mudflow); 
(i) The means for assuring consistency between state, 
areawide, and local comprehensive plans with the 
plans developed for mudslide (i.e., mudflow)-prone 
areas; 
NFIP Regulations E-27 


(j) Deterring the nonessential installation of public 
utilities and public facilities in mudslide (i.e., 
mudflow)-prone areas. 
 60.24 Planning considerations for flood-related 
erosion-prone areas. 

The planning process for communities identified 
under part 65 of this subchapter as containing Zone E 
or which indicate in their applications for flood 
insurance coverage pursuant to Sec. 

59.22 of this subchapter that they have flood-related 
erosion areas should include-- 
(a) The importance of directing future developments 
to areas not exposed to flood-related erosion; 
(b) The possibility of reserving flood-related erosion-
prone areas for open space purposes; 
(c) The coordination of all planning for the flood-
related erosion-prone areas with planning at the State 
and Regional levels, and with planning at the level of 
neighboring communities; 
(d) Preventive action in E zones, including setbacks, 
shore protection works, relocating structures in the 
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. 
 60.25 Designation, duties, and responsibilities of 
State Coordinating Agencies. 

(a) States are encouraged to demonstrate a 
commitment to the minimum flood plain 
management criteria set forth in Sec.Sec. 60.3, 60.4, 
and 60.5 as evidenced by the designation of an 
agency of State government to be responsible for 
coordinating the Program aspects of flood plain 
management in the State. 
(b) State participation in furthering the objectives of 
this part shall include maintaining capability to 
perform the appropriate duties and responsibilities as 
follows: 
(1) Enact, whenever necessary, legislation enabling 
counties and municipalities to regulate development 
within flood-prone areas; 
(2) Encourage and assist communities in qualifying 
for participation in the Program; 
(3) Guide and assist county and municipal public 
bodies and agencies in developing, implementing, 
and maintaining local flood plain management 
regulations; 
(4) Provide local governments and the general public 
with Program information on the coordination of 
local activities with Federal and State requirements 
for managing flood-prone areas; 

(5) Assist communities in disseminating information 
on minimum elevation requirements for development 
within flood-prone areas; 
(6) Assist in the delineation of riverine and coastal 
flood-prone areas, whenever possible, and provide all 
relevant technical information to the Administrator; 
(7) Recommend priorities for Federal flood plain 
management activities in relation to the needs of 
county and municipal localities within the State; 
(8) Provide notification to the Administrator in the 
event of apparent irreconcilable differences between 
a community's local flood plain management program 
and the minimum requirements of the Program; 
(9) Establish minimum State flood plain management 
regulatory standards consistent with those established 
in this part and in conformance with other Federal 
and State environmental and water pollution 
standards for the prevention of pollution during 
periods of flooding; 
(10) Assure coordination and consistency of flood 
plain management activities with other State, 
areawide, and local planning and enforcement 
agencies; 
(11) Assist in the identification and implementation 
of flood hazard mitigation recommendations which 
are consistent with the minimum flood plain 
management criteria for the Program; 
(12) Participate in flood plain management training 
opportunities and other flood hazard preparedness 
programs whenever practicable. 
(c) Other duties and responsibilities, which may be 
deemed appropriate by the State and which are to be 
officially designated as being conducted in the 
capacity of the State Coordinating Agency for the 
Program, may be carried out with prior notification of 
the Administrator. 
(d) For States which have demonstrated a 
commitment to and experience in application of the 
minimum flood plain management criteria set forth in 
Sec. 60.3, 60.4, and 60.5 as evidenced by the 
establishment and implementation of programs which 
substantially encompass the activities described in 
paragraphs (a), (b), and (c) of this section, the 
Administrator shall take the foregoing into account 
when: 
(1) Considering State recommendations prior to 
implementing Program activities affecting State 
communities; 
(2) Considering State approval or certifications of 
NFIP Regulations E-28 


local flood plain management regulations as meeting 
the requirements of this part. 
[51 FR 30309, Aug. 25, 1986]

 60.26 Local coordination. 

(a) Local flood plain, mudslide (i.e., mudflow) and 
flood-related erosion area management, forecasting, 
emergency preparedness, and damage abatement 
programs should be coordinated with relevant 
Federal, State, and regional programs; 
(b) A community adopting flood plain management 
regulations pursuant to these criteria should 
coordinate with the appropriate State agency to 
promote public acceptance and use of effective flood 
plain, mudslide, (i.e., mudflow) and flood-related 
erosion regulations; 
(c) A community should notify adjacent communities 
prior to substantial commercial developments and 
large subdivisions to be undertaken in areas having 
special flood, mudslide (i.e., mudflow) and/or flood-
related erosion hazards. 
PART 65--IDENTIFICATION AND MAPPING 
OF SPECIAL HAZARD AREAS- 
Table of Contents 

Sec. 

65.1 Purpose of part. 
65.2 Definitions. 
65.3 Requirement to submit new technical data. 
65.4 Right to submit new technical data. 
65.5 Revision to special hazard area boundaries with 
no change to base flood elevation determinations. 
65.6 Revision of base flood elevation determinations. 
65.7 Floodway revisions. 
65.8 Review of proposed projects. 
65.9 Review and response by the Administrator. 
65.10 Mapping of areas protected by levee systems. 
65.11 Evaluation of sand dunes in mapping coastal 
flood hazard areas. 
65.12 Revision of flood insurance rate maps to reflect 
base flood elevations caused by proposed 
encroachments. 
65.13 Mapping and map revisions for areas subject to 
alluvial fan flooding. 
65.14 Remapping of areas for which local flood 
protection systems no longer provide base flood 
protection. 
65.15 List of communities submitting new technical 
data. 
65.16 Standard Flood Hazard Determination Form 
and Instructions. 
65.17 Review of determinations. 
Authority: 42 U.S.C. 4001 et seq.; Reorganization 
Plan No. 3 of 1978, 43 FR 41943, 3 CFR, 1978 
Comp., p. 329; E.O. 12127 of Mar. 31, 1979, 44 FR 
19367, 3 CFR, 1979 Comp., p. 376. 
 65.1 Purpose of part. 

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

 65.2 Definitions. 

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

A community's base flood elevations may increase or 
decrease resulting from physical changes affecting 
flooding conditions. As soon as practicable, but not 
later than six months after the date such information 

NFIP Regulations E-29 


becomes available, a community shall notify the 
Administrator of the changes by submitting technical 
or scientific data in accordance with this part. Such a 
submission is necessary so that upon confirmation of 
those physical changes affecting flooding conditions, 
risk premium rates and flood plain management 
requirements will be based upon current data. 
[51 FR 30313, Aug. 25, 1986] 

 65.4 Right to submit new technical data. 

(a) A community has a right to request changes to 
any of the information shown on an effective map 
that does not impact flood plain or floodway 
delineations or base flood elevations, such as 
community boundary changes, labeling, or 
planimetric details. Such a submission shall include 
appropriate supporting documentation in accordance 
with this part and may be submitted at any time. 
(b) All requests for changes to effective maps, other 
than those Initiated by FEMA, must be made in 
writing by the Chief Executive Officer of the 
community (CEO) or an official designated by the 
CEO. Should the CEO refuse to submit such a 
request on behalf of another party, FEMA will agree 
to review it only if written evidence is provided 
indicating the CEO or designee has been requested to 
do so.(c) Requests for changes to effective Flood 
Insurance Rate Maps (FIRMs) and Flood Boundary 
and Floodway Maps (FBFMs) are subject to the cost 
recovery procedures described in 44 CFR part 72. As 
indicated in part 72, revisions requested to correct 
mapping errors or errors in the Flood Insurance Study 
analysis are not to be subject to the cost-recovery 
procedures. 
[51 FR 30313, Aug. 25, 1986, as amended at 57 FR 
29038, June 30, 1992; 61 FR 46331, Aug. 30, 1996; 
62 FR 5736, Feb. 6, 1997] 
Editorial Note: For references to FR pages showing 
lists of eligible communities, see the List of CFR 
Sections Affected, which appears in the Finding Aids 
section of the printed volume and on GPO Access. 

