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Federal Emergency Managemenl Agency flood-related erosion hazards or other- wise aggravate the existing flood-relat- ed erosion hazard; and (3) If a proposed improvement is found to be in the path of flood-related erosion or to increase the erosion haz- ard, require the improvement to be re- located or adequate protective meas- ures to be taken which will not aggra- vate the existing erosion hazard. (b) When the Administrator has de- lineated Zone E on the community's FIRM, the community shall (1) Meet the requirements of para- graph (a) of this section; and (2) Require a setback for all new de- velopment from the ocean, lake, bay, riverfront or other bOdy of water, to create a safety buffer consisting of a natural vegetative or contour strip. This buffer will be designated by the Administrator according to the flood- related erosion hazard and erosion rate, in conjunction with the antici- pated "useful life" of structures, and depending upon the geolOgiC. hydro- logic, topographic and climatic charac- teristics of the community's land. The buffer may be used for suitable open space purposes, such as for agricul- tural, forestry, outdoor recreation and wildlife habitat areas, and for other ac- tivities using temporary and portable structures only. [41 FR 46975. Oct. 26. 1976. Redesignated at 44 FR 31177. May 31. 1979. as amended at 48 FR 44552. Sept. 29. 1983: 49 FR 4751. Feb. 8. 19841 ~60.6 Variances and exceptions. (a) The Administrator does not set forth absolute criteria for granting variances from the criteria set forth in ~~60.3, 60.4, and 60.5. The issuance of a variance is for flood plain management purposes only. Insurance premium rates are determined by statute accord- ing to actuarial risk and will not be modified by the granting of a variance. The community. after examining the applicant's hardships, shall approve or disapprove a request. While the grant- ing of variances generally is limited to a lot size less than one-half acre (as set forth in paragraph (a)(2) of this sec- tion), deviations from that limitation may occur. However, as the lot size in- creases beyond one-half acre, the tech- nical justification required for issuing a variance increases. The Adminis- S60.6 trator may re\'iew a comm~Lnity's find- ings justifying the gyanting of variances. and if that re\'iew indicates a pattern inconsistent with the objec- tives of sound flood plain management, the Administrator may l;a.ke appro- priate action under ~ 59.2'1(t,) of this subchapter. Variances may be issued for the repair or rehabili t;Ltion of his- toric structures upon a dE>termination that the proposed repair or rehabilita- tion will not preclude thu structure's continued designation as. a historic structure and the variance is the mini- mum necessary to preservE! the historic cha.ra.cter and design of tile structure. Procedures for the I~ting of variances by a community are as fol- lows: (1) Variances shall not be issued by a community within any dE:signated reg- ulatory floodway if an;y increase in flood levels during the base flood dis- charge would result; (2) Variances may be issued by a community for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood levE,I, in conform- ance with the procedures of pa.ragra.phs (a) (3), (4), (5) and (6) of this section; (3) Variances shall only be issued by a community upon (i) a showing of good and sufficient cause. (Ii) a deter- mination that failure to grant the vari- ance would result in exceptional hard- ship to the applicant, and (iii) a deter- mination that the granting of a vari- ance will not result in increased flood heights, additional threats to pUblic safety, extraordinary llUblic expense, create nuisances, cause fraud on or vic- timization of the public. or conflict with existing local laws; or ordinances; (4) Variances shall only be issued upon a determination that the variance is the minimum necessaxy, conSidering the flood hazard, to afford relief; (5) A community shall notify the ap.- plicant in writing over the signature of a community officia.l that (i) the issu- ance of a variance to construct a struc- ture below the base flo od level will re- sul t in increased pre::ni um rates for flood insurance up to lLmounts as high as $25 for Sloo of insurance coverage and (il) such constru,~tion below the " ......:. ...... , . 243