[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: 44CFR65.14]

[Page 337-340]
 
              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--Table 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 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

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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:
    (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:

[[Page 339]]

    (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 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,

[[Page 340]]

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]