[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: 44CFR60.3]



[Page 252-258]

 

              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. 60.3  Flood plain management criteria for flood-prone areas.



    The Administrator will provide the data upon which flood plain 

management regulations shall be based. If the Administrator has not 

provided sufficient data to furnish a basis for these regulations in a 

particular community, the community shall obtain, review and reasonably 

utilize data available from other Federal, State or other sources 

pending receipt of data from the Administrator. However, when special 

flood hazard area designations and water surface elevations have been 

furnished by the Administrator, they shall apply. The symbols defining 

such special flood hazard designations are set forth in Sec. 64.3 of 

this subchapter. In all cases the minimum requirements governing the 

adequacy of the flood plain management regulations for flood-prone areas 

adopted by a particular community depend on the amount of technical data 

formally provided to the community by the Administrator. Minimum 

standards for communities are as follows:

    (a) When the Administrator has not defined the special flood hazard 

areas within a community, has not provided water surface elevation data, 

and has not provided sufficient data to identify the floodway or coastal 

high hazard area, but the community has indicated



[[Page 253]]



the presence of such hazards by submitting an application to participate 

in the Program, the community shall:

    (1) Require permits for all proposed construction or other 

development in the community, including the placement of manufactured 

homes, so that it may determine whether such construction or other 

development is proposed within flood-prone areas;

    (2) Review proposed development to assure that all necessary permits 

have been received from those governmental agencies from which approval 

is required by Federal or State law, including section 404 of the 

Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334;

    (3) Review all permit applications to determine whether proposed 

building sites will be reasonably safe from flooding. If a proposed 

building site is in a flood-prone area, all new construction and 

substantial improvements shall (i) be designed (or modified) and 

adequately anchored to prevent flotation, collapse, or lateral movement 

of the structure resulting from hydrodynamic and hydrostatic loads, 

including the effects of buoyancy, (ii) be constructed with materials 

resistant to flood damage, (iii) be constructed by methods and practices 

that minimize flood damages, and (iv) be constructed with electrical, 

heating, ventilation, plumbing, and air conditioning equipment and other 

service facilities that are designed and/or located so as to prevent 

water from entering or accumulating within the components during 

conditions of flooding.

    (4) Review subdivision proposals and other proposed new development, 

including manufactured home parks or subdivisions, to determine whether 

such proposals will be reasonably safe from flooding. If a subdivision 

proposal or other proposed new development is in a flood-prone area, any 

such proposals shall be reviewed to assure that (i) all such proposals 

are consistent with the need to minimize flood damage within the flood-

prone area, (ii) all public utilities and facilities, such as sewer, 

gas, electrical, and water systems are located and constructed to 

minimize or eliminate flood damage, and (iii) adequate drainage is 

provided to reduce exposure to flood hazards;

    (5) Require within flood-prone areas new and replacement water 

supply systems to be designed to minimize or eliminate infiltration of 

flood waters into the systems; and

    (6) Require within flood-prone areas (i) new and replacement 

sanitary sewage systems to be designed to minimize or eliminate 

infiltration of flood waters into the systems and discharges from the 

systems into flood waters and (ii) onsite waste disposal systems to be 

located to avoid impairment to them or contamination from them during 

flooding.

    (b) When the Administrator has designated areas of special flood 

hazards (A zones) by the publication of a community's FHBM or FIRM, but 

has neither produced water surface elevation data nor identified a 

floodway or coastal high hazard area, the community shall:

    (1) Require permits for all proposed construction and other 

developments including the placement of manufactured homes, within Zone 

A on the community's FHBM or FIRM;

    (2) Require the application of the standards in paragraphs (a) (2), 

(3), (4), (5) and (6) of this section to development within Zone A on 

the community's FHBM or FIRM;

    (3) Require that all new subdivision proposals and other proposed 

developments (including proposals for manufactured home parks and 

subdivisions) greater than 50 lots or 5 acres, whichever is the lesser, 

include within such proposals base flood elevation data;

