[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 44CFR59.22]



[Page 245-246]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

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

                                SECURITY

 

PART 59_GENERAL PROVISIONS--Table of Contents

 

                   Subpart B_Eligibility Requirements

 

Sec.  59.22  Prerequisites for the sale of flood insurance.



    (a) To qualify for flood insurance availability a community shall 

apply for the entire area within its jurisdiction, and shall submit:

    (1) Copies of legislative and executive actions indicating a local 

need for flood insurance and an explicit desire to participate in the 

National Flood Insurance Program;

    (2) Citations to State and local statutes and ordinances authorizing 

actions regulating land use and copies of the local laws and regulations 

cited;

    (3) A copy of the flood plain management regulations the community 

has adopted to meet the requirements of Sec.  Sec.  60.3, 60.4 and/or 

Sec.  60.5 of this subchapter. This submission shall include copies of 

any zoning, building, and subdivision regulations, health codes, special 

purpose ordinances (such as a flood plain ordinance, grading ordinance, 

or flood-related erosion control ordinance), and any other corrective 

and preventive measures enacted to reduce or prevent flood, mudslide 

(i.e., mudflow) or flood-related erosion damage;

    (4) A list of the incorporated communities within the applicant's 

boundaries;

    (5) Estimates relating to the community as a whole and to the flood, 

mudslide (i.e., mudflow) and flood-related erosion prone areas 

concerning:

    (i) Population;

    (ii) Number of one to four family residences;

    (iii) Number of small businesses; and

    (iv) Number of all other structures.



[[Page 246]]



    (6) Address of a local repository, such as a municipal building, 

where the Flood Hazard Boundary Maps (FHBM's) and Flood Insurance Rate 

Maps (FIRM's) will be made available for public inspection;

    (7) A summary of any State or Federal activities with respect to 

flood plain, mudslide (i.e., mudflow) or flood-related erosion area 

management within the community, such as federally-funded flood control 

projects and State-administered flood plain management regulations;

    (8) A commitment to recognize and duly evaluate flood, mudslide 

(i.e., mudflow) and/or flood-related erosion hazards in all official 

actions in the areas having special flood, mudslide (i.e., mudflow) and/

or flood-related erosion hazards and to take such other official action 

reasonably necessary to carry out the objectives of the program; and

    (9) A commitment to:

    (i) Assist the Administrator at his/her request, in his/her 

delineation of the limits of the areas having special flood, mudslide 

(i.e., mudflow) or flood-related erosion hazards;

    (ii) Provide such information concerning present uses and occupancy 

of the flood plain, mudslide (i.e., mudflow) or flood-related erosion 

areas as the Administrator may request;

    (iii) Maintain for public inspection and furnish upon request, for 

the determination of applicable flood insurance risk premium rates 

within all areas having special flood hazards identified on a FHBM or 

FIRM, any certificates of floodproofing, and information on the 

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

floor (including basement) of all new or substantially improved 

structures, and include whether or not such structures contain a 

basement, and if the structure has been floodproofed, the elevation (in 

relation to mean sea level) to which the structure was floodproofed;

    (iv) Cooperate with Federal, State, and local agencies and private 

firms which undertake to study, survey, map, and identify flood plain, 

mudslide (i.e., mudflow) or flood-related erosion areas, and cooperate 

with neighboring communities with respect to the management of adjoining 

flood plain, mudslide (i.e., mudflow) and/or flood-related erosion areas 

in order to prevent aggravation of existing hazards;

    (v) Upon occurrence, notify the Administrator in writing whenever 

the boundaries of the community have been modified by annexation or the 

community has otherwise assumed or no longer has authority to adopt and 

enforce flood plain management regulations for a particular area. In 

order that all FHBM's and FIRM's accurately represent the community's 

boundaries, include within such notification a copy of a map of the 

community suitable for reproduction, clearly delineating the new 

corporate limits or new area for which the community has assumed or 

relinquished flood plain management regulatory authority.

    (b) An applicant shall legislatively:

    (1) Appoint or designate the agency or official with the 

responsibility, authority, and means to implement the commitments made 

in paragraph (a) of this section, and

    (2) Designate the official responsible to submit a report to the 

Administrator concerning the community participation in the Program, 

including, but not limited to the development and implementation of 

flood plain management regulations. This report shall be submitted 

annually or biennially as determined by the Administrator.

    (c) The documents required by paragraph (a) of this section and 

evidence of the actions required by paragraph (b) of this section shall 

be submitted to the Federal Emergency Management Agency, Washington DC 

20472.



[41 FR 46968, Oct. 26, 1976. Redesignated at 44 FR 31177, May 31, 1979 

and amended at 48 FR 29318, June 24, 1983; 48 FR 44543 and 44552, Sept. 

29, 1983; 49 FR 4751, Feb. 8, 1984; 49 FR 33656, Aug. 24, 1984; 50 FR 

36023, Sept. 4, 1985]