44 CFR Part 59

SUBCHAPTER B—INSURANCE AND HAZARD MITIGATION
PARTS 50–54 [RESERVED]
National Insurance Development
Program
PARTS 55–58 [RESERVED]
National Flood Insurance Program
PART 59—GENERAL PROVISIONS
Subpart A—General
Sec.
59.1
59.2
59.3
59.4

Definitions.
Description of program.
Emergency program.
References.

Subpart B—Eligibility Requirements
59.21 Purpose of subpart.
59.22 Prerequisites for the sale of flood insurance.
59.23 Priorities for the sale of flood insurance under the regular program.
59.24 Suspension of community eligibility.
AUTHORITY: 42 U.S.C. 4001 et seq.; 6 U.S.C.
101 et seq.

Subpart A—General

kpayne on VMOFRWIN702 with $$_JOB

§ 59.1

Definitions.

As used in this subchapter—
Act means the statutes authorizing
the National Flood Insurance Program
that are incorporated in 42 U.S.C. 4001et seq.
Actuarial rates—see risk premium rates.
Administrator means the Administrator of the Federal Emergency Management Agency.
Agency means the Federal Emergency
Management Agency, Washington DC.
Alluvial fan flooding means flooding
occurring on the surface of an alluvial
fan or similar landform which originates at the apex and is characterized
by high-velocity flows; active processes
of erosion, sediment transport, and
deposition; and, unpredictable flow
paths.
Apex means a point on an alluvial fan
or similar landform below which the
flow path of the major stream that

formed the fan becomes unpredictable
and alluvial fan flooding can occur.
Applicant means a community which
indicates a desire to participate in the
Program.
Appurtenant structure means a structure which is on the same parcel of
property as the principal structure to
be insured and the use of which is incidental to the use of the principal structure.
Area of future-conditions flood hazard
means the land area that would be inundated by the 1-percent-annualchance (100-year) flood based on futureconditions hydrology.
Area of shallow flooding means a designated AO, AH, AR/AO, AR/AH, or VO
zone on a community’s Flood Insurance Rate Map (FIRM) with a 1 percent
or greater annual chance of flooding to
an average depth of 1 to 3 feet where a
clearly defined channel does not exist,
where the path of flooding is unpredictable, and where velocity flow may be
evident. Such flooding is characterized
by ponding or sheet flow.
Area of special flood-related erosion
hazard is the land within a community
which is most likely to be subject to
severe flood-related erosion losses. The
area may be designated as Zone E on
the Flood Hazard Boundary Map
(FHBM). After the detailed evaluation
of the special flood-related erosion hazard area in preparation for publication
of the FIRM, Zone E may be further refined.
Area of special flood hazard is the land
in the flood plain within a community
subject to a 1 percent or greater chance
of flooding in any given year. The area
may be designated as Zone A on the
FHBM. After detailed ratemaking has
been completed in preparation for publication of the flood insurance rate
map, Zone A usually is refined into
Zones A, AO, AH, A1–30, AE, A99, AR,
AR/A1–30, AR/AE, AR/AO, AR/AH, AR/
A, VO, or V1–30, VE, or V. For purposes
of these regulations, the term ‘‘special
flood hazard area’’ is synonymous in
meaning with the phrase ‘‘area of special flood hazard’’.
Area of special mudslide (i.e., mudflow)
hazard is the land within a community

123

VerDate Sep<11>2014

15:00 Apr 26, 2022

Jkt 253200

PO 00000

Frm 00133

Fmt 8010

Sfmt 8010

Q:\44\44V1.TXT

PC31

kpayne on VMOFRWIN702 with $$_JOB

§ 59.1

44 CFR Ch. I (10–1–21 Edition)

most likely to be subject to severe
mudslides (i.e., mudflows). The area
may be designated as Zone M on the
FHBM. After the detailed evaluation of
the special mudslide (i.e., mudflow)
hazard area in preparation for publication of the FIRM, Zone M may be further refined.
Base flood means the flood having a
one percent chance of being equalled or
exceeded in any given year.
Basement’’ means any area of the
building having its floor subgrade
(below ground level) on all sides.
Breakaway wall means a wall that is
not part of the structural support of
the building and is intended through
its design and construction to collapse
under specific lateral loading forces,
without causing damage to the elevated portion of the building or supporting foundation system.
Building—see structure.
Chargeable rates mean the rates established by the Federal Insurance Administrator pursuant to section 1308 of
the Act for first layer limits of flood
insurance on existing structures.
Chief Executive Officer of the community (CEO) means the official of the
community who is charged with the
authority to implement and administer
laws, ordinances and regulations for
that community.
Coastal high hazard area means an
area of special flood hazard extending
from offshore to the inland limit of a
primary frontal dune along an open
coast and any other area subject to
high velocity wave action from storms
or seismic sources.
Community means any State or area
or political subdivision thereof, or any
Indian tribe or authorized tribal organization, or Alaska Native village or
authorized native organization, which
has authority to adopt and enforce
flood plain management regulations
for the areas within its jurisdiction.
Condominium building means a type of
building in the form of ownership in
which each unit owner has an undivided interest in common elements of
the building.
Contents coverage is the insurance on
personal property within an enclosed
structure, including the cost of debris
removal, and the reasonable cost of removal of contents to minimize damage.

Personal property may be household
goods usual or incidental to residential
occupancy, or merchandise, furniture,
fixtures, machinery, equipment and
supplies usual to other than residential
occupancies.
Criteria means the comprehensive criteria for land management and use for
flood-prone areas developed under 42
U.S.C. 4102 for the purposes set forth in
part 60 of this subchapter.
Critical feature means an integral and
readily identifiable part of a flood protection system, without which the
flood protection provided by the entire
system would be compromised.
Curvilinear Line means the border on
either a FHBM or FIRM that delineates the special flood, mudslide (i.e.,
mudflow) and/or flood-related erosion
hazard areas and consists of a curved
or contour line that follows the topography.
Deductible means the amount of an
insured loss that is the responsibility
of the insured and that is incurred before any amounts are paid for the insured loss under the insurance policy.
Developed area means an area of a
community that is:
(a) A primarily urbanized, built-up
area that is a minimum of 20 contiguous acres, has basic urban infrastructure, including roads, utilities, communications, and public facilities, to sustain industrial, residential, and commercial activities, and
(1) Within which 75 percent or more
of the parcels, tracts, or lots contain
commercial, industrial, or residential
structures or uses; or
(2) Is a single parcel, tract, or lot in
which 75 percent of the area contains
existing commercial or industrial
structures or uses; or
(3) Is a subdivision developed at a
density of at least two residential
structures per acre within which 75
percent or more of the lots contain existing residential structures at the
time the designation is adopted.
(b) Undeveloped parcels, tracts, or
lots, the combination of which is less
than 20 acres and contiguous on at
least 3 sides to areas meeting the criteria of paragraph (a) at the time the
designation is adopted.

