[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: 44CFR60.1] [Page 250-251] 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. 60.1 Purpose of subpart. Subpart A_Requirements for Flood Plain Management Regulations Sec. 60.1 Purpose of subpart. [[Page 251]] 60.2 Minimum compliance with flood plain management criteria. 60.3 Flood plain management criteria for flood-prone areas. 60.4 Flood plain management criteria for mudslide (i.e., mudflow)-prone areas. 60.5 Flood plain management criteria for flood-related erosion-prone areas. 60.6 Variances and exceptions. 60.7 Revisions of criteria for flood plain management regulations. 60.8 Definitions. Subpart B_Requirements for State Flood Plain Management Regulations 60.11 Purpose of this subpart. 60.12 Flood plain management criteria for State-owned properties in special hazard areas. 60.13 Noncompliance. Subpart C_Additional Considerations in Managing Flood-Prone, Mudslide (i.e., Mudflow)-Prone, and Flood-Related Erosion-Prone Areas 60.21 Purpose of this subpart. 60.22 Planning considerations for flood-prone areas. 60.23 Planning considerations for mudslide (i.e., mudflow)-prone areas. 60.24 Planning considerations for flood-related erosion-prone areas. 60.25 Designation, duties, and responsibilities of State Coordinating Agencies. 60.26 Local coordination. Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; E.O. 12127 of Mar. 31, 1979, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. Source: 41 FR 46975, Oct. 26, 1976, unless otherwise noted. Redesignated at 44 FR 31177, May 31, 1979. (a) The Act provides that flood insurance shall not be sold or renewed under the program within a community, unless the community has adopted adequate flood plain management regulations consistent with Federal criteria. Responsibility for establishing such criteria is delegated to the Administrator. (b) This subpart sets forth the criteria developed in accordance with the Act by which the Administrator will determine the adequacy of a community's flood plain management regulations. These regulations must be legally-enforceable, applied uniformly throughout the community to all privately and publicly owned land within flood-prone, mudslide (i.e., mudflow) or flood-related erosion areas, and the community must provide that the regulations take precedence over any less restrictive conflicting local laws, ordinances or codes. Except as otherwise provided in Sec. 60.6, the adequacy of such regulations shall be determined on the basis of the standards set forth in Sec. 60.3 for flood-prone areas, Sec. 60.4 for mudslide areas and Sec. 60.5 for flood-related erosion areas. (c) Nothing in this subpart shall be construed as modifying or replacing the general requirement that all eligible communities must take into account flood, mudslide (i.e., mudflow) and flood-related erosion hazards, to the extent that they are known, in all official actions relating to land management and use. (d) The criteria set forth in this subpart are minimum standards for the adoption of flood plain management regulations by flood-prone, mudslide (i.e., mudflow)-prone and flood-related erosion-prone communities. Any community may exceed the minimum criteria under this part by adopting more comprehensive flood plain management regulations utilizing the standards such as contained in subpart C of this part. In some instances, community officials may have access to information or knowledge of conditions that require, particularly for human safety, higher standards than the minimum criteria set forth in subpart A of this part. Therefore, any flood plain management regulations adopted by a State or a community which are more restrictive than the criteria set forth in this part are encouraged and shall take precedence. [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]