[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR55.25]



[Page 406-407]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 55_FLOODPLAIN MANAGEMENT--Table of Contents

 

 Subpart C_Procedures for Making Determinations on Floodplain Management

 

Sec.  55.25  Areawide compliance.



    (a) A HUD-approved areawide compliance process may be substituted 

for individual compliance or aggregated compliance under Sec.  55.24 

where a series of individual actions is proposed or contemplated in a 

pertinent area for HUD's examination of floodplain hazards. In areawide 

compliances, the area for examination may include a sector of, or the 

entire, floodplain--as relevant to the proposed or anticipated actions. 

The areawide compliance process shall be in accord with the decision 

making process under Sec.  55.20.

    (b) The areawide compliance process shall address the relevant 

executive orders and shall consider local land use planning and 

development controls (e.g., those enforced by the community for purposes 

of floodplain management under the National Flood Insurance Program 

(NFIP)) and applicable state programs for floodplain management. The 

process shall include the development and publication of a strategy that 

identifies the range of development and mitigation measures under which 

the proposed HUD assistance may be approved and that indicates the types 

of actions that will not be approved in the floodplain.

    (c) Individual actions that fit within the types of proposed HUD 

actions specifically addressed under the areawide compliance do not 

require further compliance with Sec.  55.20 except that a determination 

by the Department or a grant recipient subject to 24 CFR part 58 shall 

be made concerning whether the individual action accords with the 

areawide strategy. Where the individual action does not accord with the 

areawide strategy, specific development and mitigation measures shall be 

prescribed as a condition of HUD's approval of the individual action.

    (d) Areawide compliance under the procedures of this section is 

subject to the following provisions: (1) It shall be initiated by HUD 

through a formal agreement of understanding with affected local 

governments concerning mutual responsibilities governing the 

preparation, issuance, implementation, and enforcement of the areawide 

strategy;

    (2) It may be performed jointly with one or more Federal departments 

or agencies, or grant recipients subject to 24 CFR part 58 that serve as 

the responsible Federal official;

    (3) It shall establish mechanisms to ensure that: (i) The terms of 

approval of individual actions (e.g., concerning structures and 

facilities) will be consistent with the areawide strategy;

    (ii) The controls set forth in the areawide strategy are implemented 

and enforced in a timely manner; and

    (iii) Where necessary, mitigation for individual actions will be 

established as a condition of approval.

    (4) An open scoping process (in accordance with 40 CFR 1501.7) shall 

be used for determining the scope of



[[Page 407]]



issues to be addressed and for identifying significant issues related to 

housing and community development for the floodplain;

    (5) Federal, state and local agencies with expertise in floodplain 

management, flood evacuation preparedness, land use planning and 

building regulation, or soil and natural resource conservation shall be 

invited to participate in the scoping process and to provide advice and 

comments; and

    (6) Eligibility for participation in and the use of the areawide 

compliance must be limited to communities that are in the Regular 

Program of the National Flood Insurance Program and in good standing 

(i.e., not suspended from program eligibility or placed on probation 

under 44 CFR 59.24), thereby demonstrating a capacity for and commitment 

to floodplain management standards sufficient to perform 

responsibilities under this part.

    (7) An expiration date (not to exceed ten years from the date of the 

formal adoption by the local governments) for HUD approval of areawide 

compliance under this part must be stated in the agreement between the 

local governments and HUD. In conjunction with the setting of an 

expiration date, a mechanism for HUD's reevaluation of the 

appropriateness of areawide compliance must be provided in the 

agreement.