124

VerDate Sep<11>2014

15:00 Apr 26, 2022

Jkt 253200

PO 00000

Frm 00134

Fmt 8010

Sfmt 8010

Q:\44\44V1.TXT

PC31

kpayne on VMOFRWIN702 with $$_JOB

Fed. Emergency Mgmt. Agency, DHS

§ 59.1

(c) A subdivision that is a minimum
of 20 contiguous acres that has obtained all necessary government approvals, provided that the actual
‘‘start of construction’’ of structures
has occurred on at least 10 percent of
the lots or remaining lots of a subdivision or 10 percent of the maximum
building coverage or remaining building coverage allowed for a single lot
subdivision at the time the designation
is adopted and construction of structures is underway. Residential subdivisions must meet the density criteria in
paragraph (a)(3).
Development means any man-made
change to improved or unimproved real
estate, including but not limited to
buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations or storage
of equipment or materials.
Eligible community or participating
community means a community for
which the Federal Insurance Administrator has authorized the sale of flood
insurance under the National Flood Insurance Program..
Elevated building means, for insurance
purposes, a nonbasement building
which has its lowest elevated floor
raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
Emergency program means the initial
phase of a community’s participation
in the National Flood Insurance Program, as prescribed by Section 1306 of
the Act.
Erosion means the process of the
gradual wearing away of land masses.
This peril is not per se covered under
the Program.
Exception means a waiver from the
provisions of part 60 of this subchapter
directed to a community which relieves it from the requirements of a
rule, regulation, order or other determination made or issued pursuant to
the Act.
Existing construction, means for the
purposes of determining rates, structures for which the ‘‘start of construction’’ commenced before the effective
date of the FIRM or before January 1,
1975, for FIRMs effective before that
date. ‘‘Existing construction’’ may also
be referred to as ‘‘existing structures.’’

Existing manufactured home park or
subdivision means a manufactured
home park or subdivision for which the
construction of facilities for servicing
the lots on which the manufactured
homes are to be affixed (including, at a
minimum, the installation of utilities,
the construction of streets, and either
final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
Existing structures see existing construction.
Expansion to an existing manufactured
home park or subdivision means the
preparation of additional sites by the
construction of facilities for servicing
the lots on which the manufacturing
homes are to be affixed (including the
installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete
pads).
Federal agency means any department, agency, corporation, or other entity or instrumentality of the executive branch of the Federal Government,
and includes the Federal National
Mortgage Association and the Federal
Home Loan Mortgage Corporation.
Federal instrumentality responsible for
the supervision, approval, regulation, or
insuring of banks, savings and loan associations, or similar institutions means the
Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Comptroller
of the Currency, the Federal Home
Loan Bank Board, the Federal Savings
and Loan Insurance Corporation, and
the National Credit Union Administration.
Financial assistance means any form
of loan, grant, guaranty, insurance,
payment, rebate, subsidy, disaster assistance loan or grant, or any other
form of direct or indirect Federal assistance, other than general or special
revenue sharing or formula grants
made to States.
Financial assistance for acquisition or
construction purposes means any form of
financial assistance which is intended
in whole or in part for the acquisition,
construction, reconstruction, repair, or
improvement of any publicly or privately owned building or mobile home,

125

VerDate Sep<11>2014

15:00 Apr 26, 2022

Jkt 253200

PO 00000

Frm 00135

Fmt 8010

Sfmt 8010

Q:\44\44V1.TXT

PC31

kpayne on VMOFRWIN702 with $$_JOB

§ 59.1

44 CFR Ch. I (10–1–21 Edition)

and for any machinery, equipment, fixtures, and furnishings contained or to
be contained therein, and shall include
the purchase or subsidization of mortgages or mortgage loans but shall exclude assistance pursuant to the Disaster Relief Act of 1974 other than assistance under such Act in connection
with a flood. It includes only financial
assistance insurable under the Standard Flood Insurance Policy.
First-layer coverage is the maximum
amount of structural and contents insurance coverage available under the
Emergency Program.
Flood or Flooding means:
(a) A general and temporary condition of partial or complete inundation
of normally dry land areas from:
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters from
any source.
(3) Mudslides (i.e., mudflows) which
are proximately caused by flooding as
defined in paragraph (a)(2) of this definition and are akin to a river of liquid
and flowing mud on the surfaces of normally dry land areas, as when earth is
carried by a current of water and deposited along the path of the current.
(b) The collapse or subsidence of land
along the shore of a lake or other body
of water as a result of erosion or undermining caused by waves or currents of
water exceeding anticipated cyclical
levels or suddenly caused by an unusually high water level in a natural body
of water, accompanied by a severe
storm, or by an unanticipated force of
nature, such as flash flood or an abnormal tidal surge, or by some similarly
unusual and unforeseeable event which
results in flooding as defined in paragraph (a)(1) of this definition.
Flood elevation determination means a
determination by the Federal Insurance Administrator of the water surface elevations of the base flood, that
is, the flood level that has a one percent or greater chance of occurrence in
any given year.
Flood elevation study means an examination, evaluation and determination
of flood hazards and, if appropriate,
corresponding water surface elevations,
or an examination, evaluation and de-

termination of mudslide (i.e., mudflow)
and/or flood-related erosion hazards.
Flood Hazard Boundary Map means an
official map of a community, issued by
the Federal Insurance Administrator,
where the boundaries of the flood,
mudslide (i.e., mudflow) related erosion
areas having special hazards have been
designated as Zones A, M, and/or E.
Flood insurance means the insurance
coverage provided under the Program.
Flood Insurance Rate Map (FIRM)
means an official map of a community,
on which the Federal Insurance Administrator has delineated both the special
hazard areas and the risk premium
zones applicable to the community. A
FIRM that has been made available
digitally is called a Digital Flood Insurance Rate Map (DFIRM).
Flood Insurance Study see flood elevation study.
Flood plain or flood-prone area means
any land area susceptible to being inundated by water from any source (see
definition of ‘‘flooding’’).
Flood plain management means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not
limited to emergency preparedness
plans, flood control works and flood
plain management regulations.
Flood plain management regulations
means zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances
(such as a flood plain ordinance, grading ordinance and erosion control ordinance) and other applications of police
power. The term describes such state
or local regulations, in any combination thereof, which provide standards
for the purpose of flood damage prevention and reduction.
Flood protection system means those
physical structural works for which
funds have been authorized, appropriated, and expended and which have
been constructed specifically to modify
flooding in order to reduce the extent
of the area within a community subject
to a ‘‘special flood hazard’’ and the extent of the depths of associated flooding. Such a system typically includes
hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those

