APPENDIX E: 
NFIP REGULATIONS 


This Appendix contains the text of the Code of Federal Regulations (CFR) for the National Flood Insurance 

Program: 44 CFR Parts 59, 60, 65, and 70. 

TITLE 44--EMERGENCY MANAGEMENT 
AND ASSISTANCE 

CHAPTER I--FEDERAL EMERGENCY 
MANAGEMENT AGENCY, DEPARTMENT 
OF HOMELAND SECURITY 

PART 59--GENERAL PROVISIONS – Table of 
Contents 

Subpart A-General 

Sec. 

59.1 Definitions. 
59.2 Description of program. 
59.3 Emergency program. 
59.4 References. 
Subpart B-Eligibility Requirements 

Sec. 

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.; Reorganization 
Plan No. 3 of 1978, 43 FR 41943, 3 CFR, 1978 
Comp., p. 329; E.O. 12127 of Mar. 31, 1979, 44 FR 
19367, 3 CFR, 1979 Comp., p. 376. 
Subpart A--General 

§ 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. 4001-4128. 
“Actuarial rates”--see “risk premium rates”. 
“Administrator” means the Federal Insurance 
Administrator. 

“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 1percentannual-chance (100-year) flood based on future-
conditions 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. 

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“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 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 
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. 
“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 fixed amount or percentage 
of any loss covered by insurance which is borne by 
the insured prior to the insurer's liability. 
“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 
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contiguous on at least 3 sides to areas meeting the 
criteria of paragraph (a) at the time the designation is 
adopted. 

(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.. 
“Director” means the Director of the Federal 
Emergency Management Agency. 
“Eligible community or participating community” 
means a community for which the 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 Flood Insurance Program or emergency 
program” means the Program as implemented on an 
emergency basis in accordance with section 1336 of 
the Act. It is intended as a program to provide a first 
layer amount of insurance on all insurable structures 
before the effective date of the initial FIRM. 
“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, 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. 

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“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 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 determination of 
mudslide (i.e., mudflow) and/or flood-related erosion 
hazards. 
“Flood Hazard Boundary Map (FHBM)” means an 
official map of a community, issued by the 
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 
Administrator has delineated both the special hazard 
areas and the risk premium zones applicable to the 
community. 
“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 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 

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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. 
“General Counsel” means the General Counsel of the 
Federal Emergency Management Agency. 
“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. 
“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 Sec. 
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 
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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. 
“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. 
“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 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. 
“100-year flood” - see base flood. 
“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 Sec. 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 
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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 high-water 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 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. 
“Risk premium rates” mean those rates established by 
the 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. 
“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 Administrator pursuant to 
Federal statutes and regulations. 
“Start of Construction” (for other than new 
construction or substantial improvements under the 
Coastal Barrier Resources Act (Pub. L. 97348)), 
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; 

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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, the District of Columbia, the 
territories and possessions of the United States, the 
Commonwealth of Puerto Rico, and the Trust 
Territory of the Pacific 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 at the request 
of the Administrator to assist 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 
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 
(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. 
“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 Sec. 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 
NFIP Regulations 


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. 
[41 FR 46968, Oct. 26, 1976] 
Editorial Note: For Federal Register citations 
affecting Sec. 59.1, see the List of CFR Sections 
Affected, which appears in the Finding Aids section 
of the printed volume and on GPO access. 

§ 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. 90448, August 1, 
1968) to provide previously unavailable flood 
insurance protection to property owners in flood-
prone areas. Mudslide (as defined in Sec. 59.1) 
protection was added to the Program by the Housing 
and Urban Development Act of 1969 (Pub. L. 91152, December 24, 1969). Flood-related erosion (as 
defined in Sec. 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 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 Sec. 
59.4(c). 
(b) To qualify for the sale of federally-subsidized 
flood insurance a community must adopt and submit 
to the 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 Sec. 60.3 for 
flood-prone areas, in Sec. 60.4 for mudslide (i.e., 
mudflow) areas and in Sec. 60.5 for flood-related 
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. 
[43 FR 7140, Feb. 17, 1978. Redesignated at 44 FR 
31177, May 31, 1979, and amended at 48 FR 44543, 
Sept. 29, 1983] 

NFIP Regulations 


§ 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. 86645). 
(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. 92583), 
as amended Public Law 94-370. 
(5) Water Resources Planning Act (Pub. L. 8990), 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 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] 
§ 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 Sec. 59.1) 
protection was added to the Program by the Housing 
and Urban Development Act of 1969 (Pub. L. 91152, December 24, 1969). Flood-related erosion (as 
defined in Sec. 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 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 Sec. 
59.4(c). 
(b) To qualify for the sale of federally-subsidized 
flood insurance a community must adopt and submit 
NFIP Regulations E-10 


to the 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 Sec. 60.3 for 
flood-prone areas, in Sec. 60.4 for mudslide (i.e., 
mudflow) areas and in Sec. 60.5 for flood-related 
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] 
§ 59.4 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. 86645). 
(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. 92583), 
as amended Public Law 94-370. 
(5) Water Resources Planning Act (Pub. L. 8990), 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 
Enhancement 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 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] 

§ 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; 
NFIP Regulations E-11 


(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 Sec. 60.3, 60.4 and/or Sec. 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 
flood-related erosion area management within the 
community, such as federally-funded 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 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 
to the management of adjoining flood plain, mud 
slide (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 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 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 
NFIP Regulations E-12 


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 mud 
slide (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 Sec.60.3 or paragraph (b) of Sec.60.4 or 
Sec.60.5, within six months from the date the 
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 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 Administrator shall notify 
the community of the specific deficiencies in its 
submitted flood plain 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 
Administrator shall provide written notice to the 
community and to the state and assure publication in 
the Federal Register under part 64 of this subchapter 
of the community's loss of eligibility for the sale of 
flood insurance, such suspension to become effective 
upon the expiration of the six month period. Should 
the community remedy the defect and the 
Administrator receive copies of adequate flood plain 
management regulations within the notice period, the 
suspension notice shall be rescinded by the 
Administrator. If the 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 
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 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 Sec. 60.3, 
60.4 and/or 60.5 shall be subject to probation. 
Probation shall represent formal notification to the 
community that the Administrator regards the 
community's flood plain management program as not 
compliant with NFIP criteria. Prior to imposing 
probation, the 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 
NFIP Regulations E-13 


requirements, or by correcting Program deficiencies 
and remedying all violations to 
the maximum extent possible. If, at the end of the 90day period, the 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 Sec. 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 
probation shall be subject to suspension of its 
Program eligibility. Under such circumstances, the 
Administrator shall grant the community 30 days in 
which to show cause why it should not be suspended. 
The Administrator may conduct a hearing, written or 
oral, before commencing suspensive action. If a 
community is to be suspended, the Administrator 
shall inform it upon 30 days prior written notice and 
upon publication in the Federal Register under part 
64 of this subchapter of its loss of eligibility for the 
sale of flood insurance. In the event of impending 
suspension, the 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 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 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 Sec. 60.3, 60.4 and/or 60.5 shall be suspended 
from the Program. If a community 
is to be suspended, the Administrator shall inform it 
upon 30 days prior written notice and upon 
publication in the Federal Register under part 64 of 
this subchapter of its loss of eligibility for the sale of 
flood insurance. The community eligibility shall 
remain terminated after suspension until copies of 
adequate flood plain management regulations have 
been received and approved by the Administrator. 
(e) A community eligible for the sale of flood 
insurance may withdraw from the Program by 
submitting to the 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 Administrator shall withdraw 
the community from the Program and publish in the 
Federal Register underpart 64 of this subchapter its 
loss of eligibility for the sale of flood insurance. A 
community that has withdrawn from the Program 
may be reinstated if its submits the application 
materials specified in Sec. 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 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 
Administrator may also place the reinstated 
community on probation as provided for in paragraph 
NFIP Regulations E-14 


(b) of this section. 
(g) The Administrator shall promptly notify the 
servicing company and any insurers issuing flood 
insurance pursuant to an arrangement with the 
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 
Administrator whether or 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] 
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 

Sec. 

