[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: 44CFR65.14]



[Page 352-355]

 

              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--

able of Contents

 

Sec.  65.14  Remapping of areas for which local flood protection systems no

longer provide base flood protection.



    (a) General. (1) This section describes the procedures to follow and 

the types of information FEMA requires to designate flood control 

restoration zones. A community may be eligible to apply for this zone 

designation if the Administrator determines that it is engaged in the 

process of restoring a flood protection system that was:

    (i) Constructed using Federal funds;

    (ii) Recognized as providing base flood protection on the 

community's effective FIRM; and

    (iii) Decertified by a Federal agency responsible for flood 

protection design or construction.

    (2) Where the Administrator determines that a community is in the 

process of restoring its flood protection system to provide base flood 

protection, a FIRM will be prepared that designates the temporary flood 

hazard areas as a flood control restoration zone (Zone AR). Existing 

special flood hazard areas shown on the community's effective FIRM that 

are further inundated by Zone AR flooding shall be designated as a 

``dual'' flood insurance rate zone, Zone AR/AE or AR/AH with Zone AR 

base flood elevations, and AE



[[Page 353]]



or AH with base flood elevations and Zone AR/AO with Zone AR base flood 

elevations and Zone AO with flood depths, or Zone AR/A with Zone AR base 

flood elevations and Zone A without base flood elevations.

    (b) Limitations. A community may have a flood control restoration 

zone designation only once while restoring a flood protection system. 

This limitation does not preclude future flood control restoration zone 

designations should a fully restored, certified, and accredited system 

become decertified for a second or subsequent time.

    (1) A community that receives Federal funds for the purpose of 

designing or constructing, or both, the restoration project must 

complete restoration or meet the requirements of 44 CFR 61.12 within a 

specified period, not to exceed a maximum of 10 years from the date of 

submittal of the community's application for designation of a flood 

control restoration zone.

    (2) A community that does not receive Federal funds for the purpose 

of constructing the restoration project must complete restoration within 

a specified period, not to exceed a maximum of 5 years from the date of 

submittal of the community's application for designation of a flood 

control restoration zone. Such a community is not eligible for the 

provisions of Sec.  61.12. The designated restoration period may not be 

extended beyond the maximum allowable under this limitation.

    (c) Exclusions. The provisions of these regulations do not apply in 

a coastal high hazard area as defined in 44 CFR 59.1, including areas 

that would be subject to coastal high hazards as a result of the 

decertification of a flood protection system shown on the community's 

effective FIRM as providing base flood protection.

    (d) Effective date for risk premium rates. The effective date for 

any risk premium rates established for Zone AR shall be the effective 

date of the revised FIRM showing Zone AR designations.

    (e) Application and submittal requirements for designation of a 

flood control restoration zone. A community must submit a written 

request to the Administrator, signed by the community's Chief Executive 

Officer, for a flood plain designation as a flood control restoration 

zone. The request must include a legislative action by the community 

requesting the designation. The Administrator will not initiate any 

action to designate flood control restoration zones without receipt of 

the formal request from the community that complies with all 

requirements of this section. The Administrator reserves the right to 

request additional information from the community to support or further 

document the community's formal request for designation of a flood 

control restoration zone, if deemed necessary.

    (1) At a minimum, the request from a community that receives Federal 

funds for the purpose of designing, constructing, or both, the 

restoration project must include:

    (i) A statement whether, to the best of the knowledge of the 

community's Chief Executive Officer, the flood protection system is 

currently the subject matter of litigation before any Federal, State or 

local court or administrative agency, and if so, the purpose of that 

litigation;

    (ii) A statement whether the community has previously requested a 

determination with respect to the same subject matter from the 

Administrator, and if so, a statement that details the disposition of 

such previous request;

    (iii) A statement from the community and certification by a Federal 

agency responsible for flood protection design or construction that the 

existing flood control system shown on the effective FIRM was originally 

built using Federal funds, that it no longer provides base flood 

protection, but that it continues to provide protection from the flood 

having at least a 3-percent chance of occurrence during any given year;

    (iv) An official map of the community or legal description, with 

supporting documentation, that the community will adopt as part of its 

flood plain management measures, which designates developed areas as 

defined in Sec.  59.1 and as further defined in Sec.  60.3(f).

    (v) A restoration plan to return the system to a level of base flood 

protection. At a minimum, this plan must:



[[Page 354]]



    (A) List all important project elements, such as acquisition of 

permits, approvals, and contracts and construction schedules of planned 

features;

    (B) Identify anticipated start and completion dates for each 

element, as well as significant milestones and dates;

    (C) Identify the date on which ``as built'' drawings and 

certification for the completed restoration project will be submitted. 

This date must provide for a restoration period not to exceed the 

maximum allowable restoration period for the flood protection system, 

or;

    (D) Identify the date on which the community will submit a request 

for a finding of adequate progress that meets all requirements of Sec.  

61.12. This date may not exceed the maximum allowable restoration period 

for the flood protection system;

    (vi) A statement identifying the local project sponsor responsible 

for restoration of the flood protection system;

    (vii) A copy of a study, performed by a Federal agency responsible 

for flood protection design or construction in consultation with the 

local project sponsor, which demonstrates a Federal interest in 

restoration of the system and which deems that the flood protection 

system is restorable to a level of base flood protection.

