[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR65.5]

[Page 340-341]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
             CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY
 
PART 65--IDENTIFICATION AND MAPPING OF SPECIAL HAZARD AREAS--Table of Contents
 
Sec. 65.5  Revision to special hazard area boundaries with no change to base flood elevation determinations.

    (a) Data requirements for topographic changes. In many areas of 
special flood hazard (excluding V zones and floodways) it may be 
feasible to elevate areas with engineered earthen fill above the base 
flood elevation. Scientific and technical information to support a 
request to gain exclusion from an area of special flood hazard of a 
structure or parcel of land that has been elevated by the placement of 
engineered earthen fill will include the following:
    (1) A copy of the recorded deed indicating the legal description of 
the property and the official recordation information (deed book volume 
and page number) and bearing the seal of the appropriate recordation 
official (e.g., County Clerk or Recorder of Deeds).
    (2) If the property is recorded on a plat map, a copy of the 
recorded plat indicating both the location of the property and the 
official recordation information (plat book volume and page number) and 
bearing the seal of the appropriate recordation official. If the 
property is not recorded on a plat map, FEMA requires copies of the tax 
map or other suitable maps to help in locating the property accurately.
    (3) A topographic map or other information indicating existing 
ground elevations and the date of fill. FEMA's determination to exclude 
a legally defined parcel of land or a structure from the area of special 
flood hazard will be based upon a comparison of the base flood 
elevations to the lowest ground elevation of the parcel or the lowest 
adjacent grade to the structure. If the lowest ground elevation of the 
entire legally defined parcel of land or the lowest adjacent grade to 
the structure are at or above the elevations of the base flood, FEMA 
will exclude the parcel and/or structure from the area of special flood 
hazard.
    (4) Written assurance by the participating community that they have 
complied with the appropriate minimum floodplain management requirements 
under Sec. 60.3. This includes the requirements that:

[[Page 341]]

    (i) Existing residential structures built in the SFHA have their 
lowest floor elevated to or above the base flood;
    (ii) The participating community has determined that the land and 
any existing or proposed structures to be removed from the SFHA are 
``reasonably safe from flooding'', and that they have on file, available 
upon request by FEMA, all supporting analyses and documentation used to 
make that determination;
    (iii) The participating community has issued permits for all 
existing and proposed construction or other development; and
    (iv) All necessary permits have been received from those 
governmental agencies where approval is required by Federal, State, or 
local law.
    (5) If the community cannot assure that it has complied with the 
appropriate minimum floodplain management requirements under Sec. 60.3, 
of this chapter, the map revision request will be deferred until the 
community remedies all violations to the maximum extent possible through 
coordination with FEMA. Once the remedies are in place, and the 
community assures that the land and structures are ``reasonably safe 
from flooding,'' we will process a revision to the SFHA using the 
criteria set forth in Sec. 65.5(a). The community must maintain on file, 
and make available upon request by FEMA, all supporting analyses and 
documentation used in determining that the land or structures are 
``reasonably safe from flooding.''
    (6) Data to substantiate the base flood elevation. If we complete a 
Flood Insurance Study (FIS), we will use those data to substantiate the 
base flood elevation. Otherwise, the community may submit data provided 
by an authoritative source, such as the U.S. Army Corps of Engineers, 
U.S. Geological Survey, Natural Resources Conservation Service, State 
and local water resource departments, or technical data prepared and 
certified by a registered professional engineer. If base flood 
elevations have not previously been established, we may also request 
hydrologic and hydraulic calculations.
    (7) A revision of floodplain delineations based on fill must 
demonstrate that any such fill does not result in a floodway 
encroachment.
    (b) New topographic data. A community may also follow the procedures 
described in paragraphs (a)(1) through (6) of this section to request a 
map revision when no physical changes have occurred in the area of 
special flood hazard, when no fill has been placed, and when the natural 
ground elevations are at or above the elevations of the base flood, 
where new topographic maps are more detailed or more accurate than the 
current map.
    (c) Certification requirements. A registered professional engineer 
or licensed land surveyor must certify the items required in paragraphs 
(a)(3) and (6) and (b) of this section. Such certifications are subject 
to the provisions under Sec. 65.2.
    (d) Submission procedures. Submit all requests to the appropriate 
address serving the community's geographic area or to the FEMA 
Headquarters Office in Washington, DC.

[66 FR 22442, May 4, 2001]