[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: 44CFR73.3]



[Page 372-373]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

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

                                SECURITY

 

PART 73_IMPLEMENTATION OF SECTION 1316 OF THE NATIONAL FLOOD INSURANCE 

ACT OF 1968--Table of Contents

 

Sec. 73.3  Denial of flood insurance coverage.



    (a) No new flood insurance shall be provided for any property which 

the Administrator finds has been declared by a duly constituted State or 

local zoning authority or other authorized public body, to be in 

violation of State or local laws, regulations or ordinances which are 

intended to discourage or otherwise restrict land development or 

occupancy in flood-prone areas.

    (b) New and renewal flood insurance shall be denied to a structure 

upon a



[[Page 373]]



finding by the Administrator of a valid declaration of a violation.

    (c) States and communities shall determine whether to submit a 

declaration to the Administrator for the denial of insurance.

    (d) A valid declaration shall consist of:

    (1) The name(s) of the property owner(s) and address or legal 

description of the property sufficient to confirm its identity and 

location;

    (2) A clear and unequivocal declaration that the property is in 

violation of a cited State or local law, regulation or ordinance;

    (3) A clear statement that the public body making the declaration 

has authority to do so and a citation to that authority;

    (4) Evidence that the property owner has been provided notice of the 

violation and the prospective denial of insurance; and

    (5) A clear statement that the declaration is being submitted 

pursuant to section 1316 of the National Flood Insurance Act of 1968, as 

amended.