[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: 44CFR60.22]



[Page 263-264]

 

              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 C_Additional Considerations in Managing Flood-Prone, Mudslide 

       (i.e., Mudflow)-Prone and Flood-Related Erosion-Prone Areas

 

Sec. 60.22  Planning considerations for flood-prone areas.



    (a) The flood plain management regulations adopted by a community 

for flood-prone areas should:

    (1) Permit only that development of flood-prone areas which (i) is 

appropriate in light of the probability of flood damage and the need to 

reduce flood losses, (ii) is an acceptable social and economic use of 

the land in relation to the hazards involved, and (iii) does not 

increase the danger to human life;

    (2) Prohibit nonessential or improper installation of public 

utilities and public facilities in flood-prone areas.

    (b) In formulating community development goals after the occurrence 

of a flood disaster, each community shall consider--

    (1) Preservation of the flood-prone areas for open space purposes;

    (2) Relocation of occupants away from flood-prone areas;

    (3) Acquisition of land or land development rights for public 

purposes consistent with a policy of minimization of future property 

losses;

    (4) Acquisition of frequently flood-damaged structures;

    (c) In formulating community development goals and in adopting flood 

plain management regulations, each community shall consider at least the 

following factors--

    (1) Human safety;

    (2) Diversion of development to areas safe from flooding in light of 

the need to reduce flood damages and in light of the need to prevent 

environmentally incompatible flood plain use;

    (3) Full disclosure to all prospective and interested parties 

(including but not limited to purchasers and renters) that (i) certain 

structures are located within flood-prone areas, (ii) variances have 

been granted for certain structures located within flood-prone areas, 

and (iii) premium rates applied to new structures built at elevations 

below the base flood substantially increase as the elevation decreases;

    (4) Adverse effects of flood plain development on existing 

development;

    (5) Encouragement of floodproofing to reduce flood damage;

    (6) Flood warning and emergency preparedness plans;

    (7) Provision for alternative vehicular access and escape routes 

when normal routes are blocked or destroyed by flooding;

    (8) Establishment of minimum floodproofing and access requirements 

for schools, hospitals, nursing homes, orphanages, penal institutions, 

fire stations, police stations, communications centers, water and sewage 

pumping stations, and other public or quasi-public facilities already 

located in the flood-prone area, to enable them to withstand flood 

damage, and to facilitate emergency operations;

    (9) Improvement of local drainage to control increased runoff that 

might increase the danger of flooding to other properties;

    (10) Coordination of plans with neighboring community's flood plain 

management programs;

    (11) The requirement that all new construction and substantial 

improvements in areas subject to subsidence be elevated above the base 

flood level equal to expected subsidence for at least a ten year period;

    (12) For riverine areas, requiring subdividers to furnish 

delineations for



[[Page 264]]



floodways before approving a subdivision;

    (13) Prohibition of any alteration or relocation of a watercourse, 

except as part of an overall drainage basin plan. In the event of an 

overall drainage basin plan, provide that the flood carrying capacity 

within the altered or relocated portion of the watercourse is 

maintained;

    (14) Requirement of setbacks for new construction within Zones V1-

30, VE, and V on a community's FIRM;

    (15) Requirement of additional elevation above the base flood level 

for all new construction and substantial improvements within Zones A1-

30, AE, V1-30, and VE on the community's FIRM to protect against such 

occurrences as wave wash and floating debris, to provide an added margin 

of safety against floods having a magnitude greater than the base flood, 

or to compensate for future urban development;

    (16) Requirement of consistency between state, regional and local 

comprehensive plans and flood plain management programs;

    (17) Requirement of pilings or columns rather than fill, for the 

elevation of structures within flood-prone areas, in order to maintain 

the storage capacity of the flood plain and to minimize the potential 

for negative impacts to sensitive ecological areas;

    (18) Prohibition, within any floodway or coastal high hazard area, 

of plants or facilities in which hazardous substances are manufactured.

    (19) Requirement that a plan for evacuating residents of all 

manufactured home parks or subdivisions located within flood prone areas 

be developed and filed with and approved by appropriate community 

emergency management authorities.



[41 FR 46975, Oct. 26, 1976. Redesignated at 44 FR 31177, May 31, 1979, 

as amended at 50 FR 36025, Sept. 4, 1985; 54 FR 40284, Sept. 29, 1989]