    (4) Obtain, review and reasonably utilize any base flood elevation 

and floodway data available from a Federal, State, or other source, 

including data developed pursuant to paragraph (b)(3) of this section, 

as criteria for requiring that new construction, substantial 

improvements, or other development in Zone A on the community's FHBM or 

FIRM meet the standards in paragraphs (c)(2), (c)(3), (c)(5), (c)(6), 

(c)(12), (c)(14), (d)(2) and (d)(3) of this section;

    (5) Where base flood elevation data are utilized, within Zone A on 

the community's FHBM or FIRM:

    (i) Obtain the elevation (in relation to mean sea level) of the 

lowest floor



[[Page 254]]



(including basement) of all new and substantially improved structures, 

and

    (ii) Obtain, if the structure has been floodproofed in accordance 

with paragraph (c)(3)(ii) of this section, the elevation (in relation to 

mean sea level) to which the structure was floodproofed, and

    (iii) Maintain a record of all such information with the official 

designated by the community under Sec. 59.22 (a)(9)(iii);

    (6) Notify, in riverine situations, adjacent communities and the 

State Coordinating Office prior to any alteration or relocation of a 

watercourse, and submit copies of such notifications to the 

Administrator;

    (7) Assure that the flood carrying capacity within the altered or 

relocated portion of any watercourse is maintained;

    (8) Require that all manufactured homes to be placed within Zone A 

on a community's FHBM or FIRM shall be installed using methods and 

practices which minimize flood damage. For the purposes of this 

requirement, manufactured homes must be elevated and anchored to resist 

flotation, collapse, or lateral movement. Methods of anchoring may 

include, but are not to be limited to, use of over-the-top or frame ties 

to ground anchors. This requirement is in addition to applicable State 

and local anchoring requirements for resisting wind forces.

    (c) When the Administrator has provided a notice of final flood 

elevations for one or more special flood hazard areas on the community's 

FIRM and, if appropriate, has designated other special flood hazard 

areas without base flood elevations on the community's FIRM, but has not 

identified a regulatory floodway or coastal high hazard area, the 

community shall:

    (1) Require the standards of paragraph (b) of this section within 

all A1-30 zones, AE zones, A zones, AH zones, and AO zones, on the 

community's FIRM;

    (2) Require that all new construction and substantial improvements 

of residential structures within Zones A1-30, AE and AH zones on the 

community's FIRM have the lowest floor (including basement) elevated to 

or above the base flood level, unless the community is granted an 

exception by the Administrator for the allowance of basements in 

accordance with Sec. 60.6 (b) or (c);

    (3) Require that all new construction and substantial improvements 

of non-residential structures within Zones A1-30, AE and AH zones on the 

community's firm (i) have the lowest floor (including basement) elevated 

to or above the base flood level or, (ii) together with attendant 

utility and sanitary facilities, be designed so that below the base 

flood level the structure is watertight with walls substantially 

impermeable to the passage of water and with structural components 

having the capability of resisting hydrostatic and hydrodynamic loads 

and effects of buoyancy;

    (4) Provide that where a non-residential structure is intended to be 

made watertight below the base flood level, (i) a registered 

professional engineer or architect shall develop and/or review 

structural design, specifications, and plans for the construction, and 

shall certify that the design and methods of construction are in 

accordance with accepted standards of practice for meeting the 

applicable provisions of paragraph (c)(3)(ii) or (c)(8)(ii) of this 

section, and (ii) a record of such certificates which includes the 

specific elevation (in relation to mean sea level) to which such 

structures are floodproofed shall be maintained with the official 

designated by the community under Sec. 59.22(a)(9)(iii);

    (5) Require, for all new construction and substantial improvements, 

that fully enclosed areas below the lowest floor that are usable solely 

for parking of vehicles, building access or storage in an area other 

than a basement and which are subject to flooding shall be designed to 

automatically equalize hydrostatic flood forces on exterior walls by 

allowing for the entry and exit of floodwaters. Designs for meeting this 

requirement must either be certified by a registered professional 

engineer or architect or meet or exceed the following minimum criteria: 

A minimum of two openings having a total net area of not less than one 

square inch for every square foot of enclosed area subject to flooding 

shall be provided. The bottom of all openings shall be no higher than 

one foot above grade. Openings



[[Page 255]]



may be equipped with screens, louvers, valves, or other coverings or 

devices provided that they permit the automatic entry and exit of 

floodwaters.