126

VerDate Sep<11>2014

15:00 Apr 26, 2022

Jkt 253200

PO 00000

Frm 00136

Fmt 8010

Sfmt 8010

Q:\44\44V1.TXT

PC31

kpayne on VMOFRWIN702 with $$_JOB

Fed. Emergency Mgmt. Agency, DHS

§ 59.1

constructed in conformance with sound
engineering standards.
Flood proofing means any combination of structural and non-structural
additions, changes, or adjustments to
structures which reduce or eliminate
flood damage to real estate or improved real property, water and sanitary facilities, structures and their
contents.
Flood-related erosion means the collapse or subsidence of land along the
shore of a lake or other body of water
as a result of undermining caused by
waves or currents of water exceeding
anticipated cyclical levels or suddenly
caused by an unusually high water
level in a natural body of water, accompanied by a severe storm, or by an
unanticipated force of nature, such as a
flash flood or an abnormal tidal surge,
or by some similarly unusual and unforeseeable event which results in
flooding.
Flood-related erosion area or flood-related erosion prone area means a land
area adjoining the shore of a lake or
other body of water, which due to the
composition of the shoreline or bank
and high water levels or wind-driven
currents, is likely to suffer flood-related erosion damage.
Flood-related erosion area management
means the operation of an overall program of corrective and preventive
measures for reducing flood-related
erosion damage, including but not limited to emergency preparedness plans,
flood-related erosion control works,
and flood plain management regulations.
Floodway—see regulatory floodway.
Floodway encroachment lines mean the
lines marking the limits of floodways
on Federal, State and local flood plain
maps.
Freeboard means a factor of safety
usually expressed in feet above a flood
level for purposes of flood plain management. ‘‘Freeboard’’ tends to compensate for the many unknown factors
that could contribute to flood heights
greater than the height calculated for
a selected size flood and floodway conditions, such as wave action, bridge
openings, and the hydrological effect of
urbanization of the watershed.
Functionally dependent use means a
use which cannot perform its intended

purpose unless it is located or carried
out in close proximity to water. The
term includes only docking facilities,
port facilities that are necessary for
the loading and unloading of cargo or
passengers, and ship building and ship
repair facilities, but does not include
long-term storage or related manufacturing facilities.
Future-conditions flood hazard area, or
future-conditions floodplain—see Area of
future-conditions flood hazard.
Future-conditions hydrology means the
flood discharges associated with projected land-use conditions based on a
community’s zoning maps and/or comprehensive land-use plans and without
consideration of projected future construction of flood detention structures
or projected future hydraulic modifications within a stream or other waterway, such as bridge and culvert construction, fill, and excavation.
Highest adjacent grade means the
highest natural elevation of the ground
surface prior to construction next to
the proposed walls of a structure.
Historic Structure means any structure that is:
(a) Listed individually in the National Register of Historic Places (a
listing maintained by the Department
of Interior) or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the National Register;
(b) Certified or preliminarily determined by the Secretary of the Interior
as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a
registered historic district;
(c) Individually listed on a state inventory of historic places in states
with historic preservation programs
which have been approved by the Secretary of the Interior; or
(d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(1) By an approved state program as
determined by the Secretary of the Interior or
(2) Directly by the Secretary of the
Interior in states without approved
programs.

127

VerDate Sep<11>2014

15:00 Apr 26, 2022

Jkt 253200

PO 00000

Frm 00137

Fmt 8010

Sfmt 8010

Q:\44\44V1.TXT

PC31

kpayne on VMOFRWIN702 with $$_JOB

§ 59.1

44 CFR Ch. I (10–1–21 Edition)

Independent scientific body means a
non-Federal technical or scientific organization involved in the study of
land use planning, flood plain management, hydrology, geology, geography,
or any other related field of study concerned with flooding.
Insurance
adjustment
organization
means any organization or person engaged in the business of adjusting loss
claims arising under the Standard
Flood Insurance Policy.
Insurance company or insurer means
any person or organization authorized
to engage in the insurance business
under the laws of any State.
Levee means a man-made structure,
usually an earthen embankment, designed and constructed in accordance
with sound engineering practices to
contain, control, or divert the flow of
water so as to provide protection from
temporary flooding.
Levee System means a flood protection
system which consists of a levee, or
levees, and associated structures, such
as closure and drainage devices, which
are constructed and operated in accordance with sound engineering practices.
Lowest Floor means the lowest floor
of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, usable solely for
parking of vehicles, building access or
storage in an area other than a basement area is not considered a building’s lowest floor; Provided, that such
enclosure is not built so as to render
the structure in violation of the applicable non-elevation design requirements of § 60.3.
Mangrove stand means an assemblage
of mangrove trees which are mostly
low trees noted for a copious development of interlacing adventitious roots
above the ground and which contain
one or more of the following species:
Black mangrove (Avicennia Nitida);
red mangrove (Rhizophora Mangle);
white
mangrove
(Languncularia
Racemosa);
and
buttonwood
(Conocarpus Erecta).
Manufactured home means a structure, transportable in one or more sections, which is built on a permanent
chassis and is designed for use with or
without a permanent foundation when
attached to the required utilities. The

term ‘‘manufactured home’’ does not
include a ‘‘recreational vehicle’’.
Manufactured home park or subdivision’’ means a parcel (or contiguous
parcels) of land divided into two or
more manufactured home lots for rent
or sale.
Map means the Flood Hazard Boundary Map (FHBM) or the Flood Insurance Rate Map (FIRM) for a community issued by the Agency.
Mean sea level means, for purposes of
the National Flood Insurance Program,
the National Geodetic Vertical Datum
(NGVD) of 1929 or other datum, to
which base flood elevations shown on a
community’s Flood Insurance Rate
Map are referenced.
Mixed use building means a building
that has both residential and non-residential uses.
Mudslide (i.e., mudflow) describes a
condition where there is a river, flow
or inundation of liquid mud down a
hillside usually as a result of a dual
condition of loss of brush cover, and
the subsequent accumulation of water
on the ground preceded by a period of
unusually heavy or sustained rain. A
mudslide (i.e., mudflow) may occur as a
distinct phenomenon while a landslide
is in progress, and will be recognized as
such by the Administrator only if the
mudflow, and not the landslide, is the
proximate cause of damage that occurs.
Mudslide (i.e., mudflow) area management means the operation of an overall
program of corrective and preventive
measures for reducing mudslide (i.e.,
mudflow) damage, including but not
limited to emergency preparedness
plans, mudslide control works, and
flood plain management regulations.
Mudslide (i.e., mudflow) prone area
means an area with land surfaces and
slopes of unconsolidated material
where the history, geology and climate
indicate a potential for mudflow.
Multifamily building means an other
residential building that is not a condominium building.
New construction means, for the purposes of determining insurance rates,
structures for which the ‘‘start of construction’’ commenced on or after the
effective date of an initial FIRM or
after December 31, 1974, whichever is

