[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: 44CFR71.2]

[Page 365-366]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 
                                SECURITY
 
PART 71_IMPLEMENTATION OF COASTAL BARRIER LEGISLATION--Table of Contents
 
Sec. 71.2  Definitions.

    (a) Except as otherwise provided in this part, the definitions set 
forth in part 59 of this subchapter are applicable to this part.
    (b) For the purpose of this part, a structure located in an area 
identified as being in the Coastal Barrier Resources System (CBRS) both 
as of October 18, 1982, and as of November 16, 1990, is ``new 
construction'' unless it meets the following criteria:
    (1)(i) A legally valid building permit or equivalent documentation 
was obtained for the construction of such structure prior to October 18, 
1982; and
    (ii) The start of construction (see part 59) took place prior to 
October 18, 1982; or
    (2)(i) A legally valid building permit or equivalent documentation 
was obtained for the construction of such structure prior to October 1, 
1983; and
    (ii) The structure constituted an insurable building, having walls 
and a

[[Page 366]]

roof permanently in place no later than October 1, 1983.
    (c) For the purpose of this part, a structure located in an area 
newly identified as being in the CBRS as of November 16, 1990, is ``new 
construction'' unless it meets the following criteria:
    (1) A legally valid building permit or equivalent documentation was 
obtained for the construction of such structure prior to November 16, 
1990; and
    (2) The start of construction (see 44 CFR part 59) took place prior 
to November 16, 1990.
    (d) For the purpose of this part, a structure located in an 
``otherwise protected area'' is ``new construction'' unless it meets the 
following criteria:
    (1)(i) A legally valid building permit or equivalent documentation 
was obtained for the construction of such structure prior to November 
16, 1990; and
    (ii) The start of construction took place prior to November 16, 
1990; or
    (2)(i) A legally valid building permit or equivalent documentation 
was obtained for the construction of such structure prior to November 
16, 1991; and
    (ii) The structure constituted an insurable building, having walls 
and a roof permanently in place, no later than November 16, 1991.
    (e) For the purpose of this part, a structure located in an area 
identified as being in the CBRS both as of October 18, 1982, and as of 
November 16, 1990, is a ``substantial improvement'' if the substantial 
improvement (see 44 CFR part 59) of such structure took place on or 
after October 1, 1983.
    (f) For the purpose of this part, a structure located in an area 
newly identified as being in the CBRS as of November 16, 1990, is a 
``substantial improvement'' if the substantial improvement of such 
structure took place on or after November 16, 1990.
    (g) For the purpose of this part, a structure located in an 
``otherwise protected area'' is a ``substantial improvement'' if the 
substantial improvement of such structure took place after November 16, 
1991.
    (h) For the purpose of this part, a policy of flood insurance means 
a policy issued pursuant to the National Flood Insurance Act of 1968, as 
amended. This includes a policy issued directly by the Federal 
Government as well as by a private sector insurance company under the 
Write Your Own Program as authorized by 44 CFR part 62.
    (i) For the purpose of this part, new policy of flood insurance 
means a policy of flood insurance other than one issued by an insurer 
(Write Your Own insurer or the Federal Government as the direct insurer) 
effective upon the expiration of a prior policy of flood insurance 
issued by the same insurer without any lapse in coverage between these 
two policies.
    (j) For the purpose of this part, new flood insurance coverage means 
a new or renewed policy of flood insurance.
    (k) For the purpose of this part, otherwise protected area means an 
undeveloped coastal barrier within the boundaries of an area established 
under Federal, State, or local law, or held by a qualified organization, 
primarily for wildlife refuge, sanctuary, recreational, or natural 
resource conservation purposes and identified and depicted on the maps 
referred to in section 4(a) of the Coastal Barrier Resources Act, as 
amended by the Coastal Barrier Improvement Act of 1990, as an area that 
is:
    (1) Not within the CBRS and
    (2) In an ``otherwise protected area.''

[48 FR 37039, Aug. 16, 1983, as amended at 49 FR 33879, Aug. 27, 1984; 
57 FR 22661, May 29, 1992]