[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: 44CFR60.4]



[Page 258-259]

 

              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.  60.4  Flood plain management criteria for mudslide

(i.e., mudflow)-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 

mudslide (i.e., mudflow) hazard area designations have been furnished by 

the Administrator, they shall apply. The symbols defining such special 

mudslide (i.e., mudflow) hazard designations are set forth in Sec.  64.3 

of this subchapter. In all cases, the minimum requirements for mudslide 

(i.e., mudflow)-prone areas adopted by a particular community depend on 

the amount of technical data provided to the community by the 

Administrator. Minimum standards for communities are as follows:

    (a) When the Administrator has not yet identified any area within 

the community as an area having special mudslide (i.e., mudflow) 

hazards, but the community has indicated 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 so that it may determine whether 

development is proposed within mudslide (i.e., mudflow)-prone areas;

    (2) Require review of each permit application to determine whether 

the proposed site and improvements will be reasonably safe from 

mudslides (i.e., mudflows). Factors to be considered in making such a 

determination should include but not be limited to (i) the type and 

quality of soils, (ii) any evidence of ground water or surface water 

problems, (iii) the depth and quality of any fill, (iv) the overall 

slope of the site, and (v) the weight that any proposed structure will 

impose on the slope;

    (3) Require, if a proposed site and improvements are in a location 

that may have mudslide (i.e., mudflow) hazards, that (i) a site 

investigation and further review be made by persons qualified in geology 

and soils engineering, (ii) the proposed grading, excavations, new 

construction, and substantial improvements are adequately designed and 

protected against mudslide (i.e., mudflow)



[[Page 259]]



damages, (iii) the proposed grading, excavations, new construction and 

substantial improvements do not aggravate the existing hazard by 

creating either on-site or off-site disturbances, and (iv) drainage, 

planting, watering, and maintenance be such as not to endanger slope 

stability.

    (b) When the Administrator has delineated Zone M on the community's 

FIRM, the community shall:

    (1) Meet the requirements of paragraph (a) of this section; and

    (2) Adopt and enforce a grading ordinance or regulation in 

accordance with data supplied by the Administrator which (i) regulates 

the location of foundation systems and utility systems of new 

construction and substantial improvements, (ii) regulates the location, 

drainage and maintenance of all excavations, cuts and fills and planted 

slopes, (iii) provides special requirements for protective measures 

including but not necessarily limited to retaining walls, buttress 

fills, sub-drains, diverter terraces, benchings, etc., and (iv) requires 

engineering drawings and specifications to be submitted for all 

corrective measures, accompanied by supporting soils engineering and 

geology reports. Guidance may be obtained from the provisions of the 

1973 edition and any subsequent edition of the Uniform Building Code, 

sections 7001 through 7006, and 7008 through 7015. The Uniform Building 

Code is published by the International Conference of Building Officials, 

50 South Los Robles, Pasadena, California 91101.



[41 FR 46975, Oct. 26, 1976. Redesignated at 44 FR 31177, May 31, 1979, 

as amended at 48 FR 44552, Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984]