128

VerDate Sep<11>2014

15:00 Apr 26, 2022

Jkt 253200

PO 00000

Frm 00138

Fmt 8010

Sfmt 8010

Q:\44\44V1.TXT

PC31

kpayne on VMOFRWIN702 with $$_JOB

Fed. Emergency Mgmt. Agency, DHS

§ 59.1

later, and includes any subsequent improvements to such structures. For
floodplain management purposes, new
construction means structures for which
the start of construction commenced on
or after the effective date of a floodplain management regulation adopted
by a community and includes any subsequent improvements to such structures.
New manufactured home park or subdivision means a manufactured home
park or subdivision for which the construction of facilities for servicing the
lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities, the
construction of streets, and either final
site grading or the pouring of concrete
pads) is completed on or after the effective date of floodplain management
regulations adopted by a community.
Non-residential building means a commercial or mixed-use building where
the primary use is commercial or nonhabitational.
Non-residential property means either
a non-residential building, the contents
within a non-residential building, or
both.
100-year flood see base flood.
Other residential building means a residential building that is designed for
use as a residential space for 5 or more
families or a mixed use building in
which the total floor area devoted to
non-residential uses is less than 25 percent of the total floor area within the
building.
Other residential property means either an other residential building, the
contents within an other residential
building, or both.
Participating community, also known
as an eligible community, means a community in which the Administrator has
authorized the sale of flood insurance.
Person includes any individual or
group of individuals, corporation, partnership, association, or any other entity, including State and local governments and agencies.
Policy means the Standard Flood Insurance Policy.
Premium means the total premium
payable by the insured for the coverage
or coverages provided under the policy.
The calculation of the premium may be
based upon either chargeable rates or

risk premium rates, or a combination
of both.
Primary frontal dune means a continuous or nearly continuous mound or
ridge of sand with relatively steep seaward and landward slopes immediately
landward and adjacent to the beach
and subject to erosion and overtopping
from high tides and waves during
major coastal storms. The inland limit
of the primary frontal dune occurs at
the point where there is a distinct
change from a relatively steep slope to
a relatively mild slope.
Principally above ground means that
at least 51 percent of the actual cash
value of the structure, less land value,
is above ground.
Program means the National Flood
Insurance Program authorized by 42
U.S.C. 4001 through 4128.
Program deficiency means a defect in a
community’s flood plain management
regulations or administrative procedures that impairs effective implementation of those flood plain management
regulations or of the standards in § 60.3,
§ 60.4, § 60.5, or § 60.6.
Project cost means the total financial
cost of a flood protection system (including design, land acquisition, construction, fees, overhead, and profits),
unless the Federal Insurance Administrator determines a given ‘‘cost’’ not to
be a part of such project cost.
Recreational vehicle means a vehicle
which is:
(a) Built on a single chassis;
(b) 400 square feet or less when measured at the largest horizontal projection;
(c) Designed to be self-propelled or
permanently towable by a light duty
truck; and
(d) Designed primarily not for use as
a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
Reference feature is the receding edge
of a bluff or eroding frontal dune, or if
such a feature is not present, the normal high-water line or the seaward line
of permanent vegetation if a highwater line cannot be identified.
Regular Program means the Program
authorized by the Act under which risk
premium rates are required for the
first half of available coverage (also
known as ‘‘first layer’’ coverage) for all

129

VerDate Sep<11>2014

15:00 Apr 26, 2022

Jkt 253200

PO 00000

Frm 00139

Fmt 8010

Sfmt 8010

Q:\44\44V1.TXT

PC31

kpayne on VMOFRWIN702 with $$_JOB

§ 59.1

44 CFR Ch. I (10–1–21 Edition)

new construction and substantial improvements started on or after the effective date of the FIRM, or after December 31, 1974, for FIRM’s effective on
or before that date. All buildings, the
construction of which started before
the effective date of the FIRM, or before January 1, 1975, for FIRMs effective before that date, are eligible for
first layer coverage at either subsidized
rates or risk premium rates, whichever
are lower. Regardless of date of construction, risk premium rates are always required for the second layer coverage and such coverage is offered only
after the Administrator has completed
a risk study for the community.
Regulatory floodway means the channel of a river or other watercourse and
the adjacent land areas that must be
reserved in order to discharge the base
flood without cumulatively increasing
the water surface elevation more than
a designated height.
Remedy a violation means to bring the
structure or other development into
compliance with State or local flood
plain management regulations, or, if
this is not possible, to reduce the impacts of its noncompliance. Ways that
impacts may be reduced include protecting the structure or other affected
development from flood damages, implementing the enforcement provisions
of the ordinance or otherwise deterring
future similar violations, or reducing
Federal financial exposure with regard
to the structure or other development.
Residential building means a non-commercial building designed for habitation by one or more families or a
mixed use building that qualifies as a
single-family, two-to-four family, or
other residential building.
Residential property means either a
residential building or the contents
within a residential building, or both.
Risk premium rates means those rates
established by the Federal Insurance
Administrator pursuant to individual
community studies and investigations
which are undertaken to provide flood
insurance in accordance with section
1307 of the Act and the accepted actuarial principles. ‘‘Risk premium rates’’
include provisions for operating costs
and allowances.

Riverine means relating to, formed
by, or resembling a river (including
tributaries), stream, brook, etc.
Sand dunes mean naturally occurring
accumulations of sand in ridges or
mounds landward of the beach.
Scientifically incorrect. The methodology(ies) and/or assumptions which
have been utilized are inappropriate for
the physical processes being evaluated
or are otherwise erroneous.
Second layer coverage means an additional limit of coverage equal to the
amounts made available under the
Emergency Program, and made available under the Regular Program.
Servicing company means a corporation, partnership, association, or any
other organized entity which contracts
with the Federal Insurance Administration to service insurance policies
under the National Flood Insurance
Program for a particular area.
Sheet flow area—see area of shallow
flooding.
Single-family dwelling means either (a)
a residential single-family building in
which the total floor area devoted to
non-residential uses is less than 50 percent of the building’s total floor area,
or (b) a single-family residential unit
within a two-to-four family building,
other-residential building, business, or
non-residential building, in which commercial uses within the unit are limited to less than 50 percent of the
unit’s total floor area.
60-year setback means a distance
equal to 60 times the average annual
long term recession rate at a site,
measured from the reference feature.
Special flood hazard area—see ‘‘area of
special flood hazard’’.
Special hazard area means an area
having special flood, mudslide (i.e.,
mudflow), or flood-related erosion hazards, and shown on an FHBM or FIRM
as Zone A, AO, A1–30, AE, AR, AR/A1–
30, AR/AE, AR/AO, AR/AH, AR/A, A99,
AH, VO, V1–30, VE, V, M, or E.
Standard
Flood
Insurance
Policy
means the flood insurance policy issued
by the Federal Insurance Administrator or an insurer pursuant to an arrangement with the Federal Insurance
Administrator pursuant to Federal
statutes and regulations.

