44 Cfr 59.22

44 CFR 59.22.pdf

Effectiveness of a Community's Implementation of the NFIP Community Assistance Program CAC and CAV Reports

44 CFR 59.22

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44 CFR 59.22 - Prerequisites for the sale of flood insurance. - Code of Federal Regulations - Title 44: Emergency Management and Assistance - vLex

44 CFR 59.22 - Prerequisites for the sale of flood
insurance.
Code of Federal Regulations - Title 44: Emergency Management and Assistance
(December 2005)
Linked as:

http://cfr.vlex.com/vid/59-22-prerequisites-sale-flood-insurance-19832374

Text
TITLE 44 - EMERGENCY MANAGEMENT AND ASSISTANCE
CHAPTER I - FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY
SUBCHAPTER B - INSURANCE AND HAZARD MITIGATION
PART 59 - GENERAL PROVISIONS
subpart b - ELIGIBILITY REQUIREMENTS
59.22 - Prerequisites for the sale of flood insurance.
(a) To qualify for flood insurance availability a community shall apply for the entire area within its
jurisdiction, and shall submit: (1) Copies of legislative and executive actions indicating a local need for
flood insurance and an explicit desire to participate in the National Flood Insurance Program; (2)
Citations to State and local statutes and ordinances authorizing actions regulating land use and copies of
the local laws and regulations cited; (3) A copy of the flood plain management regulations the
community has adopted to meet the requirements of 60.3, 60.4 and/or 60.5 of this subchapter. This
submission shall include copies of any zoning, building, and subdivision regulations, health codes, special
purpose ordinances (such as a flood plain ordinance, grading ordinance, or flood-related erosion control
ordinance), and any other corrective and preventive measures enacted to reduce or prevent flood,
mudslide (i.e., mudflow) or flood-related erosion damage; (4) A list of the incorporated communities
within the applicant's boundaries; (5) Estimates relating to the community as a whole and to the flood,
mudslide (i.e., mudflow) and flood-related erosion prone areas concerning: (i) Population; (ii) Number
of one to four family residences; (iii) Number of small businesses; and (iv) Number of all other
structures.

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(6) Address of a local repository, such as a municipal building, where the Flood Hazard Boundary Maps
Paying Flood
(FHBM's) and Flood Insurance Rate Maps (FIRM's) will be made available for public inspection; (7) A
Insurance?
summary of any State or Federal activities with respect to flood plain, mudslide (i.e., mudflow) or floodForced to buy
related erosion area management within the community, such as federally-funded flood control projects
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and State-administered flood plain management regulations; (8) A commitment to recognize and duly
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evaluate flood, mudslide (i.e., mudflow) and/or flood-related erosion hazards in all official actions in the
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areas having special flood, mudslide (i.e., mudflow) and/or flood-related erosion hazards and to take
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such other official action reasonably necessary to carry out the objectives of the program; and (9) A
commitment to: (i) Assist the Administrator at his/her request, in his/her delineation of the limits of the
areas having special flood, mudslide (i.e., mudflow) or flood-related erosion hazards; (ii) Provide such information concerning present uses and occupancy of
the flood plain, mudslide (i.e., mudflow) or flood-related erosion areas as the Administrator may request; (iii) Maintain for public inspection and furnish upon
request, for the determination of applicable flood insurance risk premium rates within all areas having special flood hazards identified on a FHBM or FIRM, any
certificates of floodproofing, and information on the elevation (in relation to mean sea level) of the level of the lowest floor (including basement) of all new or
substantially improved structures, and include whether or not such structures contain a basement, and if the structure has been floodproofed, the elevation (in
relation to mean sea level) to which the structure was floodproofed; (iv) Cooperate with Federal, State, and local agencies and private firms which undertake to
study, survey, map, and identify flood plain, mudslide (i.e., mudflow) or flood-related erosion areas, and cooperate with neighboring communities with respect

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44 CFR 59.22 - Prerequisites for the sale of flood insurance. - Code of Federal Regulations - Title 44: Emergency Management and Assistance - vLex
to the management of adjoining flood plain, mudslide (i.e., mudflow) and/or flood-related erosion areas in order to prevent aggravation of existing hazards; (v)
Upon occurrence, notify the Administrator in writing whenever the boundaries of the community have been modified by annexation or the community has
otherwise assumed or no longer has authority to adopt and enforce flood plain management regulations for a particular area. In order that all FHBM's and
FIRM's accurately represent the community's bound aries, include within such notification a copy of a map of the community suitable for reproduction, clearly
delineating the new corporate limits or new area for which the community has assumed or relinquished flood plain management regulatory authority.
(b) An applicant shall legislatively: (1) Appoint or designate the agency or official with the responsibility, authority, and means to implement the commitments
made in paragraph (a) of this section, and (2) Designate the official responsible to submit a report to the Administrator concerning the community participation
in the Program, including, but not limited to the development and implementation of flood plain management regulations. This report shall be submitted
annually or biennially as determined by the Administrator.
(c) The documents required by paragraph (a) of this section and evidence of the actions required by paragraph (b) of this section shall be submitted to the
Federal Emergency Management Agency, Washington DC 20472.
[41 FR 46968, Oct. 26, 1976. Redesignated at 44 FR 31177, May 31, 1979 and amended at 48 FR 29318, June 24, 1983; 48 FR 44543 and 44552, Sept.
29, 1983; 49 FR 4751, Feb. 8, 1984; 49 FR 33656, Aug. 24, 1984; 50 FR 36023, Sept. 4, 1985]

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