[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: 44CFR65.12]



[Page 350]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

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

                                SECURITY

 

PART 65_IDENTIFICATION AND MAPPING OF SPECIAL HAZARD AREAS--Table of 

Contents

 

Sec. 65.12  Revision of flood insurance rate maps to reflect base flood 

elevations caused by proposed encroachments.



    (a) When a community proposes to permit encroachments upon the flood 

plain when a regulatory floodway has not been adopted or to permit 

encroachments upon an adopted regulatory floodway which will cause base 

flood elevation increases in excess of those permitted under paragraphs 

(c)(10) or (d)(3) of Sec. 60.3 of this subchapter, the community shall 

apply to the Administrator for conditional approval of such action prior 

to permitting the encroachments to occur and shall submit the following 

as part of its application:

    (1) A request for conditional approval of map change and the 

appropriate initial fee as specified by Sec. 72.3 of this subchapter or 

a request for exemption from fees as specified by Sec. 72.5 of this 

subchapter, whichever is appropriate;

    (2) An evaluation of alternatives which would not result in a base 

flood elevation increase above that permitted under paragraphs (c)(10) 

or (d)(3) of Sec. 60.3 of this subchapter demonstrating why these 

alternatives are not feasible;

    (3) Documentation of individual legal notice to all impacted 

property owners within and outside of the community, explaining the 

impact of the proposed action on their property.

    (4) Concurrence of the Chief Executive Officer of any other 

communities impacted by the proposed actions;

    (5) Certification that no structures are located in areas which 

would be impacted by the increased base flood elevation;

    (6) A request for revision of base flood elevation determination 

according to the provisions of Sec. 65.6 of this part;

    (7) A request for floodway revision in accordance with the 

provisions of Sec. 65.7 of this part;

    (b) Upon receipt of the Administrator's conditional approval of map 

change and prior to approving the proposed encroachments, a community 

shall provide evidence to the Administrator of the adoption of flood 

plain management ordinances incorporating the increased base flood 

elevations and/or revised floodway reflecting the post-project 

condition.

    (c) Upon completion of the proposed encroachments, a community shall 

provide as-built certifications in accordance with the provisions of 

Sec. 65.3 of this part. The Administrator will initiate a final map 

revision upon receipt of such certifications in accordance with part 67 

of this subchapter.



[53 FR 16279, May 6, 1988]