§ 9.13 Particular types of temporary housing. ( a ) This section sets forth the procedures whereby the Agency will provide certain specified types of temporary housing at a private, commercial, or group site.
( b ) Prior to providing the temporary housing described in paragraph (a) of this section, the Agency shall comply with the provisions of this section. For temporary housing not enumerated above, the full 8-step process (*see* § 9.6) applies.
( c ) The actions described in paragraph (a) of this section are subject to the following decision-making process: ( 1 ) The temporary housing action shall be evaluated in accordance with the provisions of § 9.7 to determine if it is in or affects the 1 percent annual chance (base) floodplain or wetland.
( 2 ) No temporary housing unit may be placed on a site in a floodway or coastal high hazard area.
( 3 ) An individual or family shall not be housed in the 1 percent annual chance (base) floodplain or wetland unless the Regional Administrator has complied with the provisions of § 9.9 to determine that such site is the only practicable alternative. The following factors shall be substituted for the factors in § 9.9(c) and (e)(2) through (4): ( i ) Speedy provision of temporary housing;
( ii ) Potential flood risk to the temporary housing occupant;
( iii ) Cost effectiveness;
( iv ) Social and neighborhood patterns;
( v ) Timely availability of other housing resources; and
( vi ) Potential harm to the floodplain or wetland.
( 4 ) For temporary housing units at group sites, Step 4 of the 8-step process shall be applied in accordance with § 9.10.
( 5 ) An individual or family shall not be housed in a floodplain or wetland (except in existing resources) unless the Regional Administrator has complied with the provisions of § 9.11 to minimize harm to and within floodplains and wetlands. The following provisions shall be substituted for the provisions of § 9.11(d) for temporary housing units: ( i ) No temporary housing unit may be placed unless it is elevated to the fullest extent practicable up to the base flood elevation and adequately anchored.
( ii ) No temporary housing unit may be placed if such placement is inconsistent with the criteria of the NFIP (44 CFR parts 59 and 60) or any more restrictive Federal, State, or local floodplain management standard. Such standards may require elevation to the base flood elevation in the absence of a variance.
( iii ) Temporary housing units shall be elevated on open works (walls, columns, piers, piles, etc.) rather than on fill where practicable.
( iv ) To minimize the effect of floods on human health, safety and welfare, the Agency shall: ( A ) Where appropriate, integrate all of its proposed actions in placing temporary housing units for temporary housing in floodplains into existing flood warning or preparedness plans and ensure that available flood warning time is reflected;
( B ) Provide adequate access and egress to and from the proposed site of the temporary housing unit; and
( C ) Give special consideration to the unique hazard potential in flash flood and rapid-rise areas.
( 6 ) FEMA shall comply with Step 2 Early Public Notice (§ 9.8(c)) and Step 7 Final Public Notice (§ 9.12). In providing these notices, the emergency nature of temporary housing shall be taken into account.
( 7 ) FEMA shall carry out the actions in accordance with Step 8, ensuring the requirements of this section and the decision-making process are fully integrated into the provision of temporary housing.
( d ) The following applies to the permanent installation of a temporary housing unit as part of a sale or disposal of temporary housing: ( 1 ) FEMA shall not permanently install temporary housing units in floodways or coastal high hazard areas. FEMA shall not permanently install a temporary housing unit in floodplains as established by 9.7(c) or wetlands unless there is full compliance with the 8-step process. Given the vulnerability of temporary housing units to flooding, a rejection of a non-floodplain location alternative and of the no-action alternative shall be based on: ( i ) A compelling need of the family or individual to buy a temporary housing unit for permanent housing; and
( ii ) A compelling requirement to permanently install the unit in a floodplain.
( 2 ) FEMA shall not permanently install temporary housing units in the floodplain as established by § 9.7(c) unless they are or will be elevated at least to the elevation of the floodplain as established by § 9.7(c).
( 3 ) The Regional Administrator shall notify FEMA Resilience of each instance where a floodplain location has been found to be the only practicable alternative for permanent installation of a temporary housing unit.
[45 FR 59526, Sept. 9, 1980, as amended at 47 FR 13149, Mar. 29, 1982; 49 FR 35584, Sept. 10, 1984; 50 FR 40006, Oct. 1, 1985; 89 FR 57045, July 11, 2024]