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Fede.al Eme.gency M..nagement Agency (e) Certification requirements. Dat.a submitt.ed to support that a given levee system complies with the struc. tural requirements set forth In para- graphs (b)(1) t.hrough (7) of t.his sec- tion must. be certified by a reglst.ered professional engineer. Also, certified as-built plans of the levee must be sub- mitted. Certifications are subject to the definition given at I 65.2 of this subchapter. In lieu of these structural requirements, a Federal agency with responsiblllty for levee design may cer- tify that the levee has been adequate- ly designed and constructed to provide protection against the base flood. [51 FR 30316, Aug. 25. 19861 Ii 65.11 Evaluation of sand dunes in map~ ping coastal flood. hazard areas. (a) General conditions. For purposes of the NFIP, FEMA will consider storm-induced dune erosion potential In Its determination of coastal flood hazards and risk mapping effortso The criterion to be used In the evaluation of dUlie erosion will apply to primary frontal dunes as defined In I 59.1, but does not apply to IUtlflcially designed and constructed dunes that are not weli-est"bllshed with 10ng-sl'lUldlng vegetative cover, such as the place- ment of sand materials In a dune. like formation. (b) Evaluation criterion. Primary frontal dunes will not be considered as effective barriers to base flood storm surges and associated wave action where the cross-sectional area of the primary frontal dune, as measured perpendicular to" ,theushorellneand. above the 100.year stillwater flood ele. vation and seaward of the dune crest. Is equal to, or less than, 540 square feet. Ic) Exceptions. Exceptions to the evaluation criterion may be granted where it can be demonstrated through authoritative historical documentation that the primary frontal dunes at a specific site withstood previous base flood stann surges and associated wave action. (53 FR 16279, May 6, 19881 ~65.12 g 65.12 Revision of flood Insurance rate maps to reflect base flood elevations caused by proposed encroachments. (a) When a community proposes to permit encroachments upon the flood plain when a regulatory f100dway has not been adopted or to pennlt en. croachments - upon an adopted regula- tory f100dway which will cause base flood elevation Increases In excess of those permitted under paragraphs Ic)I1O) or (d)(3) of 160.3 of this sub- chapter, the community shall apply to the Administrator for conditional ap- proval of such action prior to permit. tlng the encroachments to occur and shall submit the following as part of Its application: (1) A request for conditional approv. al of ma,p Change and the appropriate initial fee as specified by I 7203 of this subchapter or a request for exemption 'from fees as specified by I 7205 of this subchapter, whichever is appropriate; (2) An evaiuatlon of alternatives which would not result in a. base flood elevation Increase above that pennlt- ted under paragraphs (c)(10) or (d)13) of ~ 60.3 of this subChapter demon- strating why these alternatives are not feasible: (3) Documentation of individual legal notice to all Impacted property owners within and outside of the com- munity, explaining the Impact of the proposed action on their property. (4) Concurrence of the Chief Execu. tlve Officer of any other com.'lllmlties Impacted by the proposed actions; (5) Certification that no structures are located in areas which would be Impacted by the Increased base flood elevation; (6) A request for revision of base flood elevation determination accord- ing to the provisions of I 65.6 of this part; (7) A request for floodway revision ill accordance with the provisions of ~ 65.7 of this part; Ib) Upon receipt of the Administra- tor's conditional approval 'of map 'Jhange and prior to approving the pro- posed encroachments, a commuruty shall provide evidence to the Admlnls. trator of the adoption of flood plain management ordinances incorporating the Increased base flood elevations 361