 65.5 Revision to special hazard area boundaries 
with no change to base flood elevation 
determinations. 

(a) Data requirements for topographic changes. In 
many areas of special flood hazard (excluding V 
zones and floodways) it may be feasible to elevate 
areas with engineered earthen fill above the base 
flood elevation. Scientific and technical information 
to support a request to gain exclusion from an area of 
special flood hazard of a structure or parcel of land 
that has been elevated by the placement of engineered 
earthen fill will include the following: 

(1) A copy of the recorded deed indicating the legal 
description of the property and the official 
recordation information (deed book volume and page 
number) and bearing the seal of the appropriate 
recordation official (e.g., County Clerk or Recorder 
of Deeds). 
(2) If the property is recorded on a plat map, a copy 
of the recorded plat indicating both the location of the 
property and the official recordation information (plat 
book volume and page number) and bearing the seal 
of the appropriate recordation official. If the property 
is not recorded on a plat map, FEMA requires copies 
of the tax map or other suitable maps to help in 
locating the property accurately. 
(3) A topographic map or other information 
indicating existing ground elevations and the date of 
fill. FEMA's determination to exclude a legally 
defined parcel of land or a structure from the area of 
special flood hazard will be based upon a comparison 
of the base flood elevations to the lowest ground 
elevation of the parcel or the lowest adjacent grade to 
the structure. If the lowest ground elevation of the 
entire legally defined parcel of land or the lowest 
adjacent grade to the structure are at or above the 
elevations of the base flood, FEMA will exclude the 
parcel and/or structure from the area of special flood 
hazard. 
(4) Written assurance by the participating community 
that they have complied with the appropriate 
minimum floodplain management requirements under 
Sec. 60.3. This includes the requirements that: 
(i) Existing residential structures built in the SFHA 
have their lowest floor elevated to or above the base 
flood; 
(ii) The participating community has determined that 
the land and any existing or proposed structures to be 
removed from the SFHA are ``reasonably safe from 
flooding'', and that they have on file, available upon 
request by FEMA, all supporting analyses and 
documentation used to make that determination; 
(iii) The participating community has issued permits 
for all existing and proposed construction or other 
development; and 
(iv) All necessary permits have been received from 
those governmental agencies where approval is 
required by Federal, State, or local law. 
(5) If the community cannot assure that it has 
complied with the appropriate minimum floodplain 
management requirements under Sec. 60.3, of this 
NFIP Regulations E-30 


chapter, the map revision request will be deferred 
until the community remedies all violations to the 
maximum extent possible through coordination with 
FEMA. Once the remedies are in place, and the 
community assures that the land and structures are 
``reasonably safe from flooding,'' we will process a 
revision to the SFHA using the criteria set forth in 
Sec. 65.5(a). The community must maintain on file, 
and make available upon request by FEMA, all 
supporting analyses and documentation used in 
determining that the land or structures are 
``reasonably safe from flooding.'' 

(6) Data to substantiate the base flood elevation. If 
we complete a Flood Insurance Study (FIS), we will 
use those data to substantiate the base flood 
elevation. Otherwise, the community may submit 
data provided by an authoritative source, such as the 
U.S. Army Corps of Engineers, U.S. Geological 
Survey, Natural Resources Conservation Service, 
State and local water resource departments, or 
technical data prepared and certified by a registered 
professional engineer. If base flood elevations have 
not previously been established, we may also request 
hydrologic and hydraulic calculations. 
(7) A revision of floodplain delineations based on fill 
must demonstrate that any such fill does not result in 
a floodway encroachment. 
(b) New topographic data. A community may also 
follow the procedures described in paragraphs (a)(1) 
through (6) of this section to request a map revision 
when no physical changes have occurred in the area 
of special flood hazard, when no fill has been placed, 
and when the natural ground elevations are at or 
above the elevations of the base flood, where new 
topographic maps are more detailed or more accurate 
than the current map. 
(c) Certification requirements. A registered 
professional engineer or licensed land surveyor must 
certify the items required in paragraphs (a)(3) and (6) 
and (b) of this section. Such certifications are subject 
to the provisions under Sec. 65.2. 
(d) Submission procedures. Submit all requests to the 
appropriate address serving the community's 
geographic area or to the FEMA Headquarters Office 
in Washington, DC. 
[66 FR 22442, May 4, 2001] 
 65.6 Revision of base flood elevation 
determinations. 

(a) General conditions and data requirements. 
(1) The supporting data must include all the 
information FEMA needs to review and evaluate the 
request. This may involve the requestor's performing 
new hydrologic and hydraulic analysis and 
delineation of new flood plain boundaries and 
floodways, as necessary. 

(2) To avoid discontinuities between the revised and 
unrevised flood data, the necessary hydrologic and 
hydraulic analyses submitted by the map revision 
requestor must be extensive enough to ensure that a 
logical transition can be shown between the revised 
flood elevations, flood plain boundaries, and 
floodways and those developed previously for areas 
not affected by the revision. Unless it is demonstrated 
that it would not be appropriate, the revised and 
unrevised base flood elevations must match within 
one-half foot where such transitions occur. 
(3) Revisions cannot be made based on the effects of 
proposed projects or future conditions. Section 65.8 
of this subchapter contains provisions for obtaining 
conditional approval of proposed projects that may 
effect map changes when they are completed. 
(4) The datum and date of releveling of benchmarks, 
if any, to which the elevations are referenced must be 
indicated. 
(5) Maps will not be revised when discharges change 
as a result of the use of an alternative methodology or 
data for computing flood discharges unless the 
change is statistically significant as measured by a 
confidence limits analysis of the new discharge 
estimates. 
(6) Any computer program used to perform 
hydrologic or hydraulic analyses in support of a flood 
insurance map revision must meet all of the following 
criteria: 
(i) It must have been reviewed and accepted by a 
governmental agency responsible for the 
implementation of programs for flood control and/or 
the regulation of flood plain lands. For computer 
programs adopted by non-Federal agencies, 
certification by a responsible agency official must be 
provided which states that the program has been 
reviewed, tested, and accepted by that agency for 
purposes of design of flood control structures or flood 
plain land use regulation. 
(ii) It must be well-documented including source 
codes and user's manuals. 
(iii) It must be available to FEMA and all present and 
future parties impacted by flood insurance mapping 
developed or amended through the use of the 
program. For programs not generally available from a 
Federal agency, the source code and user's manuals 
must be sent to FEMA free of charge, with fully-
documented permission from the owner that FEMA 
NFIP Regulations E-31 


may release the code and user's manuals to such 
impacted parties. 

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

(13) Notwithstanding any other provisions of Sec. 
65.6, a community may submit, in lieu of the 
documentation specified in Sec. 65.6(a)(12), 
certification by a registered professional engineer that 
the project has been designed to retain its flood 
carrying capacity without periodic maintenance. 
(14) The participating community must provide 
written assurance that they have complied with the 
appropriate minimum floodplain management 
requirements under Sec. 60.3 of this chapter. This 
includes the requirements that: 
(i) Existing residential structures built in the SFHA 
have their lowest floor elevated to or above the base 
flood; 
(ii) The participating community has determined that 
the land and any existing or proposed structures to be 
removed from the SFHA are ``reasonably safe from 
flooding,'' and that they have on file, available upon 
request by FEMA, all supporting analyses and 
documentation used to make that determination; 
(iii) The participating community has issued permits 
for all existing and proposed construction or other 
development; and 
(iv) All necessary permits have been received from 
those governmental agencies where approval is 
required by Federal, State, or local law. 
(15) If the community cannot assure that it has 
complied with the appropriate minimum floodplain 
management requirements under Sec. 60.3, of this 
chapter the map revision request will be deferred 
until the community remedies all violations to the 
maximum extent possible through coordination with 
FEMA. Once the remedies are in place, and the 
community assures that the land and structures are 
``reasonably safe from flooding,'' we will process a 
revision to the SFHA using the criteria set forth under 
Sec. 65.6. The community must maintain on file, and 
make available upon request by FEMA, all 
supporting analyses and documentation used in 
determining that the land or structures are 
``reasonably safe from flooding.'' 
(b) Data requirements for correcting map errors. To 
correct errors in the original flood analysis, technical 
data submissions shall include the following: 
(1) Data identifying mathematical errors. 
(2) Data identifying measurement errors and 
providing correct measurements. 
(c) Data requirements for changed physical 
conditions. Revisions based on the effects of physical 
NFIP Regulations E-32 


changes that have occurred in the flood plain shall 
include: 

