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Federal Emergency Management Agency does not include bulldlng materials or supplies Intended for use In such con- struction, alteration or repair. unless such materials or supplies are within an enclosed building on the premises. "Subsidized rates" mean the rates established by the Administrator in- volving In the aggregate a subsldiza. tlon by the Federal Government. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restor- Ing the structure to its before dam- aged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. "S.ubstantial improtJement" means any reconstruction, rehabilitation, ad- dition, or other improvement of a structure. the cost of which equals or exceeds 50 percent of the market value of the structure before the ..start of construction" of the improve- ment. This term includes structures which have incurred "substantial damage". regardless of the actual repair work performed. The tenn does not, however, include either:" (1) Any project for Improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code en. forcement official and which are the minimum necessary to assure safe living conditions or (2) Any alteration of a "historic structure", provided that the alter~ ation will not preclude the structure's continued designation as a "historic structure" . "30-year setback" means a distance equal to 30 times the average annual long tenn recession rate at a site, measured from the reference feature, "Technically incorrect". The methodology(ies) utilized has been er- roneously applied due to mathemati- calor measurement error, changed physical conditions, or Insufficient quantity or quality of input data, <IV Zone"-see "coastal high hazard area." uVariance" means a grant of relief by a conununity from the terms of a flood plain management regulation. "Violation" means the failure of a structure or other development to be fully compliant with the conununity's ~59.2 flood plain management regulations. A structure or other development with- out the elevation certificate, other cer- tifications, or other evidence of com- pliance required in i 60.3(b)(5). (c)(4). (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) Is presumed to be in violation until such time as that documentation Is provid- ed, "Water surface elevation" means the height. in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum. where speci- fied) of floods of various magnitudes and frequencies In the flood plains of coastal or riverine areas. UZone of imminent collapse" means an area subject to erosion adjacent to the shoreline of an ocean, bay, or lake and within a distance equal to 10 feet plus 5 times the average annual long- term erosion" rate for the site, meas~ ured from the reference feature. [41 F'R 46968. Oct. 26. 1976J EDITORIAL NOTE: For FEDER.J\L REGISTER ci- tations affecting ~ 59.1, see the lAst of Sec- tions Affected in the Finding Aids section of this volume. 6 59.2 Description of program. (a) The National Flood Insurance Act of 1968 was enacted by Title XIII of the Housing and Urban Develop- ment Act of 1968 (Pubo L. 90-448, August I, 1968) to provide previously unavailable flood insurance protection to property owners in flood-prone areas. Mudslide (as defined In i 59.1) protection was added to the Program by the Housing and Urban Develop. ment Act of 1969 (Pub. L. 91-152, De. cember 24, 1969). Flood-related erosion (as defined In i 59.1) protection w", added to the Program by the Flood Disaster Protection Act of 1973 (Pub, L. 93-234, December 31. 1973), Th. Flood Disaster Protection Act of 1970 requires the purchase of flood insur, ance on and after March 2. 1974, as a condition of receiving any form oj Federal or federally-related financia: assistance for acquisition or con,struc" tion purposes with respect to insurablE buildings and mobile homes within ar identified special flood. mudslide (I.e. mudflow), or flood-related erosior hazard area that Is located within an] community participating in the Pro 253