[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: 44CFR73.3]

[Page 358]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 
                                SECURITY
 
PART 73_IMPLEMENTATION OF SECTION 1316 OF THE NATIONAL FLOOD INSURANCE ACT OF 
 
Sec.  73.3  Denial of flood insurance coverage.

    (a) No new flood insurance shall be provided for any property which 
the Administrator finds has been declared by a duly constituted State or 
local zoning authority or other authorized public body, to be in 
violation of State or local laws, regulations or ordinances which are 
intended to discourage or otherwise restrict land development or 
occupancy in flood-prone areas.
    (b) New and renewal flood insurance shall be denied to a structure 
upon a finding by the Administrator of a valid declaration of a 
violation.
    (c) States and communities shall determine whether to submit a 
declaration to the Administrator for the denial of insurance.
    (d) A valid declaration shall consist of:
    (1) The name(s) of the property owner(s) and address or legal 
description of the property sufficient to confirm its identity and 
location;
    (2) A clear and unequivocal declaration that the property is in 
violation of a cited State or local law, regulation or ordinance;
    (3) A clear statement that the public body making the declaration 
has authority to do so and a citation to that authority;
    (4) Evidence that the property owner has been provided notice of the 
violation and the prospective denial of insurance; and
    (5) A clear statement that the declaration is being submitted 
pursuant to section 1316 of the National Flood Insurance Act of 1968, as 
amended.