130

VerDate Sep<11>2014

15:00 Apr 26, 2022

Jkt 253200

PO 00000

Frm 00140

Fmt 8010

Sfmt 8010

Q:\44\44V1.TXT

PC31

kpayne on VMOFRWIN702 with $$_JOB

Fed. Emergency Mgmt. Agency, DHS

§ 59.1

Start of Construction (for other than
new construction or substantial improvements under the Coastal Barrier
Resources Act (Pub. L. 97–348)), includes substantial improvement, and
means the date the building permit was
issued, provided the actual start of
construction, repair, reconstruction,
rehabilitation, addition placement, or
other improvement was within 180 days
of the permit date. The actual start
means either the first placement of
permanent construction of a structure
on a site, such as the pouring of slab or
footings, the installation of piles, the
construction of columns, or any work
beyond the stage of excavation; or the
placement of a manufactured home on
a foundation. Permanent construction
does not include land preparation, such
as clearing, grading and filling; nor
does it include the installation of
streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property
of accessory buildings, such as garages
or sheds not occupied as dwelling units
or not part of the main structure. For
a substantial improvement, the actual
start of construction means the first
alteration of any wall, ceiling, floor, or
other structural part of a building,
whether or not that alteration affects
the external dimensions of the building.
State means any State of the United
States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana Islands.
State Coordinating Agency means the
agency of the state government (or
other office designated by the Governor
of the state or by state statute) that,
at the request of the Federal Insurance
Administrator, assists in the implementation of the National Flood Insurance Program in that state.
Storm cellar means a space below
grade used to accommodate occupants
of the structure and emergency supplies as a means of temporary shelter
against severe tornado or similar wind
storm activity.
Structure means, for floodplain management purposes, a walled and roofed

building, including a gas or liquid storage tank, that is principally above
ground, as well as a manufactured
home. Structure, for insurance purposes, means:
(1) A building with two or more outside rigid walls and a fully secured
roof, that is affixed to a permanent
site;
(2) A manufactured home (‘‘a manufactured home,’’ also known as a mobile home, is a structure: built on a
permanent chassis, transported to its
site in one or more sections, and affixed to a permanent foundation); or
(3) A travel trailer without wheels,
built on a chassis and affixed to a permanent foundation, that is regulated
under the community’s floodplain management and building ordinances or
laws.
For the latter purpose, ‘‘structure’’
does not mean a recreational vehicle or
a park trailer or other similar vehicle,
except as described in paragraph (3) of
this definition, or a gas or liquid storage tank.
Subsidized rates mean the rates established by the Federal Insurance Administrator involving in the aggregate a
subsidization by the Federal Government.
Substantial damage means damage of
any origin sustained by a structure
whereby the cost of restoring the
structure to its before damaged condition would equal or exceed 50 percent
of the market value of the structure
before the damage occurred.
Substantial improvement means any reconstruction, rehabilitation, addition,
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 improvement. This term
includes structures which have incurred ‘‘substantial damage’’, regardless of the actual repair work performed. The term 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 enforcement official and which are the
minimum necessary to assure safe living conditions or

131

VerDate Sep<11>2014

15:00 Apr 26, 2022

Jkt 253200

PO 00000

Frm 00141

Fmt 8010

Sfmt 8010

Q:\44\44V1.TXT

PC31

§ 59.2

44 CFR Ch. I (10–1–21 Edition)

(2) Any alteration of a ‘‘historic
structure’’, provided that the alteration 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 term recession rate at a site,
measured from the reference feature.
Technically incorrect. The methodology(ies) utilized has been erroneously
applied due to mathematical or measurement error, changed physical conditions, or insufficient quantity or quality of input data.
Two-to-four family building means a
residential building, including an
apartment building, containing two-tofour residential spaces and in which
commercial uses are limited to less
than 25 percent of the building’s total
floor area.
V Zone—see ‘‘coastal high hazard
area.’’
Variance means a grant of relief by a
community 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 community’s flood
plain management regulations. A
structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in § 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 provided.
Water surface elevation means the
height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929,
(or other datum, where specified) of
floods of various magnitudes and frequencies in the flood plains of coastal
or riverine areas.
Zone 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, measured
from the reference feature.

kpayne on VMOFRWIN702 with $$_JOB

[41 FR 46968, Oct. 26, 1976]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 59.1, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and at www.govinfo.gov.

§ 59.2 Description of program.
(a) The National Flood Insurance Act
of 1968 was enacted by title XIII of the
Housing and Urban Development Act of
1968 (Pub. L. 90–448, August 1, 1968) to
provide previously unavailable flood
insurance protection to property owners in flood-prone areas. Mudslide (as
defined in § 59.1) protection was added
to the Program by the Housing and
Urban Development Act of 1969 (Pub. L.
91–152, December 24, 1969). Flood-related erosion (as defined in § 59.1) protection was added to the Program by
the Flood Disaster Protection Act of
1973 (Pub. L. 93–234, December 31, 1973).
The Flood Disaster Protection Act of
1973 requires the purchase of flood insurance on and after March 2, 1974, as a
condition of receiving any form of Federal or federally-related financial assistance for acquisition or construction
purposes with respect to insurable
buildings and mobile homes within an
identified special flood, mudslide (i.e.,
mudflow), or flood-related erosion hazard area that is located within any
community participating in the Program. The Act also requires that on
and after July 1, 1975, or one year after
a community has been formally notified by the Federal Insurance Administrator. of its identification as community containing one or more special
flood, mudslide (i.e., mudflow), or
flood-related erosion hazard areas, no
such Federal financial assistance, shall
be provided within such an area unless
the community in which the area is located is then participating in the Program, subject to certain exceptions.
See FIA published Guidelines at
§ 59.4(c).
(b) To qualify for the sale of federally-subsidized flood insurance a community must adopt and submit to the
Federal Insurance Administrator as
part of its application, flood plain management regulations, satisfying at a
minimum the criteria set forth at part
60 of this subchapter, designed to reduce or avoid future flood, mudslide
(i.e., mudflow) or flood-related erosion
damages. These regulations must include effective enforcement provisions.
(c) Minimum requirements for adequate flood plain management regulations are set forth in § 60.3 for floodprone areas, in § 60.4 for mudslide (i.e.,

