FLOOD08304 - Laserfiche WebLink

Home Browse Search

Federel Emergency Monogement Agency ." .... identified special flood, mudslide (Le., mudflow), or flood-related erosion haz- ard area that is located within any community participating in the Pro- gram. The Act also requires that on and after July 1, 1975, or one year after a community has been formally noti- fied by the Administrator of its identi- fication as community containing one or more special flood, mudslide (Le., mudflow), or flood-related erosion haz- ard areas. no such Federal financial as- sistance, shall be prOVided within such an area unless the community in which the area is located is then participat- ing in the Program, subject to certain exceptions. See FIA published Guide- lines at ~ 59.4(c). (b) To qualify for the sale of feder- ally-subsidized flood insurance a com- munity must adopt and submit to the Administrator as part of its applica- tion, flood plain management regula- tions, satisfying at a minimum the cri- teria set forth at part 60 of this sub- chapter, designed to reduce or avoid fu- ture flood, mudslide (Le., mudflow) or flood-related erosion damages. These regulations must include effective en- forcement provisions. (c) Minimum requirements for ade- quate flood plain management regula- tions are set forth in ~ 60.3 for flood- prone areas, in ~60.4 for mudslide (Le., mudflow) areas and in ~60.5 for flood- related erosion areas. Those applicable requirements and standards are based on the amount of technical informa- tion available to the co=unity. [41 FR 46968. Oct. 26, 1976. as amended at 43 FR 7140. Feb. 17, 1978. Redesignated at 44 FR 31lTI. May 31. 1979. and amended at 48 FR 44552. Sept. 29. 1983: 49 FR 4751. Feb. 8. 19841 t 59.3 Emergency program. The 1968 Act required a risk study to be undertaken for each community be- fore it could become eligible for the sale of flood insurance. Since this re- quirement resulted in a delay in pro- viding insurance, the Congress, in sec- tion 408 of the Housing and Urban De- velopment Act of 1969 (Pub. L. 91-152. December 24, 1969), established an Emergency Flood Insurance Program as a new section 1336 of the National Flood Insurance Act (42 U.S.C. 4056) to permit the early sale of insurance in flood-prone communities. The emer- ~59.4 gency prog::-am does not affect the re- quirement that a community must adopt adec,uate flood plain manage- ment regull.tions pursuant to part 60 of this subcha.pter but permits insurance to be sold before a study is conducted to determine risk premium rates for the community. The program still re- quires upon the effective date of a FIRM the charging of risk premium rates for all new construction and sub- stantial improvements and fDr higher limits of coverage for existing struc- tures. [43 FR 7140. Feb. 17. 1978. Redesignated at 44 FR 311TI. Ma.y 31. 1979. and amended at 48 FR 44543. Sept. ~9. 1983] t 59,4 Ref"rences. (a) The following are statutory ref- erences fo:r the National Flood Insur- ance Program. under which these regu- lations are issued: (1) National Flood Insurance Act of 1968 (title XIII of the Housing and Urban Development Act of 1968), Pub. L. 00--448, approved August I, 1968, 42 U.S.C. 4001 et seq. (2) Housing and Urban Development Act of 1969 (Pub. L. 91-152. approved De- cember 24, 1969). (3) Flood Disaster Protection Act of 1973 (87 Stat. 980), Public Law 93-234, approved December 31, 1973. (4) Section 816 of the Housing and Communi1;y Development Act of 1974 (87 Stat. 975), Public Law 93-383, ap- proved August 23, 1974. (5) Public Law 5-128 (effective Octo- ber 12, 1977). (6) The :.bove statutes are included in 42 U.S.C. 'tOOl et seq. (b) The following are references rel- evant to 'the National Flood Insurance Program: (1) Executive Order 11988 (Floodplain Management, dated May 24,1977 (42 FR 26951, May 25, 1977)). (2) The Flood Control Act of 1960 (Pub. L. 86-&15). (3) Title n, section 314 of title m and section 406 of title IV of the Disaster Relief Act of 1974 (Pub. L. 93--288). (4) Coa.stal Zone Management Act (Pub. L. 92-583). as amended Public Law 94-3~'O. (5) Water Resources Planning Act (Pub. L. 69-90), as amended Public Law 94-112 (Ol:tober 16, 1975). . . . . 229