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

Pt. 61. App. A(1)

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structure. covered by a contract for nood in-
surance issued pursuant to the Act. that has
incurred flood-related damage on 2 occasions
during a la-year period ending on the date of
the event for which a second claim is made.
in which the cost of repairing the flood dam-
age. on the average. equaled or exceeded 25%
of the market value of the structure at the
time of each such flood event. In addition to
the current claim. the National Flood Insur-
ance Program must have paid the 'previous
qualifying claim. and the State or commu-
nity must have a cumulative. substantial
.damage provision or repetitive loss provision
in its flood plain management law or ordi-
nance being enforced against the structure:
or
2. Be a structure that has had flood damage
in which the cost to repair equals or exceeds
50% of the market value of the structure at
the time of the flood event. The State or
community must have a substantial damage
provision in its floodplain management law
or ordinance being enforced against the
structure.
This Coverage D will not pay for Increased
Cost of Compliance to meet State or commu-
nity floodplain management laws or ordi-
nances which exceed the minimum criteria
at 44 CFR 60.3. except as provided in 1. above
or a. or b. as follows:
a. elevation or floodproofing in any risk
zone to preliminary or advisory base flood
elevations provided by FEMA which the
State or local government has adopted and is
enforcing for flood-<lamaged structures in
such areas. (This includes compliance activi-
ties in B. C, X. or D zones which are being
changed to zones with base flood elevations.
This also includes compliance activities in
zones where base flood elevations are being
increased. and a flood-da.ma.ged structure
must comply with the higher advisory base
flood elevation.) Increased Cost of Compli-
ance coverage does not respond to situations
in B. C. X. or D zones where the community
. has derived its own elevations and is enforc-
ing elevation or floodproofmg requirements
for flood-clamaged structures to elevations
derived solely by the community.
b. elevation or floodproofing above the
base flood elevation to meet State or local
"freeboard" requirements. i.e.. that a struc-
ture must be elevated above the base flood
elevation.
Under the minimum NFIP criteria at 44
CFR 60.3(b)(4). States and communities must
require the elevation or floodproofing of
structures in unnumbered A zones to the
base flood elevation where elevation data are
obtained from a Federal. State. or other
source. Such compliance activities are also
eligible for this Coverage D.
This coverage will also pay for the incre-
mental cost. after demolition. or relocation,
of elevating or floodproof'mg a structure dur-
ing its rebuilding at the same or another site

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44 CFR Ch. I 00-1-97 Edition)

to meet State or local noodplain manage-
ment laws or ordinances. subject to Exclu-
sion (7).
This coverage will also pay to bring a
flood-damaged structure into compliance
with State or local floodplain management
laws or ordinances even if the structure had
received a variance before the present loss
from the applicable floodplain management
requirements.
Conditions
(1) When a structure covered under Cov-
erage A-Building Property-sustains a loss
caused by a "flood" as defIned by this policy.
our payment for the loss under this Coverage
D will be for the increased cost to elevate.
floodproof. relocate. demolish. or any com-
bination thereof. caused by enforcement of
current State or local floodplain manage-
ment ordinances or laws. Our payment for el-
igible demolition activities will be for the
cost to demolish and clear the site of the
building or a portion thereof caused by en-
forcement of current State or local flood-
. plain management ordinances or laws. Eligi-
ble activities for the cost of clearing the site
will include those necessary to discontinue
utility service to the site and ensure proper
a.bandonment of on-site utilities.
(2) When the building is repaired or rebuilt.
it must be intended for the same occupancy
as the present building unless otherwise re-
quired by current floodplain management or-
dinances or laws.
&elusions
Under this Coverage D (Increased Cost of
Compliance), IDe will not pay fOT:
(1) The cost associated with enforcement of
any floodplain management ordinance or law
in communities participating in the Emer-
gency Program.
(2) The cost associated with enforcement of
any ordinance or law that requires any in-
sured or others to test for. monitor. clean up.
remove. contain. treat. detoxify or neutral-
ise. or in any way respond to. or a.ssess the
effects of pollutants. Pollutants include but
are not limited to any solid. liquid. gasellw;
or thermal irritant or contaminant. includ-
ing smoke. vapor. soot, fumes. a.cid. alkalis,
chemicals and waste. Waste includes but is
not limited to materials to be recycled. re-
conditioned or reclaimed.
(3) The loss in value to any covered build-
ing or other structure due to the require-
ments of any ordinance or la.w.
(4) The loss in residual value of the
undamaged portion of a building demolished
as a consequence of enforcement of any
State or local floodplain management law or
ordinance.
(5) Any increased cost of compliance under
this Coverage D:
(a) Until the covered building is actually
elevated. floodproofed. demolished or relo-
cated on the same or to another premises:
and

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