132

VerDate Sep<11>2014

15:00 Apr 26, 2022

Jkt 253200

PO 00000

Frm 00142

Fmt 8010

Sfmt 8010

Q:\44\44V1.TXT

PC31

Fed. Emergency Mgmt. Agency, DHS

§ 59.4

mudflow) areas and in § 60.5 for floodrelated erosion areas. Those applicable
requirements and standards are based
on the amount of technical information available to the community.
[41 FR 46968, Oct. 26, 1976, as amended at 43
FR 7140, Feb. 17, 1978. Redesignated at 44 FR
31177, May 31, 1979, and amended at 48 FR
44552, Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984]

§ 59.3 Emergency program.
The 1968 Act required a risk study to
be undertaken for each community before it could become eligible for the
sale of flood insurance. Since this requirement resulted in a delay in providing insurance, the Congress, in section 408 of the Housing and Urban Development Act of 1969 (Pub. L. 91–152,
December 24, 1969), established an
Emergency Flood Insurance Program
as a new section 1336 of the National
Flood Insurance Act (42 U.S.C. 4056) to
permit the early sale of insurance in
flood-prone communities. The emergency program does not affect the requirement that a community must
adopt adequate flood plain management regulations pursuant to part 60 of
this subchapter but permits insurance
to be sold before a study is conducted
to determine risk premium rates for
the community. The program still requires upon the effective date of a
FIRM the charging of risk premium
rates for all new construction and substantial improvements and for higher
limits of coverage for existing structures.

kpayne on VMOFRWIN702 with $$_JOB

[43 FR 7140, Feb. 17, 1978. Redesignated at 44
FR 31177, May 31, 1979, and amended at 48 FR
44543, Sept. 29, 1983]

§ 59.4 References.
(a) The following are statutory references for the National Flood Insurance Program, under which these regulations are issued:
(1) National Flood Insurance Act of
1968 (title XIII of the Housing and
Urban Development Act of 1968), Pub.
L. 90–448, approved August 1, 1968, 42
U.S.C. 4001 et seq.
(2) Housing and Urban Development
Act of 1969 (Pub. L. 91–152, approved December 24, 1969).
(3) Flood Disaster Protection Act of
1973 (87 Stat. 980), Public Law 93–234,
approved December 31, 1973.

(4) Section 816 of the Housing and
Community Development Act of 1974
(87 Stat. 975), Public Law 93–383, approved August 22, 1974.
(5) Public Law 5–128 (effective October 12, 1977).
(6) The above statutes are included in
42 U.S.C. 4001 et seq.
(b) The following are references relevant to the National Flood Insurance
Program:
(1) Executive Order 11988 (Floodplain
Management, dated May 24, 1977 (42 FR
26951, May 25, 1977)).
(2) The Flood Control Act of 1960
(Pub. L. 86–645).
(3) Title II, section 314 of title III and
section 406 of title IV of the Disaster
Relief Act of 1974 (Pub. L. 93–288).
(4) Coastal Zone Management Act
(Pub. L. 92–583), as amended Public
Law 94–370.
(5) Water Resources Planning Act
(Pub. L. 89–90), as amended Public Law
94–112 (October 16, 1975).
(6) Title I, National Environmental
Policy Act (Pub. L. 91–190).
(7) Land and Water Conservation
Fund Act (Pub. L. 89–578), and subsequent amendments thereto.
(8) Water Resources Council, Principals and Standards for Planning,
Water and Related Land Resources (38
FR 24778–24869, September 10, 1973).
(9) Executive Order 11593 (Protection
and Enchancement of the Cultural Environment), dated May 13, 1971 (36 FR
8921, May 15, 1971).
(10) 89th Cong., 2nd Session, H.D. 465.
(11) Required land use element for
comprehensive
planning
assistance
under section 701 of the Housing Act of
1954, as amended by the Housing and
Community Development Act of 1974
(24 CFR 600.72).
(12) Executive Order 11990 (Protection
of Wetlands, dated May 24, 1977 (42 FR
26951, May 25, 1977)).
(13) Water Resources Council (Guidance for Floodplain Management) (42
FR 52590, September 30, 1977).
(14) Unified National Program for
Floodplain Management of the United
States Water Resources Council, July
1976.
(c) The following reference guidelines
represent the views of the Federal Insurance Administration with respect to

133

VerDate Sep<11>2014

15:00 Apr 26, 2022

Jkt 253200

PO 00000

Frm 00143

Fmt 8010

Sfmt 8010

Q:\44\44V1.TXT

PC31

§ 59.21

44 CFR Ch. I (10–1–21 Edition)

the mandatory purchase of flood insurance under section 102 of the Flood Disaster Protection Act of 1973: Mandatory Purchase of Flood Insurance
Guidelines (54 FR 29666–29695, July 13,
1989).
[41 FR 46968, Oct. 26, 1976, as amended at 43
FR 7140, Feb. 17, 1978. Redesignated at 44 FR
31177, May 31, 1979, and amended at 57 FR
19540, May 7, 1992]

Subpart B—Eligibility Requirements
§ 59.21

Purpose of subpart.

This subpart lists actions that must
be taken by a community to become eligible and to remain eligible for the
Program.
[41 FR 46968, Oct. 26, 1976. Redesignated at 44
FR 31177, May 31, 1979]

kpayne on VMOFRWIN702 with $$_JOB

§ 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.
(6) Address of a local repository, such
as a municipal building, where the
Flood Hazard Boundary Maps (FHBM’s)
and Flood Insurance Rate Maps
(FIRM’s) will be made available for
public inspection;
(7) A summary of any State or Federal activities with respect to flood
plain, mudslide (i.e., mudflow) or floodrelated erosion area management within the community, such as federallyfunded flood control projects and
State-administered flood plain management regulations;
(8) A commitment to recognize and
duly evaluate flood, mudslide (i.e.,
mudflow) and/or flood-related erosion
hazards in all official actions in the
areas having special flood, mudslide
(i.e., mudflow) and/or flood-related erosion hazards and to take such other official action reasonably necessary to
carry out the objectives of the program; and
(9) A commitment to:
(i) Assist the Federal Insurance 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 Federal Insurance 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;

134

VerDate Sep<11>2014

15:00 Apr 26, 2022

Jkt 253200

PO 00000

Frm 00144

Fmt 8010

Sfmt 8010

Q:\44\44V1.TXT

PC31

Fed. Emergency Mgmt. Agency, DHS

§ 59.24

kpayne on VMOFRWIN702 with $$_JOB

(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 to the management of adjoining flood plain,
mudslide (i.e., mudflow) and/or floodrelated erosion areas in order to prevent aggravation of existing hazards;
(v) Upon occurrence, notify the Federal Insurance 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 boundaries, 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 Federal Insurance 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
Federal Insurance 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]

