|
<br />-
<br />
<br />-
<br />
<br />-
<br />
<br />-
<br />
<br />A 60.2
<br />
<br />erosion-prone communities. Any com-
<br />munity may exceed the minimum cri-
<br />teria under this part by adopting more
<br />comprehensive flood plain manage.
<br />ment rellUlatlons utilizing the stand-
<br />ards such as contained In Subpart C of
<br />this part. In some Instances, communi-
<br />ty officials may have acce.. to infor-
<br />mation or knowledge of conditions
<br />that require, particularly for human
<br />safety, higher standards than the min-
<br />Imum criteria set forth In Subpart A
<br />of this part. Therefore, any flood plaJn
<br />management rellUlatlons adopted by a
<br />State or a community which are more
<br />restrictive than the criteria set forth
<br />In this part are encouraged and shall
<br />take precedence. .
<br />
<br />[U Fa 48816, Oct. 28. 1878. Redeslll1l&ted at
<br />U Fa 31177, May 31, 1878. and amended at
<br />4S Fa U553. Sept. 39. 1893; 48 Fa 4751,
<br />Feb. S, 18S4]
<br />
<br />. 60.2 Minimum compliance with flood
<br />plain RlBnagement criteria.
<br />
<br />la) A flood-prone community apply-
<br />Ing for flood Insurance eligibility shall
<br />meet the standards of '60.3Ia) In
<br />order to become eligible If a FHBM
<br />has not been issued for the community
<br />at the time of application. Thereafter,
<br />the community will be given a period
<br />of six months from the date the Ad-
<br />ministrator provides the data set forth
<br />In , 80.3 Ib), Ic), Id), or Ie) In which to
<br />meet the requirements of the applica-
<br />ble paragraph. If a community has re-
<br />ceived a FHBM, but has not yet ap-
<br />plied for Program eligibility, the com-
<br />munity shall apply for eligibility di-
<br />rectly under the standards set forth lu
<br />'80.3Ib). Thereafter, the community
<br />will be given a period of six months
<br />from the date the AdmlnJstrator pro.
<br />vldes the data set forth In '80.3 Ic),
<br />Id), or Ie) In which to meet the re-
<br />quirements of the applicable para.
<br />graph.
<br />(b) A mudsllde <1.e., mudflow).prone
<br />community applying for flood Insur-
<br />ance eligibility shall meet the stand-
<br />ards of '60.4Ia) to become ellgib]e.
<br />Thereafter, the community will be
<br />Biven a period of six months from the
<br />date the mudsUde (I.e., mudflow) areas
<br />having special mudsUde hazards are
<br />delineated In which to meet the reo
<br />qulrements of , GO.4Ib).
<br />
<br />-
<br />
<br />-
<br />
<br />-
<br />
<br />-
<br />
<br />-
<br />
<br />44 CFR Ch. I (10-1-90 Edition)
<br />
<br />Ic) A f1ood.related erosion-prone
<br />community applying for flood insur-
<br />ance eligibility shall meet the stand-
<br />ards of '80.5Ia) to become eligible.
<br />Thereafter, the community will be
<br />given a period of six months from the
<br />date the flood.related erosion areas
<br />having special eroston hazards are de-
<br />lineated in which to meet the require-
<br />ments of , 80.5Ib).
<br />Id) Communities Identified in Part
<br />85 of this subchapter as containing
<br />more than one type of hazard (e.g.,
<br />any combination of special flood.
<br />mudslide (i.e., mudflow), and flood-re-
<br />lated erosion hazard areas) shall adopt
<br />flood plain management regulations
<br />for each type of hazard consistent
<br />with the requirements of U 80.3, 80.4
<br />and 60.5,
<br />Ie) Local flood p]aIn management
<br />regulations may be submitted to the
<br />State Coordinating Agency designated
<br />pursuant to I 60.25 for its advice and
<br />concurrence. The submission to the
<br />State shall clearly describe proposed
<br />enforcement procedures.
<br />(n The conununity official responsi-
<br />ble for submitting annual or biennial
<br />reports to the Administrator pursuant
<br />to '59.22Ib)(2) of this subchapter
<br />shall also submit copies of each annual
<br />or biennial report to any State Coordi-
<br />nating Agency.
<br />(g) A community shal] assure that
<br />Its comprehensive plan Is consistent
<br />with the flood plain management ob-
<br />Jectives of this part.
<br />(h) The conununity shall adopt and
<br />enforce flood plain management regu-
<br />lations based on data provided by the
<br />Administrator. Without prior approval
<br />of the Administrator. the community
<br />shall not adopt and enforce flood plain
<br />management regulations based upon
<br />modified data reflecting 'riatural or
<br />man-made physical changes.
<br />[41 FR 46975, Oct. 26, 1976. Redesignated at
<br />4.4 FR 31177, May 31,1979, and amended at
<br />48 FR 29318, June 24. 1983; 48 FR. 44552,
<br />Sept. 29, 1983; 49 PH 4751. Feb. 8; 1984; 50
<br />FR 36024, Sept. 4, 1985]
<br />a 60.3 Flood plain management- criteria
<br />for Oood-prone areas.
