FLOOD09627

• County: Statewide
• Basin: Statewide
• Title: National Flood Insurance Program
• Date: 10/1/1990
• Prepared By: FEMA
• Floodplain - Doc Type: Historic FEMA Regulatory Floodplain Information

lited to a lot size less than one-half
ce (a.s set forth in paragraph (a)(2)
this section), deviations from that
litation may occur. However, as the
, size increases beyond one-half acre,
e technical justification required for
uing a variance increases. The Ad-
nistrator may review a conununity's
,dings justifying the granting of var-
ices, and if that review indicates a
ttem inconsistent with the objec-
es of sound flood plain manage-
,nt, the Administrator may take ap-
Jpriate action under ! 59.24(b) of
ls subchapter. Variances may be
ued for the repair or rehabilitation
historic structures upon a determi-
tiOD that the proposed repair or re-
bilitation will not preclude the
ucture's continued designation as a
itaric structure and the variance is
~ minimum necessary to preserve
, historic character and design of
e structure. PrDcedures for the
mting of variances by a conununity
~ as follows:
1) Variances shall not be issued by a
nmunity within any designated reg-
~tory floodway if any increase in
od levels during the ba.se flood dis-
a.rge would result;
2) Variances may be issued by a
nmunity for new construction and
Jstantial improvements to be ereet-
on a lot of one-half acre or less in
e contiguous to and surrounded bY
s with existing structures construct.
below the base flood level. in con-
mance with the procedures of para-
,phs (a) (3), (4), (5) and (6) of this
~tion;
3) Variances shall only be issued bY
community upon (1) a showing of
Jd and sufficient cause, (ill a deter-
nation that failure to grant the
~iance would result in exceptional
rdship to the appllcant, and (Iii) a
ermination that the granting of a
iance will not result "in increased
d heights, additional threats to
lie safety. extraordinary public ex-
e, create nuisances, cause fraud
or victimization of the publlc, or
ict with existing local laws or Of-
ances;
) Variances shall only be issued
n a determination that the vari-
e is the minimum necessary, con-

sidering the flood hazard, to afford
rellef;
(5) A community shall notify the ap-
pllcant in writing over the signature of
a community official that (i) the issu-
ance of a variance to construct a struc-
ture below the base flood level wlll
result in increased premium rates for
flood insurance up to amounts as high
a.s $25 for $100 of Insurance coverage
and (Ii) such construction below the
ba.se flood level increa.ses risks to Ilfe
and property. Such notification shall
be maintained with a record of all
variance acUons as required in para-
graph (a)(6) of this section; and
(6) A community shall (!) maintain a
record of all variance actions. includ-
ing justification for their issuance, and
(ii) report such variances issued In its
annual or biennial report submitted to
, the Administrator.
(7) 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 (!) the criteria of
paragraphs (a)(1) through (a)(4) of
this section are met, and (11) the struc-
ture or other development is protected
by methods that minimize flood dam-
ages during the base flood and create
no additional threats to publlc safety.
(b)(1) The requirement that each
flood-prone, mudsllde <I.e., mudflow)-
prone. and flood-related erosion prone
community must adopt and submit
adequate flood plain management reg-
ulations as a condition of initial and
continued flood insurance ellgibility is
statutory and cannot be waived, and
such regulations shall be adopted by a
community within the time periods
specified in !! 60.3, 60.4 or ! 60,5. H9W-
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 appllcation 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 !! 60.3, 60.4, or 160.5, shall
explain in writing to the Administra-

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