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 

Sec. 

60.21 Purpose of this subpart. 
60.22 Planning considerations for flood-prone 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. 
Authority: 42 U.S.C. 4001 et seq.; 
Reorganization Plan No. 3 of 1978, 43 FR
41943, 3 CFR, 1978 Comp., p. 329; E.O. 12127
of Mar. 31, 1979, 44 FR 19367, 3 CFR, 1979
Comp., p. 376. 
Source: 41 FR 46975, Oct. 26, 1976, unless 
otherwise noted. Redesignated at 44 FR 31177, 
May 31, 1979. 
§ 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 
Administrator. 
(b) This subpart sets forth the criteria developed in 
accordance with the Act by which the 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 Sec. 60.6, the adequacy of such 
regulations shall be determined on the basis of the 
standards set forth in Sec. 60.3 for flood-prone areas, 
Sec. 60.4 for mudslide areas and Sec. 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. 
NFIP Regulations E-15 


(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 or knowledge of conditions that 
require, particularly for human safety, higher 
standards than the minimum criteria set forth in 
subpart A of this part. Therefore, any flood plain 
management regulations adopted by a State or a 
community which are more restrictive than the 
criteria set forth in this part are encouraged and shall 
take precedence. 
[41 FR 46975, Oct. 26, 1976. Redesignated at 44 FR 
31177, May 31, 1979, 
as amended at 48 FR 44552, Sept. 29, 1983; 49 FR 
4751, Feb. 8, 1984] 
§ 60.2 Minimum compliance with flood plain 
management criteria. 

(a) A flood-prone community applying for flood 
insurance eligibility shall meet the standards of 
Sec.60.3(a) in order to become eligible if a FHBM 
has not been issued for the community at the time of 
application. Thereafter, the community will be given 
a period of six months from the date the 
Administrator provides the data set forth in 
Sec.60.3(b), (c), (d), (e) or (f), in which to meet the 
requirements of the applicable paragraph. If a 
community has received a FHBM, but has not yet 
applied for Program eligibility, the community shall 
apply for eligibility directly under the standards set 
forth in Sec.60.3(b). Thereafter, the community will 
be given a period of six months from the date the 
Administrator provides the data set forth in 
Sec.60.3(c), (d), (e) or (f) in which to meet the 
requirements of the applicable paragraph. 
(b) A mudslide (i.e., mudflow)-prone community 
applying for flood insurance eligibility shall meet the 
standards of Sec. 60.4(a) to become eligible. 
Thereafter, the community will be given a period of 
six months from the date the mudslide (i.e., mudflow) 
areas having special mudslide hazards are delineated 
in which to meet the requirements of Sec. 60.4(b). 
(c) A flood-related erosion-prone community 
applying for flood insurance eligibility shall meet the 
standards of Sec. 60.5(a) to become eligible. 
Thereafter, the community will be given a period of 
six months from the date the flood-related erosion 
areas having special erosion hazards are delineated in 
which to meet the requirements of Sec. 60.5(b). 

(d) Communities identified in part 65 of this 
subchapter as containing more than one type of 
hazard (e.g., any combination of special flood, 
mudslide (i.e., mudflow), and flood-related erosion 
hazard areas) shall adopt flood plain management 
regulations for each type of hazard consistent with 
the requirements of Sec.Sec. 60.3, 60.4 and 60.5. 
(e) Local flood plain management regulations may be 
submitted to the State Coordinating Agency 
designated pursuant to Sec. 60.25 for its advice and 
concurrence. The submission to the State shall clearly 
describe proposed enforcement procedures. 
(f) The community official responsible for submitting 
annual or biennial reports to the Administrator 
pursuant to Sec. 59.22(b)(2) of this subchapter shall 
also submit copies of each annual or biennial report 
to any State Coordinating Agency. 
(g) A community shall assure that its comprehensive 
plan is consistent with the flood plain management 
objectives of this part. 
(h) The community shall adopt and enforce flood 
plain management regulations based on data provided 
by the Administrator. Without prior approval of the 
Administrator, the community shall not adopt and 
enforce flood plain management regulations based 
upon modified data reflecting natural or man-made 
physical changes. 
[41 FR 46975, Oct. 26, 1976. Redesignated at 44 FR 
31177, May 31, 1979, as amended at 48 FR 29318, 
June 24, 1983; 48 FR 44552, Sept. 29, 1983; 49 FR 
4751, Feb. 8, 1984; 50 FR 36024, Sept. 4, 1985; 59 
FR 53598, Oct. 25, 1994; 62 FR 55716, Oct. 27, 
1997] 
§ 60.3 Flood plain management criteria for flood-
prone areas. 

The Administrator will provide the data upon which 
flood plain management regulations shall be based. If 
the Administrator has not provided sufficient data to 
furnish a basis for these regulations in a particular 
community, the community shall obtain, review and 
reasonably utilize data available from other Federal, 
State or other sources pending receipt of data from 
the Administrator. However, when special flood 
hazard area designations and water surface elevations 
have been furnished by the Administrator, they shall 
apply. The symbols defining such special flood 
hazard designations are set forth in Sec. 64.3 of this 
subchapter. In all cases the minimum requirements 

NFIP Regulations E-16 


governing the adequacy of the flood plain 
management regulations for flood-prone areas 
adopted by a particular community depend on the 
amount of technical data formally provided to the 
community by the Administrator. Minimum 
standards for communities are as follows: 

(a) When the Administrator has not defined the 
special flood hazard areas within a community, has 
not provided water surface elevation data, and has not 
provided sufficient data to identify the floodway or 
coastal high hazard area, but the community has 
indicated the presence of such hazards by submitting 
an application to participate in the Program, the 
community shall: 
(1) Require permits for all proposed construction or 
other development in the community, including the 
placement of manufactured homes, so that it may 
determine whether such construction or other 
development is proposed within flood-prone areas; 
(2) Review proposed development to assure that all 
necessary permits have been received from those 
governmental agencies from which approval is 
required by Federal or State law, including section 
404 of the Federal Water Pollution Control Act 
Amendments of 1972, 33 U.S.C. 1334; 
(3) Review all permit applications to determine 
whether proposed building sites will be reasonably 
safe from flooding. If a proposed building site is in a 
flood-prone area, all new construction and substantial 
improvements shall 
(i) be designed (or modified) and adequately 
anchored to prevent flotation, collapse, or lateral 
movement of the structure resulting from 
hydrodynamic and hydrostatic loads, including the 
effects of buoyancy, (ii) be constructed with materials 
resistant to flood damage, (iii) be constructed by 
methods and practices that minimize flood damages, 
and (iv) be constructed with electrical, heating, 
ventilation, plumbing, and air conditioning 
equipment and other service facilities that are 
designed and/or located so as to prevent water from 
entering or accumulating within the components 
during conditions of flooding. 
(4) Review subdivision proposals and other proposed 
new development, including manufactured home 
parks or subdivisions, to determine whether such 
proposals will be reasonably safe from flooding. If a 
subdivision proposal or other proposed new 
development is in a flood-prone area, any such 
proposals shall be reviewed to assure that (i) all such 
proposals are consistent with the need to minimize 
flood damage within the flood-prone area, (ii) all 
public utilities and facilities, such as sewer, gas, 
electrical, and water systems are located and 
constructed to minimize or eliminate flood damage, 
and (iii) adequate drainage is provided to reduce 
exposure to flood hazards; 