(1) Changes affecting hydrologic conditions. The 
following data must be submitted: 
(i) General description of the changes (e.g., dam, 
diversion channel, or detention basin). 
(ii) Construction plans for as-built conditions, if 
applicable. 
(iii) New hydrologic analysis accounting for the 
effects of the changes. 
(iv) New hydraulic analysis and profiles using the 
new flood discharge values resulting from the 
hydrologic analysis. 
(v) Revised delineations of the flood plain boundaries 
and floodway. 
(2) Changes affecting hydraulic conditions. The 
following data shall be submitted: 
(i) General description of the changes (e.g., 
channelization or new bridge, culvert, or levee). 
(ii) Construction plans for as-built conditions. 
(iii) New hydraulic analysis and flood elevation 
profiles accounting for the effects of the changes and 
using the original flood discharge values upon which 
the original map is based. 
(iv) Revised delineations of the flood plain 
boundaries and floodway. 
(3) Changes involving topographic conditions. The 
following data shall be submitted: 
(i) General description of the changes (e.g., grading 
or filling). 
(ii) New topographic information, such as spot 
elevations, cross sections grading plans, or contour 
maps. 
(iii) Revised delineations of the flood plain 
boundaries and, if necessary, floodway. 
(d) Data requirements for incorporating improved 
data. Requests for revisions based on the use of 
improved hydrologic, hydraulic, or topographic data 
shall include the following data: 
(1) Data that are believed to be better than those used 
in the original analysis (such as additional years of 
stream gage data). 
(2) Documentation of the source of the data. 
(3) Explanation as to why the use of the new data will 
improve the results of the original analysis. 
(4) Revised hydrologic analysis where hydrologic 
data are being incorporated. 
(5) Revised hydraulic analysis and flood elevation 
profiles where new hydrologic or hydraulic data are 
being incorporated. 
(6) Revised delineations of the flood plain boundaries 
and floodway where new hydrologic, hydraulic, or 
topographic data are being incorporated. 

(e) Data requirements for incorporating improved 
methods. Requests for revisions based on the use of 
improved hydrologic or hydraulic methodology shall 
include the following data: 
(1) New hydrologic analysis when an alternative 
hydrologic methodology is being proposed. 
(2) New hydraulic analysis and flood elevation 
profiles when an alternative hyrologic or hydraulic 
methodology is being proposed. 
(3) Explanation as to why the alternative 
methodologies are superior to the original 
methodologies. 
(4) Revised delineations of the flood plain boundaries 
and floodway based on the new analysis(es). 
(f) Certification requirements. All analysis and data 
submitted by the requester shall be certified by a 
registered professional engineer or licensed land 
surveyor, as appropriate, subject to the definition of 
``certification'' given at Sec. 65.2 of this subchapter. 
(g) Submission procedures. All requests shall be 
submitted to the FEMA Regional Office servicing the 
community's geographic area or to the FEMA 
Headquarters Office in Washington, DC, and shall be 
accompanied by the appropriate payment, in 
accordance with 44 CFR part 72. 
[51 FR 30314, Aug. 25, 1986, as amended at 53 FR 
16279, May 6, 1988; 54 FR 33550, Aug. 15, 1989; 61 
FR 46331, Aug. 30, 1996; 62 FR 5736, Feb. 6, 1997; 
66 FR 22442, May 4, 2001] 
 65.7 Floodway revisions. 

(a) General. Floodway data is developed as part of 
FEMA Flood Insurance Studies and is utilized by 
communities to select and adopt floodways as part of 
the flood plain management program required by Sec. 
60.3 of this subchapter. When it has been determined 
by a community that no practicable alternatives exist 
to revising the boundaries of its previously adopted 
floodway, the procedures below shall be followed. 
(b) Data requirements when base flood elevation 
changes are requested. When a floodway revision is 
requested in association with a change to base flood 
elevations, the data requirements of Sec. 65.6 shall 
also be applicable. In addition, the following 
documentation shall be submitted: 
(1) Copy of a public notice distributed by the 
community stating the community's intent to revise 
the floodway or a statement by the community that it 
has notified all affected property owners and affected 
adjacent jurisdictions. 
NFIP Regulations E-33 


(2) Copy of a letter notifying the appropriate State 
agency of the floodway revision when the State has 
jurisdiction over the floodway or its adoption by 
communities participating in the NFIP. 
(3) Documentation of the approval of the revised 
floodway by the appropriate State agency (for 
communities where the State has jurisdiction over the 
floodway or its adoption by communities 
participating in the NFIP). 
(4) Engineering analysis for the revised floodway, as 
described below: 
(i) The floodway analysis must be performed using 
the hydraulic computer model used to determine the 
proposed base flood elevations. 
(ii) The floodway limits must be set so that neither 
the effective base flood elevations nor the proposed 
base flood elevations if less than the effective base 
flood elevations, are increased by more than the 
amount specified under Sec. 60.3 (d)(2). Copies of 
the input and output data from the original and 
modified computer models must be submitted. 
(5) Delineation of the revised floodway on the same 
topographic map used for the delineation of the 
revised flood boundaries. 
(c) Data requirements for changes not associated with 
base flood elevation changes. The following data 
shall be submitted: 
(1) Items described in paragraphs (b) (1) through (3) 
of this section must be submitted. 
(2) Engineering analysis for the revised floodway, as 
described below: 
(i) The original hydraulic computer model used to 
develop the established base flood elevations must be 
modified to include all encroachments that have 
occurred in the flood plain since the existing 
floodway was developed. If the original hydraulic 
computer model is not available, an alternate 
hydraulic computer model may be used provided the 
alternate model has been calibrated so as to reproduce 
the original water surface profile of the original 
hydraulic computer model. The alternate model must 
be then modified to include all encroachments that 
have occurred since the existing floodway was 
developed. 
(ii) The floodway analysis must be performed with 
the modified computer model using the desired 
floodway limits. 
(iii) The floodway limits must be set so that 
combined effects of the past encroachments and the 
new floodway limits do not increase the effective 
base flood elevations by more than the amount 
specified in Sec. 60.3(d)(2). Copies of the input and 
output data from the original and modified computer 
models must be submitted. 

(3) Delineation of the revised floodway on a copy of 
the effective NFIP map and a suitable topographic 
map. 
(d) Certification requirements. All analyses submitted 
shall be certified by a registered professional 
engineer. All topographic data shall be certified by a 
registered professional engineer or licensed land 
surveyor. Certifications are subject to the definition 
given at Sec. 65.2 of this subchapter. 
(e) Submission procedures. All requests that involve 
changes to floodways shall be submitted to the 
appropriate FEMA Regional Office servicing the 
community's geographic area. 
[51 FR 30315, Aug. 25, 1986] 
 65.8 Review of proposed projects. 

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

72. [62 FR 5736, Feb. 6, 1997] 
 65.9 Review and response by the Administrator. 

If any questions or problems arise during review, 
FEMA will consult the Chief Executive Officer of the 
community (CEO), the community official 
designated by the CEO, and/or the requester for 
resolution. Upon receipt of a revision request, the 
Administrator shall mail an acknowledgment of 
receipt of such request to the CEO. Within 90 days of 
receiving the request with all necessary information, 
the Administrator shall notify the CEO of one or 
more of the following: 

(a) The effective map(s) shall not be modified; 
(b) The base flood elevations on the effective FIRM 
shall be modified and new base flood elevations shall 
be established under the provisions of part 67 of this 
subchapter; 
(c) The changes requested are approved and the 
map(s) amended by Letter of Map Revision (LOMR); 
NFIP Regulations E-34 


(d) The changes requested are approved and a revised 
map(s) will be printed and distributed; 
(e) The changes requested are not of such a 
significant nature as to warrant a reissuance or 
revision of the flood insurance study or maps 
and will be deferred until such time as a 
significant change occurs; 
(f) An additional 90 days is required to evaluate 
the scientific or technical data submitted; or 
(g) Additional data are required to support the 
revision request. 
(h) The required payment has not been 
submitted in accordance with 44 CFR part 72, 
no review will be conducted and no 
determination will be issued until payment is 
received. 
[51 FR 30315, Aug. 25, 1986; 61 FR 46331, 
Aug. 30, 1996, as amended at 62 FR 5736, Feb. 
6, 1997] 
 65.10 Mapping of areas protected by levee 
systems. 

