|
<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 />
|