[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR60.5]

[Page 259-260]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 
                                SECURITY
 
PART 60_CRITERIA FOR LAND MANAGEMENT AND USE--Table of Contents
 
      Subpart A_Requirements for Flood Plain Management Regulations
 
Sec. 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 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

[[Page 260]]

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]