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

Federal Emergency Management Agency

with State or 10Clll floodplain management
laws or ordinances even if the structure had
received & variance before the present loss
from the applicable floodplain management
requirements.
Conditions
(l) When a structure covered under Cov-
erage A-Building Property-sustalns a loss
caused by a "flood'- as defined by this policy.
our Jl&yment 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 or
current State or local floodplain manage-
ment ordinances or laws. OUr Jl&yment 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 loca.l nood-
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.
Ezclusions
Under this CoveTage D (Increased Cost of
Compliance). we lDill 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-
ize. or in any way respond to. or assess the
effects of pollutants. Pollutants include but
are not limited to any solid. liquid. gaseous
or thermal irritant or cont.sam;nAnt. includ.
ing smoke. vapor. soot. fumes. acid. alkalis.
chemicais and waste. Waste includes but is
not limited to materials to be recycled. re-
conditioned or recla.i1ned.
(3) The loss in value to any covered build-
ing or other structure due to the require-
ments of any ordinance or law.
(4) The loss in residual value of the
undamaged portion of a building demolished
as a consequence of enforcement of any
State or local noodplain 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
(b) Unless the covered building is elevated.
fioodproofed. demolished. or relocated as
soon as reasonably possible after the loss.
not to exceed two years.

pt. 61, App. A(2)

(6) For any code upgrade requirements.
e.g.. plumbing or electrical Wiring. not spe-
cifically related to the State or local flood-
plain management law or ordin..nce.
('7) For any compliance actiVit,ies needed to
bring additions or Improvemenl;s made after
the loss occurred into complian"e with State
or local floodplain management laws or ordi-
nances.
(8) Loss due to any ordinancll or law that
you were required to comply w',th before the
current loss.
(9) For any rebuilding activity to stand-
ards that do not meet the NFIP's minimum
requirements. This includes ,cny situation
where the insured has receh'ed from the
State or community a varianl:e in connec-
tion with the current flood loss to rebuild
the property to an elevation below the base
flood elevation.
(10) For any structure insured under a
Group Flood Insurance Policy issued pursu-
ant to 44 CFR 61.17.
Other FTovisions
(1) Increased Cost of Compliance coverage
will not be included in the calculation to de-
termine whether coverage meets the 80% in-
surance-to-value requirement for payment
under Article 3.B.3 for loss from land subsid-
ence. sewer backup. or seepage of water.
(2) All other conditions and provisions of
the policy apply.

Article 5-Special Provisions 'lpplicable to
Coverages A, B. and C

A. This policy is not a valued policy. Loss
will be paid. provided the m..ured has pur-
Chased a sufficient amount of coverage. i.e..
in an amount equal to the lesser of the value
of the da.m&ged property under the terms and
conditions Of this policy (and regardless of
whether the amount of insurance purchased
is greater than such value) or the limit of
coverage permitted under the ,tct.
B. InsuTed FTOPeTtY. Covered Locations. The
building and personal property are covered
while the property is located: ...
1. At the property address shown on the ap-
plication; and
2. For 45 days at anothe:r place above
ground level or outside of the special hazaTd
area. to which any of the insured property
shall necessarily be removed in order to pro-
tect and preserve it from flood. due to the
imminent danger of flood (Provided. personal
property so removed must t.. placed in a
fully enclosed building or otll,erwise reason-
ably protected from the elenlents to be in-
sured against loss). in which case the reason-
able expenses incurred by the Insured. in-
cluding the value of its own labor at prevail-
ing Federal minimum wage ",.tes. in moving
any of the insurad propert,y temporarily
away from the peril of flood shall be reim-
bursed in an amount not to exceed S5OO.oo.
This policy's deductible amowlts. as provided
for at Article 7, shall not be applied to this

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