§ 59.23 Priorities for the sale of flood
insurance under the regular program.
Flood-prone, mudslide (i.e., mudflow)
and flood-related erosion prone communities are placed on a register of
areas eligible for ratemaking studies
and then selected from this register for
ratemaking studies on the basis of the
following considerations—
(a) Recommendations of State officials;
(b) Location of community and urgency of need for flood insurance;
(c) Population of community and intensity of existing or proposed development of the flood plain, the mudslide
(i.e., mudflow) and the flood-related
erosion area;
(d) Availability of information on the
community with respect to its flood,
mudslide (i.e., mudflow) and flood-related erosion characteristics and previous losses;
(e) Extent of State and local progress
in flood plain, mudslide (i.e., mudflow)
area and flood-related erosion area
management, including adoption of
flood plain management regulations
consistent with related ongoing programs in the area.
[41 FR 46968, Oct. 26, 1976. Redesignated at 44
FR 31177, May 31, 1979]

§ 59.24 Suspension of community eligibility.
(a) A community eligible for the sale
of flood insurance shall be subject to
suspension from the Program for failing to submit copies of adequate flood
plain management regulations meeting
the minimum requirements of paragraphs (b), (c), (d), (e) or (f) of § 60.3 or
paragraph (b) of § 60.4 or § 60.5, within
six months from the date the Federal
Insurance Administrator provides the
data upon which the flood plain regulations for the applicable paragraph shall
be based. Where there has not been any
submission by the community, the
Federal Insurance Administrator shall
notify the community that 90 days remain in the six month period in order
to submit adequate flood plain management regulations. Where there has
been an inadequate submission, the
Federal Insurance Administrator shall
notify the community of the specific
deficiencies in its submitted flood plain

135

VerDate Sep<11>2014

15:00 Apr 26, 2022

Jkt 253200

PO 00000

Frm 00145

Fmt 8010

Sfmt 8010

Q:\44\44V1.TXT

PC31

kpayne on VMOFRWIN702 with $$_JOB

§ 59.24

44 CFR Ch. I (10–1–21 Edition)

management regulations and inform
the community of the amount of time
remaining within the six month period.
If, subsequently, copies of adequate
flood plain management regulations
are not received by the Administrator,
no later than 30 days before the expiration of the original six month period
the Federal Insurance Administrator
shall provide written notice to the
community and to the state and assure
publication of the community’s loss of
eligibility for the sale of flood insurance on the internet or by another
comparable method, such suspension to
become effective upon the expiration of
the six month period. Should the community remedy the defect and the Federal Insurance Administrator receive
copies of adequate flood plain management regulations within the notice period, the suspension notice shall be rescinded by the Federal Insurance Administrator. If the Federal Insurance
Administrator receives notice from the
State that it has enacted adequate
flood plain management regulations
for the community within the notice
period, the suspension notice shall be
rescinded by the Federal Insurance Administrator. The community’s eligibility shall remain terminated after
suspension until copies of adequate
flood plain management regulations
have been received and approved by the
Federal Insurance Administrator.
(b) A community eligible for the sale
of flood insurance which fails to adequately enforce flood plain management regulations meeting the minimum requirements set forth in §§ 60.3,
60.4 and/or 60.5 shall be subject to probation. Probation shall represent formal notification to the community
that the Federal Insurance Administrator regards the community’s flood
plain management program as not
compliant with NFIP criteria. Prior to
imposing probation, the Federal Insurance Administrator (1) shall inform the
community upon 90 days prior written
notice of the impending probation and
of the specific program deficiencies and
violations relative to the failure to enforce, (2) shall, at least 60 days before
probation is to begin, issue a press release to local media explaining the reasons for and the effects of probation,
and (3) shall, at least 90 days before

probation is to begin, advise all policyholders in the community of the impending probation and the additional
premium that will be charged, as provided in this paragraph, on policies
sold or renewed during the period of
probation. During this 90-day period
the community shall have the opportunity to avoid probation by demonstrating compliance with Program
requirements, or by correcting Program deficiencies and remedying all
violations to the maximum extent possible. If, at the end of the 90-day period,
the Federal Insurance Administrator
determines that the community has
failed to do so, the probation shall go
into effect. Probation may be continued for up to one year after the community corrects all Program deficiencies and remedies all violations to
the maximum extent possible. Flood
insurance may be sold or renewed in
the community while it is on probation. Where a policy covers property located in a community placed on probation on or after October 1, 1986, but
prior to October 1, 1992, an additional
premium of $25.00 shall be charged on
each such policy newly issued or renewed during the one-year period beginning on the date the community is
placed on probation and during any
successive one-year periods that begin
prior to October 1, 1992. Where a community’s probation begins on or after
October 1, 1992, the additional premium
described in the preceding sentence
shall be $50.00, which shall also be
charged during any successive one-year
periods during which the community
remains on probation for any part
thereof. This $50.00 additional premium
shall further be charged during any
successive one-year periods that begin
on or after October 1, 1992, where the
preceding one-year probation period
began prior to October 1, 1992.
(c) A community eligible for the sale
of flood insurance which fails to adequately enforce its flood plain management regulations meeting the minimum requirements set forth in §§ 60.3,
60.4 and/or 60.5 and does not correct its
Program deficiencies and remedy all
violations to the maximum extent possible in accordance with compliance
deadlines established during a period of

136

VerDate Sep<11>2014

15:00 Apr 26, 2022

Jkt 253200

PO 00000

Frm 00146

Fmt 8010

Sfmt 8010

Q:\44\44V1.TXT

PC31

kpayne on VMOFRWIN702 with $$_JOB

Fed. Emergency Mgmt. Agency, DHS

§ 59.24

probation shall be subject to suspension of its Program eligibility. Under
such circumstances, the Federal Insurance Administrator shall grant the
community 30 days in which to show
cause why it should not be suspended.
The Federal Insurance Administrator
may conduct a hearing, written or oral,
before commencing suspensive action.
If a community is to be suspended, the
Federal Insurance Administrator shall
inform it upon 30 days prior written
notice and upon publication of its loss
of eligibility for the sale of flood insurance on the internet or by another
comparable method. In the event of impending suspension, the Federal Insurance Administrator shall issue a press
release to the local media explaining
the reasons and effects of the suspension. The community’s eligibility shall
only be reinstated by the Federal Insurance Administrator upon his receipt
of a local legislative or executive measure reaffirming the community’s formal intent to adequately enforce the
flood plain management requirements
of this subpart, together with evidence
of action taken by the community to
correct Program deficiencies and remedy to the maximum extent possible
those violations which caused the suspension. In certain cases, the Federal
Insurance Administrator, in order to
evaluate the community’s performance
under the terms of its submission, may
withhold reinstatement for a period
not to exceed one year from the date of
his receipt of the satisfactory submission or place the community on probation as provided for in paragraph (b) of
this section.
(d) A community eligible for the sale
of flood insurance which repeals its
flood plain management regulations,
allows its regulations to lapse, or
amends its regulations so that they no
longer meet the minimum requirements set forth in §§ 60.3, 60.4 and/or
60.5 shall be suspended from the Program. If a community is to be suspended, the Federal Insurance Administrator shall inform it upon 30 days
prior written notice and upon publication of its loss of eligibly for the sale of
flood insurance on the internet or by
another comparable method. The community eligibility shall remain termi-