(a) General. For purposes of the NFIP, FEMA will 
only recognize in its flood hazard and risk mapping 
effort those levee systems that meet, and continue to 
meet, minimum design, operation, and maintenance 
standards that are consistent with the level of 
protection sought through the comprehensive flood 
plain management criteria established by Sec. 60.3 of 
this subchapter. Accordingly, this section describes 
the types of information FEMA needs to recognize, 
on NFIP maps, that a levee system provides 
protection from the base flood. This information must 
be supplied to FEMA by the community or other 
party seeking recognition of such a levee system at 
the time a flood risk study or restudy is conducted, 
when a map revision under the provisions of part 65 
of this subchapter is sought based on a levee system, 
and upon request by the Administrator during the 
review of previously recognized structures. The 
FEMA review will be for the sole purpose of 
establishing appropriate risk zone determinations for 
NFIP maps and shall not constitute a determination 
by FEMA as to how a structure or system will 
perform in a flood event. 
(b) Design criteria. For levees to be recognized by 
FEMA, evidence that adequate design and operation 
and maintenance systems are in place to provide 
reasonable assurance that protection from the base 
flood exists must be provided. The following 
requirements must be met: 
(1) Freeboard. (i) Riverine levees must provide a 
minimum freeboard of three feet above the water-
surface level of the base flood. An additional one foot 
above the minimum is required within 100 feet in 
either side of structures (such as bridges) riverward of 
the levee or wherever the flow is constricted. An 
additional one-half foot above the minimum at the 
upstream end of the levee, tapering to not less than 
the minimum at the downstream end of the levee, is 
also required. 
(ii) Occasionally, exceptions to the minimum riverine 
freeboard requirement described in paragraph 
(b)(1)(i) of this section, may be approved. 
Appropriate engineering analyses demonstrating 
adequate protection with a lesser freeboard must be 
submitted to support a request for such an exception. 
The material presented must evaluate the uncertainty 
in the estimated base flood elevation profile and 
include, but not necessarily be limited to an 
assessment of statistical confidence limits of the 100year discharge; changes in stage-discharge 
relationships; and the sources, potential, and 
magnitude of debris, sediment, and ice accumulation. 
It must be also shown that the levee will remain 
structurally stable during the base flood when such 
additional loading considerations are imposed. Under 
no circumstances will freeboard of less than two feet 
be accepted. 
(iii) For coastal levees, the freeboard must be 
established at one foot above the height of the one 
percent wave or the maximum wave runup 
(whichever is greater) associated with the 100year 
stillwater surge elevation at the site. 
(iv) Occasionally, exceptions to the minimum coastal 
levee freeboard requirement described in paragraph 
(b)(1)(iii) of this section, may be approved. 
Appropriate engineering analyses demonstrating 
adequate protection with a lesser freeboard must be 
submitted to support a request for such an exception. 
The material presented must evaluate the uncertainty 
in the estimated base flood loading conditions. 
Particular emphasis must be placed on the effects of 
wave attack and overtopping on the stability of the 
levee. Under no circumstances, however, will a 
freeboard of less than two feet above the 100year 
stillwater surge elevation be accepted. 
(2) Closures. All openings must be provided with 
closure devices that are structural parts of the system 
during operation and design according to sound 
engineering practice. 
(3) Embankment protection. Engineering analyses 
must be submitted that demonstrate that no 
NFIP Regulations E-35 


appreciable erosion of the levee embankment can be 
expected during the base flood, as a result of either 
currents or waves, and that anticipated erosion will 
not result in failure of the levee embankment or 
foundation directly or indirectly through reduction of 
the seepage path and subsequent instability. The 
factors to be addressed in such analyses include, but 
are not limited to: Expected flow velocities 
(especially in constricted areas); expected wind and 
wave action; ice loading; impact of debris; slope 
protection techniques; duration of flooding at various 
stages and velocities; embankment and foundation 
materials; levee alignment, bends, and transitions; 
and levee side slopes. 

(4) Embankment and foundation stability. 
Engineering analyses that evaluate levee embankment 
stability must be submitted. The analyses provided 
shall evaluate expected seepage during loading 
conditions associated with the base flood and shall 
demonstrate that seepage into or through the levee 
foundation and embankment will not jeopardize 
embankment or foundation stability. An alternative 
analysis demonstrating that the levee is designed and 
constructed for stability against loading conditions 
for Case IV as defined in the U.S. Army Corps of 
Engineers (COE) manual, ``Design and Construction 
of Levees'' (EM 1110-2-1913, Chapter 6, Section II), 
may be used. The factors that shall be addressed in 
the analyses include: Depth of flooding, duration of 
flooding, embankment geometry and length of 
seepage path at critical locations, embankment and 
foundation materials, embankment compaction, 
penetrations, other design factors affecting seepage 
(such as drainage layers), and other design factors 
affecting embankment and foundation stability (such 
as berms). 
(5) Settlement. Engineering analyses must be 
submitted that assess the potential and magnitude of 
future losses of freeboard as a result of levee 
settlement and demonstrate that freeboard will be 
maintained within the minimum standards set forth in 
paragraph (b)(1) of this section. This analysis must 
address embankment loads, compressibility of 
embankment soils, compressibility of foundation 
soils, age of the levee system, and construction 
compaction methods. In addition, detailed settlement 
analysis using procedures such as those described in 
the COE manual, Soil Mechanics Design-
Settlement Analysis (EM 1100-2-1904) must be 
submitted. 
(6) Interior drainage. An analysis must be submitted 
that identifies the source(s) of such flooding, the 
extent of the flooded area, and, if the average depth is 
greater than one foot, the water-surface elevation(s) 
of the base flood. This analysis must be based on the 
joint probability of interior and exterior flooding and 
the capacity of facilities (such as drainage lines and 
pumps) for evacuating interior floodwaters. 

(7) Other design criteria. In unique situations, such as 
those where the levee system has relatively high 
vulnerability, FEMA may require that other design 
criteria and analyses be submitted to show that the 
levees provide adequate protection. In such 
situations, sound engineering practice will be the 
standard on which FEMA will base its 
determinations. FEMA will also provide the rationale 
for requiring this additional information. 
(c) Operation plans and criteria. For a levee system to 
be recognized, the operational criteria must be as 
described below. All closure devices or mechanical 
systems for internal drainage, whether manual or 
automatic, must be operated in accordance with an 
officially adopted operation manual, a copy of which 
must be provided to FEMA by the operator when 
levee or drainage system recognition is being sought 
or when the manual for a previously recognized 
system is revised in any manner. All operations must 
be under the jurisdiction of a Federal or State agency, 
an agency created by Federal or State law, or an 
agency of a community participating in the NFIP. 
(1) Closures. Operation plans for closures must 
include the following: 
(i) Documentation of the flood warning system, under 
the jurisdiction of Federal, State, or community 
officials, that will be used to trigger emergency 
operation activities and demonstration that sufficient 
flood warning time exists for the completed operation 
of all closure structures, including necessary sealing, 
before floodwaters each the base of the closure. 
(ii) A formal plan of operation including specific 
actions and assignments of responsibility by 
individual name or title. 
(iii) Provisions for periodic operation, at not less than 
one-year intervals, of the closure structure for testing 
and training purposes. 
(2) Interior drainage systems. Interior drainage 
systems associated with levee systems usually 
include storage areas, gravity outlets, pumping 
stations, or a combination thereof. These drainage 
systems will be recognized by FEMA on NFIP maps 
for flood protection purposes only if the following 
minimum criteria are included in the operation plan: 
(i) Documentation of the flood warning system, under 
the jurisdiction of Federal, State, or community 
NFIP Regulations E-36 


officials, that will be used to trigger emergency 
operation activities and demonstration that sufficient 
flood warning time exists to permit activation of 
mechanized portions of the drainage system. 

