[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: 44CFR65.12]

[Page 350]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 
                                SECURITY
 
PART 65_IDENTIFICATION AND MAPPING OF SPECIAL HAZARD AREAS--Table of Contents
 
Sec. 65.12  Revision of flood insurance rate maps to reflect base flood 
elevations caused by proposed encroachments.

    (a) When a community proposes to permit encroachments upon the flood 
plain when a regulatory floodway has not been adopted or to permit 
encroachments upon an adopted regulatory floodway which will cause base 
flood elevation increases in excess of those permitted under paragraphs 
(c)(10) or (d)(3) of Sec. 60.3 of this subchapter, the community shall 
apply to the Administrator for conditional approval of such action prior 
to permitting the encroachments to occur and shall submit the following 
as part of its application:
    (1) A request for conditional approval of map change and the 
appropriate initial fee as specified by Sec. 72.3 of this subchapter or 
a request for exemption from fees as specified by Sec. 72.5 of this 
subchapter, whichever is appropriate;
    (2) An evaluation of alternatives which would not result in a base 
flood elevation increase above that permitted under paragraphs (c)(10) 
or (d)(3) of Sec. 60.3 of this subchapter demonstrating why these 
alternatives are not feasible;
    (3) Documentation of individual legal notice to all impacted 
property owners within and outside of the community, explaining the 
impact of the proposed action on their property.
    (4) Concurrence of the Chief Executive Officer of any other 
communities impacted by the proposed actions;
    (5) Certification that no structures are located in areas which 
would be impacted by the increased base flood elevation;
    (6) A request for revision of base flood elevation determination 
according to the provisions of Sec. 65.6 of this part;
    (7) A request for floodway revision in accordance with the 
provisions of Sec. 65.7 of this part;
    (b) Upon receipt of the Administrator's conditional approval of map 
change and prior to approving the proposed encroachments, a community 
shall provide evidence to the Administrator of the adoption of flood 
plain management ordinances incorporating the increased base flood 
elevations and/or revised floodway reflecting the post-project 
condition.
    (c) Upon completion of the proposed encroachments, a community shall 
provide as-built certifications in accordance with the provisions of 
Sec. 65.3 of this part. The Administrator will initiate a final map 
revision upon receipt of such certifications in accordance with part 67 
of this subchapter.

[53 FR 16279, May 6, 1988]