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<br />- <br /> <br />- <br /> <br />- <br /> <br />- <br /> <br />160.7 <br /> <br />1085: 51 FR 30308, Aug. 25, 1988: 54 FR <br />33550, Aug. 15, 1089] <br />160.1 Revisions of criteria for DODd plain <br />management replatlona. <br />From time to time Part 60 may be <br />revised as experience is acquired under <br />the Program and new information be- <br />comes available. Communltles wlJJ be <br />given six months from the effeetlve <br />date of any new regulatlon to revise <br />their flood plain management regula. <br />tlons to comply with any sueh <br />changes. <br />I 60.8 Definitions. <br />The deflnltlons set forth In Part 59 <br />of this subchapter are applicable to <br />thla part. <br /> <br />Subpart 8-R.qulr.m.nts for Stat. <br />Flood Plain Manag.m.nt R.gula- <br />tlons <br /> <br />160.11 Purpose of this subpart. <br /> <br />(al A State Is cOD8ldered a "commu- <br />nity" pursuant to t 59.1 of this sub. <br />chapter; and, accordingly, the Act pro- <br />,ides that flood Insurance shall not be <br />Bold or renewed under the Program <br />unless a community has adopted ade- <br />Quate flood plain management regula- <br />tlons conslatent with criteria estab- <br />lished by the Administrator. <br />(bl This subpart sets forth the flood <br />plain management criteria required <br />for State.owned properties located <br />within specIal hazard areas Identlfled <br />by the Administrator. A State shall <br />satisfy such criteria as a condltlon to <br />the purchase of a Standard Flood fn- <br />surance Policy for a State-owned <br />structure or Its contents. or as a condi- <br />tion to the approval by the Adminis- <br />trator. pursuant to Part 15 of this sub- <br />chapter, of Its plan of sell-Insurance. <br /> <br />141 FR 4S075. Oct. 2S, 1076, Redeslgnstod at <br />U FR 31117. May 31. 1979. and amended at <br />48 FR 44552, Bept. 20, I9S3: 49 FR 4751, <br />Feb. 8, 19841 <br /> <br />. 60.12 Flood plain m.anagem~nt criteria <br />for State..owned propertlel in .peelal <br />hazard are... <br /> <br />(al The State shall comply with the <br />mlnlmum flood plain management cri. <br />terla set forth In t t 60.3. 60.4, and 60.5. <br />A State either shaJJ: <br /> <br />- <br /> <br />- <br /> <br />- <br /> <br />- <br /> <br />- <br /> <br />44 CFR Ch. I (10-1-90 Edition) <br /> <br />(1 I Comply with the flood plain <br />management requirements of all local <br />communities particIpating in the pro- <br />gram in which State-owned properties <br />are located; or <br />(21 Establish and enforce flood plain <br />management regulations which, at a <br />minimum. satisfy the criteria set forth <br />In Ii 60.3, 60.4, and 60.5. <br />(bl The procedures by which a state <br />government adopts and administers <br />flood plain lllanagement regulations <br />satisfying the criteria set forth In <br />It 60.3, 60.4 and 60.5 may vary from <br />the procedures by which local govern- <br />ments satisfy the crIteria. <br />(cl If any State-owned property Is lo- <br />cated in a non-participating local com- <br />munity, then the State shall comply <br />. with the requirements of paragraph <br />(al(2) of this section for the property. <br /> <br />U 60.13 Noncompliance. <br /> <br />If a State falls to submit adequate <br />flood plain management regulations <br />applicable to State-owned properties <br />pursuant to t 60.12 within six months <br />of the effective date of this regulation, <br />or fails to adequately enforce such reg- <br />ulations. the State shall be subject to <br />suspensive action pursuant to ~ 59.24. <br />Where the State falls to adequately <br />enforce its flood plain management <br />regulations, the Administrator shall <br />conduct a hearing before initiating <br />such suspensive action. <br /> <br />(41 FR 46975, Oct. 26, 1976. Redesignated at <br />44 FR 31177, May 31, 1979, and amended at <br />4S FR 44552, Sept, 29, 1983: 49 FR 4751. <br />Feb. 8, 10841 <br /> <br />Subpart C-Addltlonal Considerations <br />In Managing Flood-Prone. Muds- <br />lid. (I.... Mudflow}-Pron. and <br />Flood-R.lat.d Eroslon-Pron. <br />Areas <br /> <br />I 60.21 Purpose or this 8ubpart. <br />The purpose of this subpal't Is to en- <br />courage the formation and adoption of <br />overall comprehensive management <br />plans for flood-prone, mudsllde (I.e.. <br />Rludflow'-prone and flood-related ero- <br />sion-prone areas. While adoption by a <br />community of the standards In this <br />subpart is not mandatory, the commu- <br />nity shall completely evaluate these <br />standards. <br /> <br />270 <br /> <br />- <br /> <br />- <br /> <br />- <br /> <br />- <br /> <br />- <br /> <br />- <br /> <br />F.d.ral Em.rg.ncy Manag.m.nt Ag.ncy <br /> <br />I 60.22 . Plannlnl' coll81deratlon. for nood- <br />prone are... <br /> <br />(al The flood plain management reg- <br />ulatlons adopted by a community for <br />flood-prone areas should: <br />11 I Pennlt only that development of <br />flood-prone areas which (I) is appro- <br />prlateln light of the probability 01 <br />flood damage and the need to reduce <br />flood losSes, 1111 Is an acceptable social <br />and economic use of the land In rela- <br />tion to the hazards Involved, and <1111 <br />does not Increase the danger to human <br />life; <br />(21 Prohibit nonessential or Improp- <br />er installation of public utllltles and <br />public facllltles In flood-prone areas. <br />(bl In formulating community devel. <br />opment goals after the occurrence of a <br />flood disaster, each community shall <br />consider-- <br />(1) Preservation of the flood-prone <br />areas for open space purposes; <br />(21 Relocation of occupants away <br />from flood-prone areas: <br />(3) Acqulsltlon of land or land devel- <br />opment rights for public purposes con- <br />sistent with a policy of minimization <br />of future property losses; <br />(4) AcquisItion of frequently flood- <br />damaged structures; <br />(cl In formulating communlty devel- <br />opment goals and In adopting flood <br />plain management regulations, each <br />community shall consIder at least the <br />following factors- <br />01 Human safety; <br />(21 Diversion of development to <br />areas safe from flooding In light of the <br />need to reduce flood damages and In <br />light of the need to prevent environ- <br />mentally incompatible flood plain use; <br />(31 Full disclosure to all prospective <br />and Interested parties (Including but <br />not limited to purchasers and rcntersl <br />that (I) certain structures are located <br />within flood-prone areas, (III variances <br />have been granted for certain struc- <br />tures located within flood-prone areas, <br />and <IIll premium rates applied to new <br />structures bunt at elevations below <br />the base flood substantially Increase <br />as the elevation decreases: <br />(41 Adverse effects of flood plain de- <br />velopment on existing development; <br />(5) Encouragement of floodproofing <br />to reduce flood damage; <br />(6 I Flood warning and emergency <br />preparedness plans; <br /> <br />- <br /> <br />- <br /> <br />- <br /> <br />- <br /> <br />160.22 <br /> <br />(11 Provision for alternative vehicu- <br />lar access and escape routes when <br />nonnal routes are blocked or de- <br />stroyed by flooding; <br />(81 Establishment of mlnlmum flood- <br />proofing and access requirements for <br />schools. hospitals, nursing homes, or- <br />phanages, penal institutions. flre sta. <br />tlons. police statlons, communications <br />centers, water and sewage pumping <br />stations, and other public or quasi. <br />public facllltle9 already located In the <br />flood-prone area, to enable them to <br />withstand flood damage. and to faclll- <br />tate emergency operations; <br />(91 Improvement of local drainage to <br />control Increased runoff that might In, <br />crease the danger of flooding to othe, <br />properties: <br />001 Coordlnatlon of plans with <br />neighboring community's flood plalll <br />management programs; <br />o IJ The requirement that all ne.. <br />constructlon and substantlal Improve. <br />ments in areas subject to 8ubsidencf; <br />be elevated above the base flood level <br />~qual to expected subsidence for at <br />least a ten year period; <br />(12) For riverine areas, requlrinll <br />subdividers to furnish delineations fOI <br />floodways before approving a subdlvl, <br />sion; <br />(131 ProhIbition of any alteration 01 <br />relocation of a watercourse. except 8J <br />part of an overall drainage bssln plan <br />In the event of an overall dralnag, <br />basin plan. provide that the flood car <br />rylng capacity within the altered or re <br />located portion of the watercourse b <br />maintained; <br />041 ReqUirement of setbacks fOJ <br />new construction within Zones VI-30 <br />VE, and V on a community's FIRM; <br />1I51 Requirement of additional ele <br />vation above the base flood level fOl <br />all new construction and substantia: <br />Improvement.. within Zones AI-30, AE <br />VI-30. and VE on the community" <br />FIRM to protect against such occur <br />rences as wli,ve wash and fioatlm <br />debris, to provide an added margin 01 <br />safety against floods having a magnl <br />tude greater than the base flood, or t( <br />compensate for future urban develop <br />ment; <br />061 Requirement of consistency be <br />tween state, regional and local compre <br />henslve plans and flood plain manage <br />ment programs; <br /> <br />271 <br />