(ii) A formal plan of operation including specific 
actions and assignments of responsibility by 
individual name or title. 
(iii) Provision for manual backup for the activation of 
automatic systems. 
(iv) Provisions for periodic inspection of interior 
drainage systems and periodic operation of any 
mechanized portions for testing and training 
purposes. No more than one year shall elapse 
between either the inspections or the operations. 
(3) Other operation plans and criteria. Other 
operating plans and criteria may be required by 
FEMA to ensure that adequate protection is provided 
in specific situations. In such cases, sound emergency 
management practice will be the standard upon which 
FEMA determinations will be based. 
(d) Maintenance plans and criteria. For levee systems 
to be recognized as providing protection from the 
base flood, the maintenance criteria must be as 
described herein. Levee systems must be maintained 
in accordance with an officially adopted maintenance 
plan, and a copy of this plan must be provided to 
FEMA by the owner of the levee system when 
recognition is being sought or when the plan for a 
previously recognized system is revised in any 
manner. All maintenance activities must be under the 
jurisdiction of a Federal or State agency, an agency 
created by Federal or State law, or an agency of a 
community participating in the NFIP that must 
assume ultimate responsibility for maintenance. This 
plan must document the formal procedure that 
ensures that the stability, height, and overall integrity 
of the levee and its associated structures and systems 
are maintained. At a minimum, maintenance plans 
shall specify the maintenance activities to be 
performed, the frequency of their performance, and 
the person by name or title responsible for their 
performance. 
(e) Certification requirements. Data submitted to 
support that a given levee system complies with the 
structural requirements set forth in paragraphs (b)(1) 
through (7) of this section must be certified by a 
registered professional engineer. Also, certified as-
built plans of the levee must be submitted. 
Certifications are subject to the definition given at 
Sec. 65.2 of this subchapter. In lieu of these structural 
requirements, a Federal agency with responsibility 
for levee design may certify that the levee has been 
adequately designed and constructed to provide 
protection against the base flood.
[51 FR 30316, Aug. 25, 1986]

 65.11 Evaluation of sand dunes in mapping 
coastal flood hazard areas. 

(a) General conditions. For purposes of the NFIP, 
FEMA will consider storm-induced dune erosion 
potential in its determination of coastal flood hazards 
and risk mapping efforts. The criterion to be used in 
the evaluation of dune erosion will apply to primary 
frontal dunes as defined in Sec. 59.1, but does not 
apply to artificially designed and constructed dunes 
that are not well-established with long-standing 
vegetative cover, such as the placement of sand 
materials in a dune-like formation. 
(b) Evaluation criterion. Primary frontal dunes will 
not be considered as effective barriers to base flood 
storm surges and associated wave action where the 
cross-sectional area of the primary frontal dune, as 
measured perpendicular to the shoreline and above 
the 100-year stillwater flood elevation and seaward of 
the dune crest, is equal to, or less than, 540 square 
feet. 
(c) Exceptions. Exceptions to the evaluation criterion 
may be granted where it can be demonstrated through 
authoritative historical documentation that the 
primary frontal dunes at a specific site withstood 
previous base flood storm surges and associated wave 
action. 
[53 FR 16279, May 6, 1988] 
 65.12 Revision of flood insurance rate maps to 
reflect base flood elevations caused by proposed 
encroachments. 

(a) When a community proposes to permit 
encroachments upon the flood plain when a 
regulatory floodway has not been adopted or to 
permit encroachments upon an adopted regulatory 
floodway which will cause base flood elevation 
increases in excess of those permitted under 
paragraphs (c)(10) or (d)(3) of Sec. 60.3 of this 
subchapter, the community shall apply to the 
Administrator for conditional approval of such action 
prior to permitting the encroachments to occur and 
shall submit the following as part of its application: 
(1) A request for conditional approval of map change 
and the appropriate initial fee as specified by Sec. 
72.3 of this subchapter or a request for exemption 
from fees as specified by Sec. 72.5 of this subchapter, 
whichever is appropriate; 
(2) An evaluation of alternatives which would not 
NFIP Regulations E-37 


result in a base flood elevation increase above that 
permitted under paragraphs (c)(10) or (d)(3) of Sec. 

60.3 of this subchapter demonstrating why these 
alternatives are not feasible; 
(3) Documentation of individual legal notice to all 
impacted property owners within and outside of the 
community, explaining the impact of the proposed 
action on their property. 
(4) Concurrence of the Chief Executive Officer of 
any other communities impacted by the proposed 
actions; 
(5) Certification that no structures are located in areas 
which would be impacted by the increased base flood 
elevation; 
(6) A request for revision of base flood elevation 
determination according to the provisions of Sec. 
65.6 of this part; 
(7) A request for floodway revision in accordance 
with the provisions of Sec. 65.7 of this part; 
(b) Upon receipt of the Administrator's conditional 
approval of map change and prior to approving the 
proposed encroachments, a community shall provide 
evidence to the Administrator of the adoption of 
flood plain management ordinances incorporating the 
increased base flood elevations and/or revised 
floodway reflecting the post-project condition. 
(c) Upon completion of the proposed encroachments, 
a community shall provide as-built certifications in 
accordance with the provisions of Sec. 65.3 of this 
part. The Administrator will initiate a final map 
revision upon receipt of such certifications in 
accordance with part 67 of this subchapter. 
[53 FR 16279, May 6, 1988] 
 65.13 Mapping and map revisions for areas 
subject to alluvial fan flooding. 

This section describes the procedures to be followed 
and the types of information FEMA needs to 
recognize on a NFIP map that a structural flood 
control measure provides protection from the base 
flood in an area subject to alluvial fan flooding. This 
information must be supplied to FEMA by the 
community or other party seeking recognition of such 
a flood control measure at the time a flood risk study 
or restudy is conducted, when a map revision under 
the provisions of part 65 of this subchapter is sought, 
and upon request by the Administrator during the 
review of previously recognized flood control 
measures. The FEMA review will be for the sole 
purpose of establishing appropriate risk zone 
determinations for NFIP maps and shall not 
constitute a determination by FEMA as to how the 

flood control measure will perform in a flood event. 

(a) The applicable provisions of Sec. 65.2, 65.3, 65.4, 
65.6, 65.8 and 65.10 shall also apply to FIRM 
revisions involving alluvial fan flooding. 
(b) The provisions of Sec. 65.5 regarding map 
revisions based on fill and the provisions of part 70 of 
this chapter shall not apply to FIRM revisions 
involving alluvial fan flooding. In general, elevations 
of a parcel of land or a structure by fill or other 
means, will not serve as a basis for removing areas 
subject to alluvial fan flooding from an area of 
special food hazards. 
(c) FEMA will credit on NFIP maps only major 
structural flood control measures whose design and 
construction are supported by sound engineering 
analyses which demonstrate that the measures will 
effectively eliminate alluvial fan flood hazards from 
the area protected by such measures. The provided 
analyses must include, but are not necessarily limited 
to, the following: 
(1) Engineering analyses that quantify the discharges 
and volumes of water, debris, and sediment 
movement associated with the flood that has a one-
percent probability of being exceeded in any year at 
the apex under current watershed conditions and 
under potential adverse conditions (e.g., deforestation 
of the watershed by fire). The potential for debris 
flow and sediment movement must be assessed using 
an engineering method acceptable to FEMA. The 
assessment should consider the characteristics and 
availability of sediment in the drainage basin above 
the apex and on the alluvial fan. 
(2) Engineering analyses showing that the measures 
will accommodate the estimated peak discharges and 
volumes of water, debris, and sediment, as 
determined in accordance with paragraph (c)(1) of 
this section, and will withstand the associated 
hydrodynamic and hydrostatic forces. 
(3) Engineering analyses showing that the measures 
have been designed to withstand the potential erosion 
and scour associated with estimated discharges. 
(4) Engineering analyses or evidence showing that 
the measures will provide protection from hazards 
associated with the possible relocation of flow paths 
from other parts of the fan. 
(5) Engineering analyses that assess the effect of the 
project on flood hazards, including depth and velocity 
of floodwaters and scour and sediment deposition, on 
other areas of the fan. 
NFIP Regulations E-38 


(6) Engineering analyses demonstrating that flooding 
from sources other than the fan apex, including local 
runoff, is either insignificant or has been accounted 
for in the design. 
(d) Coordination. FEMA will recognize measures 
that are adequately designed and constructed, 
provided that: evidence is submitted to show that the 
impact of the measures on flood hazards in all areas 
of the fan (including those not protected by the flood 
control measures), and the design and maintenance 
requirements of the measures, were reviewed and 
approved by the impacted communities, and also by 
State and local agencies that have jurisdiction over 
flood control activities. 
(e) Operation and maintenance plans and criteria. The 
requirements for operation and maintenance of flood 
control measures on areas subject to alluvial fan 
flooding shall be those specified under Sec. 65.10, 
paragraphs (c) and (d), when applicable. 
(f) Certification requirements. Data submitted to 
support that a given flood control measure complies 
with the requirements set forth in paragraphs (c) (1) 
through (6) of this section must be certified by a 
registered professional engineer. Also, certified as-
built plans of the flood control measures must be 
submitted. Certifications are subject to the definition 
given at Sec. 65.2. 
(Approved by the Office of Management and Budget 
under control number 3067-0147) 
[54 FR 33551, Aug. 15, 1989] 
 65.14 Remapping of areas for which local flood 
protection systems no longer provide base flood 
protection. 