    (6) Require that manufactured homes that are placed or substantially 

improved within Zones A1-30, AH, and AE on the community's FIRM on sites

    (i) Outside of a manufactured home park or subdivision,

    (ii) In a new manufactured home park or subdivision,

    (iii) In an expansion to an existing manufactured home park or 

subdivision, or

    (iv) In an existing manufactured home park or subdivision on which a 

manufactured home has incurred ``substantial damage'' as the result of a 

flood, be elevated on a permanent foundation such that the lowest floor 

of the manufactured home is elevated to or above the base flood 

elevation and be securely anchored to an adequately anchored foundation 

system to resist floatation collapse and lateral movement.

    (7) Require within any AO zone on the community's FIRM that all new 

construction and substantial improvements of residential structures have 

the lowest floor (including basement) elevated above the highest 

adjacent grade at least as high as the depth number specified in feet on 

the community's FIRM (at least two feet if no depth number is 

specified);

    (8) Require within any AO zone on the community's FIRM that all new 

construction and substantial improvements of nonresidential structures 

(i) have the lowest floor (including basement) elevated above the 

highest adjacent grade at least as high as the depth number specified in 

feet on the community's FIRM (at least two feet if no depth number is 

specified), or (ii) together with attendant utility and sanitary 

facilities be completely floodproofed to that level to meet the 

floodproofing standard specified in Sec. 60.3(c)(3)(ii);

    (9) Require within any A99 zones on a community's FIRM the standards 

of paragraphs (a)(1) through (a)(4)(i) and (b)(5) through (b)(9) of this 

section;

    (10) Require until a regulatory floodway is designated, that no new 

construction, substantial improvements, or other development (including 

fill) shall be permitted within Zones A1-30 and AE on the community's 

FIRM, unless it is demonstrated that the cumulative effect of the 

proposed development, when combined with all other existing and 

anticipated development, will not increase the water surface elevation 

of the base flood more than one foot at any point within the community.

    (11) Require within Zones AH and AO, adequate drainage paths around 

structures on slopes, to guide floodwaters around and away from proposed 

structures.

    (12) Require that manufactured homes to be placed or substantially 

improved on sites in an existing manufactured home park or subdivision 

within Zones A-1-30, AH, and AE on the community's FIRM that are not 

subject to the provisions of paragraph (c)(6) of this section be 

elevated so that either

    (i) The lowest floor of the manufactured home is at or above the 

base flood elevation, or

    (ii) The manufactured home chassis is supported by reinforced piers 

or other foundation elements of at least equivalent strength that are no 

less than 36 inches in height above grade and be securely anchored to an 

adequately anchored foundation system to resist floatation, collapse, 

and lateral movement.

    (13) Notwithstanding any other provisions of Sec. 60.3, a community 

may approve certain development in Zones Al-30, AE, and AH, on the 

community's FIRM which increase the water surface elevation of the base 

flood by more than one foot, provided that the community first applies 

for a conditional FIRM revision, fulfills the requirements for such a 

revision as established under the provisions of Sec. 65.12, and 

receives the approval of the Administrator.

    (14) Require that recreational vehicles placed on sites within Zones 

A1-30, AH, and AE on the community's FIRM either

    (i) Be on the site for fewer than 180 consecutive days,

    (ii) Be fully licensed and ready for highway use, or

    (iii) Meet the permit requirements of paragraph (b)(1) of this 

section and the



[[Page 256]]



elevation and anchoring requirements for ``manufactured homes'' in 

paragraph (c)(6) of this section.



A recreational vehicle is ready for highway use if it is on its wheels 

or jacking system, is attached to the site only by quick disconnect type 

utilities and security devices, and has no permanently attached 

additions.