(5) Require within flood-prone areas new and 
replacement water supply systems to be designed to 
minimize or eliminate infiltration of flood waters into 
the systems; and 
(6) Require within flood-prone areas (i) new and 
replacement sanitary sewage systems to be designed 
to minimize or eliminate infiltration of flood waters 
into the systems and discharges from the systems into 
flood waters and (ii) onsite waste disposal systems to 
be located to avoid impairment to them or 
contamination from them during flooding. 
(b) When the Administrator has designated areas of 
special flood hazards (A zones) by the publication of 
a community's FHBM or FIRM, but has neither 
produced water surface elevation data nor identified a 
floodway or coastal high hazard area, the community 
shall: 
(1) Require permits for all proposed construction and 
other developments including the placement of 
manufactured homes, within Zone A on the 
community's FHBM or FIRM; 
(2) Require the application of the standards in
paragraphs (a) (2), 
(3), (4), (5) and (6) of this section to development 
within Zone A on the community's FHBM or FIRM; 
(3) Require that all new subdivision proposals and 
other proposed developments (including proposals 
for manufactured home parks and subdivisions) 
greater than 50 lots or 5 acres, whichever is the 
lesser, include within such proposals base flood 
elevation data; (4) Obtain, review and reasonably 
utilize any base flood elevation and floodway data 
available from a Federal, State, or other source, 
including data developed pursuant to paragraph (b)(3) 
of this section, as criteria for requiring that new 
construction, substantial improvements, or other 
development in Zone A on the community's FHBM 
or FIRM meet the standards in paragraphs (c)(2), 
(c)(3), (c)(5), (c)(6), (c)(12), (c)(14), (d)(2) and (d)(3) 
of this section; 
(5) Where base flood elevation data are utilized, 
within Zone A on the community's FHBM or FIRM: 
NFIP Regulations E-17 


(i) Obtain the elevation (in relation to mean sea level) 
of the lowest floor(including basement) of all new 
and substantially improved structures, and 
(ii) Obtain, if the structure has been floodproofed in 
accordance with paragraph (c)(3)(ii) of this section, 
the elevation (in relation to mean sea level) to which 
the structure was floodproofed, and 
(iii) Maintain a record of all such information with 
the official designated by the community under Sec. 
59.22 (a)(9)(iii); 
(6) Notify, in riverine situations, adjacent 
communities and the State Coordinating Office prior 
to any alteration or relocation of a watercourse, and 
submit copies of such notifications to the 
Administrator; 
(7) Assure that the flood carrying capacity within the 
altered or relocated portion of any watercourse is 
maintained; 
(8) Require that all manufactured homes to be placed 
within Zone A on a community's FHBM or FIRM 
shall be installed using methods and practices which 
minimize flood damage. For the purposes of this 
requirement, manufactured homes must be elevated 
and anchored to resist flotation, collapse, or lateral 
movement. Methods of anchoring may include, but 
are not to be limited to, use of over-the-top or frame 
ties to ground anchors. This requirement is in 
addition to applicable State and local anchoring 
requirements for resisting wind forces. 
(c) When the Administrator has provided a notice of 
final flood elevations for one or more special flood 
hazard areas on the community's FIRM and, if 
appropriate, has designated other special flood hazard 
areas without base flood elevations on the 
community's FIRM, but has not identified a 
regulatory floodway or coastal high hazard area, the 
community shall: 
(1) Require the standards of paragraph (b) of this 
section within all A1-30 zones, AE zones, A zones, 
AH zones, and AO zones, on the community's FIRM; 
(2) Require that all new construction and substantial 
improvements of residential structures within Zones 
A1-30, AE and AH zones on the community's FIRM 
have the lowest floor (including basement) elevated 
to or above the base flood level, unless the 
community is granted an exception by the 
Administrator for the allowance of basements in 
accordance with Sec. 60.6 (b) or (c); 
(3) Require that all new construction and substantial 
improvements of non-residential structures within 
Zones A1-30, AE and AH zones on the community's 
firm (i) have the lowest floor (including basement) 
elevated to or above the base flood level or, (ii) 
together with attendant utility and sanitary facilities, 
be designed so that below the base flood level the 
structure is watertight with walls substantially 
impermeable to the passage of water and with 
structural components having the capability of 
resisting hydrostatic and hydrodynamic loads and 
effects of buoyancy; 

(4) Provide that where a non-residential structure is 
intended to be made watertight below the base flood 
level, (i) a registered professional engineer or 
architect shall develop and/or review structural 
design, specifications, and plans for the construction, 
and shall certify that the design and methods of 
construction are in accordance with accepted 
standards of practice for meeting the applicable 
provisions of paragraph (c)(3)(ii) or (c)(8)(ii) of this 
section, and (ii) a record of such certificates which 
includes the specific elevation (in relation to mean 
sea level) to which such structures are floodproofed 
shall be maintained with the official designated by 
the community under Sec. 59.22(a)(9)(iii); 
(5) Require, for all new construction and substantial 
improvements, that fully enclosed areas below the 
lowest floor that are usable solely for parking of 
vehicles, building access or storage in an area other 
than a basement and which are subject to flooding 
shall be designed to automatically equalize 
hydrostatic flood forces on exterior walls by allowing 
for the entry and exit of floodwaters. Designs for 
meeting this requirement must either be certified by a 
registered professional engineer or architect or meet 
or exceed the following minimum criteria: A 
minimum of two openings having a total net area of 
not less than one square inch for every square foot of 
enclosed area subject to flooding shall be provided. 
The bottom of all openings shall be no higher than 
one foot above grade. Openings may be equipped 
with screens, louvers, valves, or other coverings or 
devices provided that they permit the automatic entry 
and exit of floodwaters. 
(6) Require that manufactured homes that are placed 
or substantially improved within Zones A1-30, AH, 
and AE on the community's FIRM on sites 
(i) Outside of a manufactured home park or 
subdivision, 
(ii) In a new manufactured home park or subdivision, 
(iii) In an expansion to an existing manufactured 
home park or subdivision, or 
(iv) In an existing manufactured home park or 
subdivision on which a manufactured home has 
incurred ``substantial damage'' as the result of a 
NFIP Regulations E-18 


flood, be elevated on a permanent foundation such 
that the lowest floor of the manufactured home is 
elevated to or above the base flood elevation and be 
securely anchored to an adequately anchored 
foundation system to resist floatation collapse and 
lateral movement. 

(7) Require within any AO zone on the community's 
FIRM that all new construction and substantial 
improvements of residential structures have the 
lowest floor (including basement) elevated above the 
highest adjacent grade at least as high as the depth 
number specified in feet on the community's FIRM 
(at least two feet if no depth number is specified); 
(8) Require within any AO zone on the community's 
FIRM that all new construction and substantial 
improvements of nonresidential structures 
(i) have the lowest floor (including basement) 
elevated above the highest adjacent grade at least as 
high as the depth number specified in feet on the 
community's FIRM (at least two feet if no depth 
number is specified), or 
(ii) together with attendant utility and sanitary 
facilities be completely floodproofed to that level to 
meet the floodproofing standard specified in Sec. 
60.3(c)(3)(ii); 
(9) Require within any A99 zones on a community's 
FIRM the standards of paragraphs (a)(1) through 
(a)(4)(i) and (b)(5) through (b)(9) of this section; 
(10) Require until a regulatory floodway is 
designated, that no new construction, substantial 
improvements, or other development (including fill) 
shall be permitted within Zones A1-30 and AE on the 
community's FIRM, unless it is demonstrated that the 
cumulative effect of the proposed development, when 
combined with all other existing and anticipated 
development, will not increase the water surface 
elevation of the base flood more than one foot at any 
point within the community. 
(11) Require within Zones AH and AO, adequate 
drainage paths around structures on slopes, to guide 
floodwaters around and away from proposed 
structures. 