(a) General. (1) This section describes the procedures 
to follow and the types of information FEMA 
requires to designate flood control restoration zones. 
A community may be eligible to apply for this zone 
designation if the Administrator determines that it is 
engaged in the process of restoring a flood protection 
system that was: 
(i) Constructed using Federal funds; 
(ii) Recognized as providing base flood protection on 
the community's effective FIRM; and 
(iii) Decertified by a Federal agency responsible for 
flood protection design or construction. 
(2) Where the Administrator determines that a 
community is in the process of restoring its flood 
protection system to provide base flood protection, a 
FIRM will be prepared that designates the temporary 
flood hazard areas as a flood control restoration zone 
(Zone AR). Existing special flood hazard areas 
shown on the community's effective FIRM that are 
further inundated by Zone AR flooding shall be 
designated as a ``dual'' flood insurance rate zone, 
Zone AR/AE or AR/AH with Zone AR base flood 
elevations, and AE or AH with base flood elevations 
and Zone AR/AO with Zone AR base flood 
elevations and Zone AO with flood depths, or Zone 
AR/A with Zone AR base flood elevations and Zone 
A without base flood elevations. 

(b) Limitations. A community may have a flood 
control restoration zone designation only once while 
restoring a flood protection system. 
This limitation does not preclude future flood control 
restoration zone designations should a fully restored, 
certified, and accredited system become decertified 
for a second or subsequent time. 
(1) A community that receives Federal funds for the 
purpose of designing or constructing, or both, the 
restoration project must complete restoration or meet 
the requirements of 44 CFR 
61.12 within a specified period, not to exceed a 
maximum of 10 years from the date of submittal of 
the community's application for designation of a 
flood control restoration zone. 
(2) A community that does not receive Federal funds 
for the purpose of constructing the restoration project 
must complete restoration within a specified period, 
not to exceed a maximum of 5 years from the date of 
submittal of the community's application for 
designation of a flood control restoration zone. Such 
a community is not eligible for the provisions of 
Sec.61.12. The designated restoration period may not 
be extended beyond the maximum allowable under 
this limitation. 
(c) Exclusions. The provisions of these regulations do 
not apply in a coastal high hazard area as defined in 
44 CFR 59.1, including areas that would be subject to 
coastal high hazards as a result of the decertification 
of a flood protection system shown on the 
community's effective FIRM as providing base flood 
protection. 
(d) Effective date for risk premium rates. The 
effective date for any risk premium rates established 
for Zone AR shall be the effective date of the revised 
FIRM showing Zone AR designations. 
(e) Application and submittal requirements for 
designation of a flood control restoration zone. A 
community must submit a written request to the 
Administrator, signed by the community's Chief 
Executive Officer, for a floodplain designation as a 
flood control restoration zone. The request must 
include a legislative action by the community 
NFIP Regulations E-39 


requesting the designation. The Administrator will 
not initiate any action to designate flood control 
restoration zones without receipt of the formal 
request from the community that complies with all 
requirements of this section. The Administrator 
reserves the right to request additional information 
from the community to support or further document 
the community's formal request for designation of a 
flood control restoration zone, if deemed necessary. 

(1) At a minimum, the request from a community that 
receives Federal funds for the purpose of designing, 
constructing, or both, the restoration project must 
include: 
(i) A statement whether, to the best of the knowledge 
of the community's Chief Executive Officer, the flood 
protection system is currently the subject matter of 
litigation before any Federal, State or local court or 
administrative agency, and if so, the purpose of that 
litigation; 
(ii) A statement whether the community has 
previously requested a determination with respect to 
the same subject matter from the Administrator, and 
if so, a statement that details the disposition of such 
previous request; 
(iii) A statement from the community and 
certification by a Federal agency responsible for 
flood protection design or construction that the 
existing flood control system shown on the effective 
FIRM was originally built using Federal funds, that it 
no longer provides base flood protection, but that it 
continues to provide protection from the flood having 
at least a 3percent chance of occurrence during any 
given year; 
(iv) An official map of the community or legal 
description, with supporting documentation, that the 
community will adopt as part of its flood plain 
management measures, which designates developed 
areas as defined in Sec.59.1 and as further defined in 
Sec.60.3(f). 
(v) A restoration plan to return the system to a level 
of base flood protection. At a minimum, this plan 
must: 
(A) List all important project elements, such as 
acquisition of permits, approvals, and contracts and 
construction schedules of planned features; 
(B) Identify anticipated start and completion dates for 
each element, as well as significant milestones and 
dates; 
(C) Identify the date on which ``as built'' drawings 
and certification for the completed restoration project 
will be submitted. This date must provide for a 
restoration period not to exceed the maximum 
allowable restoration period for the flood protection 
system, or; 

(D) Identify the date on which the community will 
submit a request for a finding of adequate progress 
that meets all requirements of Sec.61.12. This date 
may not exceed the maximum allowable restoration 
period for the flood protection system; 
(vi) A statement identifying the local project sponsor 
responsible for restoration of the flood protection 
system; 
(vii) A copy of a study, performed by a Federal 
agency responsible for flood protection design or 
construction in consultation with the local project 
sponsor, which demonstrates a Federal interest in 
restoration of the system and which deems that the 
flood protection system is restorable to a level of base 
flood protection. 
(viii) A joint statement from the Federal agency 
responsible for flood protection design or 
construction involved in restoration of the flood 
protection system and the local project sponsor 
certifying that the design and construction of the 
flood control system involves Federal funds, and that 
the restoration of the flood protection system will 
provide base flood protection; 
(2) At a minimum, the request from a community that 
receives no Federal funds for the purpose of 
constructing the restoration project must: 
(i) Meet the requirements of Sec.65.14(e)(1)(i) 
through (iv); 
(ii) Include a restoration plan to return the system to a 
level of base flood protection. At a minimum, this 
plan must: 
(A) List all important project elements, such as 
acquisition of permits, approvals, and contracts and 
construction schedules of planned features; 
(B) Identify anticipated start and completion dates for 
each element, as well as significant milestones and 
dates; and 
(C) Identify the date on which ``as built'' drawings 
and certification for the completed restoration project 
will be submitted. This date must provide for a 
restoration period not to exceed the maximum 
allowable restoration period for the flood protection 
system; 
(iii) Include a statement identifying the local agency 
responsible for restoration of the flood protection 
system; 
(iv) Include a copy of a study, certified by registered 
Professional Engineer, that demonstrates that the 
flood protection system is restorable to provide 
protection from the base flood; 
NFIP Regulations E-40 