    (d) When the Administrator has provided a notice of final base flood 

elevations within Zones A1-30 and/or AE on the community's FIRM and, if 

appropriate, has designated AO zones, AH zones, A99 zones, and A zones 

on the community's FIRM, and has provided data from which the community 

shall designate its regulatory floodway, the community shall:

    (1) Meet the requirements of paragraphs (c) (1) through (14) of this 

section;

    (2) Select and adopt a regulatory floodway based on the principle 

that the area chosen for the regulatory floodway must be designed to 

carry the waters of the base flood, without increasing the water surface 

elevation of that flood more than one foot at any point;

    (3) Prohibit encroachments, including fill, new construction, 

substantial improvements, and other development within the adopted 

regulatory floodway unless it has been demonstrated through hydrologic 

and hydraulic analyses performed in accordance with standard engineering 

practice that the proposed encroachment would not result in any increase 

in flood levels within the community during the occurrence of the base 

flood discharge;

    (4) Notwithstanding any other provisions of Sec. 60.3, a community 

may permit encroachments within the adopted regulatory floodway that 

would result in an increase in base flood elevations, provided that the 

community first applies for a conditional FIRM and floodway revision, 

fulfills the requirements for such revisions as established under the 

provisions of Sec. 65.12, and receives the approval of the 

Administrator.

    (e) When the Administrator has provided a notice of final base flood 

elevations within Zones A1-30 and/or AE on the community's FIRM and, if 

appropriate, has designated AH zones, AO zones, A99 zones, and A zones 

on the community's FIRM, and has identified on the community's FIRM 

coastal high hazard areas by designating Zones V1-30, VE, and/or V, the 

community shall:

    (1) Meet the requirements of paragraphs (c)(1) through (14) of this 

section;

    (2) Within Zones V1-30, VE, and V on a community's FIRM, (i ) obtain 

the elevation (in relation to mean sea level) of the bottom of the 

lowest structural member of the lowest floor (excluding pilings and 

columns) of all new and substantially improved structures, and whether 

or not such structures contain a basement, and (ii) maintain a record of 

all such information with the official designated by the community under 

Sec. 59.22(a)(9)(iii);

    (3) Provide that all new construction within Zones V1-30, VE, and V 

on the community's FIRM is located landward of the reach of mean high 

tide;

    (4) Provide that all new construction and substantial improvements 

in Zones V1-30 and VE, and also Zone V if base flood elevation data is 

available, on the community's FIRM, are elevated on pilings and columns 

so that (i) the bottom of the lowest horizontal structural member of the 

lowest floor (excluding the pilings or columns) is elevated to or above 

the base flood level; and (ii) the pile or column foundation and 

structure attached thereto is anchored to resist flotation, collapse and 

lateral movement due to the effects of wind and water loads acting 

simultaneously on all building components. Water loading values used 

shall be those associated with the base flood. Wind loading values used 

shall be those required by applicable State or local building standards. 

A registered professional engineer or architect shall develop or review 

the structural design, specifications and plans for the construction, 

and shall certify that the design and methods of construction to be used 

are in accordance with accepted standards of practice for meeting the 

provisions of paragraphs (e)(4) (i) and (ii) of this section.

    (5) Provide that all new construction and substantial improvements 

within Zones V1-30, VE, and V on the community's FIRM have the space 

below the



[[Page 257]]



lowest floor either free of obstruction or constructed with non-

supporting breakaway walls, open wood lattice-work, or insect screening 

intended to collapse under wind and water loads without causing 

collapse, displacement, or other structural damage to the elevated 

portion of the building or supporting foundation system. For the 

purposes of this section, a breakway wall shall have a design safe 

loading resistance of not less than 10 and no more than 20 pounds per 

square foot. Use of breakway walls which exceed a design safe loading 

resistance of 20 pounds per square foot (either by design or when so 

required by local or State codes) may be permitted only if a registered 

professional engineer or architect certifies that the designs proposed 

meet the following conditions:

    (i) Breakaway wall collapse shall result from a water load less than 

that which would occur during the base flood; and,

    (ii) The elevated portion of the building and supporting foundation 

system shall not be subject to collapse, displacement, or other 

structural damage due to the effects of wind and water loads acting 

simultaneously on all building components (structural and non-

structural). Water loading values used shall be those associated with 

the base flood. Wind loading values used shall be those required by 

applicable State or local building standards.



Such enclosed space shall be useable solely for parking of vehicles, 

building access, or storage.

    (6) Prohibit the use of fill for structural support of buildings 

within Zones V1-30, VE, and V on the community's FIRM;

    (7) Prohibit man-made alteration of sand dunes and mangrove stands 

within Zones V1-30, VE, and V on the community's FIRM which would 

increase potential flood damage.