(12) Require that manufactured homes to be placed or 
substantially improved on sites in an existing 
manufactured home park or subdivision within Zones 
A-1-30, AH, and AE on the community's FIRM that 
are not subject to the provisions of paragraph (c)(6) 
of this section be elevated so that either 
(i) The lowest floor of the manufactured home is at or 
above the base flood elevation, or 
(ii) The manufactured home chassis is supported by 
reinforced piers or other foundation elements of at 
least equivalent strength that are no less than 36 
inches in height above grade and be securely 
anchored to an adequately anchored foundation 
system to resist floatation, collapse, and lateral 
movement. 
(13) Notwithstanding any other provisions of Sec. 
60.3, a community may approve certain development 
in Zones Al-30, AE, and AH, on the community's 
FIRM which increase the water surface elevation of 
the base flood by more than one foot, provided that 
the community first applies for a conditional FIRM 
revision, fulfills the requirements for such a revision 
as established under the provisions of Sec. 65.12, and 
receives the approval of the Administrator. 
(14) Require that recreational vehicles placed on sites 
within Zones A1-30, AH, and AE on the community's 
FIRM either 
(i) Be on the site for fewer than 180 consecutive 
days, 
(ii) Be fully licensed and ready for highway use, or 
(iii) Meet the permit requirements of paragraph (b)(1) 
of this section and the elevation and anchoring 
requirements for `”manufactured homes” in 
paragraph (c)(6) of this section. 
A recreational vehicle is ready for highway use if it is 
on its wheels or jacking system, is attached to the site 
only by quick disconnect type utilities and security 
devices, and has no permanently attached additions. 
NFIP Regulations E-19 


(d) When the Administrator has provided a notice of 
final base flood elevations within Zones A1-30 
and/or AE on the community's FIRM and, if 
appropriate, has designated AO zones, AH zones, 
A99 zones, and A zones on the community's FIRM, 
and has provided data from which the community 
shall designate its regulatory floodway, the 
community shall: 
(1) Meet the requirements of paragraphs (c) (1) 
through (14) of this section; 
(2) Select and adopt a regulatory floodway based on 
the principle that the area chosen for the regulatory 
floodway must be designed to carry the waters of the 
base flood, without increasing the water surface 
elevation of that flood more than one foot at any 
point; 
(3) Prohibit encroachments, including fill, new 
construction, substantial improvements, and other 
development within the adopted regulatory floodway 
unless it has been demonstrated through hydrologic 
and hydraulic analyses performed in accordance with 
standard engineering practice that the proposed 
encroachment would not result in any increase in 
flood levels within the community during the 
occurrence of the base flood discharge; 
(4) Notwithstanding any other provisions of Sec. 
60.3, a community may permit encroachments within 
the adopted regulatory floodway that would result in 
an increase in base flood elevations, provided that the 
community first applies for a conditional FIRM and 
floodway revision, fulfills the requirements for such 
revisions as established under the provisions of Sec. 
65.12, and receives the approval of the Administrator. 
(e) When the Administrator has provided a notice of 
final base flood elevations within Zones A1-30 
and/or AE on the community's FIRM and, if 
appropriate, has designated AH zones, AO zones, 
A99 zones, and A zones on the community's FIRM, 
and has identified on the community's FIRM coastal 
high hazard areas by designating Zones V1-30, VE, 
and/or V, the community shall: 
(1) Meet the requirements of paragraphs (c)(1) 
through (14) of this section; 
(2) Within Zones V1-30, VE, and V on a 
community's FIRM, (i ) obtain the elevation (in 
relation to mean sea level) of the bottom of the lowest 
structural member of the lowest floor (excluding 
pilings and columns) of all new and substantially 
improved structures, and whether or not such 
structures contain a basement, and (ii) maintain a 
record of all such information with the official 
designated by the community under Sec. 
59.22(a)(9)(iii); 

(3) Provide that all new construction within Zones 
V1-30, VE, and V on the community's FIRM is 
located landward of the reach of mean high tide; 
(4) Provide that all new construction and substantial 
improvements in Zones V1-30 and VE, and also 
Zone V if base flood elevation data is available, on 
the community's FIRM, are elevated on pilings and 
columns so that 
(i) the bottom of the lowest horizontal structural 
member of the lowest floor (excluding the pilings or 
columns) is elevated to or above the base flood level; 
and 
(ii) the pile or column foundation and structure 
attached thereto is anchored to resist flotation, 
collapse and lateral movement due to the effects of 
wind and water loads acting simultaneously on all 
building components. Water loading values used 
shall be those associated with the base flood. Wind 
loading values used shall be those required by 
applicable State or local building standards. A 
registered professional engineer or architect shall 
develop or review the structural design, specifications 
and plans for the construction, and shall certify that 
the design and methods of construction to be used are 
in accordance with accepted standards of practice for 
meeting the provisions of paragraphs (e)(4) 
(i) and (ii) of this section. 
(5) Provide that all new construction and substantial 
improvements within Zones V1-30, VE, and V on the 
community's FIRM have the space below the lowest 
floor either free of obstruction or constructed with 
non-supporting breakaway walls, open wood latticework, or insect screening intended to collapse under 
wind and water loads without causing collapse, 
displacement, or other structural damage to the 
elevated portion of the building or supporting 
foundation system. For the purposes of this section, a 
breakway wall shall have a design safe loading 
resistance of not less than 10 and no more than 20 
pounds per square foot. Use of breakway walls which 
exceed a design safe loading resistance of 20 pounds 
per square foot (either by design or when so required 
by local or State codes) may be permitted only if a 
registered professional engineer or architect certifies 
that the designs proposed meet the following 
conditions: 
(i) Breakaway wall collapse shall result from a water 
load less than that which would occur during the base 
flood; and, 
(ii) The elevated portion of the building and 
supporting foundation system shall not be subject to 
NFIP Regulations E-20 


collapse, displacement, or other structural damage 
due to the effects of wind and water loads acting 
simultaneously on all building components (structural 
and non-structural). Water loading values used shall 
be those associated with the base flood. Wind loading 
values used shall be those required by applicable 
State or local building standards. Such enclosed space 
shall be useable solely for parking of vehicles, 
building access, or storage. 