    (viii) A joint statement from the Federal agency responsible for 

flood protection design or construction involved in restoration of the 

flood protection system and the local project sponsor certifying that 

the design and construction of the flood control system involves Federal 

funds, and that the restoration of the flood protection system will 

provide base flood protection;

    (2) At a minimum, the request from a community that receives no 

Federal funds for the purpose of constructing the restoration project 

must:

    (i) Meet the requirements of Sec.  65.14(e)(1)(i) through (iv);

    (ii) Include a restoration plan to return the system to a level of 

base flood protection. At a minimum, this plan must:

    (A) List all important project elements, such as acquisition of 

permits, approvals, and contracts and construction schedules of planned 

features;

    (B) Identify anticipated start and completion dates for each 

element, as well as significant milestones and dates; and

    (C) Identify the date on which ``as built'' drawings and 

certification for the completed restoration project will be submitted. 

This date must provide for a restoration period not to exceed the 

maximum allowable restoration period for the flood protection system;

    (iii) Include a statement identifying the local agency responsible 

for restoration of the flood protection system;

    (iv) Include a copy of a study, certified by registered Professional 

Engineer, that demonstrates that the flood protection system is 

restorable to provide protection from the base flood;

    (v) Include a statement from the local agency responsible for 

restoration of the flood protection system certifying that the restored 

flood protection system will meet the applicable requirements of Part 

65; and

    (vi) Include a statement from the local agency responsible for 

restoration of the flood protection system that identifies the source of 

funds for the purpose of constructing the restoration project and a 

percentage of the total funds contributed by each source. The statement 

must demonstrate, at a minimum, that 100 percent of the total financial 

project cost of the completed flood protection system has been 

appropriated.

    (f) Review and response by the Administrator. The review and 

response by the Administrator shall be in accordance with procedures 

specified in Sec.  65.9.

    (g) Requirements for maintaining designation of a flood control 

restoration zone. During the restoration period, the community and the 

cost-sharing Federal agency, if any, must certify annually to the FEMA 

Regional Office having jurisdiction that the restoration will be 

completed in accordance with the restoration plan within the time period 

specified by the plan. In addition, the community and the cost-sharing 

Federal agency, if any, will update the restoration plan and will 

identify



[[Page 355]]



any permitting or construction problems that will delay the project 

completion from the restoration plan previously submitted to the 

Administrator. The FEMA Regional Office having jurisdiction will make an 

annual assessment and recommendation to the Administrator as to the 

viability of the restoration plan and will conduct periodic on-site 

inspections of the flood protection system under restoration.

    (h) Procedures for removing flood control restoration zone 

designation due to adequate progress or complete restoration of the 

flood protection system. At any time during the restoration period:

    (1) A community that receives Federal funds for the purpose of 

designing, constructing, or both, the restoration project shall provide 

written evidence of certification from a Federal agency having flood 

protection design or construction responsibility that the necessary 

improvements have been completed and that the system has been restored 

to provide protection from the base flood, or submit a request for a 

finding of adequate progress that meets all requirements of Sec.  61.12. 

If the Administrator determines that adequate progress has been made, 

FEMA will revise the zone designation from a flood control restoration 

zone designation to Zone A99.

    (2) After the improvements have been completed, certified by a 

Federal agency as providing base flood protection, and reviewed by FEMA, 

FEMA will revise the FIRM to reflect the completed flood control system.

    (3) A community that receives no Federal funds for the purpose of 

constructing the restoration project must provide written evidence that 

the restored flood protection system meets the requirements of Part 65. 

A community that receives no Federal funds for the purpose of 

constructing the restoration project is not eligible for a finding of 

adequate progress under Sec.  61.12.

    (4) After the improvements have been completed and reviewed by FEMA, 

FEMA will revise the FIRM to reflect the completed flood protection 

system.

    (i) Procedures for removing flood control restoration zone 

designation due to non-compliance with the restoration schedule or as a 

result of a finding that satisfactory progress is not being made to 

complete the restoration. At any time during the restoration period, 

should the Administrator determine that the restoration will not be 

completed in accordance with the time frame specified in the restoration 

plan, or that satisfactory progress is not being made to restore the 

flood protection system to provide complete flood protection in 

accordance with the restoration plan, the Administrator shall notify the 

community and the responsible Federal agency, in writing, of the 

determination, the reasons for that determination, and that the FIRM 

will be revised to remove the flood control restoration zone 

designation. Within thirty (30) days of such notice, the community may 

submit written information that provides assurance that the restoration 

will be completed in accordance with the time frame specified in the 

restoration plan, or that satisfactory progress is being made to restore 

complete protection in accordance with the restoration plan, or that, 

with reasonable certainty, the restoration will be completed within the 

maximum allowable restoration period. On the basis of this information 

the Administrator may suspend the decision to revise the FIRM to remove 

the flood control restoration zone designation. If the community does 

not submit any information, or if, based on a review of the information 

submitted, there is sufficient cause to find that the restoration will 

not be completed as provided for in the restoration plan, the 

Administrator shall revise the FIRM, in accordance with 44 CFR Part 67, 

and shall remove the flood control restoration zone designations and 

shall redesignate those areas as Zone A1-30, AE, AH, AO, or A.



[62 FR 55717, Oct. 27, 1997]