    (8) Require that manufactured homes placed or substantially improved 

within Zones V1-30, V, and VE on the community's FIRM on sites

    (i) Outside of a manufactured home park or subdivision,

    (ii) In a new manufactured home park or subdivision,

    (iii) In an expansion to an existing manufactured home park or 

subdivision, or

    (iv) In an existing manufactured home park or subdivision on which a 

manufactured home has incurred ``substantial damage'' as the result of a 

flood, meet the standards of paragraphs (e)(2) through (7) of this 

section and that manufactured homes placed or substantially improved on 

other sites in an existing manufactured home park or subdivision within 

Zones VI-30, V, and VE on the community's FIRM meet the requirements of 

paragraph (c)(12) of this section.

    (9) Require that recreational vehicles placed on sites within Zones 

V1-30, V, and VE on the community's FIRM either

    (i) Be on the site for fewer than 180 consecutive days,

    (ii) Be fully licensed and ready for highway use, or

    (iii) Meet the requirements in paragraphs (b)(1) and (e) (2) through 

(7) of this section.



A recreational vehicle is ready for highway use if it is on its wheels 

or jacking system, is attached to the site only by quick disconnect type 

utilities and security devices, and has no permanently attached 

additions.

    (f) When the Administrator has provided a notice of final base flood 

elevations within Zones A1-30 or AE on the community's FIRM, and, if 

appropriate, has designated AH zones, AO zones, A99 zones, and A zones 

on the community's FIRM, and has identified flood protection restoration 

areas by designating Zones AR, AR/A1-30, AR/AE, AR/AH, AR/AO, or AR/A, 

the community shall:

    (1) Meet the requirements of paragraphs (c)(1) through (14) and 

(d)(1) through (4) of this section.

    (2) Adopt the official map or legal description of those areas 

within Zones AR, AR/A1-30, AR/AE, AR/AH, AR/A, or AR/AO that are 

designated developed areas as defined in Sec. 59.1 in accordance with 

the eligibility procedures under Sec. 65.14.

    (3) For all new construction of structures in areas within Zone AR 

that are designated as developed areas and in other areas within Zone AR 

where the AR flood depth is 5 feet or less:



[[Page 258]]



    (i) Determine the lower of either the AR base flood elevation or the 

elevation that is 3 feet above highest adjacent grade; and

    (ii) Using this elevation, require the standards of paragraphs 

(c)(1) through (14) of this section.

    (4) For all new construction of structures in those areas within 

Zone AR that are not designated as developed areas where the AR flood 

depth is greater than 5 feet:

    (i) Determine the AR base flood elevation; and

    (ii) Using that elevation require the standards of paragraphs (c)(1) 

through (14) of this section.

    (5) For all new construction of structures in areas within Zone AR/

A1-30, AR/AE, AR/AH, AR/AO, and AR/A:

    (i) Determine the applicable elevation for Zone AR from paragraphs 

(a)(3) and (4) of this section;

    (ii) Determine the base flood elevation or flood depth for the 

underlying A1-30, AE, AH, AO and A Zone; and

    (iii) Using the higher elevation from paragraphs (a)(5)(i) and (ii) 

of this section require the standards of paragraphs (c)(1) through (14) 

of this section.

    (6) For all substantial improvements to existing construction within 

Zones AR/A1-30, AR/AE, AR/AH, AR/AO, and AR/A:

    (i) Determine the A1-30 or AE, AH, AO, or A Zone base flood 

elevation; and

    (ii) Using this elevation apply the requirements of paragraphs 

(c)(1) through (14) of this section.

    (7) Notify the permit applicant that the area has been designated as 

an AR, AR/A1-30, AR/AE, AR/AH, AR/AO, or AR/A Zone and whether the 

structure will be elevated or protected to or above the AR base flood 

elevation.



[41 FR 46975, Oct. 26, 1976]



    Editorial Note: For Federal Register citations affecting Sec. 60.3, 

see the List of CFR Sections Affected, which appears in the Finding Aids 

section of the printed volume and on GPO Access.