(6) Prohibit the use of fill for structural support of 
buildings within Zones V1-30, VE, and V on the 
community's FIRM; 
(7) Prohibit man-made alteration of sand dunes and 
mangrove stands within Zones V1-30, VE, and V on 
the community's FIRM which would increase 
potential flood damage. 
(8) Require that manufactured homes placed or 
substantially improved within Zones V1-30, V, and 
VE on the community's FIRM on sites 
(i) Outside of a manufactured home park or 
subdivision, 
(ii) In a new manufactured home park or subdivision, 
(iii) In an expansion to an existing manufactured 
home park or subdivision, or 
(iv) In an existing manufactured home park or 
subdivision on which a manufactured home has 
incurred ``substantial damage'' as the result of a 
flood, meet the standards of paragraphs (e)(2) 
through (7) of this section and that manufactured 
homes placed or substantially improved on other sites 
in an existing manufactured home park or subdivision 
within Zones VI-30, V, and VE on the community's 
FIRM meet the requirements of paragraph (c)(12) of 
this section. 
(9) Require that recreational vehicles placed on sites 
within Zones V1-30, V, and VE on the community's 
FIRM either 
(i) Be on the site for fewer than 180 consecutive 
days, 
(ii) Be fully licensed and ready for highway use, or 
(iii) Meet the requirements in paragraphs (b)(1) and 
(e) (2) through (7) of this section. 
A recreational vehicle is ready for highway use if it is 
on its wheels or jacking system, is attached to the site 
only by quick disconnect type utilities and security 
devices, and has no permanently attached additions. 
(f) When the Administrator has provided a notice of 
final base flood elevations within Zones A1-30 or AE 
on the community's FIRM, and, if appropriate, has 
designated AH zones, AO zones, A99 zones, and A 
zones on the community's FIRM, and has identified 
flood protection restoration areas by designating 
Zones AR, AR/A1-30, AR/AE, AR/AH, AR/AO, or 
AR/A, the community shall: 

(1) Meet the requirements of paragraphs (c)(1) 
through (14) and (d)(1) through (4) of this section. 
(2) Adopt the official map or legal description of 
those areas within Zones AR, AR/A1-30, AR/AE, 
AR/AH, AR/A, or AR/AO that are designated 
developed areas as defined in Sec.59.1 in accordance 
with the eligibility procedures under Sec.65.14. 
(3) For all new construction of structures in areas 
within Zone AR that are designated as developed 
areas and in other areas within Zone AR where the 
AR flood depth is 5 feet or less: 
(i) Determine the lower of either the AR base flood 
elevation or the elevation that is 3 feet above highest 
adjacent grade; and 
(ii) Using this elevation, require the standards of 
paragraphs (c)(1) through (14) of this section. 
(4) For all new construction of structures in those 
areas within Zone AR that are not designated as 
developed areas where the AR flood depth is greater 
than 5 feet: 
(i) Determine the AR base flood elevation; and 
(ii) Using that elevation require the standards of 
paragraphs (c)(1) through (14) of this section. 
(5) For all new construction of structures in areas 
within Zone AR/A1-30, AR/AE, AR/AH, AR/AO, 
and AR/A: 
(i) Determine the applicable elevation for Zone AR 
from paragraphs (a)(3) and (4) of this section; 
(ii) Determine the base flood elevation or flood depth 
for the underlying A1-30, AE, AH, AO and A Zone; 
and (iii) Using the higher elevation from paragraphs 
(a)(5)(i) and (ii) of this section require the standards 
of paragraphs (c)(1) through (14) of this section. 
(6) For all substantial improvements to existing 
construction within Zones AR/A1-30, AR/AE, 
AR/AH, AR/AO, and AR/A: 
(i) Determine the A1-30 or AE, AH, AO, or A Zone 
base flood elevation; and 
(ii) Using this elevation apply the requirements of 
paragraphs (c)(1) through (14) of this section. 
(7) Notify the permit applicant that the area has been 
designated as an AR, AR/A1-30, AR/AE, AR/AH, 
AR/AO, or AR/A Zone and whether the structure will 
be elevated or protected to or above the AR base 
flood elevation. 
[41 FR 46975, Oct. 26, 1976] 
Editorial Note: For Federal Register citations 
affecting Sec. 60.3, see the List of CFR Sections 
Affected, which appears in the Finding Aids section 
of the printed volume and on GPO Access. 
NFIP Regulations E-21 


§ 60.4 Flood plain management criteria for 
mudslide (i.e., mudflow)-prone areas. 

The Administrator will provide the data upon which 
flood plain management regulations shall be based. If 
the Administrator has not provided sufficient data to 
furnish a basis for these regulations in a particular 
community, the community shall obtain, review, and 
reasonably utilize data available from other Federal, 
State or other sources pending receipt of data from 
the Administrator. However, when special mudslide 
(i.e., mudflow) hazard area designations have been 
furnished by the Administrator, they shall apply. The 
symbols defining such special mudslide (i.e., 
mudflow) hazard designations are set forth in Sec. 

64.3 of this subchapter. In all cases, the minimum 
requirements for mudslide (i.e., mudflow)-prone 
areas adopted by a particular community depend on 
the amount of technical data provided to the 
community by the Administrator. Minimum 
standards for communities are as follows: 
(a) When the Administrator has not yet identified any 
area within the community as an area having special 
mudslide (i.e., mudflow) hazards, but the community 
has indicated the presence of such hazards by 
submitting an application to participate in the 
Program, the community shall 
(1) Require permits for all proposed construction or 
other development in the community so that it may 
determine whether development is proposed within 
mudslide (i.e., mudflow)-prone areas; 
(2) Require review of each permit application to 
determine whether the proposed site and 
improvements will be reasonably safe from 
mudslides (i.e., mudflows). Factors to be considered 
in making such a determination should include but 
not be limited to (i) the type and quality of soils, (ii) 
any evidence of ground water or surface water 
problems, (iii) the depth and quality of any fill, (iv) 
the overall slope of the site, and (v) the weight that 
any proposed structure will impose on the slope; 
(3) Require, if a proposed site and improvements are 
in a location that may have mudslide (i.e., mudflow) 
hazards, that 
(i) a site investigation and further review be made by 
persons qualified in geology and soils engineering, 
(ii) the proposed grading, excavations, new 
construction, and substantial improvements are 
adequately designed and protected against mudslide 
(i.e., mudflow) damages, (iii) the proposed grading, 
excavations, new construction and substantial 
improvements do not aggravate the existing hazard 
by creating either on-site or off-site disturbances, and 

(iv) drainage, planting, watering, and maintenance be 
such as not to endanger slope stability. 
(b) When the Administrator has delineated Zone M 
on the community's FIRM, the community shall: 
(1) Meet the requirements of paragraph (a) of this 
section; and 
(2) Adopt and enforce a grading ordinance or 
regulation in accordance with data supplied by the 
Administrator which (i) regulates the location of 
foundation systems and utility systems of new 
construction and substantial improvements, (ii) 
regulates the location, drainage and maintenance of 
all excavations, cuts and fills and planted slopes, (iii) 
provides special requirements for protective measures 
including but not necessarily limited to retaining 
walls, buttress fills, sub-drains, diverter terraces, 
benchings, etc., and (iv) requires engineering 
drawings and specifications to be submitted for all 
corrective measures, accompanied by supporting soils 
engineering and geology reports. Guidance may be 
obtained from the provisions of the 1973 edition and 
any subsequent edition of the Uniform Building 
Code, sections 7001 through 7006, and 7008 through 
7015. The Uniform Building Code is published by 
the International Conference of Building Officials, 50 
South Los Robles, Pasadena, California 91101. 
[41 FR 46975, Oct. 26, 1976. Redesignated at 44 
FR 31177, May 31, 1979, as amended at 48 FR 
44552, Sept. 29, 1983; 49 FR 4751, Feb. 8, 
1984] 
§ 60.5 Flood plain management criteria for flood-
related erosion-prone areas. 

