[Code of Federal Regulations]
[Title 24, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR55.25]

[Page 403-404]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
PART 55_FLOODPLAIN MANAGEMENT--Table of Contents
 
 Subpart C_Procedures for Making Determinations on Floodplain Management
 
Sec. 55.25  Areawide compliance.

    (a) A HUD-approved areawide compliance process may be substituted 
for individual compliance or aggregated compliance under Sec. 55.24 
where a series of individual actions is proposed or contemplated in a 
pertinent area for HUD's examination of floodplain hazards. In areawide 
compliances, the area for examination may include a sector of, or the 
entire, floodplain--as relevant to the proposed or anticipated actions. 
The areawide compliance process shall be in accord with the decision 
making process under Sec. 55.20.
    (b) The areawide compliance process shall address the relevant 
executive orders and shall consider local land use planning and 
development controls (e.g., those enforced by the community for purposes 
of floodplain management under the National Flood Insurance Program 
(NFIP)) and applicable state programs for floodplain management. The 
process shall include the development and publication of a strategy that 
identifies the range of development and mitigation measures under which 
the proposed HUD assistance may be approved and that indicates the types 
of actions that will not be approved in the floodplain.
    (c) Individual actions that fit within the types of proposed HUD 
actions specifically addressed under the areawide compliance do not 
require further compliance with Sec. 55.20 except that a determination 
by the Department or a grant recipient subject to 24 CFR part 58 shall 
be made concerning whether the individual action accords with the 
areawide strategy. Where the individual action does not accord with the

[[Page 404]]

areawide strategy, specific development and mitigation measures shall be 
prescribed as a condition of HUD's approval of the individual action.
    (d) Areawide compliance under the procedures of this section is 
subject to the following provisions: (1) It shall be initiated by HUD 
through a formal agreement of understanding with affected local 
governments concerning mutual responsibilities governing the 
preparation, issuance, implementation, and enforcement of the areawide 
strategy;
    (2) It may be performed jointly with one or more Federal departments 
or agencies, or grant recipients subject to 24 CFR part 58 that serve as 
the responsible Federal official;
    (3) It shall establish mechanisms to ensure that: (i) The terms of 
approval of individual actions (e.g., concerning structures and 
facilities) will be consistent with the areawide strategy;
    (ii) The controls set forth in the areawide strategy are implemented 
and enforced in a timely manner; and
    (iii) Where necessary, mitigation for individual actions will be 
established as a condition of approval.
    (4) An open scoping process (in accordance with 40 CFR 1501.7) shall 
be used for determining the scope of issues to be addressed and for 
identifying significant issues related to housing and community 
development for the floodplain;
    (5) Federal, state and local agencies with expertise in floodplain 
management, flood evacuation preparedness, land use planning and 
building regulation, or soil and natural resource conservation shall be 
invited to participate in the scoping process and to provide advice and 
comments; and
    (6) Eligibility for participation in and the use of the areawide 
compliance must be limited to communities that are in the Regular 
Program of the National Flood Insurance Program and in good standing 
(i.e., not suspended from program eligibility or placed on probation 
under 44 CFR 59.24), thereby demonstrating a capacity for and commitment 
to floodplain management standards sufficient to perform 
responsibilities under this part.
    (7) An expiration date (not to exceed ten years from the date of the 
formal adoption by the local governments) for HUD approval of areawide 
compliance under this part must be stated in the agreement between the 
local governments and HUD. In conjunction with the setting of an 
expiration date, a mechanism for HUD's reevaluation of the 
appropriateness of areawide compliance must be provided in the 
agreement.