nated after suspension until copies of
adequate flood plain management regulations have been received and approved by the Federal Insurance Administrator.
(e) A community eligible for the sale
of flood insurance may withdraw from
the Program by submitting to the Federal Insurance Administrator a copy of
a legislative action that explicitly
states its desire to withdraw from the
National Flood Insurance Program.
Upon receipt of a certified copy of a
final legislative action, the Federal Insurance Administrator shall withdraw
the community from the Program and
publish its loss of eligibility for the
sale of flood insurance on the internet
or by another comparable method. A
community that has withdrawn from
the Program may be reinstated if its
submits the application materials specified in § 59.22(a).
(f) If during a period of ineligibility
under paragraphs (a), (d), or (e) of this
section, a community has permitted
actions to take place that have aggravated existing flood plain, mudslide
(i.e., mudflow) and/or flood related erosion hazards, the Federal Insurance Administrator may withhold reinstatement until the community submits evidence that it has taken action to remedy to the maximum extent possible
the increased hazards. The Federal Insurance Administrator may also place
the reinstated community on probation
as provided for in paragraph (b) of this
section.
(g) The Federal Insurance Administrator shall promptly notify the servicing company and any insurers issuing
flood insurance pursuant to an arrangement with the Federal Insurance
Administrator of those communities
whose eligibility has been suspended or
which have withdrawn from the program. Flood insurance shall not be sold
or renewed in those communities. Policies sold or renewed within a community during a period of ineligibility are
deemed to be voidable by the Federal
Insurance Administrator whether or

137

VerDate Sep<11>2014

15:00 Apr 26, 2022

Jkt 253200

PO 00000

Frm 00147

Fmt 8010

Sfmt 8010

Q:\44\44V1.TXT

PC31

Pt. 60

44 CFR Ch. I (10–1–21 Edition)

not the parties to sale or renewal had
actual notice of the ineligibility.
[41 FR 46968, Oct. 26, 1976. Redesignated at 44
FR 31177, May 31, 1979, and amended at 48 FR
44543 and 44552, Sept. 29, 1983; 49 FR 4751, Feb.
8, 1984; 50 FR 36023, Sept. 4, 1985; 57 FR 19540,
May 7, 1992; 59 FR 53598, Oct. 25, 1994; 62 FR
55715, Oct. 27, 1997; 85 FR 68789, Oct. 30, 2020]

PART 60—CRITERIA FOR LAND
MANAGEMENT AND USE
Subpart A—Requirements for Flood Plain
Management Regulations
Sec.
60.1 Purpose of subpart.
60.2 Minimum compliance with flood plain
management criteria.
60.3 Flood plain management criteria for
flood-prone areas.
60.4 Flood plain management criteria for
mudslide (i.e., mudflow)-prone areas.
60.5 Flood plain management criteria for
flood-related erosion-prone areas.
60.6 Variances and exceptions.
60.7 Revisions of criteria for flood plain
management regulations.
60.8 Definitions.

Subpart B—Requirements for State Flood
Plain Management Regulations
60.11 Purpose of this subpart.
60.12 Flood plain management criteria for
State-owned properties in special hazard
areas.
60.13 Noncompliance.

Subpart C—Additional Considerations in
Managing Flood-Prone, Mudslide (i.e.,
Mudflow)-Prone, and Flood-Related
Erosion-Prone Areas
60.21 Purpose of this subpart.
60.22 Planning considerations for floodprone areas.
60.23 Planning considerations for mudslide
(i.e., mudflow)-prone areas.
60.24 Planning considerations for flood-related erosion-prone areas.
60.25 Designation, duties, and responsibilities of State Coordinating Agencies.
60.26 Local coordination.

kpayne on VMOFRWIN702 with $$_JOB

AUTHORITY: 42 U.S.C.
nization Plan No. 3 of
CFR, 1978 Comp., p. 329;
1979, 44 FR 19367, 3 CFR,

4001 et seq.; Reorga1978, 43 FR 41943, 3
E.O. 12127 of Mar. 31,
1979 Comp., p. 376.

SOURCE: 41 FR 46975, Oct. 26, 1976, unless
otherwise noted. Redesignated at 44 FR 31177,
May 31, 1979.

Subpart
A—Requirements
for
Flood
Plain
Management
Regulations
§ 60.1

Purpose of subpart.

(a) The Act provides that flood insurance shall not be sold or renewed under
the program within a community, unless the community has adopted adequate flood plain management regulations consistent with Federal criteria.
Responsibility for establishing such
criteria is delegated to the Federal Insurance Administrator.
(b) This subpart sets forth the criteria developed in accordance with the
Act by which the Federal Insurance
Administrator will determine the adequacy of a community’s flood plain
management regulations. These regulations must be legally-enforceable, applied uniformly throughout the community to all privately and publicly
owned
land
within
flood-prone,
mudslide (i.e., mudflow) or flood-related erosion areas, and the community must provide that the regulations
take precedence over any less restrictive conflicting local laws, ordinances
or codes. Except as otherwise provided
in § 60.6, the adequacy of such regulations shall be determined on the basis
of the standards set forth in § 60.3 for
flood-prone areas, § 60.4 for mudslide
areas and § 60.5 for flood-related erosion
areas.
(c) Nothing in this subpart shall be
construed as modifying or replacing
the general requirement that all eligible communities must take into account flood, mudslide (i.e., mudflow)
and flood-related erosion hazards, to
the extent that they are known, in all
official actions relating to land management and use.
(d) The criteria set forth in this subpart are minimum standards for the
adoption of flood plain management
regulations by flood-prone, mudslide
(i.e., mudflow)-prone and flood-related
erosion-prone communities. Any community may exceed the minimum criteria under this part by adopting more
comprehensive flood plain management
regulations utilizing the standards
such as contained in subpart C of this
part. In some instances, community officials may have access to information

138

VerDate Sep<11>2014

15:00 Apr 26, 2022

Jkt 253200

PO 00000

Frm 00148

Fmt 8010

Sfmt 8010

Q:\44\44V1.TXT

PC31