The Administrator will provide the data upon which 
flood plain management regulations for flood-related 
erosion-prone areas shall be based. If the 
Administrator has not provided sufficient data to 
furnish a basis for these regulations in a particular 
community, the community shall obtain, review, and 
reasonably utilize data available from other Federal, 
State or other sources, pending receipt of data from 
the Administrator. However, when special flood-
related erosion hazard area designations have been 
furnished by the Administrator they shall apply. The 
symbols defining such special flood-related erosion 
hazard designations are set forth in Sec. 64.3 of this 
subchapter. In all cases the minimum requirements 
governing the adequacy of the flood plain 
management regulations for flood-related erosion-
prone areas adopted by a particular community 
depend on the amount of technical data provided to 

NFIP Regulations E-22 


the community by the Administrator. Minimum 
standards for communities are as follows: 

(a) When the Administrator has not yet identified any 
area within the community as having special flood-
related erosion hazards, but the community has 
indicated the presence of such hazards by submitting 
an application to participate in the Program, the 
community shall 
(1) Require the issuance of a permit for all proposed 
construction, or other development in the area of 
flood-related erosion hazard, as it is known to the 
community; 
(2) Require review of each permit application to 
determine whether the proposed site alterations and 
improvements will be reasonably safe from flood-
related erosion and will not cause flood-related 
erosion hazards or otherwise aggravate the existing 
flood-related erosion hazard; and 
(3) If a proposed improvement is found to be in the 
path of flood-related erosion or to increase the 
erosion hazard, require the improvement to be 
relocated or adequate protective measures to be taken 
which will not aggravate the existing erosion hazard. 
(b) When the Administrator has delineated Zone E on 
the community's FIRM, the community shall 
(1) Meet the requirements of paragraph (a) of this 
section; and 
(2) Require a setback for all new development from 
the ocean, lake, bay, riverfront or other body of 
water, to create a safety buffer consisting of a natural 
vegetative or contour strip. This buffer will be 
designated by the Administrator according to the 
flood-related erosion hazard and erosion rate, in 
conjunction with the anticipated ``useful life'' of 
structures, and depending upon the geologic, 
hydrologic, topographic and climatic characteristics 
of the community's land. The buffer may be used for 
suitable open space purposes, such as for agricultural, 
forestry, outdoor recreation and wildlife habitat areas, 
and for other activities using temporary and portable 
structures only. 
[41 FR 46975, Oct. 26, 1976. Redesignated at 44 
FR 31177, May 31, 1979, as amended at 48 FR 
44552, Sept. 29, 1983; 49 FR 4751, Feb. 8, 
1984] 
§ 60.6 Variances and exceptions. 

(a) The Administrator does not set forth absolute 
criteria for granting variances from the criteria set 
forth in Sec.. 60.3, 60.4, and 60.5. The issuance of a 
variance is for flood plain management purposes 
only. Insurance premium rates are determined by 
statute according to actuarial risk and will not be 
modified by the granting of a variance. The 
community, after examining the applicant's 
hardships, shall approve or disapprove a request. 
While the granting of variances generally is limited to 
a lot size less than one-half acre (as set forth in 
paragraph (a)(2) of this section), deviations from that 
limitation may occur. However, as the lot size 
increases beyond one-half acre, the technical 
justification required for issuing a variance increases. 
The Administrator may review a community's 
findings justifying the granting of variances, and if 
that review indicates a pattern inconsistent with the 
objectives of sound flood plain management, the 
Administrator may take appropriate action under Sec. 
59.24(b) of this subchapter. Variances may be issued 
for the repair or rehabilitation of historic structures 
upon a determination that the proposed repair or 
rehabilitation will not preclude the structure's 
continued designation as a historic structure and the 
variance is the minimum necessary to preserve the 
historic character and design of the structure. 
Procedures for the granting of variances by a 
community are as follows: 

(1) Variances shall not be issued by a community 
within any designated regulatory floodway if any 
increase in flood levels during the base flood 
discharge would result; 
(2) Variances may be issued by a community for new 
construction and substantial improvements to be 
erected on a lot of one-half acre or less in size 
contiguous to and surrounded by lots with existing 
structures constructed below the base flood level, in 
conformance with the procedures of paragraphs (a) 
(3), (4), (5) and (6) of this section; 
(3) Variances shall only be issued by a community 
upon (i) a showing of good and sufficient cause, (ii) a 
determination that failure to grant the variance would 
result in exceptional hardship to the applicant, and 
(iii) a determination that the granting of a variance 
will not result in increased flood heights, additional 
threats to public safety, extraordinary public expense, 
create nuisances, cause fraud on or victimization of 
the public, or conflict with existing local laws or 
ordinances; 
(4) Variances shall only be issued upon a 
determination that the variance is the minimum 
necessary, considering the flood hazard, to afford 
relief; 
NFIP Regulations E-23 


(5) A community shall notify the applicant in writing 
over the signature of a community official that (i) the 
issuance of a variance to construct a structure below 
the base flood level will result in increased premium 
rates for flood insurance up to amounts as high as $25 
for $100 of insurance coverage and (ii) such 
construction below the base flood level increases 
risks to life and property. Such notification shall be 
maintained with a record of all variance actions as 
required in paragraph (a)(6) of this section; and 
(6) A community shall (i) maintain a record of all 
variance actions, including 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 (i) the 
criteria of paragraphs (a)(1) through (a)(4) of this 
section are met, and (ii) the structure or other 
development is protected by methods that minimize 
flood damages during the base flood and create no 
additional threats to public safety. 
(b)(1) The requirement that each flood-prone, 
mudslide (i.e., mudflow)-prone, and flood-related 
erosion prone community must adopt and submit 
adequate flood plain management regulations as a 
condition of initial and continued flood insurance 
eligibility is statutory and cannot be waived, and such 
regulations shall be adopted by a community within 
the time periods specified in Sec. 60.3, 60.4 or Sec. 
60.5. However, certain exceptions from the standards 
contained in this subpart may be permitted where the 
Administrator recognizes that, because of 
extraordinary circumstances, local conditions may 
render the application of certain standards the cause 
for severe hardship and gross inequity for a particular 
community. Consequently, a community proposing 
the adoption of flood plain management regulations 
which vary from the standards set forth in Sec. 60.3, 
60.4, or Sec. 60.5, shall explain in writing to the 
Administrator the nature and extent of and the 
reasons for the exception request and shall include 
sufficient supporting economic, environmental, 
topographic, hydrologic, and other scientific and 
technical data, and data with respect to the impact on 
public safety and the environment. 
(2) The Administrator shall prepare a Special 
Environmental Clearance to determine whether the 
proposal for an exception under paragraph (b)(1) of 
this section will have significant impact on the human 
environment. The decision whether an Environmental 
Impact Statement or other environmental document 
will be prepared, will be made in accordance with the 
procedures set out in 44 CFR part 10. Ninety or more 
days may be required for an environmental quality 
clearance if the proposed exception will have 
significant impact on the human environment thereby 
requiring an EIS. 

