[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: 44CFR65.5]



[Page 342-343]

 

              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.  65.5  Revision to special hazard area boundaries with no change

to base flood elevation determinations.



    (a) Data requirements for topographic changes. In many areas of 

special flood hazard (excluding V zones and floodways) it may be 

feasible to elevate areas with engineered earthen fill above the base 

flood elevation. Scientific and technical information to support a 

request to gain exclusion from an area of special flood hazard of a 

structure or parcel of land that has been elevated by the placement of 

engineered earthen fill will include the following:

    (1) A copy of the recorded deed indicating the legal description of 

the property and the official recordation information (deed book volume 

and page number) and bearing the seal of the appropriate recordation 

official (e.g., County Clerk or Recorder of Deeds).

    (2) If the property is recorded on a plat map, a copy of the 

recorded plat indicating both the location of the property and the 

official recordation information (plat book volume and page number) and 

bearing the seal of the appropriate recordation official. If the 

property is not recorded on a plat map, FEMA requires copies of the tax 

map or other suitable maps to help in locating the property accurately.

    (3) A topographic map or other information indicating existing 

ground elevations and the date of fill. FEMA's determination to exclude 

a legally defined parcel of land or a structure from the area of special 

flood hazard will be based upon a comparison of the base flood 

elevations to the lowest ground elevation of the parcel or the lowest 

adjacent grade to the structure. If the lowest ground elevation of the 

entire legally defined parcel of land or the lowest adjacent grade to 

the structure are at or above the elevations of the base flood, FEMA 

will exclude the parcel and/or structure from the area of special flood 

hazard.

    (4) Written assurance by the participating community that they have 

complied with the appropriate minimum floodplain management requirements 

under Sec.  60.3. This includes the requirements that:

    (i) Existing residential structures built in the SFHA have their 

lowest floor elevated to or above the base flood;

    (ii) The participating community has determined that the land and 

any existing or proposed structures to be removed from the SFHA are 

``reasonably safe from flooding'', and that they have on file, available 

upon request by FEMA, all supporting analyses and documentation used to 

make that determination;

    (iii) The participating community has issued permits for all 

existing and proposed construction or other development; and



[[Page 343]]



    (iv) All necessary permits have been received from those 

governmental agencies where approval is required by Federal, State, or 

local law.

    (5) If the community cannot assure that it has complied with the 

appropriate minimum floodplain management requirements under Sec.  60.3, 

of this chapter, the map revision request will be deferred until the 

community remedies all violations to the maximum extent possible through 

coordination with FEMA. Once the remedies are in place, and the 

community assures that the land and structures are ``reasonably safe 

from flooding,'' we will process a revision to the SFHA using the 

criteria set forth in Sec.  65.5(a). The community must maintain on 

file, and make available upon request by FEMA, all supporting analyses 

and documentation used in determining that the land or structures are 

``reasonably safe from flooding.''

    (6) Data to substantiate the base flood elevation. If we complete a 

Flood Insurance Study (FIS), we will use those data to substantiate the 

base flood elevation. Otherwise, the community may submit data provided 

by an authoritative source, such as the U.S. Army Corps of Engineers, 

U.S. Geological Survey, Natural Resources Conservation Service, State 

and local water resource departments, or technical data prepared and 

certified by a registered professional engineer. If base flood 

elevations have not previously been established, we may also request 

hydrologic and hydraulic calculations.

    (7) A revision of floodplain delineations based on fill must 

demonstrate that any such fill does not result in a floodway 

encroachment.

    (b) New topographic data. A community may also follow the procedures 

described in paragraphs (a)(1) through (6) of this section to request a 

map revision when no physical changes have occurred in the area of 

special flood hazard, when no fill has been placed, and when the natural 

ground elevations are at or above the elevations of the base flood, 

where new topographic maps are more detailed or more accurate than the 

current map.

    (c) Certification requirements. A registered professional engineer 

or licensed land surveyor must certify the items required in paragraphs 

(a)(3) and (6) and (b) of this section. Such certifications are subject 

to the provisions under Sec.  65.2.

    (d) Submission procedures. Submit all requests to the appropriate 

address serving the community's geographic area or to the FEMA 

Headquarters Office in Washington, DC.



[66 FR 22442, May 4, 2001]