<br />The Adminl.trator will provide the
<br />data upon which flood plain manage-
<br />ment regulations shall be based. If thf
<br />
<br />?RO
<br />
<br />-
<br />
<br />-
<br />
<br />-
<br />
<br />-
<br />
<br />-
<br />
<br />Federal Emergency Management Agoncy
<br />
<br />Administrator has not provided suffl.
<br />clent data to furnish a basis for these
<br />regulations in a particular community,
<br />the community shall obtain, review
<br />and reasonabiy utilize data available
<br />from other Federal, State or other
<br />sources pending receipt of data from
<br />the Administrator. However, when
<br />special flood hazard area designations
<br />and water surface elevations have
<br />been furnished by the Administrator.
<br />they shall apply. The symbols dcflning
<br />such special flood hazard designations
<br />are set forth In , 64.3 of this subchap.
<br />ter. In all cases the minimum require-
<br />ments governing the adequacy of the
<br />flood plain management regulations
<br />for flood-prone areas adopt~d by a
<br />particular community depend on the
<br />amount of technical data formally
<br />provided to the community by the Ad-
<br />ministrator. Minimum standards for
<br />communities are as follows:
<br />(a) When the Administrator has not
<br />defined the special flood hazard areas
<br />withln A commwdty. has not provided
<br />water surface elevation data, and has
<br />not provided sufficient data to Identify
<br />the floodway or coastal high hazard
<br />area, but the community has indicated
<br />the presence of such hazards by sub-
<br />mitting an application to participate
<br />In the Program, the community shali;
<br />(1) Require permits for all proposed
<br />construction or other development in
<br />the community, including the place-
<br />ment of manufactured homes, so that
<br />It may determine whether such con-
<br />struction or other development is pro-
<br />posed within flood-prone areas;
<br />(2) Review proposed development to
<br />assure that all necessary permits have
<br />been received from those governmen-
<br />tal agencies from which approval is re-
<br />Quired by Federal or State law, includ-
<br />ing section 404 of the Federal Water
<br />Pollution Controi Act Amendments of
<br />]972,33 U.S.C, 1334;
<br />(3) Review all permit applications to
<br />determine whether proposed building
<br />sites will be reasonably safe from
<br />flooding. If a proposed building site Is
<br />in a flood-prone area, all new construc-
<br />tion and, substantial Improvements
<br />shall <I) be designed (or modified) and
<br />adequately anchored to prevent flota.
<br />tion, collapse, or lateral movement of
<br />the structure resulting from hydrody-
<br />namic and hydrostatic loads. Incl uding
<br />
<br />-
<br />
<br />-
<br />
<br />-
<br />
<br />-
<br />
<br />-
<br />
<br />~60.3
<br />
<br />the effects of buoyancy, (\1) be con-
<br />structed with materials resistant to
<br />flood damage. (ill) be constructed by
<br />methods and practices that minimize
<br />flood damages, and <tv) be constructed
<br />with electrical, heating, ventilation,
<br />plumbing, and air conditioning equip-
<br />mer,t and other service facilities that
<br />are designed and/or located so as to
<br />prevent water from entering or accu-
<br />mulating within the components
<br />during conditions of flooding.
<br />(4) Review subdivision proposals and
<br />other proposed new development, in-
<br />cluding manufactured home parks or
<br />subdivisions, to determine whether
<br />such proposals wlli be reasonably safe
<br />from flooding. If a SUbdivision propos-
<br />al or other proposed new development
<br />Is In a flood. prone area. any such pro-
<br />posals shall be reviewed to assure that
<br />(1) all such proposals are consistent
<br />with the need to minimize flood
<br />damage within the flood-prone area,
<br />lill all publlc utilities and faciJItles,
<br />such as sewer I gas, electrical, and
<br />water systems are located and con.
<br />structed to minimize or eliminate
<br />flood damage, and (m) adequat.e drain.
<br />age is provided to reduce exposure to
<br />flood hazards;
<br />(5) Require within flood-prone areas
<br />new and replacement water supply
<br />systems to be designed to minimize or
<br />eliminate infiltration of flood waters
<br />into the systems; and
<br />(6) Require within flood-prone areas
<br />(I> new and replacement sanitary
<br />sewage systems to be designed to mini-
<br />mize or eliminate Infiltration of flood
<br />waters into the systems and discharges
<br />from the systems Into flood waters
<br />and (Ii) onslte waste disposal systems
<br />to be located to avoid impairment to
<br />them or contamination from them
<br />during flooding.
<br />(b) When the Administrator has des-
<br />Ignated areas of special flood hazards
<br />(A zones) by the publication of a com-
<br />munity's FHBM or FIRM, but has nei.
<br />ther produced water surface elevation
<br />data nor identified a floodway or
<br />coastal high hazard area. the commu-
<br />nity shall;
<br />, 11) Require permits for all proposed
<br />construction and other developments
<br />including the placement of manufac-
<br />tured homes. within Zone A on the
<br />conununity's PRBM or FIRM;
<br />
|