(c) A community may propose flood plain 
management measures which adopt standards for 
floodproofed residential basements below the base 
flood level in zones A1-30, AH, AO, and AE which 
are not subject to tidal flooding. Nothwithstanding 
the requirements of paragraph 
(b) of this section the Administrator may approve the 
proposal provided that: 
(1) The community has demonstrated that areas of 
special flood hazard in which basements will be 
permitted are subject to shallow and low velocity 
flooding and that there is adequate flood warning 
time to ensure that all residents are notified of 
impending floods. For the purposes of this paragraph 
flood characteristics must include: 
(i) Flood depths that are five feet or less for 
developable lots that are contiguous to land above the 
base flood level and three feet or less for other lots; 
(ii) Flood velocities that are five feet per second or 
less; and(iii) Flood warning times that are 12 hours or 
greater. Flood warning times of two hours or greater 
may be approved if the community demonstrates that 
it has a flood warning system and emergency plan in 
operation that is adequate to ensure safe evacuation 
of flood plain residents. 
(2) The community has adopted flood plain 
management measures that require that new 
construction and substantial improvements of 
residential structures with basements in zones A1-30, 
AH, AO, and AE shall: 
(i) Be designed and built so that any basement area, 
together with attendant utilities and sanitary facilities 
below the floodproofed design level, is watertight 
with walls that are impermeable to the passage of 
water without human intervention. Basement walls 
shall be built with the capacity to resist hydrostatic 
and hydrodynamic loads and the effects of buoyancy 
resulting from flooding to the floodproofed design 
level, and shall be designed so that minimal damage 
will occur from floods that exceed that level. The 
floodproofed design level shall be an elevation one 
foot above the level of the base flood where the 
difference between the base flood and the 500-year 
flood is three feet or less and two feet above the level 
NFIP Regulations E-24 


of the base flood where the difference is greater than 
three feet. 

(ii) Have the top of the floor of any basement area no 
lower than five feet below the elevation of the base 
flood; 
iii) Have the area surrounding the structure on all 
sides filled to or above the elevation of the base 
flood. Fill must be compacted with slopes protected 
by vegetative cover; 

(iv) Have a registered professional engineer or 
architect develop or review the building's structural 
design, specifications, and plans, including 
consideration of the depth, velocity, and duration of 
flooding and type and permeability of soils at the 
building site, and certify that the basement design and 
methods of construction proposed are in accordance 
with accepted standards of practice for meeting the 
provisions of this paragraph; 
(v) Be inspected by the building inspector or other 
authorized representative of the community to verify 
that the structure is built according to its design and 
those provisions of this section which are verifiable. 
[41 FR 46975, Oct. 26, 1976. Redesignated at 44 FR 
31177, May 31, 1979, as amended at 48 FR 44543 
and 44552, Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984; 
50 FR 36025, Sept. 4, 1985; 51 FR 30308, Aug. 25, 
1986; 54 FR 33550, Aug. 15, 1989] 
§ 60.7 Revisions of criteria for flood plain 
management regulations. 

From time to time part 60 may be revised as 
experience is acquired under the Program and new 
information becomes available. Communities will be 
given six months from the effective date of any new 
regulation to revise their flood plain management 
regulations to comply with any such changes. 

§ 60.8 Definitions. 

The definitions set forth in part 59 of this subchapter 
are applicable to this part. 

Subpart B--Requirements for State Flood Plain 
Management Regulations 

§ 60.11 Purpose of this subpart. 

(a) A State is considered a ``community'' pursuant to 
Sec. 59.1 of this subchapter; and, accordingly, the 
Act provides that flood insurance shall not be sold or 
renewed under the Program unless a community has 
adopted adequate flood plain management regulations 
consistent with criteria established by the 
Administrator. 
(b) This subpart sets forth the flood plain 
management criteria required for State-owned 
properties located within special hazard areas 
identified by the Administrator. A State shall satisfy 
such criteria as a condition to the purchase of a 
Standard Flood Insurance Policy for a State-owned 
structure or its contents, or as a condition to the 
approval by the Administrator, pursuant to part 75 of 
this subchapter, of its plan of self-insurance. 
[41 FR 46975, Oct. 26, 1976. Redesignated at 44 FR 
31177, May 31, 1979, as amended at 48 FR 44552, 
Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984] 
§ 60.12 Flood plain management criteria for 
State-owned properties in special hazard areas. 

(a) The State shall comply with the minimum flood 
plain management criteria set forth in Sec.Sec. 60.3, 
60.4, and 60.5. A State either shall: 
(1) Comply with the flood plain management 
requirements of all local communities participating in 
the program in which State-owned properties are 
located; or(2) Establish and enforce flood plain 
management regulations which, at a minimum, 
satisfy the criteria set forth in Sec. 60.3, 60.4, and 
60.5. 

(b) The procedures by which a state government 
adopts and administers flood plain management 
regulations satisfying the criteria set forth in Sec. 
60.3, 60.4 and 60.5 may vary from the procedures by 
which local governments satisfy the criteria. 
(c) If any State-owned property is located in a nonparticipating local community, then the State shall 
comply with the requirements of paragraph (a)(2) of 
this section for the property. 
§ Sec. 60.13 Noncompliance. 

If a State fails to submit adequate flood plain 
management regulations applicable to State-owned 
properties pursuant to Sec. 60.12 within six months 
of the effective date of this regulation, or fails to 
adequately enforce such regulations, the State shall 
be subject to suspensive action pursuant to Sec. 

59.24. Where the State fails to adequately enforce its 
flood plain management regulations, the 
Administrator shall conduct a hearing before 
initiating such suspensive action. 
[41 FR 46975, Oct. 26, 1976. Redesignated at 44 
FR 31177, May 31, 1979, as amended at 48 FR 
44552, Sept. 29, 1983; 49 FR 4751, Feb. 8, 
1984] 
NFIP Regulations E-25 


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. 

The purpose of this subpart is to encourage the 
formation and adoption of overall comprehensive 
management plans for flood-prone, mudslide (i.e., 
mudflow)-prone and flood-related erosion-prone 
areas. While adoption by a community of the 
standards in this subpart is not mandatory, the 
community shall completely evaluate these standards. 

§ 60.22 Planning considerations for flood-prone 
areas. 

(a) The flood plain management regulations adopted 
by a community for flood-prone areas should: 
(1) Permit only that development of flood-prone 
areas which (i) is appropriate in light of the 
probability of flood damage and the need to reduce 
flood losses, (ii) is an acceptable social and economic 
use of the land in relation to the hazards involved, 
and (iii) does not increase the danger to human life; 
(2) Prohibit nonessential or improper installation of 
public utilities and public facilities in flood-prone 
areas. 
(b) In formulating community development goals 
after the occurrence of a flood disaster, each 
community shall consider-- 
(1) Preservation of the flood-prone areas for open 
space purposes; 
(2) Relocation of occupants away from flood-prone 
areas; 
(3) Acquisition of land or land development rights for 
public purposes consistent with a policy of 
minimization of future property losses; 
(4) Acquisition of frequently flood-damaged 
structures; 
(c) In formulating community development goals and 
in adopting flood plain management regulations, each 
community shall consider at least the following 
factors--
(1) Human safety; 
(2) Diversion of development to areas safe from 
flooding in light of the need to reduce flood damages 
and in light of the need to prevent environmentally 
incompatible flood plain use; 
(3) Full disclosure to all prospective and interested 
parties (including but not limited to purchasers and 
renters) that 
(i) certain structures are located within flood-prone 
areas, 
(ii) variances have been granted for certain structures 
located within flood-prone areas, and 
(iii) premium rates applied to new structures built at 
elevations below the base flood substantially increase 
as the elevation decreases; 
(4) Adverse effects of flood plain development on 
existing development; 
(5) Encouragement of floodproofing to reduce flood 
damage; 
(6) Flood warning and emergency preparedness 
plans; 
(7) Provision for alternative vehicular access and 
escape routes when normal routes are blocked or 
destroyed by flooding; 
(8) Establishment of minimum floodproofing and 
access requirements for schools, hospitals, nursing 
homes, orphanages, penal institutions, fire stations, 
police stations, communications centers, water and 
sewage pumping stations, and other public or quasi-
public facilities already located in the flood-prone 
area, to enable them to withstand flood damage, and 
to facilitate emergency operations; 
(9) Improvement of local drainage to control 
increased runoff that might increase the danger of 
flooding to other properties; 
(10) Coordination of plans with neighboring 
community's flood plain management programs; 
(11) The requirement that all new construction and 
substantial improvements in areas subject to 
subsidence be elevated above the base flood level 
equal to expected subsidence for at least a ten year 
period; 
(12) For riverine areas, requiring subdividers to 
furnish delineations for floodways before approving a 
subdivision; 
(13) Prohibition of any alteration or relocation of a 
watercourse, except as part of an overall drainage 
basin plan. In the event of an overall drainage basin 
plan, provide that the flood carrying capacity within 
the altered or relocated portion of the watercourse is 
maintained; 
(14) Requirement of setbacks for new construction 
within Zones V1-30, VE, and V on a community's 
FIRM; 
(15) Requirement of additional elevation above the 
base flood level for all new construction and 
substantial improvements within Zones A1-30, AE, 
V1-30, and VE on the community's FIRM to protect 
against such occurrences as wave wash and floating 
NFIP Regulations E-26 


