FLOOD08304

• County: Statewide
• Basin: Statewide
• Title: Federal Emergency Management Agency
• Date: 5/1/1998
• Prepared By: FEMA
• Floodplain - Doc Type: Historic FEMA Regulatory Floodplain Information

160.6

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base flood level increases risks to life
and property. Such notification shall
be maintained with a record of all vari-
ance actions as required in paragraph
(a)(6) of this section; and
(6) A community shall (i) maintain a
record of all variance actions, incl ud-
ing justification for their issuance, and
(ii) report such variances issued in its
annual or biennial report submitted to
the Administrator.
(1) Variances may be issued by a
community for new construction and
substantial improvements and for
other development necessary for the
conduct of a functionally dependent
use provided that (i) the criteria of
paragraphs (a)(l) through (a)(4) of this
section are met, and (ii) the structure
or other development is protected by
methods that minimize flood damages
during the base flood and create no ad-
ditional threats to public safety.
(b)(1) The requirement that each
flood-prone, mudslide (i.e., mudflow)-
prone, and flood-rel&ted erosion prone
community must adopt and submit
adequate flood plain management regu-
l&tions as a condition of initial and
continued flood insurance eligibility is
statutory and cannot be waived, and
such regulations shall be adopted by a
community within the time periods
specified in HIlO.3, 60.4 or SIlO.5. How-
ever, certain exceptions from the
standards contained in this subpart
may be permitted where the Adminis-
trator recognizes that, because of ex-
traordinary circumstances, local condi-
tions may render the application of
certain standards the cause for severe
hardship and gross inequity for a par-
ticular community. Consequently, a
community proposing the adoption of
flood plain management regulations
which vary from the standards set
forth in H60.3, 60.4, or S60.5. sball ex-
plain in writing to the Ailm;n;~trator
the nature and extent of and the rea-
sons for the exception request and shall
include sufficient supporting economic,
environmental, topographic. hydro-
logic, and other scientific and tech-
nical data, and data with respect to the
impact on public safety and the envi-
ronment.
(2) The Administrator shall prepare a
Special Environmental Clearance to
determine whether the proposal for an

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44 CFR Ch. I (10-1-97 EdItion)

exception under paragrapb (b)(l) of this
section will have significant impact on
the human environment. The decision
whether an Environmental Impact
Statement or other environmental doc-
ument will be prepared, will be made in
accordimce with the procedures set out
in 44 CFR part 10. Ninety or more days
may be required for an environmental
quality clearance if the proposed ex-
ception will bave significant impact on
the human environment thereby re-
quiring an EIS.
(c).A community may propose flood
plain management measures which
adopt standards for floodproofed resi-
dential basements below the base flood
level in zones Al~, An, AO, and AE
which are not subject to tidal flooding.
Nothwithstanding the requirements of
paragraph (b) of this section the Ad-
ministrator may approve the proposal
provided that:
(1) The community bas demonstrated
that areas of special flood baza.rd in
which basements will be permitted are
subject to shallow and low velocity
flooding and that there is adequate
flood warning time to ensure that all
residents are notified of impending
floods. For the purposes of this para-
graph flood charaCteristics must in-
clude:
(i) Flood depths that are five feet or
less for developable lots that are con-
tiguous to land above the base flood
level and three feet or less for other
lots;
(ii) Flood velocities that are five feet
per second or less; and
(iii) Flood warning times that are 12
hours or greater. Flood warning times
of two bours or greater may be ap-
proved if the community demonstrates
that it bas a flood warning system and
emergency plan in operation that is
adequate to ensure safe evacuation of
flood plain residents.
(2) The community bas adopted flood
plain manggement measures that re-
quire that new construction and sub-
stantial improvements of residential
structures with basements in zones Al-
30, An, AO, and AE sball:
(i) Be designed and built so that any
basement area, together with attend-
ant utilities and sanitary facilities
below the floodproofed design level. is

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