[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR59.2]

[Page 227-228]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 
                                SECURITY
 
PART 59_GENERAL PROVISIONS--Table of Contents
 
                            Subpart A_General
 
Sec.  59.2  Description of program.

    (a) The National Flood Insurance Act of 1968 was enacted by title 
XIII of the Housing and Urban Development Act of

[[Page 228]]

1968 (Pub. L. 90-448, August 1, 1968) to provide previously unavailable 
flood insurance protection to property owners in flood-prone areas. 
Mudslide (as defined in Sec.  59.1) protection was added to the Program 
by the Housing and Urban Development Act of 1969 (Pub. L. 91-152, 
December 24, 1969). Flood-related erosion (as defined in Sec.  59.1) 
protection was added to the Program by the Flood Disaster Protection Act 
of 1973 (Pub. L. 93-234, December 31, 1973). The Flood Disaster 
Protection Act of 1973 requires the purchase of flood insurance on and 
after March 2, 1974, as a condition of receiving any form of Federal or 
federally-related financial assistance for acquisition or construction 
purposes with respect to insurable buildings and mobile homes within an 
identified special flood, mudslide (i.e., mudflow), or flood-related 
erosion hazard area that is located within any community participating 
in the Program. The Act also requires that on and after July 1, 1975, or 
one year after a community has been formally notified by the 
Administrator of its identification as community containing one or more 
special flood, mudslide (i.e., mudflow), or flood-related erosion hazard 
areas, no such Federal financial assistance, shall be provided within 
such an area unless the community in which the area is located is then 
participating in the Program, subject to certain exceptions. See FIA 
published Guidelines at Sec.  59.4(c).
    (b) To qualify for the sale of federally-subsidized flood insurance 
a community must adopt and submit to the Administrator as part of its 
application, flood plain management regulations, satisfying at a minimum 
the criteria set forth at part 60 of this subchapter, designed to reduce 
or avoid future flood, mudslide (i.e., mudflow) or flood-related erosion 
damages. These regulations must include effective enforcement 
provisions.
    (c) Minimum requirements for adequate flood plain management 
regulations are set forth in Sec.  60.3 for flood-prone areas, in Sec.  
60.4 for mudslide (i.e., mudflow) areas and in Sec.  60.5 for flood-
related erosion areas. Those applicable requirements and standards are 
based on the amount of technical information available to the community.

[41 FR 46968, Oct. 26, 1976, as amended at 43 FR 7140, Feb. 17, 1978. 
Redesignated at 44 FR 31177, May 31, 1979, and amended at 48 FR 44552, 
Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984]