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559.2 . above ground and affixed to a perma- nent site, as well as a manufactured home on a permanent foundation. For the latter purpose, the term includes a building while in the course of con- struction, alteration or repair, but does not include building materis.l5 or sup- plies intended for use in such construc- tion, alteration or repair, unless such materis.l5 or supplies are within an en- closed building on the premises. SubBidized rates mean the rates estab- lished by the Atlmini"trator involving in the aggregate a subsidization by the Federal Government. Substantial damage means tlSLmA.ge of any origin sustained by a structure whereby the cost of restoring the structure to its before tlSLmA.ged condi- tion would equal or exceed 50 percent of the market value of the structure before the tlSLma,ge occurred. Substantial improvement means any re- construction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construc- tion" of the improvement:-This term includes structures which have in- curred "substantial tlSLm&.ge", regard- less of the actual repair work per- formed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code en- forcement omcial and which are the minimum necessary to assure safe liv- ing conditions or (2) Any alteration of a "historic structure" , provided that the alter- ation will not preclude the structure's continued designation as a "historic structure" . 3o-year setback means a distance equal to 30 times the average annual long term recession rate at a site, measured from the reference feature. Tech7lica.l11l i7lCOTTect. The methodol- ogy(ies) utilized has been erroneously applied due to mathematical or meas- urement error, ch.a.nged physical condi- tions, or insufficient quantity or qual- ity of input data. V Zone-see "coastal high hazard area. " . - . 44 CFR Ch. I (llH-97 Edition) '. . Variance means a gTa.nt of relief by a community from the terms of a Dood plain manA.gement regulation. Violation means the failure of a struc- ture or other development to be fully compliant with the community's Dood plain mSLnA.gement regulations. A structure or other development with- out the elevation certificate, other cer- tifications, or other evidence of com- pliance required in i60.3(b)(5), (C)(4), (c)(10), (d)(3), (e)(2). (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is pro- vided. Water surface elevation means the height, in relation to the National Geo- detic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of Doods of various magnitudes and fre- quencies in the flood plains of coastal . or riverine areas. Zcm.e of imminent collapse means an area SUbject to erosion adjacent to the shoreline of an ocean, bay, or lake and within a distance equal to 10 feet plus 5 times the average annual long-term erosion rate for the site, measured from the reference feature. [41 FR 46968, Oct. 26. 1976] EDITOIlIAL NOTE: For FEDERAL REGISTER ci- tations affecting S59.1. see the List of Sec- tions Affected, in the Finding Aids section of this volume. f 58.2 Description of program. (a) The National Flood Insurance Act of 1968 was enacted by title xm of the Housing and Urban Development Act of 1968 (Pub. L. 9G-448, August I, 1968) to llrovide previously unavailable Dood insurance protection to property own- ers in Dood-prone areas. Mudslide (as defined in S59.1) protection was added to the Program by the Housing and Urban Development Act of 1969 (Pub. L. 91-152, December 24, 1969). Flood-relat- ed erosion (as defined in S 59.1) protec- tion was added to the Program by the Flood Disaster Protection Act of 1973 (Pub. L. ~234, December 31, 1973). The Flood Disaster Protection Act of 1973 requires the purchase of flood insur- ance on and after March 2. 19'14, as a condition of receiving any form of Fed- eral or federally-related financial as- sistance for acquisition or construction purposes with respect to insurable buildings and mobile homes within an .... . ". " "..:".::.:...::." ..": ""." " . 228