[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 44CFR59.2]



[Page 244]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 

                                SECURITY

 

PART 59_GENERAL PROVISIONS--Table of Contents

 

                            Subpart A_General

 

Sec. 59.2  Description of program.



    (a) The National Flood Insurance Act of 1968 was enacted by title 

XIII of the Housing and Urban Development Act of 1968 (Pub. L. 90-448, 

August 1, 1968) to provide previously unavailable flood insurance 

protection to property owners in flood-prone areas. Mudslide (as defined 

in Sec. 59.1) protection was added to the Program by the Housing and 

Urban Development Act of 1969 (Pub. L. 91-152, December 24, 1969). 

Flood-related erosion (as defined in Sec. 59.1) protection was added to 

the Program by the Flood Disaster Protection Act of 1973 (Pub. L. 93-

234, December 31, 1973). The Flood Disaster Protection Act of 1973 

requires the purchase of flood insurance on and after March 2, 1974, as 

a condition of receiving any form of Federal or federally-related 

financial assistance for acquisition or construction purposes with 

respect to insurable buildings and mobile homes within an identified 

special flood, mudslide (i.e., mudflow), or flood-related erosion hazard 

area that is located within any community participating in the Program. 

The Act also requires that on and after July 1, 1975, or one year after 

a community has been formally notified by the Administrator of its 

identification as community containing one or more special flood, 

mudslide (i.e., mudflow), or flood-related erosion hazard areas, no such 

Federal financial assistance, shall be provided within such an area 

unless the community in which the area is located is then participating 

in the Program, subject to certain exceptions. See FIA published 

Guidelines at Sec. 59.4(c).

    (b) To qualify for the sale of federally-subsidized flood insurance 

a community must adopt and submit to the Administrator as part of its 

application, flood plain management regulations, satisfying at a minimum 

the criteria set forth at part 60 of this subchapter, designed to reduce 

or avoid future flood, mudslide (i.e., mudflow) or flood-related erosion 

damages. These regulations must include effective enforcement 

provisions.

    (c) Minimum requirements for adequate flood plain management 

regulations are set forth in Sec. 60.3 for flood-prone areas, in Sec. 

60.4 for mudslide (i.e., mudflow) areas and in Sec. 60.5 for flood-

related erosion areas. Those applicable requirements and standards are 

based on the amount of technical information available to the community.



[41 FR 46968, Oct. 26, 1976, as amended at 43 FR 7140, Feb. 17, 1978. 

Redesignated at 44 FR 31177, May 31, 1979, and amended at 48 FR 44552, 

Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984]