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I I I I I I I I I I I I I I I I I I I 560,1 Fl=MA CfI{crrA, or renewed In those communities, Poli- cies sold or renewed within a commu- nity during a period of Ineligibility are deemed to be voidable by the Adminis- trator whether or not the parties to sale or renewal had actual notice of the Inellgi b111 ty. [41 FR 46968, Oct. 26, 1976. Redesignated at 44 FR 31177, May 31,1979. and amended at 4S FR 44M3 and 44M2. Sept, 29, 1983; 49 FR 4751, Feb, 8. 1984; 50 FR 36023, Sept. 4, 19&; ~7 FR 19540, May 7. 1992; 59 FR 53598, Oct. 25, I994J PART 6O-CRITERIA FOR LAND MANAGEMENT AND USE Subpart A-Requirements for Flood Plain Management Regulations Sec. 60.1 Purpose of subpart. 60.2 Minimum compllance with nood plain management cri teria. 60.3 Flood plain management criteria for nood-prone areas. 60,4 Flood plain management criteria for mudsl1de (I.e., mudnow) .prone areas. 60.~ Flood plain management criteria for nood.related erosion-prone areas. 60.6 Variances and exceptions, 60.7 Revisions of criteria for nood plain management regulations. 60.8 Definitions. Subpart B-Requlrements for Slate Flood Plain Management Regulollons 60.11 Purpose of this subpart, 60.12 Flood plain management criteria. for Sta te,owned properties In special hazard areas. 60,13 Noncompliance. Subpart C-Addlflonal Conslderatlons In Managing Rood-Prone. Mudsflde (I.... MudfIow)-Prone, and Flood-Reloled Erosion-Prone Areas 60.21 Purpose of this subpart. 60,22 Planning considerations for flood- prone areas. 60.23 Planning considerations for mudsl1de (I.e., mudnow)-prone areas, 60.24 Planning considerations for flood-re- lated eroslon.prone areas. 60.25 Designation. duties, and responsibil- ities of State Coordinating Agencies. 60.26 Local coordination. AUTHORITY: 42 U.S.C. 4001 et seq.; Reorga- nization Plan No. 3 of 1978, 3 CFR. 19'78 Comp., p. 329; E.O. 12127, 3 CFR, 1979 Comp., p.376. 44 CFR Ch.1 00-1-96 Edition) SOURCE; 41 FR 4697$, Oct, as. I"., unleu otherwlee noted. Redeel"nated at 44 FR 3un, May 31,19'1$, Subpart A-Requirements for Flood Plain Management Regulations 160,1 Purpose ohubpart. (a) The Act provides that nood Insur- ance shall not be sold or renewed under the program within a community. un- less the community has adopted ade- quate nood plain management regula- tions consistent with Federal criteria. ResponSibility for establishing such criteria is delegated to the Adminis- trator. (b) This subpart sets forth the cri- teria developed in accordance with the Act by which the Administrator will determine the adequacy of a commu- nity's nood plain management regula- tions. These regulations must be le- gally-enforceable, applied uniformly throughout the community to all pri- vately and pUblicly owned land within nood-prone, mudslide (I.e., mudnow) or nood-related erosion areas, and the community must provide that the reg- ulations take precedence over any less restrictive connicting local laws, ordi- nances or codes. Except as otherwise provided in 160.6. the adequacy of such regulations shall be determined on the basis of the standards set forth In 160.3 for nood-prone areas. 160.4 for mudslide areas and 160.5 for nood-related erosion areas. (c) Nothing in this subpart shall be construed as modifying or replacing the general requirement that all eligi- ble communities must take into ac- count nood, mudslide (I.e., mudflow) and nood-related erosion hazards, to the extent that they are known, In all official actions relating to land man- agement and use. (d) The criteria set forth In this sub- part are minimum standards for the adoption of flood plain management regulations by flood-prone, mudslide (1.e.. mudnow)-prone and nood-related erosion-prone communities. Any com- munity may exceed the minimum cri- teria under this part by adopting more comprehensive nood plain management regulations utilizing the standards such as contained in subpart C of this 234