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pt,6O . or renewed in those communities. Poli- cies sold or renewed within a commu- nity during a period of ineligibility are deemed to be voidable by the Adminis- trator whether or not the parties to sale or renewal had actual notice of the ineligibility. [41 FR 46968, Oct. 26. 1976. Redesignated at 44 FR 31177. May 31, 1979. and amended at 48 FR 44543 and 44552. Sept. 29. 1983: 49 FR 4751. Feb. 8. 1984; 50 FR 36023. Sept. 4. 1985; 57 FR 19540. May 7. 1992; 59 FR 53598. Oct. 25. 1994] I I . , I PART 6O-CRITERIA FOR LAND MANAGEMENT AND USE SUbpart A-RequIrem8nls tor Flood Plain Management ReguIalIons Sec. 60.1 Purpose of subpart. 60.2 Minimum compliance with flood plain . management criteria. 60.3 Flood plain management criteria for flood-prone areas. 60.4 Flood plain management criteria for mudslide (Le.. mudflow) -prone areas. 60.5 Flood plain management criteria for flood-related erosion-prone areas. 60.6 Variances and exceptions. 60.7 Revisions of criteria for flood plain management regulations. 60.8 Definitions. SUbpart B-Requirements tor S1ale Flood Plain Management Regulations 60.11 Purpose of this subpart. 60,12 Flood plain management criteria for State-owned properties in special hazard areas. 60.13 Noncompliance. Subpart C-AddiIionaI COllsideralions in Managing Flood-Prone, MudsIide CLe_. . MudIIow)-Prone. and FIood-ReIal8cl Erosion-Prone Ar8as . 60.21 Purpose of this subpart. 60.22 Planning considerations for flood- prone areas. 60.23 Planning considerations for mudslide (i.e.. mudflow)-prone areas. 60.24 Planning considerations for flood-re- lated erosion-prone areas. 60.25 Designation. duties. and responsibil- ities of State Coordinating Agencies. 60.26 Local coordination. AtlTBORlTY: 42 U.5.C. 4001 et seq.; Reorga- nization Plan No. 3 of 1978, 3 CFR, 1978 Comp" p. 329; E.O. 1.2127. 3 CPR. 1979 Comp.. p.376. ',\ \ "\ '\ 44 CFR Ch. I (llH-97 Edition) SOURCE: 41 FR 46975. Oct. 26. 1976. unless otherwise noted. Redesignated at 44 FR 31177. May 31. 1979. Subpart A-Requirements for Flood Plain Management Regulations t 60.1 Purpose of subpart. (a) The Act provides that Oood insur- ance shall not be sold or renewed under the program within a community, un- less the community has adopted ade- quate Oood plain -m"na.gement regula- tions consistent with Federal criteria. Responsibility for establishing such criteria is delegated to the Ad-m;n;!<- trator. (b) This subpart sets forth the cri- teria developed in accordance with the Act by which the Administrator will determine the adequacy of a commu- nity's Oood plain -management regula- tions. These regulations must be Ie- gally-enforceable, applied uniformly throughout the community to all pri- vately and publicly owned land within Oood-prone, mudslide (i.e., mudOow) or Oood-related erosion areas, and the community must provide that the reg- ulations take precedence over any less restrictive conflicting local laws, ordi- nances or codes. Except as otherwise provided in t60.6, the adequacy of such regulations shall be determined on the basis of the standards set forth in t 60.3 for Oood-prone areas, t60.4 for mudslide areas and t60.5 for Oood-related erosion areas. (c) Nothing in this subpart shall be construed as modifying or replacing the general requirement that all eligi- ble communities must take into ac- count Oood, mudslide (i.e., mudflow) and flood-related erosion hazards, to the extent that they are known, in all official actions relating to land man- agement and use. (d) The criteria set forth in this sub- part are minimum standards for the adoption of flood plain -management regulations by flood-prone, mudslide (i.e., mudOow)-prone and flood-related erosion-prone communities. .An.y com- munity may exceed the m;n;mum cri- teria under this part by adopting more comprehensive Oood plain man"gement regulations ut.;J;,.;ng the standards such as contained in subpart C of this 234 ,", .." ........... . . :", ~ :::..~.-....:. :-.::: '~:"'.::::' .