debris, to provide an added margin of safety against 
floods having a magnitude greater than the base 
flood, or to compensate for future urban 
development; 

(16) Requirement of consistency between state, 
regional and local comprehensive plans and flood 
plain management programs; 
(17) Requirement of pilings or columns rather than 
fill, for the elevation of structures within flood-prone 
areas, in order to maintain the storage capacity of the 
flood plain and to minimize the potential for negative 
impacts to sensitive ecological areas; 
(18) Prohibition, within any floodway or coastal high 
hazard area, of plants or facilities in which hazardous 
substances are manufactured. 
(19) Requirement that a plan for evacuating residents 
of all manufactured home parks or subdivisions 
located within flood prone areas be developed and 
filed with and approved by appropriate community 
emergency management authorities. [41 FR 46975, 
Oct. 26, 1976. Redesignated at 44 FR 31177, May 31, 
1979, as amended at 50 FR 36025, Sept. 4, 1985; 54 
FR 40284, Sept. 29, 1989] 
§ 60.23 Planning considerations for mud slide 
(i.e., mudflow)-prone areas. 

The planning process for communities identified 
under part 65 of this subchapter as containing Zone 
M, or which indicate in their applications for flood 
insurance pursuant to Sec. 59.22 of this subchapter 
that they have mudslide (i.e., mudflow) areas, should 
include--

(a) The existence and extent of the hazard; 
(b) The potential effects of inappropriate hillside 
development, including 
(1) Loss of life and personal injuries, and 
(2) Public and private property losses, costs, 
liabilities, and exposures resulting from potential 
mudslide (i.e., mudflow) hazards; 
(c) The means of avoiding the hazard including the 
(1) availability of land which is not mudslide (i.e., 
mudflow)-prone and the feasibility of developing 
such land instead of further encroaching upon 
mudslide (i.e., mudflow) areas, (2) possibility of 
public acquisition of land, easements, and 
development rights to assure the proper development 
of hillsides, and 
(3) advisability of preserving mudslide (i.e., 
mudflow) areas as open space; 
(d) The means of adjusting to the hazard, including 
the (1) establishment by ordinance of site exploration, 
investigation, design, grading, construction, filing, 
compacting, foundation, sewerage, drainage, 
subdrainage, planting, inspection and maintenance 
standards and requirements that promote proper land 
use, and 

(2) provision for proper drainage and subdrainage on 
public property and the location of public utilities and 
service facilities, such as sewer, water, gas and 
electrical systems and streets in a manner designed to 
minimize exposure to mudslide (i.e., mudflow) 
hazards and prevent their aggravation; 
(e) Coordination of land use, sewer, and drainage 
regulations and ordinances with fire prevention, flood 
plain, mudslide (i.e., mudflow), soil, land, and water 
regulation in neighboring communities; 
(f) Planning subdivisions and other developments in 
such a manner as to avoid exposure to mudslide (i.e., 
mudflow) hazards and the control of public facility 
and utility extension to discourage inappropriate 
development; 
(g) Public facility location and design requirements 
with higher site stability and access standards for 
schools, hospitals, nursing homes, orphanages, 
correctional and other residential institutions, fire and 
police stations, communication centers, electric 
power transformers and substations, water and sewer 
pumping stations and any other public or quasi-public 
institutions located in the mudslide (i.e., mudflow) 
area to enable them to withstand mudslide (i.e., 
mudflow) damage and to facilitate emergency 
operations; and 
(h) Provision for emergencies, including: 
(1) Warning, evacuation, abatement, and access 
procedures in the event of mudslide (i.e., mudflow), 
(2) Enactment of public measures and initiation of 
private procedures to limit danger and damage from 
continued or future mudslides (i.e., mudflow), 
(3) Fire prevention procedures in the event of the 
rupture of gas or electrical distribution systems by 
mudslides, 
(4) Provisions to avoid contamination of water 
conduits or deterioration of slope stability by the 
rupture of such systems, 
(5) Similar provisions for sewers which in the event 
of rupture pose both health and site stability hazards 
and 
(6) Provisions for alternative vehicular access and 
escape routes when normal routes are blocked or 
destroyed by mudslides (i.e., mudflow); 
(i) The means for assuring consistency between state, 
areawide, and local comprehensive plans with the 
plans developed for mudslide (i.e., mudflow)-prone 
areas; 
NFIP Regulations E-27 


(j) Deterring the nonessential installation of public 
utilities and public facilities in mudslide (i.e., 
mudflow)-prone areas. 
§ 60.24 Planning considerations for flood-related 
erosion-prone areas. 

The planning process for communities identified 
under part 65 of this subchapter as containing Zone E 
or which indicate in their applications for flood 
insurance coverage pursuant to Sec. 

59.22 of this subchapter that they have flood-related 
erosion areas should include-- 
(a) The importance of directing future developments 
to areas not exposed to flood-related erosion; 
(b) The possibility of reserving flood-related erosion-
prone areas for open space purposes; 
(c) The coordination of all planning for the flood-
related erosion-prone areas with planning at the State 
and Regional levels, and with planning at the level of 
neighboring communities; 
(d) Preventive action in E zones, including setbacks, 
shore protection works, relocating structures in the 
path of flood-related erosion, and community 
acquisition of flood-related erosion-prone properties 
for public purposes; 
(e) Consistency of plans for flood-related erosion-
prone areas with comprehensive plans at the state, 
regional and local levels. 
§ 60.25 Designation, duties, and responsibilities of 
State Coordinating Agencies. 

(a) States are encouraged to demonstrate a 
commitment to the minimum flood plain 
management criteria set forth in Sec.Sec. 60.3, 60.4, 
and 60.5 as evidenced by the designation of an 
agency of State government to be responsible for 
coordinating the Program aspects of flood plain 
management in the State. 
(b) State participation in furthering the objectives of 
this part shall include maintaining capability to 
perform the appropriate duties and responsibilities as 
follows: 
(1) Enact, whenever necessary, legislation enabling 
counties and municipalities to regulate development 
within flood-prone areas; 
(2) Encourage and assist communities in qualifying 
for participation in the Program; 
(3) Guide and assist county and municipal public 
bodies and agencies in developing, implementing, 
and maintaining local flood plain management 
regulations; 
(4) Provide local governments and the general public 
with Program information on the coordination of 
local activities with Federal and State requirements 
for managing flood-prone areas; 

(5) Assist communities in disseminating information 
on minimum elevation requirements for development 
within flo