Mississippi Administrative Code › Title 12 - Finance and Administration › Part 10 - Office of State Property Insurance › Sec2 12-10-100 - GENERAL › Section 12-10-100.2 - Federal Regulations

Current through June 25, 2024
The Code of Federal Regulations (CFR) is the codification of
				  the general and permanent rules published in the Federal Register by the
				  departments and agencies of the Federal Government. Regulations pertaining to
				  the Federal Emergency Management Agency (FEMA) National Flood Insurance Program
				  (NFIP) are found in CFR Section 44, Emergency Management and Assistance, Part
				  9, Floodplain Management and Protection of Wetlands.
This regulation sets forth the policy, procedure and
				  responsibilities to implement and enforce Executive Order 11988, Floodplain
				  Management, and Executive Order 11990, Protection of Wetlands.
(a) FEMA shall take no action unless and
				until the requirements of this regulation are complied with.
(b) It is the policy of the Agency to provide
				leadership in floodplain management and the protection of wetlands. Further,
				the Agency shall integrate the goals of the Orders to the greatest possible
				degree into its procedures for implementing NEPA. The Agency shall take action
				to:
(1) Avoid long- and short-term adverse
				impacts associated with the occupancy and modification of floodplains and the
				destruction and modification of wetlands;
(2) Avoid direct and indirect support of
				floodplain development and new construction in wetlands wherever there is a
				practicable alternative;
(3)
				Reduce the risk of flood loss;
(4)
				Promote the use of nonstructural flood protection methods to reduce the risk of
				flood loss;
(5) Minimize the
				impact of floods on human health, safety and welfare;
(6) Minimize the destruction, loss or
				degradation of wetlands;
(7)
				Restore and preserve the natural and beneficial values served by floodplains;
(8) Preserve and enhance the
				natural values of wetlands;
(9)
				Involve the public throughout the floodplain management and wetlands protection
				decision-making process;
(10)
				Adhere to the objectives of the Unified National Program for Floodplain
				Management; and
(11) Improve and
				coordinate the Agency's plans, programs, functions and resources so that the
				Nation may attain the widest range of beneficial uses of the environment
				without degradation or risk to health and safety.
The authority for these regulations is (a) Executive Order
				  11988, May 24, 1977, which replaced Executive Order 11296, August 10, 1966, (b)
				  Executive Order 11990, May 24, 1977, (c) Reorganization Plan No. 3 of 1978 (43
				  FR 41943); and (d) Executive Order 12127, April 1, 1979 (44 FR 1936). E.O.
				  11988 was issued in furtherance of the National Flood Insurance Act of 1968, as
				  amended ( Pub. L.
				  90-488 ); the Flood Disaster Protection Act of
				  1973, as amended ( Pub. L.
				  93-234 ); and the National Environmental
Policy Act of 1969 (NEPA) (
				  Pub. L.
				  91-190 ). Section 2(d) of Executive Order 11988
				  requires issuance of new or amended regulations and procedures to satisfy its
				  substantive and procedural provisions. E.O. 11990 was issued in furtherance of
				  NEPA, and at section 6 required issuance of new or amended regulations and
				  procedures to satisfy its substantive and procedural provisions.