(v) Include a statement from the local agency 
responsible for restoration of the flood protection 
system certifying that the restored flood protection 
system will meet the applicable requirements of Part 
65; and 
(vi) Include a statement from the local agency 
responsible for restoration of the flood protection 
system that identifies the source of funds for the 
purpose of constructing the restoration project and a 
percentage of the total funds contributed by each 
source. The statement must demonstrate, at a 
minimum, that 100 percent of the total financial 
project cost of the completed flood protection system 
has been appropriated. 
(f) Review and response by the Administrator. The 
review and response by the Administrator shall be in 
accordance with procedures specified in Sec. 65.9. 
(g) Requirements for maintaining designation of a 
flood control restoration zone. During the restoration 
period, the community and the cost-sharing Federal 
agency, if any, must certify annually to the FEMA 
Regional Office having jurisdiction that the 
restoration will be completed in accordance with the 
restoration plan within the time period specified by 
the plan. In addition, the community and the cost-
sharing Federal agency, if any, will update the 
restoration plan and will identify any permitting or 
construction problems that will delay the project 
completion from the restoration plan previously 
submitted to the Administrator. The FEMA Regional 
Office having jurisdiction will make an annual 
assessment and recommendation to the Administrator 
as to the viability of the restoration plan and will 
conduct periodic on-site inspections of the flood 
protection system under restoration. 
(h) Procedures for removing flood control restoration 
zone designation due to adequate progress or 
complete restoration of the flood protection system. 
At any time during the restoration period: 
(1) A community that receives Federal funds for the 
purpose of designing, constructing, or both, the 
restoration project shall provide written evidence of 
certification from a Federal agency having flood 
protection design or construction responsibility that 
the necessary improvements have been completed 
and that the system has been restored to provide 
protection from the base flood, or submit a request 
for a finding of adequate progress that meets all 
requirements of Sec.61.12. If the Administrator 
determines that adequate progress has been made, 
FEMA will revise the zone designation from a flood 
control restoration zone designation to Zone A99. 
(2) After the improvements have been completed, 
certified by a Federal agency as providing base flood 
protection, and reviewed by FEMA, FEMA will 
revise the FIRM to reflect the completed flood 
control system. 
(3) A community that receives no Federal funds for 
the purpose of constructing the restoration project 
must provide written evidence that the restored flood 
protection system meets the requirements of Part 65. 
A community that receives no Federal funds for the 
purpose of constructing the restoration project is not 
eligible for a finding of adequate progress under 
Sec.61.12. 
(4) After the improvements have been completed and 
reviewed by FEMA, FEMA will revise the FIRM to 
reflect the completed flood protection system. 
(i) Procedures for removing flood control restoration 
zone designation due to noncompliance with the 
restoration schedule or as a result of a finding that 
satisfactory progress is not being made to complete 
the restoration. At any time during the restoration 
period, should the Administrator determine that the 
restoration will not be completed in accordance with 
the time frame specified in the restoration plan, or 
that satisfactory progress is not being made to restore 
the flood protection system to provide complete flood 
protection in accordance with the restoration plan, the 
Administrator shall notify the community and the 
responsible Federal agency, in writing, of the 
determination, the reasons for that determination, and 
that the FIRM will be revised to remove the flood 
control restoration zone designation. Within thirty 
(30) days of such notice, the community may submit 
written information that provides assurance that the 
restoration will be completed in accordance with the 
time frame specified in the restoration plan, or that 
satisfactory progress is being made to restore 
complete protection in accordance with the 
restoration plan, or that, with reasonable certainty, the 
restoration will be completed within the maximum 
allowable restoration period. On the basis of this 
information the Administrator may suspend the 
decision to revise the FIRM to remove the flood 
control restoration zone designation. If the 
community does not submit any information, or if, 
based on a review of the information submitted, there 
is sufficient cause to find that the restoration will not 
be completed as provided for in the restoration plan, 
the Administrator shall revise the FIRM, in 
accordance with 44 CFR Part 67, and shall remove 
the flood control restoration zone designations and 
shall redesignate those areas as Zone A1-30, AE, AH, 
NFIP Regulations E-41 


AO, or A. 
[62 FR 55717, Oct. 27, 1997]

 65.15 List of communities submitting new 
technical data. 

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

 65.16 Standard Flood Hazard Determination 
Form and Instructions. 

(a) Section 528 of the National Flood Insurance 
Reform Act of 1994 (42 U.S.C. 1365(a)) directs 
FEMA to develop a standard form for determining, in 
the case of a loan secured by improved real estate or a 
mobile home, whether the building or mobile home is 
located in an area identified by the Director as an area 
having special flood hazards and in which flood 
insurance under this title is available. The purpose of 
the form is to determine whether a building or mobile 
home is located within an identified Special Flood 
Hazard Area (SFHA), whether flood insurance is 
required, and whether federal flood insurance is 
available. Use of this form will ensure that required 
flood insurance coverage is purchased for structures 
located in an SFHA, and will assist federal entities 
for lending regulation in assuring compliance with 
these purchase requirements. 
(b) The form is available by written request to 
Federal Emergency Management Agency, PO Box 
2012, Jessup, MD 20794; ask for the Standard Flood 
Hazard Determination form. It is also available by 
fax-on-demand; call (202) 646-3362, form #23103. 
Finally, the form is available through the Internet at 
http://www.fema.gov/nfip/mpurfi.htm. 
[63 FR 27857, May 21, 1998] 

 65.17 Review of determinations. 

This section describes the procedures that shall be 
followed and the types of information required by 
FEMA to review a determination of whether a 
building or manufactured home is located within an 
identified Special Flood Hazard Area (SFHA). 

(a) General conditions. The borrower and lender of a 
loan secured by improved real estate or a 
manufactured home may jointly request that FEMA 
review a determination that the building or 
manufactured home is located in an identified SFHA. 
Such a request must be submitted within 45 days of 
the lender's notification to the borrower that the 
building or manufactured home is in the SFHA and 
that flood insurance is required. Such a request must 
be submitted jointly by the lender and the borrower 
and shall include the required fee and technical 
information related to the building or manufactured 
home. Elevation data will not be considered under the 
procedures described in this section. 
(b) Data and other requirements. Items required for 
FEMA's review of a determination shall include the 
following: 
(1) Payment of the required fee by check or money 
order, in U.S. funds, payable to the National Flood 
Insurance Program; 
(2) A request for FEMA's review of the 
determination, signed by both the borrower and the 
lender; 
(3) A copy of the lender's notification to the borrower 
that the building or manufactured home is in an 
SFHA and that flood insurance is required (the 
request for review of the determination must be 
postmarked within 45 days of borrower notification); 
(4) A completed Standard Flood Hazard 
Determination Form for the building or manufactured 
home, together with a legible hard copy of all 
technical data used in making the determination; and 
(5) A copy of the effective NFIP map (Flood Hazard 
Boundary Map (FHBM) or Flood Insurance Rate 
Map (FIRM)) panel for the community in which the 
building or manufactured home is located, with the 
building or manufactured home location indicated. 
Portions of the map panel may be submitted but shall 
include the area of the building or manufactured 
home in question together with the map panel title 
block, including effective date, bar scale, and north 
arrow. 
NFIP Regulations E-42 


(c) Review and response by FEMA. Within 45 days
after receipt of a request to review a determination, 
FEMA will notify the applicants in writing of one of
the following: 
(1) Request submitted more than 45 days after 
borrower notification; no review will be performed
and all materials are being returned; 
(2) Insufficient information was received to review 
the determination; therefore, the determination stands 
until a complete submittal is received; or 
(3) The results of FEMA's review of the 
determination, which shall include the following: 
(i) The name of the NFIP community in which the 
building or manufactured home is located; 
(ii) The property address or other identification of the 
building or manufactured home to which the 
determination applies; 
(iii) The NFIP map panel number and effective date
upon which the determination is based; 
(iv) A statement indicating whether the building or
manufactured home is within the Special Flood 
Hazard Area;
(v) The time frame during which the
determination is effective. 
[60 FR 62218, Dec. 5, 1995]
PART 70--PROCEDURE FOR MAP 
CORRECTION 
Mapping Deficiencies Unrelated to Community 
Wide Elevation Determinations 

Sec. 

70.1 Purpose of part. 
70.2 Definitions. 
70.3 Right to submit technical information. 
70.4 Review by the Director. 
70.5 Letter of Map Amendment. 
70.6 Distribution of Letter of Map Amendment. 
70.7 Notice of Letter of Map Amendment. 
70.8 Premium refund after Letter of Map 
Amendment. 
70.9 Review of proposed projects. 
Authority: 42 U.S.C. 4001 et seq.; Reorganization 
Plan No. 3 of 1978, 43 FR 41943, 3 CFR, 1978 
Comp., p. 329; E.O. 12127 of Mar. 31, 1979, 44 FR 
19367, 3 CFR, 1979 Comp., p. 376. 
 70.1 Purpose of part. 

The purpose of this part is to provide an 
administrative procedure whereby the Administrator 
will review the scientific or technical submissions of 
an owner or lessee of property who believes his 
property has been inadvertently included in 

designated A, AO, A130, AE, AH, A99, AR, AR/A130, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, 
VE, and V Zones, as a result of the transposition of 
the curvilinear line to either street or to other readily 
identifiable features. The necessity for this part is due 
in part to the technical difficulty of accurately 
delineating the curvilinear line on either an FHBM or 
FIRM. These procedures shall not apply when there 
has been any alteration of topography since the 
effective date of the first NFIP map (i.e., FHBM or 
FIRM) showing the property within an area of special 
flood hazard. Appeals in such circumstances are 
subject to the provisions of part 65 of this subchapter. 
[62 FR 55718, Oct. 27, 1997] 

 70.2 Definitions. 

The definitions set forth in part 59 of this subchapter 
are applicable to this part. 
[41 FR 46991, Oct. 26, 1976. Redesignated at 44 FR 
31177, May 31, 1979]

 70.3 Right to submit technical information. 

(a) Any owner or lessee of property (applicant) who 
believes his property has been inadvertently included 
in a designated A, AO, A1-30, AE, AH, A99, AR, 
AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, 
V1-30, VE, and V Zones on a FHBM or a FIRM, 
may submit scientific or technical information to the 
Administrator for the Administrator's review. 
(b) Scientific and technical information for the 
purpose of this part may include, but is not limited to 
the following: 
(1) An actual copy of the recorded plat map bearing 
the seal of the appropriate recordation official (e.g. 
County Clerk, or Recorder of Deeds) indicating the 
official recordation and proper citation (Deed or Plat 
Book Volume and Page Numbers), or an equivalent 
identification where annotation of the deed or plat 
book is not the practice. 
(2) A topographical map showing (i) ground 
elevation contours in relation to the National 
Geodetic Vertical Datum (NVGD) of 1929, (ii) the 
total area of the property in question, (iii) the location 
of the structure or structures located on the property 
in question, (iv) the elevation of the lowest adjacent 
grade to a structure or structures and (v) an indication 
of the curvilinear line which represents the area 
subject to inundation by a base flood. The curvilinear 
line should be based upon information provided by 
any appropriate authoritative source, such as a 
Federal Agency, the appropriate state agency (e.g. 
NFIP Regulations E-43 


Department of Water Resources), a County Water 
Control District, a County or City Engineer, a Federal 
Emergency Management Agency Flood Insurance 
Study, or a determination by a Registered 
Professional Engineer 

(3) A copy of the FHBM or FIRM indicating the 
location of the property in question; 
(4) A certification by a Registered Professional 
Engineer or Licensed Land Surveyor that the lowest
grade adjacent to the structure is above the base flood 
elevation. 
[41 FR 46991, Oct. 26, 1976. Redesignated at 44 FR 
31177, May 31, 1979, as amended at 48 FR 44544 
and 44553, Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984; 
50 FR 36028, Sept. 4, 1985; 51 FR 30317, Aug. 25,
1986; 53 FR 16280, May 6, 1988; 59 FR 53601, Oct. 
25, 1994; 62 FR 55719, Oct. 27, 1997]
 70.4 Review by the Director. 

The Director, after reviewing the scientific or 
technical information submitted under the provisions 
of Sec. 70.3, shall notify the applicant in writing of 
his/her determination within 60 days after we receive 
the applicant's scientific or technical information that 
we have compared either the ground elevations of an 
entire legally defined parcel of land or the elevation 
of the lowest adjacent grade to a structure with the 
elevation of the base flood and that: 

(a) The property is within a designated A, A0, A1-30, 
AE, AH, A99, AR, AR/A1-30, AR/AE, AR/AO, 
AR/AH, AR/A, V0, V1-30, VE, or V Zone, and will 
state the basis of such determination; or 
(b) The property should not be within a designated 
A, A0, A1-30, AE, AH, A99, AR, AR/A1-30, 
AR/AE, AR/AO, AR/AH, AR/A,V0, V1-30, VE, or 
V Zone and that we will modify the FHBM or FIRM 
accordingly; or 
(c) The property is not within a designated A, A0, 
A1-30, AE, AH, A99, AR, AR/A1-30, AR/AE, 
AR/AO, AR/AH, AR/A,V0, V1-30, VE, or V Zone 
as shown on the FHBM or FIRM and no modification 
of the FHBM or FIRM is necessary; or(d) We need 
an additional 60 days to make a determination. 
[66 FR 33900, June 26, 2001] 
 70.5 Letter of Map Amendment. 

Upon determining from available scientific or 
technical information that a FHBM or a FIRM 
requires modification under the provisions of Sec. 
70.4(b), the Administrator shall issue a Letter of Map 
Amendment which shall state: 

(a) The name of the Community to which the map to
be amended was issued; 
(b) The number of the map; 
(c) The identification of the property to be excluded 
from a designated A, AO, A1-30, AE, AH, A99, AR, 
AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, 
V1-30, VE, or V Zone. 
[41 FR 46991, Oct. 26, 1976. Redesignated at 44 FR 
31177, May 31, 1979, as amended at 48 FR 44553, 
Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984; 50 FR
36028, Sept. 4, 1985; 59 FR 53601, Oct. 25, 1994; 62
FR 55719, Oct. 27, 1997]
 70.6 Distribution of Letter of Map Amendment. 

(a) A copy of the Letter of Map Amendment shall be 
sent to the applicant who submitted scientific or 
technical data to the Administrator. 
(b) A copy of the Letter of Map Amendment shall be 
sent to the local map repository with instructions that 
it be attached to the map which the Letter of Map 
Amendment is amending. 
(c) A copy of the Letter of Map Amendment shall be 
sent to the map repository in the state with 
instructions that it be attached to the map which it is 
amending. 
(d) A copy of the Letter of Map Amendment will be 
sent to any community or governmental unit that 
requests such Letter of Map Amendment. 
(e) [Reserved] 
(f) A copy of the Letter of Map Amendment will be 
maintained by the Agency in its community case file. 
[41 FR 46991, Oct. 26, 1976. Redesignated at 44 FR 
31177, May 31, 1979, as amended at 48 FR 44544 
and 44553, Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984] 
 70.7 Notice of Letter of Map Amendment. 

(a) The Administrator, shall not publish a notice in 
the Federal Register that the FIRM for a particular 
community has been amended by letter determination 
pursuant to this part unless such amendment includes 
alteration or change of base flood elevations 
established pursuant to part 67. Where no change of 
base flood elevations has occurred, the Letter of Map 
Amendment provided under Sec. 70.5 and 70.6 
serves to inform the parties affected. 
(b) [Reserved] Editorial Note: For a list of 
communities issued under this section and not carried 
in the CFR see the List of CFR Sections Affected, 
which appears in the Finding Aids Section of the 
printed volume and on GPO Access. 
NFIP Regulations E-44 


 70.8 Premium refund after Letter of Map 
Amendment. 

A Standard Flood Insurance Policyholder whose 
property has become the subject of a Letter of Map 
Amendment under this part may cancel the policy 
within the current policy year and receive a premium 
refund under the conditions set forth in Sec. 62.5 of 
this subchapter. [41 FR 46991, Oct. 26, 1976. 
Redesignated at 44 FR 31177, May 31, 1979] 

 70.9 Review of proposed projects. 

An individual who proposes to build one or more 
structures on a portion of property that may be 
included inadvertently in a Special Flood Hazard 
Area (SFHA) may request FEMA's comments on 
whether the proposed structure(s), if built as 

proposed, will be in the SFHA. FEMA's comments 
will be issued in the form of a letter, termed a 
Conditional Letter of Map Amendment. The data 
required to support such requests are the same as 
those required for final Letters of Map Amendment in 
accordance with Sec. 70.3, except as-built 
certification is not required and the requests shall be 
accompanied by the appropriate payment, in 
accordance with 44 CFR part 72. All such requests 
for CLOMAs shall be submitted to the FEMA 
Regional Office servicing the community's 
geographic area or to the FEMA Headquarters Office 
in Washington, DC. 
[62 FR 5736, Feb. 6, 1997] 

NFIP Regulations E-45